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Backup Documents 12/02-03/2008 R BOARD OF COUNTY COMMISSIONER'S REGULAR MEETING BACK-UP DOCUMENTS DECEMBER 2-3, 2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-0,-",\1/11, SlJ r ' ( I,ll '- ...'""'" ;1'.....\ AGENDA December 2-3, 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 (Absent 12-3-08) 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." December 2-3, 2008 Page 1 ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor 1. R. Pagan, International Worship Center Absent - Invocation given by County Manager Jim Mudd 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted w/changes - 5/0 B. October 22,2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Scott Watson Approved as presented - 5/0 C. October 24,2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Mark Pelletier Approved as presented - 5/0 D. October 28, 2008 - BCC/Regular Meeting Approved as presented - 5/0 December 2-3, 2008 Page 2 E. October 30, 2008 - BCC/LDC Meeting Approved as presented - 5/0 F. November 3,2008 - BCC/AUIR Meeting Approved as presented - 5/0 G. November 5, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Mark Pelletier Approved as presented - 5/0 H. November 7, 2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Davia Mazur Approved as presented - 5/0 I. November 10,2008 - Value Adjustment Board Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Added - Direction given in Agenda Item #15A A. Floyd Crews - 10 years on the Immokalee Enterprise Zone Development Agency Continued to later in meeting 4. PROCLAMATIONS A. Proclamation endorsing and supporting the activities of the Economic Development Council's Project Innovation. To be accepted by Tammie Nemecek, Bill O'Neill, Chris Doyle, Dolph Von Arx and Representative Tom Grady. Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public petition request by David Schimmel to discuss donation of County Property at 425 I st Street North, Immokalee, FL. To be brought back to a future BCC Meeting in January, 2009 with options - Consensus December 2-3, 2008 Page 3 B. Public petition request by Jim Dishinger to discuss main gate access at Forest Glen. Motion for staff to bring back w/alternatives for consideration Approved - 5/0 C. Public petition request by Juan Barrera to discuss After The Fact Fee on Permit #2008060365. Motion to reduce fee to 1 Yz times the fee - Approved 4/1 (Commissioner Halas opposed) D. This item continued from the November 18.2008 BCC Meetinl!. Public petition request by Jamesdon Stevens to discuss bid process for Solicitation Number 08-5123. Discussed E. Public petition request by Aisling Swift to discuss vegetation buffer between New Hope Ministries, Briar Landings, Lake Pointe Condominiums and The Enclave. Gave direction for homeowners to meet with developer and discuss options regarding a wall versus a vegetation buffer and come to an agreement for both parties F. Public petition request by Antonia Soto to discuss migrant worker transport bus parking. Petitioner not present Item 7 and 8 to be heard no sooner than 1:00 n.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. SV-2008-AR-13374 Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven variances. The first six Variances are from the Land Development Code (LDC) Section 5.06.04 C.I., which requires a minimurn separation of 1,000 lineal feet between signs, to allow a sign separation of 66 feet, 40 feet, 156 feet, 66 feet,71 feet, and 96 feet. The seventh Variance is from LDC Section 5.06.04 C.I., which permits a maximum of two pole signs per street frontage, to permit a maximum of four signs along a street frontage. The subject property is located at 475 Seagate Drive, in Section 9, Township 49 December 2-3, 2008 Page 4 South, Range 25 East, Collier County, Florida. CTS Resolution 2008-350: Approving signs A, B & C - Adopted 5/0 Continued indefinitely B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. SV-2008-AR-13395 Immokalee-Wood, LLC, represented by Michael R. Fernandez of Planning Development, Inc., is requesting a variance from the Land Development Code (LDC) Section 5.06.04 C.l. to reduce the minimum separation of 1,000 lineal feet between signs to allow a sign separation of 276 feet. The subject property is located at 2600 Immokalee Road, Section 25, Township 48 South, Range 25 East, Collier County, Florida. (CTS) C. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearinl! be held on this item, all participants are required to be sworn in. ADA-2008-AR-1373 I (AC) Monte Carlo Club Condominium Association, Inc., represented by Quin L. Kurth of Turrell, Hall and Associates, Inc., requesting an appeal to the Board of Zoning Appeals ofa decision of the Collier County Planning Commission in Resolution No. 08-03 denying Petition BD-2006-AR-9061 that requested a 15-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 35- foot boat dock facility accommodating 20 additional boat slips for property described as Lots I and 2, Block B of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48 South, Range 25 East, Collier County, Florida (part of the Monte Carlo Club Condominium). Motion to uphold the Planning Commission's findings - Failed 1/4 (Commissioner Henning, Commissioner Coyle, Commissioner Coletta and Commissioner Fiala opposed); Motion to remand this item back to the Planning Commission with a request for formal interpretation and reasons for initial denial in accordance with the LDC - Approved 5/0 8. ADVERTISED PUBLIC HEARINGS Moved from Item #17B A. Recommendation that Board of County Commissioners repeals and replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping in the unincorporated areas of Collier County. Ordinance 2008-65 - Adopted 5/0 December 2-3, 2008 Page 5 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Services Advisory Committee. Resolution 2008-351: Re-appointing Robert Mulhere (w/waiver of term limits), George H. Hermanson, Dalas D. Disney (w/waiver of term limits), William J. Varian and David Dunnavant - Adopted 5/0 B. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. Resolution 2008-352: Re-appointing Thomas Decker and Joseph Langkawel - Adopted 5/0 C. This item to be heard at 11:30 a.m. To reconsider the Board of County Commissioners direction for the EAC and the CCPC to hold a joint workshop to hear the RLSA Phase II report. Motion to have each advisory group review separately and instruct staff to move forward without delay - Approved 5/0 10. COUNTY MANAGER'S REPORT A. This item continued from the November 18,2008 BCC Meetinl!. Presentation to the Board of County Commissioners to provide an annual update and comparison of the local area housing market and the status of current affordable housing programs, funding amounts and assistance strategies. (Marcy Krumbine, Housing and Human Services Director) Motion to accept presentation - Approved 5/0 B. Recommendation to adopt a resolution authorizing the condemnation ofland and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion of Collier Boulevard from four lanes to six lanes from Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road (Project No. 68056). Estimated fiscal impact: $13,052,361. (Norman Feder, Transportation Services Administrator) Resolution 2008-353 - Adopted 4/0 (Commissioner Fiala absent) C. Recommendation that the Board of County Commissioners approve the proposal regarding the Executive Manager to the BCC. (Jim Mudd, County Manager) December 2-3, 2008 Page 6 Motion to have Mike Sheffield to work with the Board Office while continuing to carry out his duties in the County Manager's Office; Executive Manager Sue Filson will relocate to the Budget Office but will retain Board specified duties, including advisory board appointments and as BCC Meeting secretary - Approved 4/1 (Commissioner Coyle opposed); On 12-3-08: See County Manager Mudd's comment on Agenda Item #15C D. This item to be heard at 11:00 a.m. Recommendation that the Board of County Commissioners determine the Fiscal Year 2009 capital projects to be programmed based on the $1 ,S03,392 turn-back revenue allocated to the Landscape Beautification Master Plan and the three projects scheduled for landscaping. (Norman Feder, Transportation Services Administrator.) Motion to combine Options #2 & #3 and obtain bids for all 3 projects and wavier of local preference - Approved 4/1 (Commissioner Coletta opposed) E. Recommendation that the Board of County Commissioners provide the County Manager or his designee with guidance on whether reimbursement to the Conservation Collier Program from other County Departments for Panther Habitat Unit Mitigation Credits at the Starnes property is appropriate, and if appropriate, guidance on the amount of the reimbursement. (Melissa Hennig, Principal Environmental Specialist) Motion to approve Option #2 - Approved 4/1 (Commissioner Coletta opposed) F. This item to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners provide direction to staff for the disposal of Delasol Neighborhood Park. Motion to approve Option #2 - Approved 3/2 (Commissioner Halas and Commissioner Coyle opposed) December 3, 2008 G. Recommendation to review and approve the proposed addition of Economic Development to the list of Collier County 2009 State Legislative Priorities as proposed by the Economic Development Council at the joint Board of County Commissioners and Collier County Legislative Delegation Pre 2009 Legislative Session Workshop held on November 14, 200S. (Debbie Wight, Assistant to the County Manager.) December 2-3, 2008 Page 7 Motion to approve as modified - Approved 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16AI0 H. Recommendation to obtain direction from the Board of County Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and other similar overgrowth in excess of IS inches in height to include a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around any permitted structure on the lot mowed to a length ofless than 6 inches in height. Approved - 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16A8 I. To request that the Board of County Commissioners (BCC) approve a single Land Development Code (LDC) Amendment Cycle for the 2009 calendar year to consider a limited scope of amendments to the LDC as follows: to remove the administrative provisions from the LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal Report (EAR) based Environmental amendments that were continued by the BCC from the 200S Cycle I; to consider amendments to the School Board review process as required by adoption of the 200S GMP Amendments; to consider an amendment to the nonconformities section of the LDC continued from the 200S Cycle 1; to consider the proposed architectural design deviation process for Immokalee as acknowledged by the BCC; to consider the amendments to the Wellfield protection regulations as directed by the BCC; to consider amendments to specify how to calculate shorelines subject to conservation easements or the like when calculating the number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any amendments to the Stewardship Receiving Area (SRA) ifthere are any at that time. Motion to approve to add amendments to the Vanderbilt Beach Overlay to the LDC Cycle - Approved 4/0 (Commissioner Halas absent) December 3, 2008 Moved from Item #16B2 December 2-3, 2008 Page 8 J. Request that the Board direct staff to bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation projects, to separate the Construction Standards Handbook into two separate handbooks consisting of the 200S version of the Construction Standards Handbook for Work within the Public Right-of- Way, Collier County, Florida and a new 200S Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way Handbook, and to authorize future revisions to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. Motion to Continue - Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 2S6.0 II (S), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, DECEMBER 2, 200S, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Session B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1 056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. December 2-3, 2008 Page 9 Direct County Attorney to consult with the State Attorney's Office on a number of violations of law by the Clerk of Courts - Approved 4/1 (Commissioner Henning opposed) December 3, 2008 Moved from Item #16K4 C. Recommendation to Authorize the County Attorney to File a Lawsuit on behalf of the Collier County Board of County Commissioners, against Paul R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages in the Amount of $54,316.72. Approved - 3/0 (Commissioner Coyle and Commissioner Halas absent) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY December 3, 2008 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Motion to continue Item #3A to the December 16,2008 BCC Meeting- Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) B. Jim Mudd: Regarding voluntary employee separation incentive; further discussion at December 16, 2008 BCC Meeting C. Jim Mudd: Regarding Item #10C, Mike Sheffield is not interested in assuming Board Office position; internal search to be done; Mike Sheffield will help by temporarily filling in at this time D. Commissioner Fiala: Impact fees on vacant existing structures - to be brought back for further discussion E. Commissioner Fiala: Water/sewer impact fee policy on unimproved property F. Commissioner Coletta: Concern re: water/sewer district boundaries and future charges in District #5 G. Commissioner Coletta: Discussion on events at the Florida Association of Counties Meeting he attended with Commissioner Halas H. Commissioner Henning: To write letter in support of the Boys and Girls Club for a grant request - Approved 3/0 (Commissioner Coyle and Commissioner Halas absent) I. Commissioner Henning: Questioning his authority to sign an indemnity agreement relating to a prior resolution - Consensus for chairman to sign December 2-3, 2008 Page 10 J. Commissioner Henning: Motion to adjourn - Approved 3/0 ------------------------------------------------------------------------------------------------------------ 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 w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of the water and sewer utility facilities for WalMart at Artesa Point. W/release of any Utilities Performance Security 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Grand Lely Drive Extension. W/release of any Utilities Performance Security 3) To accept final and unconditional conveyance of the water utility facility for Ole. W/release of any Utilities Performance Security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2A (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-342 and release of the Maintenance Security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2B (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. Resolution 2008-343 and release of the Maintenance Security 6) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Verona walk Phase 2C (Winding Cypress PUD) with the roadway and drainage December 2-3, 2008 Page 11 improvements being privately maintained. Resolution 2008-344 and release of the Maintenance Security 7) Request to increase the time frame associated with the contract to allow for the Van Buskirk, Ryffel & Associates to provide the land use modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation Division to update to the Long Range Transportation Plan (LRTP). Extending the contract by 150 days or 2/2712009 Moved to Item #101 8) To request that the Board of County Commissioners (BCC) approve a single Land Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited scope of amendments to the LDC as follows: to remove the administrative provisions from the LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal Report (EAR) based Environmental amendments that were continued by the BCC from the 200S Cycle I; to consider amendments to the School Board review process as required by adoption of the 200S GMP amendments; to consider an amendment to the Nonconformities section of the LDC continued from the 200S cycle I; to consider the proposed architectural design deviation process for Immokalee as acknowledged by the BCC; to consider the amendments to the Wellfield protection regulations as directed by the BCC; to consider amendments to specify how to calculate shorelines subject to conservation easements or the like when calculating the number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any amendments to the Stewardship Receiving Area (SRA) if there are any at that time. 9) Request that the Board of County Commissioners, acting in the capacity of the Enterprise Zone Development Agency (EZDA) Governing Board approve a resolution to designate Penny Phillippi, the Immokalee CRA executive director, as the official contact person for the Immokalee Enterprise Zone Development Agency. The current official contact person for the Immokalee EZDA is the Director of Comprehensive Planning, Randy Cohen. Resolution 2008-345 December 2-3, 2008 Page 12 Moved to Item #10H 10) Recommendation to obtain direction from the Board of County Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and other similar overgrowth in excess of 18 inches in height to include a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around any permitted structure on the lot mowed to a length of less than 6 inches in height. 11) Recommendation to award Bid # 08-5103 -- Demolition of Commercial and Residential Structures to Cross Environmental Services, Inc., Honc Marine Contracting, Inc. d/b/a Honc Destruction, and Gruelle Construction, Inc. 10 structural demolitions with an average cost of $3,725 per structure. Code Enforcement anticipates thirty demolitions in the current fiscal year B. TRANSPORTATION SERVICES 1) Recommendation that the Board of County Commissioners approve the sponsor, Florida Department of Corrections/Hendry Correctional Institution one (I) Adopt-A-Road Program Agreement with two (2) recognition signs at a total cost of $150.00 for Oil Well Road aJk!a/ CR 858 from SR 29 to County Line Road. To provide litter removal in accordance with instructions in the agreement Moved to Item #10J 2) Request that the Board direct staff to bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation projects, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right-of-Way, Collier County and new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way Handbook, and authorize future revisions to December 2-3, 2008 Page 13 each Handbook made separately by resolution approved by the BCC 3) Recommendation that the Board of County Commissioners approve two sponsors, MavCor Distributors and Ad Expressions (2) Adopt-A- Road Program Agreements with four (4) roadway recognition signs at a total cost of$300.00, for CR 92 alklai San Marco Road and Pine Ridge Road west of 1-75, respectively. To provide litter removal in accordance with instructions in the agreement 4) Recommendation that the Board of County Commissioners approve the sponsor, Rods Performance Marine, one (I) Adopt-A-Road Program Agreement with two (2) recognition signs at a total cost of $150.00 for Commercial Dr., Linwood Ave., and Linwood Way roadways. To provide litter removal in accordance with instructions in the agreement 5) Recommendation to approve an Agreement for the donation of a .028 acre Perpetual, Non-Exclusive Sidewalk and Access Easement along Golden Gate Parkway in the Golden Gate City area. Project No. 600831 (Fiscal Impact: $800.00) Located just east of 50th Street SW 6) Recommendation to award Bid #08-5095, The Purchase and Delivery of Fungicides, Herbicides and Insecticides, to the Agro Distributions LLC (dba ProSource One), UAP Distribution, Inc., Helena Chemical, Red River Specialties, Inc., LESCO, Univar USA, Inc., and DeAngelo Brothers Inc. Alenza, at an estimated annual expenditure of $300,000.00 7) Recommendation that the Board of County Commissioners approve Change Order #4 to the contract with Astaldi Construction, Inc. in the amount of$965,869.67 for additional work on the Immokalee Road Design Build Project from Collier Boulevard to 1-75, Project #66045, Contract #05-3770 and approve the necessary budget amendment. Allowing for the direct purchase of the pre-cast Cons pan Bridge at Northbrooke Drive and the truncated domes and crosswalks December 2-3, 2008 Page 14 8) Recommendation to award a construction contract to American Earth Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road), in the amount of $720,000.00 to the contractor. For the repair and resurfacing of the bridges that received critical scores from FDOT 9) Recommendation to award Bid #09-511IR "Radio Road Beautification MSTD/MSTU Roadway Grounds Maintenance" to Hannula Landscaping, Inc. in the estimated annual amount of $104,741.50 For basic, site specific, general maintenance services, and emergency landscaping services 10) Recommendation that the Board of County Commissioners approve a Maintenance Agreement to accompany the Locally Funded Agreement between FDOT and Collier County for construction of a new bridge over the Cocohatchee River on County Road 901 (Vanderbilt Drive), previously approved on October 28,2008 and authorizing the Chairman to execute both agreements. Resolution 2008-346 11) Recommendation to award RFP #08-5067 for Real Estate Appraisal Services to the following firms: American Acquisition Group; Anderson & Carr; Appraisal Group of Central Florida; Boyd, Schmidt & Brannum; Callaway & Price; Kenneth C. Evans; Kenneth R. Devos; Integra Realty Resources; Real Estate Appraisal & Litigation; Retech; Wilcox Appraisal Services. Used to estimate the compensation due to property owners as a result of the necessary acquisition of their properties for the construction of public improvement projects such as roads, canals, parks, utility facilities and Conservation Collier purchases 12) Recommendation to award Bid #09-5141 Golden Gate Parkway & 1- 75 Interchange Landscape Maintenance to Hannula Landscaping and Irrigation, Inc. in the estimated annual expenditure 01'$55,000.00 (Fund Ill, Cost Center 163889). 13) Recommendation to award Bid #09-51401-75 at Golden Gate Parkway Landscape Improvements to Hannula Landscaping Inc. in the amount December 2-3, 2008 Page 15 01'$97,995.75 with 10% contingency 01'$9,799.58 for a total of $107,795.33(Project #60043). 14) Recommendation to approve the Assumption Agreement under Contract No. 07-4176 Purchase of Lime Rock and Fill Material, Fixed Term Contract from Florida Rock Industries, Inc. by Vulcan Materials Company. The county was notified of the purchase on October 23, 2008 15) Recommendation to secure a State Transit Grant for the addition of Transit Service into Lee County and authorize staff to work with Florida Department of Transportation and LeeTran staff on the development ofa Public Transit Service Development Program Joint Participation Agreement. Providing a Lee/Collier Transit Connection that would provide regional transit service between Lee County and Collier County at Bonita Beach Road on Tamiami Trail and all other Collier Area Transit routes at North Collier Hospital 16) Recommendation to obtain Board approval to pursue an agreement between Collier County and Naples Lakes Country Club Homeowners Association, Inc., a Florida corporation, to install a fence to separate private property from a 99 acre mitigation area. Located off Collier Blvd. C. PUBLIC UTILITIES 1) Recommendation that the Board of County Commissioners execute inter-local agreements between Collier County and the District School Board of Collier County, Everglades City, the City of Marco Island, and the City of Naples for debris removal operations in the aftermath of a severe weather event or natural disaster. From June 1, 2008 through May 31, 2009 and automatically renew each year 2) Recommendation to approve an Indemnification, Hold Harmless and Test Monitoring Well License Agreement on an off-island vacant parcel owned by the City of Marco Island, at no cost to the County, to be used to provide data for future wellfield alignment hydrogeological testing, for the Southeast Regional Water Treatment Plant Wellfield December 2-3, 2008 Page 16 Project #70900. To provide hydrogeological data required for the study 3) Recommendation that the Board approve, and authorize the Chairman to execute, an Agreement with American Electronics Recycling to provide electronic collection at the Collier County Landfills. Quoted $O.OO/per pound for all electronics, including hauling, fuel and labor 4) Recommendation to increase Work Order PG-FT-3972-07-02 to de la Parte & Gilbert, P.A in the Amount 01'$61,000 for Legal Services under Contract 05-3792 Fixed Term Professional Legal Services, Orange Tree, Project 75010. Orange Tree Utility Company has the authority to continue their operation of their water and sewer utilities until at least 2012 D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Gutierrez and Magnolia Pimentel (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 169, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 2) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Tomas E. Payero Madera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 168, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 3) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Joseph Wilson Dorcelus (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 173, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 December 2-3, 2008 Page 17 4) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Osiel Quintana and Magdalys Camejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Block 9, Naples Manor Addition, East Naples. Impact fee deferral in the amount of $26,204.83 5) Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Damian Luizaga and Maria Luizaga (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 57, Trail Ridge, East Naples. Impact fee deferral in the amount of $19,372.46 6) Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 7) Recommendation that the Board of County Commissioners approve budget amendments totaling $566,377 to ensure continuous funding of the Older Americans Act grant in the Services for Seniors Program for FY 09. Awarded for Title III-B Lead Agency Operations, Title C-l Congregate Meals, Title C-2 Home Delivered Meals, and Title III- E Caregiver Support Program from January 1, 2009 through December 31, 2009 8) Recommendation for the Board of County Commissioners to approve and authorize staff submittal of a Project A WARE Grant Application for artificial reef cleanups and producing an artificial reef educational video for the Coastal Zone Management Department in collaboration with University Extension, Sea Grant Agent, that, if awarded, will provide grant funds in the amount of $1 0,000. To promote awareness and stewardship of its artificial reef environments 9) Recommendation that the Board of County Commissioners approve the submittal of the Aquatic Pond Renovation and Education December 2-3, 2008 Page 18 Development Project to the Big Cypress Basin South Florida Water Management District for a grant to continue and expand water conservation education through the Florida Yards & Neighborhoods Program in the amount of $56,000.00. The grant will also be used to renovate the existing retention pond E. ADMINISTRATIVE SERVICES 1) Recommendation for the Board of County Commissioners to adopt a Resolution acknowledging that the County's Tax Collector, Clerk of Courts, Sheriff's Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which limited County business is conducted. Resolution 2008-347 2) Recommendation that the Board of County Commissioners approves amendment A-I to Contract #OS-5017 "Annual Contract for Countywide Exotic Vegetation Removal" with Resource Restoration, Inc., Earth Balance Corporation, Environmental Aquatic Control, Inc., and DeAngelo Brothers, Inc. d/b/a Aquagenix to correct Compensation Terms and Conditions language in the contracts to match language in the Executive Summary that awarded the contracts. F. COUNTY MANAGER 1) Recommendation that the Board of County Commissioners approve an amendment to the Emergency Medical Services Advisory Council Bylaws that changes the frequency of Emergency Medical Services Advisory Council meetings from monthly to quarterly. 2) Recommendation to approve a State Emergency Response Team Subgrant Agreement for the Department of Homeland Security (DHS) and the State of Florida Division of Emergency Management to establish a Community Emergency Response Team (CERT) Program for the Town of Ave Maria in the amount 01'$9,000.00. Due to the locale of Ave Maria, CERT members contribute in the day to day operations such as searching for a lost child, providing training within the community, hurricane preparedness, fire safety and extinguishment, medical triage, etc. December 2-3, 2008 Page 19 3) Recommendation that the Board of County Commissioners approve a series of budget amendments to restructure the Court IT Fee Fund (178) moving budget from General Fund (001) and Court Administration Fund (681) into the Court IT Fee Fund (178). 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. Resolution 2008-348 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) That the Collier County Community Redevelopment Agency recommends that the Board of County Commissioners includes amendments to the LDC amendment cycle for the 2009 calendar year as submitted by the Bayshore Gateway Triangle CRA and consider any amendment to the Bayshore Gateway Triangle Mixed Use Overlay in the proposed 2009 LDC amendment cycle. To update the 10-year old CRA Redevelopment Plan 2) Recommendation that at the request of the Collier County CRA Board, the Board of County Commissioners include amendments to the LDC amendment cycle for the 2009 calendar year as submitted by the Bayshore Gateway Triangle CRA and consider any amendment to the Bayshore Gateway Triangle Mixed Use Overlay in the proposed 2009 LDC amendment cycle, and that the CRA meet the LDC cycle schedule requirements. 3) Request that the Collier County Redevelopment Agency amend the Commercial Faade Grant Program to incorporate an Application, Recipient Agreement, Lessee Agreement, Applicant Commitment of Resources, Project Summary and Evaluation Form, and Payment Request Form into the program documents packet for the Immokalee Community Redevelopment area. CRA Resolution 2008-349 H. BOARD OF COUNTY COMMISSIONERS December 2-3, 2008 Page 20 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Kiwanis Governor's Dinner on November 6th, 200S at the Collier Athletic Club in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 710 Goodlette Rd N, Naples, FL 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Rotary Club Luncheon on November 6th, 200S at the Marco Island Yacht Club on Marco Island, FL. $20.00 to be paid from Commissioner Fiala's travel budget. Located at 1400 N Collier Blvd., Marco Island, FL 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend A Salute to Ben Bova on January 25th, 2009 at the Naples Philharmonic in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 5833 Pelican Bay Blvd., Naples, FL 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Foundation for the Arts Quarterly Luncheon on November 7th, 200S at the Marco Island Yacht Club on Marco Island, FL. $25.00 to be paid from Commissioner Fiala's travel budget. Located at1400 N. Collier Blvd., Marco Island, FL 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a cocktail party and silent auction on behalf of Gulfshore Playhouse on November 9th, 200S at Angelina's Ristorante in Bonita Springs, FL. $50.00 to be paid from Commissioner Fiala's travel budget. Located at 24041 S. Tamiami Trail, Bonita Springs, FL 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Equestrian Challenge Bootstrap Boogie Barn December 2-3, 2008 Page 21 Dance on November 15th, 200S at the Naples Equestrian Challenge in Naples, FL. $150.00 to be paid from Commissioner Fiala's travel budget. Located at 206 Ridge Dr., Naples, FL 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier Citizen of the Year Banquet on November 21 st, 200S at the Naples Elks Lodge in Naples, FL. $35.00 to be paid from Commissioner Fiala's travel budget. Located at 3950 Radio Rd., Naples, FL 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the Holiday Fashion Extravaganza for Youth Haven on December 12th, 200S at the Naples Sailing and Yacht Club in Naples, FL. $100.00 to be paid from Commissioner Fiala's travel budget. Located at 896 River Point Dr., Naples, FL 9) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Lakes Country Club Golf Course Grand Opening Dinner on November 1st, 200S at the Naples Lakes Country Club in Naples, FL. $55.00 to be paid from Commissioner Fiala's travel budget. Located at 4784 Inverness Club Dr., Naples, FL 10) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Windstar Club Cocktail Reception Benefiting the Boys and Girls Club on November 22nd, 200S at Windstar on Naples Bay in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel budget. Located at 4650 Yacht Harbor Drive, Naples, FL 11) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will be attending the Marco Chamber of Commerce Christmas Gala on December 7, 200S at the Island Country Club on Marco Island, FL. December 2-3, 2008 Page 22 $75.00 to be paid from Commissioner Fiala's travel budget. Located at 500 Nassau Rd, Marco Island, FL 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 November OS, 200S through November 14, 200S and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of November 15, 200S through November 21, 200S and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount 01'$57,000.00 for Parcel I 45RDUE in the lawsuit styled Collier County v. John Goddard, et a\., Case No. 07 -3111-CA (Oil Well Road Project 60044). (Fiscal Impact $41,470.00) For a .454 acre parcel to be used for road right-of-way, drainage and utilities easements 2) Recommendation to approve a Stipulated Final Judgment in the amount of $51 ,900.00 for Parcels lS5RDUE and IS5TDRE in the lawsuit styled Collier County v. Rupert Terry Dupree, a/kla R. Terry Dupree, et a\., Case No. 07-332S-CA (Oil Well Road Project 60044). (Fiscal Impact $9,970.00) For a .124 acre parcel to be used for a perpetual non-exclusive road right-of-way, drainage, and utility easements, and as a temporary driveway restoration easement 3) Recommendation to approve settlement in the lawsuit entitled Collier County v. Naples Sunrise, Inc., Case No. OS-2S03-SC, filed in County Court Small Claims in and for Collier County, Florida, to Recover Damages in the Amount 01'$1,102.03. December 2-3, 2008 Page 23 Moved to Item #12C 4) Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Paul R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to Recover Damages in the Amount of $54,316.72. 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. Recommendation to the Board of County Commissioners to adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to the Collier County Code of Laws and Ordinances pursuant to Board Direction. Ordinance 2008-64 Moved to Item #8A B. Recommendation that Board of County Commissioners repeals and replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping in the unincorporated areas of Collier County. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. December 2-3, 2008 Page 24 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 2. 2008 Add on Item 3A: Floyd Crews -10 years on the Immokalee Enterprise Zone Development Agency. (Staff's request.) Item 7B continued indefinitelv: SV-2008-AR-13395 Immokalee-Wood, LLC, represented by Michael R. Fernandez of Planning Development, Inc., is requesting a variance from the Land Development Code (LDC) Section 5.06.04 C.1. to reduce the minimum separation of 1,000 lineal feet between signs to allow a sign separation of 276 feet. The subject property is located at 2600 Immokalee Road, Section 25, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner's request.) Item 7C: Page 13 of 192, 6th paragraph, last sentence should read: "The County Attorney advised that the CCPC could turn down the boat dock extension even though (rather than through) the criteria were satisfied. (Commissioner Fiala's request.) Move 16A8 to 101: To request that the Board of County Commissioners (BCC) approve a single Land Development Code (LDC) amendment cycle for the 2009 calendar year to consider a limited scope of amendments to the LDC as follows: to remove the administrative provisions from the LDC and establish a separate Administrative Code; to consider the Evaluation and Appraisal Report (EAR) based Environmental amendments that were continued by the BCC from the 2008 Cycle 1; to consider amendments to the School Board review process as required by adoption of the 2008 GMP amendments; to consider an amendment to the Nonconformities section of the LDC continued from the 2008 cycle 1; to consider the proposed architectural design deviation process for Immokalee as acknowledged by the BCC; to consider the amendments to the Wellfield protection regulations as directed by the BCC; to consider amendments to specify how to calculate shorelines subject to conservation easements or the like when calculating the number of boat slips per the Manatee Protection Plan, as directed by the BCC; and to consider any amendments to the Stewardship Receiving Area (SRA) if there are any at that time. (Commissioner Halas' request.) Move 16A10 to 10H: Recommendation to obtain direction from the Board of County Commissioners to amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and other similar overgrowth in excess of 18 inches in height to include a requirement that presently exempt Estates zoned lots be required to have a 30-foot area around any permitted structure on the lot mowed to a length of less than 6 inches in height. (Commissioner Coletta's request.) Move Item 16B2 to 10J: Request that the Board direct staff to bring back an amendment to Ordinance No. 2003-37, as amended, clarifying the purpose section of that ordinance to state that the Collier County Land Development Code, as amended, does not apply to County Transportation projects, to separate the Construction Standards Handbook into two separate handbooks consisting of the 2008 version of the Construction Standards Handbook for Work within the Public Right-of-Way, Collier County, Florida and a new 2008 Collier County Landscape and Irrigation Specifications for Beautification Improvements within the Public Right-of-Way Handbook, and to authorize future revision to each Handbook to be made separately and by resolution approved by the Board of County Commissioners. (Commissioner Fiala's request.) 12/2/2008 8:37:39 AM Move 17B to 8A: Recommendation that the Board of County Commissioners repeals and replaces Ordinance No. 74-7, through adoption of an ordinance prohibiting unauthorized camping in the unincorporated areas of Collier County. (Commissioner Coletta's request.) Time Certain Items: Item 9C to be heard at 11 :30 a.m. To reconsider the Board of County Commissioners direction for the EAC and the CCPC to hold a joint workshop to hear the RLSA Phase II report. Item 1 OD to be heard at 11 :00 a.m. Recommendation that the Board of County Commissioners determine the Fiscal Year 2009 capital projects to be programmed based on the $1,803,392 turnback revenue allocated to the Landscape Beautification Master Plan and the three projects scheduled for landscaping. Item 10F to be heard at 2:30 p.m. Recommendation that the Board of County Commissioners provide direction to staff for the disposal of Delasol Neighborhood Park. Item 12A to be heard at 12:00 Noon: Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, DECEMBER 2, 2008, at a time certain of 12 noon in the Commission conference room, 3'd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Item 12B to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 12/2/2008 8:37:39 AM 4A PROCLAMA TION WHEREAS, a dramatic decline in Collier Countys legacy industries of real estate, construction and services, coupled with declining real estate values, has impacted nearly every citizens quality of life; and, WHEREAS, Collier County recognizes that a diversified economy comprised of new, innovative industries is key to a prosperous future; and, WHEREAS, as a community, we must embrace innovation and drive change if we are to remain relevant and competitive; and, WHEREAS, we must look beyond our own individual priorities to the collective good of current and future citizens of Collier County; and, WHEREAS, this is an opportunity to change the culture of the community and to build an innovative economy that will endure, evolve, and remain sustainable for generations to come; and, WHEREAS, we must engage citizMS community-wide in a collaborative, creative process that will provide a concrete action pIon: ond, WHEREAS, it is urgent that innovation be explored ond applied at a much higher elevation; anti. WHEREAS, Project Innot'tltion will not only create a new awareness, but also will allow us to toke charge of the future of our community. NOW THEREFORE, b. it proclaimed by the Board of County CommissiDMrs of Collier County, Florida, that we endorse and support the activitiu of the Economic o.lIIJlDpment Council of Collier County's Project Innovation DONE AND ORDERED THIS 2nd Day of December, 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~ TOM HENNING, C. ATTEST: ~~~~ , , DWIGHT E. BROCK, CLERK Ip8 -68- Wnt'd Tn blj war+- VqJ~ Forest Glen Golf &. Country Club Our Appeal to The Collier County Commissioners As a result of the Collier Boulevard widening project, Southbound vehicles coming to our community will be denied direct left turn access into our community's Main Entrance. We are asking you to investigate and consider all possible altematives to this closure prior to allowing that to take place. Forest Glen Golf &. Country Club Community Concerns It is very disconcerting to our residents that a better accommodation for this community of 799 housing units could not have been found in the years that this project has been in the planning stages. It is also disconcerting that we have continued to receive conflicting infonnation. Up until a month ago we were still being told by sources directly involved in this project that we would not be losing our left turn access into our community's front gate. We are now in the position of trying to appeal a decision that will have a huge impact on our community without the necessary data and background infonnation that this decision was based on. 200 to 400 vehicles enter our community through our front gate on a daily basis, so we are very concerned with the safety impact of so many vehicles being forced to make dangerous U-Turns across three lanes of oncoming traffic. Forest Glen Golf&. Country Club Community Concerns . At a recent meeting with Mr. Feder, Mr. Ahmad, and Mr. Casalanquida from the Transportation Deparbnent, they were very cordial, and clearly explained their reasoning why the project has been designed as it has. . The reasons given all sound plausible, but the end result that Forest Glen residents, guests, and vendors will lose our ability to easily and safely access our main entrance is not acceptable. . After listening to our concerns, we were assured that other reasonable alternatives could still be considered. . We believe there are other options available that do not require the elimination of all left turn access into our community, and we appeal to you to hearing and give consideration to our alternatives. 68 ~ I 68 Forest Glen Golf. Country Club Primary Community Concern #1 . We have serious concerns with the long term safety factor of being required to make U-turns across three lanes of oncoming traffic. especially as our community gets older and probably more cautious. . As our community ages we can envision someone trying to make that U-Turn, but wanting to wait until there is no oncoming traffic ifliifJI1t. At certain times of the day, by the time that might happen, traffic waiting in line behind that person could be backed up to Davis Blvd. . The other extreme is drivers finally growing so frustrated and impatient when there is no break in traffic, that they finally pull out in front of oncoming traffic, causing terrible aa:idents. Forest Glen Golf. Country Club Primary Community Concern #2 . We believe large vendor trucks, semi's, and buses will have great difficulty accessing our community. Even though Mr. Feder tried to assure us that semi's and large box trucks are able to make U-Tums in the space allotted, we have our doubts. . Vehicles unable to make a U-Turn, or are afraid to even try, will be required to make a 16 mile IDoD in order to enter our community from the south. They will be required to take Davis Blvd. west to County Barn Road, then go south to Rattlesnake Hammock, then go back east to Collier Blvd., then come back north to Forest Glen. This is unfair and unf'llo::lcnnable to exoect of them I . If they don't know this in advance, they have an even greater problem, because there are no easy or convenient "just turn around and come back" options to our south. Forest Glen Golf & Country Club Primary Community Concern #3 . Emergency Vehicles may lose direct access to south bound Collier Blvd for emergency transport of patients to Physicians Regional Hospital if lt1e high median divider curb is installed as currently designed. . Emergency vehicles can access the community through our Beck Blvd rear gate, but because the CR 951 design plan calls for a high divider curb to be built in the median in front of our main entrance, that curb will require that an ambulance transporting a patient to the hospital also exit out the back gate, and travel an extra 3 to 5 miles to get that patient to Physician's Regional Hospital, which is only 5 miles down the road from our front entrance. . Mr. Feder, after being made aware of this concem, stated that emergency vehicles can go over these high curbs, but indicated that he would try to get a lower curb installed in the median where it crosses our front entrance. Forest Glen Golf & Country Club Based upon our concerns, and the following rational, we have three recommendations that we are offering for consideration. 68 6B~1 Forest Glen Golf a. Country Club Background for Recommendation #1 We were told that Business Circle South was designed to be a 'radial" connector road, connecting Collier to Davis. based on the assumption that there will be a future need to divert a large amount of traffic away from the Davis/Collier intersection. Whv? The aJrrent amount of left turn storage at the DaviS/Collier intersection has been very adequate, even during rush hour, as much of northbound Collier traffic is trying to connect to 1-75, and that will most likely continue to be the case. We wonder whether the need for traffic to be diverted away from the DaviS/Collier intersection is in large part due to the planned reconstruction of Davis Blvd. If this is true, this will be only a temporary need. To permanently shut down left turn aa:ess into our main gate to accommodate a temporary traffic issue is a very high price to ask our community to pay. Forest Glen Golf a. Country Club Business Orcle South does not appear to have been designed as an effldent thoroughfare to alleviate and divert trafflc from the DaviS/Collier intersection. 1. It is only one lane in each direction 2. Through traffic must compete with commercial trafflc 3. After winding around the complex it requires a left: turn across onroming traffic in order to proceed to Davis Blvd But based on the assumption that a large amount of traffic will want or need to be diverted away from the Davis Blvd/Collier Blvd intersection. 550 feet of two lane left turn storage has been put into the design plan to accommodate that traffic. These two lanes of left turn storage, which can accommodate 45 to 50 vehicles, is the cause for the left turn access into Forest Glen being eliminated, because... This design plan leaves no room to accommodate a left turn storage lane for traffic wanting to enter Forest Glen 168 Forest Glen Golf &. Country Club Recommendation #1 Change this plan so as to allow for 300 foot of left hand turn storage for entry into Forest Glen. Do so by either totally eliminating the inside left turn storage lane for Business Circle South, or by reducing that inside left turn storage lane to 250 feet Forest Glen Golf &. Country Club Background for Recommendation #2 . There appears to be no rational reason for Forest Glen to lose access to its main entrance 24 hours a day because traffic flow will be heavy between 3:00 PM and 6:00 PM every day. . There is an option that can still allow incoming traffic to access our main entrance during the other 21 hours of time each day. Forest Glen Golf&. Country Club Recommendation #2 Leave our existing "cut" in place, but restrict the timing of allowable use through the use of signage. Example - No Left Turn 3 to 6 PM Forest Glen Golf&. Country Club Recommendation #3 Keep this issue open while viable alternatives to the current plan are being considered. 68 Forest Glen Golf 81. Country Club A Short Term Community Concern . If this project goes forward as planned, How far beyond our front gate will we have to drive before we can make a U-Turn during the construction period? . Currently, it looks like we might have to proceed nearly one mile or more before being able to make that U-Turn, but that is only if the current cuts are not eliminated. . Mr. Feder told us during our meeting with him that he would ask the contractor to complete our new U- Tum access lane prior to shutting down our current entry cut. . This accommodation is extremely critical for our community because of the amount of traffic we have during the winter season, and it will be greatly appreciated. Forest Glen Golf 81. Country Club Conclusion . Losing permanent, direct access, into our community's main entrance 24 hour a day for vehicles coming from the north will have many negative repercussions for our community. Our community is having a very hard time understanding why we are being told there is no other altemative. . We hope, and would like to think, that the commission feels that Forest Glen is an important part of the fabric of Collier County, and therefore worthy and deserving of some additional consideration. We respectfully ask you to weigh the permanent, negative effects that our community will suffer from the implementation of the current design plan, and try to find and give consideration to an accommodation that will work as well for us as it will for the other parties involved. 68 CDPR1103 - Official Receipt Official Receipt - Collier County Board of County Commissioners .' 6 C - (l)()l~ C r-cpor-tar . . .. r~~to~~~~r .....=j ~:~~~umbElr.~~~~+~~~b03:;;~M .. H~l/~J:.- Address: 1343 LINCOLN CT Owner: BARRERA. JUAN M COA #: 08-0219 Permit Type: BR2 Job Desc: S/F ICF 2 STY 400 AMP WI SHUTTERS & IMPACT Applicant: JUAN BARRERA DBA: Swr Meter: IMM Wtr Meter: IMM Payor: JUAN BARRERA Fee Information __H_ r-..... ..-... .... ,--~-~--~- ... Fee Code Descriotion GL Account 08TROP ! TRANSPORTATION R.OW. PERMJI~ 1 01.1~.364Q~~~QQQ~tQQ9 __n 08BCAI . BLDG. CODE CERT. SURCHARGE 113<L()()000208820oo0QO_ . 08BPIM BLDG PERMITS -IMMOKAlEE .... 11313890032212000000 .__._.. .__._,_n.._n_" Q~~P.~E. COMM PK IMPACT FEE SlF 34611~36336351()~.1~lL 08EMSF ~? IMPACT FEE S/F___2.5.Q~4Q4I()~3.!)1()3.13.~ ~-_.- 08GBSF GOVT BlDG IMPACT FEE S/F ,39012223136351031390 - .- .---------.-.-.-.-- --- 081MFF IMMOKAlEE FIRE IMPACT 1.13..().llQQQQ?~!)Cl().()OO<l. .._. -------------~.._,.. - ..-.--.---.---.-...-. 08JLSF JAIL IMPACT FEE SlF 38111043036351031381 l08lBSF ---._.'.-..--~.' -- - -.---....-,-- "~.__.- LIBRARY IMPACT FEE S/F 35515619036351031355 . 08LWSF LAW ENF IMPACT FEE S/f. '._ .... )8511043336351031385 08MFSG MICROFILM SURCHARGE 11313890034144200000 08RDGS BLDG. PERMIT SURCHARGE ... 1J:iOOQ9Q()2088oooooo0 . O~RPSF REG PK IMPACT FEE S/F -- --------- 346116363~351031346 .08SCHI SCHOOL BOARD IMPACT FEE 11300000020905000000 --" 08SFR5 DI5T 5 ROAD IMPACT FEE-SINGlE ~3.91~365936351031339 11 PUDM PUD MONITORING FEE 13113890432248900000 .----. 12SITE i SITE INSPECTION-ENGINEERING 1311383~!322490oo0oo - --- 08BACR I BLDG. PEBMII1\.'pf>..fEE CREDIT 113138900322510ooClQO.. r .- Amount Waived .t-....-.---.. ... --- i $200.00 ., .12Jl.21 _..__ $2723.36 l__ __$.12~6.~5 Yes $137.15 Yes $967.34 -'Yes.==] __.~~40..Q.Q._ _. . $390.011 Yes $600.16 Yes $375.87 Yes $8.10. n .m $~~~H~ h;: i $12819551 Yes ~ , $100.00! ! ---'---.- 1 . . $150.00: . ~r~-.:'~~~J~L-- Tolal - Continued - Collier County Board of County Commissioners CD-Plus for Windows 951NT Prinled:11/4/2008 2:04:32 PM Page 1 of 1 Subj: New Hope Church - Wall Date: 12/2/088:24:04 A.M. Eastem Standard Time From KWright926 To: Theaisling ~ ~..r _ &, E. ,. 6 E iun'we( jn b..j --rr-e covrt- refXJr~ Dec 2. 2008 To: Board Of Commissioners RE: New Hope Church, Davis Blvd. Wall On behalf of the Enclave At Naples Condo. Assoc.. Inc we would support the decision to permanently waive the requirement of a wall separating New Hope Church and the Enclave At Naples property should the Board Of Commissioners choose to do so. Kevin Wright. PresidentlTreasurer Enclave At Naples Condo. Assoc., Inc. Finally, one site has it all: your friends, your email.yourfavoritesites.TryTheNEWAOL.com. Monday, December 01, 2008 AOL: Theais1ing VA.M f~ ~NcLAV..t /If I ~. 61E '~.; ~ 6/E , IJsJf yc'Lv ~. tiG ~MI J1tt. ~~ 0/lLt?J ~ ~ aft ~l-f) #W( ~;/uf ~ I 6E 6E 6E (~ ..J ,;) '-.) ~ '., .->. .~ \-J ~ c::-- ~" ~ , ''-----1 .::>-----' . ,c '. -"... ~ \ I,~ ". 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"'~t~ (--J -.-> '~ ,~ '-----... ....::> i 6ff ....... ~ ~ ~ h ~ -~ - - .....~ ~ -=' \S~ - ~4 J.- o ".--- Set . .~i ~ ,.Ii", . "', l-.' .''', -. -: ,~ ,~' ,'" 0;,/;- ..... ~. :: ". :., -!" ., ,<". .''".-, . ..; ~ ~ ~ ~ ~S\ 3> ---~---_ \)~ ~ .~ ~ ~"" ) ..:e. , 6E 3 ~ ~ r- ~-~ :> ~ ~, ,--... ~ ~~ ..s~ ~ ~ o ~ ..- '- ~ .............. ( ---- ~ ~. " ,f'r ~'., '"'" ~'';.,::.: '-j., ~ ~ (', ~, /', , I \ '...J \ - l J ('r'\ ..........~...- - I , 7A . " COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) ************.************.************************************.*******************.************ Originating Deptl Div: CDES.lZonin1! Person' John-David Moss, AICP Date~ Petition No. (If none, give brief description): SV-2008~AR-13374. Naples Grande Beach Res0l1 ~fl / I ~ L) j U wg Petitioner: (Name & Address):Hunter Hansen, Naples Grande Beach Resort, 475 Seagate Dr. '1 Naples. FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before Bee BZA Other Requested Hearing date: hearing, December 2. 2008 Based on advertisement appearing 15 davs before Newspaper(s) to be used: (Complete only if important): xxx Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: SV-2008-AR-J 3374. Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven variances, The first six Variances are from the Land Development Code (LDC) Section 5,06,04 C.1., which requires a minimum separation of 1,000 lineal feet between signs, to allow a sign separation of 66;1: feet. 40.i: feet, 156.i: feet, 66:i: feet,7l.i: feet, and 96:1: feet. The seventh Variance is from LDC Section 5.06.04 C, 1., which permits a maximum of two pole signs per street frontage, to permit a maximum of four signs along a street frontage. The subject property is located at 475 Seagate Drive, in Section 9, Township 49, Range 25., Collier County, Florida. compan~~ton(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: Aecount Number: 068779 ~ 4 ~ C>DoClb \6'9 Revi~l(h.~ DiVIsion Administrator or Designee !drAY List Attachments: DISTRIBUTION INSTRUCTIONS A. For heal'jogs before Bee or BZA: Initiating person to complete onc copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining fl copy for file. *********************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: $lYi Date of Public hearing: ~ Date Advertised: $/lJf) 7A ~ ,.; RESOLUTION NO. 08-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13374, GRANTING SEVEN VARIANCES FROM SECTION 5.06.04.C.L OF THE LAND DEVELOPMENT CODE, CONCERNING THE DISTANCE BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475 SEAGATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41. as amended) which establishes regulations for the zoning of particular geographic divisions ofthe County, among which is the granting of variances; and WHEREAS, Petitioner now owns and operates Ihe property formerly known as the Registry Resort Hotel, located at 475 Seagate Drive, Naples. Florida and seeks to alter the signage on the property to conform to the new identity of the Resort; and WHEREAS. Petitioner wishes to have signs with separations of 130.85 x feet, 65.40 x feet. 85.70 x feet, 65 x feet, 65.85:1: feet and 40.17:1: feet located about its property; and WHEREAS, without a variance, Petitioner cannot locate signs within 1.000 lineal feet of one another, as LDC Section 5.06.04.C.I requires a minimum separation of 1,000 lineal feet between signs; and WHEREAS, Petitioner wishes to have a maximum of four signs placed along a street frontage, including one for an on-premises restaurant; and Page I of3 7A WHEREAS, without a variance, Petitioner can have no more than one sign per street frontage pursuant to LDC Section 5.06.04.C.1. WHEREAS. the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORlDA. that the Board hereby approve seven variances fTom LDC Section 5.06.04.C.1., six of which concern distance between signs and one of which concerns the number of signs permissible along road frontage. as requested in Petition SV-2008-AR-13374, filed by Hunter Hansen, on behalf of the Petitioner, Lehill Partners. L.P. d/b/a Naples Grande Beach Resort, subject to the signs being erected in the fashion and at the distances contained in Exhibit "B", the site plan, and further subject to the Conditions of Approval contained in Exhibit "C", concerning the subject property described as 475 Seagate Drive, Naples, Collier County, Florida, as more particularly described in OR Book 1225, Page 714, (Legal Description attached as Exhibit "A") of the Official Public Records of Collier County. Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-I 3374 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this _ day of ,2008. Page 2 of3 ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams yr.,} Assistant County Attorney Exhibit "A": Legal Description Exhibit "B": Site Plan Exhibit "C": Conditions of Approval ~ 7A ~'1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORlDA By: TOM HENNING, CHAlRMAN Page 3 of3 J Exhibit A ....~i "'-'\i-.~'jiIC' Ii.'jlL~"~',..,.'l':,, i. f 7 A ~ ----- -~ HOLE. MONTES AND ASSOC.. INC. February B, 1985 CONSULTING IN(:INCt-tlS -. LANO SunVEV(H1S Oo~crlptio" of ~~rt of Parc~l ~D. of Pelican B~y Unit Ono. Plat Book 12. PaQc. ., thrQ\"i1h 52, Collier County, FloridA. !!Q!n_1U!~ A,JJ that plrt. oC P.rcel "D" of Pelican 0",. Unit One accordin9 to the plat, thereof as reCorded In pLat Dook 12, P"9oS .7 throvqh 52, Collier County Public Records, Collier County. rlorlda and belnq morc particularly described as (~Jlows, Commonclnq at the southwest Corn or of the SOUth~4St 1/. DC Section 9. TownShip <19 South. Ranqo 2S East, Collier Count)', Florida, tho nee .10"9 the south line of said Section 9, South 89.'0'59" ~est 158.25' feet "to the POINT OF U&GINRIHC of the p.rcel hareln described, thence continue 0II10n9 the south line at ca.l.d Section 9. said line also being the sout.h line at Parcel ~OM of said Pelican Bay Unit One. South 89-)0'59" Weat 488.00 teet, thence North 0-29'OlM West 50.00 feet, thence Nortb 46-.")4" West 113.05 teet, thence South 09-30'59. West 212.00 teet, thence North '''''50'41'' West 101.04 feet, thence North 15"09'19" East 110.00 teetl thonce Horth 0"26'26" East 246.15 feet, thence North 15"31'21" Weet 51.44 feet, thence Horth"14"28')9" &aut 856.61 feet to ,t.he ~esterly ri9ht~ot-vay lJne at Crayton Road as shavn on the said plat of Pelican Day Unit Oner thence along said ri9ht-of~way line the tollo~ln9 four (4) described course th 21"4)'05. East ~SS.17 het. (2) southeast:t:rly 425.10 ort91lfhfr"lt of a cdn:ular curve concave to the lJouth....est h. ~g{~ s"'--6!:::"{J: 0 feet. and being 8ubtanded by a chord .....n10 ,y}- ut.h 11"0 '0., '4.23.21 feet.~ ()) Sout:h 0")01)1". East 10.1 (..) southerly A -<'a ~1l:.$.t~r1y 78.56 teClt. ~lon9 the arc of lar eur~e eonca~e to It n rthwe.t~ having G radius at 50.00 fee tended by a cho ~h eh bears Sout:h 44")0114" West 10.13 So",,, wo 9623 teet, thence: South 0")01)1 at IN'1' OF BEGt HING ot the, P~rcel herein de.erl ~or or less. 3:1' ~ Less and except the f land, Containing 14.95 ~cre~ of ~~!~.!2.!!..!_or ..E,ecord. land marl! or less ~ubject to easements lIlnd '.(.'.:',;;, :~:;:;':'';'';'.~~i-,l,.,....:.,.:j....",;;,.,...:~..~:,.;,,~....:.'''- _..,..;.,;."--~-- . ~. J~;; . rL :; 1:x:-3a1 !llll1 ~!~~ I tim;~~ ,I~dl .~~ -~IiD~ ,.. . ! ~ .. II j ! ~ ~ . > " ~ Ii '. ,g:!lg ..~g!l. ~lIt . tIl.,.j::lll- ~~tl" "~. 1It:f~ :fr ~ z. ~i' ~N ,. . , .~ g.~ ~~ . ? <;} . ~ e3 n Ul . n ~ ij ~ F. nn~ji Uu IWiii . j,4.i~ ~m;[ "fit nl~;I. to!ff i~~}Ij .Iif~f l~i ,i, ;,,6'-:1 1rPU II, . '1 o N o g I - ~ - ~ 1-'~"ZHg~@;El . .' . ~ ~ ~~ '0 ~~ ~~ '" '" .. ~ ci "\ " g~ z' og~ '" g~; zOlO oj c ;:lJ~5 0",0 "''''11 s:l;n ~(J)Rl iii~M ofl~ 4N@ (IJ m~~ ~ G;J:::lf"'ll ~ \ -l-c::i rrf o '" 1;; ~7A ~ "'t ~6~ ~~~ ~ "<lilli'll. !i6 e~~ . o ~ ill ~ ~ o Q .00. l vi> ~ll " '" 0 " '" '" :< c z " c: ~ -. ~ 0 CJ ji '" ~5 ~ :I!g C NZ Z .0 0"'- ~ wB p ~'*' ""- ~~~z: 5: ~~.'/ ZUl(') . R>;;l Ul Rl" s: 'i (') o;;JS2;1 ~n 0 00(1) /...rtl roZ Ol..,p~ ~ ~S5 _ NO RoM (l)fI1 V)~ _~,/9;;o Ill;;!' O(")O~,-.......O tJ c: rl'1fT1 '-f'..l'1....-1!:: ~UiqJ~ c,,"Q~~~> OUlO~C CnI"lO~/ ~Vi~t~ "'< . S 00'30'31" E~ 7Vi' Iii" ~~y ~ Exhibit B N}. Conditions of Approval SV-2008-AR-13374 October.20,2008 1. Irrespective of that depicted on the Master Plan entitled "Naples Grande," by Charles Tolton and Associates. Inc, dated October 20, 2008 and included as Exhibit B, the number of signs on the site shall be limited to only three, which are those identified as "A," "B" and "e." 2. The separation Variances granted shall be limited to the following: 65.85 feet between signs A and B; 65.40 feet between signs A and C; and 40.1 7 feet between signs Band C. f 7A . . Exhibit C Page I ofl Teresa L. Polaski 7A From: Sent: To: RamirezHeather [HeatherRamirez@colliergov.net] Wednesday, November 05, 2008 10: 12 AM Minutes and Records Subject: SV-2008-AR-11374 Advertising Attachments: SV-2008-AR-13374 Legal Ad.pdt; SV-2008-AR-13374 Resolution.pdt Here is the first petition for the December 4th advertising. Please make sure to use the Zoning account number: 068779 for invoices. There are 4 more petitions to follow. Heather L. Ramirez PLlIlIllng Technician Zoning & Land Development Review Ph: (239)-252-2930 I. (2 'il) 'v2 ("(." 'ax: ~~):. -,~:) _~ J,) J6 email: IlcathcrRdmircz@colliergov.lIct 11/5/2008 t 7 A NDN #068779 November 5, 2008 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV-2008-AR-13374; Naples Grande Beach Resort Dear Legals: Please advertise the above referenced petition on Sunday, November 16, 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. #4500096189 "'--'-_._-_"'_~,_-----,~~-- NOTICE OF PUBLIC HEARING 7A Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 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. A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR- 13374, GRANTING SEVEN VARIANCES FROM SECTION 5.06.04.C.l. OF THE LAND DEVELOPMENT CODE, CONCERNING THE DISTANCE BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475 SEAGATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: SV-2008-AR-13374, Naples Grande Beach Resort, represented by Hunter Hansen, requesting seven variances. The first six Variances are from the Land Development Code (LDC) Section 5.06.04.C.l., which requires a minimum separation of 1,000 lineal feet between signs, to allow a sign separation of 66 +/- feet, 40 +/- feet, 156 +/- feet, 66 +/- feet, 71 +/- feet and 96 +/- feet. The seventh Variance is from LDC Section 5.06.04.C.l., which permits a maximum of two pole signs per street frontage, to permit a maximum of four signs along a street frontage. The subject property is located at 475 Seagate Drive, Section 9, Township 49, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. f 7 A If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you. to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) -_.~,,-_.-..-..~.__..~_... ~._.... ~~---'._--'----'~'---'-'-'-- Dwight E. Brock Clerk of Courts \~ntiore'611ier CLERK OF THE CIRClJIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMll'~AIL EAST P.O. BOX 413044 NAPLES, FLORIDA 101-3044 l 7A Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2008 Hunter Hansen Naples Grande Beach Resort 475 Seagate Dr. Naples, FL 34103 Re: SV-2008-AR-13374; Naples Grande Beach Resort Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~(cL~~ ~ Teresa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.coIIiercIerk.com Fax (239) 252-2755 Email: coIIiercIerk@coIIiercIerk.com ^ ______"~_.___,__, """_~'">'~""H "_""~~'_"'_'^__...~.__.,,,"_...,,.._.~...,, . __.~.__ . Teresa L. Polaski 7A To: Subject: legals@naplesnews.com SV-2008-AR-13374, Naples Grande Beach Resort Attachments: SV-2008-AR-13374.doc; SV-2008-AR-13374.doc Legals, Please advertise the following on Sunday. November 16, 2008. Thanks ~ ~ 5V-2008-AR-1337 5V-2008-AR-1337 4.doc (28 KB) 4.doc (29 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes ond Records Department 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 Teresa L Polaski , 7 A From: Sent: To: Subject: postmaster@collierclerk.com Thursday, November 06, 2008 10:24 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: A TT90801.txt; SV-2008-AR-13374, Naples Grande Beach Resort s r-";I L::..J A TT9080l.txt 5V-2008-AR-1337 (231 B) 4, Naples Grand... 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 SV-2008-AR-13374, Naples Grande Beach Resort Teresa L. Polaski 7A From: Sent: To: Pagan, Emely [EPagan@Naplesnews.com] Thursday, November 06, 2008 11 :24 AM Teresa L. Polaski Subject: RE: SV-2008-AR-13374, Naples Grande Beach Resort OK From: Teresa L. Polaski [mailto:Teresa,Polaski@colliercierk.com] Posted At: Thursday, November 06, 2008 10:24 AM Posted To: Legals - NDN Conversation: 5V-2008-AR-13374, Naples Grande Beach Resort Subject: 5V-2008-AR-13374, Naples Grande Beach Resort Legals, Please advertise the following on Sunday, November 16. 2008. Thanks <<SV-2008-AR-13374.doc>> <<SV-2008-AR-13374.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Deportment 239-252-8411 239-252-8408 fax (Teresa. Po las ki@collierclerk.com) 11/6/2008 Page I of I Teresa L. Polaski 7A From: Sent: To: Subject: Attachments: !iI UAS728.jpg (90 KB) SV-2008-AR-13374 Thank you for Date Publication Account Number Ad Number Total Ad Cost Pagan, Emely [EPagan@Naplesnews.com] Thursday, November 06, 2008 3:06 PM Teresa L. Polaski Ad Confirmation UAS728.jpg placing your ad. 11/16/08 NDN 744102 1752931 $392.10 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. personaIly appeared Phil Lewis. who on oath says that he serves as the Editor of the Naples Daily. a daily newspaper published at Naples. in Collier County, Florida; distribuJed 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 on November 16, 2008 1 lime in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collier County, 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 I year next preceding the first publication of the attached copy of advertisement; and affiant 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 PMOnintheSaid~ 0~ - ( Signature of affiant) , Sworn to and subscribed before me This 21st day of November, 2008 -/ Q /' ~60 ~~_r~ic) ;.i'J:..\,;;, Commission DD 657030 '1i~~1 Expires July 18, 2011 ",.'/r..r/t' BondedThni Troy Fain Insuraroce600-385-7019 7A '" ~\,,<'i:.. hIft~~; 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 routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's sienature, draw a line throul!h routine: lines #1 throum #4, comolctc the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number o~-3m Number of Original Documents Attached Yes (Initial) N/A (Not A licable) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bce Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si lure and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw re of our deadlines! The document was approved by the BCC on 0 (enter date) and all changes made during the meeting have been incorporat i the attached document. The Conn Attorne's Office has reviewed the chan es, if a lieable. r ~ 1: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 7A MEMORANDUM Date: December 8, 2008 To: John-David Moss, Principal Planner Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-350: SV-2008-AR-13374 Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #7A), which was adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you have any questions, please call me at 252-8411. Thank you. Enclosure 7A RESOLUTION NO. 08 _ 350 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13374, GRANTING THREE VARIANCES FROM SECTION 5.06.04.C.1. OF THE LAND DEVELOPMENT CODE, CONCERNING THE DISTANCE BETWEEN SIGNS AND THE NUMBER OF SIGNS PRESENT ALONG A ROAD FRONTAGE FOR THE NAPLES GRANDE BEACH RESORT, WHICH SIGNS ARE LOCATED AT 475 SEA GATE DRIVE, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner now owns and operates the property formerly known as the Registry Resort Hotel, located at 475 Seagate Drive, Naples, Florida and seeks to alter the signage on the property to conform to the new identity of the Resort; and WHEREAS, Petitioner wishes to have signs with separations of 65 '" feet, 65.85", feet and 40.17 '" feet located about its property; and WHEREAS, without a variance, Petitioner cannot locate signs within 1,000 lineal feet of one another, as LDC Section 5.06.04.C.1 requires a minimum separation of 1,000 lineal feet between signs; and WHEREAS, Petitioner wishes to have a maximum of three signs placed along a street frontage; and Page I of3 ?A WHEREAS, without a variance, Petitioner can have no more than one sign per street frontage pursuant to LDC Section 5.06.04.C.1. WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting these variances; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approve three variances from LDC Section 5.06.04.C.1., all of which concern distance between signs as requested in Petition SV- 2008-AR-13374, filed by Hunter Hansen, on behalf of the Petitioner, Lehill Partners, L.P. d/b/a Naples Grande Beach Resort, subject to the signs being erected in the fashion and at the distances contained in Exhibit "B", the site plan concerning the subject property described as 475 Seagate Drive, Naples, Collier County, Florida, as more particularly described in OR Book 1225, Page 714, (Legal Description attached as Exhibit "A") of the Official Public Records of Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13374 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this It$: ~ day of 7)fC~.-tIA~ , 2008. - Page 2 of3 7A ATTEST: D~!,~'E.'B~OCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA c ,test a~toCl\4I...ty Clerk 1~.tlnOll~I. . .t'~'l: .,",'.r' B TOM HENNING, Cll' an Approved as to form and legal sufficiency: . . -, -I. l ,.i I .' .__ . /,_...i. l---__....... Steven T. Williams Assistant County Attorney ... -1 Attachments: Exhibit A: Legal Description Exhibit B: Site Plan CPI08,CPS,0088I 114 Item# 1 A Agenda \ a.\~lt,~ Date Page3of3 ~~)~\~L .!. LI <:: Deputy Clerk J -ral .....,.......-. . lL\:o.:-il,:",,,",':"- Exhibit A _"1il HOLE. MONTES ANa ASSOC., INC. rebruary 6, 1995 CONSULTING IN(iINL:t:ns - LhNO sunvEvlms Doscription or p.1rt of parcol "0" or Polican Bay Unit Onn, Plat Dooll. 12, Pages 41 through 52. CoJJier County, Florida. llQ!f!:_!!.!!: AJJ that part DC Parcel "0" DC Pelican Day Unit One according to the plat thoreof as recorded in Plat Dook 12. P4ql!S 41 throu9h 52, Collier County Public Records, Collier County, rJorida and belnq more particularly described &5 followSJ Commencing at the southwest corner of the southeast 1/4 DC Section 9, Township 49 South. Range 2S East. Collier Count" Florida, thence along the south line of said Section 9, South 89-)0'59- West 159.25 feet'to the POINT OF BEGINNING of the parcel herein described, thence continue along the south line oC said Section 9, said line also being the south line ot Parcel -0- of said ~elican Bay Unit One, South 89.)0'59h West 489.00 feet, thence North 0.29'01- West 50.00 feetl thence North 46-47')4- West 12).05 feet, thence South 89.)0'S9- West 212.00 teet, thence North 7.-50'41- West 101.04 feet, thence North 15-09'19~ East I70.od feet, thence North 0-26'26- East 246.15 feet, thence North 15-31'21- West 51.44 feet, thence North",4.29')9- East 856.61 teet to the westerly right-ot-way line of crayton Road as shown on the said Plat of Pelican Bay Unit One, thence along said right-of-way line the following four (4) described coues. .~~. 2211--43'05- East 255.71 feet, (2) southeasterly 425.70 . ~~~~~f71~Of a circular cune con~ave to the southwest ha~n9\a, ~ s'-6'!::'l(J l 0 feet, and being. subtended by a chord whic <P1.VI~th 11-0 ~.p: 423.27 feet, (3) South 0-)0'31-. Eact 70.1 ~~:("(..) southerly a .,(sdu....t: wes.t~rly 78.56 feet along the arc of c';~dlar curve concave to ~; n rthwest, having a radius of 50.00 fee and:h~~tended by a cho vh ch beArs South 44-30'14- West 70.1] eet t'tHln~e so\t-t.h-"8~~ 9- We 98 23 feet, thence South 0.)0'31 EA t 7a"':' et the PINT OF BEGI'{tHIHG ot the. ::::":n:"::::p:":::' ed, eong" n:~o ~ ,t"::\,:r1::::. beJng more particul rly 0 cri d tJ f [-...1 Commencing at the s Q 1 orne S n 9, s ~19 South, Ranqe 25 East, Colli; C unty, Florida, as s~n oh th~~ t at said Pelican 8ay Unit One 'I'l1te ce alonq the south ne bt lti.d Section 9 South 89-30'59" West ~ teet to tho sout st lco ~ 6f PArcel -0- of said Pelican Bay Un\'l:PD 1 thence alon9 the .~ (1~Aine ot said Parcel -0- North 0-JO'3 ,~W; 10.00 feet to the R1~I6F BEGINNING of the parcol herein descrl c(~~~ ~e leaving t , ~~~~lY line of said Parcel -0- continue North -ID'l"}..,"--w-..a...t.-J.. ," 1e'\E):.Khonce along a line 17.5 feet north of and parallwi[t- Hh,'~I\~L.'~ne of uid P",rcel -0- North 89-]0'59" East 136.23 teet '~c~-~~~sterlY 43.16 feet along the Arc of a non-tangential circular~~ concave to the northwest, having a redius.of' 50.00 foet, through a centr",l angle of 49-21')0- e",d beinq eubtended by .It. chord vhich bears South 64-47'14- West 41.83 teet to tho south line of .aid Parcel -0-, thence along said south line South 89-30'59- West 98.23 feet to the POINT OF B~GINNING ot the pArcel herein described, containing 2,181 square teet of land more or less. Containinq 14.95 acres of ~.E!.ictions_of ..!..ocord. l",nd more Dr less subject to easements and ~<~.. ",.;-",';;..:_:;,..;;..-'.;,~-,.;".-~ ~-~,~;..;...,", ....'~.....,.... ~ ~ ?A 3 :::> '. u " :;0 '1 . .~ .. 1:x:--3(') I '~I l;) ~i ~I ::0 [- · 1d ilU ~ ..SI :r: a (=j tU~~: (IJ ? . n p.~ J ~ G. u.~1 . G. . '" ~ -~III~ ~ ~~ ~~ 0 N~ i ~~ ! ! m ~ ~ I ~ I~~~~I-c ~ . \l . . ~ ~ ~ :;;9[9 ~~~ ! ~ I I i~il" ",8 [-l "'~. !: rz~ :;!9"tJ iliin 'N~ ~ ~ 'WllI I hi~I;- ~ll;~d . IjJHg fIU~( f<j;ll ih~' i~!iP .eJ d h~},. Jli g", l~;'i. ..'-1 Ci-ij'" ,'4u ! ~ilr l . ~ i <5 N o 8 G .,~,"'.'" I ~~~ ~ai ~ ~!l!N- ~ ~~~ ~ o z . ~ ~ ~ '" m '" '" o '" '" '" ~.. 0'" c!" zo 00. "\ 0;;;", ~-IO ~O:c !;ti~5 0",0 ~"'o O"Z _",0 ",,,,,,, o ~ (i)~M oP~ . 0 ""'''"'Z . 'c ~o<: ,,~~ "'~z ~-u~ '" M " ~ ~ ~ o '" ;il 7A o rP ~~ll ~ '" z ~. ~ c z 0"- o ~"'"" "" o :r~ -IU1~ ~- N;/ R>rr10~ fT\o '0 O;:O~f'Tl/Ulrrl rnZ aa~~ -I~ ~Q (JI"'T'J' 0 R"fTl VJI"l "ol'.lZ oAl UlM' Vl in C'I- 0 0 g()~~,,;q"Tl:-"Vi~ :r-f'TlZ o(JlOz) Ul'U-l ::gUi~~~ C0IT10rr1/ I!Vi~t~ "'< -u '" o -u ~ '" ~ ~ ~ Exhibit B , 7 C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) *****w********************************.***********************w**w*********************************** Originating Dept/Div: CDESJZoninl! Person: AshleyCaserta ~ Date: \ I (slar Petition No. (If none, give brief description): ADAM2008-AR-1373I, Monte Carlo Club Condominium Assoc. Petitioner: (Name & Address): Quip L. Kurth, Turrell And Associates, Inc., 3584 Exchange Ave" Suite a, Naples, FL 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Monte Carlo Club Condominium Association, loc., P.O. Box 7622, Naples FL 34104 Hearing before BCe BZA Other Requested Hearing date: December 2. 2008 Based on advertisement appearing 15 dan before hearing. Newspaper(s) to be used: (Complete only if important): lQQl; Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: ADA-2008~AR-13731, Monte Carlo Club Condominium Association, Inc., represented by Quin L. Kurth of Turrell, Hall and Associates, Inc., requesting an appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in Resolution No. 08-03 denying Petition BD~2006-AR-9061 that requested a I 5.foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 35.foot boat dock facility accommodating 20 additional boat slips tor property described as Lots 1 and 2, Block B of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48 South, Range 25 East, Collier County, Florida (part of the Monte Carlo Club Condominium). 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: Account Number: 068779 I~ We) (.Ocf'Hlg'i Reviewed by: V\ Y'Y1 ".J2.~ I! !t;- J op Divis' n Administrator or Designee Date' I List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is Involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copics: County Manager agenda file: to Requesting Division Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *~~~.~~~*~*~~.~*****~******~********~*~******~*~***********************~**k******************~*k'**** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public hearing: ~E8 Date Advertised: $lce I 7C RESOLUTION 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, DENYING APPEAL NO. ADA-2008-AR-1373I IN REGARD TO A PETITION FOR BOAT DOCK EXTENSION BY MONTE CARLO CLUB CONDOMINIUM ASSOCIATION, INC., LOCATED WITHIN BAKER-CARROLL POINT SUBDIVISION, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS. the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which are provisions for granting extensions for boat docks; and WHEREAS, the Collier County Planning Commission on August 7, 2008 heard and denied Petition BD-2006-AR-9061, filed by Turrell, Hall and Associates, Inc, on behalf of Monte Carlo Club Condominium Association, Inc., which requested a 15-foot boat dock extension from the 20-foot length otherwise allowed by Section 5.03.06.E.l of the Collier County Land Development Code to authorize a boat dock facility that would protrude 35 feet into a waterway and accommodate 20 additional boat slips in an RMF-16 Zoning District for the properly hereinafter described as: Lots 1 and 2, Block B, of the Baker-Carrol Point Unit 2 Subdivision, as described in Plat Book 8, Page 62, of the Public Records of Collier County, Florida (part ofthe Monte Carlo Club Condominium) ; and WHEREAS, Monte Carlo Club Condominium Association, Inc., filed Appeal No. ADA- 2008-AR-13731, appealing the decision of the Collier County Planning Commission in CCPC Resolution No. 08-03 denying petition BD-2006-AR-9061; and Page I of2 7G WHEREAS, all interested parties have been given opportunity to be heard by this Board of Zoning Appeals in a public meeting assembled and the Board having considered all mailers presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: For the reasons set forth in the record, the Board of Zoning Appeals affinns the decision of the Collier County Planning Commission in CCPC Resolution No. 08-03, and Appeal No. ADA-2008-AR-1373l is hereby denied. The Board finds that there was competent and substantial evidence to arrive at the conclusions of the Collier County Planning Commission. The Board of Zoning Appeals hereby further finds that the decision of the Collier County Planning Commission is consistent with the Collier County Land Development Code and the ColJier County Growth Management Plan. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and majority vote, this _ day of ,2008. ATTEST: Dwight E. Brock, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to fonn and legal sufficiency: ""(Jt,, ,'" " Heidi Ashton-Cicko Assistant County Attorney CP\07.(;PS.ooS79112 Page 2 of2 Page 1 of 1 7C Teresa L. Polaski From: RamirezHeather [HeatherRamirez@colliergov.net] Sent: Wednesday, November 05, 2008 1 :05 PM To: Minutes and Records Subject: Advertising Attachments: ADA-2008-AR-13731 Legal Ad.pdt; ADA-2008-AR-13731 Resolution.pdt Last petition for the December 2nd advertising. Please make sure to use the Zoning account number: 068779. Heather L. Ramirez Planning Technician Zoning & Land Development Hevlcw Ph: (239)-252-2930 I'. (')')9) ')"2 ("I( (: dX. "')'. -....,} ~- ),) )) cnui I: II cather RaIl! irez(i/icol U~;rg{)v, I1C't 11/5/2008 7C NDN Account #068779 November 5,2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc. Dear Legals: Please advertise the above referenced notice on Sunday, November 16, 2008 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500094189 NOTICE OF PUBLIC HEARING 7C Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, December 2, 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 proposed title of the resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, DENYING APPEAL NO. ADA-2008-AR-13731 IN REGARD TO A PETITION FOR BOAT DOCK EXTENSION BY MONTE CARLO CLUB CONDOMINIUM ASSOCIATION, INC., LOCATED WITHIN BAKER-CARROLL POINT SUBDIVISION, IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: ADA-2008-AR-13731, Monte Carlo Club Condominium Association, Inc., represented by Quin L. Kurth of Turrell. Hall and Associates, Inc.. requesting an appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in Resolution No. 08-03 denying Petition BD-2006-AR-9061 that requested a 15-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 35-foot boat dock facility accommodating 20 additional boat slips for property described as Lots I and 2, Block B of Baker-Carroll Point Unit 2 Subdivision in Section 29, Township 48 South, Range 25 East. Collier County, Florida (part of the Monte Carlo Club Condominium) . 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 lS 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 7C Dwight E. Brock Clerk of Courts 'eowp!yofCollier CLERK OF THE CIRCUIT COURT COLLIER COUNTYCOURfHOUSE 3301 TAMIAMI l'~AIL EAST PO. BOX 413044 NAPLES, FLORIDA'341 0 1-3044 , 7C " tV"' Clerk of Courts Accountant Auditor Custodian of County Funds November 6, 2008 Quin L. Kurth Turrell and Associates, Inc. 3584 Exchange Ave., Ste B Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition: ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK (\ tJ" .~" :VO~~. ~i, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@)collierclerk.com Dwight E. Brock Clerk of Courts ';e~o~ntY:ore'bllier 1.1.- "~..... . CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMnRAIL EAST PO. BOX 413044 NAPLES. FLORIDA']41 0 1-3044 170 ,.,/ "{'~~ Clerk of Courts Accountant Auditor Custodian of County Funds November 6,2008 Monte Carlo Club Condominium Association, Inc. P.O. Box 7622 Naples, FL 34104 Re: Notice of Public Hearing to Consider Petition: ADA-2008-AR-13731; Monte Carlo Club Condominium Assoc. Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 2, 2008 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, November 16, 2008. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~Ik Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.coIIierclerk.com Fax (239) 252-2755 Email: coIIierclerk@coIIierclerk.com ~.~ 7 C Teresa L. Polaski To: Subject: legals@naplesnews.com ADA-2008-AR-13731 Attachments: ADA-2008-AR-13731.doc; ADA-2008-AR-13731.doc Legals, Please advertise the following on Sunday, November 16, 2008. Thanks ~ ~ ADA-2008-AR-13 ADA-2008-AR-13 731.doc (28 KB) 731.doc (28 KB) Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (Teresa. Po 105 k i@collierclerk.com) 1 7C Teresa L. Polaski From: Sent: To: Subject: poslmaster@collierclerk.com Thursday, November 06, 2008 10:36 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT90976.txt; ADA-2008-AR-13731 1'S:1 UU u ATT90976.txt ADA-2008-AR-13 (231 8) 731 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 ADA-2008-AR-13731 Page I of I 70 Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Thursday, November 06, 2008 11 :28 AM To: Teresa L. Polaski Subject: RE: ADA-2008-AR-13731 OK From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com] Posted At: Thursday, November 06, 2008 10:36 AM Posted To: Legals - NON Conversation: AOA-2008-AR-13731 Subject: AOA-2008-AR-13731 Legals, Please advertise the following on Sunday. November 16. 2008. Thanks <<ADA-2008-AR-13731.doc>> <<ADA-2008-AR-13731.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 11/6/2008 Teresa L. Polaski t 7C From: Sent: To: Subject: Attachments: ;;;..'\ ~ UAS75B.jpg (92 KB) Pagan, Emely [EPagan@Naplesnews.com] Thursday, November 06, 2008 3:09 PM T erssa L. Polaski Ad Confirmation UAS758.jpg DA~2008~AR~13731 Thank you Date Publication Account Number Ad Number Total Ad Cost for placing your ad. 11/06/08 NDN 744102 1752934 $387.80 1 Naples Daily News Naples. FL 34102 Affidavit of Publication Naples Daily News ---~~----------------------~----------------------+-~ BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068779 59540798 4500094189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb. who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples. in Collier County, Florida: that .the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, 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 of the attached copy of advertisement; and affiant further says that she 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. PUBLISHED ON: 11/16 11/16 AD SPACE: FILED ON: 160.000 INCH 11/17/08 t7c ,jJfPj'"~/-;<__jL:-_;.: : :Jl - ,:! ' \ N&i'.....u: ::~:::~~:-::-~::::::-----)~-~(---------------+------------------------ Sworn to and Subscribed before me this'\X',\-\\. day of 'f)\3'-".'d",^_ 20C,,? Personally known by me ,,) " \\:."'1,0 !, l"\,~'" n~ ," -.. .,' \\ )0~1Lx. ",,". ~^ MC -'<:cA" ',\,', v, 'Mec. DONALD ~~: ' i:) Commission DD 650475 ---;:1......;i.~' Expires June 29,2011 ",9f"f,'," Bond&dTh",TmyFH,nlnsIJranceooo_385.701f1 r- AGENDA ITEM TITLE: \}J\Ci,^~ Co.'" ~ \)ocJ.. C)l f AGENDA ITEM NUMBER: 7e PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: .\ r ..,L. I.A 8"'(f"cI' ADDRESS: 41"l P""Iw-. ~, J'Jc-"'Y' l-e <:; "3..((102; REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. r I AGENDA ITEM TITLE: ~...(' Z~1v tl/f?c,2/<;, /' PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: 7C!- PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. L euJ )~~ hm' ell ADDRESS: 105 f?, 'l.e. II Ve.. d,IYe~ , s'-j I of)'" NAME: REPRESENTING: PETITIONER: /f~ [NJI?...,..... OTHER: COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: ~, c!., !Z c>g-D'3 AGENDA ITEM NUMBER: ) C PLEASE PRINT CLEARLY o THE SUBJECT BEING HEARD. PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR T , . __ P -0 :tf 9 tP-{ , . 3 r;:; t r S /-1 d ~ Ir. 1"- , vJ L L . ^ ffI 13. /'3 L I /I.J. t:: ADDRESS: / 16 0 J NAME: I 1,'7 ' 13 'f{ A OTHER: REPRESENTING: PETITIONER: V.), . G IN ANY LOBBYING ACTIVITIES HAT ALL LOBBYISTS SHALL, BEFORE ENGAGIN C K TO THE BOARD AT COLLIER COUNTY ORDINANC\~O~g~::S~~N~~~S ~OARD OF COUNTY COMMISSIONEBRS, ~1~~S;~~t~-:S~~AM::~ TRAIL, NAPLES, FL. (INCLUDING, BUT NOT LIMITED , 4TH FLOOR W. HARMON TURNER UIL , THE BOARD MINUTES AND RECORDS DEPARTMENT" RE To ADDRESS ONLY THE CHAIR. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND A AGENDA ITEM TITLE: AGENDA ITEM NUMBER: 7C PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: () /'n ~ i\O( 1 )175 ADDRESS: REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: f'r) ON,e CARLo Ap;J&HL AGENDA ITEM NUMBER: 7c PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR, TO THE SUBJECT BEING HEAl NAME: ~TflLFmJ Ko66/1J'3 ADDRESS: /0 ~2S C'ULF' ,S/~f(t nf- :.if23( 3110t 1 / REPRESENTING: PETITIONER:#:: ~:~d~ _ OTHER: VJ.-j,~~"-.I?..Q<1.~j}.t{A COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. B Z 11. M n I.JI E ('jllU..rJ 'j)n "- K. <. AGENDA ITEM TITLE:' IT ~- AGENDA ITEM NUMBER: 7C- NAME: t3AocO;: . PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. ADDRESS: .2><3 CJ4J<: /Ii.IG'. OTHER: -JJ f1 j( A- /3iJR t< f-{ If ki? REPRESENTING: PETITIONER: BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES ~~~~~~;G~~~YN~~~::TNE~ ~~~g~::S~~~~~ES ~~:~i~: L~~~:~~E~~~~~~~RU~~~I~~~;~~t~-:S~~~~::~;~~~~~~~::S~ ;~. THE BOARD MINUTES AND RECORDS DEPARTMENT, FL , You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. , AGENDA ITEM TITLEfi 1(,71! &lZLtP boAr ':0<, tl<.Afe-/f}:!.i./<!>,J I ' AGENDA ITEM NUMBER: 7CJ PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: -:'fi,,~r~) e ,/(6/J?/'9/f/' ADDRESS: /#6g1 t:'.J.j'",:,"*.aJ~ 13-.3&.1 REPRESENTING: PETITIONER: /Fh.t/rl" ~/?.ttJ (! ~ 1/ A OTHER: COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: ;t1o A. I1J73T Ofi-AA1:') 120A-'r 1)&( E:J< J: AGENDA ITEM NUMBER: 7(:'/ PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: '- b:5.e,D(f- ,-X,O ADDRESS: /{'")~J-'i( ~hJ:S 'H:.I/~1; 7)<.... REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07..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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. EXHffilT "F" Text underiined is now text ~~:Led 7 C - T8~ strJik......nil..gt:t .. gYFFIIAt tam tClIl2a 0181'1'" -1...U'~ _..A - Bold text Indicates 0 defined term. I V I'~ I r) LDC Amendment Request lo..:J [Da1- ~(-k'7" ORIGIN: Community Development and Environmental Services AUTHOR: Joyce Ernst, Senior Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE: Cycle I, 2006 LDC PAGE: 5:12 LDC SECTION(S): LDC section 5.03.06.G CHANGE: To add language omitted during the re-codification process. REASON: The language provides a necessary tool in evaluating criteria submitted for a boat dock extension, which will assist staff and the Planning Commissioners in detennining approval ((ir denial)ofboat dock petitions. FISCAL & OPERATIONAL IMPACTS: Reinserting this language back into the code will assist the Planning Commissioners, staff and the general public with the Section of the code that addresses how the prima;:Y and s<<.condary criteria, as stated in the LDC, is evaluated when either recommending approva(~ denial)>f a boat dock extension.. RELATED CODES OR REGULATIONS: Section 5.03.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: February 17,2006 Amend the LDC as foHows: Section 5.03.06 Dock Facilities . . . . . . . . . . . . . G. Dock facility extension. Addition protrusion of a dock facility into any waterway beyond the limits established in subsection 5.03.06(E) of this Gode may be considered appropriate under certain circumstances. In order for the Plannina Commission to aoorove the boat dock extension request. it must be determined that at least four of the five orimarv criteria. and at least four of the six secondarv criteria. have been met. These criteria are as follows: 223 1:ILOC_Amendmonts\LDC Cycle 1 .. 2006\Now Amendments\5.03.06 G dock extension 031706 JE.doc 7C EXISTING SLIP COUNT SLIPS LENGTH 14 35' PROPOSEO ADDITIONAL SLIPS LENGTH 20 35' 34 TOTAL SLIPS )~Turrel1 & Associates, Inc. Marine & Environmental Consulting . 3584ExchaogeAve.SuiteB. Naple~FLl4104-3732 EmaiI: l1mI@1IIlre1l_.OIIII Phone: (239) 643-0166 Fax: (239) 643-6632 MONTE CARLO CLUB PROPOSED DESIGN 12.19-05 SHEET 2 11-05-04 07.11..()7 SCALE 1"=80' <>120 SECTION-29 TOWNSHIP_ 48 S RANGE- 25 E 7G EXISTING SLIP COUNT SLIPS LENGTH 14 35' PROPOSED ADDITIONAL SLIPS LENGTH 20 35' 34 TOTAL SLIPS ) ~Turrell & Associates, Inc. Marine & Environmental Consulting . 3584 Exchange Ave. Suile B. Naples, FL 34104-3732 Email: tuna@turrelI-associJtes.OJlIl Phone: (239) 643.0166 Fax: (239) 643-6632 MONTE CARLO CLUB PROPOSED DESIGN 11-05-04 JOB NO. 0420 SECTION-29 TOWNSHIP-48S SCAlE 2 1"=80' RANGE- 25 E 7C ~Turrell & Associates, Inc. Marine & Environmental Consulting . 3584ExcbangeAve.SuiteB. Naples,FL3411l4-3732 EmaiI: l1ma@IuneU.........com Phone: (239) 643'()166 Fax: (239) 64~32 MONTE CARLO CLUB EXISTING CONDITIONS DRAWN JML 09-26-05 SHEET 1 DATE 11..05-04 07.11..()7 SCALE 1";;80' JOB NO. 0420 SECTION-29 TOWNSHIP-48S RANGE-25E COLLIER COUNTY LAND DEVELOPMENT CODE 7C 5.03.06 G. G. Standards for boat lift canopies. 5.03.06 H.1. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. t. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. H. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above, then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. Dock facility extensio~dditiona1 protrusion of a dock facility into any waterway beyond the limits established il)...Subsection 5.03.06 E. of this Code may be considered appropriate under certain circumstance~n order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria. and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands, where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate). b. Whether the water depth at the proposed site is so shallow that a vessel of the general length, type, and draft as that described in the petitioner's application is Supp. NO.4 LDC5:14 COLLIER COUNTY LAND DEVELOPMENT CODE 7C 5.03.06 D. D. Determination as principal or accessory use. 5.03.06 E.8. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires. and/or provides for any accessory uses and/or structures. 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities. The following criteria apply to dock facilities and boathouses, with the exception of dock facilities and boathouses on man made lakes and other manmade bodies of water under private control. 7. 8. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For lots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is less. 3. On man made canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply. All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 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'" ~ i3 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADYERTISING OF PUBLIC HEARINGS (i)~... , , '0,,0 SA To: Clerk to the Board: Please place the following as a: [8J Normal legal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: County Attorney Date: Person: Jennifer A. Belpedio, Assistant County Attorney Petition No. (If none, give brief description): 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 @ BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 12/02/08 Newspaper(s) to be used: (Complete only if important): [8J Naples Daily News o Other [8J Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), ifany & proposed hearing date: N/A Does Petition Fee include advertising cost? 0 Yes riNO If Yes, what account should be charged for advertising costs: 001- IOOSIO - "4 q 100 :~!f~~,~ D,~M oe ~.o. '-t 5)ooq~5~q ~c..~1 List Attachments: Proposed Ordinance 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: [8J County Manager agenda file: to Clerk's Office o Requesting Division o 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,~~~~~c- '11'1 { n' . I '71171< Date Received: ~_ Date of Public hearing: 1~t-_ Date Advertised: l4-~~ 04-COA-O I 023/276 SA ORDINANCE NO. 2008- AN ORDINANCE REPEAI~ING AND REPLACING COLLIER COUNTY ORDINANCE NO. 74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO SHELTER IF BEDS A V A1LABLE; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners finds that it is in the interest of health, safety, and welfare to the citizens of Collier County that Ordinance No. 74-7 be repealed and replaced with this Ordinance. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: CAMPING DEFINED For the purpose of thIs Ordinance, "camping" is defined as: A. Sleeping or otherwise being in a temporary shelter out-of-doors; or B. Sleeping out-of-doors; or C. Cooking over an open flame or fire out-of-doors. SECTION TWO: CAMPING PROHIBITlW, EXCEPTIONS A. Camping is prohibited on all public property within the unIncorporated area of Collier County, except as may be specifically authOrIzed by the appropriate govemmental authority. B. Camping is prohibited on all property within the unincorporated area of Collier County used for residential purposes; however, that camping is permitted on such property with the permission and consent of the property owner. SECTION THREE: PROVIDING FOR TRANSPORT TO SHELTER IF BEDS ARE AVAILABLE A. Whenever a law enforcement officer has probable cause to believe that a violation of thIs Ordinance has occurred, he or she shall advise the person of the violatIOn and afford the person an opportunity to relocate to a publically available shelter. If the person elects to be transportcd to the public shelter the law enforcement officer shall make available such transportation to a public shelter for such purpose and the person making such election shall not be charged WIth a violation of this section. If a bed is available and the person refuses to relocate to the public shelter, then such person may be charged with a violation of this OrdInance. If a bed is not available, then this OrdlOance shall no! be enforced. PENALTIES 8A SECTION FOUR: Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment in the county Jail as provided for m Section 125.69, Florida Statutes. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall hecome and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word 'tordinance!' may be changed to llsection," llartic1e," or any other appropriate word. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Jurisdlction, such portion shall be deemed a separate, distinct and independent provIsion and such holding shall not affect the validity of the remaining portion. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLI.IER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Appr a firm ufficieney: Jeffrey ]at ko ,County Attorney Clear Day Page I of I Martha S. Vergara SA From; CrolleauKathynell [KathyneIICrotteau@colliergov.net] Sent: Tuesday, November 18, 2008 12:08 PM To: Martha S. Vergara Subject: FW: PO for Naples Daily News Advertising Importance: High Martha: Per our conversation about the PO. number for the anti-camping ordinance hand delivered today, please see the correct number below. Thank you. Kathy Crotteau, Legal Secretary Office of the Collier County Attorney 3301 Tamiami Trail East Naples, FL 34112-4902 Phone: (239) 252-8400 Facsimile: (239) 252-6300 kathynellcrol1ea~cQllj(J(gov, nm From: andradeana Sent: Tuesday, November 18, 2008 12:01 PM To: CrotteauKathynel1 Subject: PO for Naples Daily News Advertising PO. no. 4500099539 Ana Andrade anaandrade@colliergov,net Office of the County Attorney 3301 East Tamiami Tr Naples, FI 34112 Phone #239-252-8400 Fax #239-252-6300 11/18/2008 SA Acct. #1230 November 18, 2008 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance Repealing Ordinance Number 74-7 Dear Legals: Please advertise the above referenced notice on Friday, November 21,2008 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.#4500099539 8A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on December 2, 2008 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE REPEALING AND REPLACING COLLIER COUNTY ORDINANCE NO.74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO SHELTER IF BEDS AVAILABLE; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file All with the Clerk to the interested parties are 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 Chairman, 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 SA 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: Martha Vergara, Deputy Clerk (SEAL) BA Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, November 18, 2008 1:46 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT78949.txt; Ordinance Repealing Ordinance Number 74-7 '[J" :-,~ i';- B ATT7B949.txt (231 Ordinance B) ~pealing Ordinance 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: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, November 18, 2008 3:56 PM To: Martha S. Vergara Subject: RE: Ordinance Repealing Ordinance Number 74-7 OK From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Tuesday, November 18, 2008 1:46 PM Posted To: Legals - NON Conversation: Ordinance Repealing Ordinance Number 74-7 Subject: Ordinance Repealing Ordinance Number 74-7 Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 11/18/2008 Page 1 of 1 SA Naples Daily News Naples, FL 34102 SA Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ BCC/COMPREHENSIVE PLANNING DEV S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068778 59543151 ORDINANCE NO.74-7NOT State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, 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 of the attached copy of advertisement; and affiant 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. PUBLISHED ON: 11/21 11/21 "''6~~':iY'f~~''', ,:-4';' '.t> ~ \:\,1 .~j .qq<..... ." .Rr..f'l" NANCY EVANS Commission DD 657030 Expires July 18, 2011 1>_....,'11."'T"'''r~'''''......n.....R(l(],~ijfi,7019 AD SPACE: FILED ON: 148.000 INCH 11/21/08 . . ." Co"," :C~~....&Of..tlIe wlll1 !:=- iAillft~~""iiiOIiioTo = ::r...~~ .'lO<\d. to> Nn 17WCW '" ::~~::~~~-~: - ~::::~: - -(]ij-~- - ------+- - - -- ---- - - - --- - - -- - - --- ;r// Sworn to and Subscribed befo~e me this ~ day of . ~f/ Personally known by me ,/ l~~,--- ~ 200 t{ ~ 8 A 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 ~hotlld be hand delivered to the Board Office. The completed routing slip and OIiginal 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, clutes, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu~h routing lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee( s) Office Initials Date (List in routing order) 1. .. 2. ./~ - 3. ---- ...-'--.----'- 4. Jennifer A. Belpedio, Assistant County County Attorney .::S~? 12/03/08 Attorney 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson. need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Jennifer A. Belpedio Phone Number 252-8400 Contact Agenda Date Item was 12/03/08 Agenda Item Number 8A Approved bv the BCC Type of Document Ordinance Repealing Ordinance No. 74-7 Number of Original I Attached (Anti-Camping) =<co5 .-(;, ~ Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. N/A(Not A licable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the Bee Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date offiCe approval of the document or JAB the final ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's signature and JAB initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of BCe approval. Some documents are time sensitive and require forwarding to Tallahassee within ~~rtai ti e frame or the BCe's actions are nullified. Be aware of your deadlines! r 11 The document was approved by the Bee on 3/08 and all changes made during the meeting JAB have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lieable. 2. N/A 3. 4. 5. N/A 6. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 ((matter _ number}~/((document_ numbem 8 A i~. ORDINANCE NO. 2008- ~ AN ORDINANCE REPEALING AND REPLACING COLLIER COUNTY ORDINANCE NO. 74-7 WITH AN ORDINANCE PROHIBITING CAMPING IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO SHELTER IF BEDS AVAILABLE; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners finds that it is in the interest of health, safety, and welfare to the citizens of Collier County that Ordinance No. 74-7 be repealed and replaced with this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA that: SECTION ONE: CAMPING DEFINED For the ptrrpose ofthls Ordinance, "camping" is defined as: A. Sleeping or otherwise being in a temporary shelter out-of-doors; or B. Sleeping out-of-doors; or C. Cooking over an open flame or tIre out-ot~doors. SECTION TWO: CAMPING PROHIBITED, EXCEPTIONS A. Camping IS problbited on all public property WIthin the unincorporated area of Collier County, except as may be specifically authorized by the appropriate governmental authority. B. Camping is prohibited on all property within the unincorporated area of Collier County used for residential purposes; however, that camping is permitted on such property with the permission and consent of the property owner. SECTION THREE: PROVIDING FOR TRANSPORT TO SHELTER IF BEDS ARE A V AlI~ABLE A. Whenever a law enforcement officer has probable cause to believe that a violation of this Ordinance has occurred, he or she shall advise the person of the violation and afford the person an opportunity to relocate to a public ally available shelter. If the person elects to be transported to the public shelter the law enforcement officer shall make available such transportation to a puhlic shelter for such purpose and the person making such election shall not be ci}arged With a violation of this section. If a bed is available and the person refuses to relocate to the 'public shelter. then such person may be charged WIth a VIolation of this Ordinance. If a bed is not available, then this Ordmance shall not be enforced. , 8 A ;" SECTION FOUR: PENAL TIES Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment in the county jail as provided for in Section 125.69. Florida Statutes. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplIsh such. and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of CollIer County or other applIcable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity ofthe remaining portion. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County CommissIOners of Collier County, .1,,,\ "- Florida, this'~day of I )ec,. .", \,,, " .2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. CLERK OF COLLIER COUNTY, FLORIDA B ufficiency: Jeffrey , 8 A .~ 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 2008-65 Which was adopted by the Board of County Commissioners on the 2nd day of December, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of December, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boaf~cif" County Commissioners '." Lhtu ~{).L:' " By: Ann Jennejohn, Deputy Clerk ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ~ 9A 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 On'ice only after the Board hm; 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'5 sil:mature, draw a line through routing lines # 1 through #4, comolele the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinv order) 1. 2. 3. 4. 5. Sue Filson. Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Ace 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 informallon. All original documents needing the BCe Chairman's signature are to be delivered to the Bee ollice only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved by the BCC Type of Document Attached Phone Number 's Office Agenda Item Number Extension 8400 9A Yes (Initial) N/A(Not A licable) Resolution Number of Original Documents Attached @ N/A @ I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03Jl4. Revised] .26.05, Revised 2.24.05 . 55( 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficicncy. (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, etL signed by the County Attorney's Omce and signature pages rrom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exee t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBce approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials arc re uired. In most cases (somc contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a IicabJe. 2. 3. 4. 5. 6. q {1 .. Ii MEMORANDUM Date: December 8, 2008 To: Kay Nell, CLA County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Resolution 2008-351: Development Services Advisory Committee Appointments Resolution 2008-352: Isles of Capri Fire Control District Advisory Committee Re-appointments Attached please find one (1) copy of the documents referenced above, (Agenda Items #9A and #9B) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, you may contact me at 252-8411. Thank you, Attachment 9, RESOLUTION NO. 2008-351 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE. WHEREAS, Ordinance No. 93-76, as amended, which created the Collier County Development Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members; and WHEREAS, the terms of five (5) members are expiring creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Development Services Advisory 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 the below-listed members are hereby reappointed to the Development Services Advisory Committee for four-year terms, said terms to expire on December 14, 2012. NAME CATEGORY Robert J. Mulhere George H. Hermanson Dalas D. Disney William J. Varian David B. Dunnavant land Planner Civil Engineer Architect Contractor Attorney/Developer BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, as amended, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Robert J. Mulhere and Dalas D. Disney to this Committee. 9A This Resolution adopted after motion, second and unanimous vote on this 2nd day of December, 2008. ATTEST: DWI~TrJ;., BROCK, Clerk -\' (,. .,-,-, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~~ ;. . .littest as tcP~R41~~r~ . 1111Raturt 0111. B' TOM HENNING, Chai n Approved as to form and lega sufficiency: CP:08-8CC-O 94 Item# ~ Agenda I '7l 1"'2 L \Q UJte ~o 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pmk 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 Otlice only after the Board has taken action on the item.) ROUTING SLIP 98 Complete routing lines # 1 through #4 as appropriate fOT additional signatures, dates, and/or information needed. If the document is already complete with the exccDtion of the Chairman's sie:nature, draw a line throul!h routine: lines # I throul!h #4, comoletc the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nanna]ly the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman''s signature arc to be delivered to the Bee omce only after the Bee has acted to approve the item.) Name of Primary Staff Kay Nell, CLA Phone Numher Extension 8400 Contact Collier County Attorney's Office Agenda Date Item was December 2, 2008 Agenda Item Number 9B Approved bv the BCC Type of Document Resolution CB " 3'),~ N umber of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne rotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si rnature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hoors of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certaln time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) N/A(Not A lieable) 2. 3. 4. 5. 6. @ N/A ~ I: forms! County Forms! Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 98 I MEMORANDUM Date: December 8, 2008 To: Kay Nell, CLA County Attorney's Office From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Resolution 2008-351: Development Services Advisory Committee Appointments Resolution 2008-352: Isles of Capri Fire Control District Advisory Committee Re-appointments Attached please find one (1) copy of the documents referenced above, (Agenda Items #9A and #9B) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, you may contact me at 252-8411. Thank you, Attachment RESOLUTION NO. 2008-352 9. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MEMBERS TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for the Isles of Capri Fire Services Tax District and provides that the advisory committee shall consist of three to five members; and WHEREAS, the terms of two (2) members will expire creating vacancies on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties; and WHEREAS, the Isles of Capri Fire Control District Advisory 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. Thomas E. Decker meets the prerequisites for appointment and is hereby reappointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year term, said term to expire on December 31, 2010. 2. Joseph Langkawel meets the prerequisites for appointment and is hereby reappointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year term, said term to expire on December 31, 2010. This Resolution adopted after motion, second and majority vote on this 2nd day of December, 2008. ATTEST:!,! " DWI~fft E. BRG.CI<, Clerk ~~o-~~c \.. Att.llstai tG c~lerk .. It9"atl1f'll. gl:1,! <,I' . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: Approved as to form and leg I su Ici ncy: lIem# q6 Jeffr A Klatzkow Coun A orney AGENDA ITEM TITLE:_12 /... S' ,,f- ~ ev f'e-V AGENDA ITEM NUMBER: c;c PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: LJr_J C,>v-l) REPRESENTING: PETITIONER: 'R L S A rsc, /6 <{ ,r'--A -<', 1/ ADDRESS: J 7fV J ~ 1('... v' CO"",, """~~ OTHER: 3Cllo y COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: AGENDA ITEM NUMBER: /rb- PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME:~71 !/vilur:- ADDRESS: '32/ /3/trjj 5iV REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: /2-15 A ITEM NO: 1Jc 'IHIS COMPLE'IED FORM IS '10 BE PLACED 1M 'IHE "SPEAKER FORM BOX" 1M 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEIM. HEARD. ''''"' .""] I if ~ /(~L-7C~ '\ I ADDRESS: v NAME: .' ;:J-+- Ic~JtG PLEASE PRINT CLEARLY v', ,l I Y4;' (/ d_ II C': ',~, ,ii' I' , ~',L '-:'(_f,"1-"f.....~Uu' '-" _):..A~;~~ 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, J REPRESENTING: PETITIONER OTHER: ti~ YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE: ITEM NO: 9- ,;j -- c C (",,'vc,z \ c ) 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. 1l/4.~ /dI/cr ADDRESS: ;('!'i' L-,rf/e f!o460c"" REPRESENTING: PETITIONER / ier [8/JA-I PLEASE PRINT CLEARLY NAME: LaV'- ~-- l1I.Jcfv .(,~OTHER: COLLIER COUNTY ORDINANCE NO. 99.22 REQUIRES 1i AT 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. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE: Y~SA- r I'D ~ ITEM NO: q G 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. ,~ ~ AA J I. , .. I. h. NAME: i U ~.t-""I /+USVU.JYv ADDRESS: I b ((1 ~o.b-vv~ c:...i- . REPRESENTING: PETITIONER PLEASE PRINT CLEARLY tJcl.f lu3 4 r~ tA~ OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE 'R [5' H (~o c ("'5 .5 ITEM NO: cr C 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. NAME: J ~d~ -I rj K" ~ -35 () 0 b , 11 \-\ 00 A PLEASE PRINT CLEARLY C' ; f C lr- ~. I 0.2 t\)/LpJ e s 3'-f(O! ADDRESS: REPRESENTING: PETITIONER ;g~~~T~E~~~gL~g~~~~~~~~~L~~;~~~~g~l~~sR~~~TN~~~~~~~~6So~H;~b~Te;g~~~~s~~g~~~, ~~~I~~~~Y:I~H THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. OTHER: r AGENDA ITEM TITLE q. 817;u CJ (:) f' ("rOC/NT If &J1/.f"J1J:;~ I ~A F)e c: ITEM NO: erG 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEct' BEl.. HEARD. PLEASE PRINT CLEARLY NAME: AI EA.Jc::J J' ...s:::aA CA/4 ADDRESS -5250 2.. 7 A YB. 5;, [0 , REPRESENTING: PETITIONER tf!.LSA OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE R L~ ~rc.L.e=2S ITEM NO: ~I c..- 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. PLEASE PRINT CLEARLY 't if r I,' / j ADDRESS: v'1 REPRESENTING: PETITIONER OTHER: C c..--"V ': ,V' ~/O, 1\ C 7,' C3f (j,.I. -, . ( COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN A 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. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. r AGENDA ITEM TITLE: 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. ere ITEM NO: NAME: c- PLEASE PRINT CLEARLY C'1/1. ADDRESS: ) V7-/-".I REPRESENTING: PETITIONER b- OTHER: '{ C'd c, U ~ 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. It AGENDA ITEM TITLE: t< L .> It. ;J h..'L.Je J( ITEM NO: ~c 'IHIS COMPLE'IED FORM IS '10 BE PLACED I. 'IHE "SPEAKER FORM BOX" I. 'IHE BOARD ROOM PRIOR '10 'IHE SUBJEC'I BEl.. HEARD. /Vi ' PLEASE PRINT CLEARLY ::~:'SS' ;~ ~ ~ ~ ;,f;;~1/! /oJa.p ~ .r REPRESENTING: PETITIONER ~ .:?/j/o P OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. , 9 c- IUV-W& in t71j lL>(j(+ v-epodcPV- November 24, 2008 The Honorable Tom Henning, Chairman and Members of the Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Chairman Henning and Commissioners: The Collier County Rural Lands Stewardship Area ( the "RLSA Overlay") was created in 2002 through a collaborative community based planning process intended to protect natural resources, retain viable agriculture and promote compact rural mixed use development through an incentive based land use system on approximately 195,000 acres in eastern Collier County. The RLSA Overlay was designed to be a long term strategic plan with a planning horizon year of 2025. Many of the tools, techniques and strategies proposed in 2002 for the RLSA Overlay were nonetheless new, innovative, incentive based and untested. A comprehensive five year review of the RLSA Overlay by Collier County was therefore proposed to assess participation in and effectiveness of the RLSA Overlay in meeting its Goals, Objectives and Policies. The Board of County Commissioners created a citizen oversight committee (the "RLSA Committee") in 2007. The RLSA Committee is comprised of a diverse group of local citizens dedicated to creating a balance between agriculture, development and environmental sensitivity based on the principles of rural stewardship articulated in Florida's Rural Lands Stewardship Act. Its members include environmental advocates, farmers, professional planners, rural land owners, community activists and advisory board volunteers. I am privileged to serve as its Chairman. The RLSA Committee has met over twenty times during the last year in publicly advertised work sessions that typically lasted no less than three hours each. Public participation was encouraged; diverse opinions were solicited; challenging questions were welcomed; expert testimony was offered; absolute transparency was preserved; the sunshine law was observed; and nearly every question posed, comment offered and recommendation made was considered. Representatives from a broad range of interest groups, including Audubon of Florida, Collier County Audubon Society, Defenders of Wildlife, Florida Wildlife Federation, The Conservancy of Southwest Florida, the Collier County Transportation Department, the Collier County Community Development and Environmental Services Department, the Collier County Comprehensive Planning Department, the Eastern Collier Property Owners and others vigorously participated. Memoranda submitted by representatives of the Collier County Planning Commission, the Collier County Environmental Advisory Council, the Sierra Club, The Conservancy of Southwest Florida and the Department of Community Affairs were vetted. The RLSA Committee was ably supported throughout our process by dedicated county staff who documented the committee's work in detailed and voluminous public records. 9C The Honorable Tom Henning, Chairman and Members November 24, 2008 Page 2 The RLSA Committee devoted the first three months of its existence to a quantitative assessment of the effectiveness of the RLSA Overlay in meeting its Goals, Objectives and Policies. The resulting Phase I Technical Review was thereafter furnished to the Environmental Advisory Council, the Planning Commission, the Board of County Commissioners and, ultimately, the Department of Community Affairs. The Phase I Technical Report concluded that significant progress had been made in achieving the RLSA Overlay Goal. It also provided the foundation for the RLSA Committee's Phase II qualitative evaluation of ways in which the RLSA Overlay Growth Management Plan Policies could be improved to more effectively implement the program's overriding Goals and Objectives and achieve the RLSA Committee's Project Management Plan mandate to consider "potential opportunities and amendments to the Growth Management Plan". As part of Phase II, the RLSA Committee received expert testimony from the following pre-eminent industry leaders in their respective fields: . Dr. Fritz Roka, Agriculture Economist, University of Florida Institute for Food and Agricultural Sciences, and Gene McAvoy, Regional Extension Agent, University of Florida Institute for Food and Agricultural Sciences, shared their findings on the status of agriculture in Southwest Florida and focused the RLSA Committee on the need to bolster incentives to retain land for agricultural use. . Dr. Timm Kroeger of the Defenders of Wildlife testified as to the economic value of protecting the natural environment and retaining agricultural lands. . Clarence Tears, Director, Big Cypress Basin, South Florida Water Management District, testified as to the vital role the RLSA Overlay plays in protecting important watersheds. . Eric Draper, Florida Audubon Society, testified as to the use of the RLSA as an invaluable tool to protect environmental resources at no cost to the public at a time when the precious few public dollars earmarked for this purpose are harder and harder to find. . Darrel Land, State of Florida Panther Team Leader, Florida Fish and Wildlife Conservation Commission, who is generally regarded as the state's foremost expert on the panther and as a highly respected scientist, testified as to how the RLSA Overlay provides incentives to protect and restore panthcr habitat. Nancy Payton, Florida Wildlife Federation, tcstified to acquaint the RLSA Committcc as to how strategies contained in the Florida Panther Protection Program recently adopted by a consortium of environmental groups and rural landowners arc intended to promote thc protcction and recovery of the panther 9C The Honorable Tom Hcnning, Chairman and Members Novembcr 24, 2008 Page 3 throughout thc RLSA Overlay and surrounding lands and how those strategies could be integrated into the RLSA Overlay. . Dr. Paul Van Buskirk, Van Buskirk & Associates, testified as to his findings in the "Collier County East of 951" study and how those findings fit within population growth models projected for the RLSA Overlay. . Nick Casalanguida, Director, Collier County Transportation Planning Department, testified as to the need to develop a plan for a county transportation network that meets the adopted Level of Service through build out of the county and considers the location of public services needed to accommodate the build out population. As a result of the exhaustive public input and expert testimony, the RLSA Committee unanimously approved the following proposed amendment to the Goal for the RLSA Overlay: "Collier County's goal is to retain land for agricultural activities, to direct incompatible uses away from wetlands and upland habitat, to protect and restore habitat connectivity, to enable the conversion of rural land to other uses in appropriate locations, to discourage urban sprawl, and to encourage development that employs creative land use techniques through the use of established incentives. " As we considered this reconstituted Goal in the context of existing Growth Management Plan ("GMP") Policies, the RLSA Committee developed strategies to create incentives to encourage rural landowners to voluntarily: . eliminate their right to convert agricultural land to non agricultural uses In exchange for compensation; . retain agriculture within Open Lands as an alternative to conversion of such lands using Baseline Standards (and thereby reduce the size of the "development footprint" and the threat of urban sprawl in the RLSA Overlay); create, restore and enhance panther corridor connections; . restore flow ways and habitat through a credit generating system that considers cost, difficulty and benefit value of each restoration type through a newly adopted tiered system; impose a cap of 45,000 SRA acres in the RLSA Overlay and recalibrate the credit system to ensure the balance essential to the sustainability of a voluntary incentive based program which generates significant public benefits without incurring public expenditures; and 9C The Honorable Tom Henning, Chairman and Members November 24, 2008 Page 4 cooperate with Collier County in its creation of a plan for a county transportation network that meets the adopted Level of Service through build out of the county and considers the location of public services needed to accommodate the build out population. The RLSA Committee also engaged the public and various interest groups in a rigorous assessment of each and every RLSA Overlay policy to ensure internal consistency, thoughtful precision and careful scrutiny of the data, analysis and justification for each of the proposed Policy amendments. We feel that the work product of the RLSA Committee for its Phase II Report therefore actually consists of proposed GMP Policy amendments. Further, after extensive discussion, we concluded that the public proceedings and thousands of man hours of work expended by scores of interested parties should be recognized. At its most recent meeting, the RLSA Committee voted to authorize me to respectfully request that the Board of County Commissioners take the steps its deems appropriate to initiate a special cycle for Growth Management Plan RLSA Overlay amendments to review, refine and consider the RLSA Committee's policy proposals, data and analysis, and record of public testimony in public hearings before the Environmental Advisory Council, the Planning Commission, and the Board of County Commissioners. We recognize that each advisory board has a distinctive role and a special responsibility to make to the public planning process and we look forward to public consideration of our Policy proposals by the other advisory boards. We appreciate the opportunity to serve the Board of County Commissioners and stand ready to proceed in whatever way you believe best serves the people of Collier County. Sincerely, l?0tJ ~,.8. Ron Hamel Chairman, Rural Lands Stewardship Review Committee cc: County Manager James V. Mudd 9C Suggested Schedule for RLSA Committee's Phase II Report · BCC designates Special ~ GMP Cycle for RLSA Phase II Report o Staffbegins reviewing; compiling data & analysis; and developing Phase II Report as the Transmittal Package · RLSA Committee holds a workshop with EAC to explain review process and resulting amendments; and to receive EAC feedback · RLSA Committee holds a workshop with CCPC to explain review process and resulting amendments; and to receive CCPC feedback · RLSA Committee acts on CCPC and EAC comments and amends Phase II Report accordingly · Phase II Report is fmalized by RLSA Committee and staff · Phase II Report is formatted by staff into Transmittal Package · EAC reviews Transmittal Package o Comments noted as an addendum · CCPC reviews Transmittal Package o Comments noted as an addendum · BCC reviews and transmits to DCA for ORC Report tac' , ,!~ll ~ .-\1 PHASE U REPORT PIlEPARATION SCHEDULE AND REPORT FORMAT REVIEW COMMITTEE OIRECnON ll.lllIUSt 5, 2008 SCHEDULE A. REMAINING REVIEW COMMITI'H MEmNGS · September 2...RlSA Overlay Review [COES) . September 16...RLSA Overlay Review [COES] · September 23...RlSA Overlay Review [COES) · September 30...... RLSA Overlay Review {CDES] · October 7... RlSA Overlay Review Wrap Up and Phase 2 Report Recommendations for RLSA Overlay [CDES] B. PUBUCVETTING MEmNM · November 12_.Envlronmental AdvIsory Council · December 1__P1annlne Commission . January 29, 2009_Board of County CommlssioMrs · February %7, 2009_..Department of Community AffaIrs DNaSE 2 REPORT FORMAT AND CONTENTS The following is format approved by the Review Committee on August 5. 2008: . COVER · l1tANSMlTTAl LmR with 2 maps: 1] MColller County Rural & Agricultural Area Assessment Stewardship Overlay Map; 2] MRLSA Status MapM which shows all approved Stewardship Sending Areas and the one approved Stewardship Receiving Area. The Town of Ave Maria. · TABLE OF CONTENTS · EXECUnVE SUMMARY . COMMITTEE- RECOMMENDED AMENDMENTS TO THE RURAL LANDS STEWARDS/p AREA OVERLAY a. Short Version Annotated b. Lone Version Annotated · DATAANDANAlYSlS . APPENDICES - .-----.-------------. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 08 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 b~ hand delivered 10 the Board Office The complch:d TOuting slip and original documents are to be torwarded tn the Board OHlee only after the Buard has taken action on the item) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed Ifthe document is already complete with the k exception of the Chairman's sio-nature, draw a line through muting lines #] through #4, comoktc lhe chcc list. and fOr\\"ard to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routin" order) I. -,,-,-,---- --~_.,-- - 2. 1 J. ,/ 4. .' .. .. '.' 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval Normally' thc 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 statf for additional or missing inl()rmation. All original documents needing the BCC Chairman"s signature are 10 he delivered to the BCC office only allcr the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Robert Bosch, ROW Coordinator, TECM Phone Number 252-5843 [0 [3 Yes (Initial) N/A(Not A lieable) t, L - 1 - -;~ \':"0,< Agenda Item Number ,>[ "((A: .~ (;Z /' }<-, ~'; , . ,. """- Number of Original Documents Attached I: Forms! County Forms! Bee Forms! Original Documt;nts Routing Slip W\/",'S Original 9,03.04. Revised 1.26.05, Revised 2.24.05 oe ~ "--:1.... ')" "";, ',j,- L~S-,~;' I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements. etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne Jotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC olliee within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on.c <..- ,<' (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne "s Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. MEMORANDUM Date: December 5, 2008 To: Robert Bosch Right-or-Way Coordinator Transportation Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-353 Per your request you will find enclosed two (2) Certified Copies per your request of the document referenced above (Agenda Item #10B), adopted by the Board of County Commissioners on December 2, 2008. If you should have any questions, please call me at 252-8411. Thank you. Enclosures lOB Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056 Page 1 of 1 Q i..d -4 Teresa L. Polaski From: Sent: To: Ann P. Jennejohn Wednesday. December 03.20083:59 PM Teresa L. Polaski Subject: FW: Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056 Attachments: Memo to BMRpdf From: BoschRobert [mailto:RobertBosch@colliergov.net] Sent: Wednesday, December 03, 2008 3:57 PM To: Ann P. Jennejohn Subject: Condemnation Resolution No. 2008-_ : Collier Boulevard Project No. 68056 <<Memo to BMRpdf>> Anne, Today I delivered the above resolution to Sue Filson for execution by the Chairman of the BCe. The resolution was adopted yesterday - Item 10.B. I omitted to include the attached memo requesting two certified copies of the resolution. When you get the resolution, kindly arrange for two certified copies to be forwarded to me. Thank you, Robert M. Bosell Right-of-Way Coordinator Transportation Eng. & Const. Mgmt. 2885 South Horseshoe Drive Naples, FL 34104 Tel.: (239) 252-5843 Fax: (239) 213-5885 12/3/2008 qf TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM TO: Board Minutes and Records DATE: December 3, 2008 FROM: Robert Bosch, ROW Coordinator - TECM (Tel 252-5843) / '- SUB JECI: Resolution 2008- _ : Collier Boulevard Project No 68056 Please 'mange fOI the Chairman of the BCC to execute the attached Condemnation Resolution (Resolution # 2008. ---.J and return two certified copies for my attention to the Transportation ROW Department at 2885 S Horseshoe Dr, Naples, FL 34104 Please do not record this document in the Public RecOIds of Collier County Project No: Fund I Cost Center: Object Code: 68056 331-163650 651210 Thank you lOB RESOLUTION NO. 2008353 A RESOLUTION AUTHORIZING CONDEMNATION OF LAND AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTlLITY lMPROVEMENTS REQUIRED FOR THE EXP ANSION OF COLLIER BOULEVARD FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD, INCLUDING PORTIONS EAST ON WHITE BOULEVARD AND WEST ON PINE RIDGE ROAD (PROJECT NO. 68056). WHEREAS, the acquisition of right-of-way for the expansion of Collier Boulevard from Green Boulevard to Golden Gate Boulevard (Project No. 68056) (hereinafter referred to as "the Project"), is included in Collier County's Five Year Transportation Work Program; and WHEREAS, plans and specifications have been prepared for construction of the project; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various irnpacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the expansion of Collier Boulevard from the Green Boulevard to Golden Gate Boulevard, including portions east on White Boulevard and west on Pine Ridge Road 106 (hereinafter referred to as "the Project"), is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that the acquisition ofland and easements for construction ofthe Project is an integral part of the County's long range planning effort, and is included in the Capital Improvement Element of the Collier County Growth Managernent Plan, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues. the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire the land and easernents described in Exhibit "A". AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff and Office of the County Attorney are hereby authorized and directed to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the land and easements more particularly described in Exhibit "A," attached hereto and incorporated herein. -Page 2- r>. ,uB AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this lNlJ day of 1J f.. C fC Nil ~ , 2008, after motion, second and majority vote. ,> i' ",". ;~I.' ATTESP <: DWI K'-I3,ROCK, CLERK. t . " ::,. (0-~~4l< BOARD OF COUNTY COMMISSIONERS OF COLLI COU Y, FLORIDA IRMAN By: ~tt.~\." to CbalnNll , t1gnaturt OR." Approved as to form and '~/~ Assistant County Attorney Ilem# 106 -Page 3- Agenda i ~1__\iO~ Date ~O Date 1~lrll~ Rec'd ~ \1~<< Deputy Clerk 25+00 26+00 27+00 28+00 15TH AVE. S.W. lOB " ~ . . . ;; 660'(P) L{) EXHIBIT 11 ~ I of~ s (f) W 1-0 ~ t5 (f) <( wcoa.. wN - I- r-- <(I- o:z::>.:::: ::;)0 Z 0 W III o -1 I- o ::5 o a.. ~ l! ~ " ~ ~ o :- ~ ~ ~ <; ~ ~ 8 R .. I: ~ . , ~ . . ~ N w+, 8 PROPOSED RIGHT OF WAY PARCEL 101FEE 18,911 SQ. FT, ! ~ " ~ . ~ . ~ . ~. f 660'(P) TRACTS 121 & 122 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 B ~ ~ .. g 1!: ~ ~ " ~ ~ ~ ~ FLORIDA POWER & UGHT OR 607/1318 ~ <: ~ <; ;:j ~ . ~ PROPOSED SHARED SLOPE & LANDSCAPE EASEMENT~I OR = OFFICIAL RECORDS (BOOK/PAGE) lX)<)1 PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL _-LI OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 -------- USE FEe SIMPlE MEREST LEGAL DESCRIPTION FOR PARCEL 101 FEE A PORTION OF TRACTS 121 AND 122. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 30 FEET OF SAID TRACTS 121 AND 122, LESS THE SOUTH 30 FEET OF SAID TRACT 122. CONTAINING 1 B.911 SQUARE FEET, MORE OR LESS. o 40 80 SKETCH & DESCRIPTION ONLY I NOT A BOUNDARY SURVEY SCALE, 1"-80' FOR, COLUER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 160 ,;WjJy IIlICHAEL A. WARD, PROFESSIONAL lAND SURVEYOR FlORIOA REClSTRAT10~Eg{f.Jt NO. 5301 SIGNING DATE: 7) 't (JfJ NOT VAUO WIl'}lOUT THE ORICIIIlAL 51 JURt& RAISED El.lBOSSED Sf;Al OF A f1.ORIDA REGISTERED PROF'ESSJOtw. SURVEYOR AND MAPPER. COLUER BOULEVARD SKETCH & DESCRIPTION OF: PARCEL 10IFEE COLUER COUNTY. FLORIDA JOB NUMBER 050106.02.00 0006 SCALE ," = 80' D\lT^lNC~ CONSULTING avl1~ .&. ...., ,.I.. .... Sun-c,iDg"_ 6610 WIUow Park Drive, SUite 200 Naples, florida 34109 Phone: (239) 597.(l575 FAX: (23S) 597-0578 LB No.: 6952 FILE NAME SHEET UN26 SK1 01 FEE OF 1 PROPOSED RIGHT OF WAY J 660'(P) ;; ~ EXHIBIT A ~ :2. ot.JJ2. ~ ~ ~ " o ~ ~ ~ ~ ~ 8 ~ ~ ~ '- ~ N W+E s " , , ! ~ 2 " ]; ~ f ~ ~ ~ t , " " - ~ '. ~ '1l '" ~ 3 > 660'(P) TRACTS 121 & 122 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 FLORIDA POWER & UGHT OR 607/1316 ~ , f. ~ I a ~ ~ ~ ~ PROPOSED SHARED SLOPE & lANDSCAPE EASEMENT--........ PARCEL 101SSLE 6304 SQ. FT. 25+00 26+00 27+00 28+00 15TH AVE. S.W. OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~"'''l lXlV1 f//~ PROPOSED 10' SHARED SLOPE & LANDSCAPE EASEMENT PROPOSED RIGHT OF WAY EXISIlNG RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 40' ., /"} '~'~J -: lib 10'- LEGAl DESCRIPIlON FOR PARCEL 101 SSLE A PORTION OF TRACTS 121 AND 122, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 10 FEET OF THE EAST 40 FEET OF SAID TRACTS 121 AND 122, LESS THE SOUTH 30 FEET OF SAID TRACT 1 22. IN~FESSIONAL tAND SURVEYOR FLORIDA RECISlRAnO%ERn~I~~ NO. 5301 SIGNING DATE: 1 2 ~ NOT VAUD WITI-IOUT THE ORIClNAL SIG :rUR~ &: RAlSEO EMSOSSEQ SEAL OF A FlORIDA REGISTERED PROFESSIO~ SURVEYOR AND MAPPER. DlXTA n<c.~on CONSULTING CivilE.ogil:loe:riog .&. '" '.L ... _&_ 6610 WIllow Park Drive, Suite 200 Nap/as, F1crJda34109 Phone: (239) 597-oal5 FAX: (~g) 597-0578 LBNo.:6952 FILE NAME SHEET UN26 SK101 SSLE OF 1 CONTAINING 6,3D4 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARO o , 160 I 40 80 SCALE: 1 ~...BO' OF COUNTY COMMISSIONERS COLIJER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED SHARED SLOPE & LANDSCAPE EASEMENT PARCEL 101 SSLE COLIJER COUNTY, FLORIDA JOB NUMBER REVISION SECTION SCALE 050106.02.00 0006 REV 5 15 1" ~ 80' N o o , . " , , < II ro "' N TRACT 119 EXHIBIT It II W+E Pa~ :s of 113' II 0 I 0 + 0 rn S "' I, 1100' WIOE PER PLAT 660'(P) PROPOSED RIGHT OF WAY PARCEL 102FEE 11,550 SQ. FT. 35' TRACT 120 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ LDJ ASSOCIATES C/O A.E. OR 1095/2086 5'l I I I 660'(P) II I I, I TRACT 121 I I I I I ~ I !1. N o j; ~ o a . a N a o & ~. ~ . ~ ~ c-. "' , ~ l " o o ~ 8' o . ~ ~ ~ . [ I , ~ ~ g" , a ~ o o ~ ~ '2 ~ N ~ a ~ , . . . o o + "' c-. "' OR = OFFICIAL RECORDS (BOOK/PAGE) lXxX)j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 FEE SIMPlE INTEREST LEGAL DESCRIPTION FOR PARCEL 102FEE A PORTION OF TRACT 120, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE ,26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . . / " , THE EAST 35 FEET OF SAID TRACT 120. : ' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I 160 I .;fJ! .., MICHAEL A. WARD, PROFESSIONAL LAND' SURV~YOR FLORIDA REGISTRATION CERTIFiCATE NO. 5301 SIGNING DATE: NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 11,550 SQUARE FEET. MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 10ZFEE COLLIER COUNTY, FLORIDA JOB NUMBER J50106.02.00 0006 SCALE 1" = 80' D'lT^INC.~ CONSULTING Civil~ .... '-, u.. ..... Sonveying&"'_ 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UN26 SKI02FEE SHEET OF 1 ".',) '. A PORTION OF TRACT 120. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK <;""1"~GE' '15' ,OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 soUrl'i.:-RANGE' 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. <,../, r';' . r ."' .' i, 1!(1"~' !#kffJ ,itJ.!. ."~,..",,, r MICHAEL A. . WARD,PRO'FESSIONAl LAND SURVEYOR FLORIDA REGISTR,,\TION CERTlFlC"lTE NO. 5J01 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. D\lTA INC.~on CONSULTING Civil~ ... ...., u. ..... Surveying & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 fAX: (239) 597-0578 LB No.: 6952 FILE NAME SHEET UN26 SK102TCE OF 1 " a a , EXHIBIT A ~ 4-- of 1(3 a t: N w+E TRACT 11 9 ~ o :e- N 8 -'" a . a Q . ~ a a S t . ~ ~ 660'(P) , f 0' o o . ! a a a . i TRACT 120 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 102TCE 1,651 SQ. FT. , , " r ~ o' , LDJ ASSOCIATES C/O A.E. OR 1095/20B6 ;g ~ ,. ~r "" a o ~ , 8 ~ il o c (] < ~ 3 ~ ~ , 660'(P) ~ ~ ~ ~ ~ i1 , " ~ TRACTS 121 TEMPORARY CONSTRUCTION EASEMENT DURATION.3 YEARS. OR = OFFICIAL RECORDS (BOOK/PAGE) ~ "'" ~ PROPOSED 5' TEMPORARY CONSTRUCTION lXxXx>1 PROPOSED RIGHT OF WAY r//~ EASEM ENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 102TCE THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 120. CONTAINING 1,651 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o [ 160 I 40 I 60 I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 102TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 1 15 SCALE 1" = 80' II I, II I I, u + ro on o o + o ro on 1--100' WIDE I PER PLAT 40' II II I I I! ~ C- on o o + on C- on i "0 ---2- I I I 100' WIOE I I-PER PLAT II I ~~ o o + " '" on w E EXHIBIT f) Pa~ 5: of~ s TRACT 1 1 8 --+ - -+ 28+00 29+00 13TH AVE. S.W. 1- 60' WIOE PER o o + ~ ro on 30 001 25+00 26+00 660'(P) -I 27+00 "0 n I I I 35' I PROPOSED RIGHT OF WAY PARCEL 103FEE 11,550 SQ, FT. TRACT 119 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 AMERICAN DREAM BUILDER OR 2354/3357 PROPOSED TEMPORARY CONSTRUCTION EASEMENT~, 660'(P) TRACT 120 I I I! o o + m ~ on o o ;!; OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 FE! SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 103FEE A PORTION OF TRACT 119. GOLOEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 1,5, DF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE,'26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '. \ :'-"'." THE EAST 35 FEET OF SAID TRACT 119. , ... :}~ " " ;' (.I' ('.i CONTAINING11.550 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 40 I 80 I 160 I SCALE: 1"=80' BOARO OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I03FEE COLLIER COUNTY, FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" = 80' OATE 8-23-07 D\XTA "'C'=.on CONSULTING Civill'ngineering .&. ...., ,.A.. ..... Smvoying & Mopp;ng 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK103FEE SHEET OF 1 "ii ,1''''\ .-- I W E EXHIBIT Ii / Page 0 of ((3 I I I 100' WIOE I I-PER PLAT [' I -~~ - o o + '" <0 on s TRACT 11 8 --f- - -j-- 28+00 29+00 13TH AVE. S.W. 1- 50' WIDE PER PLAT o o + " <0 on 30 001 ---- o ~ 25+00 26+00 550'(P) -I 27+00 AMERICAN DREAM BUILDER OR 2354/3357 40'- o n TRACT 119 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 103TCE 1,500 SQ. FT. 55D'(P) o o + m C"- on TRACT 120 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ "" "1 PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)1 r//~ o o i EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 103TCE A PORTION OF TRACT 119. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 119. LESS AND EXCEPT; THE NORTH 30 FEET OF SAIO TRACT 119 (THAT PART BEING AN EXISTING ROADWAY AFOREMENTIONED PLAT), pAGE 15 OF THE PUBLIC 26 .EI\:;.T.. COLLIER COUNTY, . . CONTAINING 1.500 SQUARE FEET, MORE OR o I LESS. 40 I 60 I 160 I 8'1': MICH L A. WAR -'PROF SSIONALLAND SURVEYOR FLORIDA REGISTRATION CERTIFIC~TE' NO. 5301 SIGNING DATE:.' ,', NOT VALID WITHOUT THE ORIGINAL SIGNATURE '&; RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, f) 1,1)" SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 103TCE COLLIER COUNTY, FLORIDA JOB NUMBER SECTION )50106.02.00 0006 15 SCALE 1" ~ 80' DATE 8-23-07 D'XT^INC.~ . CONSULTING Civil~ .&. ...., U. .... S"""ying & """""'" 6610 Willow Park Drlv8, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK103TCE SHEET OF 1 Q , . .. , . . J " g " ~ Q a . Q " 6 Q ~ ~. ~ . ~ N W+E EXHIBIT A 1 0 8 Page I offl1 'f -+ a ~ 28+ 00 13TH AVE. 1- 50' WIDE PER I I, IJ 1 I II II o o + ~ ~ on S TRACT 1 1 7 550'(P) , ~ , 0' Q Q . ! o o o . ~ > . , . ~ o t PARKER OR 4285/1333 TRACT 11 8 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 o o + on ro on , '" t FLORIDA HOMES OF COLLIER COUNlY INC. OR 2490/3017 35' PROPOSED RIGHT OF WAY PARCEL 104FEE1 5,775 SQ. FT. ". Q ? & ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ ~ o - ) ~ N ~ Q ~- ~ " ~ 25+00 26+00 560'(P) -I 27+00 PLAT ---- -0 n II II I I o o + N ro on TRACT 1 19 OR = OFFICIAL RECORDS (BOOK/PAGE) lXx>Yi PROPOSED RIGHT OF WAY r//"j EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 1 04FEE1 FEe SIMPLE INTEREST A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNlY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNlY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH 165 FEET OF SAID TRACT 115. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 60 I 160 I ..... , . . i' :_,,' (') I( {[)!1~/c1, .' " CONTAINING 5.775 SQUARE FEET. MORE OR LESS. SCALE: 1"'='80' BOARD OF COUNTY COMMISSIONERS CO LLlER B 0 ULEV ARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 104FEEl COLLIER COUNTY, FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" = 50' DATE 10-24-07 D'XT^INC.~~ CONSULTING Civil~ ..&. ...., , .... .&. Smv""mg & MBpp;ng 6610 Willow Park Drlva, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK 1 04FEEI SHEET OF 1 , o o , Q ii: , < o "" ~ o CO o . o Q - ~ a o t. . K .~ , ~ l " o o . ! o o o - W ~ ~ . ~ i' ~. , ~ ~ ~. !f .. ~ ~ , o o < ~- ~ ^ ) o o < ~ < 3 & ~- , & " 2 ~ , ; ~ i1 " '1 N W+E EXHIBIT A 1 0 ; Page ~ of (( 3' s TRACT 1 1 7 I II li I I II II o o + m rn m 660'(P) o o + ~ rn m PARKER OR 4285/1333 TRACT 118 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 FLORIDA HOMES OF COLLIER COUNlY INC. OR 2490/3017 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 104TCEl 675 SQ. FT. 25+00 "0 --'2-. 28+ 00 13TH AVE. 1- 60' WIDE PER PLAT 26+ 00 660'(P) -I 27+00 --+- ---- ----- II II I I o o + N rn m '0 "' TRACT 1 1 9 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ ~ ~ PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)j r//~ TEMPORARY CONSTRUCTION EASEMENT DURATION ? YEARS. EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE LEGAL DESCRIPTION FOR PARCEL 104TCEl A PORTION OF TRACT 118, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNlY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WE.ST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 165 FEET OF SAID TRACT 118. LESS AN D EXCEPT; THE SOUTH 3D FEET OF SAID TRACT 118 (THAT PART BEING AN EXISTING PLAT). " ,'>"""'" :. o I ROADWAY EAS~MrN,T; PER;~Er07/TIONED . 1[,) J~/lil1 ByiJZ';i.PROiis',i;NAl LAND >CRVErOR FLORIDA REGISTRATION CERTIFICATE' NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL.: SURVEYOR AND MAPPER. CONTAINING 675 SQUARE FEET. MORE OR LESS. 40 I 60 I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1"==80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 104TCEl COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 15 D'lTA IN"~OD CONSULTING Civll~ .&. '" J.I.. ... S""",l'io8 &-.. 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 SCALE 1" ~ 80' DATE 10-24-07 FILE NAME UN26 SK104TCE1 SHEET OF 1 " ," " a a , . " . , < N W+E EXHIBIT Pa~ q of U;3 A108 o :c- " a a " a " a o . 6 " 6 a & ~. s TRACT 117 I I, ~ PARKER OR 4285/1333 35' PROPOSED RIGHT OF WAY PARCEL 104FEE2 5,775 SQ. FT. I PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ 5.-1 o o + .. ro on . " " ~ 660'(P) , a ~ " 8 ~ -'" a a a . ~ * , < " ~ ~ ,. " ~. TRACT 118 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 , ,g ~ ,. ,. , 1'1 " ~ ~ FLORIDA HOMES OF COLLIER COUN1Y INC. OR 2490/3017 ~ - ) ~ " ~ a . ,- ~ " , ~ 25+ aD 26+00 660'(P) -I II II I -~~ 0:: W ::J --' o u ~ -+ 2B+ 00 13TH AVE. S.W. I~ I 60' WIDE PER PLAT 29+001_ o o + n ro on 30 001 '0 ~ 27+00 -~-- ----- '0 n 11 II I I o o + CO> ro on TRACT 1 1 9 OR = OFFICIAL RECORDS (BOOK/PAGE) kXx><)j PROPOSED RIGHT OF WAY r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 104FEE2 A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGElS, OF THE PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE,2.Ei EAST. COLLIER COUN1Y. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH 165 FEET OF SAID TRACT 118. ..,..>, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUN1Y GOVERNMENT o I 40 80 160 I , ;' . , 1 . ,:'t, .: " .' j h~.;" 1;'1<(,&1'/ 8Y/W;/. MICHAEL A. WARD. PROFtSSIONAL LA'ND' SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO., 5301 SIGNING OAT~: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 5,775 SQUARE FEET, MORE OR LESS. SCALE: 1"""80' BOARD OF COUN1Y COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL l04FEE2 COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 RANGE 26 SCALE 1" = 80' DlX'A lNC'='on . CONSULTING Civil~ ... ...., U.. ..... SouvoyUJg & MOpp;ng 6610 Willow Park Drive. Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK 104FEE2 SHEET OF 1 ~ ~ N ." N o o , 0; " o . . o 0- N o ~ ~ 0; m ~ o o ~ N W+E EXHIBIT It J Pa~ (0 of i (3 1"1 , , tj ~ K> s TRACT 1 1 7 I I, 5' o o + '" ~ " .~ 550'(P) PARKER OR 4285/1333 40' o l , o o . .e, o o o m ~ TRACT 118 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 104TCE2 825 SQ. FT. ~ ~ " ~ ~ , , FLORIDA HOMES OF COLLIER COUNTY INC. OR 2490/3017 25+00 26+00 550'(P) -I I, I I' I JL_~~ o o + ., ro on ~ ~ , g' ~ '" ;;: 'Ii o o ~- . ^ ) ~ o , ~ .'1 ~ ~- , -+ 28+00 13TH AVE. S.W. 1- 50' WIDE PER PLAT 29+00[_ o o + '" ro on 30 001 ---- 27+00 ---- ----- ~ '0 ,.., II II I I o o + N ro on ~ ~ N ~ ~ <1 P " ~ TRACT 119 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)j r//~ EASEMENT TEMPORARY CONSTRUCTtoN EASEMENT DURATION :? YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE LEGAL DESCRIPTION FOR PARCEL 104TCE2 A PORTION OF TRACT 118. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK' 7.. PAGE' '15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SO\!TH"FiANGE 26. EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. :';").: ", THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 165 FEET OF SAID TRACT 11 " CONTAINING 825 SQUARE FEET, MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS HAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5:301 SIGNING DATE; NOT VAllO WITHOUT THE ORIGINAL SIGNATURE' & RAISEQ EMBOSSEQ SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. '~1Y/r , , ,,' . I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 60 I 160 I BY; COLUER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 104TCE2 COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 15 SCALE 1" = 80' DATE 10-24-07 DlX'A INC~on CONSULTING Civil~ 4 '-, ,... .a. SU<VeyIDg '" Mopping 6610 Willow Park Drive, Sulle 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX; (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK104TCE2 SHEET OF 1 " o o , . " . . < 9 " ~ N ~+ !W F . [ S ~ EXHIBIT Page II of A i(.:? 8 . ~ o o o . f ~ Q W o " ~. TRACT 117 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 II II II I o o + '" '" on 660'(P) POCCHI CONSTRUCTION INC OR 2620/1622 , o ~ " o o + '" '" on SOUTH 165' OF TRACT 117 POCCHI OR 3242/0271 35' PROPOSED RIGHT OF WAY PARCEL 105FEE 5,775 SQ, FT. on I I 0 0 II + on '" on I' 1 00' WIOE IPER PLAT ~ 660'(P) , !.' ~ ,. g" PROPOSED TEMPORARY CONSTRUCTION EASEMENT ... o '" ~ i} , 660'(P) ~ !1 ~ " ~ " m c ~ TRACT 11 8 OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>l PROPOSED RIGHT OF WAY r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE FEE SIMPlE INTEREST LEGAL DESCRIPTION FOR PARCEL 105FEE A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH 165 FEET OF SAID TRACT 117. CONTAINING 5.775 SQUARE FEET. MORE OR LESS. .,.,. ( ) SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I 80 I 160 I ;/JJ~.~/ BY: ',' '" ", MICHAEL A WARD, PROFESSIONAL LANd 'SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5;501, SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. ( ') SCALE: 1 "==80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 105FEE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" = 80' D'\1 ^ INC'~.uf.uon CONSULTING Civil~ .... '-, U.. .a.. S""'oyIDg&Mappmg 6610 Willow Park Drive, Sulle 200 Naples, Florida34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UN26 SK105FEE SHEET OF 1 ~ s ~ , ." , a a , ,; ~ . . o g N ~ a+ ~ ,; i W E P. , ! EXHIBIT A Page~ of ( ( j' TRACT 117 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 II [I II I o o + m ro on 660'(P) · s ~ ~ POCCHI CONSTRUCTION INC OR 2620/1622 ~ , 0' a a . ~ a a a . ~ o o + ro ro on " ~ r 5' on 660'(P) ~ . ~ , "i ~. SOUTH 165' OF TRACT 117 POCCHI OR 3242/0271 40' PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 1 D5TCE 825 SQ. FT. 'Ii - ~ ~ a a ~ ~ Ii " a z ~ . El & ~ 660'(P) TRACT 118 I I I [' [ , r100' WIDE I PER PLAT h o o + on ro on ~ ~ ~ , ~ ~ <1 , . , o OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ "'" "J PROPOSED 5' TEMPORARY CONSTRUCTION k>Y<x>1 PROPOSED RIGHT OF WAY I//~ EASEM ENT TEMPORARY CONSTRUCTION EASEMENT DURATION :5 YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 105TCE SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK?' 'PAGE' "'5 OF THE PUBLIC RECORDS OF COLLIER COUN'TY, FLORIDA. lYING IN SECTION 15. TOWNSHIP 49S0UJ~.. RANGE. 26 EAST. COLLIER COUN'TY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . : ,/ ' , . ,.,'r I '( i . THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 165 FEET O'6Fa SAID TRABCyT 117 :...,-~, .',..., ~"(J1' "'/"1 CONTAINING 825 SQUARE FEET, MORE OR LESS. i!d: I' '1{C, o 40 60 I I I I Ie EL A WARD, PROFESSIONAL LAND SURVEYOR FLORIOA REGISTRATJON CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 ~=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 105TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 850106.02.00 0006 REV 3 15 SCALE 1" ~ 80' DATE 10-24-07 D'lTA 1N"~on CONSULTING Civil &gineerlng .... '-, '.L .... Su<voying & Mowms 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239)597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME SHEET UN26 SKlOSTCE OF , f ~':) . .~ N ~ EXHIBIT A Page I:? of I ( s " C o > < R N ~ N ~+ 6 i W E 660'(P) II I 0; on " " ~ s TRACT 1 1 6 o o + o m on Q ~ , 5 ~ ,. g' NORTH 165' OF TRACT 117 POCCHI CONSTRUCTION INC OR 2620/1622 35' - , <> Q Q ~ :;. 2 o . 660'(P) ~ > , " W ,. "- ~. PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ 5.-1 ~ o '" ~ ~ " .. ~ TRACT 117 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED RIGHT OF WAY PARCEL lD6FEE 5,775 SQ, FT. 660'(P) ~ N '" ~ ;; . ~ ~ " ~ I POCCHI OR 3242/0271 I I I, I ~ I o o + " ro on o o + m m on OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 PROPOSED RIGHT OF WAY [//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 FE! SIMPLE INTEREST A PORTION OF TRACT 117. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 1'6 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. LEGAL DESCRIPTION FOR PARCEL 1 D6FEE THE EAST 35 FEET OF THE NORTH 165 FEET OF SAID TRACT 117. .'" SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNlY GOVERNMENT o I 40 I 80 160 I , : ' j ta'L' ',. ,:\', ,; J+.;/~,f, BY: , . " , , , , , , , , 0 .1. ~. "I';'~ I MICHAEL A. WARD, PROFESSIONAL LAND, SURVEYOR FLORIDA REGISTRATION CERTIFICATE ,NO. 5;301 SIGNING DATE: . , l NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER.' . CONTAINING 5.775 SQUARE FEET. MORE OR LESS. SCALE: 1"=80' BOARO OF COUNlY COMMISSIONERS COLDER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 106FEE COLLIER COUNTY, FLORIDA JOB NUMBER J50106.02.00 0006 SCALE 1" = 80' OATE 10-24-07 D\XTA lNC'~~n CONSULTING Civil~ ' .... '-, '.L ..... Swv.,IDg & MOpp;ng 6610 Willow Park Drive, Suite 200 Naplas, Florida 34109 Phona; (239) 597-0575 FAX; (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK106FEE SHEET OF 1 ~ ~ , .~ , a a , a ::: > . 9 ~ N ~ ~+ a ~ i W E " ~ ~ s , f 0' a a " ~ a a a . ~ ~ " Q F " ~ ~. ~ ~ ~: , 'I: '" ~ , n a B; ~ , " " o < ~ .0 & ~ , ~ ~ ~ , ~ <; . R Q ~ EXHIBIT A Page f4- of i( 3 660'(P) to I' I 0; m ~ ~I I 'I I D TRACT 116 D + D I m I, m I I 660'(P) PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 106TCE 825 SQ. FT. NORTH 165' OF TRACT 117 POCCHI CONSTRUCTION INC OR 2620/1 622 TRACT 117 GOLDEN GATE ESTATES 660'(P) UNIT 26 I _100' WIDE PLAT BOOK 7 PAGE 15 PER PLAT ,- II I D D POCCHI + C"- OR 3242/0271 I I '" m II I II I D D + '" '" m EASEM ENT TEMPORARY CONSTRUCTION EASEMENT DURATION ~ YEARS. OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION ~ PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 106TCE A PORTION OF TRACT 117. GOLDEN GATE ESTATE5. UNIT 26 AS RECORDED IN PLAT BOOK 7. pACE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, ~ANGE26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 165 FEET OF SAID TRACT CONTAINING 825 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNl'f GOVERNMENT o I 40 I 60 160 , BY; .' 1.11 A A.' WARD,. PROFEssioNAL LAND, SURVEYOR FLORIDA REGISTRATION. GE,Rj'fIFICATE NO.. .5301 SIGNING DATE: ' NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL'SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNl'f COMMISSIONERS COLDER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 106TCE COLDER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 15 D\lTA m,,=.= CONSULTING Civil~ .... '" u. ... Sunooying & MOpping 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX; (239) 597-0578 LBNo.:6952 FILE NAME SHEET UN26 SK 1 06TCE OF 1 SCALE 1" ~ 80' DATE 10-24-07 ~ ~ ~ N .~ ~ a , . ~ > < 9 -;; a a '" ~ a " e ~ b a t '1 r I"< r }",t 0:.(.':.;; 1\ EXHIBIT A Page (~ of...lLZ N w+, 660'(P) 1'1 ;' I o o + N '" on . <i a a ~ " a a a . ~ 660'(P) TRACT 11 6 GOLDEN GATE ESTATES UNIT 26 . PLAT BOOK 7 PAGE 15 5 PROPOSED TEMPORARY I CONSTRUCTION EASEMENT-........... 35' I I, 1_100' WIDE PER PLAT s LAMB OR 2331/1208 ~ , f " > , . ~ ! -[ ~. SOUTH 180' OF TRACT 116 MORALES OR 4285/2827 PROPOSED RIGHT OF WAY PARCEL 107FEE 6,300 SQ. FT. o o , ~ W ,. g" '" a '" ~ ~ a o " !r 660'(P) o o + '" ro on TRACT 1 1 7 ~ N ~ a ~ . ~ o o + ro ro on . ""t ""......-- OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)i PROPOSED RIGHT OF WAY [/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 USE FEE SIMPlE INTEREST LEGAL DESCRIPTION FOR PARCEL 107FEE A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 46 EAST. COLLIER COUNTY, FLORIOA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 116. CONTAINING 6,300 SQUARE FEET. MORE OR LESS. .'''' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I 80 I 180 I . I,j (' : ~ ( '\: 1(> :"~.'.. ,', JJj~(1l1 BY: " . /.., , MICHAEL A. WARD, PROFESSIONAL 'LAND ~URVEYOR FLORIDA REGISTRATION CERTIFICATE ~O. :5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 "=80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 107FEE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" = 80' DATE 10-24-07 DlX'A INC'~~on CONSULTING Civil~ .... '-, ,.... .... S"",,)ing&Mapp;ng 6610 Willow Park Drive, Sulte 200 Naples. Fiorida34109 Phone: (239)597-0575 FAX: (239) 597.0578 LBNo.:6952 FILE NAME UN26 SK107FEE SHEET OF 1 ~ ~ , ." , Q Q , 0; t . . 9 , ~ N @+ ~ " 8 W E & ~. ~ ii S ~ EXHIBIT It Page Ie; of 1(3 660'(P) n :1 I o o + N m "' LAMB OR 2331/1208 I II f---100' WIDE I PER PLAT , o l , ~ o o ~ :0- Q Q Q . ~ " , ~ o r ". go " TRACT 11 6 GOLDEN GATE ESTATES 660'(P) UNIT 26 PLAT BOOK 7 PAGE 15 5'- , '" ~ ~: , " ~ ~ n a ~ il o n " Q < ~ 9- ~ ~ ~ SOUTH 160' OF TRACT 116 MORALES OR 4265/2627 40' PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ PARCEL 10lTCE '\ 900 SQ. FT. ;; ~ ~ 0; ~ ~ o ~ 660'(P) I I 0 0 + m <0 TRACT 117 "' I ~ I II I 0 0 I I + <0 <0 "' I, I .........' "",..,,... OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION kXxXx>1 PROPOSED RIGHT OF WAY [//~ EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 10lTCE A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15'OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH, ,RANGe' '26. EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS " /; ,; j hI"" / ;:~::c' ';:~::':;'CT~~ ,~:,~:; :;,:" oc:~ '" eerr :~ '^" ''':' "/tiJlJiu:;,/." 1 SKETCH & DESCRIPTION ONLY I I I I MICHAEL A. WARp, PROFESSIONAL LANO SURVEYOR FLORIDA REGISTRATIOt-l CERTIFICflle 'NO. 5301 NOT A BOUNDARY SURVEY SCALE, l"~BD' SIGNING OAT" '.. ", FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o;L6~~~ ~~~I~~IR~~E p~~I~~~~~O~~~N~1~~~~R R~~JOM;~~~R~SED SEAL OF COLLIER BOULEY ARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 107TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION J50106.02.00 0006 REV 3 15 SCALE 1" = 80' DlXTA lNC~on CONSULTING Ci.vll~ .... '-, '.I.. .... Smv,ying&""'win8 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK107TCE SHEET OF 1 ~ ~ N .~ N o o , . " EXHIBIT A 1 0 Page {7 of i (.5' , < o :.- N ! N ~ IW+E ~ ~. ~ , ~ ~ TRACT 1 1 5 r: II I II + ., ~ on 660'(P) s o '" ~ -.J => o w '" w ::J -.J o o o o + '" ~ on , f " o o . ~ o ~ ~ , ~ , ~ " , 1 , , 5' " i: , ~ o '" & ~ & < 2 TRACT 11 6 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED RIGHT OF WAY PARCEL 1 D8FEE 5,250 SQ. fl. 35' 660'(P) PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ NORTH 150' OF TRACT 116 LAMB OR 2331/1206 660'(P) ~ I MORALES I OR 4285/2827 I, II I ~ I I 660'(P) I o o + o ~ on N ~ a ~ 1 o o "- OR ~ OFFICIAL RECORDS (BOOK/PAGE) lXxX)j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 FEe SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 1 D8FEE A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE. 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . . I" , THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 116. ",. CONTAINING 5.25D SQUARE FEET. MORE OR LESS. o 40 80 SKETCH & DESCRIPTION ONLY I I NOT A BOUNDARY SURVEY SCALE, ,"=80' FOR, COLLIER COUNTY' GOVERNMENT BOARD OF COUNTY' COMMISSIONERS 160 I COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 108FEE COLLIER COUNTY. FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" = 80' DATE 10-24-07 D\XTA lNC=.on CONSULTING Civil~ ' .&. '-, '.L .a. SU<Ve)'ing & Mopping 6610 Willow Park Drive, Suite 200 Naples,Florlda34109 Phone; (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK108FEE SHEET OF 1 a o " o ~ , ." , a a , " " " . < a / , a a " ~ a " " ~ " a & ~. EXHIBIT A Page {g of rr.? '} 'J I , a ~ TRACT 115 r: II I II + " m "' N W+E 660'(P) . . ~ s o '" ~ ...J => o ill '" w :J ...J o U o o + n m "' " a a . ,; a a a . r ~ . f ~. ~. ~ f ~r TRACT 116 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 40'- 660'(P) NORTH 150' OF TRACT 116 lAMB OR 2331/1208 5'- PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ PARCEL 108TCE 750 SQ. FT. 660'(P) m "' 1l '" " t ~ ~ c e " a , ~ '3 & ~ & " Ii' I MORALES I OR 4285/2827 II II I ~ I I 660'(P) I o o + o m "' I~ " . . - ~ " . ~ Q ~ o o + OR = OFFICIAL RECOROS (BOOK/PAGE) ~ '" "'J PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)j r//~ EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION 3 YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE LEGAL DESCRIPTION FOR PARCEL 108TCE SKETCH & OESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUN1Y GOVERNMENT A PORTION OF TRACT 116. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANG~' 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .' ;::,::::c',;:;oo~:;~~~"::::: ::'''~ '" em:~~" '~"OM~7 MICHAEL.A.."WARD,' PI;lOFESSIONAL LAtlil'SURVEYOR ! I FLORIDA REGISTRATION r;;p~TIFICNE; 'NO. .5JOl SIGNING DATE:,' .. (I. NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISE!) EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL 'SURVEYOR A/-!D rMAPPER. SCALE: 1"=80' BOARD OF COUN1Y COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 10BTCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 15 SCALE 1" ~ 80' D'lTAINC.=.on CONSULTING Civil~., .... '-, ,... .... S"""yIDg & MOppIDg 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME SHEET UN26 SK108TCE OF 1 , G ~ o " N > < e N G ~--+ Q " Q ~ --- ~ . " Q & ~. EXHIBIT It PagE) I or of i l J 660'(P) -I -+ I 50' WIOE PER I_I PLAT ~ n 29+001- m on o o ~ ~ 2 Q " " ~ , . , o f l' 660'(P) TRACT 115 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE II I, I II I I o o + on m on N !o W+E ~ - ~ ROORIGUEZ OR 4016/3635 Lloo' WIOE 1- PER PLAT s " ~ r SOUTH 150' OF TRACT 115 GONZALEZ OR 4254/4055 5' PROPOSED RIGHT OF WAY PARCEL 109FEE 5,250 SQ. FT. o o 15 PROPOSED TEMPORARY I CONSTRUCTION EASEMENT-.......... .... G ;; ~ ~ ~ 2 550'(P) TRACT 116 ,I 0 0 I + N m on I 1100' WIDE - PER PLAT , II I 0 0 rr-l + RRn'(pl 0; .0 ~ f ~ Q " OR = OFFICIAL RECORDS (BOOK/PAGE) M(j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 FE! SIMPl.e INTEREST LEGAL DESCRIPTION FOR PARCEL 1 D9FEE A PORTION OF TRACT liS, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH 150 FEET OF SAID TRACT 115. .-""" CONTAINING 5.250 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 1 BO 1 160 1 '. , . ~,i' I , : ., r ',.' . /Wjr;2fJ3D1 ~CHAEL A. WARD, PROFESSIONAL LAND SURVEYOR ~~g~~~ ~;-?~;TRATION CERTIFICATE NO, 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 109FEE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' D\lTA INC~~on CONSULTING Civil~ ..&. ....., u. ..... Smveying & Mapping 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597"0578 LBNo.:6952 FILE NAME UN26 SK109FEE SHEET OF 1 " G G , a " . h . 9 EXHIBIT A Page ;:( 0 of i l .:? 1~ t' j, " ."..... \,.0'1' ;) " 8-+ -" ~ G a 01-___ ~ " G ~ ~ 660'(P) -I -+- I 60' WIOE PER I I PLAT 1.0 "' 29+001- m on ---- . ~ .~ N w+E RODRIGUEZ OR 4016/3635 I~ II I II I I o o + on m on ~ , G , g " G G . 3, G G G . f ~ . ~ ,. "- ~. s Ll00' WIDE 1- -PER PLAT ~ TRACT 115 GOLDEN GATE ESTATES 660'(P) UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT-.......... PARCEL 1 D9TCE 5' ;g r SOUTH 150' OF TRACT 115 GONZALEZ OR 4254/4055 . 750 SQ. FT. o o ... ]; ~ , o ~ ~ c o " G , ~ "! ~ i} , ~ . ~ ~ " f a ~ <1 c . ~ 40' 660'(P) TRACT 11 6 ,I I o o + N m on RRn'(p) I II I rr-l f--l00' WIOE I PER PLAT ~ , o o + ~ OR = OFFICIAL RECORDS (BOOK/PAGE) ~ ,,"'1 PROPOSED 5' TEMPORARY CONSTRUCTION lX.(<;>j PROPOSED RIGHT OF WAY r//~ EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION :3 YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 1 D9TCE A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. SKETCH & DESCRIPTION ONLY NOT A BOUNOARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I ,,,,!, I"" .,' OF SAID TRACT 115t/J;";""?JJM' . '. . j r) , ( , . , !~f;~(o7 . \ pi, 160 8)' -l>' { " I MICHAEL A. . WARD; PiWF'ESSIONAL LAND SU~',l~YOR' FLORIDA REGISTRATiON "1Jf;RTIFJCATE NO.: 5,)01,1,." SIGNING DATE;. . I, " ."" . ,{; >" NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED 'EMSOS'SEDSEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 150 FEET CONTAINING 750 SQUARE FEET. MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL l09TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 15 SCALE 1" ~ 80' DATE 10-24-07 D'lTA mc.~on CONSULTING Civil~ .&. '-, u.. ..... S""",yWg & Maw.,. 6610 Willow Park Drive, Suite 200 Naple8, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 LBNo.:6952 FILE NAME UN26 SK109TCE SHEET OF 1 ~ ~ ~ , .- , o o , . l::: > . o , 2 ~ N - 0+ <5 . ~ t : w [ . ~ S EXHIBIT A 10 Page?"1 of [(.? ~ o o + " m on ~ , ~ . [ i ~. 35' PROPOSED RIGHT OF WAY PARCEL 110FEE 6,300 SQ. Fr. 00 TRACT 114 o l , 25+00 26+00 650'(P) -I 27+00 ~+O{}i; 11TH AVE. S.W. -+ 50' WIDE 'pER PLAT '10 "' , - ~ o o 1- o o g ~ r NORTH 180' OF TRACT 115 RODRIGUEZ OR 4016/3635 PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ TRAcT 115 5'---1 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 I: I o o + '" m on ... o '" ~ ~ 550'(P) ~ ;: GONZLEZ OR 4254/4055 ~ ~ ~ . ~ 560'(P) II 11 OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED RIGHT OF WAY [//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 110FEE A PORTION OF TRACT 115. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE ,29 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH 180 FEET OF SAID TRACT 115. ""' CONTAINING 6,300 SQUARE FEET, MORE OR LESS. : I,' . >, ii SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 60 I 160 I BY: ", ." MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE .NO. 5J01 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSEDSEAl OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARO OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 11 OFEE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" = 80' DATE 10-24-07 D'XTA !NC=- CONSULTING Civil~ ..... "" , .... ... Surveying & Mapping 6610 Willow Park Drive. Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 LBNo.:6952 FILE NAME UN26 SK110FEE SHEET OF 1 ~ , ~ N .~ N o o ~ o . ~ > < o N o o '" a o <5 " ~ o i ~ " ~ N W+E ~ s TRACT 114 s , f ~ 25+00 25+00 550'(P) -I 27+00 28+00 11TH AVE. S.W. -+ I 1_ 50' WIDE PER PLAT o o x- o o o m ~ ~ " ~ o. I -----~- 40'- PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ PARCEL 110TCE 750 SQ. FT. ~ " ~ ~: , 'Ii c ~ , o o < m ~ ii " o 2 ~ < 9 o o ~ NORTH 180' OF TRACT RODRIGUEZ OR 4018/3635 115 660'(P) TRACT 115 GOLDEN GATE ESTATES UNIT 26 PlAT BOOK 7 PAGE 15 GONZALEZ OR 4254/4055 ~ ~ i 550'(P) ~ <5 iJ ~ " ~ "' EXHIBIT A Pa~ J..:J.. of Ii.)' I } ( o o + e- m on -0 n o n 5'- " m on I: I II 1 n o o + '" m on TEMPORARY CONSTRUCTIONEASBMENT DURATION :? YEARS. OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION k><xX/j PROPOSED RIGHT OF WAY r//~ EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 LEGAL DESCRIPTION FOR PARCEL 110TCE A PORTION OF TRACT 115. GOLDEN GATE ESTATES, UNIT 25 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 180 FEET OF SAIO TRACT 115. LESS AND EXCEPT: THE NORTH 30 FEET OF SAID TRACT 115 (THAT PART BEING AN EXISTING ROAOWAY EASEMENT CONTAINING 750 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 160 , 40 I 80 I ,"" SCALE: 1 ~=BO' BOARO OF COUNTY COMMISSIONERS BY, 1,11 HAEL A'. W4.RO, 'PROFESSIONAL LAND SURVEYOR FLORIDA REGISmI\TION. yERTIFICATE NO., 5301 SIGNING ?ATE: ,., '. ,..,.", NOT VALID WITHOUT THE ORIGINAL SIGNATURE de RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED' PROFESSIONAL SURVEYOR AND MAPPER. COLUER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 11 OTCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 2 15 DATE 8-23-07 SCALE 1" = 80' D'XTA INC~on CONSULTING Civil~ .&. ...., , .... .... Sonvcyffig & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SKll0TCE SHEET OF 1 c , " " .a , 8 . EXHIBIT n Page ;2 S of 1 (3 lOB c . > < e , a ,t; ~ a " . b , g & ~. N W+E 660'(P) o o + m m on 105' WIDE PER PLAT - , s BROOKS VILLAGE PB 99, PG 27 , o o + '" m on . '- ~ , " , ! 660'(P) EAST LINE OF PLAT OF BROOKS VILLAGE PB 99, PG 27 D ~ -' ::> o m l>: W :3 o u o o + ~ m on . " ~ ! o o ~ ~ ~ ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY PARCEL 111 FEEl 169 SO. FT. POINT OF COMMENCEMENT [ t ~:/ /..~. :;77/ ~ //..// / ~ -'~- ,. g" o n 7/~. 'lMo~ / / ,/ A 1l6./ / 660'(P) ,/ / 11TH AVE. S. W., ./ ,/ j- 60' WIDE PER PLAT ~----- --- SOUTH LINE OF PLAT OF BROOKS VILLAGE PB 99, PG 27 o o + :Q 'I; ,!>- ~ if , ~ " ;: [ , ~ ;; LINE L1 L2 L3 L4 L5 LINE TABLE BEARING NOO'29'08"W S89' 31'05" W S89' 31 '05" W N33'12'29"E SOO'29'08" E LENGTH 30.00' 5.00' 15.00' 27.04' 22.50' ~ , ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PU8L1C PER PLAT BOOK 7, PAGE 15 TRACT R-1. PLAT BOOK 99. PAGE 27, PUBLIC RECORDS. CLOOIER COUN1Y, FLORIDA LEGAL DESCRIPTION FOR PARCEL 111 FEEl A PORTION OF TRACT" I" (FUTURE DEVELOPMENT) OF THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK 99, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUN1Y. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. I" " ~ W0A rx"/'I r//~ fEe SIMPlE INTEREST PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT R-1 AS RECORDED IN PLAT BOOK 99. PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA; THENCE N.OD'29'08"W.. ALONG THE EAST LINE OF SAID TRACT R-1. FOR 30.00 FEET; THENCE S.89'31'D5"W.. FOR 5.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.89'31'D5"W.. FOR 15.00 FEET; THENCE N.33' 12'29" E.. FOR 27.04 FEET, TO A POINT ON THE WEST LINE OF SAID TRACT R-1; THENCE ALONG THE SAID WEST LINE OF TRACT R-1. S.DO'29'08"E.. FOR 22.50 FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED PARCEL. CONTAINING 169 SQUARE FEET MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A 80UNOARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 ao 160 I ~ L E! ~/J4!~LA 0 SURVEYOR ~ISTRATIONC Al!f' SIGNING DATE "0 NOT VAUO WITHOUT THE ORIGINAL SIGNATUR RAIS EMBOSSEQ SEAL OF A FLORIDA REGISTERED FROFESSIONAL SURVEY R AN MAPPER. SCALE: 1 "=80' OF COUNTY COMMISSIONERS JOB NUMBER 050106.02.00 0006 SCALE 1" - 80' O\lT^n<"~on CONSULTING Civil~ .&. .... f f.L ... _"'_ 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: {239) 597-0578 L8No.:6952 FILE NAME UN26 SKll1FEE1 SHEET OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL II IFEEI COLLiER COUNTY, FLORIDA ." """ n r ~ N ! U!J ~ o . IT Page J.4- of itS c " - 9 = Dl ~ 660'(P) o o + m m ~ 5' N I W+E ~ " 8 ~ . s [ 10S' WIDE PER PLAT - , ~ o o + " m ~ [ 660'(P) EAST LINE OF PLAT OF BROOKS VILLAGE P8 99, PC 27 o ~ ...J ::> o ro 0:: w :J ...J o U o o + ~ m ~ . " o o . -" o o ~ ~ J- l' " f f. ~ i ;: ~ f ~ .- [ ~ -" " BROOKS VILLAGE PB 99, PG 27 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 111TCE1 161 SQ. FT. ~ . [ ~ ~ '>>~/?~. . ~ ' ,/ ,,/,/ // co . .._.!. . l. g' SOUTH LINE OF PLAT OF BROOKS VILLAGE PB 99, PC 27 o o + ~ LINE L1 L2 L3 L4 L5 L6 L7 LINE TABLE BEARING NOD'29'D8"W S89'31'05"W S89' 31 '05" W NOO'33'14"W N33' 12'29" E SOO'29'08"E S33'12'29"W LENGTH 30.00' 20.00' 5.00' 1.51' 36.05' 9.01' 27.04' TEMPORARY CONSTRUCTION EASEMENT DURATION '3 YEARS. ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) ! ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION l:;r~:;;j ~/~Xj I//~ EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 TRACT R-1. PLAT BOOK 99. PAGE 27. PUBLIC RECORDS. CLOOIER COUN1Y. FLORIDA LEGAL DESCRIPTION FOR PARCEL 111TCE1 A PORTION OF TRACT" I" (FUTURE DEVELOPMENT). OF THE PLAT OF BROOKS VILLAGE AS RECORDED IN PLAT BOOK 99. PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUN1Y. FLORIDA BEING MDRE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT R-1 AS RECORDED IN PLAT PUBLIC RECORDS OF COLLIER COUN1Y. FLORIDA; THENCE N.OO'29'08"W" ALONG THE EAST LINE OF SAID TRACT R-1. FOR 3D.DO FEET; THENCE S.89'31'05"W.. FOR 20.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUE S.89'31'05"W., ALONG SAID NORTH LINE. FOR 5.00 FEET; THENCE LEAVING SAID NORTH LINE N.OO'33'14"W" FOR 1.51 FEET; THENCE N.33'12'29" E. FOR 36.D5 FEET; THENCE S.OO'29'08"E.. 9.01 FEET: THENCE S.33'12'29"W.. FOR 27.04 FEET BOOK 99, PAGE 27 DF THE TO THE POINT DF BEGINNING OF HEREIN SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 80 160 I .w!2_ ~,,_" FLORIDA REGISTRATlOJlL1~~IF'ClT~. 5301 SIGNING LiATE: t 0 vv NOT VAUD WITHOUT THE ORIGINAL SIGNA E &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL S RVEYO AND MAPPER. CONTAINING 161 SQUARE FEET MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL lI1TCEl COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 0501D6.02.0D 0006 15 SCALE 1" ~ 80' D\lT^INC~ CONSULTING Civil~ ..... ....., ,..... .a. __&_ 6610 Willow Park Drive, Sulle 200 Naples, Florida 34109 Phona:(239) 597.0575 FAX: (239)597-0578 LBNo.:6952 FILE NAME UN26 SK111TCEl SHEET OF 1 Page d-.S- of -..,u " .) 660'(P) , , , ~ , " , ; " l , , ~ N W+E EAST LINE OF TRACT 113 I ~ o o + N o <0 NORTH 180' OF TRACT 113 SEMBLER FMLY PRTNRSHP #41 LTD OR 4140/1022 SOUTH liNE OF TRACT 11 J 5' s PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 111TCE2 BOO SQ. FT. 660'(P) TRACT 113 TRACTS 111 - 11 4 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 SOUTH 150' OF TRACT 113 SEMBLER FMLY PRTNRSHP #41 LTD OR 4140/1041 r .... 660'(P) o o + m m '" - I TRACT 114 POINT OF COMMENCEMENT ~100' WIDE PER PLAT SEMBLER FMLY PRTNRSHP #41 L TO OR 4140/1041 o o + LINE L1 L2 L3 L4 L5 L6 LINE TABLE BEARING NOO'29'08"W S89'30'52"W S89' 30' 52" W NOO'29'OS"W NS9'30'52"E SOO'29'08" E LENGTH 67.32' 5.00' 5.00' 160.00' 5.00' 160.00' OR = OFFICIAL RECORDS (BOOK/PAGE) ~ "" ~ PROPOSED 5' TEMPORARY CONSTRUCTION ~ r//~ EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION S YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE LEGAL DESCRIPTION FOR PARCEL 111TCE2 A PORTION OF TRACT 113 GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 113; THENCE N.OO'29'OS"W.. ALONG THE EAST LINE OF SAID TRACT 113, FOR 67.32 FEET; THENCE S.S9'30'52"W., FOR 5.00 FEET; TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE S.S9'3D'52"W., FOR 5.00 FEET: THENCE N.DO'29'08"W., FOR 160.00 FEET; THENCE N.89'30'52" E.. FOR 5.00 FEET; THENCE S.OO'29'OS"E., FOR 160.00 FEET TO SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I 80 I 160 I ....... .~I" .- ,..:>' '~..::..' ,.' / (t. (" ') ~ i; HERtlJEIN DE;>C~I,~ED PjlRCEL: ~ ", I) .' ):,;' !(;I~.$!~1 .: "'~.:' ,.I, BY: "" .' ; MICHAEL A. WARD, PRPFESSIDNAIJ UNo. SURVEYOR FLORIDA REGISTRATION CERTIFICATE" NO,' 530.1 SIGNING DATE; , , THE POINT OF BEGINNING OF THE CONTAINING 800 SQUARE FEET MORE OR LESS. SCALE: 1 "=80' OF COUNTY COMMISSIONERS No.T VALID WITHOUT THE ORIGINAL SIGNATURE' & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 111 TCE2 :OLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 50106.02.00 0006 REV 3 15 SCALE 1" - 80' DATE 10-24-07 DlXTA rnc'=tion CONSULTING Ci.vil~ .&. '-, '.L .... Snnooying & Mapping 6610 WJlJow Park Drive, Sulle 200 Naples, Florida 341 09 Phone; (239) 597-0575 FAX; (239) 597-0578 LB No.: 6952 FILE NAME SHEET UN26 SK111TCE2 OF 1 ~ ~ ~ CANAL -~T :;0 '" o "1J . _~L ;; " ~ 39TH STREET ~ o ~--- Q i ~ Q ~ ~ g ~ ~ TRACT 151 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 [ I I I I I I I I [ I I I r I I I I ~ ~ . I ~ , ~ z ~ o~:;:! ;gr;li>> ~:I:q ~oo ,~'TJ ~1Il:<l C) z> 000 ...., 8 ~ i ~ ~ ~ ~ ~ o r ,} g . !!! e / ~ ~ ~. ~ . J ~ ~ ~ ~ ~ " ? , ~ . ~ PROPOSED ROADWAY EASEMENT PARCEL 112RDUE 28.364 SQ. FT. I I PROPOSED TEMPORARY ~ CONSTRUCTION EASEMENT PARCEl.. 112TCE I r ~ I [ I I '71' f'lt1") I' - . .;..... CANAl -- ---- \ - 39TH STREET il===~ -= I : "+z I EXHIBIT'" A I Page ;.l G of...L.Li. I I I I I I I I I I LI I l---T" WEBER BOULEVARD TRACT 1 50 OR = OFFICIAL RECORDS (BOOK/PAGE) p<)<)1 PROPOSED ROADWAY, DRAINAGE, AND UTllI1Y EASEMENT (RDUE) I' ''J EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAl USE ~...I OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAl DESCRIPTION FOR PARCEL 112RDUE A PORTION OF TRACT 151, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COWER COUN1Y, flORIDA, LYING IN SECTION 14-, TOWNSHIP 4-9 SOUTH, RANGE 26 EAST, COLLIER COUN1Y, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 4-5 FEET OF THE NORTH 75 FEET OF SAID TRACT 151, LESS AND EXCEPT; THE WEST 60 FEET OF TRACT 151 (THAT PART BEING AN EXISTING AFOREMENTIONED PLAT) CONTAINING 28,364- SQUARE FEET. MORE OR o I LESS. 40 80 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE, '"=80' FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNlY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 112RDUE COLLIER COUNTY, FLORIDA SCALE 1" = 80' fIERPET1JAL, NON-EXCLUSIVE ACW) RIOHT.()F~Y, DRAINAGE AND UTIUTY EASeMENT ROADWAY EASEM1T, P;~ ,;E /' 160 'Wfr<^/ I MICHAEL A. WAAC. PRO~~ lAND SURVEYOR FlORIDA REGlSTRATlONh EdlO. 5301 SIGNING DAre 7 I PD NOT VAUO WlTHOlJT 11-lE ORIGINAL SIO~ RAISED EMaOSSED SEAL OF A FLORIo,.. REGISTERED PROFESSIONAl RVEYOR AND MAPPER. O'lT^~~ CONSULTING Ovil~ ........, ,.... .a. _"_ GIN 0 WlRow Park Drlva, Swla 200 Naples, Florida 34109 Phone: (239)597.0575 FAX: (239)591.Q578 lB No.: 6952 FILE NAME UN27 SK112RDUE SHEET OF 1 JOB NUMBER 050106.02.00 0006 % I ~ ~ ,. ~ o o ~ <; ~ . . o i ~ <; . ~ 8 o t . ~ ~ . , f , ~ 2 . ,!, o o o . ~ ~ ~ ~ ~ ~ ~. ~ ~ ~: , &: ~ ~ ~ ~ .. ~ ~ ~ ;; ~ , <1 ~ a o ~ ~ EXHIBIT f1 Page ?.. / of ( I '3 LEGAL DESCRIPTION (PARCEL 112 TCE) A PORTION OF TRACT 151. GLODEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 151; THENCE S.00'28'54"E., ALONG THE EAST LINE OF SAID TRACT 151 FOR 75.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE S.00'28'5<f' E.. ALONG THE SAID EAST LINE FOR 5.00 FEET; THENCE S.89'30'42"W. FOR 103.62 FEET; THENCE S.OO'28'54"E. FOR 10.00 FEET; THENCE S.89'30'42"W. FOR 30.00 FEET; THENCE N.00'28'54"W. FOR 1 0.00 FEET; THENCE S.89'30'42"W. FOR 132.41 FEET; THENCE S.00'29'08" E. FOR 10.00 FEET; THENCE S.89'30'42"W. FOR 100.00 FEET; THENCE N.OO'29'08"W. FOR 1 0.00 FEET: THENCE S.89'30'42"W. FOR 263.88 FEET; THENCE N.00'30'46"W. FOR 5.00 FEET; THENCE N.89'30'42"E. FOR 629.91 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 4.450 SQUARE FEET. MORE OR LESS. BEARINGS ARE BASED ON STAET PLANE COORDINATES, FLORIDA EAST lONE. TEMPORARY CONSTRUCTION EASEMENT DURATION :1 YEARS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLliER COUN1Y GOVERNMENT o I .MdA:,:u",_ FLORIDA REGISTRATIQ~CERr/f.IF T~ NO. 5301 SIGNING DATE: 7 "'Z1f Of!) NOT VALID WITHOUT THE ORIGINAL SI NATUR & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. 40 I 60 I 160 I SCALE: 1"""80' BOARD OF COUN1Y COMMISSIONERS COLLIER BOULEVARD DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMEN PARCEL 112TCE COLLIER COUNTY, FLORIDA O\lTA INC.~~ CONSULTING CiviJPngi~ .&. ..., , .L .&. s.....,mg & Mapp;ng 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UN27 SKl12TCE SCALE 1" = 80' DATE 8-23-07 SHEET OF2 ~ ~ ~ 3 ~ - , ,. , o o . !'? ~ [) IL CANAL -~ANAL --- -~To @~ \---- 39TH STREET ~, :; 39TH STREET - - - kY<J< ~" ~~~ X"~ I + >( "" "'- '\ 1-0 /' "'" fl~I' I (j) ~ z ~SS~ " ~ ~:;~ I EXHIBIT A ~~ I I Page;:1fS ours kYY<~ ~II L10~~ I 7 ^ /)<i';;l,'- -5~i'i~ I "/ ~x>9< ~;: / ,;,;>< X :Ii; , I 1/ ""YX ~\ 1/ ~~,~~ PROPOSED ROADWAY ::a -,x X \\ I EASEMENT PARCEL 112RDUE X'x >< '" '" ~'" '" I )< 0X '" '" ~~~ I ?Y>o",,,,- ~~ I ~;~~ I ~~~~ ,$ x "'~ "'- r~J, ,,,rn,,,,, "''''' I x x"''''' or THE NORTH 180 OFT - c;~ ~ TIlACT151,lJNITZ1 l.,.)\ ~POINT OF), '/ H POINT OF 1 ~~ ~ . COMMENCEMENT J WEBER BOULEVARD I L2 L1 I ~ ~ , ~ / ~ o a ~ ~ g ~ ~. TRACT 151 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 ~ ~ , ~ , ~ 2 ! o o o . ~ , z o ;0 o~:;! ;o~o; c!)"'o. 000 ~~." ~r.n;;j 0)2:> 0(')(') .--< TRACT 150 ~ " o ! ~ ~. ~ ~ ~ ~ ,. , '11 " ~ ~ , ~ ~ ~ ~ , ~ ;;; <l ~ ~ ~ , " ~ PROPOSED TEMPORARAY _____ CONSTRUCTION EASEMENT PARCEL 112TCE 4,450 SQ. FT. --T en ] "I:::''I'(n\ 61 LINE TABLE BEARING S00"2B'54' E S00"2B'54' E SB9'30'42"W S00"28'54' E S89'30'42'W N00"28'54'w SB9'30'42"W SOO'29'08" E SB9'30'42'W NOO'29'OB"W S81nO'42"W ~ .iN<l'O"fO'46':W BY! fJ (lty "-/ ".~ICHAEL A. WARD. PROFESSIONAL lAND SURVEYOR FLORIDA REGISTRATION CER~n~ 1,' 5~1 SIGNING DATE: "''/ l,.tJ P17 NOT VAUD WITHOUT THE ORIGINAL SIGNATURE RAlS D EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. OR = OFFICIAL RECORDS (BOOK/PAGE) fXxXx>j PROPOSED ROAOWAY. DRAINAGE, AND UTILITY EASEMENT (ROUE) I' ,'.J EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL USE '~-.J OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 f/ / ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURA nON ~ YEARS. LINE L1 L2 L3 L4 L5 L6 L7 LB L9 L10 L11. L12 LENGTH 75.00' 5.00' 103.62' 10.00' 30.00' 10.00' 132.41' 10.00' 100.00' 10.00' 263.B8' 5.00' o 40 80 160 SKETCH & OESCRIPTION ONLY NOT A BOUNOARY SURVEY SCALE, 1"=80' FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS DlXTA INC.~~ CONSULTING Uvill7ngi.-,.;ng .&. '" , .L ..... Swveying & Mllppiog 6610 Willow Park Drive, Sulle 2DO Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597'()578 lB No.: 6952 DRAWN BY FILE NAME SHEET S.D.L. UN27 SKl12TCE 2 OF2 COIJlER BOULEVARD SKETCH OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 112TCE COLLIER COUNTY, FLORIDA SCALE 1" = 80' 'J ~ ~ --.J /t ,.- ~ 10+00 ~ I ~ ~--- j ~ ~- -- ~---- a ~ f 305+00 306 302+00 303+00 WHITE BOULEVARD 304+ 0 301 +00 1- 1- POINT OF COMMENCEMENT r- " "'LS- IBIT It :ll' of (.5' PROPOSED ROADWAY EASEMENT PARCEL 113RDUE 10,953 SQ. FT. ~ . , o . g " TRACT 1 51 ~ ! ~ . ~ ~ ~ TRACT 147 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 N W+E WEST 160' OF TRACT 147 CANCIO OR 3954/3007 BELZOWSKI EAPRIETO OR 3721/2603 OR 2760/3450 o , ~. [ ~ ~ ,. ~ ~ & g s ~ .. ~ ~ ~ :;: ~ ~ ~ ~ . ~ NON-EXCLUSIVE RIOHT~-wAy, DRAINAGE N<<:J UTILITY EA8eMENT LINE TABLE LINE BEARING LENG1H L1 SOO"28'S4"E 29,98 L2 SOO"28'52"E 60,02 L3 SOO"28'54"E 15,00 L4 S 9'30'3,"W 10,00 USE L5 NOO'28'54"W 75,02 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT f/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL OESCRIPTION (PARCEL 113 ROUE) A PORTION OF TRACT 147, GOLDEN GATE ESTATES UNIT 27. AS RECORDED IN PLAT BOOK 7, PAGE 17, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT 147 THENCE S.OO'28'54" E., ALONG THE WEST LINE OF SAID TRACT 147, FOR 29.98 FEET TO A POINT ON A LINE LYING 30 FEET SOUTHERLY AND BEING PARALLEL WITH THE NORTH LINE OF SAID TRACT 147 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE N.89'30'46"E., ALONG SAID PARALLEL LINE FOR 179.98 FEET; THENCE S.OO'28'52" E., FOR 60.02 FEET: THENCE S.89'30'43"W. FOR 169.98 FEET; THENCE S.00'28'54"E., FOR 15.00 FEET; THENCE S.89'30'31"W" FOR 10.00 FEET TO A POINT ON WEST LINE OF SAID TRACT 147; THENCE N.00'2B'5~'W. FOR 75.02 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 10,953 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON STATE PLANE COORDINATES, FLORIOA EAST lONE. j))~ o I 40 80 160 , SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE, 1"=60' FOR, COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS MICHAEL A. WARD, ?ROrrssIOi'V.L lNlo SURVEYOR FlORIDA REGISTRATION cmZ~7i.NO' 5301 SIGNING DATE: / V. ~ 'b NOT VALID WITHOUT THE ORIGIw'L SlQNATUR c!r; SEO EMBOSSED SEAL OF' A noRlOA REGlSTEREO PROFESSIONAl. SUR\! OR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 113 RDUE COLLIER COUNTY, FLORIDA DlXT^lNC~on CONSULTING Civil~ .&. '-, '.L ... _&""""'" 6610 Willow Park Drlvs, Suits 200 Naples, Aorlda34i09 Phono: (239) 59HI575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME SHEET UN27 SK113RDUE 1 OF 1 ~ f~ N "' N o ~ 38 00 39+00 ~oo - t- WHITE BOULEVARD 41+00 42+ 43+00 !? ;: > . o N ! o " o Q m - - ~ " o ~ ~. I--- ~ . ~ PROPOSED ROADWAY EASEMENT PARCEL 114RDUE 4,500 SQ. FT. IBIT A SO of .3 ! - TRACT 1 5 1 TRACT 147 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7. PAGE 17 ~ o o ~ :> o o o m ~ " . W "2: ~. WEST 75' OF EAST 150' OF TRACT 147 BELZOWSKI OR 3721/2603 TRACT 128 ~-TRACT 152 ~ ,. o' , "'- o ;; ~ ~ ~ , !1 ~ N ~ CANCIO OR 3954/3007 PRIETO OR 2760/3450 ,; ~ o c " , Cl N W+E s OR ~ OFFICIAL RECOROS (BOOK/PAGE) PERPeTuAi.. NON-EXCloUSIVE R(W) RIGHT ..()F-wAY, DRAINAGE AND unUTY EASEMENT K><x>1 r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 114RDUE A PORTION OF TRACT 147. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7. ,'PAGE. .17 OF 'THE. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTI;I:RANCE 261 EAST., COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ' : '.' !" '.' " . il I .. , , TR .CT: 147. , ..' .I,~l(lr .'" " THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 FEET OF THE o 40 I 80 I 160 I EAS!/J):. . BY. MICHAEL A WARD, PROFESSlo'NAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5:501 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: l~=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 114RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' DATE 8-23-07 D\lTA mc.~on CONSULTING CivilEngineeririg .... '-, '"L .... S"",o""" & Mopping 6610 Willow Park Drive, Suite 200 Naples, FJorida34109 Phone: (239)597"0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK 114RDUE SHEET OF 1 ~ 39+00 ~ 40+00 t-4~t- WHITE BOULEVARD ~ s . ~ , .-- 42+ 43+00 44+00 ~ . . < R- " o o ~ o - o <5 . ~ o t ~ " ~ PROPOSED ROADWAY EASMENT PARCEL 115RDUE 4,500 SQ. FL EXHIBIT A Page ? ( of (( 3' G ~ TRACT 147 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 ~ G q ~ !3> g o . TRACT 128 ~ ~ " ~ ~ ,. " ,. :~ ,-", 1-;; '" " ! ~: 'Ii :0 ~ ~ G ~ ~ EAST 75' OF TRACT 147 PRIETO OR 2760/3450 CANCIO OR 3954/3007 BELZOWSKI OR 3721/2603 ~ N ? ~ ~ c ~ , ;; N W+E s OR ~ OFFICIAL RECORDS (BOOK/PAGE) PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-oF-wAY, DRAINAGE AND unUTY EASEMENT kXxX)j r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 115RDUE A PORTION OF TRACT 147, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. .PAGE.. J 7 OF 'THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH,- PANGfj 26r.EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ) : ' (, i , ' ,"'" THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 CONTAINING 4.500 SQUARE FEET. MORE OR LESS. . ,. i", ! SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 FEET OF SAID TRACTIPl4 , ':.:..: 'itLl.f~t(/o1 160 BY MI HAEl A WARD. PROFESSIONAL LAND SURVEYOR I FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 115RDUE COLLIER COUNTY, FLORIDA JOB NUMBER J50106.02.00 0006 SCALE ," = 80' DATE 8-23-07 DlXT^INC~ CONSULTING CivilEngineerlng .... ""' u. ... S"""ymg & MeppIDg 6610 Willow Park Drive, Suite 200 Naplas, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK115RDUE SHEET OF , ~ ~ ~ t::l 39+00 c ~ ~ ~ > < o-~- :e- N C ~ C . C ~ ~ o -- c n ~ ~. 40+00 1- ~2+t- WHITE BOULEVARD .j-' g N "'- ! " 41+00 43+00 44+00 ----- ~ K ~ PROPOSED ROADWAY EASEMENT PARCEL .116~"HIBIT ~ 4,500 SO. FT. I::^ "l :;.. Page ,) J.- of ils c ~ ~ c c ~ " c c c , ~ . , . ~ Q ". g , TRACT 147 TRACT 128 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 ~ ~ ~ g" WEST 75' OF TRACT 128 CANCIO OR 3703/701 " c ::> & ~ c . " MALONEY OR 2885/2102 WARD OR 2545/1656 2 'i ~ 2 ! , ~ D o ~ ~ N W+E s k>YV1 r//~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 116RDUE PERPETUAL. NON-exCLUSIVE ROAD RIGHT..QF-wAY, DRAINAGE AND unUTY EASEMENT OR ~ OFFICIAL RECORDS (BOOK/PAGE) SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 128, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7" PAG,E, .',7,. O,FTHE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH,' R!(NGE 26 E7\ST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '/") . (" . , . I,) THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 FEET OF SAID TRACT 1 6 i 1;':.1/(1 . CONTAINING 4,500 SOUARE FEET, MOR: OR L::S. 80 160 8Y " ',")J)!.J-/tof!./~1 MIC EL A.. WARD, PROFESSlqN,A1.. 'LAf.Jo. SURVEYOR I I FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: . NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 116RDUE COLLIER COUNTY. FLORIDA JOB NUMBER 050106.02.00 0005 SCALE 1" ~ 80' DATE 8-23-07 D\lT^lNC.~~ CONSULTING CivilEngineering .... '-, '.I.. .a. S"""ying & MappIDg 6510 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597~0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN27 SK115RDUE SHEET OF 1 ~ ~ ~ - ~ .~ " o o , i? ~ > < - ~ " o ~ ~ Q ~ O- N o o 41+00 42+ 43+00 44+00 WHITE BOULEVARD 45+00 46+0 ------ t. PROPOSED ROADWAY EASEMENT PARCEL 117RDUE 4,500 SQ. Fr. EXHIBIT A Page .?? of ((:-5 ~ . ~ s , f <I o o ~ ~ o o o ~ f ~ . f ;;. [" UNIT 128 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 UNIT 125 , ~ f. g" CANCIO OR 3703/701 EAST 75' OF WEST 150' OF TRACT 128 MALONEY OR 2885/2102 ... o '" ~ ~ WARO OR 2545/1656 ~ !l ~ " " ~ ~ c ~ . ~ N W+E s OR = OFFICIAL RECORDS (BOOK/PAGE) K><x>1 r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 (RDUE) USE PERPETUAL, NON-exCLUSIVE ROAD RIGHT-oF-wAY, DRAINAGE AND unUTY EASEMENT LEGAL DESCRIPTION FOR PARCEL 117RDUE CONTAINING 4.500 SQUARE FEET. MORE OR LESS. A PORTION OF TRACT 128. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE, 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. lYING IN SECTION 14. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " .',',..,....... '" ,'. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FE!>T ';01" "SAID, T~ACT. 128. {y1Jlt4101 BY: " ",' , MICHAEL A;\WARQ" PRotESSJQNAl'l.JA.ND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE de RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. o I 40 I 80 I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE; 1"=80' BOARD OF COUNTY COMMISSIONERS COLUER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 117RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" - 80' D'lT^lNC.~on CONSULTING Civil~ .... "-, ,.I.. ... Sunoeying & Mapphlg 6610 Willow ParK Drive, Suite 200 Naples, Florlda34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN27 SK 117RDUE SHEET OF 1 ~ ~ ~ , .'" 41+00 , o o , <? 0; ~ 42+ 43+00 44+00 WHITE BOULEVARD 45+00 46+0 , < o co , o o , ~ o ~ o a " 0-_ , 6 o t PROPOSED ROADWAY EASEMENT PARCEL 11BRDUE 10.800 SQ FTEXHIBIT 11 Page :? 4- of~ . a ~ ~ [ TRACT 128 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 125 " o o ~ " o o o " ~ ~ ~ " o , o t ~ W ~: , '1i '" ~ ~ CANCIO MALONEY OR 3703/701 OR 2885/2102 EAST 1 BO' OF TRACT 128 WARD OR 2545/1656 ~ ~ ~ ? 0; . o , " " , o N W+E s kXx>Yj r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 11 BRDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-wAY, DRAINAGE AND UTIUTY EASEMENT OR = OFFICIAL RECORDS (BOOK/PAGE) USE SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 128. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 1;: PAGE..\ 7. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14, TOWNSHIP 49 sOUtH; RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. > :':/' ;'; . THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRAC7fJJ.8/1',~i:1 . j . CONTAINING 10.800 SQUARE FEET. MORE OR LESS. " ',:\.~ tp{o1 o 40 80 160 BY . I I I MICHAEL A' WARD, .PRciFEi>S;IO~AL' tAND SURVEYOR I FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: r' NOT VALID WITHOUT THE ORIGINAL SIGNATURE ,& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE:: 1 ~=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 118RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' DATE 8-23-07 D\lT^lNC.~.. CONSULTING Civil~ .... '-, ,.... ..a. S"""ymg & Mapp;ng 6610 Willow Park Drive, Suite 200 Naples. FJorida34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK 118RDUE SHEET OF 1 f . ~ 43+00 '" ~ ~ W " ~ - Q - ~ j <; ~- ~ 8 ~ ~ f ~ ~ f ~ ~ ! ~ ~ r ~ ! f <:) oS -;; ! g' ~ f ~ . ~ ~ ~ ~ ;> ~ ~ ~ ~ 44+00 47+00 lfJ PROPOSED ROADWAY EASEMENT PARCEL 119RDUE 10.800 SQ. FT. EXHIBIT A Page .?s of i l :s TRACT 125 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 WEST 1 BO' OF TRACT 125 MURGA OR 4174/2003 HICKEL OR 3992/2692 N w+, S lX)<)j r//~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 119RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND unuTY EASEMENT OR = OFFICIAL RECORDS (BOOK/PAGE) A PORTION OF TRACT 125, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 160 CONTAINING 10,800 SQUARE FEET, MORE OR LESS. FEET OF SAID T7UJA 1 5. J d J / ~ /1/(;7/67 160 B I MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. o 40 80 SKETCH & DESCRIPTION ONLY I I NOT A BOUNDARY SURVEY SCALE, 1"~80' FOR, COLLIER COUN1Y GOVERNMENT BOARD OF COUN1Y COMMISSIONERS JOB NUMBER 050106.02.00 0006 SCALE DATE 1" = 80' 8-23-07 D\lT^n<c\~ CONSULTING avilEngiDeering .&. '" ,... ... s...cyh>g & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SKl19RDUE SHEET OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 119RDUE COLLIER COUNTY, FLORIDA ~ I ,- ." , o o , 45+00 46+0 47+00 WHITE BOULEVARD 4 +00 49+00 - 50+0J rr o " . < PROPOSED ROADWAY EASEMENT PARCEL 120RDUE 9,000 SQ. FT. 3- , o ~ o " o " ~ ~- o o i ~ ~ EXHIBIT Ii Page ']C of ( (.5 , ~ " o o ~ ~ o o o ~ l l' " ~ ,. " ~. TRACT 125 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 106 , 5: f. g" EAST 150' OF TRACT 125 HICKEL OR 3992/2692 ... o '" & ~ , ~ ~ ~ ~ ;; o . c c " " ~ MURGA OR 4174/2003 N W+E s OR = OFFICIAL RECORDS (BOOK/PAGE) lXxX)I [//~ PROPOSED ROADWAY, DRAINAGE. AND UTILln' EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 120RDUE PERPETUAL, NON-exCLUSIVE ROAD RIGHT "()F-wAY, DRAINAGE AND urlUTY EASEMENT A PORTION OF TRACT 125. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PA~E'17'OFTHE PUBLIC RECORDS OF COLLIER COUNn'. FLORIDA, LYING IN SECTION 14. TOWNSHIP 49 SOUTH. ~AN.GE,'26 EAST, COLLIER COUNn', FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,.. ( -, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT :~::::: ::;":o::,;":,~~':,:O ;,'::: '" ~" '00 Em OE ~" ,~" 1JJ1ttJ!.!01 o 40 60 160 BY: '_.'_. ',._ .0' I I MICHAEL A.WARD, PROFESSlbNA~ 'LAND SURVEYOR I FLORIDA REGISTRATION CERTIF;ICATj;: NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL' SIGNATURE,'&. RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND - MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLtiER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 120RDUE COLLIER COUNTY. FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' D\lT^INC.~ CONSULTING Ovil &gineering ..... ...., ,... .... s""",yillg&M>ppJng 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:5952 FILE NAME UN27 SK 120RDUE SHEET OF 1 a o ~ "- .~ " o o , 46+0 47+00 -t;- ~ WHITE BOULEVARO B 49+00 50+00 o 0; . . a- :e- N a a " ~ a D ~ B b a t 51+00 ~--- . 1i. ~ PROPOSED ROADWAY EASEMENT PARCEL 121RDUE 4,500 SQ. FT. , f ~ a a ~ "- o o o ~ ~ EXHIBIT Page S 7 of i I s A . , " I ,. , TRACT 125 TRACT 106 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 , :" ~ ,. ~r 'Ii ;0 ~ ~ a ~ 2 WEST 75' OF TRACT 1 06 REISSA & DIEZ OR 4045/2554 WILLIAMS OR 1277/409 NODOTTI OR 2213/1832 ~ " !.; . i;;:.; ~ C o " ~ N W+E s lXxX)j r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 121 RDUE (RDUE) USE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT OR = OFFICIAL RECORDS (BOOK/PAGE) A PORTION OF TRACT 106, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE. '1:7' O,.THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. lYING IN SECTION 14. TOWNSHIP 49 SOUTH,; RkNGE.26"EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,.... . .( . '. .\- "., THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE WEST 75 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNn' GOVERNMENT BOARD o I 40 I 60 I , . FEET OF SAID TRAJAT 06. /i A XCt !()/3,,(r;t' 160 8'1' ,,' I ICHAEL A WARD, PROFEsstdl'/Al'LAND SURVEYOR FLORIDA REGISTRATION CE:RTIFIC40TE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 4,500 SQUARE FEET, MORE OR LESS. SCALE: 1 "=80' OF COUNn' COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I21RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.00.01 0001 SCALE 1" - 80' DATE APR, 2007 D\lTA rnc'~n CONSULTING CivilEngioeering .&. '-, ,.I.. ... SW'V"",,, & Mappmg 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UN27 SK121RDUE SHEET OF 1 o o <; ~ " .' " o o , ;? ;; > < o "- " o ~ o , o ~ 6 " 6 o & ~. . " ~ , ~ " Q o ~ ~ g o m ~ ~ ~ . ~ ~ ~. , '" ~ ,. ~r "- ~ ~ i ~ ::> ~ !': ~ N ~ " " ~ c , . ~ 47+00 -1 ~00-1 WHITE BOULEVARD l1nf"'; ----- <.~ 4 +00 50+00 51+00 52+00 1- N W+E HfB1r-; Pge? <7 of lls PROPOSED ROADWAY EASEMENT PARCEL 122RDUE 4,500 SQ. FT. s TRACT 125 TRACT 106 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 EAST 75' OF WEST 150' OF TRACT 106 WILLIAMS OR 1277/409 TREISSA & DIEZ OR 4045/2554 NADonl OR 2213/1832 OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 r//~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (ROUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION FOR PARCEL 122RDUE A PORTION OF TRACT 106. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PflGE;.17'OP'THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH. RI\N'GE ..26 EAST" COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ..' ... ...", i" ',: : ('; ~,;, THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET;GF SIIID'TRACT 1 Q6. o I ./U/Jik;:w./ MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 4.500 SQUARE FEET, MORE OR LESS. 40 I 80 180 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I22RDUE COLLIER COUNTY, FLORIDA D\lTA INC~on CONSULTING CivilEngineering .... ...., U.. ..... Swv,yIDg & Mapping 6610 Willow Park Drive, Suite 200 Naples. Florjda34109 Phone: (239) 597.0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK 122RDUE JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' SHEET OF 1 ~ s . ~ .~ " o o ~ , ,~ -.;..J 4 +00 49+00 50+00 WHITE BOULEVARD 51+00 52+00 1- 53+00 I o C o . < 5- N o o " o " o g " N o o EXHIBIT A Page 5'1' of ((:3 ~ ~. > " .~ PROPOSED ROADWAY EASEMENT PARCEL 123RDUE 10,800 SQ. FL ~ , o ~ " o " ~ :;, o o o . ~ ~ " ~ o " ~. " ~ r TRACT 106 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 ... " " & ff o TREISSA & DIEZ WILLIAMS OR 4045/2554 OR 1277/409 EAST lBO' TRACT 106 NADOTTl OR 2213/1B32 !~ " ~ [ ~ >; - > o c ~ ~ N W+E s OR ~ OFFICIAL RECORDS (BOOK/PAGE) PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-oF-WAY, DRAINAGE AND UT/UTY EASEMENT lXxX)j r//~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 123RDUE .' I ' . ~: . . " " A PORTION OF TRACT 106, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7.JpAGE U'.OF THE', PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 14. TOWNSHIP 49 SOUTfl/ I.lANGE:A'6 EAST. '. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ; {, ' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT :i- : THE SOUTH 60 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRjAACT 106. " "'" ,; {' " CONTAINING 10,800 SQUARE FEET, MORE OR LESS. ~Jlr{/~'~ o 40 80 160 BY . '; I I I MICHAEL A. WARD, PROFESSIONAL U,ND SURVEYOR , FLORIDA REGISTRATION CERTifiCATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE ok RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I23RDUE COLLIER COUNTY, FLORIDA JOB NUMBER J50106.02.00 0006 D\lTA INC.=.on CONSULTING Civil~n-ti"8 ..... ....., , ..... .a. SwvoyIDg & Mepp;ng 6610 Willow Park Drive, Suite 200 Naples; Florida 34109 Phone: (239) 597~0575 FAX; (239) 597"0578 lBNo.:6952 SCALE 1" ~ 80' DATE 8-23-07 FILE NAME UN27 SK123RDUE SHEET OF 1 ~ o , lOB o ~ > < N W+E EXHIBIT A Page 40 of i! :5 J. N o o " o " o C . R o o ~ ~. ~ . ~ , o ~ TRACT 105 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 " o o o ~ ;;, o o o . ~ ~ < . , , ~ ~. TRACT 126 DEL RISCO OR 4069/1417 TUMBLESON & ERWIN OR 3727/2324 EAST 180' OF TRACT 105 PRUITI OR 2597/1365 , 5 r " o :0 ~ ~ o o " !! ~ ~ , . ~ o c ~ Q , !O ROJAS OR 2653/2228 PROPOSED ROADWAY EASEMENT PARCEL 124RDUE 10,800 SQ. FT. 46+0 47+00 +00 49+00 ,- WHITE BOULEVARD OR = OFFICIAL RECORDS (BOOK/PAGE) PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND unUTY EASEMENT lXxX)j r//~ PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 124RDUE ,.... SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR; COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 105. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7;, P,':G[ 1-'7 OF ,THE. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 'il-?" (S.OUW; RANGE 25 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICLlLARLY DESCRIBED AS FOLLOWS. . ," ,(, . ,'i' THE NORTH 50 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRA~T 1 OS,! }:A'l V' CONTAINING 10.800 SQUARE FEET, MORE OR LESS. ~ (.k(t:i/o 7 o 40 80 160 BY I I I CHAEL A WARD PROFESSIONAL LAND SURVEYOR I FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF; PROPOSED RIGHT OF WAY PARCEL 124RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050105.00.01 0001 SCALE 1" = 80' DlXT ^ lNC'~='on CONSULTING Civil Engineering .&. "" ,.... .1 Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597.0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK124RDUE SHEET OF 1 a o ~ ~ N ." N a o , T.' o " N W+f , < 9 N o !' a " o ~ ~ a a t. ~ " } S EXHIBIT A Page 4( of I ( ,,? , [ " TRACT 105 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 a a ~ :;. o a a a ~ ~ " ~ ,. "- ~. TRACT 126 DEL RISCO OR 4069/1417 E 7S' OF W lSD' OF TRACT 1 OS TUMBLESON & ERWIN OR 3727/2324 , > f g" ~ ~ co , ~ ~ ~ ~ '1 ~ ~ ~ a c , " ~ ROJAS OR 2653/2228 PRUITT OR 2597/1365 PROPOSED ROADWAY EASEMENT PARCEL 12SRDUE 4,500 SQ. FT. 40+0 47+00 +00 50+00 51+00 WHITE BOULEVARD k>YV1 I//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 12SRDUE (ROUE) USE PERPETUAL, NON-EXClUSIVE ROAD RIGHT -oF-WW, DRAINAGE AND UnUTY EASEMENT OR = OFFICIAL RECORDS (BOOK/PAGE) A PORTION OF TRACT 105. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7" PA(>E '17' OF. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14. TOWNSHIP.4g,'sOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,,' THE NORTH 6D FEET OF THE SOUTH 9D FEET OF THE EAST 75 FEET OF THE WEST 1 o 40 80 SKETCH & DESCRIPTION ONLY I NOT A BOUNDARY SURVEY SCALE, 1"~80' FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 160 I D\lTA INC.~wJ..on CONSULTING QvilBnginccrlng .L "'" 'A.. ... Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples,Florlda34109 Phone: {239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN27 SK125RDUE SHEET OF 1 CONTAINING 4.500 SQUARE FEET. MORE OR LESS. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 125RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.00.01 0001 SCALE 1" = 80' " c c , <5 c " > < c / " c :j. ~ c <5 . c " c c t ~ Q ~ I , , N w+[ s EXHIBIT A Page 4-J. of I Is , f , ~ c c ~ > c c c . i ~ Q f it" ~. TRACT 105 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 126 DEL RISCO OR 4069/1417 , ~ W ~: , .. c '" & ~ & " ~ ~ ~ !-i ;; ~ c C Q ~ TUMBLESON & ERWIN OR 3727/2324 WEST 75' OF TRACT 105 ROJAS OR 2653/2228 PRUITT OR 2597/1365 PROPOSED ROADWAY EASEMENT PARCEL 126RDUE 4,500 SQ, FT. 46+0 47+00 49+00 50+00 51+00 WHITE BOULEVARD IXxX)j r//~ PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 126RDUE (ROUE) .USE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT~F-wAY, DRA.lNAGE AND UTILITY EASEMENT . OR = OFFICIAL RECORDS (BOOK/PAGE) SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUN1Y GOVERNMENT A PORTION OF TRACT 105, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7.,'P~~E'17'OF:.THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTIONS 11 AND 14. TOWNSHIP 49"SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. r: ... <> c:) .' '. ", J : \ ',: (') THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF SAID TRA([}LCD5 : I' Ii}.i ' CONTAINING 4.500 SQUARE FEET. MORE OR LESS. .I.J!;J./;.,: 11~4~ o 40 80 160 BY ..' I I MICHAE;L A. WARD, PROFESSlCl~At 'LAND SURVEYOR I I FLORIDA REGISTRATION CERTIFlqAl!EINO. 5301 SIGNING DATE:, .oj,' NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUN1Y COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 126RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.00.01 0001 SCALE 1" = 80' D'lT^m"~n CONSULTING CivilEngincering .... '-, u.. .... s.....yWg & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UN27 SK126RDUE SHEET OF 1 " -~ " o ~ . ill f J!f' -.,-, t.1 '1 <; " ~ . < N 5. " o o '" o ~ o ~ ~ o o ~ ~ . ~ w E IBIT It 4s of (iJ " , o ~ " o o . ~ o o o . ~ ~ , ~ ~ ~. TRACT 126 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 1 5 , ~ ~ g: '11 -" ~ ~ , o o " ~ ~ " ~ c , ~ o c C Q . o RODRIGUEZ OR 2700/2776 EAST 180' TRACT 126 DEL RISCD OR 4069/1417 PROPOSED ROADWAY EASEMENT PARCEL 127RDUE 10,800 SQ. FT. +00 49+00 50+00 45+00 WHITE BOULEVARD K>V1 r//~ PROPOSED ROADWAY, DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 (RDUE) USE PERPETUAL, NON-exCLUSIVE ROAD RIGHT-oF-wAY, DRAINAGE N<<) UTIUTY EASEMENT OR = OFFICIAL RECORDS (BOOK/PAGE) LEGAL DESCRIPTION FOR PARCEL 127RDUE ....,J I' A PORTION OF TRACT 126. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7"PAGJ;:. '1'7' Of "THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14. TDWNSHIP, 4g"SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,. :' / r:i r r ; : ( (') THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 12'6.:,' If) J . CONTAINING 10,800 SOUARE FEET, MORE OR LESS. ~.\ \'~:~//rJ :~V.f~/o7 o 40 BO 160 BY -;w ~ .~ I I Ie El A WARD, P.ROFES31I!lMI\1.... rAND SURVEYOR SKETCH & DESCRIPTION ONLY I FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALK l"~BD' SIGNiNG DATEr ;' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o~L6~~6~ ~~~I~~JR~~Ep~6~~~~\o~~~N~1~~~RR~~DEDMf~~~R~SED SEAL OF COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 127RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.00.Q1 0001 SCALE 1" ~ 80' DlXTA INC.=.on CONSULTING CivilEnginee:ring .&. ...., ,... .JI.. S""',,..,. & Mewiog 6610 WiUow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.: 6952 FILE NAME UN27 SK 127RDUE SHEET OF 1 " Q Q , N W+E DO Q " . . . o ;c- " 2 '" ~ Q <5 . ~ 6 o ~ ~ . ~ s EXHIBIT It Pa~ 44-of i (.5' o ~ ~ 2 ~ 3> 2 Q . W ~ ,. . :' o ,. " 6 , ~ ~ ,. g" TRACT 1 27 TRACT 126 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7. PAGE 17 WEST 150' OF TRACT 126 RODRIGUEZ OR 2700/2776 WESTBY OR 2335/2773 DEL RISCO OR 4069/1417 'Ii '" ~ ~ ~ ~ 'i ~ ~ " . ~ o c _ C . ~ PROPOSED ROADWAY EASEMENT PARCEL 128DUE 9,000 SQ. FT. 43+00 44+00 47+00 4 +00 WHITE BOULEVARD p<)<)j I//~ PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT (ROUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 128RDUE PERPETUAL, NON-EXCLUSlVE ROAD R'GHT-<lF-wAY, ORAIN.6.GE AND UTIUTY EASEMENT OR ~ OFFICIAL RECORDS (BOOK/PAGE) A PORTION OF TRACT 126. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH: RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. .',...,."..,. THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 150 FEET OF SAID TRACT 126. " / .: .' " : o' ("I', t:) , CONTAINING 9.000 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUN1Y GOVERNMENT BOARD o I 40 I 80 I 180 I 1!4'~' \:'.,' 'IV~"t1I~'1 '. " .' (' . . , . . , ' ~ 8'1': 1.11 AEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE; NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=:80' OF COUN1Y COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 128RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' OATE 8-23-07 D'XT^INC~on CONSULTING Civil~ ..&. "" '.L ..a. SUIVeying & Mapping 6610 Willow Park Drive, Suile 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN27 SK 128RDUE SHEET OF 1 ~ ~ ~ , ," , o o , I' . ~l/~' o C ~ > < o '" , o o ~ o " o 0; m ~ o o t ~ o ~ EXHiBIT A Page 4~of I(j N W+E , o ~ ~ o o ~ :;. o 8 m ~ s TRACT 127 GOLDEN GATE ESTATES UNIT 27 PlAT BOOK 7, PAGE 17 TRACT 126 > ~ f ". g: , ~ [ , 'Ii ;; & ~ ~ EAST 1 80' OF TRACT 127 WESTBY OR 2335/2773 KLINGENSMITH OR 1023/1210 RODRIGUEZ OR 2700/2776 ~ ~ ;; ~ ;:; o ~ ~ ~ PROPOSED ROADWAY EASEMENT PARCEL 129RDUE 10,800 sa, FT. 45+00 46+0 47. 1+00 42+ WHITE BOULEVARD OR = OFFICIAL RECORDS (BOOK/PAGE) fXxX)j r//~ PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PlAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 129RDUE (ROUE) USE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE ANO ur/UTY EASEMENT SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 127. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PlAT BOOK 7. PAGEl? 9F THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH: ~~mGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED AS FOLLOWS. . .'". '.., "~. .G':<~ ~. J:" .': ".) : il U).J. ;tal! ~:. .1":;/.';1~.;~7 ')!t(;Ar;::u~"l:." BY: MICHAEL A. WARD.,' PROFESSIONAL lANai SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 127. " CONTAINING 10.800 SQUARE FEET. MORE OR LESS. o I 40 BO 160 I SCALE: 1 "=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTlON OF: PROPOSED RIGHT OF WAY PARCEL 129RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" = 80' DATE 8-23-07 D\lTA 1N"~~oo CONSULTING Civil~ .... "-, u.. .... Su<vcymg & MappWg 6610 Willow Park DrIve, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0576 LBNo.:6952 FILE NAME UN27 SK 129ROUE SHEET OF 1 o o , <5 iil > < EXHIBIT Ii Page ltG of i is lOB :, J- " o ~ o ~ o " m 6 " 6 o t o " . ~ N w+[ o ~ S " o o ~ -" o o o m ~ ~ . ~ , ~ , ;g ~ ~. g" TRACT 148 TRACT 127 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 I I EAST 75' OF WEST 150' OF TRACT 127 KLINGENSMITH OR 1023/1210 I GOLBY JR ET UX OR 404/221 WESTBY OR 2335/2773 '" ~ ,> [ ~ ~ [ ? c o ~ C ~ . ~ PROPOSED ROADWAY EASEMENT PARCEL 130RDUE 4,500 SQ. FT. 40+00 41+00 42+ 43+00 44+00 45+00 OR ~ OFFICIAL RECORDS (BOOK/PAGE) F BOULEVAF- [>Y<)j r//~ PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (ROUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 130RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EAsEMENT CONTAINING 4.500 SQUARE FEET, MORE OR LESS. A PORTION OF TRACT 127. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7. PAGE 1 ~ OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH. RANGEc.Z6. EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. . ....... .' . -' ,.~,-.. , THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET 'OF.,'SA(O 'T.RACT. 12'7. i : (I ,cr) 0, j h~.j;'i>f.~(P? ,lVfA-, . :,........., MICHAEL A WARD, PROFESSIONAL LAND" SURVEYOR FLORIDA REGISTRATION CERTifiCATE NO. 5301 SIGNING DATE: . , NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. o I 40 I 80 I 160 , SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1"=60' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 130RDUE COLLIER COUNTY, FLORIDA JOB NUMBER :150106.02.00 0006 SCALE 1" ~ 80' DATE 8-23-07 D'lTA lNC.~on CONSULTING Ci.vil~ .&....., U.. .... Smve}ing&_ 6610 Willow Park Drive, Suite 200 Naples, Fiorida34109 Phone: (239) S97-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN27 SK130RDUE SHEET OF 1 j~ " o o , . 6 N W+f EXHIBIT ,4 Page: 4-7 of i 1.3' > < o ;0- " o Xi ~ o o ~ 6 " o o & ~. s . " ~ o ~ > TRACT 1 48 TRACT 127 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7. PAGE 17 I WEST 75' OF TRACT 127 GOLBY JR ET UX OR 404/221 " o o ~ ? g . i " " r I KliNGENSMITH OR 1023/1210 WESTBY OR 2335/2773 ~ r ... ~ & ~ & , ~ '" !~ " '? <:: ~- o c C " ~ PROPOSED ROADWAY EASEMENT PARCEL 131RDUE 4,500 SQ. FT. 39+00 40+00 41+00 43+00 44+00 fIT oo"'T- OR ~ OFFICIAL RECORDS (BOOK/PAGE) kXxX)j r//~ PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT (RDUE) EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 131 RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-wAY, D1WNAGE AND UT'UTY EASEMENT SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 127, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 170F THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOl)JH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ::. ;.:,....,' ,,' THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF SAID TRACT 127., ,'.' '/~.<' ;--; , ',' (" i"')' ,. . c,.," " ".' , .' i!!:~'7/(.1 BY'. . ..........:;. leHAEL A WARD. PRDFESSlONAL l!'ND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED ,EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. o I 40 I 60 I 160 I CONTAINING 4.500 SQUARE FEET, MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 131RDUE COLLIER COUNTY. FLORIDA JOB NUMBER 050106.02.00 0006 SCALE ," = 80' DATE 8-23-07 D'XTA rnc.=.on CONSULTING Civil~ .&. '-, ,.... .IL S"""yh>g & Mapp;ng 6610 Willow Park Drive, Suile 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX; (239)597-0576 LBNo.:6952 FILE NAME UN27 SK131ROUE SHEET OF 1 , .~ , o o , . 6 o > < , , o ~ o ~ ~ o " o , 6 o & ~. W Q ~ , ~ , , " ~ ! g " r ~ Q ~ , ~ o' , , " I[ Ii I~ i~ & " . ~ " :; ~ ~ o c o Q , . 38 00 v<x>vj r//~ , i N w+, XHIBIT A I age 4-? of I (] s TRACT 148 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 I EAST 75' OF TRACT 146 CUELLAR OR 3960/290 TRACT 127 JONES OR 3880/276 NELSON OR 3669/3282 PROPOSED ROADWAY EASEMENT PARCEL 132RDUE 4,500 SQ. FT. 39+00 4 40+00 42+ 43+00 OR = OFFICIAL RECORDS (BOOK/PAGE) FE BOUL~f PROPOSED ROADWAY, DRAINAGE, AND UTI LIT( EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 (ROUE) USE. PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DIWNIIGE AND UTILITY EASEMENT LEGAL DESCRIPTION FOR PARCEL 132RDUE A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNT(. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . .....,. THE NORTH 50 FEET OF THE SOUTH 90 FEET OF THE EAST 75 FEET OF SAID TRACT 148. o I /1/fjJ;%.y;1 8yIW,. ,,,...,,' MICHAEL A. WARD, PROFESSIONAL LAND' SURVEYOR FLORIDA REGISTRATION CERTIFICATE ,NO.' 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER CONTAINING 4.500 SQUARE FEET, MORE OR LESS. 40 80 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE; 1"=80' BOARD OF COUNTY COMMISSIONERS COLUER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 132RDUE COLLIER COUNTY, FLORIDA D'lTA INC.~on CONSULTING Civil&gineerlng .&. '-, J.I.. ..... Souve,mg & Moppmg 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UN27 SK132RDUE JOB NUMBER 050106.0.00 0006 SCALE 1" = 80' DATE 10-25-07 SHEET OF 1 I I I I I I I Q Q m I ! o ~ -TRACT I I I I I- I I ~ , 8 , . " o , . o , o l' o " o i: " , " o t ~ " ~ ~ , ~J , 0' ~ > " [ I, ~ f. o' , ... '~ ~ ~ ~ ;: [ , ? c: c ~ o ~ " .l )0 N W+E , NORTH LINE SECTION 14 TOWNSHIP 49 SOUTH. RANGE 26 EAST ~ , " EX IBIT IT Page 4'1 of /(3 s TRACT 148 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 150 WEST 75' OF EAST 150' OF TRACT 148 NELSON OR 3669/3282 TRACT 127 JONES OR 3880/276 CUELLAR OR 3960/290 Cl ~ ..J => o lD 0:: W lD W ;<: PROPOSED ROADWAY EASEMENT PARCEL 133RDUE 4,500 SQ. FT. 38 00 39+00 41+00 42+ 43+0C f- fU"~f OR ~ OFFICIAL RECORDS (BOOK/PAGE) NV1 r//~ PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIc PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 133RDUE PERPETUAL, NON-EXCl.USJ\IE ROAD RIGHT-OF-WAY, OJWIiiI>IIGE AND UTILITY EASEMENT (ROUE) USE A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 1 T OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . ....,.. THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 75 FEET OF THE EAST 150 FEET Of';S,AIP::TRACT 148. . . "','" .' , '. . . '. f') CONTAINING 4.500 SOUARE FEET. MORE OR LESS. o I j;jii!J-J?;~9/0f BY "IeH" ~DC::FESS;;~A~' c:.;;';URVEYOR FLORIDA REGISTRATION CERTIFICATE ,NO. . 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. 40 I BO I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR; COLLIER COUNTY GOVERNMENT SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 133RDUE COLLIER COUNTY, FLORIDA J08 NUMBER )50106.02.00 0006 D\XTA INC~~on CONSULTING avil&gineeriug .&. '-, '.L .... S""',""" & M>pping 6610 Willow Park Drive, Suite 200 Naples, Florida34109 Phone: {239) 597~0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN27 SK 133RDUE SCALE 1" ~ 80' OATE 10-25-07 SHEET OF 1 , o ~ N w+, I I I I I I I TRACT I I I I I- I I -~ o ~ . < o " , o o " a o 0; . 6 , 6 o ~ ~. s . " . ~ s , o ~ " g . -" g o . ~ < . W ,. "- ~. , 5 ~ ,. ,. , '" p ~ ~- ~ " ~ [ y I~ ~ o c C . , o 36+00 37+00 '~VI\' I I l.-.LI~L --'L.V IIVI~ 1'1' 10 TOWNSHIP 49 SOUTH. RANGE 26 EAST IBIT A S- C of ( Ie? TRACT 148 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 150 Cl~ OW~ ~~3= llJ~lL.. e:::~O w< m::;e-- W I :;::!;22 ~'" WEST 1 80' OF TRACT 148 JONES OR 3880/276 NELSON OR 3663/3282 TF PROPOSED ROADWAY EASEMENT PARCEL 134RDUE 10,800 SQ. FT. CUELLAR OR 3960/290 38 40+00 41+00 ------ WHITE BOULEVARD PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 134RDUE OR ~ OFFICIAL RECORDS (BOOK/PAGE) M(j r//~ (RDUE) USE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, D1W~GE AND UTlUTY EASEMENT A PORTION OF TRACT 148. GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 11 AND 14. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 60 FEET OF THE SOUTH 90 FEET OF THE WEST 180 FEET OF SAID TRACT14~'" ,.,,,.,, CONTAINING 1 0.800 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 40 I 160 I ./1,.,/0 7 BY: " ' ",." MICHAEL A. WARD, pAOFElSSIOf4AL LAND SURVEYOR FLORIDA REGISTRATION CERTiFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER. 60 I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 134RDUE COLLIER COUNTY, FLORlDA SCALE 1" = 80' DlX'A lNC.~.4.oo CONSULTING Ci.vil~ .... ...., U.. .... S"""yiog at "'wing 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 LB No.: 6952 FILE NAME UN27 SK134RDUE JOB NUMBER )50106.02.00 0006 SHEET OF 1 DATE 8-23-07 ~ } l ;1 ~~ P- I/ " ~1 ~ ~ I iI' " , I ~ . ~ il ~ I ~ ~ ~ I ~ ! ;;j f I'" " 0 ~ ? ~ [~ !- 0 ~ - J I ~ ~ I " ~ ? ~ I ~ ! [ I I I CANAL lOB - EXH J.B.t: --11_ Page S- I of {\::: -- ;lJT-- ::0", 39TH S1REET "U "2 __LU_____ 60.[--T----- 10' PROPOSED SLOPE EASEMENT PARCEL 135SE ------------ ::<: "+z r'l TRACT 150 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 149 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 PROPOSEO ROADWAY EASEMENT PARCEL 135RDUE 37.659 SQ_ FT. WEBER BLVD (AS MAINTAINED RIGHT OF WAY) r ------------- '" q OR = OFFICIAL RECORDS (BOOK/PAGE) 660'(P) lX0)j r//~ PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (RDUE) fl-...&MI., NON-Excl.uSlVE RlW) RlOHT.oF-wAY, DRAINAGE AND unUTY EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 17 LEGAL DESCRIPTION FOR PARCEL 135RDUE A PORTION OF TRACT 150, GOLDEN GATE ESTATES. UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COWER COUN1Y, FLORIDA, LYING IN SECTION 14, TOWNSHIP 49 SOUTH. RANGE 2B EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICUlARLY DESCRIBED PS FOLLOWS. THE NORTH 60 FEET OF THE SOUTH 90 FEET OF SAID TRACT 150. LESS AND EXCEPT; THE WEST 60 FEET OF TRACT 150 (THAT PART BEING AN EXISTING ROADWAY EASEMENT PER TwFOREMENTIONED PLAT). CONTAINING 37,659 SQUARE FEET, MORE OR LESS. ! ~ /11 _ o 40 80 160 ~.j, ~ SKETCH & DESCRIPTION ONLY I I .~=~~~~F'ESSlON~~cP ~~~~ NOT A BOUNDARY SURVEY SCALE, 1"-80' """'NO DA'" :If '1'-I!P'P> FOR: COWER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~OT~: ~~I~UJR~Ep~~I~~Sl S1Y~~R~OED~"W&SSED SEAl. OF COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 135RDUE COLLIER COUNTY, FLORIDA SCALE ," = 80' D'XTA=~ CONSULTING avn~ .... '-, 'A. .a. ~&~ 6610 'MDow Plll'k Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597..()575 FAX: {239} 597.{)576 LB No.: 6952 FILE NAME UN27 SK135RDUE JOB NUMBER 050106.00.01 0001 SHEET OF 1 i I ~ .s" ~ " i I~ ~ I ~ '11 '" ~ I ~ !1 I ~ ~ ~ ~ I ~ ! I I I I i 3 ~ ;1 ;~ :0- II i I , ~ I ~ , I ~ > II ~ ] ~ ~ .f7 "11 CANAL 39TH STREET ~T '" '" -u"2 ~ -EXHiBf -A- Page 5:2 of ( 1.5 60' ----------- PROPOSED SLOPE "2 EASEMENT PARCEL 135SE 2,.197 SQ. FT. ::;: "+z PERPETUAL NON-EXCLUSI E SLOPE EASEMENT CTl TRACT 150 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 TRACT 1 49 KAYE HOMES, INC OR 3764/2777 PROPOSED ROADWAY EASEMENT PARCEL 135RDUE WEBER BLVD (I-S MAINTAINED RIGHT OF WAY) I ----- '" q OR = OFFICIAL RECORDS (BOOK/PAGE) PROPOSED ROADWAY. DRAINAGE, AND UTIUlY EASEMENT (RDUE) [X)<)j 1"- "- '1 V//1 PROPOSED SLOPE EASEMENT EXISTING RIGHT OF WAY DEOICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 17 LEGAL DESCRIPTION FOR PARCEL 135SE A PORTION OF TRAGT 150. GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COWER COUNlY, FLORIDA. LYING IN SECTION 14. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNlY, FLORIDA BEING MORE PARTICUlARLY DESCRIBEO AS FOLLOWS. THE EAST 10 FEET OF THE WEST 70 FEET OF SAID TRAcr 150, LESS AND EXCEPT; THE SOUTH 90 FEET OF TRACT 150. 40 160 iJJj}y I MICHAEl A. WARD. PROFESSI~ lAND SURVEYOR FLORIDA REt;llsrRA.T10~n T~ NO. 5301 SIGNING PATE: 7,1 01' NOT VAUD WlTHollT Tl-lE ORIGINAL SI ruR~& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL URVEYOR AND IotAPPER. CONTAINING 2.397 SQUARE FEET. MORE OR LESS. o I 60 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE,'"-6O' FOR: COLLIER COUNlY GOVERNMENT BOARD OF COUNlY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED SLOPE EASEMENT PARCEL 135SE COLLIER COUNTY, FLORIDA SCAlE 1. = 80' D'lTA IN"=... CONSULTING Civn~ ..L ....., '.L .&. s..v.,mg.. MOppmg 6610 W1low Park Drive, SuJllt 200 Na~Ies. Florida 34109 PhOf1&: (239) 597-0575 FAX: (239) 597-0578 lS No.: 6952 FlLE NAME UN27 SK135SE JOB NUMBER 050106.00.Q1 0001 SHEET OF 1 IDe ~ o " II "- 11311 -~ I .- o N W+, TRACT 11 0 ~ ~ ~ . ~ ~ XHIBIT age s;- ,:; of II o ;... " ~ @ o ~ ~ 8 t s l' ~ NORTH. LINE OF TRACT 111 Ll 60' ROAD EASEMENT PER PLAT FOR PERPETUAL PUBLIC USE ---1-_1 $ 287+00 288+00 289+00 290+00 291+ f " 660'(P) PINE RIDGE RD. 2 . ~ o ~ & ~ o g ". [, -~- -=t--=-- L4 PROPOSED RIGHT OF WAY PARCEL 136FEE 4,157 SQ. Fl. "'w ~~o:: Ou...o >-0 Z "'ao W-lt)w,- " CLN W I- N Vll-- 0 . <(:::;lCOC> wo CL U)I ~w~;0 8:~~;::! ~ ~ ~ SEMBLER FMLY PRTNRSHP #41 OR 4140/1022 & 4295/1472 LESS OR 4140/1157 o " , " t ~ ~ ~ 23'(0) TRACT 111 - - -GOLDEN GATE ESTATES- UNIT 26 PLAT BOOK 7 PAGE 15 660'(P) 8 8 i0 o 112 ~ N <0 o " PORTION OF TRACTS 111 & FIFTH THIRD BANK OR 4140/1157 LES5 OR 4295/1472 ~ " 2 & " ~ ;:: ~ , , . ~ SEMBLER FML Y PRTNRSHP ORS 4140/1055 LESS OR 4140/1157 #41 Su' 'Ou'.~____ _____ '0 193.39'(0) II 660'(P) TRACT 1 1 2 OR = OFFICIAL RECORDS (BOOK/PAGE) FEE SIMPlE P'V\(j PROPOSED RIGHT OF WAY INTEREST [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE '- LI PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2. PAGE 100 LINE TABLE BEARING S89'31 '35"W SOO'02' 33" W SOO'02'33"W S89'31 '35"W NOO'OO'02"W N89'31'35"E LINE Ll L2 L3 L4 L5 L6 LENGTH 386.43 75.00 20.00 207.87 20.00 207.89 LEGAL DESCRIPTION FOR PARCEL 136FEE A PORTION OF TRACT 111. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 111; THENCE S.B9'31'35"W.. ALONG THE NORTH LINE OF SAID TRACT 111 FOR 3B6.43 FEET; THENCE SOO'02'33"W" FOR 75.00 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING RIGHT OF WAY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUE SOO'02'33"W.. FOR 20.00 FEET; THENCE S89'31 '35"W" FOR 207.87 FEET; THENCE NOO'OO'02"W., FOR 20.00 FEET TO A POINT ON THE SAID SOUTH LINE; THENCE N89'31'35"E., ALONG SAID SOUTH LINE FOR 207.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; J I J J I J / CONTAINING 4.157 SOUARE FEET, MORE OR LESS. fIJ.}JJIr>>\../ .,/ J ~ SKETCH & DESCRIPTION ONLY 0 40 80 1610 8Y\.lICHAEl A. WARD, PROFESSIONAL LAN~lu:yo~ I FLORIDA REGISTRATION CERTIFICATE NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1"=60' SIGNING DATE; FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~O;L6~~~ ~~~I~~~Ri~E p~~lri~~~o~~~N~0~~~YtR ~~DM~~~R~SED SEAL OF COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 136FEE COLLIER COUNTY, FLORIDA DlXTAINC.~ CONSULTING Civil~ ........., '.I. .... _oyfug"-' 6610 WlIIow Park Drive, Suite 200 Naples, Florida 34109 Phooe;(239}597'0575 FAX; (239) 597.0578 lBNo.:6952 FILE NAME UN26 SK136FEE JOB NUMBER 050106.02.00 0006 SHEET OF 1 SCALE 1" ~ 80' o ~ HIBIT Page s:- 4- Of--1l:t ~4+0t- > . ----+ . g 287+00 288+00 289+00 o , o o " o . o ::: o , a o t ~ . .~ 1- '~ ----1- PINE RIDGE RD, EXISTING 75' RIGHT OF WAY EASEMENT 230.98'(0) 20' ~ '-.,w . cr:I~ >-0 o <<0'0' QWwco a:: > 0... co o ~ u --....... _ >- '" --.lz f'. ' ffiw C> :J~:r::D- CLWI- _ _ (f) a::: co If)<(Of'.- l'-W zoo O'w wI. >1-0::: OLL-O >-0 z 0::::0) llJ-iJ)W....... " "-N WI- N 011-0 . <(:JaJ(') ~ ~ ~ ~: - - TRACT 1 1 1 - - ,O,o...:r:: ON - l..J.... I- z....... o : , " o o ~ ~ g ~ ~ ~ <>: Q 0' >-oj- <<0 "-<0 '-., "'''' N -"e- -"N iDO' wO " 0' "- CD o oj- N ~ n o ro e- N ~ , " ~ ;;:- , '" i , g" :': 50 & ~ o CD CD 9;: o CD <0 EAST 180' OF TRACT 107 SEMBLER FML Y PRTNRSHP #41 LTD OR 4140/1022 9;: o CD <0 Sv' '0..1.- ~ 193.39'(0) ~ ~ i TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~ . '0 o o ~ . ~ " " N W+E OR = OFFICIAL RECORDS (BOOK/PAGE) fXxXx>1 PROPOSED ROADWAY. DRAINAGE. AND UTILlT( EASEMENT (RDUE) f/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE S TRACT 1 1 2 ~~ ROAD RIGHT -CF-W,\y, DfWNAGE AND UTiliTY EASEMENT THE 100 LEGAL DESCRIPTION FOR PARCEL 137RDUE A PORTION OF TRACT 107. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNT(. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 107. CONTAINING 3.600 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR COLLIER COUNT( GOVERNMENT o I 40 . 60 I 160 I 4!L _c__ ~'t:L:' FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 "=80' BOARD OF COUNT( COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 137RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 60' 0\11 ^ 1NC~i=.tiOn CONSULTING Civil Engineering .&. ""' '.L ..a. Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239)597-0575 FAX: (239)597.0578 LB No.: 6952 FILE NAME UNZ6 SK137RDUE SHEET OF 1 JOB NUMBER 050106.0200 0006 ~ . ,; o c ~ . ~ EXHIBIT Page S <; of 'I N ~ , a ~ . ~ . < a , a a Jo a . a g o " 6 o n ~ , A i (3 283+00 284+00 28 +00 286+00 287+00 288+00 1- - 1 --+ 1- PINE RIDGE RD. EXIS PROPOSED ROADWAY EASEMENT PARCEL 138RDUE 1,500 SQ. FT. - 230. 98'(0) ~ . ~ '" .....w . Ct:I ~ f-O o "''''''' owwco Ct:bCLIX) u --~ _f- "' ---1zr--.- . OJw 0 ::J2; To... a... WI- _ en "'a) -ill<( Or--.- I'-WZCO 20' "'w WI. >f-", Oll.-O f-O Z "'a> Wu,W..- '" "-N W T- N I.n f-- 0 . <( ::J CO l.? ?~>TRACT 111- o a.. ~ ON ll..f--Z~ n ~ '" 0 f- 0 r2 f- "- a ... 0 - <0 ow..... ~~~ f- '" '" ","-N W "" 30 0 0:- "- a 0 "' <0 <0 '" f- '" L5 U'J '0 '.f.- 1'0 193.39' " n n w ! o o g n Nv w..... Z'" ="' "'~ "'~ "'", o '" o v N ~ TRACT 96 . , . W , '" ~ SEMBLER FML Y PRTNRSHP #41 OR 4140/1022 ~ o '" '" ~ o '" '" ~ o '" '" 0:- LTD o '" '" ~ f. g" 'Ii '" ~ ~ TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 N W+E ~ ~ ~ s TRACT 112- PERPETUAL, NON-EXCWSI\IE ROAD RIGHT-OF-WAY, DRAINAGE ANO UTlUTY EASEMENT OR ~ OFFICIAL RECORDS (BOOK/PAGE) fXxX)j PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (ROUE) 1// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE I d PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 138RDUE A PORTION OF TRACT 107. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 107. CONTAINING 1.500 SOUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR COLLIER COUNTY GOVERNMENT o I I/:!! !:!::.:~!:: FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: 40 I 80 I 160 I SCALE; 1"=60' BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 138RDUE COLLIER COUNTY, FLORIDA 0'11 ^ INC~i=atiOn CONSULTING CivilEngiueering .&. "" ,.... .... Surveying & Mapping 6610 Willow Park Drive. Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 La No.: 6952 FILE NAME UN26 SKI38RDUE SCALE 1" ~ 80' SHEET OF 1 o , f N ~ N o ~ . i;: . < o ~ o ~ ~ ~ g o " 6 o ~ ~ ~ . ~ o ~ " o o ~ ;; o o o . ~ ~ " . ~ ~ o l , " W , g" 'Ii '" ~ ~ ~ . ~ N 3l " , o o . . ~ -.j ----'" 0 28 +00 0 283+00 I 1- -.j -'" 0 0 ~ -"" 00-. :r'~ -. _I PINE RIDGE RD. + PROPOSED ROADWAY EASEMENT PARCEL 139RDUE 1,500 SQ. FT. 3: 'Wcr:: cr::r: . >- 0 o <tO'O' QWwCO o:::>D-ca o ~ u -'~ -1-- LD aS~r---0 :::J:2 I 0.... o....wf-- _ _ (n a::: co 1.0<(01'- f'l.u zco A EXHIBIT j( Page 5,' f of 286+00 --+ -L_ =r= O'W WI >>--0' OLL-O >--0 z O'm win w~ 2' (LN W I- N Vl>--O <(:JO::H.':l wo (L VlI ~ >--- ~wO::::::! 0... ION LLI--Z...... " "' In W.... '" 3:0 ~ w~[jZ ... :r:l'-zw I-Oi=LO 0 ill ~o::- w'-- "- <t~ TRACT 96 0>--", U"' -N ~ LL ~ 0::.... ",0 (LN .... 0' >-- 0 Vl ~ Q' ~ !':. w ~ 3: 0 0 " 0 OD OD OD OD OD OD OD OD Q' " OD OD " SEM8LER FML Y PRTNRSHP #41 LTD OR 4140/1022 I, ~ . I; ,t) liS' 287+00 N w+, S TRACT 1 1 1 2- OD ci ... N Q' " OD ill Scf 'Ocf._ 0..J TRACT 112- PERPETUAL, NON-exCLUSIVE ROAD RIGHT-oF-W,W. DlWNAGE AND UTILITY EASEMENT SCALE 1" ~ 80' LEGAL DESCRIPTION FOR PARCEL 139RDUE A PORTION OF TRACT 107. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 9S FEET OF THE WEST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 107. CONTAINING 1.500 SQUARE FEET. MORE OR LESS. .M)Jj//VldVl MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5.301 SIGNING DATE; NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. 20' TRACT 107 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 PROPOSED ROADWAY. DRAINAGE, AND UTILITY EASEMENT (RDUE) r/ / ~ EXISTING RIGHT OF WAY DEOICATED TO THE PERPETUAL USE OF PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2. PAGE THE 100 o I 40 I 80 I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I39RDUE COLLIER COUNTY, FLORIDA D'lTA rnc~=tiOll CONSULTING CivilEngineering ..L '-, ,.... ... Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK139ROUE J08 NUMBER 05010602.00 0006 SHEET OF 1 ~ f , " , o ~ - o . . < o , g 5!0 ~ o ~ o , o o & , K - ~ f 0' o o I o o o . ~ ~ ~ g "i ~. ~ ~ , g '- o " & ~ ~ " ~ ~ , ~ " . ~ o o o ~ 28 +00 -I~ EXHIBIT ~- =T-= -+ o:W wI. >f-o: OLL-O f-O Z O:m W-m W.- 0' D-N W I- N (J)I-O. <c=:>lXJc:> WO D- (f)I ~ f-" ~ W o::~ (LION u..I-Z~ " D:' o CO CO s TRACT 11 1 - !:'- CO ci .,. N s'" '0 if.- o 0/ TRACT 1 1 r OR ~ OFFICIAL RECORDS (BOOK/PAGE) lXxX)j PROPOSED ROADWAY. DRAINAGE. AND UTILITY EASEMENT (RDUE) r / / j EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF / /" PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE THE 100 PERPETUAL, NON-EXClUSlVE ROAD RIGHT-OF-wAY, DRAJNAGe ANO UnUTY EA8eMEHT LEGAL DESCRIPTION FOR PARCEL 140RDUE A PORTION OF TRACT 96. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PACE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE EAST 75 FEET OF THE EAST 150 FEET OF SAID TRACT 96 CONTAINING 1.500 SQUARE FEET. MORE OR LESS. + 283+00 284+00 28 +00 T--+- PINE RIDGE RD. + PROPOSED ROADWAY EASEMENT PARCEL 140RDUE 1,500 SQ. FT. 20' " ~wo::: o:::r.: . f-O o <:0:0: owwco o::>Qro o _ l) ,-~ _f- "' a3~"c:i =:>~:r:Q.. Q..wl-- _ _ VlD::ro L()<( Of'-. r"-WZOJ (/) f-<O W U'J0> 0 ~ L:\f- '" D- <: () 0 Z LL~~z:. "- ol-Woo 0_ - "'"' l!1lL..OCO m "'O:::!i:1"') (/)ro f-..... f-, '" z,., U'JO 0 w'" L:\~ 0'0> f- [S (/)'" D:' D:' ~o 0 z 0 0 '" CO '" <0 "-, CO '" OJ 0: <: u D:' o '" '" D:' o <0 '" TRACT 107 TRACT 96 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 jJ)Jd IZfr,(" MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATt: NO. 5301 SIGNING DATE: o 40 80 SKETCH & DESCRIPTION ONLY I I I NOT A BOUNDARY SURVEY SCALE, 1"~80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 160 I NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I40RDUE COLLIER COUNTY. FLORIDA JOB NUMBER 050106.02.00 0006 DlXT ^ mC~~tion CONSULTING Civil Engineering .&. ~, '.L ... Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239)597-0575 FAX: (239)597-0578 LB No.: 6952 FILE NAME UN26 SK140RDUE SCALE 1" ~ 80' SHEET OF 1 ~ f ~ , a~ ~ ~ -280+00 N --;;1+00 i ~+E_ ~ a g [< g S ~ U; -----;s 28 +00 0 EXHIBIT Page s;- i? of .HOO 1, '"','"~-~ - '''00 PI~E RID+. +- PROPOSED ROADWAY EASEMENT PARCEL 141RDUE 1,500 SQ. FT. -=l 50 ............wa: "'I . e-o o <C'" I owwco o:::i:;o....[() u --~ _ e- <0 .-Jz f'. . CDW L? :::;l2Io... o....w f- _ (J]IW Ln<tOr-- ......wzco ~ ~. K ~ 20' f " a a ~ ;; a a a . ~ ~ ~ 0 ~ , "- ~ is , 0 > ill ~ ill , g , a :0 ~ ~ ~ 2 i " . " ~ ~ " . (J] W ...J b 2t <0 Z <0"- tncnOo; ;::)>-(J]<Xl Uf-",- "-<cZr-- o~~~ in~tno:: D::' I'O~ 0 o tn ~ ~ W w 50 <Xl [i' 1\ WINN OR 1537/698 o "' o 0- z"'- WW I<O ow :;;"' I o [}' o ill '0 [}' o on ill [}' o CD <0 TRACT 107 TRACT 96 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 OR ~ OFFICIAL RECORDS (BOOK/PAGE) lx;<21 PROPOSED ROADWAY. DRAINAGE. AND UTILlT!' EASEMENT (ROUE) [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE ._~ PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 141 ROUE ,~.. A it;'"' -1- L_ IW WI. >e-", OLL-O ~Oa::m W-i.O W...... :;; IN WI. N (j) I- 0 . <(~ro0 WO I ---llfJ~ _ ~WO:::~ [LION l.i...I-Z...... is o ill ill PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DfWNAGE AND UTILITY EASEMENT A PORTION OF TRACT 96. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNT!'. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 7S FEET OF THE EAST 150 FEET OF SAID TRACT 96 CONTAINING 1.500 SQUARE FEET, MORE OR LESS. M j/JJ1~1f71." MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO, 5301 SIGNING DATE; SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 160 I 40 I BO I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER D'11 A INC~='tion CONSULTING Civil Engineering .&. ....., ,.I... .... Surveying & Mapping 6610 Willow Park Drive, Suile 200 Naples, Florida 34109 Phone: (239) 597.0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 5K141RDUE COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 141RDUE COLLIER COUNTY. FLORIDA JOB NUMBER 05010602.00 00D6 DATE 8-23-07 SCALE 1" ~ 80' SHEET OF 1 .~ N o o ~ ..., en -0 28 +00 0 o <:) 260+00 . > < 281 +00 .?- N 2 '" o ~ o a m ~ " o & ~. ~ o ~ 20' ~ , f ~ o o ! o o o m if ~ Vl W -' CL <t Z WEST 180' OF TRACT 96 W1NN OR 1537/698 "- o~ m Vla;J f-'-., Zr-- w'" "m f- Vl", ~ ~o o Z '" '" w rn ii' <t U ~ o r I ~ o co '" ~ ~ ~ g. , .. o '" & Ii , o " ! ) EXHIBIT A t --=: PEe S-' oUI..5=-- 283+00 284+00 28 +00 1- N _1_ "" "'" eo. .-W~E-.- -=1 s-L-= 3: ",W ~~ ~ ~ ~ ci oJ-o OLLO <(0::0:: f--.-O o~wco OinEJ:?2 n:::oD....~ :2 o...N ~r--~~"- WIn N -lZr--- . ~~a5cj rnW 0 :::J~Io... W&i:cCL 0... WI- _ -l f-" R (f) cr:co 08 w o::~ 111<(0r--- (LION r---wzro LLI-Z,...... o "' o O~ Z'-., Wa;J <Yon 0a;J ""' '" o ~ ~ ~ Q ~ 0 0 0 0 CO '" CO CO '" '" '" CO TRACT 107 ~ TRACT 96 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~ 3i , . ~ C ~ o . o OR = OFFICIAL RECORDS (BOOK/PAGE) lXxX/1 PROPOSED ROADWAY, DRAINAGE. AND UTILITY EASEMENT (RDUE) [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE __d PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100 PERPETUAL, NON-EXCLUSllJE ROAD RIGHT-OF-wAY, DfWNAGE ANO UTlUTY EASEMENT LEGAL DESCRIPTION FOR PARCEL 142RDUE A PORTION OF TRACT 96, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. IN PLAT BOOK 7. PAGE"15;Or THE PUBLIC 49 SOUTH. RANGE 26 EAST. COLLIER ,..-' -'! CONTAINING 3,600 SQUARE FEET. MORE OR LESS. THE SOUTH 20 FEET OF THE NORTH 95 FEET OF THE WEST 180 FEET OF SAID TRACT 96. . ,..,.... " SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 SCALE: 1 n""60' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 142RDUE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 80 , ; . r (r) , ;/j):" If!:.". ; ""~t4k7 BY; , ';.',"'...... frl". , MICHAEL A WARD, PROFESSIONAlI.1l'AND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5JO'1' SIGNING DATE: " II':.! NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROfESSIONAL SURVEYOR AND MAPPER. 160 I SCALE 1" ~ 80' D'lTA INC.=.on CONSULTING Civil~ ... ...., , .... .... SmveyiDg & MOpp;ng 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK142RDUE SHEET OF 1 ~ , ~ ~ EXHIBIT /\ Page C C) of il:5 . '^ . ~ ~ 8 . ~ ~ il " o & ~ - LINE SECTION 10 SOUTH _ NORTH LINE S~C~~~G~ 526 EAST TOWNSHIP 49 SOUT . N W+E ~ .~ , f " TRACT 94 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 S 2 . ~ 8 € o . 0 <D <D~<D "'''' 0", ZN :S;;;' d~ ::0'" 0", Q?o ~ ii::: f6 b € <D "' TRACT 95 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~ ~ ~: EAST 180' OF TRACT 94 DANCA OR 670/1780 CHRISTIANSEN JR TR DANCA TR WMBS&P PTRUST OR 1474/1549 ~ ~ (:; (, co co co co '" f- f- 0:: ~ ~ ~o::o:::l.() z r-b::" w", -t VlUo.. r--- zZO(! v :<:!;<((/)..... f-Oro ~ 20::: ~ 3: 0 () ~ " o ~ I lr;~ ~ [;g1-1),z ,,-~z:;' Ol-~r-.. loll.. ct: "0 0 I- B o co co ? o co co ~ ~ f ~ ~ [ 20' PROPOSED ROADWAY EASEMENT PARCEL 143RDUE 5,100 SQ. FT. ~ . . ~ o c jt~~ 281+00 -T ..., '" ----0 28 +00 0 -I I PINE RIDGE RD. OR ~ OFFICIAL RECORDS (BOOK/PAGE) kXxXx>j PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE) r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE THE 100 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT LEGAL DESCRIPTION FOR PARCEL 143RDUE A PORTION OF TRACT 94, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 94 AND THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 75 FEET OF THE WEST 150 FEET OF SAID TRACT 94. CONTAINING 5.100 SQUARE FEET. MORE DR LESS. o 40 80 SKETCH & DESCRIPTION ONLY I I NOT A BOUNDARY SURVEY SCALE. 1'=60' FOR; COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 160 , , iJJiI11~/~ MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE; NOT VALID WITHOUT lHE ORIGINAL SIGNATURE &; RAISEO EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO t.lAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 143RDUE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' D'lT^lNC~ CONSULTING aw~ .A. '-, '.L .... ......,.,. & M>pping 6610 Willow Park Drive, Suite 200 Naples,FJorlda34109 Phone: (239) 597-0575 FAX: (239) 597.0578 LB No.: 6952 FilE NAME UN26 SK 1 43RDUE SHEET OF 1 ~ ~ ~ , .- , Q Q , ~ , , < o ;.- , o ~ Q - . o G o 6 , 6 o ~ ~ o ~ OJ] N W+E SOUTH LINE SECTION 10[ NORTH YNE SECTRIOA~G~ \6 EAST 49 SOUTH, I TOWNSHIP EXHIBIT ! Page 6 I of II..? - s TRACT 95 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 r " 2 ! Q o o . ~ ~ ~ o w f ~ o <D <D CL o <D <D ~ o <D <D ;g l. TRACT 94 !f WEST 180' OF TRACT 95 CHRISllANSEN JRTR DANCA TR WMBS&P PTRUST OR 1474/1549 ~U1~ ~ en Vl 0 l.LJ1-D::: ::)10 IU-'g:g:'" J-;$z 0..' I..i...l=w<( '"t- o VlZUll.r-- lL. zetd-.t ~ O<<Vl- '" Fe I"'--A(I) lIlo::: J-2Ci ~o Vl~I w U ~ o o oj- >-"' ",'--- ",0> ",0 m:;!; '" o ~ o <D <D ~ o <D <D TRACT 108 'i'i '" ~ ~ , ~ 2 ----+ - PROPOSED ROADWAY EASEMENT PARCEL 144RDUE 5,100 SQ. FT. ~ { ;- - ~ ~ o ~ 283+00 284+00 28 +00 PINE RIDGE RD. 1- T OR = OFFICIAL RECORDS (BOOK/PAGE) p<)<)j PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (RDUE) r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2, PAGE 100 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION FOR PARCEL 144RDUE A PORTION OF TRACT 95, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH TOGETHER WITH; THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE WEST 75 FEET OF EAST 150 FEET OF SAID TRACT 95. 95 FEET OF THE WEST 180 FEET OF SAID TRACT 95 .',...." SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 40 80 I 160 , , .. .', '~ . ,,". ( '. ,.' ~~,. it;) .1(D.: .... \ ',,\~ .';')v"A~(/ ,,' ," ,r.~L ! BY, CHAEL A. WA~D, '~;D"~SIONAC LAND 'DR";DR FLORIDA REGISTRATION,' CERTIFICATE' NO.' 5301 SIGNING DATE: ...! NOT VALID WITHOUT THE ORIGINAL' SIG'NATURE &. RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSlpNAl SURVEYOR AND MAPPER. CONTAINING 5.100 SQUARE FEET. MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 144RDUE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" = 80' DATE 10-24-07 D\lTA 1N"~on CONSULTING Civil~ .... ....., , .... .... s.m.y;.g & MOpping 6610 Willow Park Drive, Sulle 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK144RDUE SHEET OF 1 " 0 0 ~ ~ <0 ~ < g " 2 3 ~ ;; " ~ 6 0 t , a ~ - , r " 0 0 , ~ 2 0 " ~ ~ ~ Co < <0 . <0 ~ ,. I ~ '" ~ ,. !f "- ~ v ~ ~ ~ ~ ~ .. " ~ 0 c , . , < ;00 TH LINE SECTION 101 SOU -+- NORTH LINE SECTION 1 S, EAST , RANGE 26 TOWNSHIP 49 SOUTH. N W+E XHIBIT rl age (.J- of J s TRACT 95 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~ o <0 <0 CHRISTIANSEN JR TR DANCA TR WMBS&P PTRUST OR 1474/1549 '" I- I- ~ ~s;; ---;lO::o::L(") Z l- r- -.- w (L '-. (J)0Q~ zZ~.q- ::f<(U)....--- I-Oco ~ ~a:: ~ 3: 0 u ~ o 0 <0 on <0 ~ Co <0 <0 ~ Co <0 <0 281 +00 I -..J en -0 28 +00 0 ~~ ~ w....?;:~ f!:~O:tn u..lO:O'ia: o '" . ~ 0::: on 0 r-- .... V> i::i TRACT 108 -I PROPOSED ROADWAY EASEMENT PARCEL 145RDUE 1,500 SQ. FT. 20' I -..J en ----0- o 284+00 28 +00 286+1 T -I PINE RIDGE RD. OR = OFFICIAL RECORDS (BOOK/PAGE) IXxXx>j PROPOSED ROADWAY, DRAINAGE ANO UTILITY EASEMENT (RDUE) f/ / ~ EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100 PERPETUAL, NON-exCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT LEGAL DESCRIPTION FOR PARCEL 145RDUE A PORTION OF TRACT 95. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 75 OF EAST 150 FEET OF SAID TRACT,O,5I. "', ,....., " ", .,,',:":":"/'~;:'fl~::'H I'}." i, "f' \ C~J j /~!jjJ;;q~, 8Y",~~~, ;;OFE~"';'l LAND SO'V"';R FLORIDA REGISTRATION CERTIFICATE' N@.',5jOl ._,." SIGNING DATE;' " . l CONTAINING 1.500 SQUARE FEET, MORE OR lESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I I.'. 40 I 80 160 I SCALE: 1"=80' OF COUNTY COMMISSIONERS NOT VALID WJTHOUT THE ORIGINAL SIGNATURE &:' RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR' AND MAPPER. JOB NUMBER lS0106.02.00 0006 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 145RDUE COLLIER COUNTY, FLORIDA SCALE 1" ~ 80' DlX'A INC'~~on CONSULTING Civil~ ........, u.. ..... s"",.,.mg&MippWg 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX; (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK 145RDUE SHEET OF 1 o il ~ N '" N o o N <5 ~ . . - o 0- g ... o " q ~ ~ 6 o N w+, SOUTH LINE SECTION 10 E SECTION 15 NORTH LlN ANGE 26 EAST OWNSHIP 49 SOUTH. R EXHIBIT A Page G J' of...Ll2.. TRACT 109 f ~ o ~ s q ~ ~ q q ! o q q . f ~ o <0 <0 TRACT 108 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 TRACT 95 ~ . W ,. '" ~. %= o <0 <0 ~ o <0 <D ~ o <D <D N :'l , ,. g" WEST 150' OF TRACT 108 SMITH OR 3625/1590 PATTERSON OR 2872/3380 TRACT 1 1 0 ... q p ~ ~ ~ [( ~ N -" ~ :;: . ~ o ~ ~ . " 283+00 PROPOSED ROADWAY EASEMENT PARCEL 146RDUE 3,000 SQ. FT. 286+00 287+00 288+00 1- -I -+ 1- PINE RIDGE RD. OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (ROUE) [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE - ,j PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100 LEGAL DESCRIPTION FOR PARCEL 146RDUE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF_WAY, DRAINAGE AND UTIUTY EASEMENT A PORTION OF TRACT 108. GOLDEN GATE ESTATES. UNIT. 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10 AND 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. CONTAINING 3.000 SOUARE FEET. MORE OR LESS. """'. ' THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE WEST 150 FEET OF SAID TRACT 108. /", '. ',' (--,." j / I,') , " :! .~I',r, . SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 160 I l.)~/Jt2;~l B\lct~ ~ROFESSIONAL LANa SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 146RDUE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" ~ 80' DATE 8-23-07 DlXTA U<C'~OD CONSULTING Civil~ ..&. '-, '.I.. .... s"""yIDg & Mopping 6610 Willow Park Drive, Suite 200 Naples, FlorJda34109 Phone; (239) 597-0575 FAX; (239) 597-0578 LB No,: 6952 FILE NAME UN26 SK146RDUE SHEET OF 1 ~ " . ~ .~ N ~ , ~i I ~1 a " . , < a 0- N Q Q ~ ~ Q a . ~ " Q t- o K , e N W+E SOUTH LINE SECTION 10 ORTH LINE SECTION 15 EAST N RANGE 26 OWNSHIP 49 SOUTH. ;~~'Bjr of ~ ~~ TRACT 109 s ~ , ~ a a . 3, Q Q a . s o "' "' TRACT 108 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 TRACT 95 ~ " " a g ~ ~. s o <D <D s o <D <D s o "' "' ;g f. o' , "" Q " & ~ ~ " ~ 'i - SMITH OR 3625/1590 EAST 180' OF TRACT PATTERSON OR 2872/3380 108 TRACT 1 1 0 108 283+00 284+00 T -.J '" ---0- o 20' PROPOSED ROADWAY EASEMENT PARCEL 147RDUE 3,600 SQ, FT. N :!' . ~ ~ c C " . . 287+00 288+00 1- T 1- PINE RIDGE RD, OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED ROADWAY. DRAINAGE AND UTILITY EASEMENT (ROUE) r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2. PAGE 100 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION FOR PARCEL 147RDUE A PORTION OF TRACT 108. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTIONS 10 AND 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 20 FEET OF THE SOUTH 95 FEET OF THE EAST 180 FEET OF SAID TRACT 108. CONTAINING 3.600 SQUARE FEET. MORE OR LESS. ,f""" SCALE: 1"=80' OF COUNTY COMMISSIONERS BY; MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. (',j i( SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 60 160 I .....",vftlo1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 147RDUE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" ~ 80' DATE 10-24-07 D'lTA INC.=.on ,CONSULTING Civil~ . ... ...., u.. .a. Swveyfug & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN26 SK147RDUE SHEET OF 1 ~ ~ .' , Q Q . " . . < J , Q !' Q . Q C . ~ Q Q n 0 ~ ~. . K ~ ~ , ~ ~ " 2 ! Q Q Q . ~ r 0 <D . <D 0 . W o. "- ~. " ~ ~ ,. ,. o ~ :; ~ ~ o o o . " . ~ , . ~ ~ ~ f , , 8_ . , . , ~ ~-t- ~ E EXHIBIT A Page 6':; of i I ,s-; 660'(P) TRACT 109 N W+, s 660'(P) TRACT 110 EXCEPTING THEREFROM THE EAST 225' AND THE SOUTHERLY 75' NERVO OR 3610/1630 TRACT 110 GOLDEN GATE ESTATES UNIT 26 PLAT BODK 7 PAGE 15 NATIONAL RETAIL PROPE OR 4157/2352 PROPOSED RIGHT OF WAY PARCEL 14BFEE 1,740 SQ. FT. 4' 292+00 I 1- PINE RIDGE RD. OR ~ OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE -~ PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100 FEe SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 14BFEE A PORTION OF TRACT 110, GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST.. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 4 FEET OF THE SOUTH 79 FEET OF SAID TRACT 11 D EXCEPTING THEREFROM THE EAST 225 FEET. CONTAINING 1.740 SQUARE FEET, MORE OR LESS. o I ~~ FLORIOA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORICINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. 40 I 80 I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD SCALE: 1 ~=80' OF COUNTY COMMISSIONERS COLLIER BOULEY ARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 148FEE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 0006 D'XTA U<C'~tion CONSULTING CivllEngiueering .&.. ....., , .L ... Surveying & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (2::l9) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK148FEE SCALE 1" ~ 80' SHEET OF 1 . . , .' ~ 0 ~ w " . ~ !J ~ 0 ~ ~ 0 " " ~ g ~ ~ ~ . ~ - [ " 0 0 ! g g is ~ ~ 0 '" ~ '" . ~ , -g: ~. ~ ;g ~ ,. g" ~ OJ ~ ~ iJ c o '" ~ i ~- ~ ~ .- , "- ~ ~ "'-+ ~ ~ ~- , ~ g . J. , 9 .\ nQ u.;) ~ EXHIBIT 11 Page {r; of i 13 N W+E 660'(P) TRACT 1 09 S 660'(P) TRACT 110 EXCEPTING THEREFROM THE EAST 225' ANO THE SOUTHERLY 75' NERVO OR 3610/1630 TRACT 11 0 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 148TCE 6,960 SQ. FT. NATIONAL RETAIL PROPE OR 4157/235, 292+00 1- PINE RIDGE RD. OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ '" '-.j PROPOSED 16' TEMPORARY CONSTRUCTION lX)<)1 PROPOSED RIGHT OF WAY r//~ TEMPORARY CONSTRUCTfON EASEMENT DURA TlON $ YEARS. EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 AND ROAD BOOK 2, PAGE 100 LEGAL DESCRIPTION FOR PARCEL 148TCE A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7, PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 16 FEET OF THE SOUTH 95 FEET OF SAID TRACT 110 EXCEPTING THEREFROM THE EAST 225 FEET. CONTAINING 6.960 SQUARE FEET. MORE OR LESS. o I W(! I , ~ v B. . ~ICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: 40 I 160 I '17jiJf!> 80 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1 ~"'80' BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 14BTCE COLLIER COUNTY, FLORIDA D'lT^INC~ CONSULTING Civil~ ..... '- Y Y.L .... s_.._ 6610 WIUow Park Drive, Suite 200 Naples,FJorlda34109 Phone: (239) 597'(}575 FAX: (239)597-0575 LB No.: 6952 FILE NAME UN26 SK 148TCE JOB NUMBER 050106.02.00 0006 SCALE 1" ~ 80' SHEET 1 OF 1 ~ ~ '" " ~ " . , ~ g. - g ~ ~ N ~+ 6 " i W E . ~ 660'(P) ~ S . " ~ ~ 2 . ! o 1,1 ~ ~ . ~ -[ ~. NERVO OR 3610/1630 LINE 11 L2 L3 L4 L5 L6 L7 L8 LINE TABLE BEARING SOO'29'08"E S89'31 '3S"W Noo'3o'23"W N89'31 '35" E N63'S3'00" E N29'S8'SS"E Noo'29'08"W N89'31 '41" E , OJ ~ ~: , 'I; "' ~ ~ , ~ " !1 ~- "- t- ~ :,- - - - -- g 289+00 290+00 1-+ - r ~o"(p) ~;~I~~ of ~ \ 3 TRACT 109 660'(P) NORTH LINE OF TRACT 110 PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT ~ TRACT 110 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~. PROPOSED TEMPORARY CONSTRUCTION EASEMENT LENGTH 255.02' 225.01' 4.00' 180.01 ' 27.73' 19.72' 222.02' 10.00' EAST 225' OF TRACT 110 EXCEPTING THEREFROM THE SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2352 4' PROPOSED RIGHT OF WAY PARCEL 149FEE 3,765 SQ. FT. -~ T -~ --.J '" --0-- '1- 2:0 --.J -0- o o PINE RIDGE RD, 10 I' II II II I LIDO' WIDE PER PLAT o o + " iO o o + '" iO -I ~ o m OR ~ OFFICIAL RECORDS (BOOK/PAGE) kX)<)j PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE _----L1 PUBLIC PER PLAT BOOK 7, PAGE 15 AND ROAD BOOK 2. PAGE 100 LEGAL DESCRIPTION FOR PARCEL 149FEE FEe SIMPlE INTEREST A PORTION OF TRACT 110. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 110; THENCE S.Oo'29'08"E.. ALONG THE EAST LINE OF SAID TRACT 110. FOR 255.02 FEET; THENCE S.89'31'35"W.. FOR 225.01 FEET; THENCE N.oo'30'23"W.. FOR 4.00 FEET; THENCE N.89'31'35"E" FOR ISo.o1 FEET; THENCE N.63'53'Oo" E.. FOR 27.73 FEET; THENCE N.29'SS'55" E.. FOR 19.72 FEET; THENCE N.00'29'oS"W.. FOR 222.02 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 110; THENCE N.89'31 '41"E.. ALONG THE NORTH LINE OF SAID TRACT 110. FOR 10.00 1JJ]jJ; :;;~: MICHAEL A. WARD. PROFESSIONAl LAND SURVEYOR FLORIDA REGISTRATION C[RTJfICAT[ NO. 5JOl SIGNING DATE; CONTAINING 3,765 SQUARE FEET MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY seAL", 1 "~ao' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS o 1 40 ao 160 I NOT VALID WIlHQUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROfESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 149FEE COLLIER COUNTY, FLORIDA DlXT^lN"~ CONSULTING Civi1J:!oainccdng .... '-, '.L ..L s""'_ & Mopp;ng 6610 Willow Park Drive, Suite 200 Naples,F1orlda34109 Phooe:(239)597"()575 FAX; (239) 597-0578 lBNo.:6952 FILE NAME UN26 SK 149FEE JOB NUMBER 050106.02.00 0006 SCALE 1" = 80' SHEET OF 1 t " ~ " ~ ~ ~ ~ o " N ~ 0+ g ~ i W E . . ~ ~ ~ , o ~ ~ c o g== , ~ ~ ~- - - - - , ~ " ~ -+ ~ 66~'(P) ~ OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" '" "1 PROPOSED 5' TEMPORARY CONSTRUCTION g l lX)<)1 PROPOSED RIGHT OF WAY , ~ r//,,1 . , o ~ . ~ ~ , " o o ! o o o . ~ ~ LINE L1 L2 L3 L4 L5 L6 L7 LS L9 L10 L 11 s NERVO OR 3610/1630 LINE TABLE BEARING SS9'31'41"W SOO'29'OS" E S29'5S'55" W S63'53'OO" W SS9'3I'35"W NOO'30'23"W NS9'31'35"E N63'53'OO"E N29'5S'55" E NOO'29'OS"W N89'31 '41"E 289+00 EXHIBIT /4 Page &:. s:-- of ( IT 660'(P) TRACT 109 ~.W0 II II II II I 1--100' WIDE PER PLA T o o + ~ W o o + '" W ~ . o I a" '" " ~ a. g" 560'(P) NORTH LINE OF - TRACT 110 L II 5' r o 15' TEMPORARY CONSTRUCTfON EASEMENT DURA nON S YEARS. THENCE S.00'29'OS" E.. FOR 222.D2 FEET; THENCE S.29'5S'55"W., FOR 19.72 FEET; THENCE S.63'53'OO"W.. FOR 27.73 FEET; THENCE S.S9'31'35"W" FOR 180.01 FEET; THENCE N.OO'30'23"W.. FOR 5.00 FEET; THENCE N.89'31'35"E.. FOR 178.87 FEET; THENCE N.63'53'OO" E.. FOR 25.07 FEET; THENCE N.29'58'55" E.. FOR 16.84 FEET; THENCE N.OO'29'OS"w., FOR 220.66 FEET; THENCE N.S9'31 '41"E., FOR 5.00 FEET TO THE POINT OF BEGINNING. LENGTH 10.00' 222.02' 19.72' 27.73' 180.01' 5.00' 17S.S7' 25.07' 16.84' 220.66' 5.00' PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT ~ TRACT 110 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 149TCE 2,227 SQ, FL EAST 225' OF TRACT 110 EXCEPTING THEREFROM THE SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2.'." "' -' L7 EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 149TCE A PORTION OF TRACT 110. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. 290+00 T " en --0- }- -+ PINE RIDGE RD. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110; THENCE S.89'31 '41"W., ALONG THE NORTH LINE OF SAID TRACT 110 FOR 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; EASEMENT LESS. 40 .. ~u )0'0 CONTAINING 2.227 SQUARE FEET MORE OR o I 80 160 , MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIfiCATE NO. 5JO 1 SIGNING DATE; SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD SCALE: 1"""80' OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGiNAl SIGNATURE &. RAISED EMBOSSED SEAL OF A flORIDA REGISTERED PROFESSIONAl SURVEYOR AND ~APPER. COLliER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 149TCE COLliER COUNTY. FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 15 D\lTAINC~<m CONSL"LTING avilEngiDce.rlng .&. '-, '.L .... s..,.,.,.&_ 6610 Wlllow Park Drive, ::>ulte200 NapIBS, Aorlda34109 Phone; (239) 597..{}575 FAX; (239) 597-0578 LB No.: 6952 FILE NAME SHEET UN26 SK149TCE OF 1 SCALE 1" = 80' ~ ~ Q ~ ;; ~ EXHIBIT It Page e,; q of t l.s ~ 3- ~ Q Q :0 N ~ ~+ iJ 6 Q & ~. ~ W E . 660'(P) TRACT 109 ~ s Q ~ 660'(P) " Q Q ~ -" Q Q ~ ~ ~ PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT PARCEL 149TDRE 1,400 SQ. FT ~ . [ ~ o' , NERVO OR 3610/1630 TRACT 1 1 0 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 OJ ~ W ~: , :; ~ ~ n ~ . c ~- ~ [;j~ 3 ~ ~ ~- " Q c ~ --t- 35' II I II II I Ll00' WIOE PER PLAT o o + ~ <D o o + ~ <D TEMPORARY 5' CONSTRUCTION EASEMENT- EAST 225' OF TRACT 110 EXCEPTING THEREFROM THE SOUTHERLY 75' NATIONAL RETAIL PROPERTIES LP OR 4157/2352 289+00 290+00 T " '" 0-- o it- -+ " --!l!- o o PINE RIDGE RD. r 66d.(p) ~ ~ Q " ? 1 ~ ~ 1- , . " ~ 10' -I ~ o ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT pJIlA1qtl~: . . .. . . . OR ~ OFFICIAL RECORDS (BOOK/PAGE) c=cJ PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT ~"-.~ M(1 PROPOSED RIGHT OF WAY r//~ ,- PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 149TDRE A PORTION OF TRACT 110. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOI, 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 1S. TOWNSHIP 49 SOUTH. R.~NG[ 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE NORTH 40 FEET. MINUS THE EAST 15 FEET AND THE WEST 175 FEET OF THE EAST 225 FeET OF SAID TRACT 110. i!:~~ FLORIDA REGISTRATION CEifIIF"ICAT[ NO. 5JO 1 SIGNING DATE: CONTAINING 1.400 SQUARE FEET. MORE OR LESS. o I 40 60 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE, l'~8O' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VAliD WITHOUT THE ORIGII,,^,-- SIGNATURE &: RAISED EM80SSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL Sl}RVEYOR ANO MAPPER. D'lT^INC~ CONSULTING Civil.~ .&. "" , .... .a. Surveying &. Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phooe:(239}597-Q576 FAX: (239) 597.0578 l8 No.: 6952 FilE NAME SHEET UN26 SK 149TORE OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF, PROPOSED TEMPORARY DRIVEWAY PARCEL I49TDRE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 RESTORATION EASEMENT SCALE 1" = 80' f r,-. " N W+E EXHIBIT Page 70 of lis .~ N g , ~ > < 9 N a a '" a , a " .> a N 6 a & ~. s 660'(P) PLAT BOUNDARY . '- ~ SOUTH LINE SECTI~O NORTH LINE SECTION 1526 UTH RANGE TOWNSHIP 49 SO . -I o o + on ;;; , a ~ EAST ~ VETERANS OF FOREIGN WARS OF THE UNITEO STATES OR 808/981 Ll00' WIDE PER PLAT 1- a a ~ ;; a a a > f , ~ ~ , !:.i" 45' o o + " <0 TRACT 109 660'(P) GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 " o a ! ~. ~. SOUTH 150' OF TRACT 109 LDJ ASSOC. LTC OR 1391/1796 PROPOSED RIGHT OF WAY PARCEL 150FEE 6,750 SQ. FT. .. a '" a o ~ ~ " 66D'(P) PROPOSED TEMPORARY 5'- CONSTRUCTION EASEMENT ~ 2 I_I: 0 0:: TRACT 1 1 0 ~ -' :J 0 ill III 0:: w :J -' 0 u III III o o + N ;;; ~ N ~ , a R o " o o + <0 OR = OFFICIAL RECORDS (BOOK/PAGE) k><x><x>1 PROPOS EO RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEOICATEO TO THE PERPETUAL __<1 OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 150FEE A PORTION OF TRACT 109. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 45 FEET OF THE SOUTH 150 FEET OF SAID TRACT 109. CONTAINING 6.750 SQUARE FEET, MORE OR LESS. ,I""" SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 40 ] 80 160 , " IllUt4rt{.1 "IC{E~10iESS]ONA'lANO SURVEYOR FLORIOA REGISTRATION CERTIFICATE NO. 5301 SIGNING OATE: NOT VALID WITHOUT THE ORIGINAL SiGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 P""BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 150FEE COLLIER COUNTY, FLORIDA JOB NUMBER 50106.02.00 0006 SCALE 1" = 80' OATE 8-23-07 D\XT^INC.~ CONSULTING CivilEngineering .A. ...., '..L ..a. S""'6,mg & Meppmg 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597"0578 lBNo.:6952 FILE NAME UN26 SKl SOFEE SHEET OF 1 N -~ !W+E EXHIBIT Page 7 ( of [I" A N a 3 a . a ~ ~ b a t W . ~ s 660'(P) PLAT BOUNDARY , f " SOUTH l;NE SECT\~O NORTH UNE SECTION 15 RANGE 26 TOWNSHIP 49 SOUTH, -I o o + en "' EAST TRACT 110 50' 5' L I '" '" ~ I -' ::J 0 m III n:: w :J -' 0 (J III III II I L100' WIDE PER PLAT a a . ji, a a a a ~ ~ . ~ Q "Q.' ~. VETERANS OF FOREIGN WARS OF THE UNITED STATES OR 808/981 660'(P) TRACT 109 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 PROPOSED TEMPORARY CONSTRUCTION EASEMENT-......... PARCEL 150TCE 750 SQ. FL 109 , ~ f. g" SOUTH 150' OF TRACT LDJ ASSOC. LTD OR 1391/1796 "" a ;. i! " o ~ ~ ~ , o " a < ~ < '" ~ ~ ~ 650'(P) o o + N "' ~ ~ ~ . a iJ o . ~ o o ;!: "' OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION I?\X,(j PROPOSED RIGHT OF WAY r//~ EASEMENT TEMPORARY CONSTRUCTtON EASEMENT DURATION S YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 LEGAL DESCRIPTION FOR PARCEL 150TCE A PORTION OF TRACT 109. GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK 7. P"OE '15 'OF THE PUBLIC RECORDS OF COLLIER COUNT!. FLORIOA. LYING IN SECTION 15. TOWNSHIP 49 SOUTH.",'RANGE 26 EAST. COLLIER COUNT!. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 50 FEET OF THE SOUTH 150 FEET OF SAID TRACT 109.; CONTAINING 750 SQUARE FEET, MORE OR LESS. "i, SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I 160 I BY: Mle FLO DA REGISTRATION CERTIFICATE NO. 5301 SIG ING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 ~=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 150TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION J50106.02.00 0006 REV 2 15 SCALE 1" = 80' DATE 8-23-07 D'XT^INC.~ CONSULTING CivilEnginecring ..&. "-, ,.... ..... S""'_ & Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK150TCE SHEET OF 1 ~ " ~ .~ N a a , N W+E I a ;; , < J. N a ~ a ~ a a > ~ 6 a ~ ~ . ~ EXHIBIT ;-l Page -; J.. ot.J1.l. S 660'(P) o o + .... <D , f TRACT 120 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4 PAGE 73 I I: I, I o o + <0 <D " a a . ~ a a a > ~ > . W ~ ~. SOUTH LINE SE~ 10 NORTH LINE SEC~~~G~ 526 EAST TOWNSHIP 49 SOUTH. 45' 660'(P) PLAT BOUNDARY PROPOSED RIGHT OF WAY PARCEL 151FEE 8,100 SQ, FT. , g, ~ I~ o' , .. a p a o [ a o " !1 PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ NORTH 180' OF TRACT 109 VETERANS OF FOREIGN WARS OF THE UNITED STATES OR 808/981 5'l I I, ! => II : II I ~ II I I~ o o + "' <D 660'(P) TRACT 109 GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 ~ { " ~ , . . o LDJ ASSOC. LTD OR 1391/1796 660'(P) OR = OFFICIAL RECORDS (BOOK/PAGE) ~ PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL - c1 OF THE PUBLIC PER PLAT BOOK 7. PAGE 1 S USE FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 151FEE A PORTION OF TRACT 109. GOLDEN GATE ESTATES. UNIT 26 AS RECORDED IN PLAT BOOK 7. PAGE 15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTIONS 10. AND 15, TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 45 FEET OF THE NORTH 180 FEET OF SAID TRACT 109. CONTAINING 8.100 SQUARE FEET, MORE OR LESS. ,"""t SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE, 1"~8O' FOR: COLLIER COUNTY GOVERNMENT BOARO OF COUNTY COMMISSIONERS o I 40 I 80 I 160 , (i?Ji~1 / 7~,i'fP BY: , . " MI E[ A. WARD,I.'RROFESSIONAL' lAND- SURVEYOR FLORIDA REGISTRATION1CERTIFIC,,\TE' N~. 5301 SIGNING DATE: " j'" NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: ~AlSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR. AND MAPPER. (.) j I '.'.J (.) COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 15lFEE COLLIER COUNTY, FLORIDA JOB NUMBER 50106.02.00 0006 SCALE 1" = 80' D'lTA INC~on CONSULTING Civll~ .&. '-, U.. ..... Smveying & Mopping 6610 Willow Park Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN26 SK151FEE SHEET OF 1 ~ f , .' , o o , <5 " o > . o / , o o ~ ~ o <5 . 6 , 6 o ~ ~. ~ " .~ N W+E EXHIBIT A Page 75' of' f ( :::, s , ~ ~ o o . ~ o o o . ~ ?; " [ "Q: ~. TRACT 120 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4 PAGE 73 t- I: 1 I, I I o o + " ;;; 660'(P) o o + <0 ;;; SOUTH LINE SE~ 10 SECTION 15 NORTH LINE RANGE 26 EAST TOWNSHIP 49 SOUTH. - t"I;OPOSED TEMPORARY 50' CONSTRUCTION EASEMENT PARCEL 151TCE 900 SQ. FT. 660'(P) PLAT BOUNDARY , > ~ I. '1i '" ~ , o o < " il c o " o < ~ < .'! & ~ , & " NORTH 180' OF TRACT 109 VErERANS OF FOREIGN WARS OF THE UNITED STATES OR 808/981 TRACT 109 660'(P) GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 LOJ ASSOC. L TO OR 1391/1796 II I '" ll: ~ ...J II I :::> 0 m ll: 0 0 II I w + :::J '" ...J W 0 () LI~ I I ~ ~ , ~ c; <1 " " ~ 660'(P) OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION v<x><x>j r//~ EASEMENT TEMPORARY GONSTRUCTtON EASEMENT DURA nON S YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY OEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 7. PAGE 15 USE LEGAL DESCRIPTION FOR PARCEL 151TCE SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 26 AS RECORDED IN PLAT BOOK'i(PAC'E 'i'5:0FTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 10, AND 15. TOWN,SHIP,'49,SOU.TH.,iRAI'JGE26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ." ()., 'i'" " .' :" (i) THE WEST 5 FEET OF THE EAST 50 FEET OF THE NORTH 180 FEET OF SAID TRACT '1f!A9': I";' :~i0'j"i/0' CONTAINING 900 SQUARE FEET. MORE OR LESS. .... I " ~~/1>4/'O1 o 40 80 160 BY. ,. j I I MICHAE A WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. , ~, SCALE: 1 "=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 151TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 1 10&15 SCALE 1" = 80' DATE 7-23-07 D\11 ^ INC.~=:..on CONSULTING Civil~ .... ...., ,..&. .A. s""'_ & Mopping 6610 Willow Park Drive, Sulle 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX; (239) 597-0578 LBNo.:6952 FILE NAME SHEET UN26 SK 151TeE OF 1 JOB NUMBER 050106.02.00 0006 'c. n H: l:J , o , o o o ." " a a . N w+, EXHIBIT /1 Page 74- of (( 3' It: ~ 3- " a ~ ~ a " . ~ " a t. . < o ~ S I II II GARCIA OR 4214/758 o o + ro W . I 100' WIDE !--PER PLAT , f " o o . -" a a g ~ > TRACT 120 GOLDEN GATE ESTAT UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED RIGHT OF WAY PARCEL 152FEE 5.775 SQ. FT. ~ o ~ , ~ ~. SOUTH 1/2 OF TRACT 120 GARCIA OR 4214/758 PROPOSED TEMPORARY I CONSTRUCTION EASEMENT--......... 5' ~ ~ l. g" 'I: " W ~ , W " !1 I ! -llg II I ~ I U I L 100' WIDE II '" ec^i I. SOU1H LINE SE~ 10 NOR1H LINE SEC11~~G~ 526 EASl 10WNSHIP 49 SOU1H. R TRACT 109 -GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 o o + ~ W ~ ~ ~ o ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j r//~ PROPOSED RIGHI OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 152FEE A PORTION OF TRACT 120. GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH ONE HALF (S 1 /2) OF SAID TRACT 120. CONTAINING 5.775 SQUARE FEET. MORE OR lESS. fi.d! Mt: ;ftL~ FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE; o I 40 I 60 I 160 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE. 1"~60' FOR. COLliER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAlSED Et..lBOSSED SEAL. OF A flORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 15ZFEE COLLIER COUNTY, FLORIDA DlXT^INC.~ CONSULTING avn~ .&. ...., , "'- ..... s..v.ymg & ......... 6610 Willow Park Drive, Sulle 200 Naples, Florlda 341 09 Phone: (239) 591.0515 FAX: (239) 591.0578 lBNo.:6952 FilE NAME SCALE 1" = 80' UN 1 SK 152FEE SHEET OF 1 ~ o ., I N w+, EXHIBIT 11 Page 7<:; of-1.J..i. - " o o . " , ~ R ~ o . o ;; . o " o o g ~" S .~ I II II I 100' WIDE !--PER PLAT GARCIA OR 4214/758 o o + "' :0 . ~ , f " TRACT 120 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 152TCE 825 SQ. FT. ~ ~ 3> o ~ w ~ ~ o f '[ r 40' SOUTH 1/2 OF TRACT 120 GARCIA OR 4214/758 5' , ~ ~ l g" , o :> ~ " ~ . " Ii " o 2 ~ .'1 " ~ -+1 CD I " " i1 " o J -I II II II I. o o + ~ :0 o o + on :0 TRACT 109 -GOLDEN GATE ESTATES UNIT 26 PLAT BOOK 7 PAGE 15 SOUTH LINE SE~ 10 _ NORTH LINE SECT\~~G~ 526 EAST TOWNSHIP 49 SOUTH. R 0:: W :3 o '-' L100' WIDE PER PLAT ~ 2 ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) '" ,,~ PROPOSED 5' TEMPORARY CONSTRUCTION kX)<)j PROPOSED RIGHT OF WAY r//~ TEMPORARY CONSTRUCTION EASEMENT DURATION S YEARS, EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 152TCE A PORTION OF TRACT 120, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH ONE HALF (S 1 /2) OF CONTAINING 825 SQUARE FEET. MQRE OR LESS. J}JJJV N" ~ICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: 0 40 BO I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS 160 , SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT COLLIER BOULEVARD SKETCH & DESCRIPTION OF; PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL I52TCE COLLIER COUNTY. FLORIDA JOB NUMBER SECTION 050106.02.00 0006 10&15 NOT VALID WITHOUT THE ORIGINAL SIGNATURE &. RAISED Et.lBOSSEO SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. DlXT^INC~ CONSULTING avil~ ..... ...., ,.I.. ..... ~&Mippmg 6610 Willow Park Drive, Suite 200 Naples,Florlda34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN 1 SK 152TCE SCALE 1" ~ 80' SHEET OF 1 ~ o ., .~ " o o . " 2 N W+E EXHIBIT II Page i6 of lis ~ o i ~ o 0; o ~ o o f. ~ TRACT 119 I: I I o o + o N W s 2 ~ ~ , ~ PROPOSED RIGHT OF WAY PARCEL 153FEE 5,775 SQ. FT. II I I o o + rn I I I L I I I . ~ i " ~ o o g I NORTH 1/2 OF TRACT 120 GARCIA OR 4214/758 35' ;g ~ g' ~ ;, ~ ~ PROPOSED TEMPORARY I CONSTRUCTION EASEMENT~ TRACT 120 5'- GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 100' WIDE_I PER PLAT ~ GARCIA OR 4214/758 Q 0 '" 0 I ~ + ~ --' <0 ::J II 0 lD '" w I ::J --' I, 0 u I 0 0 + w <0 --' <( ~ I I I I ~ I ~ ;; ~ - E ~ .. . OR = OFFICIAL RECORDS (BOOK/PAGE) I(<)\(j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 153FEE A PORTION OF TRACT 120. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 1 D. TOWNSHIP 49 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE NORTH ONE HALF (Nl /2) OF SAID TRACT 120. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I 160 I iJJJt0 BY: MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIOA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &; RAISED EMBOSSED SEAL OF A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND w.cPER. 1~'1'~ CONTAINING 5.775 SQUARE FEET. MORE OR LESS. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 153FEE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.02.00 DD06 SCALE 1" = 80' D'lT^INC.~ CONSULTING avn.......... ..... ....., Y.I. ... __"....... 6610 WJUaw Park DrIve, Suite 200 Naplas,Floride34109 Phone: (239) 597-0575 FAX: (239) 597.0578 LBNa.:6952 FILE NAME UN 1 SK 153FEE SHEET OF 1 ~ . ~ ." " o ~ " " lOB , . o " g '" ~ o C . " " " o " t. N W+E EXHIBIT A Page 77 of.J.1d. } TRACT 119 [I I I 1 o o + o N ~ I I I L 1 I I s . ~ . f 0' ~ ii' '8 ~ II ~ . W % ~. NORTH 1/2 OF TRACT 120 GARCIA OR 4214/758 40' 100' WIDE I PER PLAT---j r PROPOSED TEMPORARY CONSTRUCTION EASEMENT-........ PARCEL 153TCE 825 SQ. FT. ~ ~ ,. g , o '" ~ 8 , " " @ o , " ~ '3 " . " g ~ 2 TRACT 120 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 GARCIA OR 4214/758 5' 0 0 '" 0 I ~ + ~ ~ ::> I: 0 CD '" w :3 I, 0 0 I 0 0 + ~ ;0 ..J <( z () r I I [ ~ I ~ ~ . " - g .I OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ '" "i PROPOSED 5' TEMPORARY CONSTRUCTION iX)<)j PROPOSED RIGHT OF WAY r//~ EASEMENT TEMPORARY CONSTRUCTJON EASEMENT DURATION? YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 153TCE A PORTION OF TRACT 120. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4. PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH ONE HALF CONTAINING 825 SQUARE FEET. MORE OR LESS. "'J" ,. ~ "" 1610 ~ "'C~l' ~t~t~E~R FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE <Ie RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. o 40 80 SKETCH & DESCRIPTION ONLY I I I NOT A BOUNDARY SURVEY seALK I.~BO' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS COLUER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 153TCE COLUER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 10 SCALE 1" ~ 80' D'XT^lNe.~ CONSULTING OvilEngineering ~'-, ,.... .a. _&_ 6610 Willow Park DrIve, Sulle 200 Naples, Florida 3410!l Phone: (23!l) 5!l7-0575 FAX:(23!l)5!l7-057a LB No.: 6952 FILE NAME UN 1 SK 153TCE SHEET , OF 1 I')) 'm f k<, '.' (; ~ .- ~ 8 ~ l; ~ N w+, EXHIBIT A Page 78' of..l11.. ~ ~ j a ' o ;; ~ ~ 8 ~--+ ~. f ~ s TRACT 118 --~~ 5 + '" N <0 25+00 26+00 27+00 t 1:> "' fj 28+00 29+00 7TH AVE, S,W, f- 100' WIDE PER PLAT 30 00 ~ - - f ~ ~ J ~ ~ ~ ~ ~ ~ l ~ i ~ - " ~. ~. ~ i 1,' . ~ [ - i ~ ~ 1:> "' ---1. 5'- I I I II o o + '" ;0 -f -+- TRACT 119 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED RIGHT OF WAY PARCEL 154FEE 12,250 SQ. FT. ALLEN OR 3481/2021 EAST 281' OF TRACT 119 ACOSTA '" GIRAlDO OR 3692/3065 PROPOSED TEMPORARY CONSTRUCTION EASEMENT TRACT 120 OR = OFFICIAL RECORDS (BOOK/PAGE) lX,M PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE .__<1 OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 154FEE FEE SIMPLE INTEREST A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. o 40 eo SKETCH & DESCRIPTION ONLY I I I NOT A BOUNDARY SURVEY SCALE, l'~BO' FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSfONERS 160 I j/JJM/~ THE EAST 35 FEET OF THE EAST 281 FEET OF SAID TRACT 119. CONTAINING 12,250 SQUARE FEET, MORE OR LESS. MICHAEL A. WARD. PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO, 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAlSED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. JOB NUMBER 050106.02,00 0006 SCAlE DATE 1" = 80' 8-23-07 n\lTA n<c.~Oon ~NSXILTINO Civil~ .&. '" ,.... .a. Smveying & Mepp;ng 6610 Willow Park Drive, Sulle 200 Naples,Florlda34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UN1 SK154FEE SHEEr OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL I54FEE COLLIER COUNTY, FLORIDA ~ ~ ~ .. ~ ~ ~ ~ " j ~ ' Q <; ~ ~ a ~ --i- ~. ! N w+, EXHIBIT A Page 7<1 of i IS' s TRACT 118 --~~ is + '" N '" 25+00 26+00 27+00 I b "' ,I 28+00 7TH AVE, S,W, 1- 100' WIDE PER PLAT 5' I I I, o o + <0 <D -I -t- ~ ~ b "' --1 f ~ ~ ! 8 ~ ~ ~ TRACT 119 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT-.......... PARCEL 154TCE 1,500 SQ, FT. ~ ~ l' ij. ~ , '" <? - ~ a. g' } ~ I ~ I ~ ~ ~ ALLEN OR 3481/2021 EAST 281' OF TRACT 119 ACOSTA '" GIRAlDO OR 3692/3065 40' TRACT 120 ~ ~ 'if ~ ~ l OR = OFFICIAL RECORDS (BOOK/PAGE) ~ ""J PROPOSED 5' TEMPORARY CONSTRUCTION lX)<)j r//~ EASEMENT TEMPORARY CONSTRUCTION EASEMENT DURATION .? YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 154TCE A PORTION OF TRACT 119, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 281 FEET OF SAID TRACT 119. LESS AND EXCEPT: THE NORTH 50 FEET OF SAID TRACT 119 (THAT PART BEING AN EXISTING AFOREMENTIONED PLAT), SKETCH & DESCRIPTION ONLY NOT A BOUNOARY SURVEY SCALE, l"~BO' FOR, COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS o I 40 I BO lBO I ROADWAY EASEMENT PER THE BY;/) AJ;J;~hIV7 MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE; NOT VALID WITHOUT THE ORIGINAl SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 1,500 SQUARE FEET, MORE OR LESS. SCALE 1" = 80' D\lTA D<C.t:.on CONSULTING CivilEogiDecring ...", '.L .a. S"","""'&MappJng 6610 Willow Park Drive, Sulle 200 Naples, Florida 34109 Phone: (239) 597.(l575 FAX; (239) 597-0576 LB No.: 6952 FILE NAME UN1 SK154TCE SHEET OF 1 EASEMENT " o o , . " N W+E ~~ () EXHIBIT A Page g'b of 113 ~ 9 " o ]; o " o D ~ , o o t w o ~ S TRACT 11 7 , ~ , ~ " " w ;> o o ~ PROPOSED RIGHT OF WAY PARCEL 155FEE 12,250 SQ. FT. TRACT 118 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 I I 5.-1 ~ ?; o ~ , I PETERSON OR 528/124 ~ ,~ ,. ~j" PROPOSED TEMPORARY I CONSTRUCTION EASEMENT ~ ~ " ~ ~ ~ ,,'- c ~ ----- I o en 'I 28+00 7TH AVE. S.W. 1- 100' WIDE PER PLAT 26+ 00 27+00 i " " ~ o o ~ -I -+ .0 en --1 TRACT 11 9 ~ I[ I II I I I o o + N on o o + N N on OR = OFFICIAL RECORDS (BOOK/PAGE) p<,(<)j PROPOSED RIGHT OF WAY r//~ FEE SIMPLE INTEREST EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 155FEE A PORTION OF TRACT 118. GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10. TOWNSHIP COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF SAID TRACT 118. r~ -.J <<: z c5 100' WIDE---J PER PLAT I ~ .~ l I I I IN PLAT BOOK 4,. pAGE 73.00f!..THE PUBLIC 49 SOUTH. RANG~',}.6' ~A:~T((CeLLIER. . . . .,1 1/' , CONTAINING 12,250 SQUARE FEET. MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 160 I 40 I so SCALE: 1"=60' OF COUNTY COMMISSIONERS , BY: ". MICHAEL AWARD.' I"'R9FESSIONAL ,lAND SURVEYOR FLORIDA REGISTRATION (!:EiRTIFICAfE NO: 5.301 SIGNING DATE:' ',' " l , : ~ i ' ' \ NOT VALID WITHOUT THE ORIGINAL SIGNATURE' &':RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. D'lTA lNC.~on CONSULTING Civil~ ..L '-, '''' ..... s""",...,&""","", 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597~0575 FAX: (239) 597-0578 LB No.: 6952 FILE NAME UNl SK155FEE COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 155FEE COLLIER COUNTY, FLORIDA JOB NUMBER '50106.02.00 0006 SCALE 1" ~ 80' SHEET OF 1 PROPOSED TEMPORARY CONSTRUCTION EASEMENT-........... PARCEL 155TCE 1,500 SQ. FT. ~ . . ~ ~ N o o , . 6 . ~ ~ N o o ;!l o , o ;; ~ ~ o o & ~ N W+E S TRACT 117 ~ ~ ~ , ~ , " o o ~ " o o o m ~ ~ , W , " g" . ~ , ~ ~ ,. ~r 'II '" ~ ~ o o , ^- i1 c o ~ o , ~ < 9 o , ~ TRACT 11 8 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PETERSON OR 528/124 ----- I '0 0[) 'I 28+00 7TH AVE. 1- 100' WIDE PER PLAT 26+00 27+00 ~ -I -+ '0 0[) ~ ~ ~- . . " , Ci , , .l TRACT 119 OR = OFFICIAL RECORDS (BOOK/PAGE) '" "'" ~ PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)1 PROPOSED RIGHT OF WAY r//~ EASEMENT EXHIBIT A Page 8'( of i l2 40' ;;! z () 5' 100' WIDE--! PER PLAT I ~ ~ l I I I ~ 1'1 II I I I o o + N N ~ o o + N ~ TEMPORARY CONSTRUCTION EASEMENT DURA nON ~ YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 155TCE A PORTION OF TRACT 118. GOLDEN GATE ESTATES. UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 118. LESS AND EXCEPT; THE SOUTH 50 FEET OF SAID TRACT 118 (THAT PART BEING AN AFOREMENTIONED PLAT). CONTAINING 1.500 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARO o I BO I 40 I SCALE: 1"=80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 155TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 10 SCALE 1" ~ 80' IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC 49 SOUTH, RANGE 26 EAST. COLLIER ,II" " / , . .' 1'/ 160 I r3{i.1/61 BY; I (1"" _/,,' MICHAEL A. WARD, PROFE~SIONAl LAND. SURVEYOR FLORIDA REGISTRATION" CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, DlX'A 1N"~~on CONSULTING Civil~ ..&. ...., U.. JL Su<voying & MBpping 6610 Willow Park Drive, SuJte 200 Napies, Fiorida34109 Phone: (239) 597"0575 FAX: (239) 597-0578 LBNo,:6952 FILE NAME UNl SK155TCE SHEET OF 1 " Q Q , . '" " ~ R " Q Q '" ~ Q <3 ~ ~ 6 Q n & ~. ~ . ~ N W+E PROPOSED RIGHT OF WAY PARCEL 156FEE 23,100 SQ. FT. s , !' , WillIAMS OR 2598/2491 35' " 2 ~ ? Q Q ~ , I I I I 5'-l ~ . ~ '. " ~. TRACTS 11 6 & 11 7 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 ~ W ,. g" ~ -" ~ [ PROPOSED TEMPORARY I CONSTRUCTION EASEMENT ~ '~ ~ ~ " <; ~ ~ Q . . WillIAMS OR 1290/1985 '" OR = OFFICIAL RECORDS (BOOK/PAGE) k>YV1 [//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 lEGAL DESCRIPTION FOR PARCEL 156FEE if" ,de, 10' EXHIBIT~ Page 5?-';. tf {{:] I I I I I <i! z <( u 100' PER WIDE_I PLAT FEe SIMPLE INTEREST A PORTION OF TRACTS 116 AND 117, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH;' RANGE 26 EAST. COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOllOWS. ',/ '" , '. THE EAST 35 FEET OF SAID TRACTS 116 AND 117, CONTAINING 23.100 SQUARE FEET. MORE OR lESS. , , , \~ 1~~~1 By: WARD' PROFESSIONAL LAND L:YEYOR ~~~~J} ~EGISTRATION ClLRTIFfC'ATE NO 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. D'XT^INC.~on CONSULTING Civil~ .&. "-, u.. .a. s"",oy;".&Mapping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597"0578 LBNo.:6952 FILE NAME UN1 SK156FEE SKETCH & DESCRIPTION ONLY NOT A 80UNDARY SURVEY FOR: COLLIER COUNl'r' GOVERNMENT BOARO o I 160 I 40 I BO I SCALE: 1 n""60' OF COUNl'r' COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 156FEE COLLIER COUNTY, FLORIDA JOB NUMBER 50106.02.00 0006 DATE 8-23-07 SCALE 1" ~ 80' SHEET OF 1 E PORARY CONSTRUCTION EASEMENT DURA TION ? YEARS. ~ ~ ~ N " N o o , , 5l " < E- N o ~ o " o ;; . ~ 6 o & ~. . ii ~ N W+E s , f , " o o . ~ o o o . W " , ~ . W , " ~. ~ , ~ ~ ~: ~ ;;j < " n o , " " c n ~ ~ ~ E! ~ ~ " WilLIAMS OR 2598/2491 TRACTS 11 6 & 11 7 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 5' PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 156TCE 3,301 SQ. FT. WillIAMS OR 1290/1985 ~ ~ [ " . " . i1 , . ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ "" "I PROPOSED 5' TEMPORARY CONSTRUCTION KXx>1 PROPOSED RIGHT OF WAY r//,j EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 lEGAL DESCRIPTION FOR PARCEL 156TCE lilB r ~ I EXHISITt Ii Page I?? f 1(f I 1 I I ;;;! z <{ u 100' WIDE_I PER PLAT ......., A PORTION OF TRACTS 116 AND 117, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAV,l300K 4. PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 3'Q).JTH. RANGE 26 EAST. ;:::::::::,'~;:C:::::: :: ::;~::~;f;:~:::C::'::': ,~:~wW>.. /!)i)!!!:4(.1 SKETCH & DESCRIPTION ONLY I I I MICHAEL A. WARD,'PROF:ESSIONAL LAND SURVEYOR ' FLORIDA REGISTRATION CEORTIFICATE NO:' 5301 NOT A BOUNDARY SURVEY SCALE: 1"=80' SIGNING DATE: ",/; I_ . FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ~o~l6~~~ ~~~I~~~R~~E p~~I~~~~~~l~N~1~~ir~/:~DEDM~~~~R~SED SEAL OF D\lTA 1N"~on CONSULTING Civil~ .&. "" , ..&. ... S""",l'i"8 & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX; (239) 597-0578 tB No.: 6952 FILE NAME SHEET UN1 SK156TCE OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 156TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 10 SCALE 1" = 80' ~ ;- ~ , ,- , g , - " c ~ .s: 26+00 , 660'(P) ~-t-- -I , " " " ~ 3> o o o . ~ 27+00 28+00 29+00 00 [I- V t, XHI~IT~ age' 1?4 of I (J""> I I L r I , 1 I I .J <( z () TRACT 1 1 4 s t~ I: I II I ~~ o o + " n <0 660'(P) J , o o '" o " o ;; . Q .' o o & ~ ~ . ~ N W+E o n -+ 5TH AVE. S.W. 1- 100' WIDE I PER PLAT-----j ----- o n ~ . w f PROPOSED RIGHT OF WAY PARCEL 157FEE 11,550 SQ. FT. 'Ii '" ~ ~ ~ BOT ANA OR 3813/75 I I 35' I I PROPOSED TEMPORARY 5'-, CONSTRUCTION EASEMENT~ , 0;, w ,. g' TRACT 115 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 ~ ~ " 0; ~ ~ , . " 660'(P) TRACT 1 1 6 o o + N n <0 g OR = OFFICIAL RECORDS (BOOK/PAGE) l>VVI r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 157FEE FEE SIMPlE INTEREST . \ /., I' A PORTION OF TRACT 115, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4. PPlGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10, TOWNSHIP 49 SOUTH. RANG(il6' 'EAst' COLLIER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. . "".('> t;"., /, . ::,=c'~,:::: ::,:: ;;:' ~;:; '<~' "' '"" ._l!l~t!:' SKETCH & DESCRIPTION ONLY I I I I FLORIDA REGISTRATiON cEmIPICA'rE NO, 5301 NOT A BOUNDARY SURVEY SCALE: 1"=80' SIGNING DATE: FOR; COLLIER .COUNTf GOVERNMENT BOARD OF COUNTY COMM1SSIONERS ~o;l6~~6~ ~~~'~~~R~~Ep~~'r~~~~~ltN~1~~~~RR~~DEDMX~:~.iSED SEAL OF COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 157FEE COLLIER COUNTY, FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" = 80' OATE 8-23-07 D'XT^lNC'~on CONSULTING CivilEoginecring ..... "" , .&. ..... s""',,..,. & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597.0575 FAX; (239) 597-0578 lB No.: 6952 FILE NAME UN! SK157FEE SHEET OF 1 :1 I N I w+, I II I II I TRACT 114 S Co ~~ ~- n -- 27+00 28+00 29+00 -+- 1- 5TH AVE. S.W. --- Co n ~ go ~ ~ .' " o o , , a , , < 660'(P) ~ " ~ a o a " o " o o o o ~ ~ o ~ -- - 26+00 , 660'(P) ~-+- -J , " 8 ~ ~ o o o " ~ ~ ~ o ~ ~ ~. PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 157TCE 1,500 SQ. FT. , ~ ~ ,. g" TRACT 11 5 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 '" ~ 01 'Ii o o , " ~ c o ~ o < BOTANA OR 3813/75 ~ i;J ~ ~ ~ ~ 660'(P) ~ " . <; , i1 o o , o TRACT 11 6 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "l PROPOSED 5' TEMPORARY CONSTRUCTION kXxX)j r//~ EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 o o + "- '" <0 lO I EXHIBIT I It Page Ss;- ff II.? I L ~ I I I I I v o o + 30 00 <0 '" <0 40' 100' WIDE_I PER PLAT -' <1; z <1; u 5' II I I, I I I I I g T MPORARY I CONSTRUCTION EASEMENT DURA nON :? YEARS. o o + N '" <0 USE LEGAL DESCRIPTION FOR PARCEL 157TCE A PORTION OF TRACT 115, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 10. TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC 49 SOUTH, RANGE ;'5' EIIST, COLLIER .. , "f j_'" ( ) j') THE WEST 5 FEET OF THE EAST 40 FEET LESS AND EXCEPT; THE NORTH 30 FEET OF SAID TRACT 115 AFOREMENTIONED PLAT). CONTAINING 1.500 SQUARE FEET. MORE OR LESS. o 40 80 160 SKETCH & DESCRIPTION ONLY I I I I NOT A BOUNDARY SURVEY SCALE, l"~BO' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS OF SAID TRACT 115. (THAT PART BEING AN EXISTING ROADWAY . . COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 157TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 10 SCALE I" = 80' D'lTA lNC~on CONSULTING Civil~ .... ~, u.. .... souvey;ng&MOppWg 6610 Willow Park DriYe, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:69S2 FILE NAME UNl SK157TCE SHEET OF 1 ~ s ~ " .' " o o , . " . ~ ~ , ~ o " o a . ~ 6 o t ~ , ~ o o ~ > o o o . f ~ " W ,. "- g" . ZIVCH & ZIVCH OR 1290/1985 " I I I II I U I I I I I o o + o .. w EXH IBIT'!';P:,~ rage ~0 Of-tJlS I I I L I I I I I I I ...J ~ ..,; o I' N W+E s . ~ ~ o o + m n w , ~ ~ ,. g" SOUTH 180' OF TRACT HAITIAN BETHESDA BAPTIST CHURCH OR 3645/1617 TRACT 11 4 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 J PROPOSED TEMPORARY 5' CONSTRUCTION EASEMENT ~ PROPOSED RIGHT OF WAY PARCEL 158FEE 6,300 SQ. FT. I, o o + ro n w 114 100' WIDE_L PER PLAT '1J ~ ~ ~ , ~ " ~. 0 - - "' - - 26+00 27+00 28+ 00 - I --+ 1- 5TH AVE, S.W. - - 0 "' ~ :; ----+---- , ' " . ~ ,. "- , o TRACT 115 I II II I I o o + on n w ~ I I I I o o + .. n w OR = OFFICIAL RECORDS (BOOK/PAGE) l><x>Y1 r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4. PAGE 73 LEGAL DESCRIPTION FOR PARCEL 158FEE FEe SIMPLE INTEREST """; A PORTION OF TRACT 114, GOLDEN GATE ESTATES. UNIT 1 AS RECORDED IN PLAT BOOK,'4:' f'AGE 7:3-, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. LYING IN SECTION 10. TOWNSHIP 49 SOUTH. ~AN(>U~6 EAST.".COLLlER COUNTY. FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. : .' ,,'0', .. . '., . THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 114. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARO o I 40 I aD I 160 I BY; M HAEL A WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 6.300 SQUARE FEET, MORE OR lESS. SCALE; 1"=60' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 158FEE COLLIER COUNTY. FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" = 80' D'XT^INC.~oo CONSULTING Civil~ .&. 'L' U.. ... Smvoyiog & M.ppiog 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597.0578 LB No.: 6952 FILE NAM E UNl SK1S8FEE SHEET OF 1 ~ ~ " .' " c c , , g ~ < 9 .:; c c '" ~ c <; . c " " o i S I' I I, Ij I I o o + o .. ~ ffXHIBIT A Ftage '8-7~ I I I L I I I I I I I -' <( ~ N w+f l' ~ o o + m n ~ I ~ ~ c c ~ ;; 8 c . ~ ~ ~ " c ~ t ~ , " ~ g" ZIVCH & ZIVCH OR 1290/1985 " TRACT 114 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 II o o + "' n ~ SOUTH 180' OF TRACT 114 HAITIAN BETHESOA BAPTIST CHURCH OR 3645/1617 5' 100' WIOE-L PER PLAT 'Ii '" C1 , n Q Ii ~. c n il < Cl -t---- - I . 3 c " ff -_ " PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 158TCE 750 SQ. FT. 40' o n 26+ 00 27+00 28+00 ~ o n I I, II I I ~ I I I I J,.PORARV I CONSTRUCTION EASEMENT DURATION ? YEARS. o o + en n ~ -+ 5TH AVE. S.W. 1- ;: ~ TRACT 115 ~ ~ . i1 " " " OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "1 PROPOSED 5' TEMPORARY CONSTRUCTION kXxX)j PROPOSED RIGHT OF WAY r//~ EASEMENT o o + .. n ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 158TCE A PORTION OF TRACT 114, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. IN PLAT BOOK 4; PAGE 73 OF THE PUBLIC 49 SOUTH, RANGE '2?, ,Eh.$J, , COLLIER r" " THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 180 FEET OF SAID TRACT 114. " LESS AND EXCEPT; THE SOUTH 30 FEET OF SAID TRACT 114 (THAT PART BEING AN EXISTING AFOREMENTIONED PLAT), CONTAINING 750 SQUARE FEET, MORE OR LESS, " " SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I BO I 160 I .j1'~fr7 SCALE: lP=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 158TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106,02.00 0006 REV 3 10 SCALE ," = 80' DATE 10-24-07 D\lTA lN~~~OO CONSULTING Civil~' ... ~, u. ... Su<voying & Mopping 6610 Willow Park Orllle. Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UN' SK158TCE SHEET OF 1 f i' . '~ 'I rHIBIT A I, I i age /S1j otll L::'"' N w+E I I 0 I 0 + :; II I ~ ~ s I' I I TRACT 1 1 3 I , 0 I 0 + 0 v w II I I L 35' I PROPOSED RIGHT OF WAY ...J PARCEL 159FEE <( z 5,250 SQ. FT. 15 I NORTH 150' OF TRACT 114 ZIVCH & ZIVCH OR 1290/1985 PROPOSED TEMPORARY ~ I CONSTRUCTION EASEMENT 100' WIDE - TRACT 114 PER PLAT I GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 I I I I I 0 I HAITIAN BETHESDA II 0 + BAPTIST CHURCH ~ '" OR 3645/1617 w II I I 0 ~~ L -- n -- 0 0 26+00 27+00 28+ 00 29+00 + 30 00 ~ ~ n ~ ---+--- -I -+ 1- 5TH AVE. S.W. -- --- -I - 0 I n " .' " a c , . " . ~ a ~ c a '" ~ c <; ~ ~ 8 & ~. ~ " ~ , ~ , ~ a a . -" Q C ~ ~ ~ " w t , '" f. g' '11 '" ~ ~ ~ ;;- ;: ~ " ~ C , o OR ~ OFFICIAL RECORDS (BOOK/PAGE) kXxX)j r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF. WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 159FEE FEE SIMPLE INTEREST .',',J "'''''1 ,'..... '. "/ A PORTION OF TRACT 114, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK"4" I?AGE 7:i',OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, ,RANGt(26 EAST;'COLLlER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " . I' . " THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 114, CONTAINING 5,250 SQUARE FEET, MORE OR LESS. t', ...... i/~.. I ' / IV/Pf~7 ",,,~/~/4 /0 SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I BO I 160 I 8Y: MiCHA~l: A. WARD, :'PROFESS10NAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING, DATE: , SCALE: 1"=80' OF COUNTY COMMISSIONERS NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 159FEE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 0006 SCALE 1" = BO' D\lTA lNC.~oo CONSULTING avil~ ... "" , ... .... SU<Voying & Mopping 6610 Willow Park Drive, Suite 200 Naples, FJorlda34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UNl SK159FEE SHEET OF 1 :~HI8IT A I ,ge ~ Of-U]3' I Q o " o ~ ,~ " a a , .. " " < 9 " a a '" Q . C " . " " a a n t ~ " ~ ;; 'I I I, N W+E I I II I s II I TRACT 113 I I I, I o o + :; w o o + o v w s a i 2 W ;; a Q c . r ~ " w l NORTH 150' OF TRACT ZIVCH & ZIVCH OR 1290/1985 5' 100' WIDE PER PLAT 40' PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 159TCE 114 750 SQ, FT, ~ ~ ,. g' 'Ii '" il1 . ~ n ~ ~ 'ii c n " o < ~ < 51 & ~ TRACT 114 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4. PAGE 73 I '1 II I I II I ~~ o o + 30 00 ~ n ~ HAITIAN BETHESDA BAPTIST CHURCH OR 3645/1617 o o + c- '" w ~ ;: ~ -;;. " t;; 26+00 . i1 ~ ----I--- - I , o o n 27+00 28+00 29+00 -+ 1- 5TH AVE, S.W, ----- -I o n -' <( z () I ~ I I I L I I I -I I 1 I L ~ I OR = OFFICIAL RECORDS (BOOK/PAGE) ~ "'" "-.j PROPOSED 5' TEMPORARY CONSTRUCTION K><x>1 PROPOSED RIGHT OF WAY r//~ I TEMPORARY CONSTRUCTION EASEMENT DURA nON :? YEARS. EASEM ENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 159TCE ,.,., ,.' A PORTION OF TRACT 114, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, P>'AGE73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGt ..26 (EAST, COLLlm COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,: : ij I! ,_ J :\1 THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 114' CONTAINING 750 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 BO 160 , ... P/1<1!v1 SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS BY; MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. D\lTAlNC.~ CONSULTING Civil~ ... ...., ,... .... Su<veying & MOpping 6610 Willow Park Drille, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 lBNo.: 6952 FILE NAME SHEET UN! SK159TCE OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 159TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION J50106.02.00 0006 REV 3 10 SCALE 1" = 80' ~ " . ~ ~ " " o c ~ , ~ ~ ~ g " o ~ c ~ o ;; . " " " o ~ ~. N W+E II II I 0 0 + v .. I I ~ a a:: ~ II I ...J ::> 0 m a:: 0 I w II ::i 0 + n 0 v 0 ~ I I I 5'l s ~ " ~ TRACT 1 1 2 [ ~ o c ~ ;; 8 o . ~ > ~ " ~ l PROPOSED TEMPORARY CONSTRUCTION EASEMENT~ 35' TRACT 113 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 ~ ~ g' ~ ~ ~ IGLESIA CHRISTIANA LA ROCA INC OR 946/1444 PROPOSED RIGHT OF WAY PARCEL 160FEE 11,550 SQ. FT. ~ !1 c I~ - " " . ~ ~ ~ TRACT 1 1 4 o + m n ~ " II o o + "' ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j r//~ EXHIBIT Ar _ age CCo off.? <t ~ 100' PER WIDE PLAT-~ I I I L I I I FEE SIMPlE INTEREST PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 1 60FEE , ,",', ;111"., .' A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT SOOK,'< PAGE,YY'OFTHE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, !",ANGE7,6" E~~T, 'COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. , " It r'", . 1;k}klJf-1Ul MICHAEL A. WARD. PROFEssiONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. O'lT A lNC.~~oo CONSULTING CivilF.llginecring ... ~, ,~ ... Su<v.yiog & Moppmg 6610 Willow Park Drille, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UNI SK160FEE THE EAST 35 FEET OF SAID TRACT 113. CONTAINING 11,550 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 160 I 40 I 80 SCALE: 1 N""'BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 160FEE COLLIER COUNTY, FLORIDA JOB NUMBER 150106.02.00 0006 DATE 10-24-07 SCALE 1" = 80' SH EET OF 1 f " .' " Q o , , " II n 0 0 + .. " I I ~ D '" ~ II I OJ 0 ill '" I w 0 I, ::J 0 + -' n 0 v 0 ~ I I ~ 9 " o ~ o " o a . ~ " o & ~. ~ " ~ N W+E s TRACT 11 2 , ~ ~ ~ c c . .'- c o ~ 5' ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 160TCE 1,650 SQ. FT. ~ " W ,. " g' , 40' TRACT 11 3 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 " " ~ ,. 5 , ~ '" ~ ~ n ~ ;J c n " o < ~ 3 c " ~ & . ;: IGLESIA CHRISTIANA LA ROCA INC OR 946/1444 ~ o + m n w - , . o i1 " . , TRACT 11 4 " I, o o + :Q ,EXHIBIT ,A Page '1 ( Oft 1i3 I I I I I I I I --' <( z .(5 100' PER WIDE PLAT-r- I I I L I I I OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION K><x>1 r//~ TEMPORARY CONSTRUCTION EASEMENT DURA TION ~ YEARS. EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 USE LEGAL DESCRIPTION FOR PARCEL 160TCE .i ..'...,. " IN PLAT BOOK 4, pliGE .73 Of THE PUBLIC 49 SOUTH, RANG!> )}6 'EAST, 'COLLIER , .,~ : ..1" i..' " : I) I() , A PORTION OF TRACT 113, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF SAID TRACT 113, CONTAINING 1,650 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 160 I 40 60 SCALE: 1"=60' BOARD OF COUNTY COMMISSIONERS MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE. NO. 5301 SIGNING OATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. O\lTAlN~~oo CONSULTING Civi1~ ... ...., u. .a. SU<VeyWg & Mopping 5610 Willow Park Orilla. Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UN! SK16DTCE COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 160TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION D50106.02.00 0006 REV 3 10 SCALE 1" ~ 80' SHEET OF 1 ~ -- ~ -';-; s ~ , I' I 0 I .' 0 " + 8 I: "- , .. co It L_ , I XHIBIT " . N ~ < ge 1J- l' '--' 0 W+E Of-LLf- ;... I I " c c '" a ~ c <5 I I 0 I . 0 " + " ~ g v S ~ t l r ~ " ~ II - I I f CANTIN 4165/3318 0 OR 0 + ~ I I en I v a ~ c m " ;; I, I I a a c . TRACT 112 ! GOLDEN GATE ESTATES I ~ UNIT 1 " ~ PLAT BOOK 4, PAGE 73 ~ 0 " I ~. , " f PROPOSED RIGHT OF WAY -' I ,. PARCEL 161FEE <( 0 SOUTH 180' OF TRACT 112 z 'Ii 6,300 SQ. FT. <5 '" CANTIN & DEL POZO I ~ OR 3830/2717 35' ~ PROPOSED TEMPORARY ~ CONSTRUCTION EASEMENT ~ 100' WIOEj ~ PER PLAT ~ 5' " I I I . . ~ 0 , 0 " TRACT 1 1 3 + .l I' I N I v w II I I I I 0 I 0 + :; I, I ~ ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 161 FEE FEE SIMPLE INTEREST A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10. TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH 180 FEET OF SAID TRACT 112. , , , CONTAINING 6,300 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 160 I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS NOT VAllO WITHOUT THE ORIGINAL SIGNATURE'" RAISEO EMBOSSED SEAL OF A FLORIDA REGISTEREO PROFESSIONAL SURVEYOR ANO MAPPER. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 161FEE COLLIER COUNTY, FLORIDA JOB NUMBER '50106.02,00 0006 SCALE 1" = 80' O\lT^lNC.~ CONSULTING Civil~ ... '" '.L A Su<voying & Mopping 6610 Willow ParK. Drille, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UNl SK161FEE SHEET OF 1 " o o , , " " ~ o " o o '" ~ o <5 e o " " o i I' I: I I o o + ~ v ~ o o + " .. '" N W+f S ~ " ~ I' I II o o + en .. ~ o ~ CANTI N OR 4165/3318 ~ c c W ;; c o c . , ~ ~ " ~ f TRACT 112 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 ~ f: , ~ ~ , o Q < " Oil o n ~ D < ~ 3 ~ ~ PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 161TCE 900 SQ. FT. SOUTH 180' OF TRACT 112 CANTIN & DEL POZO OR 3830/2717 40' ~ 5' I I TRACT 113 II I ,I I I I II I o o + :; ~ ~ E o o + N .. ~ " . . ~ " " .~ B I XHIBIT It ge 12 of lis -r- I r I I I I I <i! I ~ 0 I 100' WIDE_I PER PLAT I I I I ~ OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" "J PROPOSED 5' TEMPORARY CONSTRUCTION I(<)<)j PROPOSED RIGHT OF WAY r//~ TEMPORARY cONSTRUCTfON EASEMENT DURATION :? YEARS. IN PLAT BOQK ".' P'AGE-73 OF THE PUBLIC 49 SOUTH, RANG.E' , 26 (EAST, COLLIER (.: . "r't C',.I ". : ;!, l(/ .' ; I "':,.' ~ : , THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH 180 FEET OF SAID TRACT 1~12"'. c. . ' ; , ' CONTAINING 900 SQUARE FEET, MORE OR LESS. " :'., ':, (', '"". ,.' .(-tl/~>jlp1 o 40 80 160 BY: . . I I I MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR ' FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE; NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. O\lTA lNC'~on CONSULTING CivilEnginecriog ... """ U. .... Su<vcyIDg & Mopping 6610 Willow Park DrJlle, Sulle 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 lBNo.:6952 FILE NAME UNl SK16lTCE EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 161TCE ,.' ',',.I A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 161TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 REV 3 10 DATE 10-24-07 SCALE 1" = 80' "I'., SHEET OF 1 " II I 10q 0 0 Q , 0 , + ~ II I "' I , N v ~ ~ IBIT It ~ W+E " ~I I 8 94- of I (,;' I '" 0 " 0 ;; ~ . I I " ~I " 0 " 0 s 0 ~ + I: " v TRACT 11 1 I ~ I ~ " ~ - II I I c ~ ~ I 0 I 0 c + 0 ~ m v ! ~ c _r 0 0 660'(P) . ~ 5' 100' WIDE NORTH 150' OF TRACT 112 PER PLAT ~ CANTIN I " Q OR 4165/3318 ~ ,. ~ PROPOSED TEMPORARY " CONSTRUCTION EASEMENT ~ -' I , <( " z , <( " u r PROPOSED RIGHT OF WAY I g' PARCEL 162FEE ~ TRACT 112 5,250 SQ. FT. ~ GOLDEN GATE ESTATES I ~ 660'( UNIT 1 0 PLAT BOOK 4, PAGE 73 ~ 0 ~ + ~ .. .. - 2 I I ~ I 'i - ~ " II I I , . CANTIN & DEL POZO ~ 3830/2717 0 " , 0 ~ II I 0 I + co .. "' :1 I I 660'(P) TRACT 1 1 3 I I OR ~ OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED RIGHT OF WAY [//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 FEe SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 162FEE A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26" E'IIST:' COL~IER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. , , , THE EAST 35 FEET OF THE NORTH 150 FEET OF SAID TRACT 112, o 40 BO SKETCH & DESCRIPTION ONLY I I NOT A BOUNDARY SURVEY SCALE, 1"~80' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 160 I /~ji~ fur BY; ",' MICHAEL A. WARD, PROFESSIONA1.'LANO SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &;' RAISED EM80SSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANO MAPPER. , ! CONTAINING 5,250 SOUARE FEET, MORE OR LESS. COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 162FEE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02.00 00D6 SCALE 1" ~ 80' DATE 10-24-07 O\lTA lNC,=.on CONSULTING Civil~ ... ~, ,... ... Su<voying&Ma_ 6610 Willow Park Drllle, Suite 200 Naples, Florida 34109 Phone; (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UNl SK162FEE SHEET OF 1 " II I I g , , " II I I , N ~ J. W+f " I I c ~I c '" a ~ a " ..-- " "--1 1 I a " " 0 c S 0 ~ + I: " ~. .. TRACT 111 I ~ I ~ " ~ - II I I c , l ~ I 0 I 8 0 + ~ ~ v ;; w c a WIDE_I a 660'(P) " f 5' 100' PER PLAT ~ I " NORTH 15D' OF TRACT 112 ~ CANTIN ~. OR 4165/3318 PROPOSED TEMPORARY <I. I ~. CONSTRUCTION EASEMENT , PARCEL 162TCE :;; " 750 SQ. FT. U ~ I ,. " ~ .." TRACT 11 2 40' c '" GOLDEN GATE ESTATES ~ UNIT 1 C'J I , 660'( 0 n PLAT BOOK 4, PAGE 73 ..-- 0 a + < ~ .. ~ " ~ I I ~ I c n '" Q < ~ < II I I 3 CANTIN & DEL POZO ~ ~ OR 3830/2717 ~ I 0 I II 0 + ;: n .. ~ ~ " :1 I I , ~ iJ " 660'(P) I I " TRACT 113 ~ OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION lXxX)1 PROPOSED RIGHT OF WAY r//~ EASEMENT TEMPORARY CONSTRUCTtoN EASEMENT DURA nON 2 YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 162TCE SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT A PORTION OF TRACT 112, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGEif3 OF. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26iEAi>r.,..C;Oi,L1ER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. '. ,:" .' .'" f""," , '" : )'1./ c) THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH 150 FEET OF SAID TRACT 1/" ; h " (' i CC~""" 00" 'c~e em, "''' :' '5:,. '00,' j~'i" 1.J:(,fl I I I MICHAEL A. WARO. PROFESSION~l, LAND' 'sURVEYOR I . FLORIDA REGISTRATION', CERTIFICATE: NO. 5J01 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR 'AND MAPPER. SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 162TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02,00 0006 REV 3 10 SCALE 1" = 80' O'lT^lNC'~ CONSULTING Civil~ ... ...., ,.I.. ... Su<voying & Mopping 6610 Willow Park Drille, Suite 200 Naples, FlorJda34109 Phone: (239) 597-0575 FAX; (239) 597-0578 lB No.: 6952 fiLE NAME SHEET UN1 SK162TCE OF 1 I IBIT Ii 1 erG Of~ I L ~ I I I I I .' N o o ~ I I I, I' I ~~ :n ~ N W+E , ~ ~ o ;e- N o ~ o , Q a . 2 " o n t ~ " ~- o o + o en ~ s TRACT 11 0 26+00 o n 27+00 28+00 3RD AVE. S.W. o 60' WIDE PER n 29+00 .30 DO c ~ ~ c,_ _ _ _ __ c l o o o . [ ~ ~ " [ f TRACT 111 , GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT PROPOSED RIGHT OF WAY PARCEL 163FEE 11,550 SQ. FT. ~ ~ ~ ~, g' EAST 330' OF TRACT PLASTER OR 3554/2428 111 ~ o '" ~ ~ , ~ I~ ~ " ~ ~ " " , . TRACT 1 1 2 o o + en v ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED RIGHT OF WAY I//~ FEE SIMPLE INTEREST EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 1 63FEE A PORTION OF TRACT 111, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY. FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE EAST 330 FEET OF SAID TRACT 111. 100' PER I --' <( z <( '-' WIOE-J PLAT I I r I I IN PLAT BOOK 4, PAG.E'l3 OF THE PUBLIC 49 SOUTH, RANGE2~, E!\5T; . COLLIER 1~/J~1 BY: " . ", !.lIe EL A. WARD, PROFESSI'o'NAL 'LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE .NO. 5JOl SIGNING DATE: NOT VAUD WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTEREO PROFESSIONAL SURVEYOR ANO MAPPER. O\lTAlNC~~'n CONSULTING Civil~ ... ~, '.L ... Swv'jing & Mopping 6610 Willow Park Drille, Suite 200 Naples, Florida 34109 Phone: (239)597-0575 FAX: (239)597-0578 LB No.: 6952 FILE NAME UN! SK163FEE CONTAINING 11,550 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT o I 160 I 40 I BO SCALE: 1"=60' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 163FEE COLLIER COUNTY, FLORIDA JOB NUMBER 50106.02.00 0006 DATE 8-23-07 SCALE 1" = 80' .I (r) SHEET OF 1 ~ ~ " .' " Q Q , , " . ~ 26+00 27+00 '0 n 28+00 3RD AVE. S.W, 60' WIOE PER PLAT 29+00 30 00 ,', :"\1 i'"'i /" '0; .:,'_~' I~ IBIT A- + II of i [.5-' I I L ~ I I I I I --' <( :;: C,) TRACT 110 I I II I' I ~~ ;n ~ N W+, ~ " Q !& c o e c . B " Q i ~ " "- > s o o + o en ~ , c l 5' o o ~ c_ c ~ ;; Q Q Q . ~ ~ ~ " ~ t TRACT 111 , GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4. PAGE 73 '0 n ----- 40' PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 163TCE 1,500 SQ. FT. , " ~ o' , EAST 330' OF TRACT PLASTER OR 3554/2428 111 'Ii '" ~ o o < " " Ii " Q < ~ E! ~ ~ , c " , ;: ~ 100' PER WIDE --! PLAT o o + en v ~ I I I I I . , ~ i1 " " ~ TRACT 112 OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION kXx>v1 r//~ EASEMENT TEMPORARY CONSTRUCTtON EASEMENT DURA TION:? YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED. TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 USE LEGAL DESCRIPTION FOR PARCEL 1 63TCE A PORTION OF TRACT 111, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, ,., ". . , r' .,' SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 330 FEET OF SAID TRACT 111, , /! J LESS AND EXCEPT; THE NORTH 30 FEET OF SAID TRACT 111 (THAT PART BEING AN EXISTING ROADWAY /!JJEMENT' p;' R, 'ITH~, ' 0 1 AFOREMENTIONED PLAT). .,' 11~/,o/ V., ' CONTAINING 1,500 SQUARE FEET, MORE OR LESS. I o 40 80 160 BY 'I ' I I MICHAEL A. WARD; PROFESSIONAL LAND' 5VRYEYOR FlORIOA REGISTRATION CERTI'FICATE NO. 53pl ' SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 "=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 163TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )50106.02.00 0006 10 SCALE 1" ~ 80' DATE 10-24-07 O\lTA lNC~on CONSULTING Civil~ ... ~, ,... ... Swvey;og & Mopping 6610 Willow Park DriVe. Sulle 200 Napies. Fiorida34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UNl SK163TCE SHEET OF 1 Q if . ~ " .' N a a , , " . ~ 9 " a .f3 ~ a <; . ~ c a ~ ~ TRACT 109 'I II II I o o + v en ~ N W+E o o + n en w S II > " ~ , ~ g ~ 2 ~ ;; a Q a . f 35' ~ TRACT 110 ! GOLDEN GATE ESTATES " UNIT 1 " ! PLAT BOOK 4, PAGE 73 , '" f , 'Ii '" ~ ~ ~ " EAST 330' OF TRACT 110 FIGUEREDO OR 3992/3125 I I 5,J PROPOSED TEMPORARY I CONSTRUCTION EASEMENT=:J PROPDSED RIGHT OF WAY PARCEL 164FEE 11,550 SQ. FT. ;: ~ ~ . , , " " . . 26+00 '0 n 27+00 28+00 3RD AVE SW 50' WIDE PER PLAT '" .. w o n ------ TRACT 1 1 1 II II I II I o o + "' .. ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxXx>1 PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 I I L I I -' I <( z <( u I 100' WIDE--! PER PLAT I I L ~ I I I FEe SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 164FEE A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 TAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. O\lTA lNC,~~oo CONSULTING CivilEllginecring ... ~, ,A. .... S_&!.lappins 6610 Willow Park Orilla, Sulta 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UN1 SK154FEE THE EAST 35 FEET OF THE EAST 330 FEET OF SAID TRACT 110. CONTAINING 11,550 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 160 , 40 BO SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 164FEE COLLIER COUNTY, FLORIDA JOB NUMBER J50106,02.00 0006 DATE 8-23-07 SCALE 1" = 80' " . ~ . . . , SHEET OF 1 .' N o o , , ~ ~ < J " 2 '" o ~ c " . iJ " o i . a ~ 'I II II I o o + .. en ~ N W+E TRACT 109 o o + '" ~ ~ s I, s , c ~ ~ o c ~ ;; 2 c . ~ , ~ TRACT 11 0 ~ GOLDEN GATE ESTATES ~ UNIT 1 , PLAT BOOK 4, PAGE 73 40' PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 164TCE 1,500 SQ. FT. ~ f , 'Ii '" , t n ~ ;j , " o < ~ 3- ~ ~ EAST 330' OF TRACT 110 FIGUEREDO OR 3992/3125 5' 26+00 Co n 27+00 28+00 3RD AVE SW 60' WIDE PER PLAT ~ .. ~ ~ ;: ~- Co n ----- I-I I, I I' I o o + "' .. ~ - " , , i1 " " ~ TRACT 111 JlG I HIBIT it h- ge 1'1 of ii:J T I L I I I I --' <( z <( u 100' PER WIDE --l PLAT I I L ~ I I I OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION kXx><x>I PROPOSED RIGHT OF WAY r//~ I TEMPORARY CONSTRUCTION EASEMENT DURATION ? YEARS. EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 164TCE A PORTION OF TRACT 110, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST 330 FEET OF SAID TRACT 110, LESS AND EXCEPT; THE SOUTH 30 FEET OF SAID TRACT 110 (THAT PART BEING AN EXISTING ROADWAY EASEMENJ f~Fl AFOREMENTIONED PLAT). . J CONTAINING 1,500 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 160 I 40 I BO I SCALE: 1 """ao' BOARD OF COUNTY COMMISSIONERS BY' MICHAEL A. WARD, PROFl;:sSrONAI,. ,If\~O .sURVEYOR ~~g~~~ ~I;J~TRATION qR,TIF}CATE NO. 5301 NOT VALID WITHOUT THE ORIGINAL SIGNATURE, &: RAISEO EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 164TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION )5010602.00 0006 10 O\lTA lNC.~o CONSULTING Civil~ ... ....., ,~ .... Su<vo,.w. & M.ppiog 6610 Willow Park Drilla, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lB No.: 6952 SCALE 1" ~ 80' DATE 10-24-07 DRAWN BY S.O,L. FILE NAME UNI SK164TCE SHEET OF 1 ~ f " :1 I w I .- " ~ IBIT~~ - " I . e (CO Of.JJi[ ~ 9 .:; N Q II I I c W+E 0 '" 0 ~ + 0 en <; II en . ~ ~ DANA I I " 0 OR 3441/2032 n II ~ ~. S I I 0 ~ ~ TRACT 109 - GOLDEN GATE ESTATES I , f UNIT 1 , PLAT BOOK 4, PAGE 73 ~ I c PROPOSED RIGHT OF WAY c ~ PARCEL 165FEE ;; 5,775 SQ. FT. 0 SOUTH 1/2 OF TRACT 109 -' 0 <( I Q O'SULLIVAN 0 z ~ OR 3440/1598 <( 35' '-' ~ PROPOSED TEMPORARY I " CONSTRUCTION EASEMENT ~ ~ 5' 100' WIDE ". PER PLAT " L , . , " ~ II I 0 I " 0 , + 'Ii N en '" ~ & II I I ~ ~ ~ TRACT 1 1 0 II I I ~ - II 0 . I 0 I + 0 "' . ~ ~ " " ~ I I I II I 0 I 0 + 0 I II I en ~ II OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 FEe SIMPl.E INTEREST LEGAL DESCRIPTION FOR PARCEL 165FEE A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE. 73 OF THE PUBLIC RECORDS OF COLliER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26. :EAST, COLliER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF THE SOUTH ONE HALF OF SAID TRACT 109. " .,...., SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 BO 160 , BY: MICHAEL A. WAR[I'l PROFESSIONAL LAND SURVEYOR FLORIDAREGISTRATfQN 'CERTIFICATE NQl '5301'.', SIGNING OATE:,' !, I , , , , , ' ' NOT VALID WITHOUT THE ORIGJNAl SIGNATURE;& RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER, CONTAINING 5,775 SQUARE FEET, MORE OR LESS. SCALE: 1"=80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 165FEE COLLIER COUNTY, FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" ~ 80' DATE 8-23-07 OlXIA lNC.~oo CONSULTING Civil~ .&. '"' ,~ .... Surveying &:Mapping 6610 Willow Park Drille, Suite 200 Naples. Florida34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME UNl SK165FEE SHEET OF 1 ~ " ~ ~ :1 I ~ " E ~IBIT .1 c 0 , - ~ I Pa 161 of ll>~,1 " < J. N " 0 w+r I' I 0 I !l 0 a + . en 0 I' en Q ~ . I I a " DANA " 0 DR 3441/2032 ~ II ~ s I I " ~ TRACT 109 II , GOLDEN GATE ESTATES I , f UNIT 1 PLAT BOOK 4, PAGE 73 ~ I c c . PROPOSED TEMPORARY ~ SOUTH 1/2 OF TRACT 109 CONSTRUCTION EASEMENT 0 -' 0 PARCEL 165TCE <( I a O'SULLIVAN . 825 SQ. Fr. z ~ OR 3440/1598 () , ~ I " ~ 100' WIDE 1: PER PLAT L ~ ~ II I I ,. 0 ,. 0 " + 'I; N en " ~ ~ II I , C Q ~ Oil TRACT 110 II I I c n " 0 < ~ II 0 < I 0 I 3 + & in ~ "' , & I I I " ;: [ I " I, I . 0 . 0 . <1 + " 0 I " II I en ~ "' II OR = OFFICIAL RECORDS (BOOK/PAGE) ~ '" ~ PROPOSED 5' TEMPORARY CONSTRUCTION kXxX)i r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 USE TEMPORARY CONSTRUCTION EASEMENT DURA TION :s YEARS. EASEMENT LEGAL DESCRIPTION FOR PARCEL 165TCE A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, IN PLAT BOOK 4,PAGE"'i:i'c)F"THE PUBLIC 49 SOUTH, RANGE 36 EAST, COLLIER : "/' r) I , : :/' (() : (! lJ) r5/~.'(.1 . ~q , , . . " . ~ ' . . THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH ONE HALF OF SAID CONTAINING 825 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I 160 I BY: MICHAEL A. WARD, PRQFESSIONAl LAND SURVEYOR FLORIOA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 ~=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 165TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02,00 0006 REV 3 10 SCALE 1" ~ 80' DATE 10-24-07 O\lTA lNC'~on CONSULTING Civil~ ... ...., '.L .... Su<ve,m" & MOppWg 6610 Willow Park Orille, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UNI SK165TCE SHEET OF 1 N W+f II [' I i6 " c c , " 6 c ~ 9 " o !l ~ o D e ~ " o t ~ " ~ HIBIT A I geJ5:1. of [I } , , ~ ~ " c c . ~ o o o . ~ , ~ " W i ~. TRACT 108 0 I 0 + "' en ~ I I 0 0 I + ~ en ~ I 0 I 0 + '0 I en ~ - I -' I <( z <( I () 100' WIDE_I PER PLAT I I 0 I 0 + n I en ~ L s " NORTH 1/2 OF TRACT DANA OR 3441/2032 109 35' ~ ~ ,. o , 'Ii '" & ~ PROPOSED RIGHT OF WAY PARCEL 166FEE 5,775 SQ. FT. ~ !1 TRACT 109 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT ~ 5'-1 ~ " . . ~ I ~ " O'SULLIVAN OR 3440/i 598 I I II I U II OR = OFFICIAL RECORDS (BOOK/PAGE) kX)<)j r//~ PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 USE FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 166FEE A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC 49 SOUTH, RANGE, 26, lEAST, COLl,IER <'.,'1"" , THE EAST 35 FEET OF THE NORTH ONE HALF OF SAID TRACT 109. CONTAINING 5,775 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I BO I 160 I SCALE: 1 P=BO' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 166FEE COLLIER COUNTY, FLORIDA JOB NUMBER )50106.02,00 0006 SCALE 1" ~ 80' DATE 8-23-07 O\XT^lNC'~on CONSULTING Civil~ ... ....., U.. .II. Su<v'ymg & Mopping 6610 Willow Park DrJlle, Suite 200 Naples, Florida 34109 Phone: (239) 597"0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UNl SK166FEE SHEET OF 1 C' Q ~ ~ " .- " Q a , - 8 ~ o -- " c ~ c ~ a a ~ " " a i ~ " ~ '-~ N W+E II II I ;0 o o + "' en ~ I HIBIT Ii ge {D '] of rTl .1 I I I I I I I I I I -' <( Z c5 s II , c ~ , TRACT 108 II I 'I II I o o + C- en ~ ~ c a . ~ 8 a . ~ ~ ~ " w l " o o + ~ en ~ 40' 100' WIDE I PER PLAT-j , " ~ ,. o' , 'Ii " ~ n Q < ~ ~ c o " a < ~ 3 ~ ~ , ~ ;: o ~ NORTH 1/2 OF TRACT 109 DANA OR 3441/2032 PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 166TCE 825 SQ. FT. ~ TRACT 109 5' GOLDEN GATE ESTATES UNIT 1 I PLAT BOOK 4. PAGE 73 II I O'SULLIVAN OR 3440/1598 I I I, I U I II en ~ I I I I L o o + n en ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ '" "'J PROPOSED 5' TEMPORARY CONSTRUCTION kXxX)j r//~ EASEMENT TEMPORARY CONSTRUcTfON EASEMENT DURA TlON S YEARS. PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 166TCE A PORTION OF TRACT 109, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNT!', FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH ONE HALF OF SAID IN PLAT BOOK 4. PAGE .7.J>..oF THE PUBLIC 49 SOUTH, RANGE'Z6"EAST, COLLIER . , , SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR, COLLIER COUNTY GOVERNMENT BOARD o I 40 I 80 160 I '.IPIJ~(v1 "",." CONTAINING 825 SQUARE FEET, MORE OR LESS. SCALE: 1"=80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 166TCE COLUER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 10 SCALE 1" = 80' DATE 10-24-07 O\lTA lNC'~n CONSULTING Gvill!ngincerivg ... ~, ,... .... Su<v'yiog & Mappiog 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UNl SK166TCE SHEET OF 1 o o ~ ;; Q Q Q . ~ , > , " ~ , 1 FAUNCE & FAUNCE OR 284B/0347 o o + ~ en ~ p<HIBIT A I rge 1(';4- Of-lTI.? I I I I I I I I I I I ~ ~ " .' " 8 , ~ ~ ~ ;;. , o Q '" C ~ Q <5 . i:: " Q n & , s I, II I I o o + o ~ w N w+E . '- ~ 660'(P) o o + m en w , ~ , ~ 660'(P) TRACT 108 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED RIGHT OF WAY PARCEL 167FEE 5,775 SQ. FT. ~ SOUTH 1/2 OF TRACT 108 FERREIRA & FERREIRA OR 1111/1448 PROPOSED TEMPORARY CONSTRUCTION EASEMENT1 -' <( Z () , " ~ ,. o , , c '" ~ ~ ;: ~ ~ " . , ~ " " " 660'(P) 100' WIDE_I PER PLAT TRACT 109 I I' II I II o o + en en w 660'(P) o o + v en ~ OR = OFFICIAL RECORDS (BOOK/PAGE) kXxX)j PROPOSED RIGHT OF WAY [// I EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE __L1 OF THE PUBLIC PER PLAT BOOK 4, PAGE .73 LEGAL DESCRIPTION FOR PARCEL 167FEE FEe SIMPLE INTEREST SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD A PORTION OF TRACT 108, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. ,/ ," " , THE EAST 35 FEET OF THE SOUTH ONE HALF OF SAID TRACT 108. i ;/ IA~fiY6.,1 BY!fM{, /', MICHAEL A. WARD. PROFESSIONAL LAND S~o/EYOR' FlQRIOA REGISTRATION CERTIFfCA'fEll'lo.' '!sMl ' SIGNING DATE: . , , NOT VALID WITHOUT THE ORIGINAl SIGNATURE &: RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR ANa MAPPER. o I 40 I 80 160 I CONTAINING 5,775 SQUARE FEET, MORE OR LESS. SCALE: 1 """60' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 167FEE COLLIER COUNTY, FLORIDA JOB NUMBER J50106,02.00 0006 SCALE 1" = 80' DATE 8-23-07 O\lTA lNC'~wJ.uoo CONSULTING Civil~ ... ....., ,.... .... Su<voying & Mopping 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Phona: (239) 597-0575 FAX: (239)597-0578 LBNo.:6952 FILE NAME UNl SK167FEE SHEET OF 1 ~ o . ~ " .' " g , , ~ , ~ ~ " o o '" Q , o 0; ~ o " " o t ~ " ~ II I II N II I W+E I I I I S 660'(P) o o + o ~ ~ ) eXHIBIT A ~age (os;- ~3 I I I I I I I I I , I o g , ~ g ~ " g ~ ~ , ~ " ~ ~ ,. , o o + m en ~ FAUNCE & FAUNCE OR 2848/0347 o o + "' en ~ 660'(P) TRACT 108 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 167TCE 825 SQ. FT. 5' ...J <( Z () , " f g" ~ ill 'Ii n ~ ~ 'il Ii " D < Q < 3 c " ~ SOUTH 1/2 OF TRACT 108 FERREIRA & FERREIRA OR 1111/1448 40'- 660'(P) 100' WIDE--1 PER PLAT _ ;: TRACT 109 I II II I II o o + en en ~ ~ ~ " . ~ " " " 660'(P) o o + .. en ~ OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~ '" "1 PROPOSED 5' TEMPORARY CONSTRUCTION kXxX)j PROPOSED RIGHT OF WAY [//~ EASEMENT T PORARY CONSTRUCTION EASEMENT DURA TION S YEARS. EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 167TCE A PORTION OF TRACT 108, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4" PAGE 7:;;, .OF. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RAN,GE g6 ,EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, '",:, THE WEST 5 FEET OF THE EAST 40 FEET OF THE SOUTH ONE HALF OF SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I BO I 160 I SAID TRACT 1 O~. , , ., '. ' . .;&1~/.1 MICHAEL A. WARD, PROFESSIONAL [.A,NP"SURVEYOR FLORIDA REGISTRATION'C,ER1IFICATE NO., 5301 SIGNING OATE: ' NOT VALID WITHOUT THE ORIGINAL SIGNATURE, &: RAISEO EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. , . CONTAINING 825 SQUARE FEET, MORE OR LESS. SCALE: 1"=80' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 167TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 10 SCALE 1" ~ 80' DATE 10-24-07 O\lTA lN~~aon CONSULTING Civil~ ... "" , ... ... Su<voying & Mapping 6610 Willow Park Drllle. Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 lBNo.:6952 FILE NAME UNl SK167TCE SHEET OF 1 ~ ~ II EEXHIBIT AI ~ " I .- II Ffage Ie" ~ " 0 0 , . ;; N II I I > 0 < w+, 0 9 + '" .:; co c !3 I I I c - 0 f".- <; e 0 0 I " II I " S 0 or- ~ ~. 0 0 I 0 I K II + 0 ~ ~ ~ s TRACT 107 Q II I I ~ <I c II I I c w ;; 0 0 0 S . ~ 660'(P) 100' WIDE ~ PROPOSED RIGHT OF WAY PER PLAT " I W PARCEL 168FEE ,. 5,775 SQ. FT. " ~. NORTH 1/2 OF TRACT 108 -' I , <( FAUNCE & FAUNCE z ~ C5 f- OR 2848/0347 PROPOSED TEMPORARY g' CONSTRUCTION EASEMENT~ I , 0 5' '" ~ TRACT 108 I ~ GOLDEN GATE ESTATES ~ , 660'(P) UNIT 1 or- 0 ;: PLAT BOOK 4, PAGE 73 I I 0 I + ~ ~ en ~ :~ ~ FERREIRA & FERREIRA II I I ~ OR 1111/1448 " " " II I 0 I 0 + ~ I :1 I en ~ - 66D'(P) I I II I 0 I 0 + en I en lXxX)j r//~ OR = OFFICIAL RECORDS (BOOK/PAGE) PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 FEe SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 168FEE A PORTION OF TRACT 108, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. IN PLAT BOOK 4, PAGE.J3 OF., JHE /CUBLlC 49 SOUTH, RANGE 26'EI,\8r: .COLU'ER, , ., .,'... SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT BOARD o I 40 I 80 I 180 I ;' ,'. '. 4H.);i4.t, M'cL~:oFEs~'O"AL LAND SURVEYOR FLORIDA REGISTRATION CERTIFIC~;rE.' NO.' 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EM80SSED' SEAL OF A FLORIOA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THE EAST 35 FEET OF THE NORTH ONE HALF OF SAID TRACT 108. CONTAINING 5,775 SQUARE FEET. MORE OR LESS. SCALE: 1 b=BO' OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY 'ARCEL 168FEE tLIER COUNTY, FLORIDA NUMBER ?..OO 0006 O\lTAlNC.~ CONSULTING Civil~ ... ~, ,.... .... Su<v'yiog & Mopping 6610 Willow Park Drille, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 LB No.: 6952 SCALE 1" ~ 80' DATE 8-.23-07 FILE NAME UN 1 SK 158FEE SHEET 1 OF 1 ~ o o ~ " ,- " g , - c " ~ 9 .:; a ~ Q " a <5 . " " " c t ~ " ~ s II II II 1'1 o II I, II II --- ~j fFXHIBIT A' ~age io{ ~ N w+, o o + <D ~ ~ ~ ,. , 'Ii '" ;: ~ n a Ii ~ c n " o < ~ . 3 c " ~ NORTH 1/2 OF TRACT 108 FAUNCE & FAUNCE OR 2848/0347 -' <( Z <( U I I I I I I ~r I I I r I I I I I I ~ o o + o <0 ~ c ~ <I c c ~ ;; c ~ ~ ~ ~ " ~ t . TRACT 107 40'- 100' WIDE PER PLAT 660'(P) PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 16BTCE 825 SQ. FT. ~ 5' TRACT 108 00 GOLDEN GATE ESTATES 0 660'(P) UNIT 1 ~ PLAT BOOK 4, PAGE 73 I I FERREIRA & FERREIRA II I OR 1111/1448 I, I :1 I 66D'(P) I I' I I OR ~ OFFICIAL RECORDS (BOOK/PAGE) ~""'''1 PROPOSED 5' TEMPORARY CONSTRUCTION EASEMENT kXxX)j PROPOSED RIGHT OF WAY r//~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 o o + ~ en w ;: [ o o + ~ en w . , " . i1 " " " o o + en en TEMPORARY CONSTRUCTION EASEMENT DURATION S> YEARS. ,"'"" " , " A PORTION OF TRACT 108, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAPS 70 OF THE P.UBLlC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANG)': 1'6 EA$;r; COLLIER' COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, I . :'1 LEGAL DESCRIPTION FOR PARCEL 168TCE THE WEST 5 FEET OF THE EAST 40 FEET OF THE NORTH ONE HALF OF SAID SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 ,< i . If.' , tp. W .1 """" t CONTAINING B25 SQUARE FEET, MORE OR LESS. 160 I BY: MICHAEL A. WARD, PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRATION CERTIFICATE NO. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. SCALE: 1 b=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 16BTCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02.00 0006 REV 3 SCALE 1" ~ 80' DATE 10-24-07 O'lTA lNC.~oo CONSULTING Civil~ ...", '.L ... Su<v'yillg&Mopp1ng 6610 WlIIow Park Drille, Suite 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239) 597.0578 LB No.: 6952 FILE NAME SHEET UNl SK168TCE OF 1 g: ~ " ." " c c , . ;:; > < !l N Q ~ ~ e o . o " 8 g: ~. N W+E S TRACT 106 w < " ~ " c ~ ~ c c- . !- o c c . ~ , - ~ " w I 25+00 27+00 -+ 1ST AVE. S.W, TRACT 107 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4. PAGE 73 , " ~ ,. ~r '" Ii ~ ~ ~ ;: ~ EAST 330' OF TRACT 107 BRAVIERI & BRAVIERI OR 3029/2751 " . ~ ~ " " ~ 550'(P) OR ~ OFFICIAL RECORDS (BOOK/PAGE) fXxXx>j PROPOSED RIGHT OF WAY I//~ II I "' w w II I II I 0 0 + I I .. II I II I 0 0 + co ~ ~ ~ 1_ 100' WIDE "0 PER PLAT '" 28+00 29+00 ,- 50' WIDE PER PLAT <( o Z' :=> o OJ f-- <( -.J Q 8 30 001 "0 n PROPOSED TEMPORARY __ I CONSTRUCTION EASEMENT "'I PROPOSED RIGHT OF WAY PARCEL 169FEE 11,550 SQ. FT. 35' EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 FEE SIMPLE INTEREST LEGAL DESCRIPTION FOR PARCEL 169FEE A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE EAST 35 FEET OF OF THE EAST 330 FEET OF SAID TRACT 107. lDD' WIDE---j PER PLAT ~ -' <( Z <( o ~ I I I I I I _100' WIDE_I PER PLAT I I I IN PLAT BOOK 4, PAGE 73 ,OFI TH~ PUBLIC 49 SOUTH, RANGE 26 EA::;T:CO~~rER : ~ ,It' , . , ',' , " ./, If J~,or&l 8\,L~R;i"SiONAL lAND SV"E~OR FLORIDA REGISTRATION CERTIFICATE. NQ., ~JOl SIGNING OATE: . NOT YAUO WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. CONTAINING 11,550 SQUARE FEET, MORE OR LESS. o I 40 I SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT 80 I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS 160 I COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 169FEE COLLIER COUNTY, FLORIDA O'lT A lNC,~.,J..oo CONSULTING Civil~ ... ~, '.L .a. SU<Voying & Mapping 6610 Willow Park Drille, Suile 200 Naples, FlorJda 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME UN1 SK159FEE JOB NUMBER 8-23-07 DATE 8-2 SCALE 1" ~ 80' SHEET OF 1 TE ORARY CONSTRUCTION EASEMENT DURA nON 2 YEARS. ~ " o ~ " ,- " o o , - ~ . ~ < o ;c- " ~ ~ o <; . ~ " o n ~ ~. II "' ~ ~ N W+, S TRACT 106 II II I II II ~ o o + .. ~ ~ . . ~ o o + n ~ ~ Ll00' WIDE I-PER PLAT 30- 001 , ~ 3 ~ c 0- ! 8 ~ ~ ,- ~ " ~ ~ ,. 1 " ~ ~ ~ ~r '" n 26+00 27+00 28+00 29+ 00 -+ 1 ST AVE, S,W. ,- 50' WIDE PER PLAT -0 n 5' TRACT 107 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 169TCE 1,500 SQ. FT. 'Ii '" i1 , n Q < ~ iI Ii o ~ ~ 3 & ~ EAST 330' OF TRACT 107 BRAVIERI & BRAVIERI OR 3029/2751 40' ~ ;: ~ , . . ~ " " . . 550'(P) OR = OFFICIAL RECORDS (BOOK/PAGE) ~ ~ "1 PROPOSED 5' TEMPORARY CONSTRUCTION v<x><)j PROPOSED RIGHT OF WAY r//~ II ,I EASEMENT EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 1 69TCE <( o Z :=J o m f- 100' WIDE_'L PER PLAT -' <( Z ('j ~ I I I I I I _100' WIOE_! PER PLAT I I I A PORTION OF TRACT 107, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 26 Ei\ST, ,COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. " , OF OF THE EAST 330 FEET OF SAID TRACT 107, ':!.' l , . (THAT PART BEING AN EXISTING ROADWAY 7J!JASE EN~/I ~HE / ,/ CONTAINING 1,500 SQUARE FEET, MORE OR LESS. 1<fV/r(Jf#'(o1 o 40 60 160 BY r- . 1.11 EL A WARD. PROFESSIONAL LAND SURVEYOR I I FLORIDA REGISTRATION CERTIFjCATE, !'l0. 5301 SIGNING DATE: NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. O\lTA lNC,~OO . CONSULTING Civil"Rn .......,.;ng ... ~, '.L JL Su<v~ & Mopping 6610 Willow ParK Drive, Suite 200 Naples. Florida 34109 Phone: (239) 597-0575 FAX: (239) 597-0578 lBNo.:6952 FILE NAME SHEET UNl SK169TCE OF 1 THE WEST 5 FEET OF THE EAST 40 FEET LESS AND EXCEPT; THE NORTH 30 FEET OF SAID TRACT 107 AFOREMENTIONED PLAT), SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT SCALE: 1 N=BO' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 169TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106,02,00 0006 REV 3 10 DATE 10-24-07 SCALE 1" = 80' ~ ~ " '^ " g , . " - > . g " o c '" ~ o :i " " " o & ~. m [ N W+E o o + ~ ~ ~ s ~ 5'1 PROPOSED TEMPORARY CONSTRUCTION EASEMENT 1 PROPOSED RIGHT OF WAY PARCEL 170FEE , 1,550 SQ. FT. c ~ TRACT 106 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 ~ c o m [ i . ~ ~ " ~ o it 106 I 35' I I ~ EAST 1/2 OF TRACT BROWN OR 2483/1988 ~ ~ c'- , .... :; ~ ~ , ~~ "0 n 26+00 27+00 28+00 -+ 1 ST AVE. S.W, ,- 50' WIDE PER PLAT !1 II II I I' I II II o o + o ~ ~ ~ "0 n - o " ~ " " ~ TRACT 107 o o + ;0 ~ II OR = OFFICIAL RECORDS (BOOK/PAGE) k><xX)j PROPOSED RIGHT OF WAY r/ / ~ EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 USE FEE SIMPlE INTEREST LEGAL DESCRIPTION FOR PARCEL 170FEE .':;'J ''':;' .c; ,: , bXHIBIT rage {(b of l (.)' >- 0:: <( co Z =:l o m ~ -.J (L L I I I I I I I --' <( z <( u 100' WIDE_'L PER PLAT o o + N ~ W ~ I I I I I I A PORTION OF TRACT 106, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF HiE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE .26 EAST,:,(:()LLlER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, . . THE EAST 35 FEET OF THE EAST ONE HALF OF SAID TRACT 105. {v(i~~! BY: . . CHAEL A. WARD'. PROFESSIONAL LAND SU~\lEYOR FLORIDA REGISTRATION CERTJFICA1E. NO~ 6301/ ' SIGNING DATE: ' NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL. SURVEYOR AND MAPPER. O\lTA lNC.~~o CONSULTING CivilEn' . ... ~, ,~ ... Su<v',mg~ 6610 Willow Park Drille, Suile 200 Naples, Florida 34109 Phone: (239) 597-0575 FAX: (239)597-0578 lBNo.:6952 FILE NAME UNI SK170FEE CONTAINING 11,550 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 160 , 40 I BO I SCALE: 1"=80' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED RIGHT OF WAY PARCEL 170FEE COLLIER COUNTY. FLORIDA JOB NUMBER 150106.02.00 0006 SCALE 1" ~ 80' :i, SHEET OF 1 ~ o ~ " .- " o o , - ~ ~ ~ " c o '" ~ o <; . C N " o n " ~ ~ " ~ N w+, o o + ~ ~ w S 5' >- D::: <C o .z :=J o QJ TRACT 106 GOLDEN GATE ESTATES UNIT 1 PLAT BOOK 4, PAGE 73 PROPOSED TEMPORARY CONSTRUCTION EASEMENT---........ PARCEL 170TCE 1,500 SQ. FT. f-- :S D- c , , ~ c o ~ ;; c c o . ~ ~ ~ " ~ I EAST 1/2 OF TRACT 106 BROWN OR 2483/1988 40' -' <( z <( u , ~ f ~r - 'Ii '" ~ n ~ "- ~ c n " Q < ~ < 3 ~ ~ 26+00 27+00 28+00 100' WIDE_L, PER PLAT "0 n "0 n I-I II I II I I I I, I II I o o + N ~ ~ ~ I I I I I I -+ 1ST AVE. S,W. ,- 60' WIDE PER PLAT ~ ;: TRACT 107 o o + :;; ~ ~ " > , o ~ " " ~ OR = OFF CIAL RECORDS (BOOK/PAGE) ~ '" "'I PROPOSED 5' TEMPORARY CONSTRUCTION fXxXx>j r//~ II I o o ~EJpORARY CONSTRUCTION EASEMENT DURA liON 3 YEARS. 'I EASEMENT PROPOSED RIGHT OF WAY EXISTING RIGHT OF WAY DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 4, PAGE 73 LEGAL DESCRIPTION FOR PARCEL 17DTCE A PORTION OF TRACT 106, GOLDEN GATE ESTATES, UNIT 1 AS RECORDED IN PLAT BOOK 4, PAGE 73 OF. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE ?~ E~;;T.,,,CO,LLlER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, . , . ..." '. THE WEST 5 FEET OF THE EAST 40 FEET OF THE EAST ONE HALF OF SAID TRACT 106, " /1' LESS AND EXCEPT; r : ( I, () . I ., . THE SOUTH 30 FEET OF SAID TRACT 106 (THAT PART BEING AN EXISTING ROADWAY EASEMEN:r 'PER THE AFOREMENTIONED PLAT), CONTAINING 1,500 SQUARE FEET, MORE OR LESS. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY FOR: COLLIER COUNTY GOVERNMENT o I 40 I 80 I 180 I 0\"1 TA lNC~oo CONS~TINO Civil~ ... '" ,..&. .... su<voying & Mopping 6610 Willow Park. Drilla, Suite 200 Naples,Florlda34109 Phone; (239) 597-0575 FAX: (239) 597-0578 LBNo.:6952 FILE NAME SHEET UNI SK170TCE OF 1 SCALE: 1 P=8o' BOARD OF COUNTY COMMISSIONERS COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PROPOSED TEMPORARY CONSTRUCTION EASEMENT PARCEL 170TCE COLLIER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 050106.02,00 0006 REV 3 10 SCALE 1" = 80' ~ . ~ ~ f !1 ~ CANAL ____ -~T- ;0 '" -u ~ 39TH STREET ~ XAIBIT 7t Page /(J of s N- " II w ~ 1-------- lii Q C " ~ 8 ~ " ~ ---I -----1- ::;: w+z q PROPOSED SLOPE EASEMENT PARCEL 172SE 1,501 SQ. FT. fTl ~ " ~ TRACT 1 50 ! THE NORTH 180' OF TRACT 1 49 TRACT 148 ~ 2 ! ~ ~ ~ ~ ~ ~ ~. f ~ ~ ~ i, g' '1: '" ~ " ~ ~ . ~ ~ N :c! ~ 8 ~ " ~ ~ THE SOUTH 150 FEET OF TRACT 149 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 d '" ~zl U1 =0 ~ g ... -; -; <oJ: :r: UI~I~ 0", '" ~ U1 U1 ,;.efT) rr1 o 0 ;;:= = zO 0 ",z z "'~ - N'" '" r;' U1 -; PLAT BOUNDARY WEBER BLVD I (AS MAINTAINED 1':l RIGHT OF WAY) . OR = OFFICIAL RECORDS (BOOK/PAGE) V / /I PROPOSED SLOPE EASEMENT PERPE UAL NON-EXCLUSIVE SLOPE EASEMENT .. LEGAL DESCRIPTION FOR PARCEL 172SE A PORTlON OF TRACT 149. GOLDEN GATE ESTATES, UNIT 27 N; RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FlOR'OA, LYING IN SECTlON 14. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA BEING MORE PARTlCULARLY DESCR'BED N; FOLLOWS. THE EAST lD FEET OF THE WEST 70 FEET OF THE SOUTH 150 FEET OF SAID TRACT 149, . CONTAINING 1,501 SQUARE FEET, MORE OR LESS. o 40 60 SKETCH & DESCRIPTION ONLY I 1 NOT A BOUNDARY SURVEY SCALE: '".SO' FOR: COWER COUNlY GOVERNMENT BOARD OF COUNTY COMMISSIONERS 1BD -, ~!ldJ~~ ~D SU~OOR FlORIDA REGlSTRATIO~JE NO, 5301 SIGNING DAm '1 ,. NOT VALID WITI-!OU'T lliE ORIGINAL. SI R~ SED EMBOSSeD SEAL OF A Fl.ORlOA REGISTEREO PROFESSIONAL SURVMR AND MAPPER_ JOB NUMBER 050106.00.01 0001 SCALE 1" - 80' D\lTA 1N~=- CONSULTING Q,ll~ ... '" ,"- ... SanoylDg" M>Wo< 6.610 W1UowPark OrIve,SultB 200 ,(, I Naples, Aorid& 34109 ,,>, Phone: (239} 597-0575 FAX: (239) 597-0518 La No.: 6952 FILE NAME SHEET UN27 SKl72SE OF 1 COLLIER BOULEVARD SKETCH & DESCRIPTION OF: PARCEL 172SE COLLIER COUNTY, FLORIDA PROPOSED SLOPE EASEMENT 10 ~ ~ I ~- ~ CANAL ~ ~ ~ 0- - - - - - -- ~---------------- ~ ~ ~ ~ 8 39TH STREET ~I ;0 '" -0 ~ ~ EXHIBIT A Page (I j' of I .;> PROPOSED SLOPE EASEMENT PARCEL 173SE 1.796 SQ. FT, ~ ~. ~+z & ~ l' f .. TRACT 150 THE SOUTH 150' OF TRACT 149 THE NORTH 180 FEET OF TRACT 149 GOLDEN GATE ESTATES UNIT 27 PLAT BOOK 7, PAGE 17 [T1 ~ ~ TRACT 148 ~ ! ~ . ~ -i o '" ~Zl UJ =0 ~ 8 .". -i -i <o;:C ;:c g]~I~ cO'l O'l :t Vl I./) -O'lO'l o 0 s;: =' =' zO 0 C> Z Z O'l~ ~ ","" 0> ~ " ~ g .. r ~ ~ . l. i l ~ , ~ UJ -i ~ ;: c ~ " r 8 ~ ]' PLAT BOUNDARY~ WEBER BLVD I (AS MAINTAINED gj RIGHT OF WAY) - OR = OFFICIAL RECORDS (BOOK/PAGE) V' ~ ~ PROPOSED SLOPE EASEMENT PERPETUAL NON-EXCLUSIVE SLOPE EASEMENT L1EGAL DESCRIPTION FOR PARCEL 173SE A PORTION OF TRACT 149, GOLDEN GATE ESTATES, UNIT 27 AS RECORDED IN PLAT BOOK 7, PAGE 17 DF THE PUBLIC RECORDS DF COLLIER COUNTY, FLORIDA, LYING IN SECTIONS 11 AND 14, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED />S FOLLOWS. THE EAST 10 FEET OF THE WEST 70 FEET OF THE NORTH 180 FEET OF SAID TRACT 149, CONTAINING 1,796 SQUARE FEET, MORE OR LESS, .. 1wJk::.~o SURVEYOR I flORIDA REGISTRATlON ~FlCA Nq. 5301 SIGNING DAm J.t/, () D NOT VAUD Wm-tOUT ll1E ORIGINAL SIGNA &: SED EMBOSSED S&.l. OF ^ FtORJDA REGISTERED PROFESSIONAL su R AND MAPPER. o 4D 80 SKETCH &: DESCRIPTION ONLY I I NOT A BOUNDARY SURVEY SCALE,I"_BO' FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS COLUER BOULEVARD SKETCH &: DESCRIPTION OF: PROPOSED SLOPE EASEMENT PARCEL 173SE COLLIER COUNTY, FLORIDA JOB NUMBER 050106.00.Q1 OODl SCALE 1" = 80' D\XT^lN~oo CONSULTING Ci.-vil~ ....", ,~ JL S""",,",,&_ 6610 Willow Park Drive, Stille 200 Naples. Aorida 34109 Phone: (239) 59Hl575 FAX: (239) 597-0578 lB No.: 6952 FILE NAME UN27 SK173SE SHEET OF 1 :< u '" co ~ ;;l f- en 0: "' U ii: <- o "" '" 7- o i= ;;l f- i= en ~ o U 00 o ",0 Q N ;: r: 00: ""0 <- <- >:>< ~;: ;,;;f-< 0'" u::' c.:::z "'0 :31= ""'" Ou UO "" "" '" en 0: "' 7- o in :!l ::. :;; o u ,. f- ~ ;.;l o u <- o Q 0: '" o CO 10;ft ilXwd I , " I Ilv;;J. - LOO(~P ~ '- N 0 0 0 ono 0 !~, " " ... = lI'l M II) MIll'l, 0 "" "" -r ... r--;,'r-rr-:,~"l!'1. 0, '!Ill "l i .,.~, ,",,' '" ::::J .,; =j"'1' N r- MI_ 01 on :;: .si=E IS on NQ'\""~r-_ ,~I on 0 "': e1\Vlr-MNl""'l N .... ... ~ QI< , N, " .-: , ;Vt , -10 N - '" - MjN 0 Nlo 0 , , 0'0 , 0 ... 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AGENDA ITEM TITLE: ITEM NO: 1/ /!If 10.0 NAME: PLEASE PRINT CLEARLY ADDRESS: REPRESENTING: PETITIONER OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE: L-A-N~SC.A-P/I\JG- UA-d~"bJ ~ 7S~ ~ITEMNO: _l 0 D 'l'HIS CO"PLE'I'ED FOR" IS '1'0 BE PLACED III 'l'HE "SPEAKER FOR" BOX" III 'l'HE BOARD ROO" PRIOR '1'0 'l'HE SUBJEC'I' BEIIIG HEARD. NAME: ryAul r-6<.JE c<- 0'153 :LSL.f1 ~L U DA b \31 ~e. LuAIk' PLEASE PRINT CLEARLY ADDRESS: c., REPRESENTING: PETITIONER OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. /. 't1 ,() 711)'6.[: AGENDA ITEM TITLE: t-I1NbSCI"lf/F ;?/I75;v" f/Lh"u -- f'/'t.Jcf~Z13 VI9!t/;)L--1-'!3;Lr &7?-C// I?/J PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: /0 j) PL~OMPLETED FORM.ON THE TABL~ LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: ~;v~y ~Rj)Olv6 ADDRESS: W~I/.o&-y WAY ~~/J/l/Oa//1LI<::' " / REPRESENTING: PETITIONER:E....1'NJ.l,v-4'L;.< )/cJ/J OTHER: COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUI~DING, 3301 EAST TAMIAMI TRAil, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. W Pi D [ l iJ.mfl .to GEJ~ '0".(~~~ AGENDA ITEM TITLE: l-~ /...:d- SC!.-fWL "-v'll -- ITEM NO: J () ,D OHIS ............ ....... TO BE _ .. n .. SUBJEct' BEIIIG HEARD. PLACED III 'IHE "SPEAKER FOR" BOX" III 'IHE BOARD ROO" PRIOR '10 'IHE NAME '~iA DE.. SGF If>T ADDRESS: r?t \1,'1 \C, ~,l?n'C.. \?1J02:.- REPRESENTING: PETITIONER PLEASE PRINT CLEARLY L jl) . OTHER' COLLIER COUNTY ORDINANCE NO 99-22 RE . ~~~~V~Ti~ST(~~C~~~~NDGA ~~~~~~~~M6T~I~0~~~~~~~~i~~~~~~~~~~~::~bNBgg~~~~~~g~~~~~, ~~~I~~~~Y~~H THE YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. i e , - AGENDA ITEM TITLE: L'LY ....J ~ frl .".. N "cY~ ~ ~ (k~pa~-/- ITEM NO: /(). '1'. 'IHIS CO"PLE'IED FOR" IS '10 BE PLACED III 'IHE "SPEAKER FOR" BOX" III 'IHE BOARD ROO" PRIOR '10 'IHE SUBJEct' BEIIIG HEARD. PLEASE PRINT CLEARLY NAME: ~ ,J = (0 ~ ~ i(j.?',/' ADDRESS 7 (' z.. y T..-z.... € (" t.J f>' ~'h" v'e.... REPRESENTING: PETITIONER 6' H to C~ tP Y1 e ~ _ '\ OTHER: 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE: '0'\',,"+,' (1(:, i\'\, Y' 1""'''1 fJ" /,: (, 'i,'," l'" ,( PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. NAME: AI'I L'" t' r:Z (' Re" I,'" ADDRESS: i' I \e'(v" I, I"~, : I,.', \J,'-'.' /\/, ( (' k i, REPRESENTING: PETITIONER: ({''II ',,"P,1i ,I,,' 'a 0 c: ''j,': I L, OTHER: COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: L c) tJS, ef- VAIi 0"/ C D I.-L- / E I?-- : PHt( .s OtJ ,'5;TA fJJE?5. "fl2-GPE-t:- ~ AGENDA ITEM NUMBER: 10 f: PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. ----==- , i / _ . r0!tP Lt 5 PL. NAME: .' /OJJ.-/iPt?R--~~ ADDRESS: !~50 VVi~tz fH-VE])~ 3/-102.- {D/JSE'R..VAJJC'( 0 F REPRESENTING: PETITIONER: ~LJ F<-. OTHER: COLLIER COUNTY ORDINANCE No, 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL, You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. AGENDA ITEM TITLE: s--r A.....-~ '~~'Vv-- ) ?HV'>( ~ / PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: 10 E PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. 55'(. /(1"1"- ,Ave, jJ 3'f/oj/ ADDRESS: B ('....f C ~ vc--A) NAME: &f,-t,,;:.. Av..t-'-- S.", .:>/ y REPRESENTING: PETITIONER: , ISTS SHALL BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBY TY COMMI~SIONERS REGISTER WITH THE CLERK TO THE BOARD AT (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE B~ARD OF WU~ARMON TURNER BUI~DING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL, THE BOARD MINUTES AND RECORDS DEPARTMENT, 4 FLOOR, . You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. OTHER: MEMORANDUM Date: January 5, 2009 To: Sue Zimmerman Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Mutual General Release Attached please find one original document, as referenced above (Agenda Item #10F), approved by the Board of County Commissioners on Tuesday, December 2, 2008. Please forward a fully executed and recorded original to the Minutes and Records Department. If you should have any questions, please contact me at 252-7240. Thank you. l()):F If[Q}!F ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCO:MPANY ALL ORIGINAL DOCUMENTS SENT TO TEE BOARD OF COUNTY COMMISSIONERS OmCE FOR SIGNATURE '1'rilU OD pinl: paper. AltId1 tD origin:ll rl~~' Origin:ll rl~m~" 3lIooJd be iwld dclivercd to the 80ard Office.. '!'h..compld<d rouriJlg ,Up md original d~~" are tD belixwardodtD the 8oaniOfficc cmly!!l!!:the8oanilw OIb:u.aaioa.on the item.) . .' . ". '. ROUTING SLIP . . COlllp!coo ltl1Iling _ #llflroughll4 as zppropri2le fbr addilicoai,;~ da=, mdlar iDfumwion necded..lf the rl~~ris aJro:uIy complete with the dOD atthe n..;,.""",', . dnwalinc t!lrou _ _'1 tbrou 114, !coo the c:lJecl:fut; and forward tDSueffiron (lilIe#S). Route to Addressee(s) . Office Initials Date (Lbrinrouth1 onlcr)"'" 1. . ~ --- PRIMARY CONTACT. INFORMATION (The primory """""" is the balder at the origiDal dacumco' p.....g 8ee 'l'proval. Nommlly the primary CODCIa is the 1'<"00 who crc:m:dIprcparc the executive !llmZllllIY.l'riDlaty conClCl: iDfcnzwioo is _ in the even< ooe of the odd%== above. including Sue FiJ!on. aced '" COOCla miI fbr addidcaal ar ttlUsiag iat"amIlltiOll. All origiDal dacumco.. aecdiag the 8ce Cllairmul"!ignonue "" tD be delivered '" the Bee ollie:: only af1.r the Bee Iw oacd tD 'l'PfC"e the i~) Name of Primary Staff Contact Agenda Date Item was ved b the BCC Type of Document Attached ",0: 2. 3. 4. 5. Sue FrIson., Executive Manager Board of County Commissioners 6. Minutes and Records Oerk of Court's Office Sue.. 2; (Y) f"Y\ef'mo.n ro-- ~O M lA.-hxl\ 6em-oJ Re Phone Number Agenda Ir.:m Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mati: '"Nt A" in the Not Applicable colwnn. whichever is 1.. Original c:Iocwnent has been sigDedl'mitialed for legal stiffic:iency. (All documents to be signed by the Chairman, with the exception of most lea=. must be reviewed and signed liy the Office of the County A=ney. This includes signann-e pages from ordinances, resolutions. etc. signed by the County AJ:1r:Jr'=f', Office and signature pages from conlr3ClS. agr>"!!=ts, etc.. that have been fnI1y =uted by all parties except the BCe Chairman and Clerlc to the Board and I State Official,.) 2. All bandwritten.strila:-tbrough and revisions have been initialed by the County ~y:, Office and all other arties the BCC Chairman and the Clerk to the Board 3. The Chainpan', ,ignature lIne date has been enr.:red a.s the dale ofBCC approval of the document or the final ne dared conlr3Cl date wbichever is licable. 4. "Sign here" tab, are placed on the appropriate pages indicating where the Chairman', si' and initials are S. In most cases (,ome contraclS an: an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hoen ofBCe approval. Some documents are time sensitive and reqnire forwarding to Tallahassee within a certain time frame or the BCC's actions arc nullified. Be aware of our deadlines' 6. The document was approved by the BCC on I (enter date) and all changes made dnrlng the meeting have been incorpora in the attached docnment. The Conn Attorn '. Office has reviewed the as, if a liable. O?5:;?-d'='d~ loF I Yes (Initial) NlA(Not liable) 0b ." ~ For=! Couety For=! Bee FocmI Origi.nal D= RDaring Slip WWS Origia1l9.03.04. Revised 1.26.OS. RevUe<! 2.24.0~ lOf MUTUAL GENERAL RELEASE 1. In exchange for good and valuable consideration, the receipt of which is hereby acknowledged, CENTEX HOMES, a Nevada general partnership (hereafter "Centex") and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereafter the "County") hereby release and forever discharge each other from any and all claims, entitlements, causes of action, debts, or any other legal action in law or equity, which were or could have been raised, and any other cause of action in law or equity that the parties may have against each other, their agents, employees and principals regarding that certain Agreement for Dedication dated July 29, 2003 between Centex and the County (the "Agreement"), a true copy of which being attached hereto and incorporated by reference. This release specifically includes, but is not limited to, any claim by Centex of entitlement to impact fee credits referenced in the Agreement. The purpose of this release is for each party to release all of the other parties from any and all claims or causes of action of any nature from the beginning of the world to the day of these presents. 2. The acceptance of this General Release and anything contained herein shall not be construed as an admission or acknowledgment of any liability or wrongdoing by any of the parties. The parties also agree that this document may be executed in counterparts and transmitted to one another by facsimile transmission and taken together the faxed counterparts shall constitute a binding agreement. The parties hereby declare that they have read this Mutual General Release in its entirety and know the contents thereof, that they have had the benefit of the advice of independent counsel of our own choosing and that they have signed it as their own free act and deed. This Release is understood and agreed to on this ~ day of D~ 2008. f__"- ' ATTEST: "' . DWlGHTE. BROCK, CLl~RK BOARD OF COUNTY COMMISSIONERS OF COLLIE OUN , FLORIDA , . . '~ ~~ ^ . -)':11' ,1 ature on I i- Ap ove to form and e lcie Jeffr A. latzkow Coun A mey Witnesses: CENTEX: lOF W,itnesses: I ., ! ~ .( ! ,.A" Ii , i. / I) ..~' ~."' ,--," (- , , 7 f (_-- ~~'h t f. /..-./1 f l CENTEX: Centex Homes, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation, its managing general partner Print Name 9~-- /(7 C-..-/~ ~ 1 /; :.ju..~~_<; /(, L<..Jlknr- Print Name BY:0~~ Name: '0; ( .x;" i. . -\I :rz. Its: j)\V \?'f'..P.h. STATE OF r J, COUNTY OF Co II, <,,/ Before me, the undersigned notary public, appeareltk! c.u:J u i J. <'\-c./, Lu6; .f?, . /), "<;. ; on p,,.. j /{{,'"f of Centex Real Estate Corporation, managing general partner of Centex Homes, who is personally known to me or was identified by driver's license, and who acknowledged freely executing this Release and who took an oath on this ,;? y,cday of (- 't h, /J~el ,2008. '1 I N:Ju;;~;~:- h '~:tc;'.q'.t,~", ,:<\ ~~5RA~N'''COVERiNr'.''''1 ._' '.;~'~; , Comm# 000521732 i - ,,,".'t>\~ ::.. . -:3t}:.::-'1.;~ Expires 2/22/2010 : ""'~~""'\~ , : ;:,;, :~-.\\'_";:- ,,'i:)(jd81 Notary As3l1..loc : ,-",.....",lO..U.................. Printed Name of Notary My Commission Expires: r i: AGENDA ITEM TITLE: U t\ (, >" l Y~{k AGENDA ITEM NUMBER: ICJ F PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. Mc~~~yk- REPRESENTING: PETITIONER: ~ c-'- 4 ADDRESS: )~ O~ r-t,~ ('(4\ I>~ J3Lvl( 'A \l pt OTHER: _Vt \ IA ~ "" I I:h1t- NAME: Merk .#-(t>") COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W, HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED TO THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. ,Ree .___---./d. <~, ,*'-~,'( ~6 0 C"<c:: eV'k~ 'r--, , ,. f -'-' ..r",-c-t.. "'" - ""', .::;pr-6 -i-;"'" ,,,,. , ITEM NO: (0 F 1>e 1<-<.5 '" I po- IT f:.. "HIS C."PLDED F.R" IS .,. BE PLACED I. "HE "SPEAIIER F.R" B.X" I. "HE B.ARD R.... PRI.R .,. "HE SUBlEn BEl.. HEARD. AGENDA ITEM TITLE: Ie F PLEASE PRINT CLEARLY NAME: ~... e.S Curkar ADDRESS: t " c '((c Ls..t->"- ?o........-c.;u-c... REPRESENTING: PETITIONER OTHER: 'Jk (a~o(ffcA- 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT, YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. AGENDA ITEM TITLE: D I ~fb 'bl~ .tJ\-J <9~ IkhSb \ PCUl.L AGENDA ITEM NUMBER: lor PLEASE PRINT CLEARLY (j) A.J~ leA r 'FL @ Q) NAME: J3~r: b B I c:t c t REPRESENTING: PETITIONER: ~lc;c~ ~ ) PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. ADDRESS:J ~O{oL{ PQJifly:J, LrI \ f\ht[cS; EL9~ liD ld~~A1ej1S OTHER: COLLIER COUNTY ORDINANCE No. 07-24 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES ~~~~~~~~' ~~:U~~~ ~~~T~~~~~~~~R:pS::r~;~~, ~~AF~~=,W.U~~~~~NM~~~~~~~U~~~I~~~;~~t~:~;~~~I~E~~~~I~~~~~L:~ ;~, You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. QUITCLAIM DEED THIS QUITCLAIM DEED executed this _ day of by ,2008, COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called the Grantor), to Delasol Homeowners Association, Inc" a not- for,profit Florida corporation, its successors and assigns, whose post-office address is (hereinafter called the Grantee), (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns,) WHEREAS Grantor and Grantee's predecessor-in-title Centex Homes (hereinafter called the Developer), pursuant to Section 6,14 of Collier Countv PUD Ordinance 2000-80 (hereinafter called the PUD Commitment), entered Into that certain Aqreement for Dedication dated Julv 29. 2003 (hereinafter called the Aqreement) wherein Developer aqreed to dedicate one (1) acre within the subdivision known as Delasol to be developed bv Grantor as a public park' and WHEREAS to complete the PUD commitment and to accept the dedication Developer conveved title to the Park Propertv (as more particularlv described below) to Grantor pursuant to Warranty Deed recorded at OR, Book 4165, Paqe 122 Collier County, Florida Public Records and WHEREAS. Section 7 of the Aqreement provides: "If the County. by action of the Board of County Commissioners. determines not to construct a park on the Park Property. it will execute an appropriate instrument releasinq the Park Property from the dedication obliqation": and WHEREAS. on January 15, 2008. the Board of County Commissioners for Collier County, Florida voted not to proceed with constructinq a public park on the Park Property (known as Tract "U", Delasol Phase Two. as further described below) findinq the public park not to be in the public interest and findinq the PUD Commitment to be no lonqer necessary: and WHEREAS. pursuant to Sect,on 7 of the Aqreemenl. Grantor wishes to release the public park dedication and convey the Park Property to Grantee as successor-In-title to the Developer. J].eln lOr I 2- I 'LJ 0 'i C l)l)yt V'cp 0 r-fe(' 10F i~:~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCU1\1ENTS SENT TO THE BOARD OF COUNTY COMl\tfISSIONERS OFFICE FOR SIGNATURE Prine on piDl: paper. Att>d1to original "~~, Original "~m~'" 3Iwu1d be lwul delivered to ll1e Boaro Office.. =comp!et<d routing sJip ilDd ori!Pnai "~~"'uetobefutwmled.totlulBoaroOflio:onIy~tlulBoattlhasOlJo:a.action.OI1tlulilcm.) . . .' .. . . ROUTING SLIP Camp/co roaling IiDes #1 tItmagh #4... ~ 1br addiliala.l,;gnalIIIl:3. dares, mJjfor iDfomw:iOl1 aecdcd..1f tlul "~';'~;';.:1=dy campI.., >rilb. tlul ,,'.. oi'tbc~'s . dr.o.waline l!IroalZl rouJin.lin..#ll!1roa<h#4, """"'/co ll1e d!ecl:list; ilI1d forward toSueFiJsuD (Jin41S). Route to Addressee(s) . Office .------- "Initials Date (Ilst in rculin. order). ::.,....... L .. ~_/ . . -- 2. ----~/ ., ----- 3. . . ------ .. ----/ 4.~ So Sue FIlson, Executive Manager Board of County Commissioners . . 6. Minutes and Records Oerie of Court's Office - PRIMARY CONTACT INFORMATION ~ priDwy c:oucot is lb.e bolder of tlul arigimJ dac:lImeI1' pCIIdiDg Bee appro\':ll. Nanimny clle primary CllI1CICI: is <be peaon ..bo <=IIl:l!/prcpl= clle ==<i... SllDIIZW)'. Primary COI1l:ICt iDmrmaDon is accded in clle ...., 0lIe of clle -== llbave. including Sue filson. aood la cplltu:tmtr far additiaaal at IDissing infomwion. All arigiDllJ dacumc1l:l oeeding <be BCC c::hairm;zlI', signa""" "" la b. doUvcred la clle Bee office ouly after clle Bee has:u:lCd la lppro'" <be item..) Name of Primary StJIif Sue.- Li""m-uYY\CU) Phone Number <95~- ~~d- Contact Agenda Date ltem was De.cemkJer J) dOO8 Agenda Item Number loF Amlroved by the BCC Type of Document Quitcloj[Yl Deed Number of Original r Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NJ A" in the Not Applicable colunm. whichever is Ye$ N1 A (Not (Initial) Jicable) 1.. Original clocument has been sip:dl"mitialed for legal sUfficiency. (All documents to be signed by the Chairman, with the exception of most Ietters. must be reviewed and signed oy the Office of the County AJ11Jrnt=y. This includes signature pages from arr!;".""",", resolutions, ete. signed by the County AJ11Jrnt=y's Office and signature pages from C;:1 COntraclS, agreements, etc. that bave been folly executed by all parties """"Pt the BCC V' 0- Chairman and Clerlc to the Board and I State Oflicia!ll.) 2. All baIJdwritten.strilce-throagh and revisions have been initialed by the County 4="y: s ~ r A Office and all other arties the BCC Chairman and the Clerk to the Board ,~ 3. The ~'s signature line date has been entered as the date afBCC approval of the document or the final ne tiated contract date whichever is Iicable. 4. "Sign here" tabs are pl8ced an the appropriate pages indicating where the Chainnan's si. and initials are r 5. In most cases (some conlnCtS arc an =ption), the original document and tbis routing slip should be provided to Sue Filson in the BCC office within 24 baurs ofBCC approval. N .!:1 Some documenlS are time sensitive and require 'forwarding to Tall.ahassee within a certain ' ( I time frame or the BCC's actions arc nullified. Be aware of our deadlines! 6. The doc:nment was approved by the BCC an I (enter date) and all changes made during the meeting bave been incorporated in the attached docssment. The ~- Conn Atto 's Office bas reviewed the .... if a Iic3ble. !; FonmI Cauacy FonmI Bee ForsmI Original Documcus RDuring Slip WWS Original 9.03.04, Rovised 1.26.05. Revisod 2.24.0' MEMORANDUM Date: December 24, 2008 To: Sue Zimmerman Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Quitclaim Deed Attached please find one original document, as referenced above (Agenda Item #10F), approved by the Board of County Commissioners on Tuesday, December 16, 2008. Please forward a fully executed and recorded original to the Minutes and Records Department. If you should have any questions, please contact me at 252-7240. Thank you. IOF H" lor , QUITCLAIM DEED THIS QUITCLAIM DEED executed this ~ day of ~, 2008, by COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, (hereinafter called the Grantor), to Delasol Homeowners Association, Inc., a not-for- profit Florida corporation, its successors and assigns, whose post-office address is c/o Integrated Property Management, 3435 10th Street North #201, Naples, Florida 34103 (hereinafter called the Grantee). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns.) WHEREAS, Grantor and Grantee's predecessor-in-title, Centex Homes (hereinafter called the Developer), pursuant to Section 6.14 of Collier County PUD Ordinance 2000- 80 (hereinafter called the PUD Commitment), entered into that certain Agreement for Dedication dated July 29, 2003 (hereinafter called the Agreement) wherein Developer agreed to dedicate one (1) acre within the subdivision known as Delasol to be developed by Grantor as a public park; and WHEREAS, to complete the PUD commitment and to accept the dedication, Developer conveyed title to the Park Property (as more particularly described below) to Grantor pursuant to Warranty Deed recorded at O.R. Book 4165, Page 122, Collier County, Florida Public Records; and WHEREAS, Section 7 of the Agreement provides: "If the County, by action of the Board of County Commissioners, determines not to construct a park on the Park Property, it will execute an appropriate instrument releasing the Park Property from the dedica.tion obligation"; and WHEREAS, on January 15, 2008, the Board of County Commissioners for Collier County, Florida voted not to proceed with constructing a public park on the Park Property (known as Tract "U", Delasol Phase Two, as further described below), finding the public park not to be in the public interest and finding the PUD Commitment to be no longer necessary; and WHEREAS, pursuant to Section 7 of the Agreement, Grantor wishes to release the public park dedication and convey the Park Property to Grantee as successor-in-title to the Developer. 1 lOP MIll WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10,00) in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said Grantee forever, all the right, title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or parcel of land situate, lying and being in Collier County, Florida, to wit: Tract "U", as depicted on Plat of Delasol Phase Two, Recorded in Plat Book 41, Pages 51 through 55, as recorded in the public records of Collier County, Florida Subject to easements, restrictions, and reservations of record. This property may only be used for open space, private recreation or nature preserve. This covenant shall run with the land. The Grantor acknowledges by execution of this deed that the dedication of Tract U for a public park expressed on the Plat of Delasol Phase Two is hereby repudiated. By acceptanee and recording of this deed, Grantee assumes all responsibility for any future vacation of this plat dedication, if such vacation becomes necessary, TO HAVE AND TO HOLD the same together with all appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. ATTEST:"," ';, DWIG~ E. BROCK:'C;LERK r;,' "," BOARD OF COUNTY COMMISSIONERS COLLIER OUNT , FLORIDA HAIRMAN By: <'" ',' - . .ttest n to 'Ola fr'Mll", >, '~ ,:'," slQnature 00.,..(. _""".' ' . B Approved as to form and legal sufficiency: -tiJ .A- Uo Heidi Ashton-Cicko Assistant County Attorney 2 J AGENDA ITEM TITLE: ED C \Q.~ \ 5 \a~ IJ( rr\- Dt -e J PLEASE PRINT CLEARLY AGENDA ITEM NUMBER: \ 0 Gj PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. REPRESENTING: PETITIONER: ADDRESS: ?DSD ~. tf>v~5~ Or. j~ I YJ )l{!o{ OTHER: fOr / NAME: r\1m )VVlI Q ~ ( -evrv ciX , COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. ~ AGENDA ITEM TITLE: ~y C Q'rf(Xr3I'~ 50r+. AGENDA ITEM NUMBER: Ii ~'L ( , I "'1 "\ 1.-' .=; ) i\y PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. /~ 0/ \ ' \7 (. NAME\<Fr' ~~:\ ',If- IN Ii !tl:~ ADDRESS: ~,() ~ f'~ \"J &';I'(~' \~ : REPRESENTING: PETITIONER:\!':?) ~\.41 OTHER: COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST TAMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONLY THE CHAIR. Statutes & Constitution :View Statutes :->2008->Ch0380->Section 04: Online Sunshine Page 1 of2 .>~/;;,:';/o!'f ! ("(.',: .,..i;'(~~:,,, ~~W' rrt;-t; /(;:'T( /(. 1,::"'::'>J 380.04 Definition of development... 1 0 1_ coer+- v I(?',por-kY' (1) The term "development" means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (2) The following activities or uses shall be taken for the purposes of this chapter to involve "development," as defined in this section: (a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. (c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in s. 161.021. (d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. (e) Demolition of a structure. (f) Clearing of land as an adjunct of construction. (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (3) The following operations or uses shall not be taken for the purpose of this chapter to involve "development" as defined in this section: (a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. (b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of- way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners. (c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. (d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. http://www.leg.state.l1.us/Statuteslindex.cfm.) Appnlode~Display _ Statute&Search String.., !2/2/2008 GENERAL PROVISIONS lOJ 1.08.02 1.08.02 within the legally described boundaries of the residential development's lot(s) or parcel (s). Total residential land area does not include existing platted land area for vehicular rights-of-way, whether public or private, nor land within a planned unit development district that is to be used for commercial uses, industrial uses, or a use that has a residential equivalency, except where allowed by the GMP. Total residential land area may include land submerged beneath an existing freshwater body (e.g., ponds or lakes) so long as evidence of fee ownership of the submerged lands is provided at the time of development application, but may not include land submerged beneath tidal water bodies, nor lands considered to be marine wetlands. For purposes of calculating density the total number of dwelling units may be rounded up to the next whole number if the dwelling unit total yields a fraction of a unit .5 or greater. Destination resort hofel: A transient lodging facility (i.e. - less than six months occupancy) where patrons generally stay for several days in order to utilize, enjoy, or otherwise participate in certain amenities, natural or man-made, including but not limited to: (i) direct access to the Gulf of Mexico, (ii) on-site golf course and golf-related facilities, (iii) health spa andlor fitness center, (iv) other recreational amenities and on-site services, including full dining services and cocktail lounge, entertainment rooms for video and movies, and concierge services. Except that, for destination resort hotels fronting on the Gulf of Mexico, an on-site golf course is not required. In all cases, a destination resort hotel must include full dining services and a cocktail lounge, and not less than 25 percent of the gross floor area must be devoted to common usage and support service areas, such as but not limited to fitness room, health spa, media room, meeting rooms, dining and lounge facilities, and spaces in support of hotel functions. Development The carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into 3 or more parcels. The following activities or uses shall be taken for the purposes of this Code to involve "development": a. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. b. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. c. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in 9161.021, F.S, d. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. e. Demolition of a structure. f. Clearing of land as an adjunct of construction. g. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. Development agreement An agreement regarding the development of property that complies with the requirements of the Florida Local Government Development Agreement Act, 99163.3220-163.3243, F.S. Development order. Any order, permit, determination, or action granting, denying, or granting with conditions an application for any final local development order, building permit, temporary use permit, temporary construction and development permit, sign permit, well permit, spot survey, electrical permit, plumbing permit, occupational license, boat dock permit, HVAC permit, septic tank permit, right-of-way permit, Supp. No. 4 LDC1:19 "...-.....-.-----,.....-..--...-....---. , AGENDA ITEM TITLE: fv~lrc- W Vv"- """'--I AGENDA ITEM NUMBER: 1 I PLEASE PRINT CLEARLY PLACE COMPLETED FORM ON THE TABLE LEFT OF THE DIAS IN THE BOARD ROOM PROR TO THE SUBJECT BEING HEARD. Pk/'ll f ~nLO , NAME: ADDRESS: ~I JA,1 t-- ;.,. Y c "'- (/ Cf2" -. REPRESENTING: PETITIONER: OTHER: COLLIER COUNTY ORDINANCE No. 07-24 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, 4TH FLOOR, W. HARMON TURNER BUILDING, 3301 EAST T AMIAMI TRAIL, NAPLES, FL. You ARE LIMITED To THREE (3) MINUTES FOR YOUR COMMENTS AND ARE To ADDRESS ONLY THE CHAIR. ....-' AGENDA ITEM TITLE: J ;?;' I </./1 c .- I 1 / Ccrtr7 <l1! C&J ,111'! 'f hI' h "'l/' ,..--/ I'HIS COMPLEI'ED FORM IS 1'0 BE PLACED IN I'HE "SPEAKER FORM BOX" IN I'HE BOARD ROOM PRIOR 1'0 I'HE SUBJECt' BEIN. HEARD. ./ ~. .I t;7"U c/.J ITEM NO: I( 'AM' 1(~t,~~ 4) ~J~iLCAsePRINTCLCARLY ADDRESS .r,':'~" J2 (C ~A' iA'~!:) .if.~ 3 y II ~ REPRESENTING: PETITIONER 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), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. YOU ARE LIMITED TO 3 MINUTES FOR YOUR COMMENTS AND ARE TO ADDRESS ONL Y THE CHAIR. OTHER: 12 A- ~'0'd LO ()rt 'j r.....pifiOl. NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, DECEMBER 2, 2008, at a time certain of 12:00 noon in the Commission conference room, 3,d Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures in the pending litigation case of Board of County Commissioners v. Dwight E. Brock. Clerk of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prinl on pink paper. Attach to original document. Original documents should be hand delivered 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.) l6A4 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in routin order 1. 2. \4) I~\o r PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Cbe 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners Name of Primary Staff Phone Number Contact I-\I..\. ~<>v" \I.:l \;2..,\0- "? 1- ~ Agenda Date Item was Agenda [tern Number -4 A roved b the BCC Ie. lie.. Type of Document \\otJ Number of Original I Attached "l Documents Attached 6. Minutes and Records Clerk of Court's Office Yes (Initial 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (AI! 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 ITom contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) AI! handwritten strike-through and revisions have been initialed by the County Attorney's Office and al! other arties exce t the BCC Chairm;ffi and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time ITame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on I:) (enter date) and all changes made during the meeting have been incorporate in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. / //' N/A is not an option for line 6. I: Forms! County Forms.! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. zA MEMORANDUM Date: December 5,2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-342: Veronawalk Ph 2A Resolution 2008-343: Veronawalk Ph 2B Resolution 2008-344: Veronawalk Ph 2C Enclosed, for your records, please find one copy of the documents referenced above (Agenda Items #16A4, #16AS & #16A6) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please feel free to contact me at 252-8411. Thank you. Enclosures 16A4 RESOLUTION NO. 08- 342 16A4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONA WALK PHASE 2A, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 27 THROUGH 30; 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 VERONAWALK HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 21,2004 approved the plat of Veronawalk Phase 2A 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 Veronawalk Phase 2A, pursuant to the plat thereofrecorded in Plat Book 42, pages 27 through 30, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this .;;1M day of ~",kl&( , 2008. DArE:I~I~lo~ ATTEST: OvnGHTE.BROCK,CLERK ~i:~-(~- At'ttstL*,',t6eQuty Clerk S 1 t;h" f 1'1I<1" S onature on I , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ TOM HENNING, C RMAN Agenda Date (1ofrL} 1 .~~l ~q Approved as to form and legal jI~A Cleo rff--- JeffE. Wright Assistant Collier County Attorney Item # Depu ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 5 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 OHice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action Oil the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si nature, draw a line thrau h rautin lines #1 throu h #4, com lete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date List in routin order I. I~I ~t>8' 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office ([he primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chaim\an's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached PRIMARY CONTACT INFORMATION Phone Number "'..;>"., <S +51-- Agenda Item Number II., A- <; L\:l\CDd (J - 3-1 '? Number of Origiual Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever IS Yes N/A(Not aoorooriate. (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 Bee J1\ 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 oarties except the BCC Chainnan and the Clerk to the Board - 3. The Chairman's signature line date has been entered as the date ofBCC approval of the ~D 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 lJ 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 BeC approval. Some documents are time sensitive and require foru.rarding to Tallahassee within a certain .- time frame or the BCe's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC 011 I;:)' (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. hne 6. INSTRUCTIONS & CHECKLIST I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 L~ 16A5 MEMORANDUM Date: December 5, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-342: Veronawalk Ph 2A Resolution 2008-343: Veronawalk Ph 2B Resolution 2008-344: Veronawalk Ph 2C Enclosed, for your records, please find one copy of the documents referenced above (Agenda Items #16A4, #16A5 & #16A6) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please feel free to contact me at 252-8411. Thank you. Enclosures RESOLUTION NO. 08.343 16A5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONA WALK PHASE 2B, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 42, PAGES 76 THROUGH 79; 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 VERONAWALK HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 14, 2004 approved the plat of Veronawalk Phase 2B 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 Developrnent 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 Veronawalk Phase 2B, pursuant to the plat thereof recorded in Plat Book 42, pages 76 through 79, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this 'J..I\d day of b.t.ON\~r ,2008. DATE: 12JS1CB ATTEST: . DWIGHT E. BROCK, CLERK ~~ \t(~ ~( '" , . t~ . . . .,Deputy Clerk '.. .'. .... _J Ui11,'lll4.w ~ l~i/l.'IIl'.HOII .. I '. ,:JD'r Approved as to form and legal sU[Incy: _ ~ A (j() rf,f--- JJffE. Wright Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, C AN I~e",# \~)~ ~~~d3 8lat~ ~tsM Depc\y CI~rfi' sIt.- --. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 A 6 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 Otlice. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si ature, draw a Hne thrau h routin lines #1 thrau h #4, com lete the checklist, and fOIVIard to Sue Filson line #5). Route to Addressee(s) Office Initials Date List in rautin order 1. 1.)..)lJ I ocr 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder ofllie original document pending Bee approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chaimlan's signature are to be delivered to the Bee office only after the BeC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached 6. Minutes and Records Clerk of Court's Office <;1-$1- l~' A. 4- Yes (Initial) N/A(Not A licable) PRIMARY CONTACT INFORMATION Phone Number ~ ~- ..:1\ L\ --/ N/A is not an option for line 6. btcu \ci.~<i::.O ~_>-I:-\ " Agenda Item Number I: Forms! County Forms/ BCe Forms:! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.2.4.05 ~ 3L( L( Number of Original Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes colunm or mark "N/A" in the Not Applicable colunm, whichever is a ro riate. Original document has been signed/initialed for legal sufficieney. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a hcablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BeC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! The document was approved by the BCC 011 ,;) ~ Jenter date) and all changes made during the meeting have been incorporateo in the attached document. The Coun Attorne's Office has reviewed the chan es, if a Hcable. 2. 3. 4. 5. 6. ~<:. MEMORANDUM Date: December 5, 2008 To: John Houldsworth, Senior Engineer Engineering Services Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-342: Veronawalk Ph 2A Resolution 2008-343: Veronawalk Ph 2B Resolution 2008-344: Veronawalk Ph 2C Enclosed, for your records, please find one copy of the documents referenced above (Agenda Items #16A4, #16A5 & #16A6) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please feel free to contact me at 252-8411. Thank you. Enclosures 16A6 RESOLUTION NO. 08_344 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN VERONAWALK PHASE 2C, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGES 84 THROUGH 86; 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 VERONA WALK HOMEOWNERS' ASSOCIATION,INC. 16A6 WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 3, 2005 approved the plat of Veronawalk Phase 2C 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 Veronawalk Phase 2C, pursuant to the plat thereof recorded in Plat Book 43, pages 84 through 86, and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Veronawalk Homeowners' Association, Inc. This Resolution adopted after motion, second and majority vote favoring same, this ;;lnd day of .hutJ't'l b.v ,2008. DATE.: t~l,,;.td3, A TIEST: DWlPHT E. BROCK, CLERK ~ti~~~r~~ Attest i, to. Chll f n14n , s lqnature co I . Approved as to form and legal ~Uf wi ncy: -cU eko -(tf.- Je f E. Wright Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA IRMAN r' . ,. ,., I ' 1\. :1',(. . _ ! [.'. l!-J~J~g Ii. r..;,". I +~(7 ',~~~tJ I.d')"i.. Usr, . ? LjL, L___ .....r,. . ( ,.' \. .~ r...... .\\., 't,._" ...~ ( '.r'\"- , ~ C", ~.. .....<\0. ..."....1 " .'0)\,)'0 \ . " .- -0';"~ eo1frJr Coun1:Y ~L , - 16A? Memorandum To: Sue Filson, BCC Executive Manager From: Lyn M. Wood, C.P.M.~_ Contract Specialist v "'7''- December 2, 2008 Date: Subject: Change Order #3 to Contract for Collier County Inter-Active Growth Model The subject was approved by the BCC on December 2,2008, Agenda Item l6.A.7. I would appreciate it if you would obtain Commissioner Henning"s signature and forward to Clerk's Minutes and Records. Please don't hesitate to call me at extension 2667. 16A7 MEMORANDUM DATE: December 5, 2008 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Teresa Polaski, Deputy Clerk Minutes and Records Department RE: Change Order #3 to Contract for Collier County Inter- Active Growth Model Enclosed, please find a copy, referenced above (Agenda Item #16A7) approved by the Board of County Commissioners on Tuesday, December 2, 2008. The original agreement will be held in the Minutes and Records Department as part of the Board's permanent record. If you should have any questions, you may contact me at 252-841 I. Thank you, Enclosures CHANGE ORDER 16A7 CHANGE ORDER NO. Three CONTRACT N0,45-88581 BCC Date: 09/26/2006 Agenda Item: 16A2 TO: Van Buskirk. Rvlfel and Associates. Inc. 100 Estero Boulevard. Suite 434 Fort Mvers Beach. Florida 33931 DATE: October 31. 2008 PROJECT NAME: Collier Countv Inter-Active Growth Model PROJECT NO.: Under our AGREEMENT dated September 26. 2006. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: To increase the time frame associated for the CIGM land use modeling to be utilized by AIM Engineering & Surveying, Inc., the consultants for the Transportation Divisions to update to the Long Range Transportation Plan (LRTP). FOR THE Additive Sum of: iQ $200.000.00 $54.000 $0 $254.000.00 Original Agreement Amount Sum of Previous Changes This Change Order Add Present Agreement Amount The time for completion shall be increased by 150 calendar days due to this Change Order. Accordingly, the Contract Time is now 28 months 840 calendar days. The substantial completion date is 1-30-2009 and the final completion date is 2-30-2009. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: November 4. 2008 CONTRACTOR: Van Buskirk. Rvlfel and Associates. Inc. OWNER: BY:~ Carleton Ryffel, AICP, Vice President By: ~~~ Mike Bosi, AICP, Project Manager [01 L_ 16A7 DEPARTMENT DIRECTOR By f?~ cL Randy Cohen DIVISION ADMINISTRATOR CONTRACT SPECIALIST ATTEST: By ~l/l y(/;~ tYn'&' Wood BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA ~ '~. .....~.Brock,~\2: . ... tAa ,~..,'I .' ',,'f " , . .... ,~t.test IS to Ch<<lra.tn , . 5 f9n4ture on,. APJilIQ-v~dAs To Form and Lega.l Sufficiency '~:~,~ II Ue Heidi shtortCicko, Assistant County Attorney man Item # I o A '1-- . P.genda i.:) I J..I () q Date ~ \ (~Is-ju ~ C. ::' ,.1 L ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16A9 ,hliiJ ')11 pink p:q~lJ'\ILI,jl l(~ ';!i ~illj)k'kd n-"I1III" ':lijl_ll:,l\i'i~!lt!l h\,~: ,!\..- ;kil!' .! II;, I,j';' 'i, illl'l 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 Suc Filson (line #5). Route to Addressee(s) Office Initials Date (List in routinj;!; order) I. 2. 3. 4. s. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original OOcuIllent pending Bee approval. Normally the primary contact is the person who '-Teared/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 infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the BCC oflice only after the Bee has acted to approve the item.) Name of Primary Staff' Mike Bosi Phone Number 252-{iS19 Contact Agenda Date Item was ~-2()()S Agenda Item Number 16.A.9 Approved by the BCC 11,..O:l-ar Type of Document Resolution f)B - 3t.JS' Number of Original I Attached Documents Attached Initial the Yes column or mark "N/A" in thc Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (AU documents to be Yes signed by the Chainnan, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinanccs. 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 possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attomcy' s Ycs Office and all other parties exceot the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the yes docmnent or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriatc pages indicating where the Chainnan's Yes signature and initials are reauired. 5. In most cases (some contracts are an cxception), the original document and this routing slip Yes should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some docmnents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of your deadlines! INSTRUCTIONS & CHECKLIST I: Forms'! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04 RESOLUTION NO. 08- 16A 9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING THE CHANGE IN CONTACT PERSON FOR THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) FROM THE DIRECTOR OF THE COMPHERENSIVE PLANNING DEPARTMENT OF THE COMMUNITY DEVELOPMENT AND ENVORONMENTAL SERVICES DIVISION TO THE DIRECTOR OF TH IMMOKALEE COMMUNITY REDEVELOP ME AREA (CRA). WHEREAS, the Immokalee Enterprise Zone Develop nt Agency (EZDA), an advisory agency to the Board of County Commissioners, was reated by Ordinance Number 95-22; and WHEREAS, the role of the EZDA is to assist an facilitate the economic development and opportunities for economic entrepreneurship wit n the Immokalee area; and WHEREAS, the powers and functions of the EZDA fall within the regulatory authority of the Executive Office of the Gov rnor, Office of Tourism, Trade and Economic Development; and WHEREAS, Paragraph 2. e. 0 the employment contract between the Collier County Community Redevelopment Agenc Board and Penny Phillippi, Executive Director of the Immokalee Community Redev opment Area, allows the Director at the direction of the Collier County Board of ounty Commissioners and the Collier County Community Redevelopment Agency ard to carry out promotional aspects of the Enterprise Zone which , encompasses the Imm7<alee Redevelopment Area; and , WHEREA~/the Immokalee Enterprise Zone Development Agency by letter to the of the Governor, Office of Tourism, Trade and Economic Development, 17, 2008, requested the change in EZDA contact person from the director of the Com ehensive Planning Department of the Community Development and Environmental Servi s Division to the Immokalee Community Redevelopment Area Executive Director, / 16A 9 B~ COUNTY ,/ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: I The Board of County Commissioners request that the ;fxecutive Office of the ; I Governor, Office of Tourism, Trade and Economic Developme;it, change the contact person / for the Immokalee Enterprise Zone Development Ajency from the Director of ; Comprehensive Planning Department of the Communo/ Development and Environmental I Services Division to the Director of the Immokalee 9~mmunity Redevelopment Area, Penny / Phillippi. / BE IT FURTHER RESOLVED that thi~solution relating to the request for change in the EZDA contact person be recorded in t minutes of this Board. This Resolution adopted after moti n, second and majority vote. Done this 2nd day of December 2008. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: # Marjorie Student tirling Assistant Coun Attorney BOARD OF COUNTY COMMISSOINERS COLLIER COUNTY, FLORIDA AIRMAN Teresa L. Polaski .w..g From: Sent: To: Subject: Teresa L. Polaski Thursday, December 04,200810:17 AM Henning, Tom Item #16A9 from 12/2/08 BCC Good morning, I wanted to give you a heads up that you wiil be signing this resolution again since the asst. county attorney never signed it, Margie just initialed it. i took it to her to sign and she said she could not and that a new one wiil need to be prepared and resigned. She contacted Mike Bosi to prepare a new one and wiil send it down as soon as she signs it. Any questions please give me a call. Thanks Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO A 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA TURE : DIl);; l':q 'i I: \j~i "1 ; 'ULl1, -';) ,\,"1" ROUTING SLIP Complete routing lines # I Urrough #4 as appropriatc for additional signatures, dates, ,md/or information needed. If the document is already complete with the exception of the Chainnan's signature, draw a line through routing Iincs #1 Urrough #4. complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (Lis1 in routing order) 1. -_..._-------_._~~--_.._._-,. 2. 3. - 4. --------..---- s. Sue Filson, Executive Manager Board of County Commissioners PRIMARY CONTACT INFORMATION (The primary contad is the holdl-'f orlhe original dOl;umenl pending Bee appnwuL Normally the primary l.,'1..mtad is the pt..'Tson who l.Teared/prepared the executive suumtaI)'. Primary contact information is needed in the event one oflhe addressees above, induding ~t1C hbon, neoo to contact statr for additional or missing information. All original documents needing the Bee Chairman's signature an.: to h..: delivered 10 thl: Bee om~ only' alter the Bee has ul.1cd to approve the item.) Name of Primary Staff Mike Bosi Phone Number 252-6819 Contact Agenda Date Item was ~-2008 Agenda Item Number l6.A.9 Approved by the BCC 11,01 -or Type of Document Resolution uB .- 3 '-/ S/" Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not ApplIcable column. whichever is Yes N/A(Not appropriatc. (Initial) ApplIcable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairn>an. WiUl the exception of most letters. must be rcviewed and signed by the Office of the County Attorney. TIllS includes signature pages from ordinauces. resolutions, ctc. signed by the County Attorney's Office aud signature pages from contracts, agreements, etc that have been fully executed by all parties exccptthe BCC Chainnan and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions havc been initialed by the County Attorney's Yes Office and all other parties exeeptthe BCC Chamllan and the Clerk to the Board 3. The Chairman's signature lIne mIte has been entered as the mIte ofBCC approval of the yes document or the final negotiated contract date whichever is applIcable. 4. "Sign here" tabs arc placed on the appropriate pages indicating where the Chainnan' s Yes sil?)Ulture and initials are required. 5. In most cases (some contr,lCts are an cxception), the original document ,md this routing slIp Yes should be provided to Sue Filson in thc BCC office within 2~ hours of BCC approval. Some docunlcnts arc time sensitive and require foru.'arding to Tallahassee \vithin a certain time frame or thc BCC's actions are nullilled. Be aware of your deadlInes! I: Fonnsl County FormsJ HCC Formsi Originall)(k:umcnts Routing Slip WWS Original 9.03.04 MEMORANDUM Date: December 8, 2008 To: Mike Bosi, Planning Manager Comprehensive Planning From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2008-345: Immokalee EZDA Enclosed please find one copy of the document referenced above, (Agenda Item #16A9), which was approved by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please contact me at 252-8411. Thank you. Enclosure (1) I6A9 RESOLUTION NO. 08-345 16A9 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; ENDORSING THE CHANGE IN CONTACT PERSON FOR THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) FROM THE DIRECTOR OF THE COMPHERENSIVE PLANNING DEPARTMENT OF THE COMMUNITY DEVELOPMENT AND ENVORONMENTAL SERVICES DIVISION TO THE DIRECTOR OF THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA (CRA). WHEREAS, the Immokalee Enterprise Zone Development Agency (EZDA), an advisory agency to the Board of County Commissioners, was created by Ordinance Number 95-22; and WHEREAS, the role of the EZDA is to assist and facilitate the economic development and opportunities for economic entrepreneurship within the Immokalee area; and WHEREAS, the powers and functions of the EZDA fall within the regulatory authority of the Executive Office of the Governor, Office of Tourism, Trade and Economic Development; and WHEREAS, Paragraph 2. e. of the employment contract between the Collier County Community Redevelopment Agency Board and Penny Phillippi, Executive Director of the Immokalee Community Redevelopment Area, allows the Director at the direction of the Collier County Board of County Commissioners and the Collier County Community Redevelopment Agency Board to carry out prornotional aspects of the Enterprise Zone which encompasses the Imrnokalee Redevelopment Area; and WHEREAS, the Immokalee Enterprise Zone Development Agency by letter to the Executive Office of the Governor, Office of Tourism, Trade and Economic Development, dated October 17, 2008, requested the change in EZDA contact person from the director of the Comprehensive Planning Department of the Community Development and Environmental Services Division to the Immokalee Community Redevelopment Area Executive Director, Penny Phillippi. 16A9 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners request that the Executive Office of the Governor, Office of Tourism, Trade and Economic Development, change the contact person for the Immokalee Enterprise Zone Development Agency from the Director of Comprehensive Planning Department of the Community Development and Environmental Services Division to the Director of the Immokalee Community Redevelopment Area, Penny Phillippi. BE IT FURTHER RESOLVED that this Resolution relating to the request for change in the EZDA contact person be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 2nd day of December, 2008. A TrEST: ~K'CL~ .'. ....., .... .... L ; .,,),~ ' APFb~tgtb~~ andLega~ Sufficiency: BOARD OF COUNTY COMMISSOINERS COLLIE:..~~~.rTY, F ORIDA BY:~ TOM HENN AN ~. (\ Item# L b ,+'( Agenda 1;:).1 c) I~ Date ~ 2 ITEM NO.: '31-f\2.C,. 011 0' FILE NO.: 16A 11 RAlifil ~E.()jE~~: Lit'),!".;! I) :",-i-'.-'-\.--,,~ '~'.' '-'.'."., REQUEST FOR LEGAL SERVICES 17 'do. i? ~j ~ l> ...T .j,~J()1 V fJ?l. 'Vl,g/ sri ROUTED TO: Date: February 3, 2009 From: Lyn M. Wood, C.P.M., Contract Specialist Purchasing Department, Extension 2667 ~y Sc-o ~ 1Q.<AL\r-j ~.~ L - I Cj To: Office of the County Attorney Jeff Klatzkow Re: Contract: 08-5103 "Demolition of Commercial and Residential Structures" Contractor: Honc Marine Services d/b/a HONC Destruction BACKGROUND OF REQUEST: This Contract was approved by the BCC on December 2, 2008, Agenda Item 16.A.11 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. C: Dave Scribner, Code Enforcement Margaret Kreynus, TECM/ROWA RLS # ()1- Nt - 0/101) CHECKLIST FOR REVIEWING CONTRACTS Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)? Commercial General Liability General Aggregate Required $______ Products/Compl/Op Required $_ Personal & Advert Required $ Each OcculTcnce Required $~__../fJ t~ Fire/Prop Damage Required $___ _ ______ Automobile Liability Bodily Inj & Prop Required $ _;l_Mlk... Provided $_LM..Lk Workers Compensation Each accident Required $...L...M' L-L Disease Aggregate Required $_____ Disease Each Empl Required $____ Umbrella Liability Each Occurrence Provided $_L_Mi\,-. _ Aggregate Provided $ i_ ( Does Umbrella sufficiently cover any underinsurcd portion? Professional Liability Each Occurrence Required $ Per Aggregate Required $___ Other Insurance Each Occur Type:____ Required $__ County required to be named as additional insured? County named as additional insured? Entity Name: 110/,)" NAII.'/Ct.. Entity name correct on contract? Entity registered with FL Sec. of State? Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? lfattaehed, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signahlre block? County Attorney's signature block? Attachments Are all required attachments included? S E k.l/lCfS d lit let. , t Provided $ ? iV\lL- Provided $ ____~_ Provided $ ~L'-:::___ Provided $ __-.lL__ Provided $ -lflI-rJ!"-"- Provided $_LIiv\.rL Provided $ l, Provided $ l I Provided $ Provided $ t\~-- --#_u__ 16Al1 IICfUC- J2.z;, r,ilu(' ((of) .........-Yes _.v'_u Yes No No \,-""Yes _;..C Yes Yes ./ Yes No No _~_No No Exp. Date -W oC( _ hp. Date .=f.... -- Exp. Date ..... Exp. Date Exp. Date ___ Exp Date ~/IID'( Exp Date }l/' "2c./P'1 Exp Date IJ ExpDate C__ Exp Date _rJ~d~'L Exp Date____ __ / '_ -i.<"_Yes No Exp. Date Exp. Date Provided $ .J..C'Yes iL"_Yes Exp Date No No '/Ycs Yes No ~No Yes lLNo Yes Yes No No _LYes Yes L Yes >L"_ Y es No ___.,:No INt p(1t~, IIJP, ,f'liz5- No No _.L"_ Yes _,-",-Yes _,-",_Yes No No No / ,,/ Yes No -: -- " Reviewer Initials: /{);l~ D," "":;J.-11t?fm 04-COA-o/o'3d;2'/i 16Al1 MEMORANDUM DATE: February 23, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract: #08-5103 Contractor: Hone Marine Services d/b/a HONC Destruction, Inc. Enclosed, please find an original, referenced above (Agenda Item #16All) approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's [fyou should have any questions, you may contact me at 252-7240. Thank you, Enclosures www.sunbiz.org- Department of State Page I of2 16Al1 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corporation HONC MARINE SERVICES. INC. Filing Information Document Number P02000015282 FEI Number 030403713 Date Filed 02/11/2002 State FL Status ACTIVE Principal Address 1130 PONDELLA RD. UNIT#1 CAPE CORAL FL 33909 US Changed 01/22/2009 fv1<lil_i!1JL AdclrEl_~~ 1130 PONDELLA RD. UNIT#1 CAPE CORAL FL 33909 US Changed 01/22/2009 Registered Agent Name & Address MULlCKA. DAVID S 1130 PONDELLA RD UNIT#1 CAPE CORAL FL 33909 Name Changed: 03/16/2005 Address Changed: 01/22/2009 Officer/Director Detail Name & Address Title PT HONC. JOHN P JR 1130 PONDELLA RD. UNIT # 1 CAPE CORAL FL 33909 US Title SV MULlCKA. DAVID S 1130 PONDELLA RD. UNIT # 1 CAPE CORAL FL 33909 US http://ccfcorp.dos.state.l1.us/scripts/cordet.exc?action=D ETFl L&in~ doc _ number=P02000... 2/18/2009 ww.w.sunbiz.org - Depatiment of State Annual Reports Report Year Filed Date 2007 04/05/2007 2008 03/20/2008 2009 01/22/2009 Document Images 01/22/2009 -- /\NNU;\L ;:~F; c)F~T r 03!20!2008 .... f\NNU!\: 1'1 ;:uln I 0':4/05/2007 n ANNUAL r';;[:[)()i:;;r r 02/f}1i200G "- i\f\JNUi\[ Rf:POr\T I 03/16/2005 -- Ar\NU/\L_ f~[;-)()Frr r 03104/2004 ..,. f\NNLU\[ r,zr:VORr I 03/04/20G3 .". ANNUAL RfYOr-:;:T [ 02/1-1/2002 D()mestic F'oc;'! View image in PDF Tormat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF Tormat View image in PDF format View image in PDF format ~: This is not official r~~_?~~~~-see docum~~t-~~ifq~~~ti~-n or conflict. I Previous on List Next on List Return To list fb 2ft 1 J ] J 1 ] J I J No Events No Name History Entity Name Search http://ccfcorp.dos.state.ll.us/scripts/cordet.exe?action=DETFIL&in~ doc _ numbcr=P02000... 2/18/2009 MEMORANDUM 16All RECEIVED FEB - 9 2009 I"Ul"ICI1AllINlJ 01!1""r. TO: Ray Carter Risk Management Department FROM: Lyn M. Wood, C.P.M., Contract Specialist .p A. . Purchasing Department ryr DATE: February 3, 2009 RE: Review Insurance for Contract: 08-5103 "Demolition of Commercial and Residential Structures" Contractor: Honc Marine Services d/b/a HONC Destruction This Contract was approved by the BCC on December 2, 2008, Agenda Item 16.A.11 Please review the Insurance Certificates for the above referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also, will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 2667. C: Dave Scribner, Code Enforcement Margaret Kreynus, TECM/ROWA DATE RECEIVED FEB 0 4 2009 RISK MANAGEMENT (. ~ \ i":',\ I \ fLp1.. (V '1\ \1\~l.. (. ,I i I r. I ,,\-1 ., J t-l,\ dod/LMW 16Al1 A G R E E MEN T 08-5103 for Demolition of Commercial and Residential Structures THIS AGREEMENT is made and entered into this 2nd day of December, 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 Honc Marine Services, Inc. DBA HONC Destruction, authorized to do business in the State of Florida, whose business address is 1130 Pondella Road, #2, Cape Coral, Florida 33909 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2, 2008, and terminating December 1, 2009, 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 three (3) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for demolition of commercial and residential structures on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by the Contractor. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For all projects, competitive quotes shall be solicited from all selected firms. Contractor shall provide unit pricing, based on the unique nature of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement. A Purchase Order and Notice to Proceed shall be issued to authorize the Work. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request for Quotation. Page -1- 16Al1 Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Honc Marine Services, Inc. DBA HONC Destruction 1130 Pondella Road, #2 Cape Coral, Florida 33909 Attention: David Mulicka, President Telephone: 239-772-2378 Facsimile: 239-772-4414 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: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this 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. Page -2- 16Al1 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any persorr-to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Liabilitv: 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. Page -3- 16All - 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218, Florida Statutes, also known as the Local Government Prompt Payment Act. 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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. 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 Page -4- 16All 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. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16.CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17.COMPLlANCE 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. 18.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. 19.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. 20. 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 Page -5- 16 A 11 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. 21.STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. 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. 23. 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. 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. 24. 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 Page -6- 16Al1 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 Change Order 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. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 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. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions Page -7- 16Al1 .. - thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 28. 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, Bid No. 08-5103, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders and Exhibits. 29. 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. 30.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. 31. SALES TAX. 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. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible Page -8- 16Al1 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. 33. 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. 34.0FFER 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. 35.AGREEMENT TERMS: otherwise unenforceable, remain in effect. If any portion of this Agreement is held to be void, invalid, or in whole or in part, the remaining portion of this Agreement shall 36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page -9- 16Al1 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST. . . ,,', . f'1 < ^ . " '.. . .," .~(; Dwight E, 8;r6ck, Clerk of: "",. ,..*:" I By: .. :, .;."" .t!. ; ,a Dated: Ikh : 0(;. '( . 'I " . ".,~'i:' milt II " 1.... , .,~~ ~ First Witness ~&-/l~~ Type/Print Witness Name ~~~ Second Witness CAd2_L W. KI5UT67EH Type/Print Witness Name Approved as to form and le;S:7;nj? i~l ~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By;.:_~ i' Tom Hennin ,C a rman DBA HONC Destruction By: David Mulicka Typed Signature President Title Page -10- EXHIBIT A 16Al1 BID #08-5103 Demolition of Commercial/Residential Structures NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Sinale Slorv Frame Structure, 1500SF or Less 1500 SF $2.24 $3,360.00 2 Single Slorv Frame Structure, 1501SF or More 1501 SF $2.10 $3,152.10 3 Multiple Slorv Frame Struclure, 2500SF or Less 2500 SF $2.15 $5.375.00 4 Multiple Storv Block Structure, 2501SF or More 2501 SF $2.54 $6,352.54 5 Single Story Block Structure, 1500SF or Less 1500 SF $2.29 $3.435.00 6 Sinale Storv Block Structure, 1501SF or More 1501 SF $2.14 $3.212.14 7 Multiple Story Block Structure, 2500SF or Less 2500 SF $2.35 $5.875.00 8 Multiple Storv Frame Structure. 2501SF or More 2501 SF $2.22 $5,552.22 9 Mobile Home 760 SF $2.50 $1.900.00 Charge in the Event Structure has Friable Asbestos- to include ensite Asbestos Supervisor and all written 10 reports 1500 SF $2.50 $3.750.00 Charge in the Event Structure has Non-Friable Asbestos 11 to include onsile Asbestos Suoervisor 1500 SF $1.00 $1,500.00 12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY $17.00 $850.00 Removal of Hazardous Materials (e9: paint cans, 13 chemicals) 20 CY $17.00 $340.00 14 Removal of Tires 50 EA $5.00 $250.00 Removal of Septic Tank (Other Than Initial Tank Which 15 is Included in the Cost of Demolition) 1 EA $250.00 $250.00 Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to 16 level lot 500 SF $3.90 $1,950.00 Removal of Fencing, All Types (Does Not Include Any 17 Security Fences) 1 LF $1.00 $1.00 18 Concrete Block Structural Cuts and Restoration 1 LF $3.00 $3.00 19 Slab Cuts Less Than 6" in Deoth 1 EA $400.00 $400.00 20 Slab Cuts Greater Than 6" in Depth 1 EA $1,000.00 $1,000.00 21 Electrician 1 HR $60.00 $60.00 22 Fumigation 1 EA $200.00 $200.00 23 Rodent Control 1 EA $200.00 $200.00 24 Bee Hive Removal 1 EA $300.00 $300.00 25 Chain link Security Fence Provided and Installed 1 LF $400.00 $400.00 26 Removal of Driveway !\Pron 1 LF $10.00 $10.00 27 Removal of Mail Box 1 EA $5.00 $5.00 28 Well Capped (bv licensed contractor) 1 EA $300.00 $300.00 29 CaD Sewer Line 1 EA $100.00 $100.00 TOTAL BASE BID $50,083.00 Awarded Contractor, on any project, must bequallfled and directly responsible for seventy percent (70%) or more ofthe Bidamountfor said wor!<. Pennittlng costs are the responsibility of the Contractor (with the exception of D.E.P.) Page -11- IbAl1 EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 08-5103 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum oT: $ ($ Original Agreement Amount $ Sum oT Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly. the Contract Time is now L--..J calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as jf the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement oT any and all claims of the Contractor arising out oT or related To the change set Torth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Page -12- 16All EXHIBIT C CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 Page -13- 16All CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 OWNER By: Type Name and Title Page -14- 16All From:ALAN WI LLIAMS ASSOC 02112/2009 11 :34 #665 P.D01/001 ACQRD, CERTIFICATE OF LIABILITY INSURANCE o;~i'~~/~';;-;";' .ROouce. (~39)418-1l00 FAX '~39) 41S-1164 THIS CERTlflCA no IllISliUSD AS A MATTER OF INFORMA nON Alan Williams 81 A$:soc:iates Insut'~'nce Agency lnc ONLYANOCONFERSNORIGtff$OPONTHEOERTIF1CATE . HOLDER. THI$ CeRTII'ICAn: oOCS NOT AMENO, exTeND OR 13700-1 Ben C. P,aTtj ALTER "'l-\E co ERAGE AFFORDED BVTl-\e POLICIeS BELOW. Six Mi.lc Cypress j:Jk'W)1 ~ F"Myers. f'L 33912 IN$URl"RSAFI'OROINGCOVERAGE NAI~~ INSU~ED one ar1ne Cont:rac't nEt. nC,lhliOnc. art l1e INSURER A: Ohip Casualty Insut"an,e '2:7074 "J-Y Sel"'vices Inc dba Hone D-e$tl"u<:tion .lNSI,IREIHI. Montgo.dXf:'ry ;rnsurq.nce "jha:S7 ,..~' ~I 1130-a pondella Road .., IN'U"'., SEABRXGllT INS. COMPANY ;;~},. Capa CQra 1 F1 33909 . 0' 7'12-4414 Karen IN&LIRl;:Il.e' CnV"RA.Gj:::~ 'tHE pOLICies OF INSURANCE LISTED BELOW HAVE aeeil.llSSUED "1'0 lHe INSUREO NAM:~P AGove rOR THE POliCY peRIOD INDlCA.TfO, NOTWIJ IISTANOING AtN REQUlRaiENT. TERM OR CONCITICN OF ANV CONTRACTQR OTI-{EA DOCUMeNT WITH RESPECT TO WHICH THIS CSR'rrFlCATE MAY BE IS$IJI:\) OR MAY PSR'rAIN. TIlE INSURANCa AFFOROSO ElY THE PQLICUilS OE'SC'HJ$cO HEREIN IS SUBJECT TO AU.. THE TERMS, EXCl.USlONS AND CONOmON~i OF SUCH POIJCIOS.AOORE(lA'rEJ.J1wrSS"OWNMAYHAv.aE.NREQUCWSYPAIDCUlIMS. ~ _.m_.._ D' TYpe Or'INlSLlKANI::J!,\ POIJCV NOUtlflR poUe., ~f'~ v~ POJ., fll~ N !..j.T\\Il'/;i .;.............lJTY . BKOSZ271866 .07/01/~008 01101/2009 !;ACH O,"CURRf:NCe , 1,QQ~:~ r!. 5~fORClAI- ~~liiRA~ LIAalLITY DAMAGe TO RI!NTED , ~!1.0,00 h7 CI.Al),tS MAD15 00 OCOUR MEOe.xp~W'IIgorliQnl , lQ.,~ A X CONTRACTUAL UAB P5FlSONAl & A/)IJ lNJu,,"" . 1 ,9.9.9J..~0 Gl:!N~AI.. AGlJREqATI; , 2,999,!!ill nN'l AGGREGATE lIMIT ;JIJlLJI;S peR: PROOUC1'$. CaMP/OF AGG , 2,OOO,~ POLlCY rxl ~~8i . n LOC ~'tOMQElU.'" LIABIUTV BADS2271866 07/01/Z00S 07/01/2009 m_~ fe~~:r~I):SIl"QLe l.IMIT . ~ ANVA,I,.rrO 1,".Q.Q~hQQf) - ALL O\IVNED AUTOS 50bll,. 'I' UII~\.,IRY SCHEDULED AUTOS '~rporlOO . B X- i ~". "- 1-I1Ret;lAu'tOS I4Ol;IJI.V' INJURY Y NON.OWtil!o ALlrea {rl:luccicliltdj . -"- "- - PROPERTY Di\MA.Gt:: , (P..rI;lQci<;lQnl) R'7"""""TY AUTO ONLY, EAACCIC!SJ4'r , ..- -'NY,l',UTO OTHeR THAN I;AACC . - AUTO ONl.Y: ,0. , -.-- r;xCUSlUlli\!lc~1.-I.A lJAmUTY IiiACI1 acclJRNf"lCS . _..-- = ~rOCCUR 0 Cl.,AiU!; lIA,',Dl:i US05Z~71866 02/13/200!! 01/01/~o09 AG t3.REGA Te , L ,90?_~ A . -". 1,99.G,9QO t;j ~EDUCTIBlE . ".- X RI<TalTJON 10.001 ." . . ... 'v\IORKeRS (;CIt,l);lI>NaATIDN.AXO 881071387 11/12/2908 11/1212009 X we 8TA~<t I 10J:' - "-"= EMPLOVl!.Ri' U~~IUTY t;,L, ~H ACCrtlfi:NT . 1,.QQ!l.'.f!Q!l C /IN'f PROPRIETORlPAArNt!RleXSOUTlYli! 1 IiCLUOeS US LONGSHORE 1lI OFflCeRlMeMEIeR EXOWDEO? to.l". IJI$JiAS.I!. . eA l;t.jPLo.,.e . IJ.itQ9_.t~ ~~~~ljffi~\II~J'c:NBh~1bw HARBORS WORKERS f,.1,.. plaeAS5 -POLICY t..JMII , ).000,000 'lJV.'No MARINE 5KOS~~71866 07/01/2008 07/01/2009 A PER SCHEDULE '. ~~esl:;:'i'i1'1ON C'OPeAATJON:SlI-QCA1'ION$J~~ t~t:WBlOJr.lfl ADDI.b l!lY I!WIlO~~NT J~I;~ PROVISIONS FOLl ER COUNTY COI4MUNm D ELOP ENT AND ENVIllOMENl'AL 5 R CES CENTER ~ND CERTIFICATED HOLDERS ARE NAIlED AS AllOl:TONAl INSURED. ~AVID M\JLICKA CGC HOS402 " Collier County Community DevelopmenT and fnvirome~al Service C~nter ~800 North Horseshoe Dr Naples, FL 34104 .\iHQllLD AIIIY QI" THe ABOve Of.aCRlaJ;;O PCUClEa!:le CANceU..fD ai:FOluo 't11~ tlXl'tll'CA'l1ON. OA'rtl nu!REOF. T~ ~nlJN(i ,~~ WK.L "'N~VqR TO MAll. -.l!L.. OAr.! wJltTt~ NCl1ce TD THe CERrJF~TIO HOL.OER ~E.O 0;0 I' HI!: l,..EfT. ~T ,A1LLJRf. TO NIAll- 5UCtllllQ'l'ICi;stf,A.l....II.llp()$l!i NO O~'T10N OR ll1\61LlTV Of' Njv)aN;! UPON THE rlllSllRER.ITB AGENTS OR ~"tTATI\l'E$, AVt~~EPREIia.TA'rlVe ~~,.Gi .:o~::--' Jeff Williams CL7 C--/4p--;;':::::: ..'~ lJAACORO CORP"RA TIO'" 19811 ACORD 26 (20t11108) FAX: (219)2S2-Z469 10 /TO 39\1d 1>11>1>0LL5Eo 1>1>:01 5000101/00 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 tht: Board Office. 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.) 16Al1 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 excention oflhe Chairman's sij2:nature, draw a line through routinQ lines #1 throuQh #4, conmlete the checklist, and forward to Sue Filson line #51. Route to Addressee(s) Office Iuitials Date (List in routiM order) 1. 2. 3. 4. Scott Teach, Deputy County Attorney County Attorney SRT 2-10-09 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one orthe addressees above, including Sue Filson, need to contact staff tor additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the item.) Name of Primary Staff Lyn W. Wood, Contract Specialist Phone Number 252-2667 Contact Agenda Date Item was December 2, 2008 Agenda Item Number l6.A.ll Aooroved bv the BCC Type of Document Contract 08-5103 Cross Environmental Number of Original Two Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. 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 ossibl State Officials.) 2. All handwritten sttike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the SRT document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip shonld 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 12-2-08 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Offiee has reviewed the chan es, if a licable. N/A(Not A licable) SRT SRT I: Forms! County Formsl Bec Forms/ Original Documents Routing Slip WWS OriginaI9.0J.04, Revised 1.26.05, Revised 2.24.05 09-PRC-OJ097/2 16Al1 MEMORANDUM DATE: February 23, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract: #08-5103 Contractor: Cross Environmental Services, Inc. Enclosed, please find an original, referenced above (Agenda Item #16All) approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures 16Al1 A G R E E MEN T 08-5103 for Demolition of Commercial and Residential Structures THIS AGREEMENT is made and entered into this 2nd day of December, 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 Cross Environmental Services, Inc., authorized to do business in the State of Florida, whose business address is P.O. Box 1299, Crystal Springs, Florida 33524 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2, 2008, and terminating December 1, 2009, 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 three (3) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for demolition of commercial and residential structures on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by the Contractor. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement govems the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For all projects, competitive quotes shall be solicited from all selected firms. Contractor shall provide unit pricing based on the unique nature of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement., A Purchase Order and Notice to Proceed shall be issued to authorize the Work. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request for Quotation. Page -1- 164\11 Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Cross Environmental Services, Inc. P.O. Box 1299 Crystal Springs, Florida 33524 Attention: Clyde A Biston, President Telephone: 813-783-1688 Facsimile: 813-788-9114 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: 239-252-8371 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. Page -2- 16All 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: , -\:"" ,"IcY 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. -.J ',iJ B. Business Auto Liabilitv: 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 ,0pel,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Addition~lnsured 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. Page -3- 16Al1 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218, Florida Statutes, also known as the Local Government Prompt Payment Act. 14. 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. 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 Page -4- 16All 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. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17.COMPLlANCE 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. 18. 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. 19. 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. 20. 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 Page -5- 16Al1 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. 21.STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR. EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. 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. 23. 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. 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. 24. 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 Page -6- 16Al1 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 Change Order 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. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 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. 26.L1QUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions Page -7- 16A11 thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27.CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 28. 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, Bid No. 08-5103, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders and Exhibits. 29.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. 30.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. 31. SALES TAX. 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. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible Page -8- loAl! 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. 33. 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. 34.0FFER 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. 35.AGREEMENT TERMS: otherwise unenforceable, remain in effect. If any portion of this Agreement is held to be void, invalid, or in whole or in part, the remaining portion of this Agreement shall 36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page -9- 16Al1 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. J',t. ~:Tg~tl~~/;~~~e~kofCourts . '.'" . ~.', ~;"" By;: - ,_. ... e....- <" - '_.> - . Dat:t~~~~;~'~Ml tigHtllH '01 I · ~w~~~ \<.'<""" tJ ~ ,< t\\iL Type/Prin(Witness Name ~\.A:;I. :1Vt~"--/ Second Witness &,f)}k.. L. hi~tt~ Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: n Cross Environmental Services, Inc. 7 tontractor . By: (lbzei{ t1.1JfrJ(~ I Signature Clyde A. Biston Typed Signature President Title Page -10- EXHIBIT A 16Al1 BID #08-5103 Demolition of Commercial/Residential Structures NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Single Story Frame Structure, 1500SF or Less 1500 SF 3.00 $0.00 2 Single Story Frame Structure, 1501SF or More 1501 SF 2.85 $0.00 3 Multiple Story Frame Structure, 2500SF or Less 2500 SF 2.25 $0.00 4 Multiple Story Block Structure, 2501 SF or More 2501 SF 2.00 $0.00 5 Single Story Block Structure, 1500SF or Less 1500 SF 3.00 $0.00 6 Single Slory Block Structure, 1501 SF or More 1501 SF 2.85 $0.00 7 Multiple Story Block Structure, 2500SF or Less 2500 SF 2.00 $0.00 8 Multiple Story Frame Structure, 2501 SF or More 2501 SF 2.00 $0.00 9 Mobile Home 760 SF 3.SO $0.00 Charge in the Event Structure has Friable Asbestos- to include onsite Asbestos Supervisor and all written 2.00 10 reports 1500 SF $0.00 Charge in the Event Structure has Non-Friable Asbestos 0.25 11 to include onsile Asbestos Supervisor 1500 SF $0.00 12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY 10.00 $0.00 Removal of Hazardous Materials (eg: paint cans, 20.00 13 chemicals) 20 CY $0.00 14 Removal of Tires 50 EA 5.00 $0.00 Removal of Septic Tank (Other Than Initial Tank Which 15 is Included in the Cost of Demolition) 1 EA 100.00 $0.00 Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to 16 level lot 500 SF 1.00 $0.00 Removal of Fencing, All Types (Does Not Include Any 1.00 17 Security Fences) 1 LF $0.00 18 Concrete Block Structural Cuts and Restoration 1 LF 25.00 $0.00 19 Slab Cuts Less Than 6" in Depth 1 EA 100.00 $0.00 20 Slab Cuts Greater Than 6" in Depth 1 EA 2OJ.00 $0.00 21 Electrician 1 HR SO.OO $0.00 22 Fumigation 1 EA 200.00 $0.00 23 Rodent Control 1 EA 2OJ.00 $0.00 24 Bee Hive Removal 1 EA 100.00 $0.00 25 Chain Link Security Fence Provided and Installed 1 LF 25.00 $0.00 26 Removal of Driveway Apron 1 LF 40.00 $0.00 27 Removal of Mail Box 1 EA 1.00 $0.00 28 Weil Capped (by licensed contractor) 1 EA ffiJ.OO $0.00 29 Cap Sewer Line 1 EA 200.00 $0.00 ur 2,103.70 . .. lOfD.E.;.'.' $0.00 Page -11- 16All EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 08-5103 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,200 . You hereby are authorized and directed to make the foilowing change(s) In accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shail be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ~ calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Page-12- 16Al1 EXHIBIT C CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Executed by Design Professional on ,200~ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 Page -13- CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 200 16All OWNER By: Type Name and Title Page -14- ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 213/2009 PRODUCER Wells Fargo Insurance Services of SE, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 31666 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33631-3666 ph: 727-796-6666 fx: 727-799-5117 INSURERS AFFORDING COVERAGE NAIC# INSURED Cross Environmental Services, Inc. INSURER A: Nautilus Insurance Company 17370 INSURER B: Great Divide Insurance Company 25224 P. O. Box 1299 INSURER c: Zurich American Insurance Co 16535 INSURER D: Crystal Springs, FL 33524 INSURER E: 16Al1 CR075435 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. LTO NSO TYPE OF INSURANCE POllCY NUMBER p~.N~1J~~~8~E P%~fl,i,~J~~N LIMITS A ~NERAL LIABILITY ECP0150718010 11/01108 11101/09 EACH OCCURRENCE I 1,000,000 !.pMMERCIAL GENERAL LIABILITY OAMAGE TO RENTED $ 100,000 -:-:- CLAIMS MADE [8] OCCUR MED EXP (Anyone person) I 5,000 ~ Max. Agg. Per Policy PERSONAL & ADV INJURY I 1,000,000 X limit $10.000,000 GENERAL AGGREGATE I 2,000,000 -'-'- 2,000,000 ~'L AGG:E~E LIMIT APASIPER: PRODUCTS - COMP/OP AGG I POLICY X P~T LOC B ~TOMOBILE LIABILITY BAP150718110 11101/08 11/01/09 COMBINED SINGLE LIMIT I 1,000,000 X ANY AUTO (Eaaccidenl) - - ALL OWNED AUTOS BOOIL Y INJURY (Par parson) I - SCHEDULED AUTOS i-"- HIRED AUTOS BODILY INJURY (Pereccidenl) $ i-"- NON-OWNED AUTOS i-"- Basic PIP - $10,000 PROPERTY DAMAGE (Per accident) I RRAGE LIABILITY AUTO ONLY - EA ACCIDENT I ANY AUTO OTHER THAN EA ACC I AUTO ONLY; AGG I A 8ESS/UMBRELLA LlABIL.ITY FFX150718110 11/01/08 11/01/09 EACH OCCURRENCE I 1.000.000 X OCCUR 0 CLAIMS MADE AGGREGATE I 1,000,000 I 8 DEDUCTIBLE I X RETENTION I 10,000 I C WORKERS COMPENSATION AND WC359280209 03/01/08 03/01/09 x I T~~ STATU~ I 10J~- EMPL.OYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT I 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 ~~E11~tS~~b~V1~1o~s below E.l. DISEASE - POLICY LIMIT I 1,000,000 OTHER A Pollution Liability ECP0150718010 11/01/08 11/01/09 Each Claim/Agg - See GL limits $5,000 Oed. Each Claim MoldLimil $1,ooO,ooOf$2,OOO,ooo wf$25,OOODed. DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICL.ES I EXCLUSiONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS / FL STATUTE MANDATES 10 DAYS CANCELLATION NOTICE FOR NONPAYMENT OF PREMIUM. COLLIER COUNTY IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND DESIGINATED INSURED PER AUTO FORM ENV2222 0408. WAIVER OF SUBROGATION FOR W/C AND GENERAL LIABILITY ONLY. CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE iSSUING INSURER WIL.L. ENDEAVOR TO MAIL ~ DAYS WRITTEN COLLIER COUNTY GOVERNMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PURCHASING DEPT IMPOSE NO OBLIGATION OR L.IABIlITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3301 EASTTAMIAMI TRAIL REPRESENTATIVES. NAPLESFL34112 AUTHORIZED REPRESENTATIVE ~ ACORD 25 (2001108) 1 of 2 377907 This certificate replaces certificate# 283061 issued on 11/11/2008 @ ACORD CORPORATION 1988 16All IMPORTANT If the certificate hoider is an ADDITIONAL iNSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION is WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does. it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 2 #S915260/M915043 16AIl ENQORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section 11- Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obiigated to inciude as an additional insured under this policy,.as a resuit of any contract or agreemimt you enter into, .excluding contracts or agreements for professionai services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but bniy with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. l:>2006 by Berkley SpecIalty Underwrillng Managers LLC, an affiliate of Nal./tllus Insurance Company and Great DivIde Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., wIth Its permIssion. ENV 2223 04 08 Page 1 of 1 16All . ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. .,,~, "" . .... "OC.""'C~i' '"i;6if)(;)ltIGNA1.INSuRED ~,B[;cA!N"'(;EiT,.-"C0VEAAGE ~'r&~B~"';, .' l<t-~!~~':;~i;~;t!~~~cit~}:~~_~~~J~~:;~fI~:;:*'~;i:'~'J:'i1~'~~)H;),,~;8 '{!,.':):~;:~~:",~i'J.:~;:;t~i;b~~~~:t;I~i-,t~:~ ;:-,;!:,~,;~:>~~;:h~:~'~~'.;>,f;~~~::h~~':~',:~S;~j~~l~,'-;;~;::~,~!::~ ;_:~:; -_h,\~'- ,~;~;,;- - ,:::~:~}:{ ~;~:';:' " This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY Section III-Who is an Insured is amended to include as an insured, with respect to Coverage A and B, any person(s) or organization(s) when you and such person(s) or organizatioh(s) have agreed In a written contract or written agreement that such person(s) or organlzation(s) be added as an additional Insured on your policy. Such written contract or written agreement must be in effect prior to the occurrence giving rise to the claim or suit for which the person(s) or organization(s) seeks coverage. Such additional insured status applies only: 1. With respect.to your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or 2. With respect to your work performed for such person(s) or organizations(s) and included ili the products- completed operations hazard, only when required by the written contract or written agreement. With respect to damages caused by your work, as described above, the coverage provided hereunder shail be primary and not contributing with ariy other insurance available to those person(s) or organizatJon(s) with which you have so agreed in a written contract or written agreement. .- ~ 2006 by Berkley SpecIalty Underwriting Managers LLC, an ,affiliate of Nautllus Insurance Company and Great DivIde Insurance Company. All rights reserved. i ~ 1985-2006 by Insurance Services Office, Inc., materlal used by permission. ECP10041006 P f age 10 1 16All 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 documt..'1lts should be hand delivered to the Board Office. The completed routing slip and Oi"iginal documents are to be forwarded to the Board Office only after the Board has taken action on Hie 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 shmature, draw a line through routing lines #1 through #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Scott Teach, Deputy County Attorney County Attorney SRT 2-10-09 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 bc delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Lyn W. Wood, Contract Specialist Phone Number 252-2667 Contact Agenda Date Item was December 2, 2008 Agenda Item Number l6.A.ll Annroved bv the BCC Type of Document Contract 08-5103 Gruelle Construction Number of Original Two Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-tlrrough and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCe approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating wliere the Chairman's si nature and initials are Ie uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines~ The doeumeut was approved by the BCC on 12-2-08 and all changes made during the meeting have been incorporated in the attached document, The Connty Attorney's Office has reviewed the chan es, if a licable. Yes (Initial) SRT 2. 3. 4. 5. 6. SRT SRT SRT SRT SRT I: Forms! County FormsJ Bee Forms! Original Documcnls Routing Slip WWS Original 903.04, Revised 1.26.05, Revised 2.24.05 09-PRC-01098/2 16Al1 MEMORANDUM DATE: February 23, 2009 TO: Lyn Wood, Contract Specialist Purchasing Department FROM: Martha Vergara, Deputy Clerk Minutes and Records Department RE: Contract: #08-5103 Contractor: Gruelle Construction, Inc. Enclosed, please find an original, referenced above (Agenda Item #16All) approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original Agreement is being held in the Minutes and Records Department in the Official Records of the Board's If you should have any questions, you may contact me at 252-7240. Thank you, Enclosures 16All A G R E E MEN T 08-5103 - for Demolition of Commercial and Residential Structures THIS AGREEMENT is made and entered into this 2nd day of December, 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 Gruelle Construction, Inc., authorized to do business in the State of Florida, whose business address is 17600 Devore Land, For Myers, Florida 33913 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on December 2, 2008, and terminating December 1, 2009, 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 three (3) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for demolition of commercial and residential structures on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #08-5103 and the Contractor's proposal, which is incorporated herein by reference and made an integral part of this Agreement. Seventy percent (70%) of the Work shall be self-performed by the Contractor. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraph and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afford the Contractors the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For all projects, competitive quotes shall be solicited from all selected firms. Contractor shall provide unit pricing, based on the unique nature of each demolition. Pricing shall be based on the unit pricing provided in its proposal, attached hereto as Exhibit A, incorporated herein by reference and made an integral of this Agreement. A Purchase Order and Notice to Proceed shall be issued to authorize the Work. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. 3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted unit pricing offered by the Contractor in his response to a specific Request for Quotation. Page -1- 16All Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Gruelle Construction, Inc. 17600 Devore Lane Fort Myers, Florida 33913 Attention: Virginia C. Gruelle, Vice President Telephone: 239-454-3080 Facsimile: 239-454-2999 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: 239-252-8371 Fax: 239-252-6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this 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. Page -2- 16All 7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. 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 convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: 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 Liabilitv: 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. Page -3- 16Al1 - 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. PAYMENTS. The Contractor will be paid upon completion in accordance with Chapter 218, Florida Statutes, also known as the Local Government Prompt Payment Act. 14. 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. 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 Page -4- 16Al1 - 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. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 16. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit B to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 17. 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. 18. 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. 19. 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. 20. 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 Page -5- 16Al1 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. 21. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 22. 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. 23. 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. 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. 24. 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 Page -6- 16All 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 Change Order 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. 25. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit C, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 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. 26. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions Page -7- 16All thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Code Enforcement Department. 28. 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, Bid No. 08-5103, any addenda, any Quotation made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders and Exhibits. 29. 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. 30. 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. 31. SALES TAX. 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. No markup shall be applied to sales tax. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible Page -8- 16All 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. 33. 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. 34. 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. 35. AGREEMENT TERMS: otherwise unenforceable, remain in effect. If any portion of this Agreement is held to be void, invalid, or in whole or in part, the remaining portion of this Agreement shall 36. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the contract. Selected firm shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page -9- 16Al1 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:.. C)~I Dwight E. .Brock,ClertQ! Courts , . .~ '..~ocH By: Dated: ' Atttst'1l~._i 11l1Hbn 0I1~. Approved as to form and '~'}LI? 1., L Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning, Gruelle Construction, Inc. Contractor /1// LLd/{ By: Viroinia C. Gruelle Typed Signature Vice President Title Page -10- EXHIBIT A 16Al1 BID #08-5103 Demolition of Commercial/Residential Structures - NO. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 SinQle Story Frame Structure, 1500SF or Less 1500 SF $2.73 $4,095.00 2 Sinale Storv Frame Structure, 1501 SF or More 1501 SF $2.49 $3,737.49 3 Multiple StorY Frame Structure, 2500SF or Less 2500 SF $2.73 $6,825.00 4 Multiple StOry Block Structure, 2501 SF or More 2501 SF $2.49 $6,227.49 5 Sinale Story Block Structure, 1500SF or Less 1500 SF $2.73 $4,095.00 6 Sino Ie Story Block Structure, 1501SF or More 1501 SF $2.73 $4,097.73 7 Multiple Storv Block Structure, 2500SF or Less 2500 SF $2.49 $6,225.00 8 Multiple Storv Frame Structure, 2501 SF or More 2501 SF $2.73 $6,827.73 9 Mobile Home 760 SF $3.48 $2,644.80 Charge in the Event Structure has Friable Asbestos- to include onsite Asbestos Supervisor and all written 10 reports 1500 SF $1.97 $2,955.00 Charge in the Event Structure has Non-Friable Asbestos 11 to include onsite Asbestos Supervisor 1500 SF $0.74 $1,110.00 12 Removal of Debris/Materials/Litter (Other Than Tires) 50 CY $18.49 $924.50 Removal of Hazardous Materials (eg: paint cans, 13 chemicals) 20 CY $19.48 $389.60 14 Removal of Tires 50 EA $7.19 $359.50 Removal of Septic Tank (Other Than Initial Tank Which 15 is Included in the Cost of Demolition) 1 EA $575.00 $575.00 Removal of Swimming Pool (In-Ground)/Dirt-Gravel fill to 16 level lot 500 SF $2.46 $1,230.00 Removal of Fencing, All Types (Does Not Include Any 17 Security Fences) 1 LF $1.49 $1.49 18 Concrete Block Structural Cuts and Restoration 1 LF $2.98 $2.98 19 Slab Cuts Less Than 6" in Depth 1 EA $2.48 $2.48 20 Slab Cuts Greater Than 6" in Depth 1 EA $4.89 $4.89 21 Electrician 1 HR $48.79 $48.79 22 Fumjqation 1 EA $998.00 $998.00 23 Rodent Control 1 EA $22.50 $22.50 24 Bee Hive Removal 1 EA $149.00 $149.00 25 Chain Link Securitv Fence Provided and Installed 1 LF $3.75 $3.75 26 Removal of Drivewav Apron 1 LF $2.35 $2.35 27 Removal of Mail Box 1 EA $0.14 $0.14 28 Well Canned Ibv licensed contractor) 1 EA 600 $600.00 29 CaD Sewer Une 1 EA 24.95 $24.95 TOTAL BASE BID $54,180.16 """"":"'.. ~'i:"j'0C:?~':~~~~'~'~" .'.........: ..'.... :;-",;rm~ JD9-_",~.,tf1~,rl;!~p(),_,._",1 ,.\,~ I UIU.~J() Page -11- 16All EXHIBIT B CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 08-5103 TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20 . You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Ag reemen!: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now '-> calendar days. The substantial completion date is and the final completion date is . Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ CONTRACTOR: By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Page-12- 16Al1 EXHIBIT C CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 200 Page -13- CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 20 161\11 OWNER By: Type Name and Title Page -14- FROM :ATKINSON & ASSOC. INSURANCE FAX NO. :2396893826 Jan. 30 2009 10:IJ) ~ 11 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 CD I OATE (MM/DOlVYYY) GRUEL-1 01/30/09 PRODUCER THI8 CERTIFICATE 15155UED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE Atkin.on ~ A..oc. InBurance HOLDER. THI& CERTIFICATE DOES NOT AMEND. EXTEND OR 15J7 B~ant1&f Rd, B1di C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fo~t MYerB FL 33907 Phone I 339-437-5555 Fex,239-6B9-JB26 INSURERS AFFORDING COVERAGE NAIC' INSURED . INSURER A: UMI'I'JID lIA'I'!OIfAL nlljll~ co. _. .-. INSURERlt: FCCI INSUlWICE COMPANY 10178 ~RUZLLB CONSTRUCTION. INC. INSlJAER c: MAX1lX I!'DIEMNI'l'Y COMP~ 26743._ 17600 Devore Lane INSURER 0: Fort Hyers FL 33913 INSURERF..: COVERAGES THE I'Ol.clES OF INSURANC& LISTriO Bl::LOW H;.Vk QIS...N l..'UlU&O TO THE IN&U~j) NA~F.:O ABOVE FOR THE POliCY PERIOD lNOICATlm. NO'IWITHSTANDING Af<tf REQUIREMENT. TERM OR CQNDITION Of f\NY CONTRACT 0/\ OTHliR IJOCUWiNT WITH RE$PECl TO WHICH THIS (,.ERT!FI~lE MAV ge ISSUED OR MAY PERTAIN, THE INSURANCE AFfOftDED !IV THE POLICIES DESCRI8ED HEREIN IS SUB.JECT TO 4Lt. THF, TERMS, EX.CLUBIDN5 AND CONDrrlONS OF SUCH POLICIES. AOOREGATE liMITS SHOWN W,V HAVE BEEN REDuceD BY !'AlD CLAI~_ . ~ ;;'---"~~~FIN8URA~E POLICY NU,.fR ~ TlbN UMIT' DATE MMIDD ~Nf"AL LfA8IUlV EACH OCCURRENCE .1, ODD, ODD L7216215 03/03/08 03/03/09 uM4A6e TO RENTED" A X .~ OOMUERC'^L Gl:::Nl!R.\l LLQILlTY PREMlSE:S lGll ~ur\ll'ltl') '50,000.._ n CI."'I~ MAOE ~ OCCUR MEO EXP (Attygr'lll par':'lnn) :J Bxcluded .. PERSONAL l ADV 11\I.Jl)H,Y '1.000,000 .. ,,-- I-- GEN"RAl AGGRr:;OATf::: ..'..~.' 900.. 000 nLAGG;~E;::;: ^?is PE~ PROOUCTS - OOMP/OP AGG .1,000,000 POI.lCY X JEt.,. lOC IWTOMOIII.E UABlLlTY COMBINErJ SINOlE LIMIT B ANy AUTO CAOOOIU77 06/22/08 06/22/09 (EIl8CCldenl) .1,000,000 ... All OWNED ^uros lilorlll.Y INJURY . c!. SCHEDULED AUTOS (l-'efPtf80nj -.-. .- .!.. HIRED AUTOS BODILY INJURY (pareccloan!) 1 ~ NON-OWNED "UlOS ..-. .-- f'AOf'~RTY DAMAGE . (rat accldfJnl~ GARAGe UABR..IT'Y AUTO ONLY - EA ACCIDENT . ~ ANY AUTO .. OTHER TH"N EAACC . ....- AurQONLY; ^OG , aCU8IuMIRELLA LIAIJILITl' GAf.H OCCURRENCE .1,000,000 C X I OCCUR I_I Cl^,MS "^"" UNB600467003 OJ/OJ/08 03/03/09 ~~~REGATE '1, ODD, 000 -- Fx-i . .. OEOUCTlaUi . .....-- X RETI!NTION 110,000 . 'MHUCI!RI COfMlE~TION ANu __;I !TOWf lIMrrS I /....EFr EMplLOYf,A8' UABILIT't' II ANY PROPRII!TOIWMfrnl::RJ9:Ii(".lrT!VIi 001WC09A54932 01/18/09 01/18/10 E.L. "^CH ACCIDENT Sl,OOO,OO~ .- OFFlCERlMEMBI!R EXCLUDeD? C:.L.rJlSF.ASF. EAE~.lOVEE 11,000,000_ ~r~11~~!v~&~~NS Delow f.,I" OISE"'SE. POLIC'!' llMrr $ l, 000,000 DlliER B LBASIW/RI!:NTBD CJlOO024623 06/22/08 06/22/09 LUSED/ $155.000 BQUIPIIDI'1' RBllTED EQ DESCRlP'TlON OF OPeRAnON!, lOCATIONS I YeHICU!8' I!)CCl.U8fONI ADDeD IY ENDORseMENT I SPECIAL PROVISIONS 10 STORy MAXIMDK DEMOLITION OF VARIOUS STRUCTURJ:S '!'B1l CERTIFICAT~ HOLDER IS NAMED ADDITIONAL INSURED WITH RESPECT TO THE G8NERA1. LIABILITY COVERAGE. *10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM PRR ll'LORIDA STATUTE. CERTIFICATE HOLDEI( COLL025 CANCELLATION SHOULD ANY OF THE ABO\lf: DESCRlBI!D POllCfll:fJ BE CANQE;LLEO BE-FORi THi iXPIHATIO DATa THEREOF, THE IS9UlNO INSUHER WILl. ENOEA~ TO ~All.. -- 3 0 CAYS WRITT!N NOTICI! TO 1"Hr! CI!RnFICAre HOLDER HAMED TO THe LEFT, BUT FAlI,URE TO 00 so SHALL IMPOSE NO OBLIGATION OR UA9rlITY OF AIilY KIND UPON THE INIUl\eA,lT8 AOENT8 Oft filEPRESEHT miL AUTHDRlZ D EN Collier County Government AttuJ Purcba.iag Dept. 3301 Tamiami Trail East NBplu l"L 34112 6 "'-""~ @ACORDCORPORATION1988 ACORD 25 (2001/08) 16B1 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions ~ THIS COLLIER C~UNTY ADOPT-A-ROAD AGREEMENT entered into thisOl day of \)~.t,. 20 (} ~ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, Florida Department of CorrectionslHendry C.I." (hereinafter the "GROUP"), whose address is, 12551 Wainwright Drive., Immokalee, Florida, 34142. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as, WEBER BOULEVARD NORTH, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1681 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. 11. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with thc County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term ofthis Agreement. 2 16b 1 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modifY or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnifY and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 3 16B1 F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ^', t- ATTEST.' .' . J ".' , l,:,,?..'~J' . t. '-" I DWIG!!'TR BROCR.Clerk ", , ,?'.. ;..,.. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA "" (J~,'Depuiy jei:~" ',' ........ ....,. , atMt ,,6i~_- ,fonatur. on,1 GROUP: Ou,d-- j}~l<J i,...J (',. ;-k,--dJi C C",..;'-L tl.,;.'-\j. \ ("'.,H'. /~, (Lffc.f-J(j,l,) ""):::.k':' tit..;1'>.:." By: Name (print): C 1<' 1-k,'SA Title (print): mA ~JolL Phone # (day): ,;( '>0' S0"7.;2I...J(" Phone # (night): '2j{i:~<)7- 717 J Approv d as to form and leg su i Jeffrey A County Att tzkow ncy 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL,6 B 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print Oil pink paper. Attach to original dOCUIllt:llL Original d\lclImcnLs should be hand ddi\crcd to the Board OfJkc rhe completed rouling slip Jnd original documents arc tn he !i.l['Wankd to th;.: Hoard OIlier.: only after tll(; Buard has taken action on the ill.:ll1) 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 si2nature, draw a line through routing lines #1 throue:h #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primal)' contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafTfor additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Erin M Hall Phone Number 252-8924 Contact Agenda Date Item was 12-02-2008 Agenda Item Number 16B-Ij!..6B-3 / ~ Approved by the BCC and 16B Type of Document Adopt-A-Road Agreement's Number of Original 4 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. 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 ofthe County Attorney. This includes signature pages from ordinances, EJ resolutions, etc. signed by the County Attorney's Office and signature pages from .. I\.J contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licab[e. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. 5. [n most cases (some contracts are an exception), the original document and this routing slip N/A 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 ~..(I enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 16B3 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER Cl;:>UNTY ADOPT-A-ROAD AGREEMENT entered into this1fli of t !?P'IJ~ , 2@ by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, MavCor Distributors, Inc., (hereinafter the "GROUP"), whose address is, 991 North Barfield Drive., Unit 413, Marco Island, Florida, 34145. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as, WEBER BOULEVARD NORTH, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 16B3 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance otllce should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. IS. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1683 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traftic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the tilled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free oflitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. It~ in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its ofticers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting trom the sole negligence of Collier County, and its ofticers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 3 1683 F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. "'P ,I BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTES.1Y" DWIGIH E. BROCK, Clerk . ' .< Deputy c;Ier Attest'.... to,~tl ,lgntturt Oll'~ GROUP: N\...~ Cor D.:;,-\c; 1:>v+<1S .1. NC. ;)} /' 1 1/ I -----q (..' //. le 7:.~__ By: L a/ . / N.ame (# (1'-'y ~ Cl~"2.k~ TItle (pnnt): Pr~~i 0,"" 1- Phone # (day): 2"1:,0, - 7g<{ - 6'16 tf Phone # (night): Z39 - 3CfL.( - 7&, Z ~ 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING iB.B 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink parer. A!lach to original (]oel/menL Original doculllents ~hou]d OC hand ddivcrcd to thr: H(lanJ (lHkL: fhc c(ltllpkkd wilting sl ip and original documenlS arc hI hI.: rorwardcd to the Board Office \l1l1~ ann the Bllard has Lakl:11 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 exceDtion of the ChaimuUl's simature, draw a line through routing lines # I throUllh #4, complete the checklist, and forward to Sue Filson l;ne#5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Erin M Hall Phone Number 252-8924 Contact .-=-.. / " Agenda Date Item was 12-02-2008 Agenda Item Number l6B-1 1\i..6B-3 i) Aooroved by the BCC and 16B-4 Type of Document Adopt-A-Road Agreement's Number of Original 4 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable column, whichever is a ro riate. 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, V resolutions, etc. signed by the County Attorney's Office and signature pages from V contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other arties exce t the BCC Chainnan and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 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 Count Attorne 's Office has reviewed the chan es, if a licable. 1683 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions <'- tll THIS COLLIER C9UNTY ADOPT-A-ROAD AGREEMENT entered into thisd'rday of)), C 1'0 ~U, 200 r, by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, AD EXPRESSIONS, (hereinafter the "GROUP"), whose address is, 5767 Shirley Street, Naples, Florida, 34109. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as, WEBER BOULEY ARD NORTH, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 1683 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will tile a report detailing the number of people involved, nwnber of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption ofrecyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1683 B. THE COUNTY SHALL: I. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free ofIitter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. It~ in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement efTective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its otlicers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 3 16B~; F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. A TTEST:\ ..., DWIGHT E. BROC~, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: :. Dep\ltyCler,k Attest at to,~*-^, stQAlturt 0111' GROUP: AD." ~ x. P "--r S "'> \ Ci> ,... $. ,/') ! By. 4 /-= -:-." . ~-._- --'- Name (print): Title (print): Phone # (day): '2....3. q - 'I L"7 6 "5 <6 ^3 Phone # (night): ~ \ --s -"'Z <\ 'bo ~I- . '"SC-\ "'- \d-. 0 Approved as to form and Ie al s ffi iency: 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING su}6 B 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Prin! (Ill pink pilpCr. i\lIach to original dnclllllcnt. Original documents should hc hand ddivtTcd to the Board Ol'ficc rhe completed wlIting slip ;md original uncUll1cnLs life to be ftlf\\ankd to till: noard Orlle..: nnl) lifter the !itlan..! has tak":ll action olllht: 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 Chainnan's sienature, draw a line throud routinQ: lines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line#5t Route to Addressee(s) Office Initials Date (List in routint> order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Erin M Hall Phone Number 252-8924 Contact Agenda Date Item was 12-02-2008 Agenda Item Number 16 ~-3/ Aooroved bv the BCC 6;d 16B-4 J Type of Document Adopt-A-Road Agreement's Number of Original 4 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCCs actions are nullified. Be aware of our deadlines! The document was approved by the BCC on -..() enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A licable) rJ~ 2. N/A 3. 4. N/A 5. 6. 16B4 COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT Terms and Conditions J ,Jl THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this~ day of \) ~l{ ,200 f by and between Collier County (hereinafter the "COUNTY"), and the volunteer group, ROD's PERFORMANCE MARINE, (hereinafter the "GROUP"), whose address is, 2382 Linwood Way, Naples, Florid, 34112. WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely maintaining a litter-free Collier County; and WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway known as, WEBER BOULEY ARD NORTH, (the "Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: A. THE GROUP SHALL: I. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway. 2. Perform litter removal on the Adopted Roadway in accordance with the Florida Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incorporated herein. 3. Only allow such persons to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participants must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors participating in the litter removal. There shall at all times be at least one person 18 years of age or older who is on site and responsible for supervising all litter removal activities, with no one at the site under the age of 14 for any reason. 4. Conduct at least two safety procedure meetings per year for its participating members. Participants must sign the hold harmless agreement provided by the COUNTY, and attend a 16B4 safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety meetings. 6. Remove litter during daylight hours only, in good weather conditions only. 7. Pick up litter on one side of the road at a time. 8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on medians, or where otherwise hazardous to do so. 9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the pavement. 10. Remove litter a minimum of once montWy, and whenever the appearance of the Adopted Roadway is objectionable. II. Obtain required supplies and material from the COUNTY. 12 Place traffic control signs supplied by the COUNTY during trash pickup. 13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 14. Not wear clothing that will hinder the sight of participants. 15. Coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 16. Place filled trash bags at the site for pickup and disposal by the COUNTY. 17. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of litter collected, composition and estimate of recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for making the reports, and filed with the COUNTY project coordinator. 18. The GROUP is encouraged to separate recyclable materials. All proceeds from redemption of recyclable materials shall become the property of the Group. 19. Unused materials and supplies furnished by the COUNTY shall be returned to the COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission, be retained by the GROUP during the term of this Agreement. 2 1684 B. THE COUNTY SHALL: 1. Provide safety vests, trash bags, pickup sticks, and traffic control signs. 2. Provide GROUP with an outline pertaining to safety regulations. 3. Remove the filled trash bags as soon as possible after the pickup. 4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free 0 fl i tter. C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by either party, with or without cause, on 30 days written notice to the other party. This Agreement creates no rights or interest. It: in the sole judgment of the County Project Coordinator, it is found that the GROUP is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement effective immediately. The COUNTY reserves the right to modify or cancel the program at any time. Upon the termination of this Agreement by either party, the GROUP will immediately return all County-owned materials to the County project coordinator. D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group or by any person performing litter removal as part of the GROUP during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in part without the prior written consent of Collier County. 3 16B4 F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement between the parties, and may not be modified except by a writing signed by both parties. Any and all prior understandings between the parties, either oral or written, with respect to the matters set forth above, have been incorporated and merged into this Agreement, and are otherwise of no further force or effect. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date written above. ATTEST: .' DWLGfri' E. BltOCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: ., B hairman Deplltx Ch~rk Attest It. to ...tria S1Q1l4turt on." , " GROUP: By: Name (print): Title (print): fr~ Phone # (day): ~. - '?1/- /~.J :> Fhone # (night):~.7 "t'/?- /17'(77 Appro ed as t and Ie al f Jethey A. Klatzkow County Attorney , ! 4 l6 B "8 MEMORANDUM Date: December 30, 2008 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #08-5135 "Bridge Repairs - Chokoloskee, Goodland, Green Boulevard and Oil Well Road" Contractor: American Earth Movers, Inc. Attached please find the original contract, as referenced above, (Agenda Item #16B8) approved by the Board of County Commissioners on Tuesday, December 2, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you vr Het elf- iHE COIJN1Y l\ll'lrl~P 16 a.8 ITEM No.:o8 :rru...",d O~ DAT~~Y~D~M 8: 44 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 17,2008 To: Robert Zachary Assistant County Attorney From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: Contract #08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Contractor: American Earth Movers, Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item l6.B.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. .j j IJAA/~ Y\w. ~L.~ d~( . 168 8 MEMORANDUM TO: Jeff Walker/Ray Carter Risk Management Department FROM: Brenda Brilhart, Purchasing Agent Purchasing Department DATE: December 17, 2008 RE: Review of Insurance for Contract No. 08-5135 Bridge Repairs (Chokoloskee, Green Boulevard and Oil Well Road) Contractor American Earth Movers, Inc This Contract was approved by the BCC on December 2, 2008, Agenda Item 16.B.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. ;' /J .... /lttfJ/ ft' {"It !.-y;lM1--'" c1 f 17; -;/ !~ , . . (~kJ;i; cc: Marlene Messam; TECM 168 8 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) COLLIER COUNTY BID NO. 08-5135 COLLIER COUNTY, FLORIDA Design Professional: TBE Group/Stanley Consultants COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 160 u 8 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by TBE Group/Stanley Consultants and identified as follows: Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) as shown on Plan Sheets 1 through 48. EXHIBIT N: Contractor's List of Key Personnel 168 8 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) COUNTY BID NO. 08-5135 Separate sealed bids for the construction of Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) , addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 29th day of October 2008, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m. LOCAL TIME on the 15th day of October, 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road), Bid No. 08-5135 and Bid Date of October 29, 2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be removed from the Bidding Documents prior to submittal. Each bridge project will be awarded to the lowest, responsive and qualified bidder. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.collierqov.netlbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed GC-PN-1 168 8 resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within calendar days (specified in table below) from and after the Commencement Date specified in the Notice to Proceed. Project Days Days Final Total Substantial Completion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Goodland 90/100 20/20 110/120 Oil Well Road 100 15 1i1q The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which: however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 29th day of September 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC-PN-2 1688 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 16e 8 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit ReQuirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. RiQht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. SianinQ of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address GC-IB-2 168 8 and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. GC-IB-3 16B 8 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting,its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not GC-IB-4 16B 8 conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of Collier County business to receive awards. A "local business" is defined as a Collier County business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local GC-IB-5 168 8 bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), than award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their proposal response, the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their proposal response will preclude said Bidder from being considered for preference on this solicitation. A vendor who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 12.3 The Award of Contract(s) shall be issued to the lowest, responsive and qualified Bidder(s) determined on the basis of the total base bid for each individual project (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.4 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, the Owner reserves the right to recover all costs associated with the printing and distribution of such copies. GC-IB-6 168 8 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permiUfee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major GC-IB-7 168 8 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-8 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.colliergov.net/purchasing ADDENDUM DATE: October 28, 2008 TO: r_ FROUj SUBJECT: Interested Bidders Brenda Brilhart, Purchasing Agent Addendum #4: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum #43 covers the following change for the above-referenced Bid: REPLACE: Chokoloskee Signed and Sealed Plans and Bid Schedule - changes include the following: 1. On Sheet 4: Concrete pavement detail, changed 4" concrete pavement to articulated block. 2. Sheet 4: Concrete finish coating detail, added railing to the limits of finish coating. 3. On Sheet 6: Regrade slopes note 2, removed note since it is included in note 3 of the adjacent section. 4. Moved from sheet 6 to sheet 8: Seawall repair and slope protection repair items. 5. On Sheet 6: Added carbon fiber repair, bridge railing repair, and legend notes. 6. On sheet 6, Removed "replace existing rip-rap with International Erosion Control Systems' "Cable Concrete" or engineer approved equal". It was our intent to replace this material with Contech Armorflex 30s or engineer approved equal. Both IECS CC35 and Shoretec BD-4000c are also acceptable choices for the slope protection repair. 7. On sheet 8: Added expansion joint, bridge railing, and guardrail repair item notes. It is our intent that replacing and resetting the hazard markers is included in the cost of the guardrail repairs. QUESTIONS & ASNWERS: Q: The filter fabric used under the articulating block mats is calling for Geotex 2x2HF, I would like to know if Mirafi FW404 will be an approved equal and I would also like to know if this fabric is to used be under the Articulating Block Mats and the AB600 mat or will another 168 8 product be required under the AB600 mat and if so please specify what filter fabric is to used under the AB600 mat? A: The filter fabric used under the grout-injected fabric-formed articulating mat used on Bridges 034014, 030153 and 030154 shall meet the requirements of Section 985 of FDOT Standard Specifications for Road and Bridge Construction and FDOT Standard Index 199. Q: In the plan details for the Chokoloskee Bay Bridge Repair, page number 6 listed under the slope protection repair notes it says to replace existing concrete slope pavement with International Erosion Control Systems Cable Concrete or engineer approved equal. I see that the county has now approved through the answer question section the Armorflex 30s as an equal, I would like for you clarify that the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats that was originally specified on this project is also acceptable A: Yes; the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats are also acceptable. Q: What is the approximate minimum and maximum rate of flow at each bridge? A: The following maximum velocities were obtained from the FDOT Bridge Scour Reports and are based on the overtopping event: Bridge 034014 3.6 fps Bridge 030153 8.7 fps Bridge 030154 9.3 fps We were unable to obtain minimum velocities. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager Encs: Project Photos Pre-Bid Sign In Sheets Pre-Bid Recording Approved Product List Signed & Sealed Plans 2 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.colliergov.net/purchasing ADDENDUM DATE: October 28, 2008 TO: Interested Bidders FRO~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #3: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 3 covers the following change for the above-referenced Bid: The due date for this bid has been changed to November5, 2008 at 2:30 p.m. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.colliergov.net/purchasing ADDENDUM DATE: October 21, 2008 TO: Interested Bidders FRo~renda Brilhart, Purchasing Agent SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 2 covers the following change for the above-referenced Bid: Question 1: The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in only 4" thick. I would like to know which of the following products will the county accept for this project: FP400 = 4" thick / 8" filter point spacing or FP600 = 6" thick /10" filter point spacing Answer: A 6" thick mat is required. The 10" filter point spacing (FP600) will be acceptable. Question 2: The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30" x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick Articulating Block Mat is 30" x 30". I would like to know which of the following products will the county accept for this project: AB600 = 6" thick / block size 20" x 20" or AB 1200 = 12" thick / block size 30" x 30" 16B 8 BID 08-5116 Addendum #1 Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable. Question 3: The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell system. Please specify what thickness and system the county will accept for this project. Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved equal. This is an open cell block with a Nominal Depth of 4.75 inches. You can find Contech's Armorflex brochure at: http://www.contech-cpi.com/media/assets/assetlfi Ie name/54/ ARMORTEC ArmorFlex2. pdf You can find Contech's Armorflex specifications at: http://www.contech- cpLcom/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf Question 4: What type of Plastic Filter Fabric is to be used under the Articulating Block Mat? Answer: The filter fabric requirement's are outlined in the Armorflex specification mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave Ziggler, 407-810-4935) recommends using Geotex 2x2 HF. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager 2 168 18 ~ COLUER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.colliergov.net/purchasing ADDENDUM DATE: October 9, 2008 TO: Interested Bidders FRO~Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #1: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 1 covers the following change for the above-referenced Bid: REMOVE the entire Goodland Bridge No. 030184 (CR 92 over Marco Channel) component from this solicitation. This bridge may be bid out separately once further investigations are completed. CHANGE: If price savings would warrant, the County is considering awarding the work on a job by job basis or collectively as one contract. Revised Bid Schedule attached. If you require additional information please call me at 239/252-8446 or bye-mail at brendabri Ihart@colliergov.net. cc: Marlene Messam Project Manager Enc: Bid Schedule 168 8 Proj. Mgr.. Marlene Messam 81008-5135 ',ridge Repairs (Chokoloskee. Goodland, Green Blvd. and Oil Well. ADDENDUM #1 ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 101-1 Mobilization LS 1 $0.00 102-1 Maintenance of Traffic LS 1 $0,00 104-11 Turbidity Barrier (Floating) LF 240 $0.00 10413-A Silt Fence LF 500 $0.00 110-4 Removal of Existino Concrete Pavement SY 1,200 $0.00 400-97 Cleaninq and Finish Coating SF 4,800 $0,00 400-135 Clean and Repair Cracks LF 700 $0.00 401-70-2 Concrete Repairs: Patch Soalls, Delaminations and Honevcombed Concrete CF 60 $0,00 405-70-5 Carbon Fiber WraD SF 225 $0.00 458-1 Replace Expansion Joint LF 300 $0.00 530-78 Cable Concrete System SF 10,000 $0.00 536~1~14 Reoair/Reolace Barrier LF 350 $0.00 536-1-2 Guardrail Bridne LF 80 $0.00 706-3 Retfo-Reflective Pavement Markers EA 24 $0,00 711-11-221 Thermoplastic Striping LF 850 $0.00 TOTAL BASE BIO I $0.00 I CHOKOLOSKEE NO. 030161 101-1 Mobilization LS 1 $0,00 102-1 Maintenance of Traffic LS 1 $0.00 104-11 Floatino Turbiditv Barrier LF 45 $0.00 458-1-21 Bridge Deck Exnansion Joint LF 85 $0.00 530-78 ArticulatinQ Block Mat SY 462 $0.00 9455-1 Pile Repair Each 4 $0,00 TOTAL BASE BID I $0.00 I GREEN BOULEVARD NO 034014 101~1 Mobilization LS 1 $0.00 102-1 Maintenance of T raffle LS 1 $0.00 104-11 Floatina Turbiditv Barrier LF 171 $0.00 401-70-4 Restore Spa lied Areas CF 12.4 $0,00 458-1-21 Bridge Deck Exoansion Joint LF 90 $0.00 530-78 Articulating Block Mat SY 2346 $0.00 9455-1 Pile Repair Each 13 $0.00 TOTAL BASE BID I $0,00 I TOTAL ALL PROJECTS I $0,00 I OIL WELL ROAD NO 030153 & 030154 .....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS..... 16,B a {).~~~ CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) BID NO. 08-5135 Full Name of Bidder American Earth Movers, Inc. Main Business Address 821 NE 79th Street Place of Business Miami Shores, FL 33138 Telephone No. 305 865-6952 Fax NO.305 867-5050 State Contractor's License # CGC 061280 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 proj.' Mgr.: Marlene Messam 81D08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Blvd. and Oil Well Road) ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 101-1 Mobilization LS 1 $2.500.00 $2.500.00 102-1 Maintenance of Traffic LS 1 $3.500,00 $3,500.00 104-11 Turbidity Barrier (Floating) LF 240 $6,00 $1,440.00 104-13-A Silt Fence LF 500 $0.95 $475.00 110-4 Removal of Existing Concrete Pavement SY 1.200 $11,00 $13,200,00 400-97 Cleaning and Finish Coating SF 4.800 $4,95 $23,760.00 400-135 Clean and Reoair Cracks LF 700 $48.00 $33,600.00 401-70-2 Concrete Renairs; Patch Spalls, Oelaminations and Honeycombed Concrete CF 60 $750,00 $45,000,00 405-70-5 Carbon Fiber Wran SF 225 $272.00 $61,200,00 458-1 Replace Exoansion Joint LF 300 $58.00 $17,400.00 530-78 Cable Concrete Svstem SF 10.000 $8,50 $85,000,00 536-1-14 Repair/Replace Barrier LF 350 $68.00 $23,800.00 536-1-2 Guardrail Bridge LF 80 $48.00 $3.840,00 706-3 Retro-Reflective Pavement Markers EA 24 $16,00 $384.00 711-11-221 Thermoplastic Striping LF 850 $3,53 $3.000.50 TOTAL BASE BID I $318,099,50 I CHOKOLOSKEE NO. 030161 16 B ADDEN~r' 101-1 Mobilization LS 1 $2,500.00 $2.500.00 102-1 Maintenance of Traffic LS 1 $1.500.00 $1.500.00 104-11 Floating Turbidity Barrier LF 45 $6.00 $270.00 458-1-21 Bridge Deck Expansion Joint LF 85 $75.00 $6.375.00 530-78 Articulating Block Mat SY 462 $113.65 $52,506.30 9455-1 Pile Repair Each 4 $5.000.00 $20,000.00 TOTAL BASE BID I $83.151.30 I GREEN BOULEVARD NO. 034014 101-1 Mobilization LS 1 $4.500.00 $4,500.00 102-1 Maintenance of Traffic LS 1 $1,500.00 $1.500.00 104-11 Floating Turbiditv Barrier LF 171 $6.00 $1.026.00 401-70-4 Restore Spalled Areas CF 12.4 $850.00 $10.540.00 458-1-21 Bridge Deck Expansion Joint LF 90 $60.00 $5,400.00 530-78 Articulating Block Mat SY 2346 $100.00 $234,600.00 9455-1 Pile Repair Each 13 $4,706.40 $61,183.20 TOTAL BASE BID I $318,749.20 I TOTAL ALL PROJECTS I $720,000.00 I OIL WELL ROAD NO 030153 & 030154 .....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS"'" 168 8 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL e)(/Wc:.c. 3S CJPU-\) MANUFACTURER \. G.f:'( "'AT ~ &bee. &~~~ -- - I~~~ E~fv\ ~ Vj~ 3. ~. ',,' _ 1="w ('to" vJw.... ~ - K,o 1-1'~l;)DTL ~ 4. II \J 1__ -\: ~fil~ Af)Woj ~ v... .. ~f~ "7" Wb<Da.rf;tr~ 5. C6 \.~ tw4L v- ~ - II @ \ o.A.tl~~<€ IS Lo (,.l< KtM: ';)C Dated_l\ /04 o\? ')A~C<:LU ECL\.~ M'l:N~)T~ I ;? Bidder A j A ^ ~ ~ BY: ~ ~ GEO'1-~t fvtU 10 JJ 13 pi\.J-0 ~ 2. GC-P-3 168 8 LIST OF SUBCONTRACTORS llhe undersigned states that the following is a full and complete list of the proposed ~ubcontractors it intends to use on this Project with respect to the categories of work iqentified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its r~sponsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal r$quirements applicable to and necessitated by the Contract Documents, including, but ~ot limited to proper licenses, certifications, registrations and insurance coverage. The 'iwner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful idder to remove/replace any Subcontractor, at no additional cost to Owner, which is fund to be non-compliant with this requirement either before or after the issuance of . t e Award <if Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE EEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the uindersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder Stall identify all Subcontractors it intends to use on the Project. The undersigned f rther agrees that all Subcontractors subsequently identified for any portion of work on t, is Project must be qualified as noted above. 1 Cateqorv of Work -At)j~" ~~cP M~ Subcontractor and Address jfJ' 11,. ~ \M. Ytv\ ~f2-uJ > '0 70 SiM.\'\j~ fL~ $....-.\Te 3D - 3Q\:(~el.;,,\ I -t,. '3 Jq Z.Z 2;. 3,. 41. 5:. Qated 11/0Y/OY I ( A~(~ E~n zf;:;' ~ 11'b V~ 7' -J.J <- . BY: GC-P-4 168 8 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. 2. 5z-~ ~' Dc 3. 4. 5. 6. Dated A~~ e~ ,I Bidder # ~~ ) J',..,..-z BY: 1A..L.t ~ 6(;b~<o& MV"-'lOe 4~~ GC-P-5 Contract Name: Contract Number: Value: Date Started: Completion: Location: Description: Client: Name: Address: Phone Number: Contact Person: Supervisor: Name: Address: Phone Number: Contract Name: Contract Number: Value: Date Started: Date Completion: Location: Description: Client: Name: Address: Phone Number: Contact Person: Supe,rvisor: Name: Address: Phone Number: CHAIN OF LAKES RESTORATION PROJECT 2007907 $ 2,051,292.00 7/24/2007 100% John Prince Park, Lake Worth, Palm Beach County Dredging, culverts and planting, installation of stone revetment Land Restoration Palm Beach County Environmental Resources Management 2100 N Jog Road, 4th Floor, West Palm Beach, FL 33411 561 233-2435 Carolyn Beisner Carolyn Beisner 2300 North Jog Road, 4 Floor West Palm Beach, FI, 33411 561 233-2435 S-12D SPILLWAY STRUCTURE 6000000024/C447 $ 1,379,000.00 12/21/2006 100% Miami Dade County' Spillway Dredging, Land Restoration SOUTH WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, FI, 33406 561-682-2813 Cathy Richards Lai Shafau 3301 Gun Club Road, West Palm Beach, FI, 33406 561-682-6243 168 8 Contract Name: Contract Number: Value: Date Started: Date Completion: Location: Description: Client: Name: Address: Phone Number: OwnE'r/Contact Person: Supervisor: Name: Address: Phone Number: Contract Name: Contract Number: Value: Date Started: Date Completion: Location: Description: Client: Name: Address: Phone Number: Owner/Contact Person: Supervisor: Name: Address: Phone Number: 168 '8 OCEAN REEF BRIDGE Subcontract $280,000 7/1/2007 100% City of Key Largo Miscellaneous piling repairs, structural concrete approach repairs, MOT Land Restoration Florida Machine Shop & Marine Repairs 5660 NW 35th Avenue, Miami FL 305219-2181 Fulgencio Rivas Fulgencio Rivas 5660 NW 35th Avenue Miami FL 305219-2181 BAY HARBOR BRIDGE Subcontract $250,000 11/1/2007 100% Miami, FL Structural steel repairs, structural concrete reapirs, MOT Florida Machine Shop & Marine Repairs 5660 NW 35th Avenue, Miami FL 305219-2181 Fulgencio Rivas FuIgencio Rivas 5660 NW 35th Avenue Miami FL 305219-2181 168 8 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description) Units of Measure (LF,SY) Unit (Quantity) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Dated \ \ 10 i oiS ( ~~ L~ '~J~ M bVf?J./V> / cer ~- J1v~. GtDRG~ ~UtJWC p~~ BY: GC-P-6 16B '8 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB#:08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) STATE OF FLORIDA and the COUNTY OF COLLIER BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; "Local Business" means a Collier County business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Please provide the following information for the Bidder: Year Business Established in Collier County: *- Number of Employees (Including Owner(s) or Corporate Officers): I s:- Number of Employees Living in Collier County (Including Owner(s) or Corporate Officers): ~ I .p.- I GC-P-7 168'8 If requested by the County, bidder will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in bidder's submission being deemed not applicable. A ~CaJ.--C t: o.^- ~ M o~ ) :r tJ c. Bid'L ~/ Signature e~ cLv5\ Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to and Subscribed Before M~,(a Notary Public, ~r the above State and County, on this U~ Day of ljJ t)\1 ,20 0 . I. (\ t-, Notary Public \\\\\\\1111I11111. ,',.....\\\ 1Qarko '11~11;~ " '/}<::. ....,.... /I/, ~ ~ "'-,"{i-~\(e;"''-.~ ~ 2 :' .06/25/2010 \. % ~ ; NOlm PU8llC i g ~ ..... Commission 1./ S ~ U'f oom61! /~.? 'illl "-1i';..........~~,~ 11111/' OF ~\; """ 11/1/111\1\\\\\ My Commission Expires: (AFFIX OFFICIAL SEAL) GC-P-8 168 8 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid per project site within consecutive calendar days in the table below, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within consecutive calendar days specified in table below after Substantial Completion, computed by excluding commencement date and including the last day of such period. Project Days Days Final Total Substantial Cornpletion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Goodland 90/100 20/20 110/120 Oil Well Road 100 15 115 GC-P-9 168 8 Respectfullv Submitted: State of County of Florida Miami-Dade , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. e. \r1 M ~ ~ M lJ N u E , also deposes and says that it has examined and car fully prepared Its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. c; R> J<..Job MUtJ DE (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of _American Earth Movers, Inc., and the full names of its officers are as follows: President Georqe Munne Secretary Christy Munne Treasurer Manager The _George Munne is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: GC-P-10 168 8 The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity BY: Name of Bidder (Typed) Witness Witness Signature Title STATE OF Florida COUNTY OF Miami-Dade The foregoing insillJrnent w~ acknA'''l'ledged before me this 2008, Qy <69) R- 65 I~ u p De , as of {4:~ <- o-..M.- b' behalf of the cor))~t~~, e he is erso ally kno n to me and did (did not) take an oath. corporation, on or has produced as identification My Commission Expires: I J~ -' .t-" NAME: (Signature of Notary) , (Le;:' ~ri~ed) I3 ~'~?B~~ ,,' ,'\ ,.."")",IfO",, ~" ~ .....0. ~Y;P "~l,.~ ~ , . 6/25/' ... '" Notary. P~blic, State it (NOT ARt' 2010 \ , CommiSSion No.: :0: : L8CI' PPlUe i ~ ~ cP'. 'III/PI I J '" %j;;/P!iJIII./~ I %/~ (}{ill:~~~ ",~~ Iii, If ,,\.'t,...... I!/H'liliW\\\\\~'~'" (AFFIX OFFICIAL SEAL) GC-P-11 168 8 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we American Earth Movers, Inc. (herein after called the Principal) and The Guarantee Company of- North America USA , (herein called the Surety), a corporation chartered and existing under the laws of the State of MI with its principal offices in the city of S6uthfield and authorized to do business in the State of FL are held and firmly bound unto the Collier County Purohasing Department (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Hi d dollars ($ 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs. and executors, administrators, and assigns, jointly and sevemlly and firmly by these presents. Whereas, the Principal is about to SUbmit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Bri doe Rep.i rs : Bridge Repairs (ChokoJoskee, Goodland. Green Boulevard and Oil Well Road) Bid No. 08-5135 NOW, THEREFORE, if the Owner shall accept the Bid of the PRIN91PAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the tenns of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or C;:ontract Documents with good and sufficient surety for the farthful performance of the Agreement and for the prompt payment of iabor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-12 16B 8 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 5th day of November , 2008. BY !:::: ,"cU' "~~' Principal " a (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for Nielson & Compan GC.P-13 168 8 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc, have been included. 6. Any delivery information required is included. 7. Local Vendor Preference Affidavit completed. 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <=>Bid Number; <=>project Name; <=>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET E Earth Movers, Inc. Bidder me ~/ Signature & Tj / DATE: I \ ~ '1 0 Y ( ( GC-P-14 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 16B 8 (850) 487-1395 DURANT, THOMAS WILLIAM AMERICAN EARTH MOVERS INC 821 NE 79TH STREET MIAMI FL 33138 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe' to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! ".-'"- AC# 3928271 S,TJ\TE,()F F~O~IDJ\ DEPARTMENT'OF BUSINESS AND. PROFESSI'ONALREGULAT10N J,b" ,:4';'[ " CGC061280 ":08/19/08 088035670 ,"" ..., ',,<' ,('-'! ,".. "'., CERTIFIED GENERAL ,CONTRACTOR DURANT, THOMAS WILLIAM AMERICAN EARTH MOVE:RS' INC IS CERTIFIED under the provisions of ch.489 FS Xxpir;;'tiondate, AUG- 31, 2010 Loa081902340 DETACH HERE AC# 3928271 ,;'- ii:,i'.:'i /r':; "Aif,,~~fj;t~;~~.tLqWD.~', i;,DJ;:};iAR'!i:rJ)Eiii" dlWBii\Efit~SJ$,~ B~QE'ESSIONALREGULATION ' ".: . ,:.:., !:;e{)NSTRU~1I0N;,.,;:ENDIJS"TRY'.,!.L'ECENSING . BOARD . . " . , ',""':'.'",,'" "':"',' """..".:, ",,," .... SEQ# L08081902~40 ,;i:~'::':' '/;:Vr~tfA~~,=,';;,:' '--;';_:"':'_:.,~ft:0~~""!iL~.<, '__.J --. LICENSE1:l~~~ 08/19/2008 6a8oj'5670*fLCGt06cii#&;~fi~ The GENERALCONTRACTO'il;; :'S:i hi?t.t.gfJ' "_"_ ",,"--_.' ,,,,,,:..;,) '_/'~;' ,t~'- '., Named below .IS 'CERTIFrEtJ:.:,;;.}r . Under the provisions of"ChaJ:ft'(i;:;:r Expiration date: AUG 31, 2010 ~~' ii,< ',' , , ,~... 4 ~',.'..'.:.:'~,.:.;,\.,;~...::',i,'.:~.;..,.',.,.;,..',','.P:.,'....'..::.'.',:.':.:. :~:-'E',-~.. DII~T-, (::_~HQMA$:,.; WIJ:,VtAM :I-;:-',Th~,'.: '~f~,_!-"^.,;;_-t "'~"C~; AMERICANi.EAR>rH MOVERS INCcg",' '''~';'-'',::c;.;obic.. . <~Yji'r,:, ~i~~E 79TH"8TREET'" FL ;ii3~;:"~;;:c;;:~r,c-'/.. CHARLIE .CRIST GOVERNOR " - --"._~~ CHARLES W. DRAGO SECRETARY 168 8 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Joseph P. Nielson, David R. Hoover Nielson and Company, Inc. - Miami Lakes its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31st day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31st day of December 2003, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certjfication thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, 2008, THE GUARANTEE COMPANY OF NORTH AMERICA USA ~.~LJ I STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. T akai Notary Public, State of Michigan County of Oakland My Commission Expires February 27,2012 . Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. 0~ (). /~ I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WITqJESS WHEREOF. I have thereunto set my hand and attached the seal of said Company this 5 day of Nav emb e r 2008 ~ Randall Musselman, Secretary 168 8 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with American Earth Movers, Inc ("Contractor") of 821 NE 79th Street Miami Shores, Florida 33138, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road Road), Bid No. 08-5135 ("Project"), as said Work is set forth in the Plans and Specifications prepared by TBE Group and Stanley Consultants, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. S. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: seven hundred twenty thousand dollars and no cents ($720,000.00) GC-CA-l Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/ c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within specified calendar days (see table below) from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within specified calendar days (see table below) after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. GC-CA-2 168 8 Project Days Days Final Total Substantial Completion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Goodland 90/100 20/20 110/120 Oil Well Road 100 15 1.15 B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, (see table below) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. Project Liquidated Damages Chokoloskee $715.00 Green Boulevard $313.00 Goodland $1,423.00 Oil Well Road $715.00 GC-CA- 3 16B 8 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payrnent on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. GC~CA-4 16B 8 Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by TBE Group & Stanley Consultants and identified as follows: Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) as shown on Plan Sheets 1 through 48. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Marlene Messam, Project Manager Collier County Transportation Engineering & Construction Management 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252-5773 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. George Munne American Earth Movers, Inc 821 NE 79th Street Miami Shores, FI 33138 305-865-6952 Fax No. 305-867-5050 GC-CA-S C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and AssiQns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. GoverninQ Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. GC-CA-6 168 8 Section 13. Entire AQreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanQe Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 168 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: -:. t\.- t-~ l., By: +- 7ican Eart; Movers, Inc. FIRST WITNESS :r. .D0Jt ~) D4CZ-\<()Vl~ , Ty /PJint Name Type/Print Name and Title C. OND WITNESS ~~\/' ~o..) Type/Print Name Date~~~' 60) 2aJ&' A TT~T: OWNER: .,- Dwignt E. Brock, 9ler~ BY~~ IttIil ts. to 'Cllt, .., It911.ture Oft I , Approved As To orm and Legal Suffici nc . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORID BY: , an Print Name: .....LllJ111t County GC-CA-8 168 8 EXHIBIT A PUBLIC PAYMENT BOND Bridge Repairs (Chokoloskee, Goodland, G'reen Boulevard and Oil Well Road) Bond No. 80052713 Contract No. 08-5135 KNOW ALL MEN BY THESE PRESENTS: That 821 NE 79th St., Miami Shore, FL 33138 Amp.ric~n F~rth Mnvprs Inc., as Principal, , as and"-The Guarantee Comnilnv of North Amp.ric;:l (rSA Surety, located at 25800 Northwestern Hwy., Ste. 720, Southfield, MI 48075 (Business Address) are held and firmly bound to Collier County Purchasing Oepartment as Obligee in the sum of Seven Hundred Twenty Thousand and 00/100 ($ 720,000.00 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ~ day of Oecember 2008, with Obligee for Bridge Repairs- Chokoloskee, Goodland, Green Blvd. and Oil in accordance with drawings and specifications, which"ell Road contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the, Contract or the changes do not affect Sureties obligation under this Bond. ' The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Sur~ty be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 11th day of December 2008, the name of each party being affIXed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 (AFFIX OFFICIAL SEAL) BY: NAM ITS: STATE OF F (., , ~fl^ ' COUNTY OF ~ eq..~..(~ )/tt:0f: 1-\ ;he ~ eg;:ng i ~rument was a owl d d b,efo~e.1~n;;.,-1) f<. of : a ~.. corporation, ~be)1alf of the c rporation. He/she i personally nown to me OR has produced y. l . as identification and did (did not) take an oath. . I, ^ 1--, My Commission Expires: / \..--. --L-.= ........ (Signature of Notary) \1\,\1\1111.11./11" ......' I'( t1 ''1''1. ~,,'\ \~.~~!..J?:'}.#;"~1i~-, $ .,' 't,XPlt ",OJ...~ - .' "~~"';.." ~ .... . VW41//((j't" C' - (Legibly Printed) t /1I0rARf 10 \ ~ % u>\ COlllttlf !//81/t / i s ...... ". OOi flpg I .-' 2' Notary Public, State of ~~"..Jll!; .../ ~' "'J 0 -...... ~,~ Commission No.: j"""f fLO\l.\"",,'~ ""nHH~~ Signed, seated and delivered in the presence of: ' i-z k",,^ \J i sjJ. ~ S[1. Wi nesses as to Principal Chis bond is given to comply with section 255.05 Florida ;tatutes, and any action instlfuted by a claimant under thi! Jond for payment mu&t beih accordance with.the notice and time limitation provisions in Section 255,05(2), Florida Statutes. PRINCIPAL Inc. ,;e NAME: ATTEST: SURETY: As Per Attached Power of Attorney 25800 Northwestern Hwy., Ste. 720 out . (Business Address (Authorized Signature) Witnesses to Surety Brett Rosenhaus, Attorney in Fact (Printed Name) . GC-CA-A-2 168 8 OR -~- As Attorney in Fact (Attach Power of Attorney) As Per Attached Power of Attorney Brett Rosenhaus. Attornev in Fact (Printed Name) Witnesses 25800 Northwestern Hwy., Ste. 720 Southfield, MI 48075 (Business Address) , 248-281-0281 (Telephone Number) STATE OF F10rida COUNTY OF Palm Beach The foregoing instrument was acknowledged before me this, ~ day of December , 2008, by Brett Rosenhaus . as . Personally Known of The Guarantee C6moanv of North America USA He/She is personally known to me OR has produced as identificatia a who did (did not) Attornev;" Fact Surety, on behalf of Surety. take an oath: My Commission Expires: .' ", Jason Katz . Pu '" 19 .' ." ,.r.;:,". "'DD3980 .. /"~',(l~comnusslOnor "0' , . : 2009 '.: ,,:lfftxpue5' ITB. 20, ^,..v,~..,.\.~q:.... A.'Rc~N)TAR'i.com -';~,?,r,;\\'" WVt"~,,,, Name: Jason Katz (legibly Printed) (AFFIX OFFICIAL SGAL) Notary Public, State of: Flori da Commission No.: 00398019 GC-CA-A-3 16B 8 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERtCA USA, a corporation organized and existing under the laws of the State of Michigan, having its princlpal office in Southfield, Michigan, does hereby constitute and appoint Brett Rosenhaus, Jason Katz Nielson and Company, Inc. - Lake Worth its true and lawful attorney(s)-ih-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at"the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX. Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December. 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority' given, except as provided below 3. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 315t day of December 2003. of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. pNT!;l:C l~\ ~~-~ ~o 'r~ 'lil1iAMf.~\C. IN WITNESS WHEREOF. THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1st day of May, 2008. THE GUARANTEE COMPANY OF NORTH AMERtCA USA ~.~<J k I STATE OF MICHtGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Sea] of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. T akai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2012 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. f!;~ (). -r~ I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF N.ORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WlTljJESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 11 tiJay of December 2008 pNTEl:C l~\ ~~_;J """0 ,....::; 'I?"'HAME.~C. k Randall Musselman, Secretary 168 18 EXHIBIT A PUBLIC PERFORMANCE BOND , Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) . Bond No. 80052713 Contract No. 08-5135 KNOW ALL MEN BY THESE PRESENTS: That American Earth Movers, Inc., 821 NE 79th St., Miami Shore, FL 33138 , as Principal, and The Guarantee Company of North America USA , as 25800 Northwestern Hwy., Ste. 720, Southfield, MI 48075 (Business Address) are' held and Collier County Purchasing Department Seven Hundred Twenty and 00/100 ($ 720,000.00 ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and I'l!;!';igns. jointly and sE'vE'rally. Surety, located at firmly bound to , as Obligee in the sum of WHEREAS, Principal has entered into a contract dated as of the Rth December , 2008, with Obligee Bridqe Repairs- Chokoloskee, Goodland, Green Blvd. and Oil Well Road in ::Icoordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and Pays Obligee any and all losses, damages, costs and attomeys' fees that bligee sustl'lins because of any default by Principal under the Contract, including, but ot limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and Performs the guarantee of all work and materials furnished under the Contract for he time specified in the Contract, then this bond is void; otherwise it remains in full orce. Any changes in or under the Contract and compliance or noncompliance with ny formalities connected with the Contract or the changes do not affect Sureties bligation under this Bond. . he Surety, for value received, hereby stipulates and agrees that no changes, xtensions of time, alterations or additions to the terms of the Contract or other work to e performed hereunder, or the specifications referred to therein shall in anywise affect i s obligatIons under this bond, and rt does hereby waive notice of any such changes, xtensions of time, alterations or additions to the terms of the Contract or to work or to e specifications. GC-CA-A4 168 8 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be Iiabl~ in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHERFOF, the above parties have executed this instrument this 11th day of December , 2008, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: ' ~\;Ow\ 'Vj~t " qy. Witnesses as to Principal PRINCIPAL Inc. BY: /L ~14(\jp~/ NAME: ITS: STATE OF FL. \ ()/\ COUNTY OF~ C'\;~ . 1)4: ~ The h- /It efore ~ this .l...L- day of IVC ,as...,.., b a-L~<"" on behalf of \Q.e Gorporation. He/she I is to me OR has produced J2. l ' as identification and did (did not) take an 08th.'lb ' -r- ,)..... ,.11\11\11' . "", \..- -L.. .\.~ rk ,1,1/// . ~" ~'O: "". ..nJ :"/~ (Signature) ~ ".... ,-~PII~~',} "0 2 .... 06/25/2010 .... ~ Name: ~ ! NOTARY PUBLIC ) ~ (Legibly Printed) ~ )" COUlssion I ..... f \}f..0.05.6.~~!!...~~/~ Notary Public, State &K'" OF fl~'t-\",' Commission No.: '/1//"111\1\\'" My Commission Expires: (AFFIX OFFICIAL SEAL) GC-CA-A-5 168 8 ATTEST: SURETY: The Guarantee Company of North America USA (Printed Name) 25800 Northwestern Hwy., 5te. 720 5outhfield, MI 48075 (Authorized Signature) As Per Attached Power :'of Attorney Witnesses as to Surety OR Brett Rosenhaus, Attorney in Fact (Printed Name) ~/ As Attorney in Fact (Attach Power of Attorney) As Per Attached Power of Attorney WItnesses Brett Rosenhaus, Attorney in Fact (Printed Name) 25800 Northwestern Hwy., 5te, 720 5outhfield. MI 48075 (Business Address) 248-281-0281 (Telephone Number) STATE OF Florida COUNTY OF Palm 8each of behalf of Surety. Personally Known The forogoing instrument was acknowledged before me this ---2.!.;h day of Oecember , 2008, by Brett Rosenhaus , as Attorney in Fact , a The Guarantee Company.of North Ame~~r on He/She is personally known to me OR has produced as identification and who' not) take an oath. ""''','/, Jason Katz ,- ,~...~,l. ~y~,"~.. ,". rP.o "::C~Commiss:oo#DD39B019 :.;>~::ih,p\res: FIB. 20, 2009 "';''!- DF '';'''~;:~''''NW'H .A!"RC~ N :)TA RY.com '/1111\\1 (Signatu My Commission Expires: Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, .state of: Florida Commission No.: 0039801Q GC-CA-A-6 168 "8 FRONT PAGE OF PUBLIC PAYMENT BOND Florida Statute 255.05 BOND NO. 80062713 CONTRACTOR: American Earth Movers, Inc. 821 NE 79th Street Miami Shore, FL 33138 305-865-6952 SURETY: The Guarantee Company of.North America USA 25800 Northwestern Hwy., Ste. 720 Southfield, MI 48075 248-281-0281 AGENT: Nielson, Rosenhaus & Associates 4000 South 57th Avenue, Suite 201 Lake Worth, FL 33463 (561) 432-5550 OBLIGEE: Collier County Purchasing Department 3301 E. Tamiami Trail Naples, FL 34112 239-252-3446 PROJECT: Bridge Repairs- Chokoloskee, Goodland, Green Boulevard and Oil Well Road ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP I E (MMI YYYJ AMERI-1 12/12/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PRODUCER Assurance Brokers Ltd. 95 North Research Dr ste 100 Edwardsville IL 62025 Phone: 618-692-9800 Fax: 618-692-9865 INSURERS AFFORDING COVERAGE NAIC# INSURED American Earth Movers, Inc. 821 NE 79th st Miami Shore FL 33138 UNSU_RERA __ St. Paul Fire & Marine : INSURER B Insurance Co. of sta.te of PA I.--.---------..~_....- I INSURER C Assurance Company Of America f.-INSURER D__ -..-~~-_-~~=-_=_~____ - INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWJTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLiCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ~~~~rMc&fJ~J'XE Pgk~1l,~f1:6~1T~qN -- LTR NSR TYPE OF INSURANCE POLICY NUMBER LIMITS _ ~~NERAL LIABILITY ! EACH OCCURRENCE ~OOO, OQ~ [Jill,MPibl:: IUKI::I'III::U A lC ~:~~-jMERCIAL GENER_AL LIABILITY OL06800172 i 05/10/08 05/10/09 PREM ISE~ .(~,a_?ccu rence) .50,000 CLAIMS MADE [){l OCCUR ! MED EXP (Anyone person) . 5,000 ! -- , PERSONAL & ADV INJURY '1,000,00Q__ -- ------ ------ _._----...._._~ 1- GENERAL AGGREGATE '2,OOO,QO_0_ -.---.-."...-.------..- -- .- n'L AGG~I_~~i ~~M~~ APP~I PER PRODUCTS COMP/OP AGG $2,000,000 ---- --------- POLICY JECT LOC I ~~!OMOBILE LIABILITY . COMBINED SINGLE LIMIT L ANY AUTO (Eaaccldenl) --------- . ALL OWNED AUTOS BODILY INJURY : SCHEDULED AUTOS (Per person) i . I--' ---.-- -- ~_ i HIRED AUTOS BODILY INJURY . _ ~I NON-OWNED AUTOS (Per accident) ----- . ------ - -- .-- ----- -- PROPERTY DAMAGE . (Per accident) ==lAGE LIABILITY AUTOONLY EA ACCIDENT0-'--__ ANY AUTO OTHER THAN ~.o:__~~~ $ AUTO ONLY AGG $ '~ESS1UMBRELLA LIABILITY EACH OCCURRENCE !'5,000,000 ~ _ OCCUR 0 CLAIMS MADE --'--'--'---.-- .._~------ - A OX06800195 05/10/08 05/10/09 __ AGG~~~_~ TE IS5,000,000__ l_______ :s ..=J DEDUCTIBLE -,..--- ---------- 1 I I s i X I RETENTION '25,000 " , I WORKERS COMPENSATION AND ! I X ITb'rf/U~h~_l,,~J~~Bl -- B EMPLOYERS' LIABILITY WC2953897 05/10/08 05/10/09 : E_L_ EACH ACCIDENT ,'1,000,000_ ANY PROPRIETORtPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? VSLH & JONES ACT APPLIES E_L_ DISEASE EAEMPLOYEE $ 1,000,000 'If yes, describe under ----I ---- SPECIAL PROVISIONS below EL_ DISEASE-POLICY LIMIT i $ 1,000,000 OTHER I C i Equipment Floater EC66789290 03/27/08 03/27/09 rent/leas 400,000 A P & I I OL06800172 05/10/08 05/10/09 LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CONTRACT #08-5135 I' BRIDGE REPAIRS (CHOKOLOSKEE, GOODLAND , GREEN BOOULEVARD AND OIL WELL ROAD) CERTIFICATE HOLDER IS LISTED AS PRIMARY NONCONTRIBUTORY ADDITIONAL INSURED WITH REGARD TO WORK PERFORMED BY THE INSURED. WAIVER OF SUBROGATION APPLIES. UMBRELLA POLICY GOES OVER GL/WC/AUTO POLICIES CERTIFICATE HOLDER CANCELLATION COLLIE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR COLLIER COUNTY PURCHASING DEPT PURCHASING BUILDING 3301 E TAMIAMI TRAIL NAPLES FL 34112 @ ACORD CORPORATION 1 ACORD 25 (2001/08) 168 8 ACORDrn CERTIFICATE OF LIABILITY INSURANCE I DATE {MMIDDNYYY) 12/11/08 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 BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # ~~:~:::: ALLSTA~E INS CO_ -+~_____ INSURER C ..__ --r-- ____ --_._._---~~~~ PROOUCER ALLSTATE INSURANCE COMPANY 17121 PINES BLVD PEMBROKE PINES. FL 33027 INSURED AMERICAN EARTH MOVERS INC 821 NE 79TH ST MIAMI SHORES, FL 33138 I COVERAGES ~~SURER 0" I~ISURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURA.NCE AFFORDED BY THE POLICIES DESCRIBED HEREIN [S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~.f: ~~ TYPl'OOFI"~I'RANC" POLICY NUMBER Tp~.J-i~~~~~g~E POk!fll~~6~~9N I I LIMITS ~NERAL LIABILITY ._ ~M~ERCIAL GENERAL LIABILITY _ _J CLAIMS MADE 0 OCCUR EACH OCCURRENCE -~~~~~s ria occur~nce\ _~,-EpEXP (Anyone per~on) S _ PERSONAL & ADV INJURY__ S GENERAL AGGREGATE $ ~F:OOUCTS - COMP/OP AGG $ A ~TOMOBllE L.IABILlTY __ ANY AUTO ~ ALL OWNED AUTOS _ SCHEDULED AUTOS l5... HiRED AUTOS ,~ NON-OWNED AUTOS 048708238 COMBINED SINGLE LIMIT $ 1.000,000 02/17/2008 02/17/2009 (Eaaccldant) i BODILY INJURY $ i (Per person) I__~. - BODilY INJURY , (Per accident) --'~--~- I ~ ~ PROPERTY DAMAGE {Per accident) '$ 1- .__1 ~GEllAB1UTY -~..1 ANY AUTO I I I i ~.:rOONLY - EAACCIOENT S EAACC $ OTHER THAN AUTO ONLY ~.~. -- AGG $ ~ESSIUMBREL.LA L.IABILlTY _ OCCUR D CLAIMS MADE t DEDUCTIBLE t RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFF1CERtMEMBER EXCLUDED? ~~~~I~iS~b6~~1gNS belOW OTHER , i EACH OCCURRENCE $ i i AGGREGA!E $ $ ----- r-- ~~ $ fs i I TWC STfTI\J;1 IOJ~ I ~_ EACH ACCIDENT. I S i EL DISEASE _ EA EMPLOYE~ S El. DtSEASE - POLICY LIMIT I s I DESCRIPTION OF OPERATIONS I LOCATIONS /VEHIClES I EXCLUSIONS ADDED BY ENOORSEMENT I SPECIAl. PROVISIONS BRIDGE REPAIRS (CHOKOLOSKEE, GOODLAND. GREEN BOULEVARD AND OIL WELL ROAD) COLLIER COUNTY BID NO. 08-5135 COLLIER COUNTY, FLORIDA CERTIFICATE HOLDER CANCELLATION SHOUL.O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION COLLIER COUNTY PURCHASING DEPARTMENT DATE THEREOF, THf: ISSUING INSURER WILl. ENDEAVOR TO MAIL. ~ DAYS WRITTEN 3301 TAMIAMI TRAIL, EAST NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L.EFT, BUT FAiLURE TO DO 50 SHAL.L NAPLES, FL 34112 IMPOSE NO OBLIGATION OR LIABIL.ITY OF ANY KIND UPON THE INSURER, lTS AGENTS OR ATTN: BRENDA BRILHART REPRESENTATIVES. f, FAX: 239.252.6679 AUTHORIZED REPRESENTATIVE l'?-- ----... I ACORD 25 (2001/08) @AcoFW CORPORATION 1988 16 13 >>, ~--' EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 16B 8 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? ~ Yes D No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-B-2 168 8 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable IZl Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable IZl Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? IZl Yes D No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: x General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. 'This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. GC-CA-B-3 16B 8 D Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-B-4 168 8 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? ~ Yes D No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: 2S Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-5 168 8 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: = Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ % % Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC-CA-D-1 Gl (') o )> , o , '" r :E::I' * ~o~ -" j!. ::Tii)ii) el r: ~ ~::;;g:~ ~~~ ffi~5: "-" ro t'l, -g ~ f: ~ 0 ro - 0 =rg;~ (() -. 3 (") =l.:J ~~fJl " 3 e "'"" (J)~a. -. 0 CD " " ~ ill..g ~ " ro S"S:S. " _ 0 ~ ~ 5i . ,,-)> ei.fg ro,,,, ocr -ei. ;; o' ro " ~~ o -< ~ ~ " ro ,~ -< Cii=f S" c: ,0 ro " gar ii: 00 cg~ iji" !!: " " "!cl @ e "-~ I~~ ro ~ -<" =;" e oa " 0 ro:3 i 0" o ~. cia 3!:J "Ie ~ 3";:; - ~ffi 30 " 0 g ~i :J 001 " !4 i?1Jl' :::18 ii3 -" g-![ roro _. e 00 " " ro Q)~ @!w "-I, _.1(1) " ro S:m ro ro 00 " , @~ Oe " 0 m g, 0" !2.. 0 'e _ 3 ro ? OJ -13' ~" (Ii" CD ~ (jr " 00 - e 'm m o o 3 ro 00 ,'16B 8 Z c:.... s:'" ~s: " -< o -< )> r '" o '" en " <1 " .... o Z '" " <'" ,.", r 0 c:c: ",r '" o ...." "''' ,,'" c:< 00 ,.c: ....en "',. " en" zr ,," ",>- .... 0- ,.0 ....z ",en :IE o ;;0 '" " o s: '"0 r rn -< rn o " " " ~;'.2. o .. G ~ !l t~ I~ i ~ ~ '"0 rn-< ;;O:J: (5Ui o s: ~~ "'0 <1" ,.", ro en -1Qog O~3:d Co;:2 -I i >;;am> -< rn ....'" r " rnoo " 0" s: '" ;g~ ",,,, ....z "'.... ....'" 0,. I:!! ~ Zz en" "'''' " '" .... ~o ~~ G) '" " . '" ~ ~ I ~ ~ * I ! ~ i i :E~-1 -l:;!o "'-.... "'z,. ~~r Orn " S- o !l rn >< :J: lD ~ =i 3 0 ~-o o "- S' e ro .e, C/l (") ::J: m o c r- m o ." < )> r- c m C/l --, 168 8 ,---- -,---- C III - CIl m >< :::r rr '" c c (') 0 CIl ::l tJ> " " 5 ~ c ~. CD - II o' ::l en ~ CD' ~ G) () o :P o , w Z::l C < 3 0 C' -. CIl " ~ CIl ;o~ CIl CIl " < !e. o' :P < c CIl tJ> c..;;: ;';0 ai" ~ 'tlCllro ~ <" -. CIl o a. c. 'tl 6' ::l ~ ~ en ~ 3 S'o"OC = c Q) CIl tJ> c..;;: -I ::r (ii' ~ "CS'oo (1) - II :::!. (1) oC. m C. ro III S"Dr ~ ~ m !!!.CIl --I o en - o ~ CIl C. s: III - CIl ~ iii' U; ;0 CIl " o ~ C. :P + ro () l.G jj. v TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount .......,.................,.................................$ Sum of previous Change Orders Amount .......................................$ This Change Order Amount ...........................................................$ Revised Agreement Amount........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Director (For use by Owner: Fund Cost Center: Number: ) Date: Object Code: Project GC-CA-E-5 16 g'8 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 16B 8 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2008 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2008 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2008 OWNER By: Type Name and Title GC-CA-F-2 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as 168 8 ,2008 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days, Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO If any of the above is not applicable, indicate by N/A. explanation, Acknowledgments: By Contractor: 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10, Consent of Surety received on 11, Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 1613 8 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; GC-CA-H-1 168 8 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 168 8 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 16B 8 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC-CA-H-4 168 8 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement,. Contractor shall continue to perform the Work required of it under. this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager. 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 filed or reasonable evidence indicating probable filing 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 by Contractor. GC-CA-H-5 168 8 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone GC-CA-H-6 168 8 other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 168 8 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 personnel; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any. problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction, The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and GC-CA-H-8 168 8 dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, 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 suppliers and contractors as setforth in Paragraph 12.2. herein. 9.2 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. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 168 8 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted GC-CA-H-10 168 8 above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 168'8 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. GC-CA-H-12 16B~8 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 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, worker's 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 Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 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. 15. CLEANUP AND PROTECTIONS. 15.1 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. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. GC-CA-H-13 16 B :~8 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. 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. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. 17.2 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. 17.3 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against GC-CA-H-14 168 8 the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or GC-CA-H-15 168.8 employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. GC-CA-H-16 16B '~;8 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 Substantial 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's GC-CA-H-17 168..8 Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC-CA-H-18 16 B '8 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 16 B~'8 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 16B'8 shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 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 for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 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. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of 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 Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order 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. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 168.8 encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 168 8 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. GC-CA-H-23 1688 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 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. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all GC-CA-H-24 16B 8 Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor cornmencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such GC-CA-H-25 168 8 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on,a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. GC-CA-H-26 _,~_~~~_._~__." <M"',,_ _.~..... __..."__.,."",,,~~..___~_..........,_ 168 8 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports GC-CA-H-27 168 8 34.1.30 34.1.31 34.1.32 Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. 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. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, GC-CA-H-28 168 8 FAC. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762, FAC. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA-H-29 168.'8 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. 2. Each bridge project will be awarded to the lowest, responsive and qualified bidder. GC.CA-I-1 168 8 EXHIBIT J TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATION 530.78 ARTICULATING BLOCK MAT 530-01 Description Install a reinforced concrete channel and slope protection system as indicated on the plans by furnishing and placing an approved grout-injected fabric-formed articulating mat. 530-02 Materials Material shall meet the following requirements of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction: Item Cement Pozzolans and Slag Water Concrete Admixtures Fine Aggregate Plastic Filter Fabric Section 921 929 923 924 902 985 Aggregate grading shall be consistent and shall be well graded from the maximum size which can be conveniently handled with available pumping equipment. Grout shall consist of a mixture of Portland cement, fine aggregate, and water proportioned to provide a pumpable slurry. The mix shall obtain a minimum compressive strength of 3,000 psi at 28 days. The air content of the mixed grout shall be in the range of 1% to 6%. Fabric forming material shall consist of specially woven, double-layer, open salvage fabric joined in a mat configuration. The fabric shall consist of uncoated synthetic yarns with sufficient tensile strength and porosity to withstand the pressure of the grout injection pump without breaking the layers of fabric. Fabric shall be woven to provide articulation bands surrounding grout filled blocks. Bands shall control block dimensions and act as filter strips to provide relief of hydrostatic uplift beneath the completed mat. The grout blocks shall measure 6" x 30" x 30". Spacer cords capable of a tensile strength of at least 600 pounds shall be woven between the layers at the required distance to control the mat thickness. Tensile reinforcing cables shall be provided at 12" centers transversely and longitudinally. Cables shall be 11/32" nylon cable with a breaking strength of 5,200 pounds. Cables shall pass through cable ducts between adjacent blocks. Each block shall contain a minimum of 2 transverse cables and 2 transverse cables. GC-CA-J-1 168 8 Additional mat used at piles and placed beneath the articulating block mat shall be a filter point mat without reinforcing cables. 530-03 Construction Requirements Clean, clear, and grade channel bed and slopes to approximate existing elevations and grades. Remove and dispose of all obstructions such as roots, projecting stones, and existing slope protection. All depressions shall be filled with compacted layers of select fill. Install plastic filter fabric over graded surface in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction Section 514. Position fabric mats with cable reinforcing cables at locations shown on the plans. Each panel shall be continuous or monolithic for full width, and seams shall be vertical. Adjacent fabric panels shall be joined before grout injection by field sewing with nylon thread. Where adjacent panels cannot be joined in this manner, or where specified, adjacent panels shall be lapped a minimum of 3 feet. Simple butt joints not permitted. Grout shall be introduced into the space between the layers of fabric. Inject grout in such a way that excessive pressure on the fabric envelope and cold joints are avoided. A cold joint is defined as one in which the pumping of the grout into a given form is discontinued or interrupted for more than 45 minutes. Only approved mixing and pumping equipment shall be used in preparation and handling of grout. Oil or other rust inhibitors shall be removed from mixing drums, stirring mechanisms, and other portions of equipment in contact with grout before the mixers are used. Pumping equipment shall have a variable flow rate to provide enough pressure for pumping without breaking the fabric. If blisters or blowouts occur during grout injection, repair or replace section affected to match adjacent surfaces. Follow manufacturer's recommendations for sequence of injecting grout. Submit proposed grout injection plan for review. 530-04 Method of Measurement Articulating block mat will be measured in square yards, complete, in place, and accepted, based on the dimensions shown on the drawings. Quantity will be computed from projected horizontal dimensions. No slope adjustment will be made. 530-05 Basis of payment Payment will be made at the Contract Unit Price for the following: Item 530-78 Articulating Block Mat - per square yard This payment will be full compensation for all materials, labor, equipment, excavation, backfill, manufacturer's installation supervision, and incidentals necessary to complete the work. Include the cost of cleaning, clearing. and grading the existing slope and channel in the Contract unit price for Articulating Block Mat. Include cost of providing and installing plastic filter fabric in the Contract unit price for Articulating Block Mat. Include cost of providing and installing 6 inch thick filter point mat at pile locations in the Contract unit price for Articulating Block Mat. GC-CA-J-2 EXHIBIT K PERMITS Applications have been made for all permits and should be available at time of contract award. GC-CA-K-1 168 8 168 8 EXHIBIT L STANDARD DETAILS GC-CA-L-1 168 8 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 16B 8 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 16818 MEMORANDUM Date: April 13, 2009 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #08-5135: "Bayshore Drive and Thomasson Drive Stormwater Improvements" Contractor: Kelly Brothers, Inc. Attached please find the original contract, as referenced above, (Agenda Item #16B8) approved by the Board of County Commissioners on Tuesday, December 2, 2008. The Minutes & Records Department has also retained an original copy which will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-7240. Thank you <ti J~Q' tYwt= CloJ~~,\l!" J- fY 111~ ~ t--dv . Ur+iCt U~ 'HE (Y /''"\(\ ~l.- nOtJ~.'1\'~~""-,\", t', _1,,,,, \.u\ ITEM N .: rn - ~\2.-C U\ t1>~ TE REC~.{V. 'E~'i' I! r ,''- nl!l ~;::: ~l ",.,... FILENO. J5t ~; h. -2n7q i!f'ri -6 1'1 9 54 ~~ ~ ~ ~12-flf/7//) J~7,)1 I ES~ &1 p1!Pf I // Date: April 2, 2009 V ,.... n ::0 I --.1 --i :c l'lfTl .~. To: FrOID(!) Brenda Brilhart Purchasing Agent 239-252-8446 ,-..> = _::_'::l .0 Re: Contract #08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well_ Road) Contractor: Kelly Brothers, Inc. -n 3 C1' BACKGROUND OF REQUEST: /' This contract was approved by the BCC on December 2,2008; Agenda Item 16.B.8 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Please forward to BCC for signature after approval. Ifthere are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. ..... I) (NS,<,'I.ANl'<.. ol. ) e)<. f'l'u,t't:J,e' s {/<<=.t..71r-tl'ttrr-' fMv'G fY-f'u<l;> -Ati..cl\t,( .e1f'f'f.J.. fJl'bJ'1.'<'.- 'fTIT/'-'G C97U ..i.,'{b.U/f-rlL''-f fl*""'- ~ \I'((}\\(.(' 0.0-0 '\ ~ 0,:1 T /Ll~7'e/t r1..!J"'-/C'J2f!r{""..us 01J'-Yh_ 1iL.'FD SN<Cf' ( A T7-'\Ct:(IO'lj. t'h,f;61S'Z- VtE- $a6/L{fT USctu {~S**'l' k-LS =t+; / RLS # D9- jJ/tr' -- f') /1 sc? CHECKLIST FOR REVIEWING CONTRACTS Entity Name: I)€:LL'-/ I AR.t) rltt~ ~ J ItU~, Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Halder name carrect (BCC)? Commercial General Liability General Aggregate Required $ "Z VIA \ L Products/Campl/Op Required $ Persanal & Advert Required $ __ Each Occurrence Required $ Fire/Prop Damage Required $ Automobile Liability Badily Inj & Prop Required $ 7....." \... Workers Compensation Each accideut Required $ I It, ( v Provided $ i M ( L Exp Date j;' I f I PC[ Disease Aggregate Required $_,,_ Provided $''_--'-'_ _ Exp Date _'"I' " Disease Each Empl Required $ Provided $_-'-'__ Exp Date _~ Umbrella Liability Each Occurrence Provided $ .')' loA I L Exp Date ,;;,'11 ) oq Aggregate Provided $ -----.U...___ Exp Date ~ Does Umbrella sufficiently cover any underinsured portion? ~___Yes Professional Liability Each Occurrence Required $__. Per Aggregate Required $__ Other Insurance Each Occur Type:i-l,,~f""'f Entity name correct on contract? Entity registered with FL Sec. af State? "d Exp. Date 9( I /0'1 .' {;; ~.Aju2~ Exp.DatcE-.. " If- -~~ Exp. Date _ Exp. Date _" Exp. Date Exp Date 8/I,JOCI _",/Yes JL"Yes No No JL' Yes ---.JL' Y es ......1L"Yes __..v-::Yes No No Na No Provided $ ~ 2- \\A \ L-". Provided $ l ( Provided $ '1.\;\1 ( __ Provided $ ......lJ__..... Provided $ SO)~2_ Provided $ \ VIol ( L-.. No Provided $___",,_ Provided $ Exp. Date Exp. Date 16B 8 Required $- \". _"_ Provided $ 1 M [ L Exp Date ~ County required to be named as additional insured? County named as additional insured? Indemnification Does indenmification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? v'Yes Na C/'Yes --- No ,/ Yes No - Yes --\,.,LNo Yes - No -..LYes No ~es -- No ._v'Yes <,l. Yes _\LYes .,,-\7'" Y es VNo --eL...No No No " V-Yes V Yes _ vYes Na Na No _--VYes No Reviewer Initials: Date: 04-COA-01030/222 www.sunbiz.org ~ Department of State Page 1 of2 168 8 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search I Submit I Events No Name History Detail by Entity Name Florida Profit Corporation KELLY BROTHERS, INC. Filing Information Document Number 656515 FEIIEIN Number 592069592 Date Filed 02/20/1980 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/06/2000 Event Effective Date NONE f'!l!1_~al Addresli, 15775 PINE RIDGE ROAD FT. MYERS FL 33908 Changed 01/13/1993 Mailing Address 15775 PINE RIDGE ROAD FT. MYERS FL 33908 Changed 01/13/1993 ~egistered Agent Nam,e & Jl.ctdress KELLY. DANNY M 15775 PINE RIDGE ROAD FT. MYERS FL 33908 US Name Changed: 01/21/2000 Address Changed: 01/20/1994 Officer/Director Detail Name & Address Title PSTD KELLY. DANNY M. 15775 PINE RIDGE RD FORT MYERS FL 33908 \ Title V BAUTISTA. CRESENTE 15775 PINE RIDGE RD. FORT MYERS FL 33908 \ \ http://ccfcorp.dos.state. tl.us/scripts/cordet.exe')action~DETF1L&inq_ doc _ numbcJ=656515... 4/6/2009 www.sunbiz.org- Department of State Annual Reports Report Year Filed Date 2007 03/13/2007 2008 03/21/2008 2009 02/18/2009 Document Images 02/1 B!201l9,- ANNUlIL I,FI'OR! [ 1l3i21/2008 -- ANNUAl I,FI'OIrT I 03/13/2007 ANNUAL RFI'ORT r 04/27/2006 -- ANNUf\L REI/ORT [ 08/2f)/2oo5 .. ANNUAL REF/ORT r 01/05'2005 -- ANNUAL REPORT [ 1l1/12/2004 ANNUAL REPORT [ 01/15:200/J ANNUAL REPorn [ 02101/2002 -- ANNUAL RLPORT [ 01/23:2001 ANNUf\L FiEPORT r 01/21!2000 ,- ANNUAL REI'OR1 [ 0-liOG!2000 Arnendrnnnt 01i20!1flf)9 .. ANNUAL REF/ORT I 01!2(]/190ll, ANNUAL F,EF'ORT [ 01/15'1\)01 ;,NNUAL REI/ORT [ 01!2~i19q6 ANNUAL FU::.FOnT r 01/24/1095 -- I\NNUAL I,[yorn r Page 2 of2 168 View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format I View image in PDF format ] View image in PDF format ] View image in PDF format ] View image in PDF format ] t.~~~~~,!..~.~~...i_~._.~.9.~..?.~~!~~~_~~~9_~_Se_~__~~_~_~~_~_~_!~iL~~_~~.~?~_~.~,9~.~!~~J Previous on List Next on List Events No Name History Return To List Fntity Name Search I Submit I http://ccfcorp.dos.state.fl.lIs/scripts/cordet.exe?action=DETFIL&inq_ doc number=656515... 4/6/2009 168-8 MEMORANDUM TO: Jeff Walker/Ray Carter Risk Management Department FRo~renda Brilhart, Purchasing Agent ~urChaSing Department DATE: April 2, 2009 RE: Review of Insurance for Contract No. 08-5135 Bridge Repairs (Chokoloskee, Green Boulevard and Oil Well Road) Contractor Kelly Brothers, Inc. This Contract was approved by the BCC on December 2, 2008, Agenda Item 16.B.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. RECEIVED APR 0 ;, 2009 cc: Marlene Messam; TECM RISK MANAGEMENT "\ ? ....j /-)pdt / iJri ( / ",.,_ l "-"1'/ / / ..., IJe ~f-"l. r 16B 8 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) COLLIER COUNTY BID NO. 08-5135 COLLIER COUNTY, FLORIDA Design Professional: TBE Group/Stanley Consultants COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 ORIGINAL 168 8 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by TBE Group/Stanley Consultants and identified as follows: Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) as shown on Plan Sheets 1 through 48. EXHIBIT N: Contractor's List of Key Personnel 168 8 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) COUNTY BID NO. 08-5135 Separate sealed bids for the construction of Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) , addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Governrnent Cornplex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 29th day of October 2008, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 10:00 a.m, LOCAL TIME on the 15th day of October, 2008, at which time all prospective Bidders may have questions answered regarding the Bidding Docurnents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road), Bid No. 08-5135 and Bid Date of October 29, 2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC~P~1 through GC-P-14) shall be removed from the Bidding Documents prior to submittal. Each bridge project will be awarded to the lowest, responsive and qualified bidder. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.collierqov.netlbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed GC-PN-1 168 8 resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys~in~fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and Countyordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within calendar days (specified in table below) from and after the Commencement Date specified in the Notice to Proceed. Project Days Days Final Total Substantial Completion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Goodland 90/100 20/20 110/120 Oil Well Road 100 15 115 The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 29th day of September 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Isl Stephen Y. Carnell. C.P.M. Purchasing and General Services Director GC-PN-2 168 18 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P~14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 168 8 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3, Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days frorn opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. RiQht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. Section 5. Si!:lninq of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address GC-IB-2 168 8 and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7, Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. GC-IB-3 168 8 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its obseNations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional sUNeys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Reauirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not GC-IB-4 168 8 conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of Collier County business to receive awards. A "local business" is defined as a Collier County business that has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well~being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (Le., the lowest local bidder) shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local GC-IB-5 168 8 bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), than award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non~local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their proposal response, the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their proposal response will preclude said Bidder from being considered for preference on this solicitation. A vendor who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. The County may, as it deems necessary, conduct discussions with responsible bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 12.3 The Award of Contract(s) shall be issued to the lowest, responsive and qualified Bidder(s) determined on the basis of the total base bid for each individual project (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.4 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.5 For Bidders who may wish to receive copies of Bids after the Bid opening, the Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Ge-IS-6 16B 8 Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permiUfee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de~certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major Ge-IS-? 16B 8 subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts 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. Section 17. Public Entitv Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-8 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.coIliergov.net/purchasing ADDENDUM DATE: October 9, 2008 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #1: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 1 covers the following change for the above~referenced Bid: REMOVE the entire Goodland Bridge No. 030184 (CR 92 over Marco Channel) component from this solicitation. This bridge may be bid out separately once further investigations are completed. CHANGE: If price savings would warrant, the County is considering awarding the work on a job by job basis or collectively as one contract. Revised Bid Schedule attached. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager Enc: Bid Schedule 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252~8446 www.colliergov.netlpurchasing ADDENDUM DATE: October 21, 2008 TO: I nterested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 2 covers the following change for the above~referenced Bid: Question 1: The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in only 4" thick. I would like to know which of the following products will the county accept for this project: FP400 = 4" thick / 8" filter point spacing or FP600 = 6" thick /10" filter point spacing Answer: A 6" thick mat is required, The 10" filter point spacing (FP600) will be acceptable. Question 2: The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30" x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick Articulating Block Mat is 30" x 30". I would like to know which of the following products will the county accept for this project: AB600 = 6" thick / block size 20" x 20" or AB1200 = 12" thick / block size 30" x 30" 168 8 BID 08-5116 Addendum #1 Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable. Question 3: The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell system. Please specify what thickness and system the county will accept for this project. Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved equal. This is an open cell block with a Nominal Depth of 4.75 inches. You can find Contech's Armorflex brochure at: http://www.contech-cpi.com/med ia/assets/assetlfile name/54/ARMORTEC ArmorFlex2.pdf You can find Contech's Armorflex specifications at: http://www.contech- cpLcom/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf Question 4: What type of Plastic Filter Fabric is to be used under the Articulating Block Mat? Answer: The filter fabric requirement's are outlined in the Armorflex specification mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave Ziggler, 407-810-4935) recommends using Geotex 2x2 HF. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager 2 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.colliergov.net/purchasing ADDENDUM DATE: October 21, 2008 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #2: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 2 covers the following change for the above-referenced Bid: Question 1: The specifications called for a 6" thick filter point mat to be used around the bridge piles and in the plans it is calling for a 6" filter point mat. This has caused some confusion, a 6" thick filter point has filter points spaced 10" on center. Where a mat with 6" filter point spacing is not made. I did see where the county has stated that a 8" filter point mat will be accepted, the 8" filter point mat in only 4" thick. I would like to know which of the following products will the county accept for this project: FP400 0= 4" thick / 8" filter point spacing or FP600 0= 6" thick /10" filter point spacing Answer: A 6" thick mat is required. The 10" filter point spacing (FP600) will be acceptable. Question 2: The specifications for the Articulating Block Mat call for a 6" thick block that has a block size of 30" x 30". The 6" thick Articulating Block Mat has a block size of 20" x 20" and the 12" thick Articulating Block Mat is 30" x 30". I would like to know which of the following products will the county accept for this project: AB600 0= 6" thick / block size 20" x 20" or AB12000= 12" thick / block size 30" x 30" 16B 8 BID 08-5116 Addendum #1 Answer: A 6" thick mat is required. The 20" x 20" (AB600) will be acceptable. Question 3: The specifications for the Chokoloskee Bridge calls for the IECS Cable Concrete Articulating Block Mats, but does not specify what thickness or if the blocks need to be a closed or open cell system. Please specify what thickness and system the county will accept for this project. Answer: The articulating block shall be Contech Armorflex 30s or an engineer approved equal. This is an open cell block with a Nominal Depth of 4.75 inches. You can find Contech's Armorflex brochure at: http://www.contech-cpj.com/media/assets/assetlfile name/54/ ARMORTEC ArmorFlex2. pdf You can find Contech's Armorflex specifications at: http://www.contech- cpi.com/media/assets/assetlfile name/4913/ArmorFlex 305 General 5pec.rtf Question 4: What type of Plastic Filter Fabric is to be used under the Articulating Block Mat? Answer: The filter fabric requirement's are outlined in the Armorflex specification mentioned in the answer to Question 3 above. Contech's Armorflex representative (Dave Ziggler, 407-810-4935) recommends using Geotex 2x2 HF, If you require additional information please call me at 239/252~8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager 2 168 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252~8446 www.colliergov.net/purchasing ADDENDUM DATE: October 28,2008 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #3: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum # 3 covers the following change for the above-referenced Bid: The due date for this bid has been changed to NovemberS, 2008 at 2:30 p.m. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager 16B 8 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 252-8446 www.co1liergov.net/purchasing ADDENDUM DATE: October 28, 2008 TO: Interested Bidders FROM: Brenda Brilhart, Purchasing Agent SUBJECT: Addendum #4: Bid # 08-5135 - Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Addendum #43 covers the following change for the above-referenced Bid: REPLACE: Chokoloskee Signed and Sealed Plans - changes include the following: 1. On Sheet 4: Concrete pavement detail, changed 4" concrete pavement to articulated block. 2. Sheet 4: Concrete finish coating detail, added railing to the limits of finish coating. 3. On Sheet 6: Regrade slopes note 2, removed note since it is included in note 3 of the adjacent section. 4. Moved from sheet 6 to sheet 8: Seawall repair and slope protection repair items. 5. On Sheet 6: Added carbon fiber repair, bridge railing repair, and legend notes. 6. On sheet 6, Removed "replace existing rip-rap with International Erosion Control Systems' "Cable Concrete" or engineer approved equal". It was our intent to replace this material with Contech Armorflex 30s or engineer approved equal. Both IECS CC35 and Shoretec BD-4000c are also acceptable choices for the slope protection repair. 7. On sheet 8: Added expansion joint, bridge railing, and guardrail repair item notes. It is our intent that replacing and resetting the hazard markers is included in the cost of the guardrail repairs. QUESTIONS & ASNWERS: Q: The filter fabric used under the articulating block mats is calling for Geotex 2x2HF, I would like to know if Mirafi FW404 will be an approved equal and I would also like to know if this fabric is to used be under the Articulating Block Mats and the AB600 mat or will another 168 8 product be required under the AB600 mat and if so please specify what filter fabric is to used under the AB600 mat? A: The filter fabric used under the grout-injected fabric-formed articulating mat used on Bridges 034014, 030153 and 030154 shall meet the requirements of Section 985 of FOOT Standard Specifications for Road and Bridge Construction and FOOT Standard Index 199. Q: In the plan details for the Chokoloskee Bay Bridge Repair, page number 6 listed under the slope protection repair notes it says to replace existing concrete slope pavement with International Erosion Control Systems Cable Concrete or engineer approved equal. I see that the county has now approved through the answer question section the Armorflex 30s as an equal, I would like for you clarify that the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats that was originally specified on this project is also acceptable A: Yes; the IECS Cable Concrete CC 35 Open Cell Articulating Block Mats are also acceptable. Q: What is the approximate minimum and maximum rate of flow at each bridge? A: The following maximum velocities were obtained from the FOOT Bridge Scour Reports and are based on the overtopping event: Bridge 034014 3.6 fps Bridge 030153 8.7 fps Bridge 030154 9.3 fps We were unable to obtain minimum velocities. If you require additional information please call me at 239/252-8446 or bye-mail at brendabrilhart@colliergov.net. cc: Marlene Messam Project Manager Encs: Project Photos Pre-Bid Sign In Sheets Pre-Bid Recording Approved Product List Signed & Sealed Plans 2 168 8 APPROVED PRODUCTS LIST - BID 08-5135 List of aooroved oroducts for Bridl!:es 034014. 030153. and 030154: 1. Filter Point Mat for pile armoring to be 6" thick grout-injected fabric-formed mat as manufactured by: a. Hydrotex b. Fabriform c. Any product meeting requirements ofTechnical Specification 530.78 2. Articulating Block Mat to be 6" thick grout-injected fabric-formed mat as manufactured by: a. Hydrotex b. Fabriform c. Any product meeting requirements ofTechnicai Specification 530.78 3. Filter Fabric shall meet the requirements of Section 985 of FOOT Standard Specifications for Road and Bridge Construction. This section also refers to Standard Index 199. List of aooroved oroducts for Bridl!:es 030161: 1. Armorflex 30s, IECS CC3S. and Shoretec BD-4000c are all acceptable choices for the slope protection repair on the Chololoskee Bridge. 2. Geotex 2x2 HF and Mirafi FW404 filter fabric are acceptable for use under the articulating block slope protection repair on the Chokoloskee Bridge. 3. Filter fabric shall meet the requirements of Section 985 of the FOOT Standard Specifications for Road and Bridge Construction. and FDOT Standard Index 199. 1lpage 168 8 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bri~ge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) BID NO. 08.5135 Full Name of BidderKelly Brothers,lnc. Main BusIhess Address 15775 Pine Ridge Rd. Felt Myer'S, FL 33908 Place of Busi ness Satne as Main Busines" Address Telephone No. 239/482-7300 State COhtractor's License #GGC062389 Fax No, 2391482.8014 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only Person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bo Ms, and the Contract Drawings and Specifications. Bidder propOSeS, and agrees if this Bid is accept(ld, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary maGhinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the ContraGt, and to qo all other things required of the Contractor by the Contract Documents, and that it will take full payment the sumS set forth in the following Bid Schedule: NOTE: If you chOOSE! to bid, please submit an ORIGINAL and ONE COpy of your bid pages. (JUt GG-P-( 168 8 BID SCHEDULE Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Bid No. 08-5135 Bid Scheduled Provided Under Separate File If not submitting bid electronically, submit excel file on CD ROM. Each bridge project will be awarded to the lowest, responsive and qualified bidder. GC-P-2 168 8 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to util.iie on this project No change will be allowed after submittal of Bid. If substitute material proposed and listed belOW is not approved by Engineer. Bidder .shall furnish the manufacturer named in the. specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE. DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Repair Epoxy BASF 2. 3. Concrete. Schwab Ready Mix, Inc. Pile Jackets Five Star Products 4. 5. BY: Dated 11104/08 Cresente Bautista GC-P-3 168 8 LIST OF SUBCONTRACTORS The undersigned s(ates that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work id\lOtified b(llow, and that such list will not be added to nor altered without the pripr written conse.nt of the Project Manager: The undersigned further acknowledges its responsibility for ensuring thanhe Subcontractors listed herein are "qualified" (as defined in Ordinance 87"25 and Section 15 of Instructions 10 Bidders) and meel all legal requirements applicable to and necessitated by the Contract Documents,lncluding, but not limited to Proper licenses, certifications, registrations and insurance coverage, The Owner reserves the right to disqualify any Bidder who includes non-compliant Or non- qualified Subcontractors in its bid offer, Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, Which is found to be non-compliant with this requirement either before or after the issuance of the}\ward of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance wi.th the requirements. of the Contract Documents, the Successful Bidder shall identify all Subcontrqc(ors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this PrOject must be qualified as noted above. Cateaorv ofWorl< Subcontractor and Address 1. Articulating Block Material TelTa Firma ElwifOnInental 2. 3. 4. 5. BY: Cresente Bautista Dated 11/04/08 GC,P,4 168 8 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the. last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Sanibel Causeway Bridge; Fender Syslcin andScawall Liz Howard - 239/633-8363 2. Golden Rod Bridge in Marco I.lalld, FL Jason Williams - 239/389,(;018 3. Winlerbeti'y Ilridge in Marco tslaI1d, FL Paul Carrol, 239/939-141.4 4. Kosinski Bri<lge Replacement ill Placida, FL Scott Korpi - 813/996-2800 5. Lantern Lakes Bridge in Naples, FL Oeorge Archibald - 239/213-5003 6. BY: Creserite Bautista Dated 11104108 GC,I'-S TRENCH SAFETY ACT 168 t\:4;8 Bidder ackno.....leqges that includeq in the various items of the bid and in the TotalBiq Price are costs for complying with the .Florida Trench Safety Act (90~96, Laws of Florid;:l). effective October 1, 199.0. The Bidder further identifieS the cost to be summarized below: Trench Safety Measure (Description) 1 , Sleel slleel pHe. 2. 3. 4. 5. Units of Measure (LF,SY) SF Unit (Quantity) Unit Cost Extended Cost 4,2~0.OQ Failure to complete the above may result in the Bid being declared non-responsive. Dated 1 li04/Q6 250 17.00 TOTAL $4,250.00 BY; GC.P.6 CresenteBautista 168 8 (i).~ .. .. . '". . ' AFFIDAViT FOR CLAIMING STATUS AS A LOCAL BUSINESS ITB#:08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) STATE OF FLORIDA and the COUNTY OF COLLIER BIDDE;R AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLlCY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS OEFINED IN SECTION X1 OF THE COlLIER COUNTY PURCHASING POLlCY; "Local Susiness" means a CollierCountv businesS that has a valid occupational license issued bv Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or s~rviceli to be purchased, a.nq a. physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physiC<:l1 address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to. the retention and expansion of employment opportunities, the support and incre<:lse. to the County'S tax base. and residency of emploY13es and principals of the business within Colli~r County, Vendors shall affirrn 111 writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local bl.Jsiness" under this section. A vendorwho misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege t6 claim Local Preferflnce status for a period of up to one year. Please providfl the following information for the Bidder: Year Business Established in Collier County: N/A Number of Employees (Including Owner(s) or Corporate Officers):N/A Number of Employees Living in Collier County (Including Owner(s) or Corporate Officers): NlA ~ GC,P,7 16 B'~8 If requested by the County, bidder Will be reqllired ,to provide documentation sl,JlJstantiating the inform lion given in this affidavit. Faill,Jre to do so will resl,Jlt in bidder's sl,JbmissiO 'ng . eemed not applicable. Kelly Brothenl,ln Bidde N/A Signature N/A Title STATE oR FLORIDA CQUNTY OF COLLIER Sworn 10 and Subscriped Before Me, a Notary Public, for the above Stat13 and County, on this N/A Day ofN/A ,20N/A N/A Notary Public My. Commission Expires: N/A (AFFIX OFFICIAL SEAL) CS0- GC-p,g 168 8 Upon notification that its Bid has been awarded. the Sqccessful Bidder will execute the Agreement form attached to the Bidding Documents within ten (to) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contra.ct Documents. The bid security attached is to become the property of the Own.er in the event the Agreement, Ins.urance Certificates and .Bonds are flot executed and delivered to Owner within the tirne above set forth, as liquidated darnages, for the delay and additional expense to the Owner, it being recognized that. since time is of the essence. Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to QWnerthe require<iAgreement. Insurance Certificates and Bonds witpin therequired time period. In the event of such failure, the total amol.Jnt of Owner's damages, will be difficult, if not impossible, to definitely ascertain and ql.Jantify, It is hereby agreed that it is appropriate and fair that OWner receive liquidated damages from the Successful Bidder in the. event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successfld Bidder herebY expressly waives and relinquishes any right which it may have to seeRto characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely rnanner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement datEi. The undersigned further agrees to substantially complete all work covered by this Bid per project site within conseGutive calendar days in the table below. computed by excluding the commencernent date and including the last daY of such period, and to be fully completed to the point of final acceptance by the Owner Within consecutive calendar days specified in table below after Substantial Completion, computed by excluding commencement date and including the last day of such period. Project Days Days Final Total Substantial Completion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Gbodland 90/100 20/20 110/120 Oil Well Road 100 15 115 ~ GC-P-9 16Bf~8 Respectfully Submitted ~ State of Florid. County of Lee CresenleBautislll .. . . . being first duly sworn on oath deposes and says that the Bidderontha above Bid is organize(i as indicated anc:l that all statements herein made are mada on behalf of such Bidder and that this deponenUs authorized to make them. Cresenie Bautista. . .' . .. . . .' . . also deposes and says that ithasexaminedand carefully prepared its Bid from the Bidding Documents. including the Contract Drawings and Specifications and has checked the sarna in dE'ltail before SUbmitting this Bid; that the statements contained herein are true '1nd correct. (a) Corporation The BiddE'lr is a corporation organized and existing under the laws of the State of operates under the legal name of . and the full names of its florida ) which Kelly Brotllers, In~. offigers are as follows: Ptesidehtpaimy Kelly SecretatyUanoy Kelly TreasurerDal1ll}'](e1ly Managercresente Bautista - Vice President The Vice President is aulhorizE'ld to sign construction bids and. contracts for the comp!inY by action of its Board of DirectorS taken August 17,2005 ." ..' ,a certified copy of whiCh is heretoattacned (strike out this last sentence if not applic'1ble). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose fulll1al11es are as follows: N/A. N/A CM1 ac-p,lO 168 8 The co-partnership <;Ioes bUsiness un<;ler the legal name of: NlA (c) Individual The BiddeCis anindividua! whose fl!lI name is NIA and if operating under a trade name. said trade name is NIA Kelly Brothers, Inc. legal entity BY: Vice President Title STATE OF FIQrida COUNTY OF Lee The foreg(}ing instrument waS acknClwledged before me this 28th day of October 2008. byCresenteBautista ,as' Vice President of KellyBrothel1l,l1rc. ,a Florida corporation, on behalf of the corporation. He/she is personallY known to me or has produced personally k110wrt tome as identification and did (did Mt) taRe an oath. My C(}mmlsslon Expires: NAME: ( ignature of Noary ;j,~+hef J./O'j /u nd (Legibly Printed) . (AFFIX OFFICIAL SEAL) ~-------HEA1HER HAGLUI~O ~~l MY C.dMMISSIO.N #00643646 , EXPIRES: fEa 25, 1011 ~~8onded'\hroUghl"Stat'lnsurance Notary Public, State of Florida Commission No.: DCJ..c1.:\3tbYpj OC-P-II 168 8 Occ 24 De 12.151" KELLY Brochers Inc. 23s~4e2-8014 1'.3 BID BOND KNOW ALL MEN BY THESE PRE:.SENTS, that we KELLY BROTHERS. INC. ,(fU'lIJ (hereinafter called the Princip@and Tra.velers Casualty and Surety Company of America ' (herein called the Surety), a corporation chartered and (lXistlng Ul'lder the laws of the State of Connecticut . with i\S principal offices in the city of Hartford and authori<:ed to ,do business In the State of Florida are held and firmly bO,und unto the Collier Countv (hereinafter called the Owner). in the: full and just sum of Five Percent of Alllount Bid . dollars ($ 'it: of Bid ..' ) gOOd and lawful m~mey of the United Slates of America. to be paid upon demand of the Owner. to. which payment well and truly to bEl made, the Principal and the Surely bind themselves. their hell'$. <lnd execulors. administrators. and assigns, jointly and severally and firmly by these presents. Whereas, the Principal Is. about 10 submit. or has submitted to the Owner, a Sid for furnishing all labor.. materials, equipment and Incident<;lIS necessary to furnish, install. and fully compl~te the Work on the project known as : Bridge R~pairs (Chql<oloskce, ~oodlalld. Green Soulo\lard and Oil Well Road) Bid No. Q8-5135 NOW, THEREFORE. if the Owner shall accept the Bid qf the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten dayS after the date of a written Notice of Award In accord(lnce with the terms of such Bld,and give such Qond or bonds In an amount of 100% the total contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful perfol'lT1ance of the Agreement and for the prompt payment of labor, materla.ls and supplies furnished ih the prosecution thereof or, in the event of the failure of the - . PRINCIPAL to enter into such Agre:ement or to give such bond or bonds. and deliver to Oymer the required certificates of insuranc~, if the PRINCIPAL shall pay to the Oar..IGE:E the fixed sum of $ .5% of aid noted above as liquidated damages. and not as a penalty, as provided In the Bidding Documents, than this oblig<ltion shall,be null and void, otherwise to remain In full force and effect, GC-P,12. Dot 24 08 12:1Sp KELLY Brothers Ino. 239-482-8014 168 8 p.4 IN TES. TIMONY Thereof, the Principal and Surety have callsed thes~pr~ser\ts~o ~ :.... ., . . '.' ..., :. .' . . , .. .... .:. ~ " "-', ':- ' .-, . be duly signed artdsealed t is 29th day of October . 200~,',". "'.' ' '. BY' Charles J. Nelson. Attorney In Fact COlJnterslgned Princip~l . ' ,~. /. ',' (S.~al) Surety ($eal) Charles J'. Nielson Local Resident Producing Agellt for Nielson. Alter & Associates GC,P-13 16 B~8 --.. TRAVELERSJ WARNING: THIS POWER OF ATTORNeY IS INVALID WITHOUT THE RED BORDER rOWER OF ATTORNEY Farmington Ca'suaU,)' Compan~' FldeUty 31id Guaranty Insurance COnlpall)' Fldcllly and Guaranty Insurance Underwriters, Inc. Seaboard Surer)' Corllpany St', Paul Fire,and J\Iarlne InsUrance COmplUl)' St, Paul Guardian [1_ISurtmCe Company Sf. Paul Mercury Insurance Company Tra\'cJcrs CaSut'lU,r and SurdfCompan,' 'fnweIcrs Casunltr alid Silftt)' COnll)a1ij' of AlUtrict! United Stales Fidelity and Guarnnl)' COllllJanr AUorlle~'.In Fact No. 219140 c",m",.No. 00 2 4- 81222 KNOW AU. MEN BY THESE PRES1!:N"tS; ThaI St'abOard Surety Company is 11 cOfj:io~l.lliorldtl]Y otghnii~d <<Iider the laws or the Stale:-JJr Nb\. York. lhrit BL Paill Fire nnd Matinclustlrance Compan)>, Sl.'PaulGuardianJm;tlrllnce Comp<my and St. Paul Mercury IiNI...\IlC~ Comp"'l)' are corpomlions dlil)' organiied under 1~1t; laws. of theStiitt:' Of Mii'inesohif thai Friri11iiiglon Cllstililt)' Company, Tnwcler.$ Cn$ualtyand Surety C\lll,pnl1y.and Travelers Casualty and Surety CompimfofAmei"ka are corpornli'onsduly orgilnized under the laws of the Slaleof Connecticut. ,1h~11 Unitcq Stales:, FiJclil)' alldGVUl1lUty Company IS 11 eorpol1llion duly (lrgunilccllllld~r Lhe la\"s, of the SUite of r-.taryland, that FidelitY, arid GuaranI)' Ij)SLII':.lilCt~ Company is. ilcoqic)raltOll'dl1ly org_3niiccl,l'nder the'laws oFthe Slit\(" of 1'0\\':\, <'lndthnl Fillelitynnd dLlarrmty_lus:urance, UndeIWriLe[S~Jlle,js a CQrpordtiQII'{IU[y ofgllllized under Ih~ Jaw$ of Ihe Slate: of Wl$('OIl'Sin (hereillcollecth"dy called 1he "Com"'\Ili~"). alld Ih:ll the Coiilptmies. do hereby 1113ke.; constitutearidnppoinl Charles D. Nielson, Charles J, Nielson, Mal)' C, Aceves,Wauen M, Aller, Davld A.Hoover, (;ileal/a Pajari. Olga Igle$ias~ and Gloria McClure of the City of Miami Lakes 4 Sr,iieof Florida ,their lruealld Iilwfill AmjmC):(~)~in-F;lct each illlh.e~r sep.'\raie capacity ifmorelhan one hnamed' ~bQ\'e, IQ sign, execute, seal "nd-~ck,'owlcdge nnrantl,.11 bqnd$. rt=CQgllil:U1CC~, cOllJiiiolwl.onJCI1:lkhi~"~.nlld olller writing~ obli~:llory inlhe ll':'llure thereOIOll behalf OJ Ihe Ctimp.Lnie~ jn thdrbusil1ess" orJ~tlitralllc6ng the fiddity ofpcrl'olls"gu<lrontceing Ihe perl'onn:llll:c of contl1lcls,nnd ex.ecuting or guumnteeingpQnds' und lllldertllkillg~ required or pcnllil1ed in llllY 9"hi()ll~ or.p:il;tceeding~ ,dlowcd by 1:11'1. ,"-," ",]...-,' ""', 11th ','ii,_ IN,WI~"~~r'J~IEJU~OF, the Comp~5'OdULve cau$cd IhisillS~?\~l~:!)itd'~c, ~i~lIid day of .. . . . ~. '\ '',; ~ ,(~,"~:\'~~' "t-' Farmingta." Casualty Com'p'1\,I;}'"" .,.::!,\\ Fidellt}' and Guaran,y)rh~ul'ancc~Co~\lIHm,;.t_.! Fidelity andGmtri'uitylnsu~a'l\ce)'(jlld{'rw~:il~rs, Inc. Staboard Surttt COI'npnn}' Sf. Paul Fire and' i\lnrineIIlSllr:Lltce COll1)ll1ny SCills to he herelo'nflixed, Ihi~ $1. Plml Guardian Insunllll"t' Cnl\lpml~" Sl~ Paill ~Iel'tbr}' JnsurnilC"cCu'mpililY Tm,.clers Casually and Stm.,'ly Company Ha,'c1efs Cnsuully 3ndSlll'Cly COltlplll1~!or Ati.lerkll Unile(1 Slates l"i{lelil)' and Guonmtr eCIIIl])lln)' ~.~ .. \\~l 6- , . ~i~.'l ~~c ~"~' ..,,~j~~"~"~'~~*.\~+" ~"i"~~:"')~ \~E}l;.I;~! ;,,~_~W ,,;;:7 ~i~) S;,'?j) ~... Strite of Connecticut City of Hnnford SS, By' 11th March 20011 On ,his the dnr of I . .., before me pcr$on:tlly appearedGeorgeWTholllp"~on, whOil(.'kIl9,vlea~ed'hitriself to be the Senior Vice Presidellt ofFarmingtotl Casualty Comrany. Fidt'lity llild Guaranty JilsLIl'ullte Company. Fidelit'y and GllUr:ullyTnsllr.mce Underwritl'rs. lilt\. Seabomd Surcly Company,' 51. Paul Fire: lInd l\1flrine Insul1U1ce ComplIny. SI. P,llll Gllardlnn"ll~uralwc Camp.my, SL P:ml :\'lcrcmy Jn~ur:tl1ce Comp;l1lY: Twve!er:;. C.,sllillrj' and Surety COnll'imy, Trn\"elers Ca~lIal1y andSurcl)' Coillpony arAil\erictl~ nnd UnilttJ Stilte" Fidelity nnd Gllar.\llty COinplm)', aildlhttl he; :15 !>lIch, bcillg. nulflorized so to dO,exccLltC'd the foregoing imlwmell1 for llle purposes lherein conlt1iued bysiglling on belmlfoflhe corpomlions hy hilllSdf liS a duly llutlJorizfd anicer. In Witness Whereof, I hercunt(\s~tl1lY hand and onidal seal. M)' Commission expireslhe 30th day of Jllnc, 2011. 'tf\w c. j~ '-:'Ibrio: C Tt-li"e~'lI]l, No(~r)'PllNic 58440~5-07 PrInted In U.s;A. WARNtN : THI P W R F ATTORNEY 15 t VA 10 WITH H A BORD-R 168 8 G: p R F ATIORNEY IS INVALID WITHOU THE RED BORDER Tors Power of Attomey is granted under and by the authority of the followin,g resolutions adopted by lhe Boards ofDireclors of :Fannington Casualty Company. Fidelity and Guaranty Insuranc;e Company, Fidelity and Guaranty Insurance Underwriters. Inc.. $eaboard Surety Company. St. Paul Fire Bnd Marine Insurance CompanYi 51. Paul Guardian Insurance Company, St. Paul Mercury [nsuranceCo~pany. Travelers Casualty and Surety COrnpan!i, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company. which resolutions are now in full force and effect. reading as follows: RESOLVED,. that the Chairman,_ the President. any Vice Chairman. any Executive Vice President, any Senior Vice President. any Vice President, any SecOIid Vice :Pr~_siden,l, tbe Treasurer, _any Assistant Treasurer, the_Corporate Secretary or any AssistantSeeretliry may appoint Attorneys-in.Pact and Agents to ,act for and Qn be,half of the Company and may give such appclinlee such Buthority as his or her certificate of ambonty may prescribe to sign with tbe Company's name and seat with the Coinpany'ssc:al bondS; recognizances, conlract!i of indemnity, and other writings obligatory in the -nature of a bond, recognizance, or conditional undertaking, and Bny ofsald officers ortbe Board of Direct6Is atany time inay remove any such appointee and revoke the power given him or ber; and it is FURTIIERRESOLVED;; Ihat t11~ Chairman. the President, any Vi~ C'hainnan, any Executllle Vice President, any Senior Vice President or any Vfce E'residentmay delegate aUor any part of Ihe foregoing authorilY 10 one or more officers or employees of this Company, provided that each such delegation is in writing aJ)d a copy thereof is filed in the office of the Secretary; and it is FURTHER ,'RESOLVED, thai an)' bond, ;ecogrtiUIO~e. contract of indemnity, or writing :obllgalory in the_ nature of a bond. recogni:zariC~ or condiiionai ulld_e~ng shall bc,vaUd and bInding upon the Company when,(a)'signed by the President., any Vice Chairman. Bny ExecutiveVice President, any Senior Vice Presi~ent or any Vice Presidenf, any Second Vice Presidenl, the Treasurer, an)' Assistant Tre.asurer~ the Corporate Secretary or any Assistant Secretary and dul)'~ttestetlantl s~aIed with ,the Compally's,seal by a Secretary or AsSistant Secretary; or (b) duly executed (under scali if required) by one or more Attorneys-in-Fact and AgentspurSuint to the,power prescribed in his at her certificate or their certificates of authOrity at by one or more Company officers purs'uant to a wnuendelegalion of authority; and it is' FtJkTHER R~OLVED, thai the signalure of e,ach of the ~oll~win,g officers; PresideJ!.t, any Executive Vice President, ~ny Senior Vice President, anyVicePresitIei1t, any Assistanl Vice President, any Secretary, any Assistant Secretary, nnd the seal orthe Company may be affixed by racsjmil~ to any power of attorney or to. any certificate relating ,hereto . ft~pointing Reside!"!t Vice Presidents; Rdident Assistant Secretaries or AUomeys.ln~FlIC;1 for purpo~es only of executing: and a[te~t[pg b?nds and ul1denaking$andother writingsobligatoryin the nature thereof, and any sueh power of attorney or certificate bearing such facsimile signa,ture or facsimile seal sh~l be vatitland binding upon tl:lc Company and any such poweno executed and certified by such facsimile signature and facsimile seal shall be, ~lid llnd binding on the Company in Ihe futUre with respectloany bond Qr understanding 10 which it is att'ached. I" Karl M. Johansonj the undersigned. AssistantSecret\kry, ofFannington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and GUararity Insurance Underwriters, Inc., Seaboard Surety Ci.mipimy. 51. Paul Fire and Marine Insurance ~mpanYi.St.' Paul GUardian Irisurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety~omplUly,Trnvelers Casualty and Surctt~~mpimy. of'~merlcal a~d United Stales fidelity and Guaranty Company do hereby certify Ihat the above and foregoing is a ttucnnd c'orrect cop)' of the Power Qf;~1t'o'?ney e~ec~t~lby,sal~Companies., which is in full force and eCfect and bas not been revo'ked .... .. ... \'\"','\~"';'iL: lii,'.\Y , .. ~',1\l" I '";~ \ {It;!,~ t', ., \; ;,':"j ,,: '\.;;'!^ IN TESTIMONY WHEREOF. I have hereunto set my hand ~~d ,~,tfi~ea t~;i1:~I~ o~;~t ~oifipanies this 29 th day of . ~ October .20 08, @) To' verify the authenticity of Ihis power oIAI,torney. call 1-800-421+3880 or contaclUS at www.travelersbond.com. Please refer fotheAttoriley,fu~Fac( number, the above-named iiKIividuaTs and the delails of lhebond to whieh the power is attached. WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER 16B 8 TH(S SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTYCOMM($$IONERS COLLIER COUNTY, FLORIDA Purchasing Department BID[)EItS CHeCK LIST IMPORTANT: Please read carefully, sign in lhe sllaces indicated and return witlt your'llld. . Bidder should check off each ofthe following items as the necessary action is completed: The Bid has beeruigned. . The Bid prices offered have been reviewed. The price.extensjbri~andtotals have p(len checked. The payment terms have been Indicated. Any required draWings, descriptive literature. elc. have been included. AnY de.Jiv.e.ry informatlon.re.q.( uirediSinC!Ud.ed. Local Vendor PreferenceAfffdavlt GOmpleted. If required, the amount o(Bld bond. has been Checked, and the Brdbond or cashiers check has been included. Any addenda have been signedandinch,lded. The mailing envelope has been addressed to: Purqhasing Dir(lctor .' Collier County Government Center Purchasing Building 3301 Tamiaml Trail, .East NaplEls, Florida 34112 11. The mailing envelope must be sealed and marked with: <'Bid. Number; <'Project Name; <'Oi>ening Datll. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. The Bid will be mailed or delivered in time to be received no hOlter than the specified ol'lenlnQ date and time. (Otherwise Bid cannot be considered.) ALL COUItIER.DELIVERED BIDS MUST' HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COORIERPACKET DATE: 11/04/08 GC-P"14 16B 8 Knott, Consoer, Ebelirri Hart & Swett, P.A. A T TORN E Y S ' AT, L A IV RECEIVED AUG ~ 9 Z005 BY: :' &a:rdOlilln,d Clvll-TiiJi, L:awy~t .. Soud Cenifhd Rul:!tWeuWvff. '" Bo~rdCcrl;fi~d:a..sI".enLlllprioll Law.ycr 1625 Hendry Street. 1'hitdFloOt (jJ90U P.D; Bj)x 2449- Fort Myers, Florida J~90Z-2449 Telephone (ZJ9) 334.Z722 Tdecdpiel' (239)334.2801 MaUhew.1);'Uhfe A.t'Qlt~H~ [}err!ck_S. Ei~_aU$en N'lltly TOft'es"A&arado Dir6::t()tof loning it'U!' La_od U,se' 'PJan~ing ~li,had E. 1'.0<<1", AICP Georp H. 1<nott .~ George 1;.._Co~et.:k"+ M~rkA. EbeHrli 'I1tomas B.:HlIrt Ii. Andrew. Swett GKnoll@knott-faw_com August 26, 2005 Dl\nny Kelly, President Kelly Brothers, Inc. 15775 Pille RidgeRMd Fort Myers, FL 33908 RE: Kelly Brothers, Inc. Dear Danny: Please fInd enclosed the executed DirectOrs Action pertaining to the removal of Pat Kreutzer from any corporate records which wasilladverlendy fo~arded to our office. The original Directors Actidn should be placed ill the corporate book for Kelly Brothers, Inc. Cordially yours i KNOTT, CONSOER, EBELINI. HART & SWETT, P,A. ~.~ GHKlsdb Enclosure 16~ 8 DIRECTORS ACTION OF KELLY BROTHERS, INe. In accorda.nc~ with Florida Statutes, Sl:ctioo.607.0821, the under$igi1ed, o~itig the $ole director of the corporation, takes the following action for the .corporation: Thl.l followingofficer$ are l.l!ecte4 to $erve until the next anntial nieetlrtg of directors and until their successors are chosen and qualified: President; Vice-President: Secretary: Treasurer: Danny M. Kelly Creseo.teBautista DannyM, Kl.llly Danny M. Kelly M. Patricia Kreutzer is hereby removed as the 1:rusteeof the Schwao Kelly BrothersJnc; 401K Psrp, AccotlJ1tNo. 90922197 andJob No,2711$37,3l\d Cresente BautiSta shalt be the replacelllentTrustee of said account: The actions taken by the corporation !IIld. its officers duriJIg the preceding year are approved and ratified. Dated: August L!Z. 2005 16B 8 Proj. Mgr.:Marlene Messam Bid 08-5135 Bridge Repairs (Chokoloskee, Green Blvd. and Oil Well Road) CHOKOLOSKEE NO. 030616 , ITENl,," ,,,,,,,,,,,,,' ",i> ......,.,,'''~ i,,"'''' ",'"", .i'.".",.".,,,,,.,,,,.,,, "',, UNIT' , QI'/:","' 'iUNIT PRIl:;E; TQTAi:;" PRICE 101-1 Mobilization LS 1 $ 24,500.00 $ 24,500.00 102-1 Maintenance of Traffic LS 1 $ 7,500.00 $ 7,500,00 104-11 Turbidity Barrier (Floating) LF 240 $ 12.50 $ 3,000.00 104-13-A Silt Fence LF 500 $ 1.52 $ 760.00 110-4 Removal of Existing Concrete Pavement SY 1,200 $ 22.00 $ 26,400.00 400-97 Cleaning and Finish Coating SF 4,800 $ 1.20 $ 5,760.00 400-135 Clean and Repair Cracks LF 700 $ 120.00 $ 84,000.00 401-70-2 Concrete Repairs: Patch Spalls, Delaminations and Honeycombed Concrete CF 60 $ 1,200.00 $ 72,000.00 405-70-5 Carbon Fiber Wrap SF 225 $ 25.00 $ 5,625.00 458-1 Replace Expansion Joint LF 300 $ 15.00 $ 4,500.00 530-78 Cable Concrete System SF 10,000 $ 9.50 $ . 95,000.00 536-1-14 Repair/Replace Barrier LF 350 $ 20.00 $ 7,000.00 536-1-2 Guardrail Bridge LF 80 $ 80.00 $ 6,400.00 706-3 Ratro-Reflective Pavement Markers LF 24 $ 18.50 $ 444.00 711-11-221 Thermoplastic Striping LF 850 $ 0.80 $ 680.00 TOTAL BASE; BID '"'''''''''''''+-''''''''''' .",'",.,.",'.i,,,',,i,,,,',"',,'.'ii"i'i","'"'''''' "',,,,,"',,",,i"."",,, '"',,.,,".i ..... ",.'"" .""",,,,,,,.i,,, ".'"". "'""""""",,, $ ~4~,S69,QQ GOODLAND BRIDGE NO. 030184 DELETED PER ADDENDUM #1 101-1 MObilization LS 1 $ 8,500.00 $ 8,500.00 102-1 Maintenance of Traffic LS 1 $ 4,500.00 $ 4,500.00 104-11 Floating Turbidity Barrier LF 45 $ 12.00 $ 540.00 458~1-21 Bridge Deck Expansion Joint LF 85 $ 75.00 $ 6,375.00 530-78 Articulating Block Mat SY 462 $ 110.00 $ 50,820.00 9455-1 Pile Repair Each 4 $ 2.500.00 $ 10,000.00 TOTAL BASE I:lIU,",,", , """"",,'. .'.'.' ,"ii'i""""",',,,,,,,i,,, ."'"i,, ,,,,c. . i...i, "" [" .. ['",,,',,"""'" "". '."ii"...ii.......,,, '", i "'i"",i,,..'" ,$ .80;7'~S;QQ GREEN BOULEVARD NO. 034014 101-1 Mobilization 102-1 Maintenance of Traffic 104-11 Floating Turbidity Barrier 401-70-4 Restore Spalled Areas 458-1-21 Bridge Deck Expansion Joint 530-78 Articulating Block Mat 9455-1 Pile Repair TOTAL BASS BID .....AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS..... OIL WELL ROAD NO. 030153 & 030154 LS 1 $ 24,500.00 $ LS 1 $ 8,500.00 $ LF 171 $ 12.00 $ CF 12.4 $ 1,200.00 $ LF 90 $ 75.00 $ SY 2,346 $ 110.00 $ Each 13 $ 2,500.00 $ 24,500.00 8,500.00 2,052.00 14,880.00 6,750.00 258,060.00 32,500.00 ,,",,~47'.242.00 168 8 From: Gul(llhqreInsumnu-, Inc. To: Kristen. Page: 1/5 Date: lOJ28/l00sU:lOiJ6AM ~ GUtFSHORE I NSlJ RANC E FAX TRANSMISSION To: Kristen Fax: 4828014 From: Jackie Pettis O\tlfshore Insurance, Inc. ph: 239-435-1475 Fax: 239-213.2838 Email: jpettis@gulf..hOl.einsurance.com Subject: Certilkate ofInsllrance Message: PU,ASB NOTE: Durihgperiod of Tropical StOlm activity, bli,ding reshietions ma'j />revel,t 14 from ohtaining p,'opetty OJ' auto physical damage coverage on rhe desired effective date. \Ve may he unahle to hind YOUf cOli",'age until after tl,. storm has passed. 4100 Gocdlette Rood North, Naples, Flortda 34103 G1I1fshoreInSlll'ouce.com 239.2613646 Fax 239.435.0598 Naples, Flolida Fort Myers, Flodela Marco Island, Florida 168 8 From: Gulfahore Irisurni1te, lac. To: Kristcil Pag" 2/5 Date' lQ/281200811JO,36 AM CU."t#:6427'7 ,,,,, BR2 ACORD.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDOIYYvY) 10/2812ooB PRODUCER THIS CERTIFICATE IS ISSUED AS A !>lAlTER OF INFORMATION G'Ulfshora Insurant::o, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Goodl.tt. Road N HOLDER. THIS CERTIFICATE DOES NOT A!>lEND, EXrENDOR Naples, FL 301103 ,330:1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 239 261-3646 . INSURERS AFFORDING COVERAGE NAIC# INSURED lNSliRER Pi: National Liability & Fire Kelly Brothers, Inc. INSUFtER13:-SeabriahtlnsursncG Co. . 15775 Pin. Rldg. Rd. lNSURERc:AmGrlsun~ Insurance CO,mpahv Ft. My.,., FL 3390B iNSuRER 0; INSuRER E; COVERAGES THE POLICIES OF rNSURANCE~ISiEO eELOW t'V\veeEEN iSSUED TO THEtNSUREo NAM!:[) ABOVe~OFl THE POLICY PERiOD INOICATECkNOlWrrHSTANDING Mff m;Ql,.IIREMENT. TERM 9RCONorrpN: OFANVP()~RACT .QR_OTI:iER QOClJIAENTWrrH RESPECT to WHICH THIS CERTIFlcAi~ MAY 9E lSSUED OR MAY PERTAIN,tHf:: INSU~N('J;A~f'O~OEQ eY:THE 'p~ICJE$ OESCRIBECi HEREIN IS sLBJI:CT TO AllTHE TERMS, EXCLUSIONS AND CONO'rr10NS OF sUCH =ES. AGGREGATE LIMITS StlOWN MAY HAVE aEEN REDUCED aY PAID CLAIMS. POUCY EXPlRATON iVPI: Of INSURANCe POllCVttl)M8ER P U Y EffECl1\1'E UMITS A ~""IlALliA.lt.rrY LBNOiJ323 OB/Ol/08 OBI01109 EACH OCCURRENCE '1 DO" noo 1L ~MERClAL GENERAL LIABILITY OAMA?E o RfNTED '50 000 I- .-J. CLAIMS M"'OE [KJOCCtJR MEO ExP {Anyone paBllfll .5000 X SltlD Reoalrers leanl PERSONAL & ADv JfmlR'i II Don Don X .salvors Leaal GENERAL AQORt::OATE, .2 000 '000 n~AGG~n:~I~lr APnS;~~ PRODUCTS. COMP!OP AGG .2 000000 POLICY PRO., lOC C ~TOMOflILE UAlllUfV CAt 01590300 08l01l0B 08101/09 COM~INEO SNGlE lIMrT ~ /oIiY AUTO {E!ttli:;(;IIlOflI) .t,OOO,OOo ~ ALLoWNEDAuros BODilY INJURY , X SCHEDUlEO Auios IPlll'pC~l;Jl1) HIRED AUTOS ~ aODllYINJURV , 1L NQN.QWNED AUTOS {P....bcddlll1l) PROFERTY DAMAGE , (Partltcldfllll) i=F' ."."ITV AUTO aNt y. EAACCIDEnr . I>J.lYAUTO OTHER THAN EAACC . AUTOONL Yi "'. . A =il:SsruM8REllA~aIUrY' LBN00324 OBI0110B 08101109 EACH OCCURRENCE .5000000 X OCCUR D ClA.!MSMADE AGGRE(;ATE .5000000 . ~~EDUCTIBlE . X RfYENTION ,25000 . B WQRKEIUl COtllPENSATIOr-lNtD 6BIOB04B9 OB/01108 08101/09 X I..~"STA.~~I IOJ~. EMPLOYERS' UABllITY n. EAci1ACell':iENT .1 000000 ANy. PRCf'RlETORIPARTN'f RiexeCuriVE OfFlcm,'MEMBE R EXCLUD EO? l:_l. DISEASE.. EAE!JPlOYEE .1 000,000 ~E~!~~P~V~~oNS b15111l., E.l. DISEASE'. POUCY LIMiT .1 000,000 A OTHER Pl!.I/Jon.$ HBNOO06B OB101/0B o8/otlO~ $1,000,000 A Hull HE/NOO088 OB/01/0B 08/01/09 $1,100,000 A Eoulom.nl HBNIlOOSB OB/01/0B. 08101/09 $875 000 DI:S'CRIPTlON Of OPERATIONS IlocATIl:iNS iVEH1ClES I EXCt.USIONSADDED BY ENDORSEMEiNrt9PECIAL PROVISIONS RE: Collier County Bridge Repair ColljetCou'nty"",FI(irlda is Namod as AddltionallnsLlred on a primary basis' with Respects to Gsn$ra-I Llablllty Only as noedad by contract, per endorsement #7; *30 days notlco of cancellation, 9Kcept1 0 days for'nonpayment. (See Attached Descriptions} Collier County Government Conter '. Purchasing Direct_or 3301 Tamlaml 1,all E Napl.s, FL 34110 CANCELLAnON SHOuufANY OflHEABOVE DESCRIBED FOLlCIES BE CANCEllED BEfORE TliE EXPIRATION DATE THEREOf, THE lSSUlNG INSuRER WILL ENDEAVORTO....All. --=ao.. DAYS WRmEN HOTICE TO THE CERTIfICATE HOLDER NAMED TO THE LEfT, SLIT fAlWRE TO 00 aOSHJ\.LL CERTIFICATE HOLDER ACORD 25 (21lOJ/08) t of 3 ...... JPE @ ACORD CORPORATION 1988 #S343536/M33B742 168 8 From: Oulfsh6<<dnmmitcf:, 1M. To: Krlliten Pagt"::JJ5 Daft:':: 10!l8/Z00S 1l:10:37AM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(~s) must be endorsed. Aslate"'ent on this certificate does not confer tights to the cerHficate holder in lieu of suchendorsement(s). II SUBROGATION IS WAlVtD. subject to Ihetermsand conditiOns of the policy, oortain polici~. may require an endorsemMtA statement on this certificate does riot confer rights 16 the certificate hOlder in lieu or such endorsemMt(s). DISCLAIMER The-' Ccrtifj~ale 'of InsurandllOn the reverse side of this form does r10t con.stitute acotltract betWeen the is.uing inSurer(s), alJthonze<l fepres.nlative or prqducer. and the cenificaie holder, nOr does it affirmatively or negaUilely amend,extend or aJter th~ cOverage afforded bYlhe policies lisled Ihereon~ ACORD 25,S {2001/08) Z of 3 #S343536/M33874Z From: Gulfshore In&uraiJ,ce, Inc. To: Kristen Page: 415 Date: 10/281200811:10:37 AM . ..';:i.pg~~R!PtIPN$.(~~t}t!~!*rHt~mR~g~;11) ... .. Workers Compensatlon! ErnployersLlabllltylnc:fud9", US Longshore & -Harbor Workers Blld FL M~rJtlme Employers LIability. Umbrella' Exc_~Sj:s 1!:1, BUl11borshQot ....labJllty Q:l(tl1ndlng limits of General Liability/Marine Liability, Auto Uability. Protection ~ In~9mnlty. and Employers Liability. AMS 25.3 (2001108) #S343536/M338742 3 of3 168 8 168 8 From: Gulfshore lri6umnc~1 Inc. To; K1i:;ten Page: 5/5 D.te, iO/2S/IIlOS llJO,Jl AM STARR+MARINE tNDORSF;MENT NO,'1 EJifECTlVEH2;OlA.M., An.ust 1.2008. .\J'lAClIElI TO .\1'1) Fott\UNG PART OJ' POUCY NO.' LBNOO:l232008. OF THE: !.'IaUo~.1 I.:'l>fIl!v& 11ft. 1.'01'''' C~lIlban". ISSI:I:fl ro' /l;.lh'lIr.t11~r'. rnc, ADDJJ1<.!N.\LA8S\JRED~OSS PAYEE/WAIVER OF SI'BROGATlO~I'SE.~ I) n i~ h.f'~Y "odc.',!'>o.l lrt<f a~~d 1l1.1 t!li, Policy ,ball in~l1Jde a,. Add.itional A"",,,d., or loIS P.~e., .nr po,,,,,n 0" ()rF~Il!zntiol! to wh-cmthe N'anie('l As~ur~ l1;iS agreedj- by Writte.n: CQnfJacti .10 t''-(ivl;:ki:uvellt~t. bldcnl~ with fI"..spect to (lperatlo!:is~'tformed -bY(,lr en belutlf of d1~ ~ariltd Assw:ed andr,dy \\.!t;-:resge.:; tr., o':ctt.rr.:tlce:i ~11bflct(tteut (<)the makiug 'of such 'Nritten tontnct, ~-ot-."'ith~nm.Jins f.h.\'\ lloovc.1 it is.furthu tmdtrstood and 3ll:reed lhat wherever Adl1iticnat A~5ure:Q' C'r 1.c;;:; P;,;ytl"S arc itout:d ((J lhis p~ll;cy it is specifk;al1>' agreed: Xl ' Sw:-h Additional Assureds or Lossf'ayee:, :U1.. iudude,f oriIy withmpec.t tQ such a~J'vitits:w\1t~dby 1hi; PQ!icy as ll/Ollfd exist in the a.bsence of thefnannng. .Qf Additional Assurl';ds ~t,' [.0':'$ Paye-e~. and co'Y'r,rnge I1t~I~Hnd"r s!lall in ttO'\\'ay be {:on~dere'J ~xtctlded by the inclusJon of Addilivt""l ;\sstliedt of Loss faVC";:9. H) TIlt":indusiotl of Additiollal Aii1ureds or Lo~ Pa.)'~e~ in no way increase ittcJimir or liabi:ity hercundloJ", Cl 1r. Ihe ~"~nt.ljfca~ccnatiollO" chang~ in poltc)"coyerageunless speciticanf"end(\rs~,if1 wflbriH, tn, ~l1G, cont(~ry l1meoo) no' obligation ill il'np.Jscd on this corupany (0 send noticcuf_r.~m~cl~tiiln or change ?f cnveritge, to ;:tn: Additional Alfsured ilr Loss 'Plyee and notice to the' orig~nel ,nl1{ritl ass,lII'Cd shall d"c1;ar~. allobli~atiolls or uris company ~.~reunder. rhi" con1p'lOY' sh.HMl b. ("([Jlredlo nodt} i\dditinllalA~sureds o[Loss Payces ofo.oy can~eliation received from lIworigmai a.~urt:d ht:rcon. OJ AnY.,requf;sl.(or a ~,crtificate involvlng non.marine.contracts: whoselotaJ.Cflnb-ac.t-vnluc"exce:ed$ 5% of the Nai1\(;d Assured's P(ojC\itedGrus~Receipts asad",ised to Underwriters at u:ceptiort, mllstbe referred to UndeiWrit~rs for'approvaJ. prior (0 issuanecohuchcertlflcate. ' /I) II i. ~lrth... undc"tood and.greed thatlhe lJlIdcrnTiters wai.ve their (ight. of ,ubrog.tioll ag.inst all,V peo:oo or [lrp..mil~ljon$ to whom the Named Anured is obllg<lled by written contrac;:t to provide, such w~h.'er. hut only to~he exteul' of s\1cll obHgaGon and, only with respe.;t to op.':'raliOl1s by or on behalf or the Name:d A~surecl {If (o:he (acali1ie~ ,,('or used, by Named Assurcd~ Nl.lI:\Vlthstanditl~ the'~,boyeJ SllCb w~ivefof1ights of subrogation by Underwriief:f:<ll;iIl not apv1Y1Q contla,;~ betWee" the Nall1ed Assuredaod subcontractorlor employeeS oflbe Nal11Cd As,""d, III :-lol"itl1Sla"din~ Commercial Marine Li.bilit! General ConditiollS Section 7l1cllI ~ .QjlJ'.tl!!l!"ancc, co..mge under thi:;, policy Ilffordedlo the Additional Assured scheduled below will apply as pri,nar)',i~ulance' w~n: required bi' c-on-lmct. :and allY other insurance is.sued 'to ~uch Additional AS$ure:d s~a.lr apply as excess and 'lonc0u!:tibutory imurance" ALL OTIIER l'ERMS, CONDnlONS, LIMITATIONS A!'iV EXCLUSIONs RE~I.\1N I:NClIAN(;~n, KeU)" Brolhers (rH\ Policy "io: I.Bl'IU03!:l,008 P'~e 39 Commercial Marine Liability Erredw: A.ugud1, 2Q08 168 8 Official Receipt - Collier County Board of County Commissioners CPPR.ll 03 - Official Receipt Trans Number 848794 Date 8/11120083'21:48 PM PostDate 8111/2008 Nbr CRESENTE; C. BAUTISTA KELLY BROTHERS. INC. 15775 PINE RIDGE RD. fT, MYERS, FL33908- 1010 QENER.ALCoNTR;-CERTIFIED I ,.\UG 1 B iilli,; J'e' ;1.):r, , Payor: KELLY BROS Fee Infdrmation I Fee code I DescriDtion 1 GL Account Amount Waived I loect$c I STATE CERTIFIED LICENSE FEE 111313890032123500000 . $10.00 I Total $10:00 Payments Pa men! Code AccountlChacl<Number CHECK 35738 Amount $10.00 Total Cash Total Non,Cash E $0.00 I $10,00 $10.001 Total Paid Merna: Cashier/location: MCCAULEYKATY / 1 User: JENNIFJ::RBLANCO Collier County Board of CoUnty Commissioners CD-PIUs for WindOWS 95/NT Printed:8f11/2008 3:22:11 PM , 168 8 STATE OF FLORIDA DgPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET . TALLAHASSEE FL 32399"0783 (850l 487-1395 ., BAUTISTA, CRElSEtn'S CORONEL KELLY Ba,OTHERS, INC 1.577 5 PINE RIDGE ROAD . . FORT MYERS FL 33908 Congra!ul~tion$J With Ih[~ !i~at\Sayo~ becpme one pithe naarlyone million Floridians licansedbytha Oap"rtmen!Qfe~sl~ess.andProfessional ~egulanon. Our professionals ana l!uslneSses,ange fromciJrc,hitecls to ya1;ht brokers, from boxers 10 barbeque resta~rants,and they keep Florida's ei::onomy strong. Every day weworkto hnprove the way we do busIness in order tO,serve you belter. Forinformallon about ourservlces, please 10f! onto www.myfforldaUoense.com. There you can IIndman. informatlonal:ioul our divisions and the regulatiOns lhal Impact you, ~ubscrlbelo department ne.wslelters and learn mQfe about.the Department's inlllatlves, Our mission a! tha Deparlmantis:lIcanse Efficiently, ~egulale Fairly.We constanUystrive to serve-you bett~r so that.you.canserve your cu'stomers. Thank you for doing business in Florida, and congratulations on your naw !icensel DETACH HERE e: FLOgID4;;. , .'... '. ,", '" . ~jR~b~iss~~~tr.. iEGU~KttJON i . '. R . ';CCEI:f.S'i a', B0ARD,% '*'" " , ' " '~..l!\" '~C!],,,,~,,l ,.':i,,' ~~f4:" .s.EQ#Losoa2601S2S ''''''.' ,~~~':i~(R~I :.3:;):- j:t,Yg: ;;:;:::">;, '~%r.~:~t~~~ - - ~~(~ !-~ , " .1'; ,.,j: "1, /:';'-> .~/'-:i !.\-Yr, .~.;~~~iQ~i,:~ry;~:" ".c GO . '.. }'L.:F \~~t!;M~~:~".~;~~,~~J~;~~F,~;': ' 'f;-;?- '._V:;-;i':' .,..:.i1~~:8 '.: QUIREO'.SY LAW' 1.__ 't~~'fk~W " :'>_>\:~\\:':_-:,*,ll:.~t ;j\, CHARLES"1fi~Dl:iA\:lO . ",:'r,'SEC~E.'.ii:ARY.''i: :,:-:-, -, --- J~~~r;; --- '''i,; :%~i~{:;.!:.:j: '_"__l:, 168 8 ,..(j11f: ., ,~~i;"";' 'Nc!',,,V' I! . "l'~'!"" ~\ '.,';"Ir"-"'''..' _?' ,,'~~;~;:W~ STATE OF FLORIDA PEPARTMENT .OF BUSINESS AND PROtESSIONAL REGULATION CONSTRUCTION INDUSTRY. LICENSING BOARD 1940 NORTH MONROE STREET TALLAHABSl!:l!: FL 32399-0783 (850) 487-1395 KELLY BROTHERS INC 15775 PXNERIDGE ROAD FORT MYERS FL 33908 . cOllgratulallonsl With this IIcenseyoub~cQrrie one of th~ nearly one mUlIon Floridians Ilcensed by the Department pf Il~s'ness a~d ProfeSslone! Regulation. Oui professionals and businesses ranile from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florlda's economy strong. For Information eboul Qur servIces, please log onto www.myflorldanconso.com. There you can find more Information about our divisions end the regulations that Impact you, subscribe to department newsletters and leern more about the Department.s Initiatives, Our mIssion at thil DilpartmeniiS: License Efficiently, Regulate Fairly. Wil constantly strlye tQ s~rve you bellar so that you cen seNe your cu.stomers. Thank you for dolngbuslnessin Florida, and congratulations on your new Iicensel in:i I~ /,l-Hlh DETACH HERE ,';<' ,..- :,.:.,,',-,.,.:. ,,':-' ...._,',..-~.., ~::.'~~.-- :. t .,'if$~' 90ff 7 .. -'~~:1;7~: ~'<-.; ,.:~.~n:-::,~)(r$.'?l(::;': s : ~- ~~/~~~' 4~)~' \ , ~\w.g..,-~..."! ~ -::'\lle(;,;.'- ';.\~~~',\ .,' 168 8 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Kelly Brothers, Inc. ("Contractor") of 15775 Pine Ridge Rd., Fort Myers, Florida 33908, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road), Bid No. 08-5135 ("Project"), as said Work is set forth in the Plans and Specifications prepared by TBE Group and Stanley Consultants, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: seven hundred seventy one thousand five hundred forty six dollars and no cents ($771,546.00) GC-CA-I 168 8 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.tins.treas.gov/ c570/c570.html#certil1ed. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liauidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within specified calendar days (see tabJe below) from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within specified calendar days (see table below) after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. GC-CA,2 168 8 Project Days Days Final Total Substantial Completion Days Completion Chokoloskee 85 15 100 Green Boulevard 65 10 75 Goodland 90/100 20/20 110/120 Oil Well Road 100 15 115 B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult. if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Col11pletion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, (see table below) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it ma.y have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. Project Liquidated Damages Chokoloskee $715.00 Green Boulevard $313.00 Goodland $1,423.00 Oil Well Road $715.00 GC,CA-3 168 8 C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. GC-CA-4 168 I! 8 Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by TBE Group & Stanley Consultants and identified as follows: Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) as shown on Plan Sheets 1 through 48. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Marlene Messam, Project Manager Collier County Transportation Engineering & Construction Management 2885 S. Horseshoe Drive Naples, Florida 34104 (239) 252-5773 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Mr. Danny Kelly Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, Florida 33908 239-482-7300 Fax No. 239-482-8014 GC-CA-5 168 8 C. Either party may change its above noted address by giving written notice to the oth.er party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." Section 9. Modification. No. modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governinq Law. The Agreement shall be interpreted under and its performance governed by the laws of the' State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aqreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments GC-CA-6 168 8 made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA,7 16& \'18 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. Z~SES: .. _-l . ";1)Ul-/)""C .'--., FIRST WITNESS K.r Is-\eh.vJC\ YI, Er- Type/Print Name d~~)~ M tf )L SECOND WIT ~~~ j.k~ tku \Lt.\'\d Type/Print Name 0 Date:.~"{~ ,0cx5i ATTEST.: : ~' Print Name: ".!~i3taFlt C De~ CONTRACTO : By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COlLl:::?RID GC-CA,8 168 :~8 Nielson, Alter & Associates, Inc. Bond Department Public Works Bond In compliance with Florida Statutes 255.05(I)(a) Bond No. 105246542 Contractor Kelly Brothers, Inc. Address 15775 Pine Ridge Road Ft. Myers, FL 33908 Phone No. (239) 482-7300 Surety Company Travelers Casualty and Surety Company of America Address One Tower Square Hartford, CT 06813 Phone No. (860) 277-1561 Owner Name Collier County Address 3301 East Tamiami Trail Naples, FL 34112 Phone No. (239) 252-8446 ContractlProject No. 08-5135 Project Name Bridge Repairs (Chokoloskee, Goodland, Green Boulevard & Oil Well Road) Naples, FL Project Location Legal Description And Street Address N/A Description of Work Bridge Repairs Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. (/1A 168 8 EXHIBIT A PUBLIC PERFORMANCE BOND Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Bond No. 105246542 Contract No. 08-5135 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and Company of America as One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Collier County , as Obligee in the sum of Seven Hundred Seventy One Thousand Five Hundred Forty Six And No!100** ($ 771,546.00** ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. KELLY BROTHERS. INC. Travelers Casualty and Surety .;j IYuoiV ./ Surety, located at WHEREAS, Principal has entered into a contract dated as of the day of 2008, with Obligee for Bridge Repairs (Chokoloskee, Goodland. Green Boulevard and Oil Well Road) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. ~ GC-CA-A-4 16B':B This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes. shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this Jd... day of -Bp'-:,\ , 200t9 the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Kell S jIZ;,f fS74 t/; De" - ~/U?:S PRINCIPAL BY: NAME: ITS: STATE OF f I D,.-~AI'\. COUNTY OF ue_ The foregoing instrument was acknowledged before me this kit day of .f[~) , ' 200'~ by Cre. e '\ e.. (Lv\~s;ta.., . as _..:.._ _l'E:":J\AeAA.\- of ,8,rc,. -r..nc' . , a 'F\ l'''; AD. corporation, on b half of the corporation. He/she is personally known to me OR has produced oe,,'5{'o{,\C\\~ Kr\()Wn as identification and did (die! not) take an ath. ~Q~,-it{~ (Signature) , My Commission Expires: ;) I:L S \ ,;1.0 'I ~"'",- HEATHER HAGLUND PZ:~) MY COMMISSION #00643648 , . ' EXPIRES: fEB 25, 2011 ~~"~BondedthrOlJgh1stStatelnsurance Name: ~!i f'e- -\-I.,e ,.... Flew \ v..(\ J (Legibly Printed)) Notary Public, State of: VI () r', cl_ Commission No,: D 0,,,,-\ :'\0'-\ "" (AFFIX OFFICIAL SEAL) GC,CA-A,5 168. 8 ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address) (Authorized Signature) OR Witnesses as to Surety A ' r> . / ./ ~ /--" /~z:!//.--->-. r / ~' Y~f ~ {~C/(. " W, esses ,,/ " As Attorney in act (Attach Power of Attorney) Charles J. Nielson (Printed Name) 8000 Governors Square Blvd., Suite 101 Miami Lakes, FL 33016 (Business Address) (305) 722-2663 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade The foregoing instrument was acknowledged before me this _ day of , 2008, bv Charles J. Nielson ,as Attorney In Fact of lraveler~ Lasualty ahd 5UL~~Y C'r'omp!lny nf Amari r~ , a Surety, on behalf of Surety. He/She is personally known to me OR has produced personally known as identificati,and who did (did not) take an oath. My Commission Expires: / '1~ ...;i /' ,/ ~~/'\ Y "(Signature) .- i'" 'v\, ...~ . ~~..: '9'?Off"'~~ Notary Public State of Florida Kristi M Messel My Commission DD480125 Expires 11/14/2009 Name: Kristi Messel (Legibly Printed) (AF Notary Public, State of: Florida Commission No.: DD480125 GC,CA-A-6 ...... TRAVELERS J POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1611 i;~8 Farmington Casualt)' Compan}' Fidelity and Guaranty Insurance Compan}' Fidelity and (;uaranty Insurance Underwriters, Inc. Seaboard Surety Compan)' S1. Paul Fire and Marine Insuranct' Compan}' Attorney-In Fact No. 219740 S1. Paul Guardian Insurance Company St. Paul Mercury Insuranl'c Company Travelers Casualty and Surety Company Trawlers Casualty and Surety Company of America United States Fidelity and Guaranty Company C"tificateNo. 0 0 27 3 6 70 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travclcr~ Casualty and SurelY Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Compalry is a corporation duly organized under the law~ of the State of Maryland, that Fidelity and Guaranty In~urance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriter~, Inc. is a corporation duly organiled under the laws 0]" the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle pajon, Olga Iglesias, and Gloria McClure of the City of Mi~lml I :.:Ikf''' ___' State (}f__-Elori(b , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above. to sign. execute, seal and acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any~ctions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrumenl to be signed and theit t:orporate seals to be hereto affixed, this day of ~cember 2008 10th Farmington Casualty CoOl pan}' Fidelit)' and Guarant)' Insurafl{'e Company Fidelity and Guaranty Insurance lJnderwriters, Inc. Seaboard Surety Company St. Paul f'ire and Marine Insurance Company ~ ~ e State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercur}' Insurance Company Travelers Casualt:y and Surel}' Compan}' Trawlers Casualt}' and Surety Company of America tlnitl'd States Fidelity and Guaranty Company .,~~...... /..~~"""'''''''~1-~\ I:;'(}:J"PDIM}"~\,",\ lot, _._ '''I \~\SEAL""'i' W:.'.. /.... -....::..~....~... ,..-lo By On this the 10th dayof December _,~ ' 2008, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SI. Paul Fire and M:lrine Insurance Company, St. Paul Guardian Insurance Company. St. Paul ~ercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrumenl for the purposes therein contained hy signing on hehalf of the corporations by himself as a duly authorized oflicer. In Witness Whereof, I hereunto set my hand and ufficial seal. My Commission expires the 30th day of June, 20] I. 58440-5-07 Printed in U,S,A. .."f{\w c. j~ '-- :\1arie C. Te1reault. :-';o1ary Puhlil: WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE REO BORDER This Power of Attorney is granted under and by the authority III the rolltlv'iin~ res\lluti(llls ad\IPted by thL' Bl)ards (II' DircL.t()r\ (If F:lrmingtoTl (';lsualty ('(lmpany, Filklit) and Guaranty Insurance Company, Fidelity and Guar<lllty Insurance Underwriters, Inc., Seaboard SurdY C\'il1pany. Sl. Paul Fire ;Jnd \t1arine Insurance Company. St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Tra\elvrs Casualty and Surety Cnl\1pallY. rravelers Casualty and Surely Company of America, and United States Fidelity and Ciuaranty Company. whICh resolutions afe no\',' in rull rnrl'e and efrect. reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, allY Executive Vice PresidenL any Senior Vice PrL'sidcllt. any Vice President. any Second Vice President, the Treasurer. any Assistant Treasurer. the Corporate Senetary or any Assistant Secretary may appoint Attorney's-in-Fact and Agents tn <lct for and on bchall of the Company and may give SLlch appointce such authority as his or hcr certific;lIe or authority Ill:!y presnihL' t(1 si)2n with the Company's name anu seal with thc Comp;lIlY's seal bonds. recognizances. contracts of inuClllllity, alld other \vritings ohli~alOry in the nature 01';1 hond, l'eulgninl1lcl'. or condition:ll undcrtaking. and an) of said officers or the Board of Directors at any time Illay reTl10ve any sllch ;lppoilllCl' and revoke the pown gi\l'n himllr Iwr: and it is FURTHER RESOLVED, that the Chairman, the Prcsiuent, any VicL' Chairman, any I-:xecutive Vicc President. any Senior Vice President or allY VieL' President lllay delegate all or any part of the foregoing authority to one or more officers or employees of this Comp:lllY, providnlthat each such dekgation is in v.;riting and a copy thereof is filed in the of tiel" of the Secretary~ and it is FURTHER RESOLVED, that any hondo recognitance, contract or indemnity, or writing uhligatory in the nature of a hond. recognizance, or conditional undertaking shall be valid and hinding upon the Company when (a) signed hy the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President. any Second Vice President. the Treasurer. any Assistant TrL~asllrer. the Corporatl' Secretary or any Assistant Secn:tary auu duly at1ested and scaled with the Company's seal hy a Secretary or Assistant Secretary: or (b) duly cxecuted (under scaL if required) hy one or more Allorneys-in-I-iact and Agents pursLlantto the powel prescribed in his or her certificate or their certiticates or autbority llr hy one or llhlre Company unicers pursuant to a wril1en delegation of allthorit)-,~ and it is F1JRTHER RESOLVED, that the signature of each of the following ollil.ers: President. any EXLTutive Vice Presidcn!. any SL'nior Vice Prcsident. any Vice President. any Assistant Vice Prcsident, any Secretary. any Assistant Secretary, and the seal or the Company may hc drtixed hy facsimile to any pmverof attorney or Il) any eeltificale relating thereto appointing. Resident Vice Presidents, Resident Assistal1l Secretaries or At1orncys-ill-racl I'm pUI-plJses only oj executing and attesting honds and undertakings and other wrilings ohligatory in the nature thercof, and ;my sllch pmVl'1' ot aHorney or certificate hearing sucll fal'simile sig.nature or racsimile seal shall hc valid and hinding upon the Company and any such power so e"eclltl~d and certified hy such Lu:simik Si~Il<Itlln: ;Ifld r~ll'sil1lile sL'alshall he v~liid and hinding Oil the Company in the future with respect (0 any hond or understanding to which it is attat'hed L Kori M. Johanson. the undersigned, Assistant Sendary, or f<'unnington Clsualty Company. Fidelity and Ciuaranty' Insurance Company, Fidelity' and (.iuaranty Insurance Underwriters. inc., Seahoard Surely Company, Sf. Paul Fire :lIld Marinl' Insurance Company, S1. Paul Guardian Insurancl~ Company. St. Paul J\.krcllr:y Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of Americ;!, and United States Fidelity and (juaranty' Company UO hereby certify that the above and foregoing is a true and correct copy 01 the Power of Attorney exeeuted hy said ('()mpalliL~s, which is in full rnrL'e and clfcct and has not heen revoked. IN TESTIMONY WHEREOF, I have hereuJ1{() set my haud alld affixed the seals I)f said Cumpanies thi.s _____ d<l)' 01 ~() KlWi:\-1. J0I1;1I1s1 ~ ~ ~, 'f1'OI'~~ e"~"'~':'~ "'ii' ,.", "-, ~' '" ;''i1I' ~ , , "'<:.fAN'.' " ""'''"'.,.,"" /S;fN~~~>.. !S,'<:.oQ?~RAr('\..\ i:l. _._ ,r>; \\.:.~.EA~.i' 1 ~~;; To verify the authenticity nf this Power uf AnorTwy. call I.XO{J-421-.,XHO or contact llS at www.travclersoolld.colll, Please refer to the ,A,1tonley-ln-FaL'1IllIlnbl'r. lhc above-named individuals and the details of' the hond to v..'hich the power is aLL<lched WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 168 8 EXHIBIT A PUBLIC PAYMENT BOND Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) Bond No. 105246542 Contract No. 08-5135 KNOW ALL MEN BY THESE PRESENTS: That KELLY BROTHERS, INC. , as Principal, , as and Travelers Casualty and Surety Company of America ~I~"V Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Collier County as Obligee in the sum of Seven Hundred Seventy One Thousand Five Hundred Fortv Six And No/ 100** ($ 771,546.00*" ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 2008 W'lth Obl'rgee for Bridge Repairs (Chokoloskee-;-GOodland, Green I Rr'l111~'U::Ird GlTld 01.1 W~11 "Foad) in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, lIsed directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2008, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. ~ GC-CA-A-1 168 8 Signed, sealed and delivered in the presence of: PRINCIPAL ~'~"]\ f ~ --rV{)L.1- 'l-"O ~ 'G(; Kel Inc. BY: NAME: ITS: &111 s;r,-J VI ct - fi Aif;!. . STATE OF _F'l 0,-;&0... COUNTY OF Lt.€..... owledged before m;'J this \~')+~ay of - , as r;D,de Y\ of ,e. ~ -:L < '. , a c' ( corporation, on behalf of the corpor tion. He/she is personally known to me OR has produced pt'r>vnu\1y .tlltwas identification and did (did not) take an oath. ., My Commission Expires: .2 I ;}s I a,o, \ HEATHER HAGLUND /,;~;;:y'''~~ MY COMMISSION #00643648 ; ," j,,' I EXPIRES FES 25, 2011 \.;?'~/Bondedtt1roUgh15tStatelnsurance NAME: _CeLA (Signature of Notary) J-Kct-t{1U J-iallu "cf (legibly Printed) '--- (AFFIX OFFICIAL SEAL) .--- 'J. Notary Public, State of r I <fY (( c- Commission No.: b/\ (J) '1 7>(v '-IX' ATTEST: SURETY: Travelers Casualty and Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) GC-CA,A-2 168 8 ,/~~ /#~~ 0 OR (47z(~ As Attorney in Fact (Attach Power of Attorney) I / . .~ ~ / Lf . / 'I,' ~ .(:. ~tnesses (",./ ~I)' Charles J. Nielson (Printed Name) 8000 Governors Square Blvd., Suite 101 Miami Lakes, FL 33016 (Business Address) (305) 722-2663 (Telephone Number) STATE OF Florida COUNTY OF Miami-Dade Attornev In Fact Surety, on behalf of Surety. personally known take an oath. The foregoing instrument was acknowledged before me this _ day of , 2008, by Charles J. Nielson as of Travelers Casualty and Surety Company He/She i~f pifr~M~~y known to me OR has produced as identification and who did (did not) My Commission Expires: /-kL./;,. / ~ 0 (Signature) Notary Public State of Florida Kristi M Messel My Commission 00480125 E 1 /2009 Name: Kristi Messel (Legibly Printed) (AFFI Notary Public, State of: Florida Commission No.: DD480125 GC-CA-A-3 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .... TRAVfLERSJ Farmington Casualty Compan)' Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and l\larine Insurance Company Attorney-In Fact No. 219740 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualt.y and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guarant}' Company Certificate No. 0 0 2 7 3 6 7 0 2 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surely Company is a corporation duly organized under the laws or the Slate of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. that Fide]ity and Guaranty Insurance Company is a corporation duly nrganized under rhe laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organizL'd under the laws of the State of Wisconsin (herL'in collectively called the "Companies"), and that the Companies do hereby make, consticute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClure of the City of Miami Lakes , State of Florida . their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above. to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on hehalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or PtQceedings allov.ed by law. IN WITNESS WHEREOF. the Companies have caused this instrwncnt to he signed and (heir corporale scals to be hereto at1ixed, this day of December ,2008 . 10th Farmington Casualt:y Cumpan)! Fidelity and Guaranty Insuranl't Company Fidelity and Guaranty Insurance Underwriters, Inc, Seaboard Surety Company St, Paul Fire and Marine Insurance Compan)! ~, ~k% ~OFtRf'loQ'./ ~ ~ State of Connecticut City of Hartford ss. St. Paul Guardian Insurance Company St. Paul Mercur},' Insurance Company Travelers Casually and Surety' Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company /.;'";';:;~, fi;~";"-''''..'' "'1<1'\ :i-~G"~C~<lro/'\."'\ :1:, __ :n V'..\~E&~/! "i.s,,,,,,,,,,,~+.l/ -' ~)\ ~JP By 10th December 2008 On this the day of .~~___ . . hefore me personally appeared George W. Thompson, who acknowledged himself 10 be the Senior Vice President of Farmington Casualty Company. Fide]ity and GuaranlY Insurance Company, Fidelily and Guaranty Insurance Underwriters. Inc" Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. 51. Paul (iuardian Insurance Company. 51. Paul Mercury Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United Staks Fidelity and (,uaranty Company. and that he. as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained hy signing un hehalf of the corporations hy himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and orticial seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S,A, 'f{\w "-Marice. (!.j~ Tetre;]ull. NOlary Public:: N Y I INVA I WITH T T RDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the ,lllthority of Ille follmving resolutions adopted hy (he Hnards 01 Diredors of Farmington C,t ompany, Fidelity and (juaranty Insurance Company. Fidelity and (;uaranty Inslllance Undenvriters, Inc.. Seaboard Slllt'lY Cumpany'. St. Paul Fire and r-,brine [nsur,lI1cc Comp;.lIlY. 51. Paul Guardian Insurance Company, St. Paul \1ercury Insurance Company, Travelers Casually and Sun:t;.' (\lmpany. Travelers Casualty and Surely Company of America. and United States Fidelity and CiuaranlY Company. which resolutions arc now in full force and dlcc1. rt'ading as fullows' RESOLVED, Ihat the Chairman. the President. any Vice Chairman, any Executive Viu; Presidenl, any Senior Vicc Pn:sit.!enl. any Vice President. ;lIly Second Vicc President. the Treasurer, any' Assistant Treasurer. the Corporate Secn:lary ur any Assistant Secretary may appoint i\lIorneys-in-Facl ant.! Agenls 10 act for and on hellal! of the Company and may give wch app(lintee such authority as his or her certillcate uf authority may prescrihe tp sign \vith 11lL' Company's IWllle and seal ,^'ith the Company"s seal bonds, reeo!!nizanees, contracts of indemnity, and other wrilings ubligatory in the natlHL' of a hund. n:co)!lliI<lIlcc. or conditional Ulllk'r1aking. and :1I1Y of said officers or the Board of Directors a( any timc Illay remon' any such appuintee and revoke the power given him (lr her: ;lIld it is FURTHER RESOLVED, that the Chairman. the President. any Vice Chainnan. any Exccutive Vict' Pn.:sidt:nt. any SL'niul Vice President or ~lIlY Vice Prl'sitknt Illay delegate all or any part of the foregoing authority \() one 01" more offi<.:ers or employees of this Company. pnwided (h;lle~lch such delegation is in writing and a copy thereof is filed in the office of the Seeretary: and it is FURTHER RESOLVED. that any bond, reL'Ogni.lancc, contracl of indemnity. or wriling uhlig;llory in the nalure of a blllld, recogni.lalKL', or conditional undertaking shall be valid and binding upon the Company whcn (a) signed by (he Presidcn\' any Vice Chairman. any Executive Vice President, any Senior Vice Presidelll or any Vice Presitlenl, any Second Vice President, the Treasurer. any Assistant Tn-:asurel", the Corp()rate Secretary ur any Assistanl Seeretary and duly al1ested and sealed with the Company's seal by a Secn:tary or Assistant Secretary: tll" (h) duly ewculed (under seal. if requircd) by (lnt' \ll" more Atl(lrneys.in"Fact and Agents pursUdllt tll tl1t' power prescribed in his or her certificate or their certifica\t's of ;llllhority 01' hy one or lllore Comp:lIlY officers pursuant tu a written dt:lt'!:~ation 01 authority: and it is FURTHER RESOLVED, that the signaturt' of each of the folluwing officers: Presilk.tl\, any Ex<:cutivc Vice President. any Senior Vice President, any ViCL' President. any Assistant Vice President. any Secn:tary. any Assistant Secretary. allllthc seal of lhe Company Ilwy he affixed by facsimile to any pO\\/l'r nl" attorney or to any certificate rdating thereto appointing Resident Vice Presidents. Resident i\SSisl<lIll SL'cretaries or Anortll'ys-in-F<lct tilr purp\lses iluly uf ext'L'uling and attesting hunds and undertakings and other writings obligalory in the nalure thereof. ,\Ild allY such powel of allorney or ccrtificate bearing ,SUi'll facsimile signalllre or bl'simile sc;d sh,dl he valid and hinding upon the COlllP;lIlY and any such p(lwer su executed :1I1d cerlilied hy' sllch facsimile sign:\ttlre ;IIHI facsimile seal shall he valid and himlillg 011 Ille Company in lhe future with respecl to any oond or understanding to which il is attadwd. I, Kori M. Johanson. the undersigned, Assistant Senetary, of Farminglon Casualty Company, Fidelity and Guaranty Insurance Company. Fidl'lity and Guaranty Insurance Underwriters. Inc.. Seaboard Surely Company, St, Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance COnlpdny, St. Paul :'vkn:ury Insurance Company. Tr:lvelers Casualty and Surety Company. Travelers Casually and Surety Company of America, and United Slates Fidelity and Guaranty Company do hert:hy t.ertify that the ahove and foregoing is a lrue and c\lfJ"ecl copy (II the Power of Attorney executed by said Companies. which i,s in full force and effect and hus nol het'n revoked. IN TESTIMONY WHEREOF, I have hereunto sel my hUlld and aiTIxed the seals nf s,lid Companies this day of 20 Kori M.Joh:1l1S( e ~ ~ ~"'"'.,~ f~,.~ t~Pi <{~~,,:~^"'C, ,? """'''. ~~~~~~'.... (t'{ol'~o~~r~S\ \.~\.si?J!!.iL.":;j ~.. .. Cr...,,, ,....l. ~fi" ..~... l'- '~, To verify the authenticity of this Power of Altorney, call l-X()()-42I -",SSU or contact LIS at www.tra\'I'lershtlnd.coll1. Please refer tn lhe Attorlll'y-In-Faet number. the above-named individuals and the dClails of the bond 10 whit'h the powcr IS attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Client#: 64277 KELBR2 ACORD," CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/30/2009 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 BY THE POLICIES BELOW. PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N Naples, FL 34103 -3303 239 261-3646 Kelly Brothers, Inc. 15775 Pine Ridge Rd. Ft. Myers, FL 33908 INSURERS AFFORDING COVERAGE INSURER k National Liability & Fire INSURER B Seabright Insurance CO. INSURER c: Amerisure Insurance Company INSURER D: INSURER E: NAIC# INSURED COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 11~~f( ~~ TYPE OF INSURANCE POLICY NUMBER PJ>kj~Y J~r68;W1E Pg~fJI~~~t~N LIMITS A X ~NERAL LIABILITY LBN00323 08/01/08 08/01/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE J9",~ENTED $50 000 I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $5000 e!- Ship Repairers Legal PERSONAL & ADV INJURY $1 000 000 ,/ e!- Salvors Legal GENERAL AGGREGATE '2 000 000 v' rl'L AGG:EnE LIMIT APrlS PER: PRODUCTS - COMP/OP AGG $2 000 000 PRO- POLICY JECT LOC C ~TOMOBILE LIABILITY CA101590300 08/01/08 08/01/09 COMBINED SINGLE LIMIT -Ac e!- ANY AUTO (Ea accident) $1.000,000 , >- ALL OWNED AUTOS BODILY INJURY $ >- SCHEDULED AUTOS (Per person) 1L HIRED AUTOS BODILY INJURY $ 1L NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~RA.E LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ / AUTO ONLY. AGG $ / A ~ESS/UMBRELLA LIABILITY LBN00324 08/01/08 08/01/09 EACH OCCURRENCE $5 000 000 ~ X OCCUR D CLAIMS MADE AGGREGATE $5 000 000 , ~ DEDUCTIBLE $ X RETENTION $ 25 000 $ B WORKERS COMPENSATION AND BB1080489 08/01/08 08/01/09 X I ,'!!(~.~,T~l~~ I IOJ~- / EMPLOYERS' LIABILITY $1,000,000 V ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under EL DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below A OTHER P&IIJones HBNOO068 08/01/08 08/01/09 $1,000,000 A Hull HBNOO068 08/01/08 08/01/09 $1,100,000 A Eauiament HBNOO068 08/01/08 08/01/09 $875,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS Contract #08-5135, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard, & Oil Well Road). Collier County, Fiorida is Named as Additional Insured on a primary basis with Respects to General Liability Only as needed by contract, per endorsement #7. Waiver of Subrogation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Government Center Purchasing Department 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ACORD 25 (2001108) 1 of 3 #S352881/M338742 JPE @ ACORD CORPORATION 1988 168 8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25,5 (2001108) 2 of 3 #S352881/M338742 .,"^......_._._._._,-~._,-,~.~ "~'~-"----"-____"'_'~~'_'_',...;"_"'_'" - '" '__'_"_".'_~"~_'-'o DESCRIPTIONS (Continued from Page 1) under Workers Compensation in favor of Collier County, Florida as needed by contract per blanket form WC000313 0484. .30 days notice of cancellation, except 10 days for nonpayment.Workers Compensation/ Employers Liability include US Longshore & Harbor Workers and FL Maritime Employers Liability. Umbrella/ Excess is Bumbershoot Liability extending limits of General Liability/Marine Liability, Auto Liability, Protection & Indemnity, and Employers Liability. AMS 25.3 (2001108) 3 of 3 #S352881/M338742 168 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directiy or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes Ihe policy to which il is attached and is effective on the dale issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company 08/01/08 Policy No. BB1080489 Kelly Brothers Inc SeaBright Insurance Company Coo"",,'" By 7# JJ ~ Endorsement No. Policy Effective Date 6 08/01/08 we 00 03 13 (Ed. 4-84) Copyright 1983 NaOonaJ Council on CompensaUon Insurance. 16B 8 SiARR*MARINE ENDORSEMENT NO.: 1 E~1"'ECTIVE: 12:01 A.M" Aueust 1, 2008. ATf ACHED TO A!''D FORMING PART OF POLICY NO,: LBN003232008. OF THE: ~ation.1 Liabilitv & Fire Insurance Comoanv. ISSI:];D TO' J{eUv Brothers. Inc. ADDITIONAL ASSURED/LOSS PAVEK/WAIVER OF SUBROGATION (,L~lrSES I) It is hereby ondcmood and agreed that this Policy sball include as Additional Assmods or Loss P'yees, ..r:'J' pe:SOD or or;zanizatiOJ! to Vi,horn the Named A.ssure,-j has agreed, by Written contract, to p.,~tivid(' cuveO\g.c. but only with t"c:spect to aperabons performed by Of on behalf of tl'Jl;; ~amed Assured and ()A:ly "nth rt:_s:,?e~t t(} Q';:C\UT-=nces ~11bscquent tu the making of such Mitten contract. ~otwithstaD.ding the- ~bOve, it is further undi;:rstood and agreed that wher~ver Additional A:~sure-ds or Lc.;s P(:yees a"..added to this p"li.cjo it is specifically agreed: A) .' S.Udi Additional Assureds or Lo.. Payee. 'ff. included only with respect to such .dviti.. inso<<d by lhi. polic.y as Ivould exist in tbe_ absence of tbe naming of AdditIonal ASSUfl'lds (If Lo.s.s _ Payee~ and coverage' hereunder s~all in no way be conSIdered extended by the inclusion of Additional Assureds or Loss Paye(ls. B) The indusion of Additional Assureds 0: Loss Pay~es in no way increase ~hc limit of Jiabili.tj' hereunder. C) Ir.-'~he t"veut. of cancellation or chang~ in policy coyerage unless specificalJ.y .end<'fscJ. in Wtltuig to. the contn....ry hCleon, no obligation is imp..)sed on this company to send notice ()f. r,anr.eUation or change ')f cov.rage to an Additional Assured or'Loss Payee and notice to tite original Dall'ed assured shall dIscharge aIi nbligatiolls of this company h~reunder. Tbi. company sball not be required to notify Additional Assureds or Loss Payees of any caneeliation received from th~ origtnal assured hereon. D) Any ct:quest for a certificate _involving non-marine contracts whose total contra(".t 'va;ut:J _exceeds S% of the Named ASliUIed's Projected Gros. Receipts as admed to Underwriters at inception, mUst be referred to Underwriters for approval, prior to. issuance of such ceniticate. . Il) It is forth.. unden;tood and agreed that the \Jnderwril<rs waive their rights of subrogation against any pet'llon or organk"lion. to whom the Named Assured is obligated by written contract to provide such 'Naiver, but only to the extent of such obligation and only with respeot to' operations by or on bebalf cf the Named Assured or to the facilities of'or used by Named Assured. NotwJtl~'tJmding lbe' above, such waiver of rights of subrogation by Underwriftors shall not apply to contJao!i, between the Named Assured and subcontractors or employees of the Named Assured. III :-Iotwitbstanding Commercial Marine LiabilitJ General Conditions Section 7 Item 5 Ow Insurance, coverage lmde, this pOlicy affol\ied to the Additional Assured scheduled below will apply a5 pri.narJ immance where required by contract, and any other insurance issued to .ucb Additional Assured shall appiy as exce.s and !loncGnf:1ibutory t'OSurance. ALL OTHER TERMS, CONJlITIONS, LIMIT" TIO"lS AND EXCLUSIONS REMAIN tiNCH"NGE:D. Kelly Brorhe.. Inc, PoI.icy "io: LBNOOJZ32008 Page 39 Commercial Marine Liability Effec'IY<: Augu.t \, 2008 168 8 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 168 8 coverage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. // WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY /' Required by this Agreement? [;):<:J Yes 0 No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-B-2 168 8 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D Applicable ~ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. D Applicable ~ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ~ Yes D No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: ~ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 / / (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. GC-CA-B-3 168 8 D Applicable ~Not Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable ~ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub~subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-B-4 161 8 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? l2'J Yes D No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non~owned or hired vehicle with limits of not less than: ~ Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-5 From: Gulfshore Insurance, Inc. Client#: 64277 To: Kristen Page: 1./6 Date, 3130/2009 'h lH6 AM KELBR2 ACORD," CERTIFICATE OF LIABILITY INSURANCE MIODIYY 03130/2009 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 BY THE POLICIES BELOW. PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N Naples, FL 34103,3303 239 261,3646 Kelly Brothers, Inc. 15775 Pine Ridge Rd. Ft Myers, FL 33908 INSURERS AFFORDING COVERAGE INSURER A; National liability & Fire INSURER B Seabright Insurance CO. INSURERC Amerisure Insurance Company INSURER D. NAIC# INSURED INSURER E. COVERAGES THE POLICIES OF INSU~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY:>ERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R::SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN~ CONDITIONS OF SUCH POLICIES. AGG~EGATE LIMITS SHOWN MAY HAVE BEEN R:::DUCC:D BY PAID CLAIMS TYPE Of. INSURANCE POLlCY NUMBER I P.PA~CY EFFECTIVE POLICY EXPIRATION LIMITS LTR A X ~Nt:RAL L1ABIUTY LBN00323 08/01108 08101109 EACH OCCURRENCE 11 000000 X COMMERCIAL GENERAL L1A1'lILlTY R~~~~r9,}:~ENTED '50 000 I CLAIMS MADE [K] OCCUR MED EXP (Ary ona par,,~n) .5000 1L ShiD Reoairers Lenal PERSONAL & ADV INJURY '1 000 000 ~ .salvors Leaal GENERAL AGGREGATE .2 000 000 flLAGG:EAE L1M T AlAS PER: PRODUCTS. COMP/OP AGG .2 000 000 POLICY ~[;,9T LOC c ~TOMOBILE UABlUTY CA 101590300 08/01/08 08101109 COMBINED SINGLE LIMIT ~ ANY AlITa /Eaaccuool) 51,000,000 ~ ALL OWNED AUTOS BOOIL v INJURY . SCHEDULED AUTOS (ParpersOllI ..... ~ HIRED AUTOS BODIL v INJURY . ~ NON-OWNED AUTOS (Paraccidanl) ~ PROPERTY DAMAGE . (PeracQQeIll) q~G' COA.'LnV AUTO ONLY - EA ACCIDENT I ANV AUIO OTHER THAN l:AACC , AUTO ONLY. AGG . A @ESs/UIIIBRELlAUABILITY LBN00324 08101108 08/01/09 EACH OCCURRENCF '5 000 000 X OCCUR D CLAIMS MADE AGGREGATE: .5 000 000 . f;i ~EOUC 'be> . X RETENTiON l 25 000 l B WORKERS COMPENSATION AND BB 1 080489 08/01/08 08/01/09 X I T'f!.~VS:~~~~ I IOJ~- EMPLOYERS' LIABILITY .1 000000 ANY PROPRIETOR!PAR1NERlFXFCUTIVE E.L. EACH ACCIDENT OFFICERJMEMBER EXCLUDED? EL DISEASI: . EA EMPLOYEE .1,000,000 Ifyas,descrilleunQer EL DISEASE. POLICY LIMIT .1,000,000 SPECAl PROViSIONS below A OTHER P&lfJones HBNOO068 08/01/08 08/01109 $1,000,000 A Hull HBNOO068 08101/08 08/01109 $1,100,000 A Enuinment HBNOO068 08/01/08 08101109 $875000 DESCRIPTION OF OPERATIONS f LOCATIONS {VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Contract #08,5135, Bridge Repairs (Chokoloskee, Goodland, Green Boulevard, & Oil Well Road), Collier County, Florida is Named as Additional Insured on a primary basis with Respects to General Liability Only as needed by contract, per endorsement #7. Waiver of Subrogation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Government Center -Purchasing Department 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .....=10. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 1 of 3 #S352881/M338742 JPE @ ACORD CORPORATION 1988 .From: Gulfshore Insurance, Inc. To: Kristen Pag" 3/6 Dat" 3/3LljllX19 H5AJ A.M IMPORTANT If the certificate holder IS an ADDITIONAL INSURED. the policy(ies) must be endorsed. A slatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGA nON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificale holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25,S (2001108) 2 013 #S3528811M338742 From: Gutfshore Insurance, Inc. To: Kristen Pag" 4/6 Da'" J/30/2009 '/J),r; AM 168 ( (., DESCRIPTIONS (Continued from Page 1) under Workers Compensation in favor of Collier County, Florida as needed by contract per blanket form WC000313 0484. '30 days notice of cancellation, except 10 days for nonpayment. Workers Compensation/ Employers Liability include US Longshore & Harbor Workers and FL Maritime Employers Liability. Umbrella! ExcBss is Bumbershoot Liability extending limits of General Liability/Marine Liability, Auto Liability, Protection & Indemnity, and Employers Liability. AMS 25.3 (2001108) 3 of3 #S3528811M338742 From: Gulfshore Insurance, Inc To: Krist/.'n Page: )/6 Date: 3/30/2009,/:1):47 AM 168 8 wc 00 0313 (Ed. 4-84) WORKERS COMPENSATION AND EMPLOYERS LIABilITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENOORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the polley to which ills attached and Is effective on the date Issued unless otherwise staled. (The information below Is required only when this endorsement is issued subsequenllo preparation of the policy,) Endorsement Effective Insured I nsurance Com pany 08101/08 Policy No. BB1080489 Kelly Brothers Inc SeaBright Insurance Company Coo,""",,, By <:::7:# jJ~ Endorsement No. Policy Effective Date 6 08/01/08 WCOO0313 (Ed. 4-84) copyright 1983 National Council on Compensation Insurance. horn: C3ulfshore Insurance, Ine To: Kristen Page: 6/6 Da'" 3/30/2009 H5A8 AM 168 8 SlARR*MARINE ~;NDORSEMENT NO., 1 EWECTIVE: !Z:Ol A.M., AU2Ustl. 2008. A1TACHED TO A~-.o FORMING PART OF POLlCY NO.: (,8N0032320D8. OF THE: ~~naJ Llal.>i1itv &: Fir. losuran.. Comoan.. ISSr:t;n TO' J(.Uv Brother.. 10.. ADDl'lJONAL ASSURED/LOSS '''YE&IWAlVEIl. OF SUBROGATION CLJ.l'SES [) ft is ht:reb';" under~t4'lot.l and agreed that this Policy shalJ inclu.de as Additional AssltJ'.eds or Loss Pliy[>es~ 1m)' pe!!lion . or orp:anizatiOJ! to whom the Named As~ured has agreed, by written contract. to p'.~~Vl'i.t' l:lJVerilge, but only witb . !t::ipect to \lperabor..s performed by or en behlltf of th~: ~amed Assured and (JJ:ly wIth res:';tect ~(l O-:Cl~nces ~ll/:l5CGuent to the Ulakiug of such ~Titten contrad, ~otwit\uiandmg t.h~ l}WVC1 it is furtherlUldtntond IU!d agJeed that wherever Addilicmal A~sur~d~ err Loos P..yees arc add(::d to tins polk, it is specifi(,al-I)' agreed: Al . Such Additional Assureds or Loss Paye"" arr. included only with lespect to sucn a<.:oJ,iti... im,ulw by \hi, polic.yas would exist in the, absence of lite naming of Additlonal Assurp.:ds (If 1.0-'8 Pa)'f'e~ and coverage' he~euncier shaH in no way be ~Onclldtred extended by the inclusion of Additk,rUtl ~~.ss.ul'ed'5 or Loss Paye.::s. B) The induslon of Additioual A:ssureds Q~ lollS Pa)~es in no way increas~ ~h(; Jimi~ ofliahih.ty hereunder:, C) rr.. ~ht' ~"ellt of cancellation 01' char.g~ in policy coverage unless specitical1,y .end<"rlicJ in W.tlMg to the conu<.'.ry hctt:o!1, no obligation if> lmpJsc.d on this company to send notice ofci:l.m~ellati(m (lr chang~ #)1' CfrY'(iitgr to an Additional A!{sured \11' -Loss Payee and notice to the- origtmd IUltr.ed assured shall d",harge ali obligations "f .bis company h~eunder. This company sha:! not be .eq..ired,lo notify Additional A~J5ureds or Loss Payees of any canceJiation received from tht: origmal a~sured he:r.eon. III Any r~quest for a -certificate': .involving Don-marine contracts whose t01al wntra('.t .valui:l excef?ds S% of tho Na.""d Asmm:d's Proje<ted Gr= Receipts as advised to Undetwriters at incepliun, milsl borefetred to Underwriters for approval, prior to issuance of such certificate. . II) It is furt.lu:. understood and agreed that the \Jnderwrirers waive their righ.ts of subrogation against 8Jl..V person or orrarJi7.atioDf to whom the Named Assured is obligated by written contract to provide such .~iver, but only to tht ex.ent of such obligation and only with re,,,,ol to' operations by 01 on b.half of the Named "'.aured or to tho iacilitie,; l")f"or used by Named Assured, NUlwlthsfllnding the' above. sucn waiver of rights of subrogation by Underwriter, .~al1 not apply to conh",,-ti, between the Named Assured and subcontractors or employees of the Named Assured, J[J :-Iotwithstanding Commelcial Marine Lisbilitl General Conditions Section 7 Item 5 Q!..l!l:r lnsulOuce, coverage nnder this policy a!Till.led to the Additional Assured scheduled below will apply as pri.T18Tf inaUlance wnere required by con-tract, and any other insurance .issued to bllth Additional Assured shall appiy 19 excess and 'loncOIluibutory ill3wance. .\1.L OTHER TERMS, CONDITIONS, Ll.MlTATl~S AND EXCLUSIONS REMAIN liNCR,\NCiEO. K.Uj' Brolh.rs Inc. I'ol.l.y llio: LBNOD3l320D8 Page 39 Commercial Marine LiabUlty Rn....ln: August 1, 2008 hom: Gulfshore Insurance, Inc. To: Kristen Page: 1/6 Date: 3/30/2009 'i:li46 AM 16 B .8 .~ GULFSHORE INSURANCE FAX TRANSMISSION To: Kris ten Fax: 4828014 From: Jackie Pettis Gulfshore Insurance, Inc. Ph: 239-435-1475 Fax: 239-213-2838 Enlail: jpettis@gulfshoreinsurance.com Subject: Certificate of Insurance Message: PLEASE NOTE: During period of TroPical Stonn iKtivity, binding restrictions may prevent us from obtaining property or autn physical damage coverage on the desired effective date. \Ve may be unable to bmd your coverage untd after the storm has passed. 4]00 Goodlette Road North, Naples, Florida 34103 GulfshoreInsurance.com 239.261.3646 Fax 239.435.0598 Naples, Florida Fort Myers, Florida Marco Island, Florida 168 8 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA) Before me. the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors. material-men, successors and assigns. all claims demands, damages, costs and expenses. whether in contract or in tort. against the Board of County Commissioners of Collier County. Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated . 2008 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men. successors and assigns, that all charges for labor, materials. supplies, lands. licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits. actions. claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2008. by . as of . a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC-CA-C-1 16 B ~8 EXHIBIT D FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Retainage @ 10% thru[insert date] $ Retainage @ _ % after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise iisted in or covered by this Application for Paymenl'will pass to OWNER at time of payment free and clear of all liens, claims. security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE (Type Name and Title) GC-CA-D-1 , i t , , W ::::l 1...1 ..: > u.. 0 W ...I ::::l 0 I~ ,() '(I) '0 " " .S c: o () Ci'1~ .... m J: ~ W" "...J ~<(w ...~:c "",,,, 1-1-1- ~~ W (!) ~ ",'" o I ~ ~ ~ ~ W " ~~ ~< I- W 0: W'" ()U) ~ ~ ...Ju' "''' lD I- I-W Zl- wW O...J o:ll. W:;; ll." o ~CW ..JI-WI- <(Wet:<( b~~Cl I-:E(/)O 8~"'" U) fijl::;! ~a: I-W U)~ :;; . ~ " ~I 0 000 I- :I:~ liQi ~ ....w 0 ll. 0'- ~i 53: " . ll. 0 I- W U)W ...J zl- , ll. 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U 0 '3.2 o.ro ,<:("0 . ~ ~ ~ - 0...... ro- ";;:.2 .S ~ 0.2 0... ::J ~ m 51.!: -g iiil ~ ::J E-c m " ro cO.c E c U ::1= ill i8 ro E i 0 U)" ~ ~2; ~.s i~ ~~ I_ en ill lU; ro . m ~ ~ ro is 0.::: IUj.8 ~ d ,S ;: I I · , , I-~I-I- I i 168 8 N ,;) <l: o o (9 168 8 " ~ o o '" a:: U> iU .;: '" ~ .. ::;; " '" ~ o ~ (JJ 0 I- '" iU w 0 ~ c: U> .. .E iU m " " 0 ~ .;: '" 0 iU Q, ~ U> .!a c: .r:. I- >. -" U> '" ::>- 0 0 iU .;; ~ U> '" .E ~ Q, " " 0 '" .;: > '" II] '(jj Q, 0 .!a '" a:: .r:. I- z." U> '" ::> > <{ 0'- .- '" > 0 '" '" ~ a:: Q, '" ~ '" 0 .c '0 E > ::> .E Z ~ .!!! ~ ::> (JJ c: 0 ., Q, .;: 0 U> '" 0 '" ~ .. 0 - (") o <C o o c.? W II o o II] + <{ in 'S E ~ o u. u (]) ::> c "" c o S o ~ :0 :c x w 168 8 TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ... .................. ........... ........................$ Sum of previous Change Orders Amount ... ...................................$ This Change Order Amount ...... ................ ...................................$ Revised Agreement Amount... ..... ........... .,.......... ..... ... ...... ... .,. .,...... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to. the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Date: Object Code: Project GC-CA-E-5 168 8 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. GC-CA-F-1 168 8 The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance. heat. utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2008 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,2008 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on .2008 OWNER By: Type Name and Title GC-CA-F-2 16fIJ $ EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as .2008 and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable. indicate by N/A. explanation. Acknowledgments: By Contractor: If NO is checked for any of the above. attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC-CA-G-1 168 8 EXHIBIT H GENERAL TERMS AND CONDITIONS 1, INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; GC-CA-H-1 168 8 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC-CA-H-2 168 8 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount. of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC-CA-H-3 168 8 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC-CA-H-4 168 8 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager 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 filed or reasonable evidence indicating probable filing 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 by Contractor. GC-CA-H-5 168 8 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone GC-CA-H-6 168 8 other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. GC-CA-H-7 16'8' 8 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and GC-CA-H-8 168 8 dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, 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 suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 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. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. GC-CA-H-9 168 8 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted GC-CA-H-10 168 8 above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor GC-CA-H-11 168 8 or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. GC-CA-H-12 168 8 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 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, worker's 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 Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 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. 15. CLEANUP AND PROTECTIONS. 15.1 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. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. GC-CA-H-13 16 B 48 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. 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. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. 17.2 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. 17.3 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. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against GC-CA-H-14 16B~8 the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or GC-CA-H-15 168' 8 employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. GC-CA-H-16 168;'8 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 Substantial 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's GC-CA-H-17 168 8 Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. GC-CA-H-18 168 8 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work GC-CA-H-19 168 8 as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager GC-CA-H-20 16 B ''1Y 8 shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 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 for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 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. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 I n the event of an 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 or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of 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 Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order 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. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably GC-CA-H-21 16B 018 encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways,' structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: GC-CA-H-22 16B 8 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. GC-CA-H-23 168 8 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and are available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 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. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all GC-CA-H-24 16B 8 Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such GC-CA-H-25 168 8 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. GC-CA-H-26 16B 8 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment PurchaselDelivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports GC-CA-H-27 168 8 34.1.30 34.1.31 34.1.32 Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. 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. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, GC-CA-H-28 168 8 F.A.C. regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA-H-29 168 8 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS 1. The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. 2. Each bridge project will be awarded to the lowest, responsive and qualified bidder. GC-CA-I-1 168 8 EXHIBIT J TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATION 530.78 ARTICULATING BLOCK MAT 530-01 Description Install a reinforced concrete channel and slope protection system as indicated on the plans by furnishing and placing an approved grout-injected fabric-formed articulating mat. 530-02 Materials Material shall meet the following requirements of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction: Item Cement Pozzolans and Slag Water Concrete Admixtures Fine Aggregate Plastic Filter Fabric Section 921 929 923 924 902 985 Aggregate grading shall be consistent and shall be well graded from the maximum size which can be conveniently handled with available pumping equipment. Grout shall consist of a mixture of Portland cement, fine aggregate, and water proportioned to provide a pumpable slurry. The mix shall obtain a minimum compressive strength of 3,000 psi at 28 days. The air content of the mixed grout shall be in the range of 1% to 6%. Fabric forming material shall consist of specially woven, double-layer, open salvage fabric joined in a mat configuration. The fabric shall consist of uncoated synthetic yarns with sufficient tensile strength and porosity to withstand the pressure of the grout injection pump without breaking the layers of fabric. Fabric shall be woven to provide articulation bands surrounding grout filled blocks. Bands shall control block dimensions and act as filter strips to provide relief of hydrostatic uplift beneath the completed mat. The grout blocks shall measure 6" x 30" x 30". Spacer cords capable of a tensile strength of at least 600 pounds shall be woven between the layers at the required distance to control the mat thickness. Tensile reinforcing cables shall be provided at 12" centers transversely and longitudinally. Cables shall be 11/32" nylon cable with a breaking strength of 5,200 pounds. Cables shall pass through cable ducts between adjacent blocks. Each block shall contain a minimum of 2 transverse cables and 2 transverse cables. GC-CA-J-1 168 8 Additional mat used at piles and placed beneath the articulating block mat shall be a filter point mat without reinforcing cables. 530-03 Construction Requirements Clean, clear, and grade channel bed and slopes to approximate existing elevations and grades. Remove and dispose of all obstructions such as roots, projecting stones, and existing slope protection. All depressions shall be filled with compacted layers of select fill. Install plastic filter fabric over graded surface in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction Section 514. Position fabric mats with cable reinforcing cables at locations shown on the plans. Each panel shall be continuous or monolithic for full width, and seams shall be vertical. Adjacent fabric panels shall be joined before grout injection by field sewing with nylon thread. Where adjacent panels cannot be joined in this manner, or where specified, adjacent panels shall be lapped a minimum of 3 feet. Simple butt joints not permitted. Grout shall be introduced into the space between the layers of fabric. Inject grout in such a way that excessive pressure on the fabric envelope and cold joints are avoided. A cold joint is defined as one in which the pumping of the grout into a given form is discontinued or interrupted for more than 45 minutes. Only approved mixing and pumping equipment shall be used in preparation and handling of grout. Oil or other rust inhibitors shall be removed from mixing drums, stirring mechanisms, and other portions of equipment in contact with grout before the mixers are used. Pumping equipment shall have a variable flow rate to provide enough pressure for pumping without breaking the fabric. If blisters or blowouts occur during grout injection, repair or replace section affected to match adjacent surfaces. Follow manufacturer's recommendations for sequence of injecting grout. Submit proposed grout injection plan for review. 530-04 Method of Measurement Articulating block mat will be measured in square yards, complete, in place, and accepted, based on the dimensions shown on the drawings. Quantity will be computed from projected horizontal dimensions. No slope adjustment will be made. 530-05 Basis of payment Payment will be made at the Contract Unit Price for the following: Item 530-78 Articulating Block Mat - per square yard This payment will be full compensation for all materials, labor, equipment, excavation, backfill, manufacturer's installation supervision, and incidentals necessary to complete the work. Include the cost of cleaning, clearing, and grading the existing slope and channel in the Contract unit price for Articulating Block Mat. Include cost of providing and installing plastic filter fabric in the Contract unit price for Articulating Block Mat. Include cost of providing and installing 6 inch thick filter point mat at pile locations in the Contract unit price for Articulating Block Mat. GC-CA-J-2 168 8 EXHIBIT K PERMITS Applications have been made for all permits and should be available at time of contract award. GC-CA-K-1 16B 8 EXHIBIT L STANDARD DETAILS GC-CA-L-1 168 8 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 168 8 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 MEMORANDUM Date: January 21,2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Review of Insurance for: Contract #09-5111 R: "Radio Road Beautification MSTU/MSTD Roadway Grounds Maintenance" Contractor: Hannula Landscaping and Irrigation,~c. Enclosed is one original agreement, referenced above (Agenda Item #16B9), approved by the Board of County Commissioners on Tuesday, December 2, 2008. The second original agreement will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure (1) 1689 TO: FROM: DATE: RE: 1689 MEMORANDUM Ray Carter Risk Management Department Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department January 8, 2009 Review of Insurance for Contract: #09-5111 R "Radio R~V /J Beautification MSTUlMSTD Roadway Grounds Maintenance"~M Coot~do" H.oou'. L,"d.,".;og ,"d "rig.tlon, 'nc. < hfrj."..;j ---------' This Contract was approved by the BCC on December 2, 2008; Agendadtem 16.B.9 W Ii:J 7'11.,,; , , Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941. Thank you. dodlRC (, /f}~/"li(,11T. ~ ,~" I 1rhc., '/ ' ! I u 'uL"- ,I:'" t\li' ." i, fI../..,,)(r., ", I. i , I. tf1Y ,--[ ',:j;,jj, ,'I. "", '/, ( vV, ,L i t2 " i [.i L',! C: Darryl Richards, ATM I' ....... A G R E E MEN T 09-5111 R 1689 for Radio Road Beautification MSTUlMSTD Roadwav Grounds Maintenance THIS AGREEMENT is made and entered into this 2nd day of December, 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 Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, FL 34135 (hereinafter referred to as the "Contractor"). WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing upon Notice to Proceed and terminating in one (1) year. This contract shall have three (3) 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. The awardee will enter into an Agreement to provide complete services for Radio Road Beautification MSTUlMSTD Roadwav Grounds Maintenance on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5111 R and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 3. COMPENSATION: The Owner shall pay the Contractor for the performance of the Agreement pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of any other chargeslfees 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 on-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". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). 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: Hannula Landscaping and Irrigation, Inc. Attn: Dale Hannula 28131 Quails Nest Lane Bonita Springs, FL 34135 Phone: (239) 992-2210 Fax: (239) 498-6818 Page -1- 1689 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 PurchasinglGeneral Services Director Phone: 239-252-8371 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 such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for Page -2- 1689 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. 11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page -3- 1689 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance andlor Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor andlor materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punch list 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. 15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of productslmaterials from specifications shall be approved in writing by Owner in advance. 16. 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 Page -4- 1689 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. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 18. 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. 19. 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. Page -5- 1689 20. 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. 21. 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. 22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 23. 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. 24. 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. 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. Page -6- 1689 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. 25. 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 Change Order 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. 26. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B". (2) Consent of Surety (if applicable) to final payment. Page -7- 1689 (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 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. 27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 29. 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, Bid 09-5111 R, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -8- 1689 30. 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, andlor any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual andlor firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, andlor quotes; and, c. immediate termination of any contract held by the individual andlor firm for cause. 31.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. 32. SALES TAX. 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. No markup shall be applied to sales tax. 33.IMMIGRA TION 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. 34. 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. 35.0FFER 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. 36.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. Page -9- 1689 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: Dwight E. Brqck,CIe~o~Courts By:-1}~ ~tn~h;;cn 0 . Dated: .' Attest IS (~.f_ , ,tQll.t..e 011.- ' ~~~~ First Witness }~f\nJcCf41x'-t\tioLr TypelPrint Witness Name Approved as to form and leg&:c~RJ~ 1_ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~ Tom Henning, C irman Hannula Landscaping and Irrigation, Inc. Q 'A/IlL. -----;r By: U-rr/l.:;:~{-- "'" Signature ~a....\Q... \~""...:>'\v- Typed Signature '\> {' .P \, A'l1'- \. Title Page -10- ltem# 1<0 eA =da J '0-6:0 EXHIBIT A PUBLIC PAYMENT BOND 1689 Bond No. Contract No. 09-5111 R KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- 1689 Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of ,~ cl corporation, on behalf of the corporation. Helshe is personally as identification and did (did 200_, by _ ,a known to me OR has produced not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No. ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 1689 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- 1689 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 09-5111 R KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 1689 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 200_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Name: Its: Witnesses as to Principal STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation. HelShe is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- ATTEST: SURETY: 1689 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200___, by , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- 1689 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , a corporation, on behalf of the corporation. personally known to me or has produced identification and did (did not) take an oath. Helshe is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- 1689 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No. 09-5111 R Project No. Application Date Payment Application No. for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _0/0 after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or othelWise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims. security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Type Name & Title) By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 1689 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5111R TO: DATE: PROJECT NAME: PROJECT NO,: Under our AGREEMENT dated ,200_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now L---> calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, if any. to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- EXHIBIT E 1689 CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. Page -20- The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 1689 RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page-21- 1689 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 1689 The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on 2004 OWNER By: Type Name and Title Page -23- 1689 EXHIBIT G WARRANTY In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT. Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION. The undersigned party further agrees that it will, at its own expense, replace andlor repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given. This warranty and guaranty is in addition to any other warranties or guarantees for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to Florida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM1DDIYYYY) 01/15/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 GoOOI_ Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE NAIC. INSURED INSURER A: FCCllnsurance Company Hannula Landscaping & Irrigation, Inc. INSURER 8: 26131 Quails Nest Lane INSURER c: Bonita Springs, FL 34135-6930 INSURER 0: INSURER E: Client#. 33375 HANLA1 1689 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ~= TYPE OF INSURANCE POLICY NUMBER POLICY EFFECnve P~~'fY EXPIRATtON LIMITS A ~NERAL UABlUTY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE '1 000 000 X COMMERCIAl GENERAl LIABILITY DAMAGE TO RENTED '100000 I ClAIMS MADE [!] OCCUR MED EXP (Anyone person) .5000 lL PD Ded:1.000 PERSONAL & ADV INJURY .1000000 - GENERAL AGGREGATE .2 000 000 GEN'L AGGREGATE LIMIT APrlS PER: PRODUCTS ~ COMPIOP AGG .2 000 000 ~-POlICyrl :.~,Q;: LOC A ~TOMOBIL.E LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT lL ANY AUTO (Ea accident) '1,000,000 - AlL OWNED AUTOS BODILY INJURY . SCHEDULED AUTOS (P&fpefSOn) - ~ HIRED AUTOS BODILY INJURY (~ accident) . lL NON-OWNED AUTOS - PROPERTY DAMAGE . (Per accident) ~G' LlASIUTY AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC . AUTO ONLY: AGG . A EXCESSJUMBRELLA UABtLITY UMB00062121 01/13/09 01/13/10 EACH OCCURRENCE .3 000 000 ~-OCCUR D CLAIMS MADE AGGREGATE .3 000 000 . ~ ~EDlJCTIBlE . X RETENTION .10000 . A WORKERS COMPEN8ATlON AND 001WC08A40029 01/01/09 01/01/10 X I.WCSTATU-, I IOJ~ EMPLOYERS' LIABILITY .500 000 ANY PROPRIETORlPARTNERlEXECUTIVE E.l. EACH ACCIDENT OFF1CERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE .500,000 lfyes, describe under E_l. DISEASE - POLICY LIMIT .500 000 SPECIAL PROVISIONS below OTHER DESCRJPTtON OF OPERATIONS I LOCATIONS I VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Bid:09-5111R-Radlo Road Beautification MSTD/MSTU Roadway Grounds Maintenance Collier County Board of County Commissioners is Named as Additional Insured with Respects to General Liability per CG2033 0704. "30 days (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners Naples, FL 34102 SHOULD ANY OF THE ABOVE DEscmBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR #S348019/M347612 ~ ACORD 25 (2001108) 1 of 3 CAH co ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmativeiy or negatively amend, extend or aller the coverage afforded by the policies listed thereon. ACORD 25-8 (2001108) 2 of 3 #S348019/M347612 DESCRIPTIONS (Continued from Page 1) notice of cancellation, except 10 days for nonpayment. AMS 25.3 (2001/08) 3 of3 #S348019/M347612 1689 EXHIBIT A -1 Contract Amendment 09-5111R "Radio Road Beautification MSTIMSTD Roadway Grounds Maintenance" y. This amendment, dated July 2, 2009 to the referenced agreement shall be by and between the parties to the original agreement, Hannula Landscaping and Irrigation, Inc., (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "County"). Statement of Understanding The following change to the above referenced Agreement has been mutually agreed to by the Contractor and the County: The deletion of language in Section 13 of the Agreement is shown herein by strikethrough, ]3. PAYMENTS: Generally, the Contractor will be paid upon completion however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. 8t1bseql:lllllt to the first fllt)'meftt, CaHtmeter must pra'tide OWHef with a fully eX66utea Release ena Affiaayit in the feffl'l ttttaclled .lieret6 as Bxhibit "B" ltll a eeflaitieH precedent t6 release of reellpfogres5 paymeflt. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C". In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection ofliquidated damages in the event oflate completion. All other terms and conditions of the Agreement shall remain in force. 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(s) indicated below. Accepted: dw'~ IS} ,2009 CONTRACTOR: ~:u~~ion,lnc. Authorized Signatory ~k.. F. H..N~ PJf.tJiJ",i- Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ f1~~ Stephen Y. ameli Director of Purchasing and General Services Approved as to form and Legal sufficiency: cCQRo~~ Assistant Coun Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should he hand deliwn::d to the Board Office The completed rouling slip and original documents are to be jilrwarded to the Board Office only after the Board has takt:n action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or intormation needed, If the document is already complete with the exee tion of the Chairman's si nature, draw a line Ihrou h routin lines #1 thrau #4, com lete the checklist, and forward to Sue Filson (Iine#5). Route to Addressee(s) Office Initials Date List in routin order) I. 2. 3. 4. <~ off- e, 1€-D-C h 5. Sue Filson, Executive Manager ,t .L C~o LLI'I \ -L Board of County Commissione 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta:t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, inclooing Sue hlson, need to cmtact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the item.) Name of Primary Staff Michael Greene Phone Number 252-5849 Contact Agenda Date Item was 12-02-08 Agenda Item Number 16 b 10 Approved bv the BCC Type of Docwnent Resolution & Agreement Number of Original '-t - AS re"",e~i-, Attached Documents Attached I - JR-"'~'.f"f'~f\ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original docwnent 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 parti"s except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some docwnents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12-02-08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chao es, if a licable. Yes (Initial) N/A (Not A lieable) 2. 3. 4. 5. 6. ,t> ,'\ C<, '-~~ 1...0 ,'\ ... ub I: Forms! COOOty Formsl BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16810 Co~T County ~ ~ - ~ MEMO To: Minutes and Records From: Laurie Beard, Trans. Planner Date: January 12,2009 Re: Resolution and Agreement After the Resolution and Agreement have been attested, please send back to Michael Greene in Transportation Planning via inter- office mail. Michael needs to send these to FDOT for their signature and review. Once we get them back, Michael will forward the originals back to you. Thank you. Laurie Beard Trans. Planner 16B10 MEMORANDUM Date: January 27,2009 To: Michael Greene, Planning Manager Transportation Planning Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-346 & accompanying Transportation Post Project Maintenance Agreement between Collier County and FDOT for Project #030176: CR 901 @ Vanderbilt Drive (over the Cocohatchee River) Bridge Replacement Project Attached for further processing, you will find a certified copy of the above referenced resolution and four original duplicate agreements referenced above, (Agenda Item #16BI0) adopted/approved by the Board of County Commissioners on Tuesday, December 2, 2008. After forwarding to FDOT for review and signatures, please return a fully executed original agreement to the Minutes & Records Department so that it may be kept in the Board's official records. If you should have any questions, please contact me at 252-8406. Thank you. Attachments: (1 Certified Resolution) (4 Original Agreements) 16810 RESOLUTION NO. 2008-346 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA MEMORIALIZING THE BOARD'S APPROVAL OF A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY RELATED TO THE CR 901 AT VANDERBILT BRIDGE # 030176 COCOHATCHEE RIVER BRIDGE REPLACEMENT PROJECT AND AUTHORIZING THE CHAIRMAN TO SIGN THAT AGREEMENT AT THE DECEMBER 2, 2008 MEETING. WHEREAS, at the December 2, 2008, meeting of the Board of County Commissioners the Board approved a Post Project Maintenance Agreement (the "Maintenance Agreement") with the Florida Department of Transportation establishing the responsibilities of the parties pertaining to post-project maintenance after the repair/replacement of the CR 901 at Vanderbilt Drive Bridge # 030176 over the Cocohatchee River Bridge and authorized the Board of County Commissioners, through its Chairman, to enter into the Maintenance Agreement with the Florida Department of Transportation; and WHEREAS, the Florida Department of Transportation requires the Board to provide a resolution memorializing and confirming the Board's aforementioned affirmative vote to approve the agreement and authorize the Chairman to execute the Maintenance Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; On December 2, 2008, the Board of County Commissioners approved by majority vote the Maintenance Agreement and authorized its chairman to execute that Agreement. A certified copy of this Resolution will be forwarded by the Collier County Clerk to FDOT along with the executed Agreement. This Resolution is hereby adopted after motion, second and majority vote this 2nd day of December 2008. ATTEST: DWIGHT E. BRQCK, Clerk >, "JBOr;__ -". ~. . . - . " ., ~~;Dt. dOflat.....JlOfI'.) .. " ,j> A~~7ij~egal sufficiency: Scott R. Teach, Deputy County Attorney 16B10 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA B~ TOM HENNIN , ltem# ~ ~~:,da .l7,-l-o~ =d I,.lt:r~ ~~ Florida Department of Transportation 16BIO CHARLIE CRIST GOVERNOR P.O. Box 1030 Fort Myers, Florida 33902 STEPHANIE C. KOPELOVSOS SECRETARY February]],2009 Ann Jennejohn Deputy Clerk Collier Clerks of Courts 3301 E. Tamiami Trail Naples, FL 34] 12 RE: Executed Transportation Post Project Maintenance Agreement Financial Project No.: 408440 1 52 01 Description: CR 901 at Vanderbilt Drive Bridge # 030176 over Cocohatchee river bridge replacement Dear Ms. Jennejohn: Enclosed for your files is one (1) copy of the executed Maintenance Agreement on the above referenced project. Should you have any questions, please feel free to contact me at (239) 46]-4300. Sincerely, ~ aren A. Miracola istrict LFA/JPA Coordinator cc: Michael Greene, Planning Manager, w/original James Wooten, Project Manager, MS ] -27, w/original www.dot.state.fl.us 16BIO FPID # 408440 1 52 01 TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY This is an Agreement, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and COLLIER COUNTY, hereinafter referred to as "LOCAL AGENCY" for the maintenance of post-project transportation enhancements described below. WITNESSETH 1. WHEREAS, pursuant to S339.08(2)(b), Florida Statutes (1995) and the Intermodal Surface Transportation Efficiency Act of 1991, the DEPARTMENT is authorized to undertake a project within the LOCAL GOVERNMENT geographical limits; and 2. WHEREAS, said project is identified and known to the parties as Financial Project # 408440 1 5201, FAP # 00B1 014 B, which will benefit the LOCAL AGENCY; and 3. WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the LOCAL GOVERNMENT to maintain the project; and WHEREAS, the LOCAL GOVERNMENT by Resolution No.2008-346 , dated Dee. 2, 2008, a copy of which is attached hereto and made a part hereof, has consented to and approved the Agreement and has authorized its Chairman of the Board of County Commissioners or Designee to execute said Agreement. NOW, THEREFORE, in consideration of the premises, the parties agree as follows: 1. The DEPARTMENT has undertaken the project and obtained approval for federal participation in CR 901 at Vanderbilt Drive Bridge # 030176 over Cocohatchee river bridge replacement. 2. It is understood and agreed by the parties that upon completion of the project, the LOCAL AGENCY shall be responsible, at its costs, for maintenance of said project in accordance with the following federally accepted state standards: (a) Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (2005), as amended; (b) FDOT Procedures 850-065-001 and 850-065-002, as amended. 16810 3. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. 4. To the extent allowed by law the LOCAL AGENCY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and its officers, agents and employees from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or occurrence of omission or commission of the LOCAL AGENCY, its officers, agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its negligence. 5. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 16810 IN WITNESS WHEREOF, the COLLIER COUNTY has caused this AGREEMENTto be executed in its behalf through its Chairman or designee, and the DEPARTMENT has caused this AGREEMENT to be executed in its behalf through its District Secretary for District One, FLORIDA DEPARTMENT OF TRANSPORTATION as indicated below. This AGREEMENT shall become effective on: :;> /10 /09 .. . ',cr ";' COLLIER COUNTY ATTEST:nwigh:fJ{;".Broek, Clerk ... : .;"'\ BY: tWM ~~A. 0 G. .~A IS to 0..'''''' , .t..... 0Ii1~~' PRINT NAME ,,' ' BY: C AIRMAN OR DESIGN BOARD OF COUNTY C Tom Henning PRINT NAME Deeember 2, 2008 TITLE COLLIER COUNTY LEGAL REVIEW: DATE DATE DATE .-~-;7?J:Ln ~JJ)b1 De,aty County AU....., BY: STATE OF FLORIDA DEPARTMENT OF TRANSPITATION ATTEST ByhM#t'L 1n'~ ~:Dljg / ~~Tva-l~Yfl t /vl CCdnb: ~~~b (~O~ Jidty\II'\I$brt-hV~ AS/~1nnf ZjJ4D'-t)lr!(~t at TW1V\s~~ be.v. Z./J{}/01 TITLE DATE TITLE DATE T MANAGER A::~ FLA. DEPT, OF TRANS, LEGAL REVIEW: BY', //~"':'.';""''''.r "-,,, ..'-' .". / 1tI"lI#t>7 / 16811 MEMORANDUM Date: December 10, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Callaway & Price Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures 16 BU) Q~OCliffiJMED: COUNTY AITOn:\!EY ITEM NO.:~-~ \d::- O(CJJL FILE NO.: ROUTED TO: ?~E"":"~ '~'::",0 -, ~~M '). .., 2 ~.~..__,,~ .' , :1 ,., '. . 'C_'. ....,. " ;... V DO NOT WRITE ABOVE THIS LINE [Iv 1\~ \J~1~{&-1 REQUEST FOR LEGAL SERVICES Date: December 2, 2008 To: From: Re: Office of the County Attorney Attention: Jeff Klatzkow Rhonda Cummings, CPPB, Contract Specialist . /tl/~i\d (,.. C/!tf7 )ii-1;,/~_)_> Purchasing Department, Extension 8941 Contract: #08-5067 "Real Estate Appraisal Service" II d- _ <6' - og Appraisers: J, /~ American Acquisition Group CJYl u cO Anderson & Carr p I ~ . () 0 ~ Appraisal Group of Central Florida (Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. 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. MEMORANDUM 16B11 TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist;\ 47;;1/,: L~(IJl!l':r:-{? -,---..... Purchasing Department ' I. ! / DATE: December 2,2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum J Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services OATE RECEIVED DEe II 3 2008 H Mt-NAGEMUfl G' . / 1-'<1 1;{G Lfft ;'~"r [I.'. '/ I ut -1 " . /.,,4 This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC C: Harry Henderson, TECM/ROW , www.sunbiz.org - Department of State Page 1 of2 16811 Home Contact Us E.Filing Services Document Searches Forms Help PJJ~ylous onJ,,,ist N~~_LQJ1J"i~t RE!:lyn:LIpJ",l$t No Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corporation CALLAWAY AND PRICE, INC. Filing Information Document Number 394208 FEI Number 591373470 Date Filed 01/19/1972 State FL Status ACTIVE Principal Address 1639 FORUM PLACE #5 WEST PALM BEACH FL 33401-2330 Mailing Address 1639 FORUM PLACE #5 WEST PALM BEACH FL 33401-2330 Registered Agent Name & Address SLADE, MICHNEL R 1639 FORUM PLACE STE 5 WEST PALM BEACH FL 33401 Name Changed: 02/21/2002 Address Changed: 02/21/2002 OfficerlDirector Detail Name & Address Title P SLADE, MICHAEL R 1639 FORUM PL #5 W PALM BEACH FL Title VS GRAY, HARRY D 1639 FORUM PL #5 W PALM BEACH FL Title VT HRABKO, DANIEL P. 1639 FORUM PL 5 http:/ /www.sunbiz.org/scripts/cordet.exe?action=DETFlL&inCLdoc _ number=3 94208&in.., 11/20/2008 . www,sunbiz,org - Department of State W PALM BCH FL Title V SHAW, STEPHEN D 1639 FORUM PL 5 W PALM BCH FL Tille V PHILLIPS, CURTIS L 1639 FORUM PL #5 WEST PALM BEACH FL 33401 Title V NEILL, STEPHEN G 1639 FORUM PL #5 WEST PALM BEACH FL 33401 Annual Reports Report Year Filed Date 2006 03/08/2006 2007 04/20/2007 2008 04/07/2008 Document Images Q4LQ7/200.8 .. ANN.UAL R!:E'ORT 04/20/2P07 .C ANNUAL REPORT Q3/08/2QQJi .. ANNUAL !'fOPORT 03/15/2005.. ANNUAL REPQRT 04/09/2Q04 .. ANNUAL REPQRT 04/14/2003 .cANNUAL REPORT 02/21/2002 .. ANNUAL REPORT 04/1212001 .. ANNUAL REPORT 04/19/2000 "ANNUAL REPORT 03/09/1999 ,,~ANNUAL REPORT 03/27/1998.. ANNUAL REPORT 04/30/1997.. ANNUAL REPORT 05/01/1996 ,. ANNUAL REPORT 04/25/1995 :::.ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format I rNote: This is not official record. See documents if question or conflict. I previ9JJJ;,JW Lisj M~~tQJLList RetlMn_I9.List No Events No Name History Horne Contact us Document Searches E,-Filing Servin':s Forms Help Copyright and Privacy Policies Copyright @ 2007 Statt~ of Florida, Department of State. Page 2 of2 16B1: Entity Name Search http://www.sunbiz.org/scripts/cordet.exe?action=D ETF1L&in'L doc _number~3 94208&in.., 11/20/2008 ."."----~. ",., _._~-_..-.._---,~_..~--.~,~-~"_..-., .,....._~-_.,--,._^' 16B11 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this L day of 1)cL"....J,,,,,--; 2008, by and between Callaway & Price, Inc., authorized to do business in the State of Florida, whose business address is 1639 Forum Place, Suite 5, West Palm Beach, Florida 33401, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods, The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats" otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable, The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112,061, Florida Statutes, currently: Mileage: $ 44,5 per mile Breakfast: $ 6.00 Lunch: $11,00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16811 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and p1ace(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Stephen D. Shaw, MAL In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. Page 3 of ] 5 16811 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Stephen D. Shaw, MAl Callaway & Price, Inc. 1639 Forum Place, Suite 5 West Palm Beach, FL 33401 Phone: 561-686-0333; Fax: 561-686-3705 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. Page 4 of 15 16B11 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16, TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 5 of 15 16811 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federa11aws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. 0, Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 16811 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 US.c. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 16811 29. DISPUTE RESOLUTION, Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla, Stat. 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. 30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16811 IN WITNESS WHEREOF, the Appraiser 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FRIDA By: Tom Henning, Chair n APPRAISER Callaway & Price, Inc. ~~~-fJ~r ~ u-+-L K. Pe~l'\,~\'itl\ tTypej print witness namet ~~~ Se ~itness ':::Y0),~ G ~ ~ 4; ~~ _ tTypejp int witness namet BY:.A.~ r) .~ Signature stephen O. Shaw, MAr Vice President Typed signature and title Approved as to form and legal sufficiency: Co/teet! f/I/, if 8fA.---O--. Print Name Item # i lo BJj .~ l~ld-IC~ DIlI'e lallv{vg Rec:<i '(I~ UJI~Pt ~ Assistant County Atlorney Page9ofl5 EXHIBIT A Scope of Services 16811 COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable, REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page] 0 of 15 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map andj or the written information provided: o Date of sale and recording data - Grantor j Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning, o Existing and available utilities, o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (ajkja "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment, Page Ii of 15 16811 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page 12 of15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property, Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assigrunents a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required, All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis, This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16lJl1 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps, Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16JB!11 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60,00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of15 16811 A CORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDOlYYYY) 11/26/2008 PRODUCER (561)746-4546 FAX: (561)746-9599 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Tequesta Agency, Inc. HOLDER. THIS CERTlFICA TE DOES NOT AMEND, EXTEND OR 218 S. US Highway One ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sui te 300 Tequesta FL 33469 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A QBE SDecialtv Insurance Callaway & Price, Inc. INSURER B Auto-Owners Insurance 18988 1639 Forum Place, Ste 5 INSURER C Mon tgomery Insurance INSURER 0: ArnCornp Insurance 10346 West Palm Beach FL 33401 INSURER E Tudor Insurance Company THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, ~~E ~~~URANCE T~F;L~~DED BY THE ~~~IC~El::S...R~~~~~~~,~~~,EI~"IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES A R ATE LIMIT H WN MAY HAVE B NR D Y I I I~!>.R ~~'2.'; TYPE OF INSURANCE POLICY NUMBER Pg,k+~~:i~j6g,W\E Pgklfllrl~~~N LIMITS R ~NERAL L1ABIUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ~~~~*H9E~~J~~nce\ $ 50,000 A X l CLAIMS MADE ~ OCCUR TXBOOOI007 9/20/2008 9/20/2009 MED EXP 'Anv one "erson\ $ 5,000 L- PERSONAL & ADV INJURY $ 1,000,000 L- GENERAL AGGREGATE $ 2,000,000 ~'L AGG~nE ILlMIT AnES PER PRODUCTS - COMPIOP AGG $ 2,000,000 X POLICY j~gi LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Eaaccident) L- ANY AUTO B X L- ALL OWNED AUTOS 4695524900 9/20/2008 9/20/2009 BODILY INJURY (Per person) $ e"- SCHEDULED AUTOS e"- HIRED AUTOS BODILY INJURY $ e"- NON-OINNED AUTOS (Per accident) L- PROPERTY DAMAGE $ (Per accident} RRAGE UABIUTY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EAA""C $ AUTO ONLY AGG $ ~ESS!UMBRELLA LIABILITY EACH OCC RREW'''' $ 5,000,000 OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 $ C X =;i DEDUCTIBLE EU053677568 9/20/2008 9/20/2009 $ X RETENTION S 10,000 $ D WORKERS COMPENSATION AND I T~{IfiJN~ I IOJ~- EMPLOYERS' LIABILITY 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? WCV4078907 3/1/2008 3/1/2009 E_L. DISEASE - EA EMPLOYEE $ 500,000 Ilyes,describeunder 500,000 SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT $ E OTHER Professional. SPLOO12749 9/12/2008 9/12/2009 Limit $2,000,000 Liabil.ity DESCRIPTION OF OPERATIONS!LOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVIStONS CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Building Agreement #08 5067 3301 E Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATNE Mark Kasten/GLORIA LA -~~---/:-)'..:7>.:~~.d, _ ACORD 25 (2001108) l"EJ'F"created with pdfFactory trial version wwwpdffactorvcom @ACORD CORPORATION 1988 MEMORANDUM Date: December 10, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Appraisal Group of Central Florida Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16B11), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures 16811 ITEM NO.: X - W-J'--OO-ll /' DATE RECEIVED: C/~ OFFiCE OF THE COUrny AiTORNEY16 B 11 FILE NO.: ROUTED TO: ~7,~i... -,....,.... La -' ... -~~ ~:,....,. "'2 ......... -.-',.' .,. i 1"1 ". J REQUEST FOR LEGAL SERVICES \14' 1 { \)"..t- ~~ ('d-- ~ -Df: (!fY1& , ~1~.cJD~ / '1,0'"1 t'e I /Ij,~~/C .. ._" DO NOT WRITE ABOVE THIS LINE Date: December 2, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 /' ':.7~'/' '/ j /' /- ,{ / l../L-,r, / - ~, , . Re: Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr .,/ Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16,B.11 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. 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. MEMORANDUM 16811 TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist '. ':f; !A/' <' ~ i{/}!j/', '; /"'. ',~ Purchasing Department . ./' r I .' I DATE: December 2, 2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr .; Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. C: Harry Henderson, TECM/ROW DATE RECEIVED UEC 0 3 2008 RISK MhNAGEMENI (.. /~J: r1(~(~ ~~:t </ 1i~) Iii ,0 Alii{' /} IfLi! {r< dod/RC . www.sunbiz.org - Department of State Page 1 of2 16811 Home Contact Us E-Filing Services Document Searches Forms Help PI:~_\{i_Q_us on List Ne~lQJJ List Rj>J.l!fn To_I,J~t No Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corporation THE APPRAISAL GROUP OF CENTRAL FLORIDA, INC. Filing Information Document Number V17212 FEI Number 593108381 Date Filed 02/27/1992 State FL Status ACTIVE Principal Address 378 CENTERPOINTE CIR SUITE 1286 AL TAMONTE SPRINGS FL 32701 US Changed 03/08/2001 Mailing Address 378 CENTERPOINTE CIR SU ITE 1286 AL TAMONTE SPRINGS FL 32701 US Changed 03/08/2001 Registered Agent Name & Address MACMILLAN, RICHARD K 378 CENTERPOINTE CIRCLE SU ITE 1286 AL TAMONTE SPRINGS FL 32701 US Name Changed: 04/28/1998 Address Changed: 03/08/2001 Officer/Director Detail Name & Address Title D MACMILLAN, RICHARD K. 215 WEEPING ELM LANE LONGWOOD FL Title D POPE, H.K. 620 LAKE AVENUE ALTAMONTE SPRINGS FL 32701 http://www.sunbiz.org/scripts/cordet.exc?action=DETFlL&inq_doc_number=VI7212&i...11120/2008 www.sunbiz.org - Department of State Page 2 of2 16811 Annual Reports Report Year Filed Date 2006 01/23/2006 2007 01/30/2007 2008 02/01/2008 Document Images 02/01/2008 .. ANNUAL REPORT Vi",.,.".imag", in POF format I . 01/30/2007 - ANNUAL REPORT Viewlmage in POP forrnat -- 01/23/2006 =-ANNUAL REPORT Vie.....lrnage in POP format 011481<oQ5.. ANNUAL REPORT Vi",.,." irrl<lg", in POPforrnat 02/20/2004 .. ANNUAL REPORT Vi"'.,."IIl'1<lg",inPOP format - 01/17/2003 =-ANNUAL REPORT View imageinPOFfOrmal 02/20/2002 .. ANNUAL REPORT VieWln\alle inPOF' forrnal -. 03/08/200.1 .C. Al\iN_lIAlREf'QRI View.image inPOPformat 0311Z120QO=-ANNUAL REPQRT Vil'lW'image b\POPforrnal 0510311999=-ANNUAL REPORT View lrriage inPPFforrnat 04/28/1 998 .. ANNlIAL REPORT View iniage inPOF format I 02/07/1 997 -. ANNUAL REPORT VieWim<lg", infOF. format I 05/01L:1996.. ANNUAL REPORT View image inPO Plormat I 04/21l199.5..~ANNUAL REPORT View image in POF format I Note: This is not official record. See documents if question or conflict. I Previous on List Next on List Retyr!') To List I No Events No Name History Entity Name $earch I Home Contact ,,, Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz,org/scripts/cordet.exe?action~DETF1L&in~ doc _ number~V 17212&i... 11/20/2008 16B11 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this ,~"cl day of iJU.'M bc,.-- ,2008, by and between The Appraisal Group of Central Florida, Inc., authorized to do business in the State of Florida, whose business address is 378 Centerpointe Circle, Suite 1286, Altamonte Springs, Florida 32701, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Page 1 of 15 16B11 Reimbursable Expenses as defined in this agreement. Payments shall be made to the Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act", Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11,00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USPAP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors" or for providing previously omitted materials. 5, DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced Page 2 of 15 amount for items not completed within the expressed time frame. These funds W!I~~ 11 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and p1ace(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Richard K. MacMillan, MAl, President. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s), 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, F1a, Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16811 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Richard K. MacMillan, MAl, President The Appraisal Group of Central Florida, lnc, 378 Centerpointe Circle, Suite 1286 Altamonte Springs, FL 32701 Phone: 407-539-1288; Fax: 407-539-7004 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16811 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, p.s., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance, 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18, INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability, Page 5 of I 5 16811 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Coml'ensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance, Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance prOVISIOns. 19, INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of 15 16811 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 US.c. 1324, et seq. and regulations relating thereto, as either may be amended, Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. Page 7 of]5 16B11 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of15 16811 IN WITNESS WHEREOF, the Appraiser 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA k of Courts t&~ he B eate \ -,~ . ~it~t~as to Cha 11"11I40 S ')~ l~.ture on , , APPRAISER The Appraisal Group of Central Florida, Inc. thlJr/o--lf<. -Po IcLYIUJ First Witness CAClr/ofk folt1J/e.o tType/print witness namet ~ 1Vc-4a /;f~ [I P Second Witness I B;-rr=~ "- \~-!'-- . ~ Signature Richard K. M8CW.iIi2~, President Typed signature and title f4, Approved as to form and legal sufficiency: Item# IlcPJ U ~111 ~ , Assistant County Attorney CD/teet! /VI. Bree/L.L Agenda h I .:::11...0 Date ~Vl) Print Name ~:~d \~g Q~ Deputy Clerk Page 9 of 15 16811 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator, STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i,e" where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/or the written information provided: o Date of sale and recording data - Grantor I Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning, o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments, SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report, The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser, The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 of15 16B11 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useab1e space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page 120f15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole," Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida, Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County, Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16B11 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignrnent(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16811 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 16811 ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 11/25/2008 PRODUCER (407)849-0333 x139, Fax(407)425-5694 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION George Eidson Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ELOW. 2807 Edgewater Drive Orlando FL 328540209 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity The Appraisal Group INSURER B: 378 CenterPointe Circle Suite 1286 INSURER c' Al tamonte Springs FL 32701 INSURER 0: Altamonte Springs INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INS~~~~7~T~~:~~~ED BY T~~ :~~I~~E;l""\l~;~~~I'~~~I~~~II~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSR ADD'L Pgl~~~~~68~f PgkIfJ{~~6~tW{N LIMITS TYPE OF INSURANCE POLICY NUMBER ~NERAL LIABILITY I6808468H753TIA 08 01/20/2008 01/20/2009 EACH OCCURRENCE $ 1,000,000 .!. ~M~ERCIAL GENERAL LIABILITY ~~~~*~J9E~~~J~~nce\ $ 1,000,000 A - CLAIMS MADE W OCCUR MED EXP IAn one Derson) $ 10,000 - PERSONAL & ADV INJURY $ 300,000 - GENERAL AGGREGATE $ 1,000,000 ~'L AGG:nE LIMIT AFlES PER PRODUCTS. COMP/OP AGG $ 1,000,000 PRO. POLICY JECT Lac AUTOMOBILE LIABILITY I5808468H753TIA 08 01/20/2008 01/20/2009 COMBINED SINGLE LIMIT - (Eaaccidenl) $ 1,000,000 f- ANY AUTO A ~ ALL OWNED AUTOS BODILY INJURY (Per person) $ f- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED AlJTOS (Per accident) f- PROPERTY DAMAGE $ {Per accident) R~GE LIABILITY AUTO ONLY. EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY; AGG $ 0~S/UMBRELLA L.IABILlTY ISFCUP8468H753IND08 01/20/2008 01/20/2009 EAI"'H OCI"'IIRRI"NI"'I" $ 1,000,000 X OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000,000 S A ~ ~EDUCTIBLE $ RETENTION of: $ WORKERS COMPENSATION AND I )~>(~ STATU., I IOJ~. EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Ifyes,desclibeund8i'" EL DISEASE - EA EMPLOYE S SPECIAL PROVISIONS below EL. DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days for Non Payment of Pr emium Certificate holder is listed as an Additional Insured as respects the General Liability policy. CERTIFICATE HOLDER CANCELLATION Collier County Government Purchasing Building 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LJABILJTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT A TlVES. AUTHORIZED REPRESENTATIVE ~,._/C/~~ @ACORD CORPORATION 1988 Carroll Frazier/CAF ACORD 25 (2001/08) II\J~n?t::{f'I;"a\"o~ 0",.,,, 1 "I? 16811 03-03-2003 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed belo......has elect.e.d tp b.eelCempt from Florida Workers' Compensation La....., EFFECTIVE 01/23/2003 EXPIRATION DATE N/A PERSON SSN FEIN BUSINESS MACMI LLAN RICHARD K - 593108381 APPRAISAL GROUP CENTRAL FLORIDA INC 378 CENTER POINTE CIRCLE SUITE 1286 ALTAMONTE SPRINGS FL 32701 NOTE: Pursuant to Chapter 440 , 1 O( 1) ,(g). 2 ,F. S, , a sole proprietor, partner. or an officer of a corporation .....ho elects elCemption from the Florida Workers' Compensation La..... may not recover benefits or compensation under Chapter 440 , PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF flORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION CF WORKERS' COMPENSA 1l0N .~ L D NON-CONSTRUCTION NlUSTRY C81TIFICA TE DI' EXEMPTION FROM flORIDA WORKERS' COMPENSATION LAW EFFECTIVE: 01/23/2003 EJCPIRATlON: NfA PERSON: MACMILLAN RICHARD SSN: 261-86-2063 FEIN: 593108381 H E R E NOTE: Pursuant to chapter 440,10[1).lgl,2, F,S., a sol, proprl'tor, partner, or officer of an corporation who elects exemption from th, Florida Work",' Compensation Law may not recover benefit. or compens'tion under Chep!er 440, BUSINESS: APPRAISAL GROUP CENTRAL FLORID 378 CENTER POIDE CIRCLE SUITE 1286 ALTAMONTE SPRWGS Fl 32701 CUT HERE .. Carry bottom portion on the job, keep upper portion for your records. 16811 04-29-2003 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation Law. EFFECTIVE PERSON SSN FEIN BUSINESS 01/23/2003 EXPIRATION DATE N/A POPE HELEN K .., 593108381 APPRAISAL GROUP CENTRAL FLORIDA INC 378 CENTER POINTE CIRCLE SUITE 1286 ALTAMONTE SPRINGS FL 32701 NOTE: Pursuant to Chapter 440 . 1 0111. (gl. 2 . F . S. . a sole proprietor. par'tner. or an officer of a corporation who elects exemption from the Florida Workers' Compensation Law may not recover benefits or compensation under Chapter 440, PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF RORIOA DEPARThlENT OF ANANClAL SERVICES OIVlSlON OF WORKEIlS' COr.t'ENSA TION .~ L D NON-CONSTRUCTION INDUSTRV cmTIRCA TE OF EXEMPllON FROM FlORIDA WOflK81S' COMPENSATION LAW EFFECTIVE, EXPIRA TIOtt PERSOtt SSN, FEIN, BUSINESS: NOTE: Punuant to ,hapter 440,10111.1gl.2, F,S" a sol. proprietor, partner, or officer of an '''poration who .Iects exemption lrom tie Florida Worken' Compensation Law may not recover b"efits or coll1lloosation under Chapter 440, 0112312003 N/A POPE HELEN m-S9-US8 593108381 APPRAISAL GROUP CENlllAL R.ORIO 378 CENTER PO~TE CIRClE SUITE 128S AlTAMONTE SPRINGS FL 32701 H E R E CUT HERE · Carry bottom portion on the job, keep upper portion for your records. 1 ~ ACORD I CERTIFICATE OF INSURANCE I ISSUE DATE (MM/DDIYY) 11124/08 PRODUCER PROFESSIONAL LIABILITY SERVICES THIS IS TO CERTIFY AS A MAlTER OF INFORMATION ONLY AND CONFERS NO 1250 S, HIGHWAY 17-92 RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LAKE CENTER SUITE 110 BELOW. LONGWOOD, FL 32750 COMPANIES AFFORDING COVERAGE INSURED COMPANY A GENERAL STAR INSURANCE COMPANY LEITER COMPANY B THE APPRAISAL GROUP OF CENTRAL LE'ITBR FLORIDA, INC. COMPANY C LEITER 378 CENTER POINTE CIR, STE, # 1286 COMPANY D ALTAMONTE SPRINGS, FL 32701 LEITER COMPANY B LEITER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEWW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDINO 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 [S SUEJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REPRODUCED BY PAID CLAIMS, co TYPEOl'lNSlJRANCE POUCYHUM8I!R POLIC~;:::O~~D^TB ~~~C:{~~N L1Mn"S '" GENERAl-LIABILITY - OeNl!RAJ.AOOIleGATB $ '- jMMBRCIALGlfNBRAL !.lABILITY PRODUCTS-OOMPIOI'.AOO. $ - ClAIMSMADl! D OCCUlt PERSONAL ol ADV. INruRY $ - OIVNEll'S.I: CONTRACTORS PROT I!ACHOCCUIlRENCE $ FlRBDAMAGE[AnYCIIlo/lr.) $ MED.l!XPJrnSl!IAnvone_1 $ ~OMOB]U!LIABlLITY COMBINED SINGLE $ ANY AUTO LIMIT f- f- Al.LOWNWAtrrOS DOOILYINIlJRV $ (Fa"""",,) f- SCHEDutEDAUTOlt f- HlREPAUTOS OOOll Y INJURY $ (l'<<acei~enl) I- NON-oWNl!D Al1roS fRQPBRTY aAlMO!! $ GARAGE UA.IIIUlY exCESS LlABJLJTY EACIlOCCIJRRENCl! $ ROM'''''''''''' AGGUOATI! $ OTHeR THAN UMBRELLA FORM WORXl!1l.'S COMPENSATION I STATIITORY LIMITS '"0 I!ACHACCIDI!HT $ EMI'LOVEI!'S UADILlTY IJlSBA$I!.POLlCY LIMIT $ DISI!''''SB.BACH BMPLOYl!l! $ OTHER $1,000,0001 PROFESSIONAL A LIABILITY NJA9763S4D 01/01/08 01/01/09 $1,000,000 $5,000 INSURANCE D5SOUPTlON OP OJlEJl.ATION&'l.OCATlON8lV1!H1ClI!SlSPI!CIAL ITEMS CERTIFlCA T8 HOLDER CANCEUAT10N COLLIER COUNTY GOVERNMENT SHOULD ANY OP TIm ABOVE DBSCRlBED FOUClES HE CANCELLED BEFORE THE BXP1RATlON DATE THEREOF, THE ISSUING COMPANY WILL ENnEA VOR TO MAll.lO _ DA VS WRJTIBN NOTICe TO THE PURCHASING BUILDING CERTIFICATE HOLDER NAMEOTO THBLBFT, BUT FAILURE TO ~n.SUCHNonCti SHALL IMPOSE NO 3301E,T~~ITRAlL OBLlOAT[ONOR L!AB1U~ ANY KIND UPON THE CO P~, ITS AGENTS OR RBPRBSDNrATIVBS. NAPLES, FL 34112 Allf"ORlZEOIUl',; "<, E /7-.-~ /. /!;U~ ...CCORD 25-5 7190 C ACORD CORPORATION 1990 16B MEMORANDUM Date: December 10, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Integra Realty Resources Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. rfyou should have any questions, please contact me at 252-8411. Thank you. Enclosures 168J1 COlli> 'TV ^1T01)!\'EV . ) ,.It ~ \ , {'"'Ii 1.. lId ~ I Co OfFlCElfGriHfRECEIVED: 16811 Gol~ /v\q V.,"r st1 1(J- '6/D~ ,. .... CJYl(7 . ';I~OVU C{~~~e~ _' c,r.c .- 4 .,'. '), "2 ; ~-l L. -.) ITEM NO.: a-"PQ.c - 010 L{ 3 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 2, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos "Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Jeff, this is a standard contract with no changes. 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. MEMORANDUM 16811 TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department < 'l: . ''''J/"'' " . ,..'. ,:' c' i., /, <1 f. L_ t / /';!U' / ,1' [~ ,,-__CI/ /~ ..(.-q./ ) DATE: December 2,2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos V Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. C: Harry Henderson, TECM/ROW DA TE RE ", CUVEC Ore a 3 2008 I<I"k " ::',1>1,',,,. , "Vlto'\l-./:"" ...../ ",Flr:N; /tY'ViA 4, I / 1ir f~ vu.f-l /lIvid dod/RC .,.;,ww.sunbiz.org - Department of State 11 Home Contact Us E-Filing Services Document Searches Forms Help ~rgYious on Li;H N~xt o.f1 b_i~j .fiEtlurn_JQ List Event~ Name History Entity Nam~ S~arch Detail by Entity Name Florida Profit Corporation INTEGRA REALTY RESOURCES SOUTHWEST FLORIDA, INC. Filing Information Docum~nt Numb~r POl 000122076 FEI Number 030386053 Date Filed 12/26/2001 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 10/01/2003 Event Effective Date NONE Principal Address 4795 ENTERPRISE AVE NAPLES FL 33104.7042 Changed 10/04/2002 Mailing Address 4795 ENTERPRISE AVE NAPLES FL 33104.7042 Changed 10/04/2002 Registered Agent Name & Address STOKES, JULIAN 4795 ENTERPRISE AVENUE. NAPLES FL 34104.7042 US Address Changed: 02/19/2003 Officer/Director Detail Name & Address Title P STOKES, JULIAN 4795 ENTERPRISE AVENUE NAPLES FL 34104.7042 Title V TIPPETT, THOMAS 4795 ENTERPRISE AVENUE NAPLES FL 34104.7042 Title ST http://www.sunbiz.org/scripts/cordet.exe?action~DETF1L&inq_doc_number=P01000122...11/20/2008 '.Yww,sunbiz.org - Department of State Page 2 of2 STOKES, DEBORAH 4795 ENTERPRISE AVENUE NAPLES FL 34104-7042 Annual Reports Report Year Filed Date 2006 01/11/2006 2007 01/24/2007 2008 01/09/2008 Document Images 01/09/2008=.ANNUAL REPORT 01/24/2007 =.ANNUAL REPORT 01/11/2006 =-ANNUAL REPORT Q~L10/2005.. jlNNUAL REPORT 01/22/2004 -c ANNUAL REPORT 10/01/2003 =-Name Change Q2/1!;j/2003.cANNU.ALnREPQ8J 04/23/2002.. ANNUAL REE'DRT 12/2.Eian01 .. Domestic Profit 16811 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. I Evenm N~me Historv PreviOY$onJ"i$! fl!extgnJ"l$! RelymToJJst Entity Name Search Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyrigtlt. (c) 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action~D ETFIL&in~doc _number= PO 1 000 122,.. 11/20/2008 16B11 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this 2.~\ day of D."p~l,~''L008, by and between Integra Realty Resources-Southwest Florida, authorized to do business in the State of Florida, whose business address is 4795 Enterprise Avenue, Naples, Florida 34104, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit" A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page 1 of 15 J6811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act", Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/ or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period, Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials, 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 1 5 16811 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9, CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Julian L. H. Stokes, MAl, CRE, FRICS. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, F1a, Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of15 16811 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Julian L. H. Stokes, MAl, CRE, FRICS, Managing Director Integra Realty Resources-Southwest Florida 4795 Enterprise Avenue Naples, FL 34104 Phone: 239-643-6888; Fax: 239-643-6871 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing, Page 4 of 15 16817 - 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S, Government now in force or hereafter adopted, The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin, 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. Page 5 of 15 16811 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions, 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of 15 16811 20. CONFLICT OF INTEREST: Appraiser 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, Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda, 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser 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 USe. 1324, et seq, and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer, 27. 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. Page 7 of 15 16811 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16811 IN WITNESS WHEREOF, the Appraiser 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA f Courts k Attest as to Chaln14d , slQoaturt' 00" APPRAISER Integra Realty Resources-Southwest Florida L~c..' \ ~(}.., YY\o..'tTi VI tTypejprint witness namet jJ 5($ dv Second Witness ( \ \ By: ~.. ~ 1 ~ rY\u}\--:t~ First Witness Julian L. H. Stokes, President Typed signature and title Debbie Stokes tTypejprint witness namet Approved as to form and legal sufficiency: Item # ~rn~ Ct;[f8)7 ((I. been~ Print Name Assistant County Attorney Page 9 of 15 EXHIBIT A Scope of Services 16811 COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc, are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning, o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 of 15 16811 PARENT TRACT After application of the three corrunon tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking, The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useab1e space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction, Page 12 of 15 Lond 'nd Afftttcd Imp'=cm~'" Only on Impmved P=,1o - II it " the ^!,~,€) 1 judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only, Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required, All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis, This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16Rl1 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 140fl5 16Rll EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 11 A CORD:.. CI;RTIFICA TE OF LIABILITY INSURANCE , DATE (MMfDDIYYYY) 7/23/2008 PRODUCER Phone- ~-262-5143 Fax: 239-261-8265 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ---- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brown & Browr. of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 999 Vanderbilt Beach Road, #507 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples FL 34108-3507 INSURERS AFFORDING COVERAGE NAIC# INSUReo INSURERA:SOlltnern_Owners Ins Co. Integra Realty Resources SW FLA Inc. rNSURERB:AmArican International Comnan 4795 Enterprise Avenue Naples FL 34104 INSURER c: INSURER 0: INSURER E: 168 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. '~:: D~-~ TYPE n. POLICY NUMBER POLICY EFFECTIVE POllCYEXPIRATlON LIMITS A ~NERAL. LIABiliTY 20709630 7/5/2008 7/5/2009 EACH OCCURRENCE $1 000 000 lL rlMMERCIAl GENERAL LIABILITY PREMISES Ea ClCCUrenoo $50 000 CLAIMS MADE !iJ OCCUR MED EX? (Anyone person) $5 000 f- PERSONAL &ADV INJURY $1 000 000 f- GENERALAGGREGATE $2 000 000 n'~AGG:EnILlMr~ APflS ;ER: PRODUCTS - COMP/OP AGG $2 000 000 POLICY .~9.,: LOC A ~TOMOBllE LIABILITY 20709630 7/5/2008 7/5/2009 COMBINED SINGLE LIMIT $1,000,000 (EaQCddenl) - ANY AUTO - ALL OWNED AUTOS BOOlL Y INJURY (Par person) $ - SCHEDULED AUTOS ;lL HIREDAUTQS BOOll Y INJURY (Per accident) $ ;lL NON-OWNED AUTOS f- PROPERTY DAMAGE $ (Peracdd8flt) ~R~OE UABILlTY AUTO ONLY - EAACC1DENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGO S p~SSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR D CLAIMS MADE AGGREGATE $ $ R. DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WC6969594 5/1/2008 5/1/2009 X r WCSTATu.. IOJb'" EMPLOYERS' LIABILITY ANY PROPRIETORfPARTNERlEXECUTlVE E.L. EACH ACCIDENT $100 000 DFFICERlMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $100 000 g~~:S~~~s'lorNS below E.l. DISEASE. POLICY LIMIT $ "nn nnn OTHER DESCRIPTION OF OPERATIONS / LOCATIONS {VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate Holder is listed as an Additional Insured per orm # 55202 (12-04) Additional Insured Exclusion-Products-Completed Operations for General Liability only. CERTIFICATE fiOLDER Collier County Board of Commissioners 3301 Tamiami Trail East Naples FL 34112 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT "liVE ~-f~y+ @ACORDCORPORATlON1988 ACORD 25 (2001/08) OPID l 6J1r.l,l) INTEG57 03 12 08 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 BY THE POLICIES BELOW, ACURD - - {;t:RTIFICA TE OF LIABILITY INSURANCE PRODUCER Schifman, aam1ey & Assoc., Inc 5201 Johnson Drive, Suite 500 Mission KS 56205 Phone:913-831-1777 Fax:913-831-4730 INSURED Int.gra R8a~ty Resources SoutfiWQst Florida 4795 Enterprise Avenue Naples !'L 34104 COVERAGES INSURERS AFFORDING COVERAGE NAIC # ~. "'-'-- ,.. '-- ~ ~~ ~~ ,,,,,- INSURER B INSURERC' "-~~---- -~-- INSU;ER;;--~----~- --~ --- --~'.'-- INSURER E; THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEAM 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. r~ ..---~--I. -. POLI~i~'\,';"'cn,\1' P8k~~Y'Q~~'t"J~qN . - .- I!'~'!;! TYPE OF INSURANCE POLICY NUMBER OATE M lDOIVY LIMITS ~NERAL UABllITY --:CH OCCURRENCE , ;6.'f;fAGETu Kt:Nl t;U .- ~~.. COMMERCIAL GENERAl L1ABIU1l' ~~_ES (Ea occuren~) , I C~IMS MADE D OCCUR "-,,--- ~':D E!,<P (Anyone persOfIL_ +-'------ - ~9NAL.~,ADV INJURY I '--..- GENERAL AGGREGATE I ---- -.--- ~'L AGG~EhE~~~: APr~lS PER: PRODUCTS-C9-M~OP~~ 1-'--.-.__.__. POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT I AtN AUTO (Ea accident) I-- --'~'-'- ---.-.._- I.- ALL OWNED AUTOS BODILY INJURY (Pet parlion) . 1--- SCHEDULED AUTOS f---. ,-- 1--.-..-- I.- HIRED AUTOS BODILY INJURY (Per accldenl) , NON.QWNED AUTOS - -.--'-"'.- .-- - I PROPERTY DAMAGE . i (Per accident) ==rAGE UABIUlY ~"!.:.O O~l Y ~ EA ACCIDE~.!- I ._--~_._~ Am AUTO OTHER THAN EA ACe . --.;r.----- AI)TO ONL v: AGG $ EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE , P OCCUR o CLAIMS MADE -..- .-....---.- AGGREGATE --- $ -~-~..~-- ~u_____ R DEDUCTIBLE ------,-- ~..._---- RETENTION $ . WORKERS COMPENSATION AND ITg~/~!~'If's I IOlt --..----...-.,- EMPLOYERS' UABILI1Y ~-,CH ~~CIDENT-=--. ~._--- ANY PROPRIETORlPARl'NERlEXECUTlVE OFFICERlMEMBER EXCLUDED? ~~. DISEASE. Ell. EMPL~~ . If~, describe und&l' -'~_._.~ ..~-- S CIAL PROVISIONS belllW E.L DISEASE - POLICY LIMIT . OTHER A Errors & Om:lssions 0035262555 03/14/08 06/14/09 Limit $1,000,000 Oed. SlOOOO' )ESCRIPTION OF OPeRATIONS I LOCATIONS I VEHICLES I EXCL.USIONS ADDEO BY ENDORSEMENT 1 SPECIAL PROVISIONS ;ERTIFICA TE HOLDER >CORD 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POL.ICIES BE CANCELLED BEFORE THE EXPIRAT10 DATE THEREOF, THE 1513UING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAllU~E TO 00 sa SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AU ~T~ @ACORDCORPORATION 1988 16811 MEMORANDUM Date: December 16, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Wilcox Appraisal Services Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures ITEM NO.: oS'~' 01050 16811 DA17S';il!l:i=CE:I'i.....-.: . . \.~.'e:',-\" rr4-i.J.,.J '<\"~"'). ," .. - , ,I I~,\.)i ,i' ~-'-I ')t,': ~ . I i, g FILE NO.: .-' - ~ :") "' j,- i Ii;, 22 ROUTED TO: REQUEST FOR LEGAL SERVICES 1J ~yY1 J>.-J,5)09 1')- I &fltl ld - Id--- oZ crnb pie; (jo>J2~ DO NOT WRITE ABOVE THIS LINE Date: December 4, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech .; Wilcox Appraisal Services BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: /:E2--::-' Jeff, this is a standard contract with no changes. Please forward to ~ BCC f signature after approval. If there are any questions concerning the "- ument, please contact me, Purchasing would appreciate notification when the documents exit your office, Thank you. RLS # ../2$- her' - Of 0 SlJ CmXKLlST FOR REVIEWING CONTRACTS Entity Name: I/J{/...~.if(AI5AL- ,'JdV(('i-S) I^"'c:, Insurance Insurance CCl1ificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name correct (BCC)" Commercial General Liahility General Aggregate Required $__ ___ Products/Compl/Op Required $..______ Personal & Advert Required $ _________ Each Occurrence Required $ __~) W~:",- Fire/Prop Damage Required $___________ Automobile Liability Bodily In] & Prop Required $ 'irK'f oco__ Provided $ .5co ,1'1''-' Workers Compensation Each accident Required $ 5~~f e??P Disease Aggregate Required $ Disease Each Empl Required $ _ Umbrella Liability Each Occurrence Provlded $ Aggregate Provided $ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occurrence Required $_~~JJPt?O Pcr Aggregate ReqUIred $ __._ Other Insurance Each Occur Type: Required $ _______m_ County required to be named as additional insured? County named as additional insured? Entity name correct on contract? Entity registered with FL Sec. of State? t/"Yes ..v. Yes \......-"'"'Yes v_Yes Yes _~_Yes Provided $ a.,IJI1Q1fO./'. Provided $d~-. Provided $ __Ll__ Provided $~MI~~_ Provided $ __n .. __ Provided $ Provided $ Provided $ Exp Date _. Exp Date Yes Provided $ I ~oo ot> cl Provided $ .'f-;;-f Indemnification Does indemnification meet County standards? Is County indemnifying other party? Performance Bond Bond requirement referenced in contract? If attached, expiration date ofbond .__. Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? Provided $ _v _Yes .I..L Yes If"'Yes Yes Yes Yes Yes ..L. Y es _I.L_ Yes . LYes v Yes _'LYes v:Yes __1/ Yes _\.,(ves 16811 No No No :-/0 ..JL No No Exp. Exp, Exp, Exp. Exp, DateJ~.. Date Date Date Date Exp Date '/Jrz-/ CI'? _ - -7 dCI\I(j~~() --- J J'~ .- crr-Uo Exp Date Exp Date Exp Date No Exp. Exp, Date5/sjo<!_ Date 'I Exp Date No No No v'No .~No No No No No No No No No No No Review'er Initial~'~ _ Dale: "7:;'~-1T128 04-('()A~22 www.sunbiz.org - Department of State Page lof2 6B11 Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List No Events No Name History Entity Name Search Detail by Entity Name Florida Profit Corppratiol! WILCOX APPRAISAL SERVICES, INC, Filing Information Document Number P93000055173 FEI Number 650428412 Date Filed 08/04/1993 State FL Slatus ACTIVE Principal Address 1633 SE 41 ST STREET CAPE CORAL FL 33904-7470 Changed 02/14/2003 Mailing Address 1633 SE 41ST STREET CAPE CORAL FL 33904-7470 Changed 02114/2003 Registered A~E!nt Nal11~e~~_~dd~!'l.~~ WILCOX, R A 1633 SE 41ST STREET CAPE CORAL FL 33904-7470 US Address Changed: 02/14/2003 OfficerlDirector Detail Name & Address Title PSTD WILCOX, R A 1633 SE 41ST STREET CAPE CORAL FL 33904-7470 TitleVD WILCOX, PATRICIA A 1633 SE 41ST STREET CAPE CORAL FL 33904-7470 Annual Reports Report Year Filed Date 2006 03/17/2006 2007 02/13/2007 2008 01/07/2008 D()cument Images 01iO/"2008 r'\NNUM_ f-<EPOr-;;T View image in PDF format http://eefeorp.dos.state. fl. us/seripts/eordet.exe')aetion~ D ETFl L&inq_ doc_number P9300... 12/12/2008 www.sunbiz.org- Department of State 02!13i2007 -- ANNUAL REPORT I 03/17!200f3 ~~ ANNUAL REPORT [ 01/05/2005 -- ANNUAL F~EPor..n I 01/07/2004 ANNUAL v:':EFOHT I 02114/2003 -- Ar'-JNUAL REPORT r 0:3/05/2002 -- ANNUAL R[POF\T r 03/22/2001 ... l\NNUAL REPORT 04!22J2000 ANNUAL REPORT 03/09/1999 -- ANNUAL. HEPOHT I ()4/27/1D98... ANNU!~L r:':EPOHT [ 04/24/1997 ANNUAL HEPORT I 05101/1996 ANNUAL REPORf l O~i!O'L'1995 -- ANNUAL PEPDRT r View image in PDF format J View image in PDF format I View image in PDF format I View image in POF format I View image in POF format I View image in PDF format I View image in POF format J View image in PDF format I View image in POF format I View image in POF format J View image in POF format J View image in POF format I View image in PDF format J ~te: This is not official record. See documents if q~~ti~~-~~~~~n~ Previous on list Next on List Return To List No Events No Name History Entity Name Search ".;!,<' Page 2 of2 16B11 http://cefeorp.dos.state. fl. us/seripts/eordet.exe')action~D ETFIL&inq_ doc_ number= P9300... 12/ 12/2008 16B11 MEMORANDUM TO: Ray Carter Risk Management Department ) {\ -~'/ I FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist '\ 'f Purchasing Department DATE: December 4, 2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech .; Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you, If you have any questions, please contact me at extension 8941. C: Harry Henderson, TECM/ROW r:t~I;I" I.()~.l... [I.'.'..... /.. i /'J 17//'~ ~i dod/RC 16B11 for DATE RECEIVED OfT 0 5 2008 RISK I{~N!\GEMENT A G R E E MEN T 08-5067 Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this )',<t day of j)C(,,~loe,;-2008, by and between Wilcox Appraisal Services, 1nc" authorized to do business in the State of Florida, whose business address is 1633 S.E. 41st Street, Cape Coral, Florida 33904-7470, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed, In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized, 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of IS 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats" otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.s., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County, The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property, Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence, The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16B11 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8, MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by R. Alan Wilcox, MAl, SRA. In addition, at the discretion of Appraiser, one (I) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10, CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. Page 3 of 15 16Bl1 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies, 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: R. Alan Wilcox, MAl, SRA Wilcox Appraisal Services, Inc. 1633 S.E. 41st Street Cape Coral, FL 33904-7470 Phone: 239-542-2311; Fax: 239-542-4995 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. Page 4 of 15 16B11 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5" all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser, The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice, The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability, B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page5ofl5 16B11 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liabilitv Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy, Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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, Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provIsions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 16811 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda, 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 16911 29, DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida, The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44,102, Fla, Stat, 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. 30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise, The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change, The County retains final approval of proposed replacement personnel. Page 8 of 15 16811 IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWigh<';;;~di,F ;;:--- . BY' . ,. ...... " . D~~i~j -. .i~1OC\l" ,./,' to ~j -:: \ _,,- BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, FL RIDA B' APPRAISER Wilcox Appraisal Services, Inc. (jJ~(l.Uic7- First Witness -""7 Id (\. , By: ,,--. ~- \. )0 ~r Signature PAl RIC'.IA tType j print A, Wi (CD/- et ~ -",.~lAN \...':"\LtJ.:,)( \f~~">li)t.~\;':::;A)jN".L Typed signature and title 1'-41 c.......f::...,-_L-- CoJ-~.::.S1 tTypejprint witness namet Approved as to form and legal sufficiency: (~~ Assistant County Attorney Colleen &YUrL-L Print Name Page 9 of 15 16811 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCA nON MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e" where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well, o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning, o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments, SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation, This table (a/k/ a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report, The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser, The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 1 1 of 15 16811 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms, Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing, Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Pagel2of15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County, Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided, The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Pagel3of15 16RII discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and! or comparative analyses made during the development of the appraisals, and! or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16B11 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 CERTIFICATE OF INSURANCE 16B11 12';1 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois D STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois D STATE FARM FIRE AND CASUALTY COMPANY, Aurora, Ontario D STATE FARM FLORIDA INSURANCE COMPANY, Winler Haven, Florida D STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below; , P I' h Id WILCOX APPRAISAL SERVICE INC o Icy 0 ef s.......... A This certifies that '..n....."'. , Address of policyholder 1633 SE 41st St, Cape Coral, FL I Location of operations 1633 SE 41 >or; St, Cape Coral r FL : Description of operations Appraisal services i The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject : to all the terms, exdusions, and conditions of lhose policies. The limits of liability shown may have been reduced by any paid claims. I POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) Comprehensive : BODILY INJURY AND 59-PE-2090-9 B Business Liability 11/15/2008 11/15/2009 PROPERTY DAMAGE ------------ 1Si PrOd~Cts ~ Completed OperationS H_____ .. -. -.-.._-_.- ... This insurance includes: 12';1 Contractual Liability Each Occurrence $1,000,000 12';1 Personal Injury 12';1 Advertising InjUry General Aggregate $ 2,000,000 D D Products - Completed $2,000,000 D Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limil) D Umbrella Each Occurrence $ D Other Aggregate $ POLICY PERIOD Part I - Workers Compensation - Stalutory Effective Date : Expiration Date Workers' Compensation Part II - Employers Liability and Employers Liability Each Accident $ Disease - Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date lat beginning of policy period) : .- THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIElED HEREIN. Name and Address of Certificate Holder If any of the described policies are canceled betor€: their expiration date, State Farm will try to mail a written notice to the certificate holder days belore cancellation. If however, we fail to mail such notice, no oblIgation or habllity Will be Imposed on State Fall11 or Its~nt~ or represen lyes -]ll ~J s~a-rure of AuthorIZed e resentatlve Aqer:~_. _.__~~__~_ Title Michael Sullivan Agent Name Telephone Number 239-574-4070 m~~~t s~~~~:~~------~--~- 12/9/2008 Date Certificate holder is additional insured as regards to Commercial General Liability. COLLIER COUNTY BOARD OF COUNTY COMM"SSIONERS 3301 TAMIAMI TRL E NAPLES FL 34112-3969 558-994 3.6 Printed in USA Rev. 05-.09-2006 16B11 ACORD I CERTIFICATE OF INSURANCE I ISSUE DATE (MMIDDIYY) 12/2/08 PRODUCER PROFESSIONAL LIABILITY SERVICES THIS IS TO CERTIFY AS A MATTER OF INFORMATION ONLY AND CONFERS NO 1250 S, HIGHWAY 17-92 RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TilE COYERAGE AFFORDED BY TilE POLICIES LAKE CENTER SUITE 110 BELOW. LONGWOOD, FL 32750 COMPANIES AFFORDING COVERAGE INSURED COMPANY A C.N.A. INSURANCE COMPANY LEITER COMPANY B WILCOX APPRAISAL SERVICES, INC, LETTER 1633 SE 41" STREET COMPANY c LETTER CAPE CORAL, FL 33904 COMPANY D UITrER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF rNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT'ON 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 TERMS, EXCLUSIONS, AND CONDlTfONS OF SUCH POLICIES, LlMlTS SHOWN MAY HAVE BEEN REPRODUCED BY -P1\if}--ph\-lMS:;:::_ . . --.---. . --.- - co TYPBOPINSURANCE POLICYKUMIIER POl.ICY~~DATf! ~~~~~~N LIMITS '" ornl!llALLlABlUTY - Gf:NBRAL AGGREGATE , - tJMMf!RCIALGENI!RALUABlllTY pRQOUCfS.OOMPIOI'.AOO. , - ClAlMSMAUE D OCCUR. I'ER.!lONAL Ii. AOV. INJURY , - OWNI'.R.'S '" aJNTRAcroRS pROT I'.ACHOCCURREHCE! , fiRE DAMAGE! (I\flyooe fire) S Ml!O_I!XPENS1!{""u""Q~....n S ~UTOMOBJL1! UASIUTY COMB1~D SINOLl! S ANYAlffO UMlf - - AlLOWNI!DAlJTOS 1I0DlLYINJIJlI.Y S (ptrpGtSal) ~ SCIiEOUlEDAIlfOS - H1RflOAlffOS BODlLYlNJUIlY , (PerttCldCOl) - NON.Q\VNEDAUTOS PROPERTY DAMAO!! , DARADE UABJlITY EXC!!SSLIABllITY EAClIOCCURlU!NCIi S =j ,"".m.."""" AGOREGATH , OTHER THAN UMBRelLA fORM I SlA1UTOR.Yl.lM1TS WOnI!R'500MI'[HS,UJON "'" EAClIACCIOENT , EM1'LOYI!I!'SLlAlllLll'Y DISEASE-I'OUC't'LlMlT , DlSIIAS&.EACH l!MPLOYl!E , OTKBR $1,000,000 / PROFESSIONAL A LIABILITY RNP 28762136708 05/05/08 05/05/09 $1,000,000 $2,500 INSURANCE OESCRwnON Of OPERA nONSllOCATIONSNl!ltlCLESlSPBCIAl JTEMS CERTifiCATE HOLDER CANCI!.LLATION COLLIER COUNTY BOARD OF SHOULD ANY OF THli ABOVE DBSCRIBED POLlCII!.S BE CANCELLED BEFORE THF. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL BNDEAVOR TO MAIL30 __ DAYS WRITI6N NOTICE TO THE COMMISSIONERS CERTIFICATE HOLDER NAMED TO THB LEFT, BUT P~; TO MAIL SUCH NOTICE SHALL IMPOSE NO 330IE.T~~ITRL OBLIGATION OR LlABI~OF ANY KfND UPON THE C ~NV, ITS AGENTS OR REPRESENTATIVES. NAPLES, FL 341] 2 AUTHORlZl!DPJi,P~Nf:'rvE ~..,... t/t/ ... "?~ ACCORD 2~.S 7/rxJ o ACORD CORPORATION 1990 16Bl1 Wilcox Appraisal Services, Inc. .11111111111. Appraisal Institute'" Transmitted Via Email dianadeteon@colliergov.net Pryuri>8[rJn(jI" I'rul'idin{.f Rml EstflleSuJuliulls December 4, 2008 Wilcox Appraisal Services, Inc. is committed to the highest degree of professionalism with all of our appraisers being designated members of the Appra;sallnstitute. Diana Deleon Collier County Government Contract Administration Purchasing Department 3301 E. Tamiami Trail Naples, FL34112 Re: Agreement #08-5067 "Real Estate Appraisal Services" Workers' Compensation Coverage Dear Ms. Deleon: Please note that Wilcox Appraisal Services, Inc. has only two employees (husband and wife), is not involved in the construction industry, and is therefore, not required by the State of Florida to have Workers' Compensation coverage, If you have any questions concerning this correspondence or if any additional information is needed, please contact me at your earliest convenience. Respectfully submitted, WILCOX APPRAISAL SERVICES, INC. <.~u)~ R. Alan Wilcox, MAl, SRA State-Certified General Real Estate Appraiser RZ 306 1633 S.E. 4151 Street. Cape Coral. Florida 33904~7470 239-542-2311 . Fax 239-542-4995 . Email awilcoxmaisra@comcast.net ".......... & CERTIFICATE OF INSURANCE 16811 INSU."NC';, SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GNlNG 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: f8J STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown beiow: -.- NAMED INSURED: WILCOX, ROBERT & PATRICIA 1633 SE 41ST ST ADDRESS OF NAMED INSURED: CAPE CORAL FL 33904-7470 POLICY NUMBER 342 9917-A12-591 EFFECTIVE DATE OF POLICY 07-12-08 09 --~-_. ..-- DESCRIPTION OF 03 HONDA PILOT VEHICLE (Including VIN) 2HKYF18513H593723 LIABILITY COVERAGE f8J YES DNO DYES DNO DYES DNO DYES DNO -- LIMITS OF LIABILITY a. Bodily Injury Each Person 500,000 Each Accident 500,000 b, Property Damage Each Accident 500,000 c. Bodily Injury & Property Damage Single Limit Each Accident PHYSICAL DAMAGE f8J YES DNO DYES DNO DYES DNO DYES DNO COVERAGES a. Comprehensive $ 100 Deductible $ Deductible $ Deductible $ Deductible f8J YES DNO DYES DNO DYES DNO DYES DNO b. Collision $ 250 Deductible $ Deductible $ Deductible $ Dedu~~ -- EMPLOYERSNON~NED DYES f8J NO DYES DNO DYES DNO DYES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY DYES f8J NO DYES DNO DYES DNO DYES DNO COVERAGE _.- FLEET - COVERAGE FOR ALL CMlNEDAND LICENSED DYES f8J NO DYES DNO DYES DNO DYES DNO MOTOR VEHICLES .--- ~i{At'uJ ;;;,d~/EJ Signature of uthoriZed Representative Name and Address of Certificate Holder COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES FL 34112-3969 Agent 59-6811 Title Agent's Code Number Name and Address of Acen! Michael Sullivan State Farm 2517 Santa Barbara Blvd., Unit *5 Cape Coral, FL 33914 Phone# (239) 574-4070 Fax* (239: 574-81.'3 12/3/08 Date INiERNAL STATE FARM USE ONLY: [8] Request permanent Certificate of Insurance for liability coverage. 16B11 MEMORANDUM Date: December 24, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Retech Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16B11), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures 16811 MEMORANDUM TO: Ray Carter Risk Management Department r \.. .\ I \J . .il )\~, l,C4UjM4'\< . C: FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: December 10, 2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation .; Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. C: Harry Henderson, TECM/ROW DATE RECt! VieD DEe 11 200e RISK MANAGEMENl ^pft't~f {. I .. !y,lv, 1,/ Il ( I;/t: f.. dod/RC 16B11 (1) " "', 't: I Jf \r\C DATE RECEIVED: urnv :rT:-\(.)t\\f'~ COUN1'1' {,\ \' ,,',' Pl4t Z: 4' )li11 CEe \ '5 , CD ITEM Nt9i'VR-=-~~j FILE NO,: REQUEST FOR LEGAL SERVICES bP) ROUTED TO: DO NOT WRITE ABOVE THIS LINE Date: December 10, 2008 \~,~ yvJ- "",,' ;-'-' To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 --J Re: Contract: #08-5067 "Real Estate Appraisal Service" -'J r,) Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C, Evans Kenneth R Devos Integra Realty Resources Real Estate Appraisal and Litigation .; Retech Wilcox Appraisal Services ," c.) :~<: -' / 1a.-ll~D~ CJ0b __,~JS _:aD_~_ BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16,8.11 \ '2.\\, \o"\:. c'\o",,,,,~ ,,\,e.Ar ~~C .' ~"-G\0.\..<;,\ ~~=-c"-..p_6. - W,\'- \~"'- \r<<:O"'\e..Y'\"'-~ w\,-~ C.D', ,-e_c~,,~. ~c:.C.\0<':..'S'':,<'')\- ~v,se.~ \c "\\<'..\::.. Jeff, this is a standard contract with no changes. Please forward to "'''\: ce, "\'~ BCC for signature after approval. If there are any questions concerning the cr document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: 16B11 A G R E E MEN T 08-5067 for Real Estate Appraisal Services "'''''\i) THIS AGREEMENT, made and entered into on this ~ day of f( ,.....6......-- , 2008, by and between ReTech, Inc., authorized to do business in the State of Florida, whose business address is 6221 Iroquois Court, Odessa, Florida 33556, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposaL The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page 1 of 15 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at. actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16B11 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Ron Tegenkamp, MAL In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. Page 3 of 15 16811 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement inunediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Ron Tegenkamp, MAl, President ReTech, Inc. 6221 Iroquois Court Odessa, FL 33556 Phone: 813-920-2345; Fax: 813-920-2345 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. Page 4 afl5 16B11 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 5 of IS 16811 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 ._."-~,--,,--._.,.., -,---<~._.,'- 16811 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser 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 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 - "._.._._----"'-~... 16B11 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEIjPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16811 IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: D~'BFI' -., . .~ By:; ,', '". " D"""iSE~'" . Attest,}, toCM 1~ , 11gn.~0I,CJJ" " BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPRAISER ReTech, Inc. ),irst Witness ./fII'sO/J ~ ~N&hr ::t;rintwiAamJt , , .dA...( 'J/J/f/(P.'A.) /'.- Second Witness S LI..~a/J I? &tJlL1V tTypejprint witness namet BYQ"~ \~ Signature Ron Tegenkamp, President Typed signature and title Approved as to form and legal sufficiency: WI~~ Assistant Courity Attorney Colle.en &eenR-- Print Name Page 9 of 15 16911 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following iniormation in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e" where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 loBlI SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective communication toot and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 of 15 16B11 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page ]2 of 15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation andlor compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page] 3 of 15 16B11 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16811 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 From: Ben Brown Ins -6597 941-365-3143 Date: 12/17/2008 Page: 001 Time: 12: 35 J. 68 1 @11-239-252 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM1DDfYYYY) " 12/17/2008 PRODUCER (941)366-9373 FAX (941)365-3143 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION Ben Brown Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3731 S Tuttle Ave HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sarasota, FL 34239-6410 Lynn Wri ght INSURERS AFFORDING COVERAGE NAIC# INSUREO Retech Inc INSURER A Southern Owners Insurance Co 10190 6221 Iroquois Ct ---~_._-- INSURER B Odessa, FL 33556 INSURER C INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO mE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOT\NITHSTANDING 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. INSR DD' ?OLic=YI~FFEg~E POLICY E1rJ,~mN ., LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIOD DATE MM LIMITS GENERAL LIABILITY APPLIED FOR 12/05/2008 12/05/2009 EACH OCCURRENCE I $ 1,000,000 7 COMMERCIAL GENERAl LIABILITY DAMAGE TO RENTED I , 50,000 I ClAIMS MADE [!] OCCUR MED EXP IAny one perS8n) , 5,000 A X PERSONAL & flDV INJURY $ 1 000 000 f-- GENERAL AGGREGATE $ 1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG , 1,000,00C !xl POLICY n j~2T n LOC AUTOMOBILE LIABILITY COMBINED SINGL= LIMIT - , ANY AUTO (Eaaccident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS U'erperson) - HIRED AUTOS DODIL Y INJURY - I NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) ~RAGE LLABILITY AUTO ONLY" EA ACCIDENT $ ANY AUTO OtHCRIW\N EAACC! $ AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ , - ==1 ~EDUCTIBLE , RETENTION $ , WORKERS COMPENSATlON AND 1-X:;~lT~~;:, I IOJ~ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT , OFFICERlMEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $ If yes. describe under SPECIAL PROVISIONS below E L. DISEASE - POLICY LIMIT , OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES r EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS eal Estate Appraiser ertificate Holder is listed as additional insured I nee " ATI()N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Board of County Commissioners ~ DAYS WRITTEN NOTICE TO THE CERTifiCATE HOLDER NAMED TO THE LEfT, Contract Administration, Purchasing Dept. BUT fAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~/?- ~Ii chae 1 Brown/mKE ACORD 25 (2001/08) FAX: (239)252-6597 @ACORDCORPORATION 1988 From: Ben Brown Ins -6597 941-365-3143 Date: 12/17/2008 Time: 12:35 PM To: Page: 002 @ 1-239-252 IMPORTANT If the certificate holder is an ADDiTIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pOlicies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Additional Coverages and Factors 16BU 12/08/2008 Line of Business Coverages for Coverage General Aggregate Products/Completed Ops Aggregate Personal & Advertising Injury Each Occurrence Fi re Damage Medical Expense General Liability limits 1,000,000 1,000,000 1,000,000 1,000,000 50,000 5,000 Oed/Oed Type Rate Premium Factor 16811 CERTIFICATE OF INSURANCE PRODUCER Herbert H. Landy Ins. Agency, 75 Second Avenue, #410 Needham, MA 02494~2876 Inc. COMPANIES AFFORDING COVERAGE General Star National _~ VM(...P' 1l~1"11 INSURED Ronald E. Tegenkamp 6221 Iroquois Court Odessa FL 33556 DESCRIPTION OF OPERATIONS Real Estate Appraisers Professional Liability. AUTHORIZED REPRESENTATIVE CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIESI BE CANCELLED BEFORE THE EXPIRATION DATE I THEREOF, THE ISSUING COMPANY WILL ENDEAVOR I TO MAIL 60 DAYS WRITTEN NOTICE TO THEI CERTIFICATE HOLDER NAMED TO THE LEFT, BUTI FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE I NO OBLIGATION OR LIABILITY OF ANY KINDI UPON THE COMPANY, ITS AGENTS ORI REPRESENTATIVES. I I I I I I I I ~ ~-rn-a~ CERTIFICATE HOLDER ALEX SINK 16811 08-22-2008 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CHIEF FINANCIAL OFFICER NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 08/22/2008 EXPIRATION DATE: N/A E PERSON: TEGENKAMP FEIN: 592678196 BUSINESS NAME AND ADDRESS: RETECH INC 6221 IROQUNOIS COURT OOESSA FL 33556 SCOPES OF BUSINESS OR TRADE: 1- APPRAI SAL RONALD 2- REAL ESTATE 1 PROPERTY MGMT IMPORTANT: Pursuant 10 Chapler 440 . 05(14), F.S., 8n ollicer of 8 corporation who elecls exemplioD Irom IlIls chapler by filing a certllicale 01 election under tbis section may /lot recover benelils or compensation under this chapler. Pursuant fa Chlpler 440.05(121. F.S., Certificates o[ election 10 be eKempl... apply only within the scope 01 lite business or trade Ilsled on the nolice of election to be Okempl. Pursuanl to Chapler 440.05(13). F.S., Notices 01 election 10 be ellempt and cortilieales or election to be exempt shall be subject 10 revocation ii, II any time aller the IIIlng of Itle nolice or the issuance of the certificate, tile person named on Ihe noUce or certificale no longer meets the requirements of tllis section for issuance of a certificale. The department shalt revoke a certificale al any time for flIi1ure of the person n.med on the certlflcate 10 meet Ihe requirements of this section. lWC-252 CERTIFICATE Of ELECTION TO BE EXEMPT REVISEO 09-06 QUESTIONS? (8501 413 -160! PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION NON-CONSTRUCTION INOUSTRY CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW . EFFECTIVE: 08/22/2008 EXPIRATION OATE: NIA PERSON: RONALO E TEGENKAMP FEIN: 592678196 BUSINESS NAME AND ADDRESS: RETECH INC 6221 IROQUNOIS COURT ODESSA, Ft 33556 SCOPE OF BUSINESS OR TRADE: 1. APPRAISAt 2- REAt ESTATE I PROPERTY MGMT F IMPORTANT o Pursuant to Chapter 440.0S(14), F.S" an officer of a corporation who L elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this D chapter. H Pursuant to Chapter 440.05(121. F.S., Certificates of election to be E exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt. R E Pursuant to Chapter 440.05(13). F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. QUESTIONS? 18501 413-1609 CUT HERE * Carry bottom portion on the job, keep upper portion for your records. -WC-252 CERTifiCATE Of ELECTION TO BE EXEMPT REVISED 09-06 PRODUCER (941)366-9373 Ben Brown Insurance Agency 3731 S Tuttle Ave Sarasota, Fl 34239-6410 Ginger Ramsey INSURED Ronal d E & Al ison A Tegenkamp FAX (941)365-3143 Inc E lMMIDDNYYY) 12/08/2008 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 BY THE POLICIES BELOW. ACORD 'M CERTIFICATE OF LIABILITY INSURANCE INSURERS AFFORDING COVERAGE INSURER A Auto-Owners Insurance Co NAIC# 18988 6221 Iroquois Ct Odessa, FL 33556-3325 INSURER B INSURER c: INSURER D: INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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 INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ - P CLAIMS MADE D OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ - GENERAL AGGREGATE , - GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 'I ,nPRO. n, POLICY JECT LOC AUTOMOBILE LIABILITY 4113436100 09/20/2008 03/20/2009 COMBINED SINGLE LIMIT - (Eaaccidenl) $ 500,OOC ANY AUTO f--- ALL OWNED AUTOS BODILY INJURY 'x $ SCHEDULED AUTOS (Per person} A f--- HIRED AUTOS BOOIL Y INJURY f--- (Per accident) $ NON-OWNED AUTOS f--- f-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC , AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ :=J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TVX~JYf;,I,~~ I IO.Jb"'- EMPLOYERS' LIABILITY I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT , OFFICER/MEMBER EXCLUDED? I E.L. DISEASE- EA EMPLOYE $ If yes, describe under E,L. DISEASE- POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~eal Estate Appraiser CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Coll ;er County ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Contract Administrat;on, Purchasing Dept. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E. Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ~#'d- Michael Brown/MIKE ACORD 25 (2001/08) @ACORDCORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condilions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 16Bl1 MEMORANDUM Date: December 24, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: American Acquisition Group Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16B11), approved by the Board of County Commissioners on Tuesday, December 2, 20118. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures 16ft31I MEMORANDUM TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: December 9,2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: Y American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC DATE RECEIVED DEe 1 0 2008 RISK MANAGE.M~ il,~1'"1,",,~' . . '71"/1 /{I hfJr1ILuLIJ. <.( /71 ) tf' C: Harry Henderson, TECM/ROW ITEM Nla ;:r2L ~ aD 5Y \ I _ I FI LE NeJ:: -------.j 16 B 11(~) DATE RECEIVED: UFFict: OF IHE: COUNTY !TT();lNr:Y /) ./ ROUTED TO: REQUEST FOR LEGAL SERVICES 4tA DO NOT WRITE ABOVE THIS LINE Date: December 9,2008 \~\C\ 1)~ To: Office of the County Attorney Attention: Jeff Klatzkow ,"'0' From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 ~ C] \...., ~ Re: Contract: #08-5067 "Real Estate Appraisal Service" -J ---,1 ' -'. I ~. ("', I ~h I j~J -'";1 Appraisers: """American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services 1d-/(1-08 crn& ~ts .CIO~ r"v c.,., r" i__..-// BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 \, \~ \"Z_ \ \ -.. \zo"'-\o 0"::""7"-.0, \,eJr -\'?\~ This item has not been previously submitted., . ' "- c""e-~\-\,,""c G..~as:_.\...e..C\. ACTION REQUESTED: \0,\\ \,::>'Z \-~o\,<2.J^<:"~ \.J::l~<UJ'---. Contract review and approval. CC'V '''-.<:...\ ~~ OTHER COMMENTS: 7c:"\~e-s.\o" a..21v-"\";z~ -\0 7\c\::...u'\;' Jeff, this is a standard contract with no changes. Please forward to <::) 'r\O~.:.A'P~":J 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. 16811 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this L day of D<,("-,,,-Io...-; 2008, by and between American Acquisition Group, LLc, authorized to do business in the State of Florida, whose business address is 5600 Mariner Street, Suite 104, Tampa, Florida 33609, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16Bl1 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for trips that are from! to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and! or additional pages which will bring the appraisal report into compliance with the USP AP and! or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16B11 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by D. Wade Brown, SRfWA, RfW-RAC, RfW-NAC In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat.. and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16B11 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: D. Wade Brown, SRjW A, RjW-RAC, RjW-NAC American Acquisition Group, LLC 5600 Mariner Street, Suite 104 Tampa, FL 33609 Phone: 813-287-8191; Fax: 813-287-8272 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16811 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. Page 5 of 15 16811 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liabilitv Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of 15 16'111 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser 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.5.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. Page 7 of 15 16811 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 - ._----,~~.,-'"._---_....._-_..--,-~--~._,_._.~"~_.~'"._._--_..--.--.." 16811 IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWi&ht E. Brock, c:}e$ of Courts R~~~ Dated:J)rr~"K . (SEAL) Attest 35 to Chat,... , slgntture onl~ BOARD OF COUNTY COMMISSIONERS COLLIER COUN , FLORIDA Ry: om Henning, Chair APPRAISER . vA A , /f;tf,/a _ L) / ,JJM/" JTYI~ tI By: p,LLC First Witness Barbara J. Fox tJypejprint witness namet (I ' D. Wade Brown, SRlWA, RIW-RAC, RlW-NAC Typed signature and title Cindy Mabry tTypej print witness namet Approved as to form and legal :mfficiency: C~~__ Assistant County Attorney CbUfOJ fi!..etn e-~~_ Print Name Page 9 of 15 16\311 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USPAP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCA nON MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 100fl5 16B11 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page II of 15 16B11 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and! or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Pagcl2ofl5 16B11 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and I or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16811 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and! or comparative analyses made during the development of the appraisals, and! or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16B11 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Teclmical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 , I n 1 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE OPID ot \ .jJ i>JrE VY) AMERAC 12/01/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE North _rican Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5100 N Classen Blvd. Suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Oklahoma City OK 73118 Phone: 800-880-0291 Fax: 405-556-2332 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ~r.veler. I'rop ea. Co c4. .a-z 25674 INSURER B: Federal Insurance Co 20281 American Acquisition Group INSURER c: Wade Brown 5600 Marine~ st!eet, Suite 104 INSURER o. Tampa rL 33 09- 443 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERtoO INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CL.AlMS. LTft NOll TYPE OF INSURANCE POLICY NUMBI!!:R ~ DATE:"fMMlDDlYVY LIMITS GENI!:RAi. LIABILITY EACH OCCURRENCE .1,000,000 A X St COMMERCIAL GENER....l LIABILITY 16602808L911 07/15/08 07/15/09 PREMISES (E. occurence) '100,000 I CLAIMS MADE ~ OCCUR - MED EXP (Anyone pef5Of1) .5,000 I-- PERSONAL & ADV INJURY '1,000,000 NO DEDUCTIBLE GENERAL AGGREGATE .2,000,000 c- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMPIOP AGG .2,000,000 ~ POLICY n j~& n LOG AUTOMOBtLE LIABILITY COMBINED SINGLE L1Mrr c- 51,000,000 A ~ ANY AUTO BA0608M255 02/05/08 02/05/09 (Eaaccident) I-- ALL OWNED AUTOS NO DEDUCTIBLE BODIlY INJURY (per person) . SCHEDULED AUTOS c- ~ HIRED AUTOS BODILY INJURY . ~ NON.QWNED AUTOS (per accident) c- PROPERTY DAMAGE . (Per accident) ROE LIA.ILlTY AlITO ONLY. EA ACCIDENT . ANY AUTO I OTHER THAN EAACC . , AUTO ONLY: AGG . t5ESSlUMBRELLA L1ASILlTY EACH OCCURRENCE .5,000,000 A X OCCUR D CLAIMS MADE CUP8559Y665 07/15/08 07/15/09 AGGREGATE . 5,000,000 . ~ DEDUCTIBLE . X RETENTION 010 000 . WORKEft.COMPENSAnONANO ITORV LIMIT, I iV..' EMPLOYERS' LIA8tLITY E.L EACH ACCIDENT ANY PROPRIETORIPARTNERlEXECUTlVE 5 OFFICERlMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE S ~, describe under , e,L DISEASE - POLICY LIMIT 5 ECIAL PROVISIONS below . OTHEft I B Prof Liability 82086044 i 07/15/08 07/15/09 Li.mi. ts $1mm/ $1mm , Retention 10 000 , OUCRlPTlOH Of' OPERATIONS I LOCATIONS I VEHICLI!S I EXCLUSIONS ADDED BY EHDO"-SEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSUllED AS REPECTS GENERAL LIABILITY rOR WORE PERJ'OIWED BY TIlE NAMED INSUllED, IF REQUIRED IN WRITTEN CONTRACT - SUBJECT TO PROVISIONS AND EXCLUSIONS OF THE POLICY. CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY COMIaSSIONERS NAPLES, FLORIDA NAPLES FL 34112 SHOULD ANY OF THE AISOVE DESCRIBED POLICIES BE CANCELLED BEfORE THE EXptRAT DATE THEREOf, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE ce"-T1FICATE HOLDER NAMED TO THE LEFT, SUT FAILUftE TO DO SO SHALL IMPOSE NO OBLIGATION OR L1AStLlTY OF ANY KIND UPON THE INSURER, ITS AGENTS Oft: REPRESEN ATIVES. AU D I! NTA-TIVE ACORD 25 (2001108) C> ACORD CORPORATION 1 16811 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 J6 I DATE (MMItlDfYYYY) AMERI17 12/02/08 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Heacock Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P.O. Box 7788 ALTER THE COVERAGE AFFORDED BY THE POLICIES 8ElOW. Sebring FL 33872-7788 Phone: 863-385-5171 Fax: 863-385-4130 INSURERS AFFORDING COVERAGE NAIe # ......0 INSURER A Zurich Insurance COIDDanv 19305 INSURER 8 American Acquisition Group LLC INSURER C wag_ Brown 56 0 K Ma~iner St Ste 104 INSURER 0 Tampa FL 3609 INSlRER E COVERAGES n-E POLICIES ~ INSURANCE LISTED BELOW HAVE BEEN ISSUED TO T1-E INSURED NAMED ABOVE FOR THE POLICY PERIOD If\OleATED NOTWITHSTPNDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCWENT WITH RESPECT TO WHICH 1HIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE IN$URAl'K:E AFFORDED BY THE POLICIES DESCf:1IBED H:REIN IS S1.6JECT TO AlL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOVv'N MAY HAVE BEEN REOUCED BY PAID CLAIMS LTR SR TYPE OF INSURANCE I POLICY NUMBER r-D"-TIE (Mwoof'c'Y) O....TE {MMlDDNYI L..... GENERAL. L.lABLITY ! EACH OCCURRENCE I f-- . COM'oAERClAL GE!\ERAL LIABILITY I PREMISES (Ell occurencs) I I CLAIMS MADE D OCCL.R MED EXP (My one ~rson) I PERSONAL 8. PDV INJJRY I f-- GENERAL AGGREGATE I f-- GEN'L AGGREGATE LIMIT APPliES PER PRODUCTS - CC+.1PIOP AGG I h POLICY n ~g;. n LOC AUTOMOBLE UABLITY COMBII>€O SiNGlE LIMIT l- I .ANY AUTO (EaacCldent) f-- ;l,LL O'IvNED AUTOS BODILY INJURY f-- I SCHEDULED AUTOS (Perpersoo) I- HIRED AUTOS 80DIL Y INJURY l- I NON-OVIIt>.ED AUTOS (Per occident) f-- f-- PROPERTY DMlAGE I (Per Elccident) GARAGE LIABILITY AUTO ON.. Y - EAACCIDENT I R !>NY AUTO , EA ACe I I OTHER THAN AUTOON..Y AGG I EXCESSIUMBRELLA LlABLITY EACH OCCURRENCE I b OCCL.R 0 CLAIMS MADE AGGREGATE I I R ~DUCTRE I RETENTION I I WORKERS COMPENSATION AND X !rooy LIMITS I IU~~ A EMPLOYERS' UA8l..ITY 03043089200 0"1/12/08 07/12/09 1500000 .ANY PROPRIETORJPARTI'JERlEXECUTIVE E L EACH ACCIDENT OFFICERh.'rE~R EXCLUDED? E L DISEASE - EA EMPlOYEE 1500000 ~~~~~V\S~~S belOl'j E L DISEASE - POLICY LIMIT 1500000 cmER I ! i DE8C OPERAllONS I LOCATIONS I VEHlCL ~s I EXCLUSIONS ADDlED BY ENDORSEMENT I SPKlAL PROVISIONS COLLII!:1 CANCELLATION SHOULD /W'( OF THe ABOVE DESCRIBED "OLtcIES BI CANCElLED BEIIOPl:I ne EX"RA11ON DATI TtEREOF, lHE ISSlHNG INSUREfll WLL ENDEAVOR TO MAIL 10 DAYS WRI'T'TEN NOnce TO 1HE CERTlFICATi HOlDER NAMED TO THE LEFT, BlIT fALURE TO DO SO SHALL M"OSE NO oeUGATION OR LIABILITY OF ANY t<lND UPON THE ~SURER. ITS AGENTS OR REPRESENTATlVES. .ACORDCORPORATION1~ CERTIFICATE HOLDER Collier County Board o~ County Commissioners Naples, Florida 3301 E Tamiam1 Trail Naples FL 34112 ACORD 25 {2OO11081 16811 MEMORANDUM Date: December 30, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Kenneth R. Devos Enclosed please find one (I) original contract, as referenced above, (Agenda Item #16BII), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures 16811 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPA,,\,Y ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Plint on pink paper. Attach to original document. Original dOCU11lCllh should be hand delivered 10 th~ Board Office, 111e completed rOLlting slip and original documents are to be forwarded to the Board Olliee only after th,," Board has taken action on t}IC itelll_) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the excention oflne Chairman's signature, draw a line through routillO! lints #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow, County Attorney County Attorney JAK 12-23-08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office - PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approva1. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bec Chairman's signature are 10 bc delivered to the 13CC office only after the Bee has acted to approve the item.) Name of Primary Staff Rhonda Cummings, Contract Specialist Phone J\'umber 252-8941 Contact Agenda Date Item was December 2, 2008 Agenda Item Nnmber 16.B.II Approved by the BCC Type of Document Contract #08-5067 Number of Original Two Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes coluI1ll1 or mark "N/A" in the Not Applicable coluI1ll1, whIchever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts,' agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties except the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exceptlOn), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of your deadlines! The document was approved hy the BCC on 12-2-08 and all changes made dnring the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if applicable. Yes (Initial) JAK N/A(Not A lieable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK 1: Forms/ County FonnsJ Bee Forms! Original Documents Routing Slip WWS Orillina) 9.03.04, Revised 1.26.05, kevised 2.24JJ5 08-PRe-O! 060/2 16811 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this ~"-<~ day of .De.c~",1ow.-2008, by and between Kenneth R. Devos, MAl, SRA, authorized to do business in the State of Florida, whose business address is 8359 Beacon Boulevard, Suite 411, Fort Myers, Florida 33907, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16B11 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.s., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $ 19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16811 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Kenneth R. Devos, MAl, SRA. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16811 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Kenneth R. Devos, MAl, SRA 8359 Beacon Blvd., Suite 411 Ft. Myers, FL 33907 Phone: 239-437-2245; Fax: 239-437-2250 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. Page 4 of 15 16811 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 5 of 15 16B 11 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provIsIOns. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 16811 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 16B11 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEUPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16Bll IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: . .. \ . " Dwig4f'E.Brock;Clerk of Courts ~.".""'.."c."'^.'. ..,~ By~.., Dated: tl-rPJn~~;?.oo . (SEAL)'" AtteSt., to. CI!-"'" . s I gnat lire' 0'Il'f1i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA j , By: Tom Henning, Ch rman APPRAISER Kenneth R. Devos, MAl, SRA ~ 'i5~ F~SS By: ,/ (, --7-&/'~/{. /L-?~ Signature ess namet dAJJ {Zn(~ Witn1Tu&s tType/print witness namet A;7117?0' .j:/~ r0f/ 5 Typed signature and title /<;:~/p /Jd/O I'- :0,r;- Approved as to form and legal suffi ien : Page 9 of 15 16Bl1 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16Pl1 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/or the written information provided: o Date of sale and recording data - Grantor I Grantee and type of conveyance instrument. lf the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO CaMP ARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page I I of 15 16811 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page12of15 16B11 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16811 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and! or comparative analyses made during the development of the appraisals, and! or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16011 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 From:Megan Wrtjes FaxID:239-433-4148 Page 1 of2 16811 Date: 121221200B 02:33 PM Page:1 of2 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP 10 MJ I DATE (MMIDDIYYYY) KENNE-4 12/22/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Oswald Trippe and company, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 60139 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Myers FL 33906-6139 Phone: 239-433-4535 Fax: 239-433-4148 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Hartford Insurance Company 19682 INSURER B Kenneth R Devos MAI SRA I~~SURER C 8359 Beacon Blvd. Suite 411 INSURER 0 Ft Myers FL 33907 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHO\NN MAY HAVE 3EEN REDUCED BY PArD CLAIMS LT. NSR[ TYPE OF INSURANCE POLICY NUMBER I 'OATE (MMfOOIYY) DATE (MMfDDNY) LIMITS ~NERAllIABILlTY EACH OCCURRENCE $1,000,000 A X X COMMERCiAl GENERAL LIABILITY 215BMFM6479 09/07/08 09/07/09 PREMISES (Ea occurence) '300,000 I CLAIMS MADE ~ OCCUR IVED EXP (My one person) . 10,000 f- PERSONAL & ADV INJURY $1,000,000 -. f- GENERAl AGGReGATE $2,000,000 h'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG '2,000,000 (nPRO- n, POLICY JECT LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) - ~. - AlL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY . ~ NON-OWNED Auras (Poraccident) PROPERTY DAMAGE $ (Peraccicent) ~AGE LlASILln' AUTO ONLY - EA ACCIDENT . ANY AUTO OTHER THAN EAACC $ AUTO ONLY AGG , EXCESSfUMBRElLA LIABILITY EACH OCCURRENCE . b.OCCUR D CLAIMS MADE AGGREGATE . $ -.-.-" R DEDUCTIBLE . RETENTION . . WORKERS COMPENSATION AND ITO~Vt:~IIT~S I IU~8" EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE EL EACH ACCIDENT I OFFICERfMEM8ER EXCLUDED? EL DISEASE- EA EMPLOYEE $ ilyes, describe under SPECiAl PROVISiONS belOW E L. DIStoASE_ POLICY LIMIT I OTl-lER DESCRIPTION OF OPERATIONS I lOCATIONS f VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT J SPECIAL PROVISIONS Col.lier county Board of county conunissioners is named as an additional insured with interest in insured!s operations with respect to General. Liabil.ity onl.y per form 55000B, attached to the pol.icy. CERTIFICATE HOLDER CANCELLATION COL3 30 1 SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCEllED BEFORE THE EXPIRATION DATE THEREOF, THE iSSUING INSURER WilL ENDEAVOR TO MAil 1Q DAYS WRITTEN Collier county Board of County Commissioners 3301 East Tamiami Trail Naples FL 34112 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHAll ACORD 25 (200110B) @ACORD CORPORATION 1988 From:Megan Wrtjes FaxID:239-433-4148 Page2of2 Date.1zf221201~ Splzt IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s) if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) FROM :Lewis Insurance & Financial Sv FAX NO. :2399366381 If':?J\ CERTIFICATE OF INSURANCE ~AII&tam.MPANY DALL6TATE INDEMNITY COMPANY DALLSTATE TEXAS LLOYD'S THIS CERTIFI~iI!l~IY'~^ MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA'TE HOLDER THIS CERTIFICATE DOES NOT AM!NO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW CIiRTIFICJl. TE HOLDER NAMeD INSURED Name and Address of partv to Whom thi. c.rtlfiC8te Is luultd Name and Addr8&s of Insured Collier County Purchasing Depl. Kenneth DeVos Bldg. G 303 Donora Blvd 3301 Tamiami Trl. E. Fort Myers Beach, FL 33931 Naples, FL 34112 Nov. 26 2008 03: 18FJ ~/3 B 11 Thil. I!II to certify thlrt poIiciH of Insurance listed below Mile been Is&ued to the Insured named above .utliect to the expiratkm da.. ,"dialled belOW. notwithst.nding an)' requirement, term or oondItKin of any contract or other document with respect to which thla CGrtlftc;ate may be inued or may pertain. The Inlurance afforded by the polkliH ducribed n.-&in is subject to all the terms, exclusion., Ind CiOndltlon5 of such policies. TYPE OF INSURANCE AND LIMITS Policy Effective Expiration COPERCIAl GENIiRAL UABILITY Number Date Date Umlt Amount GENERAl AGGREGATE LIMIT (Ollie< th.n ProduclS - Completed Operations) $ PROOUCTS. COMPLETED OPERATIONS AGGREGATE LIMIT $ PERSONAL AND ADVER11SING INJURY LIMIT $ --- EACH OCCURRENCE LIMIT $ PHYSICAL DAMAGE LIMIT $ ANY ONE lOSS MEDICAL EXPENSE LIMIT $ ANY ONE PERSON WOItKI!M' COMPI!NSAnON & Policy EfflIdiv. Expiration EMPlOYl!R8' UABllITY Number Date Dolo C Limits YIIORKERS' COMPENSATION STATUTORY - In onlv In the foHDwlna sla_: EMP~OYERs' BODilY INJURY BY ACCIDENT $ EACH ACCIDENT lIABllI1Y BODilY INJURY BY DISEASE $ EACH EMPLOYEE BODilY INJURY BY DISEASE $ 0 POliCY LIMIT AUTOMOBlLI! llAlllllTY Policy Effeotive Expiration NLMlber 61715722 Dote 9/11/08 Ooto 03111/09 covet..... _I. Umlto IIlll ANY AUTO [J OWNED AUTOS UHIRED AUTOS Combined Sin. Limit of li.bilitv BODILY rNJURY & PROPERTY DAMAQE r - $ I EACH ACCIDENT o SPECIFIED AUTOS o NON-OWNED AUTOS Sclit U.bililv Limits -1yh$01Y Prupwty Dam.. """n o OWNED PRIVATE PASSENGER AUTOS $ 250,000 PERSON o OWNED AUTOS OTHER THAN PRIVATE PASSENGER $ 500 000 S 100,000 ACCIDENT UMBRa-LA LIABiliTY Policy Effective Expiration Number 0 Dlte Date EA CE 1 GENERAl AGGREGATE PRODUCTS. COMPlETED OPERAT1OI'IS AGGREGATE 1$ Ts 1$ OTHER (Snow Policy ElIoctIve Expiration '.DO 01 Pollcvl Number D.... Da" oescRlPTlON OF OPERI\TlONM.OCA TIONSNEHICUlSJRE5TRJCTlONSISPEClAlITEMs - CANCELLATION ~J:'. . If,of ,,~J-, Number of da)'s notice 30 11m/O! b~ tl AuthorIzed RepreMn1lUve Date Should any ofthe :liIIbove described potlciee be cancelled b the PPiraflon date. the issuing company will endeavor to mail within the nurnMr of days entered abov., writlf!ln notice to the certif'lClIte htJlde, named above. But failure to ~l!llucl1 notice 'l!Ihall mpose 1'10 obligation or liabilitv of 1illl'IV kNld lJoan the COmDiln'" its .....ants or tative!o. _3.2 Proout:l:r: Issue Da~_ 12,J/2(KI~ This ('l'TtlticutC' is iSSlIL't! <IS a lIlatto.:r of infoonaLiol1 only aud LIABILITY INSl:RANCE ADMIKISTRATORS (onkrs nil righl'l upon the Cl,rtificato:: 1J(Jld~L TIljS Ccrtificat.: P.O. Box 1319 do..:s IKll amend. L"XtC'nd or ult..'r tlte CO\"..'r'dgC atTordl..'i1 by lite Santa Barbanl, CA 93102.1319 policy ~Iow Insured: 122034 COMPAKY AH'ORDIKG COVERAGE DEVOS. KEKKETII R. R359 Beacon Blvd, Stc 411 Libert)' Surplus Insurance Corporation forl Myer~. fL ~3907 ~ !t~ Fax Number: 239-437-2250 /" -/J~ Authuri/.cd Repn.:senUit'{/ This is 10 l.:crtify Ihat the policy of in.';;ttntncc IiSh.'ti bclo-w ha~ lx.'Cll is~ued to' the Insured named above tor the policy pcrifH:I indicaled. Notwithstanding any n.-quiremcnt. tcnn of condition of any contract or other document with rcspccllO whieh (his Certificate may he issued or may pertain. th(,' insurance affOrded by the policy dc~cribcd herein is subject to all the tenus. exclusions and c.onditions of such policy. Limit~ shnvv1t may huvc lx'Cll reduced by paid c1aim:-o. TYPE OF I~SCRA~(T POl.ICY \T\1nrR EFFl:('TIVF DATI' rXf>IRATIO\ O,<\TI' L1\1ITS Profes..ionalliabihty LS!(K)4!<lQ.U07 IO,'4il00X IO.:4..10t)(j licn~ral Aggregate S IIJOO()()() Fach (hi:n ... llJ{)fl(KJO lJes'-'fiption of Operationsl Loc3tions/Specialltcms; REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSI;RANC~ Aggremenl #: lIlI-5067 Certificate l(oldcr: Cancellation: COLLIER COCKTY BOCC Should the abo\'e described pollc~: ~ cancelled before Ihe CIO Purchasing I)cpllrtment f"piration dati" thereor, Ihf' i!ll;:,"in~ (:ompan~ will endeavor 10 3301 L Tamiami Tmil mail 30 days nolice, eJ.Cept 10 da}"s notice for nonpa)"ment of f'\aplcs. FL 34112 premium. to Iht' certincatr holdrr namrd to Ihr Irfl. Ho"".t"ver. failure to mail such notite shall impose no obligation or liahilil~' or an~: kind upon the Compao)o" its agenh or representatives. CERTIFICATE OF INSURANCE 16811 I LIA0001 (11/97) 16811 MEMORANDUM Date: December 30, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Anderson & Carr Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part ofthe Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures ~ ITEM ~j)ec...a())0 FILE NO.: ROUTED TO: 16811 UIH~t~TeF ffi@EIVED: COUNTY\TT,)PhIFy /i) . I) \../ ,,- .. DEe 15 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 9, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow 1)~\q : J , (n From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 -I r' (--.\ ....j:n C)~ .~'''.1.-,.; :,',:.'::m ~.). Re: Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group "'Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaw"y & Price C. Evans . .,\ v^ .. (j R. Devos \ "k" \ ~> oalty Resources V- ,\: \:' '.e Appraisal and Litigation ~ . ! If ".~ 'raisal Services ~.\1)Vi-'" / ._ vr- REQUEST: r'0 (.,,) 1(j.--I1--- 0 g C)f\er r\s.aj~ This contract was approved by the BCC on December 2, 2008; Agenda Item 16. B.11 " 2..\,,1.\'::),,"10 c\':f:.<'.C ~\'''-'V- \-^. ~c... This item has not been previously submitted. ~~'~.c__~,c", "'.~=,~"".~~ \,j,,\\\:>~ \r~~~,\~\I'\,<'.C~ C;;\,~v........ C;:Q \r "'- ,~'" <:\ ~ <:::''''\'-' E'c:>.pv a.6..V\.s<'.C~ \c \,\c\<-. OTHER COMMENTS: .~ I( <:5l\r-\'~~0-.,\.<" Jeff, this is a standard contract with no changes. 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. ACTION REQUESTED: Contract review and approval. 11 RLS # 0 CHECKLIST FOR REVIEWING CONTRACTS Entity Name: A{Vt>~ ~i!'N 0j- t f',"1L 1fUC. , Insurance Insurance Certificate attached? Insured registered in Florida? Contract # &/or Project referenced on Certificate? Certificate Holder name conect (BCC)" Commercial General Liability General Aggregate Required $__ __ ________ Products/Compl/Op Required $ Personal & Advert Required $ Each OcculTence Required $ ___(+t!Q<j)f_~C.~? Fire/Prop Damage Required $_ . _ _n____ Automobile Liability Bodily lnj & Prop Required $5^'<-'+~~ Provided $ ',O<tfi't,,_ Workers Compensation Each accident Required $ -.i~"'" Disease Aggregate Required $________________ Disease Each Empl Required $ Umbrella Liability Each Occurrence Provided $ ______ Aggregate Provided $ _________ Does Umbrella sufficiently cover any underinsured portion? Professional Liability Each Occunence Required $ __4-~f2t:~_pc{J__ Per Aggregate Required $__________ Other Insurance Each Occur Type: Required $_ County required to be named as additlOnal insured? County named as additional insured? Entity name correct on contract? Entity registered with FL See. of State? Indemnification Does indemnification meet County standards? Is County indemnifymg other party" Performance Bond Bond requirement referenced in contract? If attached, expiration date of bond _______ _ Does dollar amount match contract? Agent registered in Florida? Signature Blocks Correct executor name in signature block? Correct title of executor? Executor authorized to sign for entity? Proper number of witnesses/notary? Authorization for executor to sign, if necessary: Chairman's signature block? Clerk's attestation signature block? County Attorney's signature block? Attachments Are all required attachments included? n~Yes ;;/Yes No No _LVes ..../ Yes Yes -'J-Yes No No ..LNo _~No Date "i /t5-1 tJC( Date f II Date \_ I ------------ Date If Date I f Provided $ .'}e,,<';qt7I?_ Provided $m___ l t Provided $ II Provided $ _--.J_~______ Provided $ _ ~=q,_c~~___ Exp. Exp. Exp. Exp. Exp. Exp Date cf /, 1M Provided $ ~OtJ)tJQ- Provided $ S'IX)f'<"'- Provided $ _L~Gff'_ Exp Date 'f /I'i/ DC( Exp Date __~____ Exp Date I" Exp Date Exp Date Yes Provided $ Provided $ No --- ,~,lJt;'t\ .~ Da~ ~lM-I-rY-P'C"'" /tf'l-' -; / Exp. Date ____ ProVided $ _L,./"Yes '-"""Yes Exp Date __ No No ../ Yes Yes No ~No Yes No --.. -Mfr-- Yes Yes No No /Yes _ \/,Yes __'" Yes 2Yes -------'4B- -. _--\,LYes L Yes .VYes No No No No No No No (Ud~~ __~Yes No Reviewer Initials~C- D," Ifi.L'fhoB 04-COA- 103 222 16811 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: December 9,2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group ,/ Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services DATE RECEIVED DElIO 2008 RISK MANAGE.MENl . / ~ivff; { !1/ ~ !pb Jfff' fftr[iILi/( This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC C: Harry Henderson, TECM/ROW www.sunbiz.org - Department of State 16"112 Home Contact Us E-Filing SeRVices Document Searches Forms Help Previou$_QD Lisi ~~xt ()~__U~ Rl!turJLIo Li~t EveJ1t~ No Name Hi~tory Entity Name Search Detail by Entity Name Florida Profit Corporation ANDERSON & CARR, INC. Filing Information Document Number 150824 FEI Number 590568311 Date Filed 04/24/1947 State FL Statu~ ACTIVE La~t Event AMENDMENT Event Date Filed OS/25/1995 Event Effective Date NONE Principal Address 521 SOUTH OLIVE AVENUE WEST PALM BEACH FL 33401 Changed 03/02/2000 Mailing Address 521 SOUTH OLIVE AVENUE WEST PALM BEACH FL 33401 Changed 03/02/2000 Registered Agent Name & Address BANTING, ROBERT B PRESIDE 1434 SE ATLANTIC DR LANTANA FL 33462 US Name Changed: 01/20/2006 Address Changed: 01/28/1998 OfficerlDirector Detail Name & Addre~~ TitleVS CAR DO, FRANK J 6750 ENTRADA PLACE BOCA RATON FL 33433 Title PT BANTING, ROBERT B 1434 SW ATLANTIC DRIVE LANTANA FL 33462 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~docnumber=150824&in...11120/2008 www.sunbiz.org - Department of State 16 9'a~ 2}f2 Annual Reports Report Year Filed Date 2006 01/20/2006 2007 04/21/2007 2008 04/24/2008 Document Images 04/24/2008 -,_ANNUAL REPORT 04/21/2007 =..ANNUAL REPORT 01/20/2006 =-ANNUAL REPORT Q4/1912m5 -- ANNUAL REPQRT 03/01/2004 -,,-ANNUAL REPORT 02/10/2003 -:_ANNUAL REPORT 02/05/2002 ::cANNUAL REPORT ~/28/2001 .. ANNUAU,EPORI 03/02/200Q=-!\NNUAL REf>(}RT 02j21/1999 -- ",Nr-ILJAL REPORI QJL~8/1998 =-.A.i'JI-LlIAL REPQBI 07/25i1997 -- ANNUAL REPQRl 03/05/1996 - AN Nl,U\L REE'QRT QY13/1995 -- ANNLLAL REPORT View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF format View image in POF fotmat View image in POF format II Note: This is not official record. See documents if question or conflict. I Previous on List Next on_LJSit 8.~lYIIl To List Event~ No Name History Entity Name Search Home Contact us Document Searches E-Filing Services Forms Help COPYI-igtlt and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action=D ETF[L&il1~ doc _ number= 150824&in... 11/20/2008 16 D 11 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this ~ day off1,NMbH ,2008, by and between Anderson and Carr, Inc., authorized to do business in the State of Florida, whose business address is 521 South Olive Avenue, West Palm Beach, Florida 33401-5907, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16811 ..Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The . Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USPAP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16Bl1 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Frank J. Cardo, Vice President. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16811 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Frank J. Cardo, Vice President Anderson & Carr, Inc. 521 South Olive Avenue West Palm Beach, Florida 33401 Phone: 561-833-1661; Fax: 561-833-0234 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16Bl1 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. Page 5 of 15 16811 B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of 15 16311 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. PROHIBITION OF GIFfS 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. Page 7 of 15 16811 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16Bll IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written, ATTEST: ... Dwight E.B.~OFJ>;,qEfrk of Courts ^ '. """ ~- t l,') BY:~~~-~ Dat~:~ _.:. 't d . .,..{: '.. ',(SEAL) <"' Attest,tIS to~J"" , signature 'Oni',. . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B APPRAISER Anderson & Carr, Inc. . ';1'1 (/.. / ~ /' -!flull!, :; c( "..j R'Yf , First Witness By: ~~b- Sigtfature FlAp! If "1,,h,fl<O{\, tType/print ~itness namet ~~:Ji L0\ Y\~ Second Witness h-(Jtlk T CadI! i./,a f~t"s,.J(."t Typed signature and title (\(\ae\c~7 \0 (\,\(\'\ e r tTypk/ print witness namet Approved as to form and legal sufficiency: ~.~ Assistant County Attorney Colleen G-r an e.. Print Name Page 9 of 15 16ql1 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USPAP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 ofl5 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/or the written information provided: o Date of sale and recording data - Grantor I Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 oflS 16Bl1 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the respol15ibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, COl15truct, or il15tall a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page 12 of 15 16Bl1 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16811 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 16811 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 Wells Fargo 12/17/2008 1:54:54 PM PAGE 2/003 Fax 5erver 16B11 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMiOD/'l'YYY) 12/11/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION wells Faxgo Insurance Services Sou"t. heas"t. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2054 vis"ta Parkway, suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Weat Palm Beach FL 33411-2718 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSU1=lE:RA' Auto ownexs Inauzance Comnanv 18988 AndeJ::son & CaJ::r, Inc. INSURER 6 Southern-Owners Insurance Comn 10190 521 South olive Ave INSURER c: COntinental InSUIance COmpany 42.625 West palm Beach FL 33401-5907 INSUl=lE:" 0 , I"JSURE:R E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED lOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TVO. I POUCY NUMBER P~k+~Y~~~ff~I~~ PgklfJ f~~~HW~N UMITS ~NERAL UABIUTY EACH OCCU~I=lENCE , 1 000 000 B X CQMMEI=lCIAL GENE~AL LIABILITY 7263265208 4/15/2008 4/15/2009 g~~~~~~?E;~:u~~noe\ , 50,000 I CLAIMS MADE W OCCU~ MED EXP (A," on.. "erson\ , 5 000 - PEI=lSOI\AL & ADV INJUI=lY , 1 000 000 - GE'\JERAL AGG~EGATE , 1,000,000 ~N'LAGG~E~~!{:ILlMIT APnS PER PRODUCTS - COMPtOP AGG , 1 000 000 X POLICY ~.B.P..; LOC ~OMOBILE UABIUTY 1 COMBINED SINGLE LIMIT , A .2L ANY AUTO 9660788401 9/1/2008 9/1/2009 (::llllDoiden') 1 000 000 .2L ALL '~WNED AUTOS BODILY INJU~Y , ~ SCHEDULED AJTOS (Per person) f1'- HIRED AUTOS BODILY INJURY ~ NON-OWNED AUTOS : (~er llDcide"t) , f-- P~OPEFiTY DAMAGE , (PerllDoide"t) =iAG' UABIUTY AUTO ONLY - EA ACCIOEI\T , ANY AUTO OTHER THAN EAACC , 'I AUTO ONLY AGG , ~ESSJUMBRELLA UABIUTY EACH OCCURREi\CE , DCCU~ 0 CLAIMS V1AOE AG'3REGATE , , =i D'DUCTIBLE , ~ETENTION , , A WORKERS COMPENSATION AND 72661570 4/15/200B 4/15/2009 X I.we STATU- I IOJ~. EMPLOYERS' UABILrrY ANY PROPRI~OR!PARTNOiR!OiXECUTIVE EL EACH ACCIDENT , 100 000 OJ:i=ICOiPJMo;MeER OiXCLUDOiO" , E,L, DISEASE - EA EMPLOYE 100,000 , ~~edli~~R~VIS1oNS below EL. DISEASE. POLICY LIMIT , 500 000 C OTHER E.rrors & omissions RNP2876357710B 9/23/2008 9/23/2009 0$1,000,000. Limit of Liability L.L. Ea.ch ace & Aqg i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS AODED BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice for cancellation due to non payment of premium applies. collier County is included as an Additional Insured ATIMA. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OFTHE ABOVE OESCRIBED POLICIES ElE CANCELLED BEFORE THE EXPIRATION Collier county DATE THEREOF, THE ISSUING: INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL purchasing Department IMPOSE NO OBLIGAT10N OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3301 E_ Tamiami Trail REPRESENTAT1VES. Naples FL 34122 AUTHORIZED REPRESENTATIVE <' . I It ,.t:-....&..l ACORD 25 (2001108) @ACORDCORPORATION 1988 Page 1 of 1 Wells Fargo 12/17/2008 1:54:54 PM PAGE 3/003 Fax Server 16Bll 12/17/2008 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001106) Page 2 of 1: 16811 MEMORANDUM Date: December 30, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Kenneth C. Evans Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2,2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures ITEM NO.: o8-W.C.~QD~l. 16B11 c.rii:"Mtffli~ECEIVED: FILE NO.: ('I.,"'; 1\ ,-.- 'i \.A)UJ'~ I : ROUTED TO: " :,' -" ,-, 1"'1 ~ ': G'. ! !. ~' _ "j.) /.d \..." ...... DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 15, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price ,/ Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 This item has not been previously submitted. Contract review and approval. ~ \~. ~l/( ~V(lV.~ ACTION REQUESTED: OTHER COMMENTS: Jeff, this is a standard contract with no changes. 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. 16Bll MEMORANDUM TO: FROM: Ray Carter Risk Management Department .JJ,j II /1 Rhonda Cummings, FCCN, CPPB, Contract Specialisty{m~ lwt~ Purchasing Department b December 15, 2008 DATE: RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price VKenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC C: Harry Henderson, TECM/ROW DATE RECEIVED DEe 1 6 2008 R!SK ~1NA~~.I~E 'Ill. ;< tb l--fJ(Ylul. _"..F- . 'f- ~crc 16911 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this Z day ofD" , ~ ~ b:.v-; 2008, by and between Kenneth C. Evans, P.A., authorized to do business in the State of Florida, whose business address is Post Office Box 395, Tampa, Florida 33601, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.S., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/ or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 lb~ 11 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by Kenneth C. Evans, MAl, CCIM. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16\3 11 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: Kenneth C. Evans, MAl, CCIM Kenneth C. Evans, P.A. P.O. Box 395 Tampa, FL 33601 Phone: 813-545-4581; Fax: 813-839-1914 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16811 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General LiabiIitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. Page 5 of 15 16911 B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of 15 16B11 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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 Ill, 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. Page 7 of 15 16B11 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEI/PROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16911 IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST; Dwig~:E. Brock, Clerk of Courts ~~ By:'. ... . '" Dated:~ .... . .. . (SEAL) Attest 4$ 'to 'chi i,..... , 11gAlturt 011., BOARD OF COUNTY COMMISSIONERS COLLIER COUN J ,FLORIDA By-: APPRAISER /c~/ 'L----~ I ~ ~~mt\l5F1 At-~~t2i1 Signature tType / print witness name t ~ ',-/-a-- S, C~-----c; Second Witness Kenneth C. Evans, President Typed signature and title k ,.'<;+~" ::;-. E.,..,~", tType/print witness namet Approved as to form and legal suf . de c : Page 9 of 15 16811 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16Pl1 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/or the written information provided: o Date of sale and recording data - Grantor I Grantee and type of conveyance instrument. lf the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/kl a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 of 15 '-',----'---~_.__._..~_.,--_...._.._."~_._--,~--- 16B11 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/ or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page 12 of 15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and I or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Pagcl3of15 16B11 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Pagel40flS 16811 EXHIBIT B RATE SCHEDULE Personnel Categorv Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 Cofft.,. County ..... -~ ~ 16B11 Vendor Information Substitute W - 9 Form REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION 1. Generallnformation Taxpayer Name Kenneth c. Evans, PA (as shown on Income tax return) Business Name (If different from taxpayer name) Add PO Box 395 City Tampa ress State Florida Zip 33601 (1113) (tsl.J) KevansUb@ Telephone 545-4581 FAX 839-5301 Email tampabay.rr.com Order Infonnation: KJ Same as above, or Remit I Payment Information: o Same as above, or Address Address City State _ Zip City State _Zip FAX FAX Email Email 2. Company Status (check only one) o Individual I Sole Proprietor U Corporation o Partnership o Tax Exempt (Federal income tax-exempt entity under Internal Revenue Service guidelines IRe 501 (c) 3) o Limited Liability Company Enter the tax classification D - Dlsre arded Entity, C = Co oration, P = Partnershl 3. Taxpayer Identification Number (for tax reponing purposes only) Social Security Number (SSN) OR Federal Tax Identification Number (TIN) ODD-DO-DODD ~0-~~~!J~[J[1] 65-0381721 4. Sign and Date Form Certification: Un r penalties of perjury, I certify that the Infonnation shown on this fonn Is correct to my knowledge. Signature ~ Date Dec. 12, 2008 Title President Phone Number 813-545-4581 Email form to Collier County Purchasing Office Email: PurOps@colliergov.net VendorRequesLSubW9 Revised: 12127/07 16B11 ACORD CERTIFICATE OF LIABILITY INSURANCE WMP DATE ,. DaDq 12 02-2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION U8AA IN8URANCE AGENCY INC/PH8 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 812846 P: (888) 242-1430 F: (877) 905-0457 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 33015 SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Casual tv Ins CO INSURER B: KENNETH C EVAN8 PA , INSURER c: PO BOX 395 INSURER D: --- - - -- --.--- -- TAMPA FL 33601 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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. 'NSR LTR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXP/RA TION DATE'MM D Y DATE MM D y: LIMITS I GENERAL LIABILITY A ~ COrERC,^L GENERAL L1AB,my 65 CLAIMS MADE ::KJ OCCUR X. General Liab i '----.J GEN'L AGGREGATE LIMIT APPLIES PER: i~_L1Cyr j~8i.. __rx- LOC AUTOMOBILE LIABILITY ~ A 'I ANY AUTO ALL OWNED AUTOS ~ ~" , SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS , EACH OCCURRENCE ,I 000 000 .300,000 ,10 000 ,I 000 000 ,2,000,000 ,2 000 000 8BM IM8561 07/30/08 07/30/09 FIRE DAMAGE (Anyone firel MEO EXP IAny one person) , PERSONAL & ADV INJURY GENERAL AGGREGATE (..- -- -- ------ !65 8BM IM8561 , , --t.. - j--.. . 107/30/08!07/30/09 I PRODUCTS - COMPIOP AGG COMBINED SINGLE LIMIT (Eaaccident) ,1,000,000 i BODilY INJURY IPerpersonl BODilY INJURY IPeraccident) r-- :-i GARAGE LIABILITY , " W ANY AUTO i PROPERTY DAMAGE (Peraccidentl : AUTO ONLY. EA ACCIDENT $ EXCESS LIABILITY ~ OCCUR Ii CLAIMS MADE I OTHER THAN AUTO ONLY; EAACC $ AGG $ EACH OCCURRENCE AGGREGATE 1---- ~ DEDUCTIBLE I RETENTION i WORKERS COMPENSA TION AND EMPLOYERS' LIABILITY 1-- !_--~- ". $-- -~~~- E.l. EACH ACCIDENT ; $ E.l. DISEASE. EA EMPLOYEE $ E.l. DISEASE - POLICY LIMIT $ OTHER i DESCRIPTION OF OPERA TIONS/LDCA TIONSNEHlCLES/EXCLUSIONS ADDED BY ENDDRSEMENTISPECIAL PROVISIONS I Those usual to the Insured's Operations. Collier County Government Center is 1 listed as Additional Insured per the Business Liability Coverage Form 880008, attached to this policy. CERTIFICATE HOLDE~ AD!>>.!IONAL INSURED; IN~UR!.'!J:..ETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON.PAYMENT) TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Collier County Government Center Purchasing Department-Purchasing BId 3301 TAMIAMI TRL E NAPLES, FL, 34112 - ACORD 25-S (7/97) . ACORD CORPORATION 19B8 ''''''IA''"!. CERTIFICATE OF INSURANCE 16811 ITA........ A 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 Df BIDDmingtDn, IllinDis D STATE FARM FIRE AND CASUALTY COMPANY Df BIDDmingtDn, IIlinDis D STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS Df Dallas, Texas D STATE FARM INDEMNITY COMPANY of BloDmington, Illinois, or D STATE FARM GUARANTY INSURANCE COMPANY Df Bloomington, Illinois has cDverage in force for the following Named Insured as shDwn below ---- - -- NAMED INSURED: KENNETH c. EVANS ADDRESS OF NAMED INSURED: PO BOX 390 TAMPA, FL 33601-0395 POLICY NUMBER 707 4918-A16-59J EFFECTIVE DATE OF POLICY 07/16/08 01/16/09 -- DESCRIPTION OF 2007 TOYOTA SEQCOIA SPORT WG VEHICLE (Including VIN) 5TDZT34A87S295553 LIABILITY COVERAGE ~YES DNO ! DYES DNO DYES DNO DYES DNO LIMITS OF LIABILITY , a. Bodily Injury I I , Each Person IMM Each Accident lMM b. Property Damage Each Accident 1MM "_______..___n. c. Bodily Injury & , Property Damage Single Limit Each Accident PHYSICAL DAMAGE , COVERAGES ~YES DNO DYES DNO ! DYES DNO DYES DNO a. Comprehensive , $ 500 Deductible $ Deductible ! $ Deductible $ Deductible I ~YES DNO DYES D NO 1 DYES DNO DYES DNO b. Collision I $ 500 Deduc1ible $ Deductible $ Deductible $ Deductible -,- --- EMPLOYERS NON-OWNED DYES DNO DYES DNO I DYES DNO DYES DNO CAR LIABILITY COVERAGE HIRED CAR LIABILITY DYES DNO DYES DNO i DYES DNO DYES DNO COVERAGE FLEET, COVERAGE FOR ALL OWNED AND UCENSED DYES DNO DYES DNO DYES DNO DYES DNO 'VE<iICLES- ( p<(-< ..~ j.- -..':::x----- ! (~(7iht ~ 3-08 ' -:::-.. ~._---- nNlYJ Q}iJ>3.J Sigtr.lture 0 ori presentative ---- \ Title' 0 Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent , i I COLLIER COU)JTY GOVERNMENT CENTER PURCHASING DEPARTMENT-PURCHASING BUILDING ROBIN SIM~ONS AGENCY 3301 TAMIAMI TRAIL, EAST 2425 S DALE MABRY HWY NAPLES, FL 34112 TAr1PA, FL 33629 ATTN: STEVE CARNELL, PURCHASING/GS DIRECTOR , e 16811 05-16-2007 STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * NON-CONSTRUCTION INDUSTRY EXEMPTION ALEX SINK CHIEF FINANCIAL OFFICER This certifies fhat the individual listed below has elected to be exempt from Florida Workers. Compensation law. EFFECTIVE DATE: 05/16/2007 EXPIRATION DATE: N/A PERSON: EVANS FEIN: 650381721 BUSINESS NAME AND ADDRESS: KENNETH C EVANS PA POBOX 395 TAMPA FL 33601 KENNETH C PA SCOPES OF BUSINESS OR TRADE: 1- APPRAISAL 2- REAL ESTATE 1 PROPERTY MGMT IMPORTANT, PUfSI1811t to ChapHH 440 05041, f.S., an cHicer of II corporation who elects exemption Irom this ch.pler by filing a (erllliClte of election under this section may not Ulcover benelils Of compenution under lhis chapter. Pursuant 10 Chapler 440.0S0n f.S., Certificates 01 election 10 be ell.empl. apply only witbin the scope of the business or tTlHle listed on the notice of election 10 be nempl. Pursllant fO Chapter 440.05(13), F.S., NOlices 01 electioll to be exempt and ceililiules of eleClion 10 be exempt shill be subjecl to re'localion it. It any time .lter lhe filing 01 lhe notice or the issuance 01 the cerlilicale, the person named on the nOlice or cerli/itale no longer meets the requiremenlS 01 litis section 101 ISSLlilAce of a teltilicale. The depaflmellt sltall revoke a tenUicilte 81 IllY lime lor IlIilUfe nl rbe person named on the cerliliclle In meet lite fequiremellts 01 this section. QUESTIONS' 18501 413-1609 OWC-252 CERTifiCATE Qf ELECTION TO BE EXEMPT REVISED 09-06 PLEASE CUT OUT THE CARO BELOW AND RETAIN fOR fUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAl SERVICES DIVISION OF WORKERS' COMPENSATION NON-CONSTRUCTION INDUSTRY CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW EFFECTIVE: PERSON: FEIN: BUSINESS . F IMPORTANT o Pursuant to Chapter 440.05(14), F.S., an off jeer of a corporation who L elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this D chapter. H Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt.. apply only within the scope of the business or trade listed on E the notice of election to be exempt. R E Pursuant to Chapter 440.05113l. F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate. the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this Section. 05/16/2007 KENNETH C 650381721 NAME AND AODRESS, EXPIRATION DATE: NIA EVANS PA KENNETH C EVANS PA POBOX 395 TAMPA, Fl 33601 SCOPE OF BUSINESS OR TRADE: t- APPRAISAL 2' REAL ESTATE I PROPERTY MGMT QUESTIONS? 18501 413-1609 CUT HERE . Carry bottom portion on the job, keep upper portion for your records. OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 168'11 CERTIFICA TE OF INSURA:'I/CE Producer: Issue Date; 12fSi2008 This Certificate is issued as a matter of information only and UABrUTY ll\SlJRAI\CE AOMll\ISTRA TORS confen no rights upon \he Ccrtilicatc Holder. This Certificate P.O. Box 1319 docs not amend. extend or alter the coverage afTorded hy !.he Santa Barbara, (A 93102-1319 policy bdow, Immred: 150331 COMPANY AH'ORDING COVERAGE EVAI\S. KENI\HII C. PA Kenneth C. to: vans Libert)' Surplu:ll Insurance Corporation 2504 Tyson Ave Tampa. FL 33611 ~ It, ,/, Fax Number: 813.839.5301 Authorized Rcprescnta6li/ This is to certify that the policy of insurance listed hclow has been issut.-d to lite Insured named above for the policy period indicated. NotwiLhstanding any requirement tcnn of l:ondition of any wnlract Of olher document with respect to which this Ccrtilicalc may he issued or may pertain, thc insurance afforded by the policy described herein is subjecllo all the tems, cxdusions and conditions of slIch policy. limits shown may have been reduced by paid claims. TYPE OF I~SURA!\CE POLley N1J\.fBER EFFECT[VE DATE EXPIRA TIO!'\ DA TF LIMITS ProfeSSional LiahilllY LSIOO7571-Q05 6/1 7 <~OO8 6/[711009 (ielleral Aggrcgale $ 1000000 Each ('[aim S 1000000 Description of Operations/Locations/Special Items: REAL f:STATE APPRAISERS PROFESSIO!l;AL LIABILITY I!I;Sl:RANCE Agreement #08-5067 Certificale f lolder: Cancellation: COLLIER COUNTY GOVERI(ME!\T CEI(TER Should the ahove described policy be cancelled before the AUn: Purcha!'.ing Ocpanmcnt expiration date the-refill the hlsuing Com pan)' will endeBVor to 3301 Tamiami Truil. East mail 30 days notice, except 10 days notice for nonpayment of Naples, FL 34112 premium, (0 the cerlificate holder named to (he left. However, failure 10 mail such notice shall impose no obligation or Iiabilit of any kind upon the Company, its agenu or representatives. LlA0001 (11/97) t~1f3l.J1 MEMORANDUM Date: December 24, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5067 "Real Estate Appraisal Service" Contractor: Boyd, Schmidt and Brannum Enclosed please find one (1) original contract, as referenced above, (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-7240. Thank you. Enclosures 16 B 11 MEMORANDUM TO: Ray Carter Risk Management Department FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist Purchasing Department DATE: December 9,2008 RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida V Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC DATE RECEIVED DEe 1 0 2008 RISK MANAGEMENl. . /) /) / IlrrVL ",{ ~I! 7/1:- (l(,~!/ C: Harry Henderson, TECM/ROW 16 B 11 // ()9~r ufHCt: uPI}~ RECEIVED: ' COUNTY ,'.JTilRNi='Y _OEe 15 Pl'I2:41 \ ITEMNO.'~&'pQc.CI~ \ FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: December 9, 2008 ~G1 \)~1/\\~ To: Office of the County Attorney Attention: Jeff Klatzkow From: Rhonda Cummings, CPPB, Contract Specialist Purchasing Department, Extension 8941 Re: Contract: #08-5067 "Real Estate Appraisal Service" 18- - rr /Cfn6 r\s,c10 Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida ,/ Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services BACKGROUND OF REQUEST: ~f4 o r ~.1 C") -.I 8 c ~ .<- - '::;2r ~> (' :'-1 -..-". - , .:) "") 7 ~n <' .... :x N r- This contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 \ 7_\\.-'\O<:::.x, ~\<:;)"',e.~ D'2..N- . This item has not been previously submitted.\:-\?c" ,-\rc,,-,-~\\,::>\ ~=-0.~€.~ \,J,\\ 'b<: ~a\,~"-~ ~ ~0..A~ ACTION REQUESTED: C:<::l\rn':,\::E'~\ Contract review and approval. ~CCC>\0~'',,~<:)'' a..~v-'<->'2..2\--\P OTHER COMMENTS: \"\<.:k 0i( =fC"d-'---"~S Jeff, this is a standard contract with no changes. 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. 16811 Corporate Resolution The following Resolution was unanimously adopted at a special meeting of Officers and Directors of Boyd, Schmidt & Brannum, held on October 22, 2004 at 9:00 a.m. in the main offices of the corporation located at 2711 Poinsettia A venue, West Palm Beach, Florida 33407 to wit: "BE IT RESOLVED that Boyd, Schmidt & Brannum is a validly existing Florida Corporation with its main offices located at 2711 Poinsettia Avenue, West Palm Beach, Florida 33407 and; BE IT FURTHER RESOLVED that William H. Brannum, who is a Principal in the aforemcntioned firm, continues to have full right and lawful authority to sign contracts on behalf of the corporation and; BE IT FURTHER RESOL VED that William H. Brannum, Principal of Boyd, Schmidt & Brannum, is lawfully authorized to sign contracts with the Florida Department of Transportation and any such agreement signed by William H. Brannum, as aforesaid, shall constitute the true and lawful act of the corporation." ~a/ STEPHEN M. SCH~-lD.T President and Secretary , ',' ',1,< . c\ (i':JY', }\- . ~ ,"""- ~y.--.. r\i.A , '!'-' \0.:--<< ~ \V'\ . ~ \'f" ;,! ,r. ' ~' ~:}.; J ;':X ~,;;~;';\ ., (! <,' ',') I," :.\j ., --'----,~.~---~_.__..~._---,---_." 16811 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this _J- ....A day of D -'='.... \-'D~ , 2008, by and between Angeland Corporation djbj a Boyd, Schmidt & Brannum, authorized to do business in the State of Florida, whose business address is 2711 Poinsettia Avenue, West Palm Beach, Florida 33407, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposal. The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit "A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Page I of 15 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, F.5., and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $ 19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USPAP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USP AP and/ or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. lt is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16811 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement. 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by William H. Brannum. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of Appraisal. All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. Page 3 of 15 '_~_"~_',_""~_","~m'~'~_-'-'-_~.~__~'_'~"''''''__~_,_,,_.,_.,_,. 16911 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement. Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approval. Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: William H. Brannum Angeland Corporation djbj a Boyd, Schmidt & Brannum 2711 Poinsettia Avenue West Palm Beach, FL 33407 Phone: 561-833-5331; Fax: 561-833-8231 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, PurchasingjGS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16811 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement. Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. Page 5 of ] 5 16811 C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liabilitv Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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. 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. Page 6 of 15 16811 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser 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 USe. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. 28. ADDITIONAL ITEMS/SERVICES. Additional items and! or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. Page 7 of 15 16811 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEIjPROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/ or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. Page 8 of 15 16BIJ.l IN WITNESS WHEREOF, the Appraiser and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST:, :. i;"" Dwig)1fE. Brock, C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: _ Dated: . (SEAL)' .,: ~ttest IS' te'Oirf'.w^. ~ \\ilI@t.ure on I' By': Tom Henning, halr APPRAISER Angeland Corporation d/b/a Boyd, Schmidt & Brannum g1 By: 1//#/11/5----.-- Signature +, tType/printwitnes namet ~ -~} , .,/1.f/lJ~V / econd Witness \J~ \ \\CA Yn ~\ . \,'0" Y'\ \'\LHi,\ Typed signature and title ,;;,\C'\P'L l \(o..re" 't\CC<,,\ tType/ print witness namet Approved as to form and legal sufficiency: C~M~ , Assistant County Attorney (jjleen (VI. Weene. Print Name Page 9 of 15 16811 EXHIBIT A Scope of Services COLLIER COUNTY SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, i.e., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page IOof15 16811 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning. o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO CaMP ARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page I I of 15 16811 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract. PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and! or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Page 12 of 15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 8 1/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 of 15 16811 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/ or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Pagel40flS 16B11 EXHIBIT B RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical Assistance/Clerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15 of 15 -----------'-~._~~-_._._,_._- NDV-25-2008 10:39 WELLS FRRGO INS SERVICES 16 B 1 L61 655 5509 P.01 ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATe (MYlDDIYYYY) 4/18/2008 P'RODUCER (561) 655-5500 THIS CERTIFIC....TE IS ISSUED AS A MATTER OF INFORMATION We'" Fargo Ineurance Services Southeast, Inc. ONLY ....ND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFIC....TE DOES NOT ....MEND. EXTEND OR . :2064 vtsta,Parl<way, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. W....t Pelm Beach, FL 33411-2718 , INSURERS AFFORDING COVERAGE NAIC # Angelalld Corporation, dbll Boyd, Schmidt & Sr . I ,"5U~~R A Southern Owners Ins -,"- -'-'-.... INSUReD ...- 2711 Poinsettia Ave ,,-~ INSUFl~.R _~: Genel'al ~~r Indemntty.~ i West Palm Beach, FL 33401 I !N5UR5R c; CIl!.~ns Property.lnsurance c:ompany . --,-, INSURER D -."----' _.".~ ",-- i : INSuFl:ERE: COVERAGES THE POWCIES OF INSlJAANCE LISTED &ELOW HAVE eeEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POllCV PERIOD INDICATED. NOTWrfHSTANDING ANY REQUIRs.1ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUEO OR MAY PERTAIN, THE INSURANCE AfFOROED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS, ~=_.+-:.:....~..-_._._... ......'.1-- p.~.~;;NUMBER r PRaLt~~EFFECf1VE Ip2~EJI!XPiRA110N ---.-.. I A. ~NI!RAL LIABlLr'T" ~~~Me~cIAL GENER~ LlASILlTY I CLAIMS !\.IA:;I5. 0 OCCUR I i-- - 7270717208 4/12/2008 4/12/2009 EACH OCCUIO.RJ;NCE ~~X!!~~'~;~n~) ~',' ~l:OE)(P(A.nyoneIl9l'IJOn) $ ;~_~~L&AOVINJUlO.Y" S GeNeRA.LAGGR~~TE LIMITS i. 1,000,000 _.~ 5,000 1,ooU,OOO 2,000,000 2,000-;001 . A , ~LAGME~E LIMIT AP~~S PER I X I ~OLICY j I ~~.P.,; --I' i LOC ~UTQMOBllE UADII.ITY ~ ANY AlITO ~ ALL OWI\IEO AUTOS j.-.::;-' SCHEOUL~ AuTOS ~ HIRED AUTOS ~, NON-OWNED AUTOS i-- ~~~. COMPJOP AGG_ i ~ 7270717208 4/12/2008 4/12/2009 COMelNED SINGLE LIMIT (Eaaccl;,ntl . 1,000,001 BODllYINJU~Y =1= (~orptlr'Mn) ",.' -." eOOIi.. Y INJURY .$ (F'lIr!lQcidlln!} --,. PROPERTY DAMAGE (Perl!t~dtl!'ll) ., ~lMGI! UABtUTY ANY,6.I"ITO I ~?Nl'C,:EAACCIOENT $ EA ACC $ .lGG .ll OTHER THAN AUTO ONLY' 5UCESSlUMDRlllA LlABILI'rf OCCUR n CLAIMS MADE :=J DEDUCTIBL.E I RETENTION I , w0RK8AS COMPE,-,TlON AND EMPLOYe"" UA!IUT't ANY P~P'A.lIiTOMlARTNeI\laXEClJTIVE QA"ICERlMeMGliR ~CLUDe01 ~~~~~~V~~~NS Delow OTloll!R ~ACH OC,9UFlR5NCE ~~A:EGATE . .- '. ~.._. . , I 'r'~~.n~~~ I I Ol~- ..!:~ EACH ACCIOliONT .. $ E.~~;~EASE;.. EA eMflt.~~., , E.l. DiseAse. POLICY LIMIT'S , -. .....-- B IPropel1;y IIMA781433 4/12/2008 4/12/2009 C iCommlrcil1 WInd & Hlil 11083141 7/19/2007 i 7/19/2008 OESQtIPlION Of OPI;RAlIDNS I LOCl\noHS 'VEHICLES I EXCLUSIONS Al:IOED BY ENgORSEMI!:NT I SPECIAI.PIlOVISIONS BulldlrtglContGntl Bldg/COf'ltentl 52oo,000/26.00G 8187,00Ul$31,DDO ~ollior County is lilted al Additionallnsurod and cartificato hold.. IS respecls Goneral Liability. 10 d8ys cancellation notice fot non~payrnent of premium, CEll.flFICATE HOLDER CANCE" "TION Collier County Board of County Commi8sloners 3301 E~ Tamlaml Trail Nlplea, FL 34112- SHOULD ANY OF THE AaoVi DEIICMlVED POllCII!S HIE CANCILLED BeI"ORIii THE U'IAA'nON DA~ 'rHeREOI". THE ISSUING INSURER WILL e"lOl!AVOR TO MAIL 3L- DAY! WRI11"E'" NOTICE TO THli CERTII"ICATE HOLDER NAMED TO THIi LliFT, SUT FAilURE TO DO SO ,HALl .N1rO$C NO OBlIOATlON Oil lIABILITY OF A"lY ~HD LIPON THIi INIIURER, ITS AOIINn OR REpRC$I!NTA TN'ES. Al)'THORIZeD RiP~~$'NTATlVE tjJ.OIU,L>", ,,-,(~,- :V-,.c./:.~,<,. ACORD 2S (2001108) ~ ACORD CORPORATION 19118 NOV-25-2008 10:39 WELLS FARGO INS SERVICES 561655106 sP'T 1 IMPORTANT If the certificate holder i. an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this cert~icate doe. not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insuranee on the reverse side of this form does not constitute a contract between the issuing insurer(s), authori~ed representative or producer, and the certificate holder, nor does it affiQTlatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. '_ ACORD Z5 (2001/011) . . "~-""_.'-^~""-""'~'-'-""--"'-~---- ---'""""""'-,,".--..<.-_-~-~-,----- 60u 24 2BB8 17:11:13 -> 5618338231 The Hartford Fax 16811 Page 1l1l4 ACORD.. CERTIFICATE OF LIABILITY INSURANCE DJB .... i aOBB 11-24-2008 """"""'. THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION PAYCHEX AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 210705 P: () - F: ()- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 308 FARMINGTON AVE INSURERS AFFORDING COVERAGE FARMINGTON CT 06032 INSfIND INSUR~R A; Th e Hartford Ins Group ANGELAND CORPORATION INC DBA BOYD INSUR~B: SCHMIDT BRANNUM IN5UREfl Ct 2711 POINSETTIA AVE. IN5UREflD: WEST PALM BEACH FL 33407 INSUR~R E: COVERAGES I HE: POL-lel!S 01" INSURANCe USTW iEL.OW HAVE iliiN ISSUEO TO THE INSUREO NAMeD A60VE FOR Hie POL-ICY PERIOO INDICATEO. NOTWITHSTANOING ANY REQUIREMENT, TERM OR CONOlilON OF ANY CONiPlACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI.ICIES. AGGFlEGATE l.IMITS SHOWN MAY HAVE BEEN FlEOUCEO BY PAID CLAIMS, INfIIi TVI'! OF INSlA4NQ I I'OLICY NUMIJNt f;Jfti~JJ5;R-1 .ogjWti;:~J~ liMITS no rE!-AWRAL UA6LJTY EACH OCCURRENCE . f- 3MERCIAL GENERAL LIABILITY FIRE DAMA13E IAny Gne rlre) . f- CLAIMS MA D~ 0 OCCUR M~D EXP IAnv 0l'1~ p~sDnJ , P~RSONAL & ADV INJURY , 1-' l3E.NERAL A1313RE13ATE . A'L AGG:nLIMIT APn P~, PRO DUCTS - COMP/OP AGe; . POLICY ~~gT I LOC I AUTtJMOD.! UAlJ/UTY , ! COMBINED SIN13LE LIMIT IESBeelden!) . a ANY AUTO . , All OWNIi.D AUTOS I I BODILY INJURY , , IP~p=fsDn) . -! SC"mULIi.D AUTOS _I HIRED AUTOS BODilY INJURY . NON.OWNED AUTOS IPlll'ICCldBnt) - - PROP~TY OAMAGIi. . IP~llacid~ntl ~AGI UAIJll.try AUTO ONLY - Ell, ACCIDENT . -[ ANY AUTO i OTHER Tl1AN EAACC . AUTO ONLY: AGG . !!....l2SSL/AlJH.fTY Ii.ACH OCCURRIi.NC~ , _I OCCUR -.J CLAIMS MADE M13RE13ATE ie . I~ DmUCTlBL~ . RIi.HNTION . , WOIflCMS COMNNSATJON AM!) i X I WC STATU: I iDl~. A ~I'oFt..OrJ;Rt1'LlAl1IJ.rrY 76 WEG KN960l 06/08/08 06/08/09 ~.L, Ii.ACf.< ACCIO~NT .100 000 , ~.L. DIS~ASE - ~A ~PLOY~E .100,000 E.L. DiSEASE-POLICY LlM'T .500 000 0'THl!' I I I /;Cf1ORlPrION OF ontfATTONSILOGA T1O~I<<JUfViJWLfJ5IOMl ADDU' I1Y ~NlXJRfJUd~ffrI6l'€(}1A/,. PROVR/KJMJ Those usual to the Insured's Operations. RE: Co~tract #08-5067 CERTIFICATE HOLDER ADDtrKJNM MlIRiD; I~R ~TT~.' CANCELLATION SHOULD ANY OF-THE ABOVE DESCRIBED POUCIES BE CANCEl.LED BEFORE THE EXPIRATION DATE THEREOF, iHE ISSUING I NSUFlEFl WIl.l. ENOEAVOFl TO MAIl. 30 DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENTI TO THE CERTIFICATE HOl.DER NAMED TO THE l.EFT, BUT FAII.URE TO 00 SO SHAL.l.IMPOSE NO iOBLlGATION OR LIABIUTV OF ANY KINO UPON THE INSURER, ITS AGENTS OR :REPRESENTATIVES. I AIITHOR/ZtDRUW65fNTA17\1E' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, NAPLES FLORIDA 3301 TAMIAMI TRL E NAPLES, FL, 34112 ACORD 26-S (71971 -3....J..~ ~.~ \0 ACORD CORPORATION 1988 -'--~._._-_._-----_._-_._~. From: Liability Insurance Administrators Page: 2/3 Date: 12/2/20089:34:32 AM 16P.11 CERTIFICATE OF I:'IISURANCE Producer: Issue Oak: 12,'1/~008 Thi~ Certificate is isslled as a matter of infonnarion only ,'llld c{)nl~r~ nil ritthl'i Llp(ln dl~ C",rtif'it.:uLe Holder Thi'i Cerl;fit.:ale does not amend, extend or 3lter th~ covemge afforded by the policy below lIABIlITY 1l\SLRANCE ADMTNTSTRATORS P.O. !lox 1319 Santa Barbara, CA 93102-1319 v,-,,~...... ,J....UY.U1J.1 <X.V.'V"">.lH''--'lH A.ngehmd Corporation 2711 Pointsettia Avenue West Palm Beach. FL 33407 Uber_.\: Surplus Insunnce Corporation AULhuri.lt:u R.-.;presellla Fax Numher: 561-IB3-R231 ~ Tills IS to ccrtlf).' that the policy of lllSUI3ncc ltstcd bela",,; h"s been Issued to the Insured named above for the policy pc-nod imlicated" Nulwilhstl.lnding any requirement. teTITI uf conditiun of any conlrat:l or oLher dOl,;umen! "vith respecL LO \vhil.:b Lhis C'cr1ifil.:ate may he issued or may pertain, the insurance afforded hy Ihe policy descrihed herein is suhject to all the le-nllS, L"X.dLLSiol1s and L:onditiolls of sLu.:h polit:y. Limils .'ihOWLl limy ha\'c been redul.:L"d by paid claims. TYPE OF INSURA.:'\l"CE POLICY'!\"TJMBER EFFECTIVE DATE EXPIR.'\TION DATE. LIMITS prur.:ssi()nal Liahillly LSTOO:'i<.l9R-OOti 2/14:200R 2i14i'W09 r,tmeral il,ggregaLe I 10110000 Each Clai_1J $ 1000000 Desniplion of Opcralions/Lol:aLiol1s/Spt:L"ial ILeITIs: REAL ESTATE APPRAISERS PRUFESSIUl\AL LLWILlTY INSURANCl: CC11ificate Holder: COLlIER COUKTY ROARD OF C01 JNTY COMMISSIONERS, NAPLES, FLOIUUA 3101 E. Tamiami Trail Naples. FL 34112 CallcelJation: Should the ahoye de"ic.-ihed policy he cancelled herm".. _he expiration dale thereof. the issuill~ Company ""ill endeavor to mail 30 days notice, except 10 days notice for nOl1pa~'ment of premium, to the certificate holder named to the left. Hm,'ever, failure to mail mch notice shall impose no ohligation 01" liability of any kind upon the Company, its a~ents or representatives. L1A0001 (11/97) MEMORANDUM 16811 TO: FROM: Ray Carter~~_ Risk Management Department .. / ) // Rhonda Cummings, FCCN, CPPB, Contract Specialist"-t :".~fZ.- Purchasing Department ' · 4 1111//'1-t. January 8', 2009 .__/f DATE: RE: Review of Insurance for Contract: #08-5067 "Real Estate Appraisal Service" Appraisers: American Acquisition Group Anderson & Carr Appraisal Group of Central Florida Boyd, Schmidt and Brannum Callaway & Price Kenneth C. Evans Kenneth R. Devos Integra Realty Resources J Real Estate Appraisal and Litigation Retech Wilcox Appraisal Services ~~~' DATE RECEIVED JAN 0 9 2099 RISK MANAGEMENT This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.11 Please review the Insurance Certificates for the above-referenced contract and forward to the County Attorney's Office for further signature routing. Thank you. If you have any questions, please contact me at extension 8941. dod/RC C: Harry Henderson, TECM/ROW MEMORANDUM Date: January 30,2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract #08-5067: Real Estate Appraisal Services Contractor: Real Estate Appraisal and Litigation Enclosed is one original contract, referenced above (Agenda Item #16Bll), approved by the Board of County Commissioners on Tuesday, December 2, 2008. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-841 L Thank you. Enclosure (1) 16811 16811 A G R E E MEN T 08-5067 for Real Estate Appraisal Services THIS AGREEMENT, made and entered into on this .1j,,~ day of 'Dea,...doU:-2008, by and between Real Estate Appraisal & Litigation, LLC, authorized to do business in the State of Florida, whose business address is 14281 Cemetery Road, Fort Myers, Florida 33905, hereinafter called the "Appraiser" (or "Consultant") and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITNESSETH: 1. COMMENCEMENT. The Agreement shall commence upon issuance of a Purchase Order and a Notice to Proceed. In accordance with RFP 08-5067 "Real Estate Appraisal Services", Appraiser shall provide a written fee proposal to the County for each service, hereinafter "Work", to be performed under this Agreement. Upon approval by the Project Manager, a Purchase Order and a Notice to Proceed shall be issued for the service as specified in the proposaL The Appraiser shall then provide the specified service to the County. The Agreement shall be for a one (1) year period, effective on the date the Agreement is approved by the Board of County Commissioners. The County may, at its discretion and with the consent of the Appraiser, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Appraiser 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 Appraiser shall provide real estate appraisal services in accordance with the terms and conditions of RFP #08-5067, Exhibit" A" Scope of Services, and the Appraiser's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Appraiser and the County project manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: The County shall pay the Appraiser for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit "B", included in this agreement, together with the Travel and Reimbursable Expenses as defined in this agreement. Payments shall be made to the Page I of 15 16811 Appraiser when requested as services are rendered, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". Reimbursable expenses shall be invoiced for the expenditures incurred by the Consultant as follows: Expenses of transportation and living when traveling in connection with each Purchase Order, except for local travel within Collier or Lee Counties, as provided in Section 112.061, FS, and all Agreement-related mileage for trips that are from/to destinations outside of Collier or Lee Counties approved in advance by the County. The time reported by the Appraiser to perform specific work related to litigation is subject to final approval by the County Attorney, or by an attorney employed by and representing the County. Appraiser's invoice must contain a description of the service provided, project and parcel number (or name), and the amount of fee payable. The Appraiser shall maintain documentation for all fees charged under the terms of this Agreement for a period of not less than three (3) years from the date of the final invoice for appraisal services rendered relative to a Property. Fees for the services of any and all subcontractors and sub consultants employed by Appraiser must be authorized in advance by County Purchase Order. Reimbursement rates as provided in Section 112.061, Florida Statutes, currently: Mileage: $ 44.5 per mile Breakfast: $ 6.00 Lunch: $11.00 Dinner: $19.00 Airfare: Actual ticket cost of Coach Fare Rental car: Actual rental cost of midsize or smaller car Lodging: Actual cost of reasonable lodging at single occupancy rate Parking: Actual cost of parking 4. COMPLETION/CORRECTION. If a substantially completed written appraisal report (original) is delivered to the County by the due date, or by a date mutually agreed upon, but which report fails to comply with the USP AP, or which report contains errors or omissions from within either the body or the addenda, Appraiser shall, within fourteen (14) calendar days from the date of notification by the County Project Manager, furnish such corrected and/or additional pages which will bring the appraisal report into compliance with the USP AP and/or correct such errors and omissions (if any). No penalty for late performance will be charged against the Appraiser within said fourteen (14) day period. Nor shall Appraiser charge the County any additional fees from bringing written appraisal reports into compliance with the USP AP, for correcting any errors, or for providing previously omitted materials. 5. DEDUCTIONS FOR NON-PERFORMANCE. It is acknowledged that time is of the essence. The County reserves the right to deduct portions of the (monthly) invoiced amount for items not completed within the expressed time frame. These funds would be Page 2 of 15 16811 forfeited by the Appraiser and that the following schedule shall govern the deduction for late performance: (a) In the event that the services are not completed and submitted to County in accordance with the due date as set forth in a County Purchase Order; then County at its discretion may reduce the fee payable to Appraiser by seven percent (7%) for each week, or portion thereof, for every week the services are past due; or (b) In the event that circumstances beyond the control of Appraiser cause completion of the services to be delayed beyond the due date as set forth in a County Purchase Order, and prior to said due date there is a mutual understanding between the parties to this Agreement that such delays were beyond the control of Appraiser, County may issue an written extension of the due date without penalty deduction. Said extension shall cite the reason for delay in completion of the appraisal report and shall set a new due date for submission of the report. Deductions as described above shall apply to the revised due date. 6. SALES TAX. Appraiser 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. CONTRACT ADMINISTRATION. The Transportation Right of Way Acquisition Manager or the Manager's designee (hereinafter referred to as "Contract Manager"), shall be responsible for ensuring performance under the terms and conditions of this Agreement 8. MEETINGS. Appraiser shall meet with the Contract Manager to discuss the Work at a time(s) and place(s) of meeting(s) which shall be established by mutual agreement of the parties to this Agreement. 9. CERTIFICATE OF APPRAISAL. In accordance with the Work, all Certificates of Appraisal shall be signed by William H. Reeve, III, MAl, SRA. In addition, at the discretion of Appraiser, one (1) associate appraiser, either working in a contractual relationship or as an employee of Appraiser, is hereby authorized by County to sign the Certificate of AppraisaL All persons consulted by Appraiser in the making of appraisals under the terms of this Agreement must be properly identified in the written appraisal report(s). 10. CONFIDENTIALITY. Subject to the requirements of the Florida Public Records Act, Chapter 119, Fla. Stat, and the Florida Sunshine Law, Chapter 286, Fla. Stat., Appraiser shall neither discuss nor divulge the contents of the written appraisal reports relating to the Property with anyone without the approval of the Contract Manager. Further, Appraiser shall save harmless the County from all claims or liabilities, including court costs and attorneys fees, due to Appraiser's activities, or those of Appraiser's agents or employees, and shall not engage in any business transactions involving any of the properties appraised under the terms and conditions of this Agreement for a period of Page 3 of 15 16811 one (1) year from the date of valuation of the latest appraisal, or updated appraisal, of any of the Property. 11. UNLAWFUL SOLICITATION AND ASSIGNMENT OF AGREEMENT. By the execution of this Agreement, Appraiser warrants that it has not employed, retained, paid, or agreed to pay, any company or person, other than a bona fide employee, to solicit or secure this Agreement contingent upon, or resulting from, the award or making of this Agreement Appraiser further warrants that no part of the total of the fees payable under the terms of this Agreement shall be paid directly or indirectly to any employee of the County as wages, compensation, or gift in exchange for acting as officer agent, employee, subcontractor, or consultant to the Appraiser in connection with any appraisal work performed or contemplated under the terms of this Agreement, without prior County approvaL Appraiser further warrants that there shall be no transfer or assignment of any part of this Agreement, except by the written approval of the Contract Manager. For breach or violation of this warranty County shall have the right to terminate this Agreement immediately without financial obligation, or to pursue any other available remedies. 12. NOTICES. All notices from the County to the Appraiser shall be deemed duly served if mailed or faxed to the Appraiser at the following Address: William H Reeve, III, MAl, SRA Real Estate Appraisal & Litigation, LLC 14281 Cemetery Road Ft Myers, FL 33905 Phone: 239-694-5940; Fax: 239-694-5942 All Notices from the Appraiser to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Attention: Steve Carnell, Purchasing/GS Director Telephone: 239-252-8371 Facsimile: 239-252-6584 The Appraiser and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. Page 4 of 15 16811 13. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Appraiser or to constitute the Appraiser as an agent of the County. 14. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Appraiser. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Appraiser. The Appraiser shall also be solely responsible for payment of any and all taxes levied on the Appraiser. In addition, the Appraiser shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Appraiser agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Appraiser. 15. NO IMPROPER USE. The Appraiser will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Appraiser or if the County or its authorized representative shall deem any conduct on the part of the Appraiser to be objectionable or improper, the County shall have the right to suspend this Agreement Should the Appraiser 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 Appraiser further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION. Should the Appraiser be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION. The Appraiser agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE. The Appraiser shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Appraisers; Products and Completed Operations and Contractual Liability. Page 5 of 15 16811 B. Business Auto Liabilitv: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability Insurance: Professional Liability Insurance shall be maintained by the Appraiser to insure its legal liability for claims arising out of the performance of professional services under this Agreement Appraiser waives its right of recovery against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Appraiser 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. Appraiser shall insure that all sub consultants or subcontractors comply with the same insurance requirements that he is required to meet. The same Appraiser shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Appraiser 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 Appraiser or anyone employed or utilized by the Appraiser 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 6 of15 16811 20. CONFLICT OF INTEREST: Appraiser 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. Appraiser further represents that no persons having any such interest shall be employed to perform those services. 21. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Appraiser's Proposal, Insurance Certificate, RFP #08-5067 Scope of Services and two (2) Addenda. 22. 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. 23. 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. 24. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Appraiser is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Appraiser 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. 25. 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. 26. 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 Agreement to other governmental entities at the discretion of the successful proposer. 27. 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. Page 7 of 15 16B11 28. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to this Agreement upon satisfactory negotiation of price by the Contract Manager and Appraiser. 29. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Appraiser with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 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. 30. KEY PERSONNEl/PROTECT STAFFING: The Appraiser's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to insure that competent persons will be utilized in the performance of the Agreement. Selected firm shall assign as many people as necessary to complete the Work on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Purchase Order. Firm shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) That the County is notified in writing as far in advance as possible. Firm shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personneL Page 8 of 15 16811 IN WITNESS WHEREOF, the Appraiser 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: man , APPRAISER Real Estate AppraisaL&I:' ion, LLC / ( Xd:L",- (' J\a~ First Witness Kt!l.rn~ (', l\Cl/~~/ tTypej print witness na et By: ~W"""l.... Se nd WItness . ( , ) /i)/ZA/l /(/(~~J~~ pew, Typed signature and title ( ) ,S\.l\(;.-(\,.l+.... \Nv~J.. tTypejprint witness namet Approved as to form and leg~/ltJ Item # I loB II Agenda \ Z. J. 'OjJ Date '1 '0 ~:':d ~d7 De~~ Assistant County Attorney Sy# Rk~ Print Name Page 9 of 15 16811 EXHIBIT A Scope of Services COLLIER COUN1Y SUPPLEMENTAL APPRAISAL STANDARDS (A Supplement to the Uniform Standards of Professional Appraisal Practice) The following standards governing the preparation of written appraisal reports for Collier County, Florida, are intended to clarify the expectations for the content of each and every written appraisal report (whether Self-Contained or Summary) prepared for the Board of County Commissioners and / or the various Divisions and Departments under the County Manager. Where there may seem to be a conflict between these standards and the scope of any assignment undertaken for the County, the appraiser should consult with the Right-of- Way Design and Valuation Coordinator, Real Property Management Department, for further clarification. Each appraiser and appraisal firm qualified to provide appraisal services for the Board of County Commissioners of Collier County, Florida, is responsible for obtaining and maintaining a current copy of the Uniform Standards of Professional Appraisal Practice (USP AP). DATE OF VALUE Unless a retrospective appraisal with a previous date of value was specifically ordered by Collier County, or unless the Appraiser has been specifically instructed otherwise (as for a date-of-deposit appraisal), the date of value of the appraisal, being the Appraiser's last inspection of the subject property, shall be within two (2) weeks of the date of submission of the draft appraisal report to the Right-of-Way Design and Valuation Coordinator. STRUCTURES Where all or a portion of a structure is located on the real estate being acquired by County, Appraiser shall include the following information in the narrative description of the property: [a] a statement as to the character (residential or business) of the structure's occupant(s); [b] the name(s) of the occupant(s); and [c] a statement as to the legal status of the occupant (tenant with or without lease, owner-occupant, etc.) SALES LOCATION MAPS Each written appraisal report shall contain at least one map upon which shall be plotted all of the comparable sales analyzed during the development of the appraisal. If the comparable sales cover such an extensive geographic area that a one page map would be illegible, then more than one map is encouraged, each at a scale which is legible to the reader, Le., where common streets, rivers, canals, city blocks, etc. are recognizable. REPORT JACKETS All appraisal reports (originals and copies) must be bound with front and rear covers made of plastic, heavy card stock. Page 10 of 15 16b11 SALES DATA SHEETS Sales Data Sheets must be accompanied by a location map which clearly shows the comparable sale property in relation to its neighborhood (which map may appear on the same page as the sales data). The following information must be readily apparent from a review of the map and/ or the written information provided: o Date of sale and recording data - Grantor / Grantee and type of conveyance instrument. If the sale property is located in a County besides Collier, a copy of the deed of transfer must be provided as well. o Location and legal description (a copy of the deed of transfer may be included with the sales data sheet precluding the need to reprint the property's legal description). o Parcel size, access and road frontage (if applicable). o Present use and description of improvements (if any). o Zoning, o Existing and available utilities. o Sale price, financing, cash equivalent price, and unit price. o Verification data: parties to the transaction, comments on the motivation of the parties, comments as to how the parties allocated value among the land and various improvements (if available). o Appraiser's comments. SALES GRIDS Each appraisal report shall contain a table of the sales most relied upon by the appraiser in reaching a final value reconciliation. This table (a/k/ a "sales grid") is an effective communication tool, and is of great value to all but the most casual reader of the appraisal report. The sales grid must identify each sale by number or name, include the date of the sale, the size of the sale property, zoning, purchase price, unit price (and where appropriate, the price per dwelling unit), and a column or row for each item of comparison for which adjustments were made by the appraiser. The sales grid must also contain a column or row to show the subject's attributes in comparison with the most-relied-upon sales. ADJUSTMENTS TO COMPARABLE SALES In addition to Self-Contained appraisal reports, Summary appraisal reports prepared for the County shall contain a detailed narrative explaining the adjustments made to the comparable sales including the appraiser's reasoning and the data which forms the basis for the extent of each adjustment. Page 11 of 15 PARENT TRACT After application of the three common tests to determine the parent tract for the subject property (contiguity, unity of use, and unity of ownership), the Appraiser must include a sketch of the whole property in the appraisal report; and, in the case of a partial taking, must show on the sketch the part being acquired by the County. Unless Collier County provides the Appraiser with a parent tract determination and an area calculation for the parent tract, it is the responsibility of the Appraiser to calculate the area of the parent tract 16811 PARTIAL TAKINGS Areas (in general) - While the area of the part being acquired will be provided by the County, it is the responsibility of the Appraiser to calculate the area of the remainder tract. Areas (easements) - Remainder areas should be the same after the taking of easements as the area of the parent tract prior to the taking. The value after the taking should reflect that a portion of the parent tract is encumbered by the easement taken by the County. Cost-to-Cure Severance Damages - There must be damage to the remainder real estate before a cure can be applied. Damages must be supported with market data and specified in dollar terms. Without this supporting documentation, Collier County cannot be assured that the cost of the cure will be less than the damages to which the property owner would otherwise be entitled. If the cure chosen by the appraiser includes a payment to the property owner to re-establish, construct, or install a feature upon the remainder, for which the property owner has been compensated in the value of the part taken, then the compensation for the taken feature shall be deducted from the total compensation due the property owner. For example: if compensation includes the depreciated replacement cost of fencing located within the take area, and the proposed "cure" includes the installation of fencing upon the remainder, the purpose of which is essentially to replace that fencing taken by the County, the depreciated replacement cost of the fencing being taken, for which the property owner has already been compensated, must be deducted from the total compensation due the property owner. In addition, if the cure involves the relocation of amenities or parking (or anything else that takes up useable space) onto the remainder property, the appraisal must address compensation for the loss of that area occupied by the relocated feature. As a matter of general policy, in order to avoid disputes over the quality of relocation work performed by the County or its contractors, Collier County will seek to limit its liability by paying the depreciated replacement cost for everything within the take area, and/or by paying the owner to relocate certain improvements onto the remainder at a location of their choosing. Generally, it is better for the County to purchase anything within the take area, rather than taking it in good faith that a property owner will relocate an improvement from the right-of-way by that point in time that the right-of-way should be clear and ready for construction. Pagel2of15 16811 Land and Affected Improvements Only on Improved Parcels - If it is the Appraiser's judgment that the primary improvements located upon the remainder property are unaffected by the taking, and after consideration of the possibility of any damages accruing to the remainder property, the Appraiser may elect to prepare a before and after estimate of the value of the land only. Such before and after values must be clearly labeled in the appraisal report; and such an appraisal report must contain an explanation and brief discussion of the factors considered in electing not to appraise the value of the property as improved in both the before and after situations. Signs - Should a trade sign or income producing sign be discovered within the taking area, the Appraiser should consult with the County for specific instructions on valuation and/ or compensation regarding the signage. When preparing an appraisal report for condemnation, the appraiser should include the depreciated replacement cost of the signage in the total estimate of compensation due the property owner. A cost to cure the damage resulting from the absence of the sign is then applied in order to make the property owner "whole." Special Benefits - The Appraiser should consult with the County prior to assigning special benefits to a remainder property. Rounding - All numbers below $1,000 will be rounded to the nearest $50 increment. All numbers above $1,000 and below $100,000 will be rounded to the nearest $100 increment. Everything over $100,000 will be rounded to the nearest $1,000 increment. DATA BOOKS GENERAL NOTE: For multiple appraisal assignments a Data Book may be required in accordance with the terms of the Appraisal Agreement between the Appraiser and Collier County, Florida. Should the County desire that a data book be prepared for an appraisal project, such will be stipulated in the bid solicitation generated by County staff, and it shall be made a specific condition in the Appraisal Agreement between the Appraiser and Collier County. Absent any such stipulation, a data book will not be required. All of the sales sheets as well as the narrative discussion of the appraiser's market observations and adjustments should be on 81/2" x 11" paper bound by a three ring binder to accommodate the easy insertion of new sales sheets into the data book. A cover page identifying the project for which the data book is prepared, the name of the appraiser, and the date of its compilation, should be followed by a Table of Contents which must identify the major sections into which the data book is divided. The data book must contain the following: 1. Regional and neighborhood description and analysis. This information may be omitted from each individual appraisal report as long as the written report directs the reader's attention to the fact that this information is presented in the data book. 2. A "Sales Map" or "Location Map" showing the location of each comparable sale property for which a Sales Data Sheet is contained in the Data Book. Such maps must be of a scale, and produced with clarity, such that the location of each comparable sale property is Page 13 ofl5 1681 discernible by the reader. Any Listings employed by the appraiser must also be shown on the maps. Separate tabbed sections for: (1) vacant land Sales Data Sheets, subdivided into groupings based upon highest and best use, with listings grouped together within each sub-group; (2) improved property Sales Data Sheets, subdivided into separate groups based upon present use, with listings grouped together within each sub-group; (3) market adjustment studies; (4) income, expense and capitalization rate studies; (5) regional analysis (unless the terms of the agreement between Collier County and the Appraiser specifically exclude regional analysis from the scope of the assignment(s); (6) neighborhood analysis; (7) applicable excerpts from zoning regulations or such other reference materials upon which the Appraiser has specifically relied in developing the appraisals; and (8) any special studies and/or comparative analyses made during the development of the appraisals, and/ or which were already in existence and upon which the Appraiser relied during the development of the appraisals. Page 14 of 15 EXHIBIT B 16B11 RATE SCHEDULE Personnel Category Appraiser Staff Appraiser Technical AssistancejClerical Researcher Expert Witness Rate per hour $150.00 $125.00 $ 60.00 $ 85.00 $200.00 This list is not intended to be all inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed Page 15of15 Bl1 ACORDN CERTIFICATE OF LIABILITY INSURANCE DATE (MM/I?DflYYY) 12/31/2008 PRODUCER (407)849-0333 FAX: (407)425-5694 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE George Eidson Agency, Inc. dba Eidson HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR P.O. Box 540209 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2807 Edgewater Dr Orlando FL 32854 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemn:i. tv of 25660 The Appraisal Group INSURER S" 378 CenterPointe Circle INSURER c. Suite 1286 INSURER 0 Altamonte Springs FL 32701 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE~~~~URANCE AFFORDED BY Ttl~~ :~~ICIES DES~~~~~II~~~:II~~IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AD./ AT!:' LIMIT AY HA A I. I~~: ~~~~ TYPE OF INSURANCE POLICY NUMBER Pa5'..t~~~~~6g~r P~~WI~':f,bRC'~N LIMITS GENERAL L1ABIUTY EAf:H $ 1,000,000 - ~~~~&E TO RENT~D 1,000,000 X ~lMMERCIAL GENEF3!'..b..hIABILlTY $ 'A CLAIMS MADE W OCCUR I-680-8468H753-TIA-09 . 1/20/2009 1/20/2010 MED EXP 'An one erson' $ 5,000 PFR'"N" unV'N'''RY $ 1,000,000 - - GENERAL AGGREGATE $ 2,000,000 -il'L AGGREnE LIMIT AFlES PER oor.nllf'T'" _ f'''MP/r.o A'"''"' $ 2,000,000 X POLICY ~C.pT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Eaaccident) - 1/20/2010 A ALL OVvNED AUTOS I-680-8468H753-TIA-09 1/20/2009 BODILY INJURY - (Per person) $ f-- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED AUTOS f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ R ANY AUTO OTHER THAN r:.AAf'f' $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY I,^c" $ 1,000,000 P OCCUR 0 CLAIMS MADE AGGREGATE $ 1,000,000 $ A ;1 ~EDUCTIBLE ISFCUP8468H753IND09 1/20/2009 1/20/2010 $ X RETENTlnN <t 5,000 $ WORKERS COMPENSATION AND l,WC STATU.it l"TH. , ::i..,PL:::r..-Cr..$' iJhuiUT{ ___ _J.Q~_Yill/llnL__fR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E. L. DISEASE - EA EMPLOYEE $ ~~~;ldescr~b~\~~~ler PIAL PR VI IONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days for Non Payment of Premium Certificate holder is listed as an Additional Insured as respects the General Liability policy. O(g- )O?J '7 16 CERTIFICATE HOLOER CANCELLATION Collier County Government Purchasing Building 3301 E. Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Carroll Frazier/CMP ~.. .r"~_~ -~: ~ @ACORO CORPORATION 1988 Page 1 of2 ACORD 25 (2001108) INS025 (0108)08a 16812 MEMORANDUM Date: January 21, 2009 To: Rhonda Cummings, Purchasing Contract Specialist From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #09-5141: Golden Gate Parkway & 1-75 Interchange Landscape Maintenance to Hannula Landscaping and Irrigation, Inc. Contractor: Hannula Landscaping and Irrigation, Inc. Enclosed is one original contract, referenced above (Agenda Item #16B12), approved by the Board of County Commissioners on Tuesday, December 2, 2008. The second contract will be kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure (1) 16812 MEMORANDUM TO: FROM: Ray Carter Risk Management Department oj " /1 Rhonda Cummings, FCCN, CPPS, Contract specialis~ /J lbw~) Purchasing Department " ,v~ DATE: January 8, 2009 RE: Review of Insurance for Contract: #09-5141 "Golden Gate Parkway & 1-75 Interchange (66th Street SW to 60th Street) Landscape Maintenance" Contractor: Hannula Landscaping and Irrigation, Inc. n This Contract was approved by the BCC on Decemb~r~, 2008; Agenda Item 16.B.12 Please review the Insurance Certificates for the above referenced contract. If you have any questions, please contact me at extension 8941, Thank you. C: Darryl Richards, ATM OATE RECEIVED JAN 0 g 2009 IUSK HAHAGEtPT, (j / L ( I'"'' u,' 11ftlU1-{ i, I! / I/,II{~ dod/RC ',vww.sunbiz,org - Department of State Page 1 01'2 16812 Home Contact Us E.Filing Services Document Searches Forms Help Pr~yioY~_J~mJ.,-ist Next on__1.,.1~tR~lYJRT9JJ~t Event~ N~me Hi~t()ry Entity Name Search Detail by Entity Name Florida Profit Corporation HANNULA LANDSCAPING AND IRRIGATION, INC, Filing Information Document Number P92000010592 FEI Number 650375795 Date Filed 12/08/1992 State FL Status ACTIVE Last Event NAME CHANGE AMENDMENT Event Date Filed 07/18/2008 Event Effective Date NONE Principal Address 28131 QUAILS NEST LANE BONiTA SPRGS FL 34135 US Changed 04/29/1997 Mailing Address 28131 QUAILS NEST LANE BONITA SPRGS FL 34135 US Changed 04/29/1997 Registered Agent Name & Address HANNULA, DALE F 28131 QUAiLS NEST LANE BONITA SPRINGS FL 34135 US Address Changed: 04/29/1997 Officer/Director Detail Name & Address Title PST HANNULA, DALE F 28131 QUAILS NEST LANE BONITA SPRINGS FL Annual Reports Report Year Filed Date 2006 04/17/2006 2007 04/30/2007 http://www.sunbiz.org/scripts/cordet.exe?action~DETFlL&inq_doc_number=P9200001059...1 /8/2009 www,sunbiz,org - Department of State 2008 04/28/2008 Document Images 0-"U18/Z008 ,- Nam~_Ch~nge 04/28/2008 =-ANNUAL REPORT 04/30/2007 -- ANNUAL REPORT 04/1712006=6NNlJ6LREPORT 04/29/2005 -- ANNll6L REPORT (HL28/~Q04_-c6NNlIAL REPORT 04/25/2003=6NN1I6L REPORT 05/1512002-- ANNUAL REPORT 05/02/2001 -- ANNUAL REPORT m,/18/2000 -- ANNUALBEP_OBI 05/03/1999 -- ANNUi\1-.FEPORT 05/Q8/19B8.::::6NNl,JAL REPORT 04/29/1997 -- ANNUAL REPORT 05/01/1996 -- ANNUAL REPORT 05/01/1995 =-ANNUAL REPORT Page 2 01'2 16812 View im~ge In PDF format Viewil11ag~ in ppFf"rmat View image in PDF format View image in PDFformat View imag~ in PPF f"rmat View image in PDF format View image in PDF format View image in PDF format View ima9~in PDF format View image in PDF format View image in PDF format View image in. PDF format View image in PDF format View imag~ in PDF format View image In PDF format I Note: This is not official record. See documents jf question or conflict. I PL~vious on List Next on List B_~tyJnTo List Events Name History Entity Name Search Home Contact us Document Searches E-Filing Services Forms Help COpyright and Privacy Policies Copyright Cg 2007 State of Florida, Department of State. http://www.sunbiz.org/scripts/cordet.exe?action~DETfIL&inq_doc_number~1.9200001059...l /8/2009 10812 'l ,.. (Address) 1111111I11111111 ! 900133055959 ~' (Requesto~s Name) (Address) (City/StatelZiplPhone #) 0-1'/le/OB--01C137--004 nlOS.OO o PICK-UP 0 WAIT D MAIL (Business Entity Name) (Document Number) Certified Copies Certificates of Status '~ ,A'ffl.~ .~ r- r<' ~ '""r\ ,...-,<;i, 'e_ ~':'; r- __, v- - \'. ~~:.: cQ rn ~C) ~ ~ ,.i' __ '--'. .." . _(.>1 t.:J '0'-;\ .... ~? ;- ('Elf" t'-' -r'" Special Instructions to Filing Officer: Office Use Only ~ % D<6 t')\ \b A COVER LETTER 2- A MCNPMEN,.5 ,AI-r,l.l. <: ~ cb 1 G-B-1-2 TO: Amllndlllenl Section Di"ision of Corporations , ,- NAMJo: Ot. CORPORATION: --1J ANN v I" LANOSC/'PIN ", 1,,-,(, . DOCUMENT NUMBER: P '}2 0000 'oS''7.2- A H 03 f"1 !:5 000 " s.;., 3 '7 The enclosed Articles of Amendment and fee are submitted for filing, -', \.Iv".,. ... " ,~, Please return all correspondence concerning this matter TO the following: D.c.I" t-IANo.lV 1,0. IN:nne I)f Clllll..~Cl Person) ~"N"'c,J ,... L,o,NOSc.AP,,,..Il. .,4-.-(0 (Finn! Company) I t.1t /L....7',a ,J I I", L cJ b 13 I Q VA I 15 N",-rr {",N e:- (Address) 10NIT,A S'''ILINbS I f-:.L ]If.15S (City! Stuk lluu'Zip Cc.de) For further information concerning this matter, please call: b~/e- ;J~NN <.J IA at( 02..?'j <=J 9.l - .:UI../ 0 (Nnrn~. "rCnnt;ll~t Pun;..m) (Area CllJe &. Daytime Te.lephilne Num'hel':' Enclosed is a check for the following amowlt, 0$35 Filing Fee 0$43.75 Filing ~:~e 6:. Certificate of Sl.3tus 0$"13,75 Fitmg Fcc &. CenlrieJ Copy (Additirmal cPpy is enclosed; 'y( $52.50 Filing Fee ~ CertiflcatenfStiltu::i Cer1iued Cop~' (AdJitional Copy l~ I.:nc1..1l)l,;d) $ Mailine Address Amendment Section Division of Corporations P,O, Box 6327 Tallahassee. FL 32314 Slrcet Address Amendment Section Di vision of Corpormions Clifton Building 2661 Executive Cen1er Circle Tallaha;see, FL 32301 x 2 AME"NbMeNTS ---- lO'~L -If {os 00 16812 , ~ F"IL€D 2008 JUl /8 PI1 ANN'; I... ~NP.sLI'PI"'" rir~,t,pv, 3:1,2 (Name of corporation as currently filed \\~th L~e Florida Dept. ~~'I_ s .~-~rf (O/(/D,.' Articles of Amendment tll Articles of Incorporation of pC! 2 Dooo loS'7.l" (DOCUIntml nllmbt:f of corporation (if k.nown) Pursuant to the provisions of section 607,1006, Florida Statutes, this Florida Profit Corporatioll adopts the rollowing amendment(s) to its Articles orTlIcorporalion: NEW CORPORATE NAME (if cbanl!in!!): iJA.uJl>I", lANDS'APIN~ ...If' III.fl..I/;.A7,O"/. lNc. (Must contain the word "corporntion./' "company," or "incorporated" or the abbreviation "Corp.," "Inc.," or "Co.") (t\ pwfcssi0na! corp(H-atiun must contain the wmd "c1UI1ered", "professional associati0n," or the .:;.L-Jbrcviation "P.A") AMENDM":NTS ADOPTIW- (OTHER THAN NAME CHANGE) Indicate Article Number(s) and/or Article Title(s) being amended. added or deleted: (BE SPECifiC) (Attach additional plJgelJ if n"ct::jsilJ')') I r an amendment provides for exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment ifnot contained in the amendment itself: {if not applicable, indicate N/Al tJ I A (continued) 16812 . The date of each amendment(s) adoption: Effective date if atlplicable J U L 'I' 11,.2. 00 6 (no more tb."ln 90 dars ~ft('r ~mcndmcnt file dale) -::r LJ L '(' r I . 2006 Adoption of Amendment(s) (CHECK ONE) JS'l The amendment(s) was/were approved by the shareholders, The number of votes cast for the amendment(s) by the shareholders was/were sufficient for approval. o The amendment(,) was/were approved by the shareholders through voting groups, The following statement must be separate(v providedfor each valing group entil/ed to vote separately on the amendment('): "TIle number of \'otes cast for the amendment(s) wa,/were sufficient for approval by " \ voting group) o The amendment(s) was/were adopted by the board of directors without shareholder action and shareholder action was not reqLrired, o The amendment(s) was/were adopted by the incorporators without shareholder action and shareholder action was not required, CJ ~ ' Signature .. 'J &>,~~t . (By a director, president or 0 er officer . if directors or officers have not been se]ec(~d, by an incnrpnr:l1nr - ifin the h:md:;; llf II receiyer. tnt'itce, or OTh~r c(~un appointed fiduciary by that fiduciary) t\ I. (-ru,-/)eA.lco:. i-IAN....V I.... (T )1led or printtll.! n<Jm~ of person signing) fILe so I t>eN T (Title of person signing) FILING FEE: $35 Clienl#: 3, 1L01") 01 ~A 11/13/2008 THIS C.RTIFICAT.IS ISSUED AS A MArr.R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH. C.RTIFICATE HOLD.R, THIS C.RTIFICATE DO.S NOT AM.ND, .XTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ILAl ACORDm CERTIFICATE OF LIABILITY INSURANCE PRODUCER Gulfshore Insurance, Inc. 4100 Goodlett. Road N, #100 Naples, FL 34103.3303 239 261-3646 INSURERS AFFORDING COVERAGE INSURER A: FCCllnsurance Company NAIC# INSURED Hannula L~ndscaplng, Inc. Hannula Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, FL 34135-6930 COVERAGES TH. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PDLlCY PERIOD INDICATED, NOTWITHSTANDING MN 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. ~ IJm'I P_O' I TIVE !i[ ~ TYPE OF INSURANCE POLICY NUM8.ER DATe.iMMiDO,.:,.;n- A -"".NERAl LIABILITY GL00067391 01113/08 X COMMERCIAL GENERAL lIA81L1TY I ClAlMSMADE ~ OCCUR X PO Ded:l,OOO INSURER B: INSURER c: INSURER D: INSURER E: Pg~l.fl {gr~~reN 01113/09 LIMITS $1 000000 /.Ju,,' $100 000 $5000 '1 000 000 $2 000 000 PRODUCTS - COMP/OP AGG $2 000 000 , EACH OCCURRENCE ~AMAGE TO RENTE~nce' MED EXP (Anyone person) PERSONAl & ADV INJURY GENERAL AGGREGATE A ~'LAGGRE~ ;~~ AP~S PER: I POlleY I I JECT I I Loe ~TOMOBILE LIABILITY 2L MY AUTO _ ALL O'NNED AUTOS ___ SC~EDULEDAUTOS ~ HIRED AUTOS .2L NON-OWNED AUTOS CA00100451 01113/08 01113100 COMBINED SINGLE LIMIT (E88Cdde.nl) $1,000,000 SODlLY INJURY (pllrparson) $ BODILY INJURY (Pereccldent) $ PROPERTY DAMAGE (para-rodent) $ ~~IJE LIABILITY I ANY AUTO OTHER THAN AUTO ONLY: A UMB00062121 01113/08 01/13/09 EACH OCCURRENCE ~~SS/UMBRElLA lIABIltTY ltJ OCCUR 0 ClAIMS MADE I DEDUCTIBLE xi ~ETENTION $10000 ~ WORKERSCOMPENsAnONAND EMPLOYERS' LIABILITY MN PROPRIETORIPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? gWdLl.t~~~.Jl~1g~s Mlow OTHER AGGREGATE 00lWC08A40029 01/01/08 01/01/09 DESCRIPTION OF OPERATlONS I LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: ITB#00.5141'. "Golden Gate Parkway & 1.75 Interchange (66th Street SW to 60th St) Landscape Maintenance" , Collier County Board of County Commissioners is Named as Additional Insured As Respects to General Liability Only per CG2033 0704 & CGL021 0403. '30 days notice of cancellation, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Government 3301 East Tamlaml Trail Purchasing Building Naples, FL 34112 SHOULD ANY OFTHE ABOve: DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUINl3INSURER WILL ENDEAVOR TO MAlL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANYKIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUT~$IZED RE:;;:.eSENTATIVE 2'jJ,..o 7'Z.""'~~ tlc.<Y",i1ci""::: ACORD 25 (2001106) 1 of 3 #S344304/M326961 JPE @ ACORD CORPORATION 1966 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), If SUBROGATION IS WAiVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), aulhorlzed representalive or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25.S (2001108) 2 of 3 #S344304/M326961 'DESCRIPTIONS (Continued from Page 1), ' except 10 days for nonpayment, The umbrella extends the limits of general liability, automobile liability, and employers liability. V 3 of 3 #S344304/M326961 Client#: 3, ILAl ACORDw CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 11/13/2008 THIS CERTIFICATE IS ISSUEO 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 BY THE POLICIES BELOW. PRODUCER Gulfshore Insurance, Inc. 4100 Goodlette Road N, #100 Naples, FL 34103 -3303 239 261-3646 INSURERS AFFORDING COVERAGE INSURERk FCCllnsurance Company INSURER B: INSURER c: INSURER D: INSURER E: NAIC# INSURED Hannul~ Landscaping, Inc. Hannula Irrigation, Inc. 28131 Quails Nest lane Bonita Springs, FL 34135-6930 COVERAGE~ THE POLICIES OF fNSUAA\lCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF my CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREOATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ~~ TYPE OF INSURANCE POLICY NUMBER OLIO EFF68ID..E Pg~~lITlPIRATIO LIMITS A ~NERAL LIABILITY GLOO067391 01113/08 01/13/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 000 I ctAlMS MADE [jJ OCCUR MED EXP (Anyone parson) $5000 X PO Ded:l,OOO PERSONAL & ADV INJURY '1 000 000 GENERAL AGGREGATE '2 000 000 ~'~AGG~En~lIMIT APnS PER: PRODUCTS. COMP/O? AGG '2 000 000 POLICY ~~~T lOC A ~TOMoelLE LIABILITY CA00100451 01113/08 01/13/09 COMBINED SINGLE LIMIT ~ ANY AUTO (Ea accldent) '1,000,000 - ALL OWNED AUTOS BOOIL Y INJURY (pllrperson) , - SCHEDULED AUTOS ~ HIRED AUTOS BOOIl Y INJURY $ ~ NON-OWNED AUTOS (peracc!dent) PROPERTY DAMAGE , (Peraccldent) ~~GE LIASILITY AUTO aNL y. EA ACCIDENT , ANY AUTO OTHER THAN EA ACe $ AUTO ONLY: AGG $ A ~~SSfUMBREltA LIABILITY UMBOO062121 01113/08 01/13/09 EACH OCCURRENCE $3 000 000 X OCCUR D CLAIMS MADE AGGREGATE ,3 000 000 $ ~ ~EDUCTIBLE $ X RETENTION ,10000 $ A WORKERS COMPENsAnON AND 001WC08A40029 01/01/08 01/01/09 X l_wCST~IY:.l IOd!," EMPLOYERS' LIABILITY $500,000 ANY PROPRIETORIPARTNER/EXECUIWE E.L. EACH ACCIDENT OFFICeRJMEMeER EXCLUDED? E.l. DISEASE. EA EMPLOYEE $500.000 IfYM,describeunder E.L DISEASE - POLICY LIMIT $500.000 SPECIAL PROVISIONS Mlow OTHER DESCRIPTION OF OPERATIONS J LOCAnONS J VEHICLES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: ITB#09-5141 - "Golden Gate Parkway & 1-75 Interchange (66th Street SW to 60th St) Landscape Maintenance" Collier County Board of County Commissioners Is Named as A;ldltlonellnsured As Respects to General Liability Only per CG2033 0704 & CGL021 0403. '30 days notice of cancellation, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Government 3301 East Tamlami Trail Purchasing Building N~ples, FL 34112 SHOUL.D ANY OF THE ABOve DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SOSHAL.L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUT IZED REP ESENTATlVE! ACORD 25 (2001/08) 1 of 3 #S344304/M326961 JPE @ ACORD CORPORATION 19BB 'I IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25-5 (2001108) 2 of 3 #S344304/M326961 - DESCRIPTIONS (Continued from Page 1) except 10 days for nonpayment, The umbrella extends the limits of general liability, automobile liability, and employers liability. AMS 25,3 (2001/08) 3 of3 #S344304/M326961 , A G R E E MEN T 09-5141 16812 for Golden Gate Parkway & 1-75 Interchanqe (66th Street SW to 60th Street) Landscape Maintenance THIS AGREEMENT is made and entered into this 2nd day of December, 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 Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, FL 34135 (hereinafter referred to as the "Contractor"), WIT N E SSE T H: 1, COMMENCEMENT: The contract shall be for a one (1) year period, commencing upon Notice to Proceed and terminating in one (1) year. This contract shall have three (3) 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. The awardee will enter into an Agreement to provide complete services for Golden Gate Parkway and 1-75 InterchanQe Landscape Maintenance on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of Bid #09-5141 and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 3, COMPENSATION: The Owner shall pay the Contractor for the performance of the 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 on-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". Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s), 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: Hannula Landscaping and Irrigation, Inc, Attn: Dale Hannula 28131 Quails Nest Lane Bonita Springs, FL 34135 Phone: (239) 992-2210 Fax: (239) 498-6818 Page -1- 16Bl~ 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: 239-252-8371 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 such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured, The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County, 8, TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for Page -2- 16B12 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 Liabilitv: 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, 11, INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, Page -3- 16812 12 BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds, B, When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A", C, If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13, PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit "C", 14, 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, 15. SUBMITTALS AND SUBSTITUTIONS, Any substitution of products/materials from specifications shall be approved in writing by Owner in advance, 16, 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 Page -4- 16B12 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, C, No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner, Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision, This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion, 17, CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally, Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes, Contractor shall promptly perform changes authorized by duly executed Change Orders, The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree, 18. 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, 19, 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, Page -5- 16B12 appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 20. 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. 21, 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, 22. STANDARDS OF CONDUCT: PROJECT MANAGER. SUPERVISOR, EMPLOYEES, The CONTRACTOR shall employ people to work on COUNTY projects who are neat, clean, well-groomed and courteous, Subject to the American with Disabilities Act, CONTRACTOR shall supply competent employees who are physically capable of performing their employment duties. The COUNTY may require the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County, 23, 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. 24, 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 -6- 16B12 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, 25, 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 Change Order 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, 26, COMPLETION, When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Substantial Completion, Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor, If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punchlist. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Owner will make such inspection and, if Owner finds the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit "B", Page-7- (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 16812 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, 27, LIQUIDATED DAMAGES, The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date, No Work shall be performed at the Project site prior to the Commencement Date, Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation, The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended, The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation, Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved, The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner, When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 28, CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternative Transportation Modes Department. 29. 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, Bid 09-5141, any addenda, any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. Page -8- 16812 30, 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, 31, 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, 32, SALES TAX. 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, No markup shall be applied to sales tax, 33, 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. 34, 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, 35, 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. 36. 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. Page -9- 16812 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written, ATTEST: , ' "" ."-<'1" Dwigtlf~,BrbCk, Clerk of Courts ", ',." . :t~~,I)(. AttHt~ o..t,..... , "OlldllN OIl,. ,K'-'~-""'-~'k'" First Witness \<.r;)..\ 0 Y'\\ ~o/"'> Type/Print Witness ame ,JQ~,~ r tllX -A:'4t\v- Type/Print Witness Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: airman By: Signature ~~ \~""""\I:l-.. Typed Signature '-v, e..-::" A Q 5'\\ Title Item# ~ =da Ia-'o-li ~~~d \, w-lfi Page -10- 16B12 EXHIBIT A PUBLIC PAYMENT BOND Bond No, Contract No, 09-5141 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at_ (Business Address) are held and firmly bound to as Oblige in the sum of ($) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the ,200_, with Oblige for day of in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255,05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full fo rce, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond, The provisions of this bond are subject to the time limitations of Section 255,0592, In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 200_, the name of under-signed representative, pursuant to authority of its governing body, Page -11- 16B12 Signed, sealed and delivered in the presence of: PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this , as corporation, on of 200_, by _ ,a known to me OR has produced not) take an oath. of behalf of the corporation, He/she is personally as identification and did (did My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -12- 16B12 Witnesses As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 200_, by , as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath, My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No,: Page -13- 16B12 EXHIBIT A-2 PUBUC PERFORMANCE BOND Bond No, Contract No. 09-5141 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally, WHEREAS, Principal has entered into a contract dated as of the _ day of 200_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1, Performs the Contract at the times and in the manner prescribed in the Contract, and 2, Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3, Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force, Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- 16812 This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige, IN WITNESS WHEREOF, the above parties have executed this instrument this 200_, the name of each party being affixed and these presents undersigned representative, pursuant to authority of its governing body, day of duly signed by its Signed, sealed and delivered in the presence of : PRINCIPAL: Witnesses as to Principal By: Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation, He/She is personally known to me OR has produced as identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No,: Page -15- 16812 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by ,as of , Surety, on behalf of Surety, He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -16- 16812 COUNTY OF COLLIER ) STATE OF FLORIDA ) EXHIBIT B RELEASE AND AFFIDAVIT FORM Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 200_ for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid, (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No._ CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 200_, by , as of , a corporation, on behalf of the corporation, personally known to me or has produced identification and did (did not) take an oath. He/she is as My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No,: Page -17- 16B12 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) FROM: (Contractor's Representative) (Contractor's Name) (Contractor's Address) RE: Name) Bid No, 09-5141 Project No, Application Date Payment Application No, for Work accomplished through the Date: (Project Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date % % Liquidated Damages to be Accrued $ Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less previous payment (s) $ AMOUNT DUE THiS APPLICATION $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATiON CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER): (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due: (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: DATE: (Contractor's Name) (Signature) (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) By Design Professional: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: (DP's Name) (Signature) DATE: Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: (Type Name & Title) By OWNER'S Project Manager: Page -18- (Signature) DATE: (Type Name and Title) 16B12 EXHIBIT 0 CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. 09-5141 TO: DATE: PROJECT NAME: PROJECT NO,: Under our AGREEMENT dated ,200_, You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <-l calendar days, The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance, The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,200_ CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- 16B12 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No, PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto, This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of the CONTRACTOR to complete all the Work in accordance with the Contract Documents, The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, Page -20- 16B12 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents, Executed by Design Professional on ,200 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,200_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,200_ OWNER By: Type Name and Title Page -21- EXHIBIT F 16812 CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. PROJECT: ENGINEER'S Project No, CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents, To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be finally complete in accordance with the contract documents on: DATE OF FINAL COMPLETION Page -22- 16B12 The following warranty is attached to and made a part of this Certificate: Executed by Design Professional on ,200_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of final Completion on 2004 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of final Completion on 2004 OWNER By: Type Name and Title Page -23- 16812 EXHIBIT G WARRANTY In consideration of ten dollars, ($10,00), receipt of which is hereby acknowledged, the undersigned CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the contract either directly performed by the CONTRACTOR or at the express request of the CONTRACTOR by a SUBCONTRACTOR or CONSULTANT, Project Name: Date of Final Completion: Name and Address of CONTRACTOR: CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of all defects of materials and workmanship for a period of one year from the DATE OF FINAL COMPLETION, The undersigned party further agrees that it will, at its own expense, replace and/or repair all defective work and materials and all other work damaged by any defective work upon written demand by the COUNTY. It is further understood that further consideration for this warranty and guaranty is the consideration given for the requirement pursuant to the general conditions and specifications under which the contract was let that such warranty and guaranty would be given, This warranty and guaranty is in addition to any other warranties or guarantees for the work performed under the contract and does not constitute a waiver of any rights provided pursuant to F/orida Statutes, Chapter 95, et seq. DATE: CONTRACTOR BY: Attest: Page -24- "I'a.....; ".7. HANLA1 ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MIWDIYYYY) 01109/09 PROOUCER THIS CERTlFlCAn; IS ISSIIED AS A MA Tn:R OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4100 Good_ Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Naples, FL 34103 -3303 239261-3646 INSURERS AFFORDING CDVERAGE MAlC' - INSURER" FCCllnsurance CompanY Hannula Landacaplng & Irrigation, Ine. INSURER 8: 28131 Qualls Neat Lane INSURER c: Bonita Springe, FL 34135-6930 iNSURER 0: INSURER E: 16812 COVERAGES THE POLtClES OF INSURANCE LISTED BELOW HAve BEEN ISSUED TO THE INSUREIJ NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDtTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES OESCRfBEO HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUStoNS AND CONDITIONS OF SUCH ~S' AOGREGATE LIMITS SHOWN MAY HAVE BeEN REDUCED BY PAID CLA~ TYPE OF 118URANCE POLICY.....-eR: PO RA ...... A ~LlABIlIfY GL00067391 01/13109 01/13110 iiirRRENCE .1,000.000 X OOMMERCW. GENERAL LlABlI..flY TO RENTED .1MMO I CLAIMS MADE [j] OCCUR MED exP-~~;'" onlt pInOn) '5000 !. PO Ded;1.000 PERSONAl & ADV INJURY .1000000 - GENERAL AGGREGATE .2 000 000 ~~nUMlTnSIPER: PRODUCTS - CO"'/OP AGO .2 000 000 POLICY ~ LOC A ~UA8lLITY CA00100451 01/13109 01/13110 COMBINED SINGLE LIMIT !. NNAUTO (Ea Kdd8nt) '1,000.000 - All OWNED MlTOS BODILY INJURY . X SCHEDUlED AUTOS (PefJMdOl'l) HIRED AUTOS BODilY INJURY "- . !. NON-OWNED AUTOS (Peraocli;Mlnt) - PROPERTY DAMAGE . {Per accident) ........ UAIllUTY AUTO ONLY - EA ACCIDeNT . ::r ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AOO . A ~EIUJM8RELLA UABlLITY UMBOO062121 01/13/09 01/13110 EACH OCCURRENCE .3 000 000 X OCCUR 0 a.AlMS MADE . AGGREGATE .3 000 000 . ~ DEDUCTIBLE . X RETENTION .10000 . A WORKERS COlltEMMl1Off AND 001WC0SA40029 01/01/09 01/01/10 X we AlU. IOJ.tl- EllPt.OYERS'LIABILITY .500 000 AAY PROPRlETORIPARlNERJEXECUTI\Ie E.l. EACH ACCIDENT OFFICERlMEUBER EXCLUDED? E.l. DISEASE - EA EMPlOVEE .500 000 , ~~,~-:;'~~ .500 000 P IONSbeIow E.L. DISEASE - POliCY LIMIT OTHER DEICIUP1ION Of OPERAl'IONa IlOCAllONIl venCLQ I EXCLU8IONI ADDeD BV I!HDORIUlENT I ...eCtAL PROVIlMONS Re: 1-75@ Golden Gate PkWy, Landscape ImprovementColUer County Is Named as Addlttonal Insured wtth Respects to Genenol Liability par CG2033 0704. *30 days nollee of cancellation, except 10 days for nonpaymenl (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County 3301 Tamlaml Trail E. Naples, FL 34112 SHOULD ANY OF THE Aat1VE DESCRlBEO POLICES BE C"_IIll:h BEFORt THE EXPlRAnoN DATE THEREOf,lMEeHUlNO"SURERWR.LENDEAYORTOIMll .....30.... DAYSWRfTTEN NOTICE TO ntE CERTlACAlE HOLDER HAlED TO 1ME lEFT. BUT FAILURE TO 00 so SHALL ..ose NO OBL.JGAnoN OR lIABILITY OF ANY KIND W"QN THE MURER,ITIMJENTS OR REPREIENTATWES. A ACORD 25 (2OB1108) 1 of 3 1S3478131M347812 CAH a ACORD CORPORATION 11188 16812 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificete holder in lieu of such endOl1Hlment(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurence on the reverse side of this form does not constitute e contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter tha coverage afforded by the policies listed thereon, ACORD 25-8 (2001188) 2 of 3 1IS3478131M347812 o (Cel.I~_<J.~eM,_11~'" " ,..;:"",,- ',. ,- ",.,-, ...... 16812 AMS 25.3 (2001108) ------..-...-r".- 16B13 MEMORANDUM Date: January 13,2009 To: Brenda Brilhart, Purchasing Agent Purchasing Department From: Ann Jennejohn, Sr. Deputy Clerk Minutes & Records Department Re: Contract #09-5140: "1-75 at Golden Gate Parkway Landscape Improvements" Contractor: Hannula Landscaping and Irrigation, Inc. Attached please find one (1) original contract document, as referenced above, (Agenda Item #16B13) approved by the Board of County Commissioners on Tuesday, December 2, 2008. The second original contract has been retained in the Minutes and Records Department and 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) 16B13 MEMORANDUM TO: Jeff Walker/Ray Carter Risk Management Department FROM: Brenda Brilhart, Purchasing Agent Purchasing Department DATE: January 7, 2009 RE: Review of Insurance for Contract No. 09-5140 Hannula Landscaping and Irrigation, Inc. Contractor This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.B.13. 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. ,/?!oq J~ ^:"'A'~ ~'1k fI'4 +tr'~ cc: Pamela Lulich, ATM rgtri~,:' ~~ 'tY:~ / DATE RECEl'VED: '. }// 10",J"-6 1M 6'42 /P'7 DO NOT WRITE ABOVE THIS LINE ~ ~V,<^ t/:j~ ~sr1 )) q ID~ ITEM No.:31-\)2(.. O\Clo J FILE NO.: ROUTED TO: Date: REQUEST. .F..O.... .R LE.GAL SERVICES ~ January 7, 2009 __- ) 5 Scott Teac~- >- Assistant County Attorney To: From: Brenda Brilhart Purchasing Agent 239-252-8446 Re: ~~~ Contract #09- 5140 '\, \( 1-75 At Golden Gate Parkway Landscape Improvements Contractor: Hannula Landscaping and Irrigation Inc BACKGROUND OF REQUEST: This contract was approved by the BCC on December 2,2008; Agenda Item l6.B.13. 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. 16B13 1-75 At Golden Gate Parkway Landscape Improvements COLLIER COUNTY BID NO. 09-5140 COLLIER COUNTY, FLORIDA LAP Funded Project Local Vendor Preference Not Applicable Design Professional: McGee & Associates COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tarniami Trail, East Naples, Florida 34112 TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Perforrnance and Payment Bond Forms EXHIBIT B: Insurance Requirernent Form EXHIBIT C: Release and Affidavit Form EXHIBIT D: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions (LARFunded Project) EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and Specifications prepared by McGee & Associates and identified as follows: 1-75 At Golden Gate Parkway Landscape Improvements as shown on Plan Sheets 1 through 30. EXHIBIT N: Contractor's List of Key Personnel 16813 16813 PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA 1-75 At Golden Gate Parkway Landscape Improvements COUNTY BID NO. 09-5140 Separate sealed bids for the construction of 1-75 At Golden Gate Parkway Landscape Improvements, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Cornplex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 7th day of November 2008, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, 1-75 At Golden Gate Parkway Landscape Improvements, Bid No. 09-5140 and Bid Date of November 7, 2008. No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-P-1 through GC-P-14) shall be rernoved from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurernent website: www.collierQov.netlbid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. The Successful Bidder shall be required to furnish the necessary Payrnent and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance cornpany having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. GC-PN-1 16B13 The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days frorn and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 17th day of October 2008. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Is/ Stephen Y. Carnell, C.P.M. Purchasing and General Services Director GC-PN-2 16B13 PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The terrn "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may forrnally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The terrn "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisernent, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a cornpleted Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-14 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules subrnitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any ornission, alteration of form, conditional bid or irregularities of any kind. Bids rnust be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the GC-IB-1 16B13 location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Reauirements (Not Applicable to this Proiect) 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreernent, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and sarne has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreernent in the forrn attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. GC-IB-2 16813 Section 5. Siqninq of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership narne and signed by a general partner whose title must appear under the signature and the official address of the partnership rnust be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the rneaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification rnust be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendurn which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the GC-IB-3 16813 opening of Bids. Such written addenda shall be binding on Bidder and shall becorne a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to subrnitting its Bid, that it has received all addenda issued and it shall acknowledge sarne in its Bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Exarnined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirernents of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to rnake the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price iterns shall be based on the GC-IBA 16813 actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by rnore than 25% frorn the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the forrn of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible rnanner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be rnade by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. GC-IB-5 16813 Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is perforrned in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreernent requirements and has the integrity and reliability to assure good faith perforrnance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified" 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other rneans. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the rnajor subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. GC-IB-6 16813 Section 16. Prohibition of Gifts 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 lirnited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entitv Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crirne may not subrnit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." GC-IB-7 16B13 ~ COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 TAMIAMI TRAIL EAST ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING "G" NAPLES, FLORIDA 34112 (239) 252-8446 FAX (239) 252-6697 www.colliergov.net/purchasing ADDENDUM DATE: November 3, 2008 TO: Interested Bidders FRO~ Brenda Brilhart, Purchasing Agent SUBJECT: Addendum # 1, Bid # 09-5140 -1-75 At Golden Gate Parkway Landscape Improvements Addendum #1 covers the following change for the above-referenced solicitation: CHANGE: The payment and performance bonds are not required for this project. Section 4: Bonds (not applicable to this proiect) A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.frns.treas.qov/c570/c570.htrnl#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within 16813 five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. ADD: The following documentation should be included with bid submittal. The documentation listed below must be submitted and approved by Project Manager prior to Board of County Commissioners approval. 1. The contractor should have FDOT Maintenance of Traffic Plan prepared by FDOT/ IMSA Advanced work zone certified member. On site the contractor must have an Intermediate certified MOT employee. 2. The ability to purchasing $50,000 worth of specimen royal palms and warranty the material for one (1) year as well as the smaller material. 3. A contractor that is familiar with Motorola irriqation control equipment (three (3) years minimum experience). 4. Three (3) years prior experience installing new/large/craned-in plant material on a State or Collier County roadway. 5. Three (3) years installation of landscape material and irrigation system valued at $750,000. 6. Names of nursery supplier and pictures of all plant material as part of the bid prior to award. We are not asking to hold the material but we want to know what they can get specimen material. cc: Pam Lulich, Landscape Operations Manager cc: Bob Petersen, Project Manager cc: Liz Deleon, Project Manager 2 16813 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1.75 At Golden Gate ParkWay Landscape Improvements BID NO. 09-5140 Full Name of Bidder Hannula Landscapinq & Irriqation. Inc. Main Business Address 28131 Quails Nest Lane Bonita Sprinas. FL 34135 Place of Business Bonita Sorinas. Florida Telephone No. (239) 992-2210 Fax No. (239) 498-6818 State Contractor's License # N/A: Collier County License # 12870 921817 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents - "cal'1dBonds~and the Contract Drawings and. SpeCifications.' Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 16B13 MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change witl be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. Jrrioation Components Rainbird. Toro. Nelson. Ametek. Matco. Hit 2. Trees & Shrubs Florida Nurseries 3. Mulch Forestrv Resources 4. MOT Equipment Hiqhwav Technoloaies 5. Sod Duda Farms Dated November ih. 2008 Hannula Landscapinq & Irrigation. Inc. cjder .. '," .....'..'.' r.t7jf}=~:J1- BY: Dale F. Hannula GC-P-3 16B13 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further. the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 2. Crane Work Subcontractor and Address CR Sod, Inc. 961 13th St. SW Naples, FL 34117 Allied Crane 2315 J&C Blvd. Naples, FL 34101 Highway Technologies 2699 N. Airport Rd., Ft Myers, FL 33907 Categorv of Work 1. Sodding 3. Maintenance of Traffic 4. 5. Dated November ih. 20013 Hannula Landscapina & Irrigation. Inc. (Jdder vi ~~ BY: Dale F. Hannula GC.P-4 16813 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within forty five (45) consecutive 'ealeriaafdays;c6mplltedbyexc::lllding the ,commencement date and including the . last day of such period, and to be fully completed to the point of final acceptance by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Resoectfullv Submitted: State of Florida County of Collier Dafe F. Hannula , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. Dale F. Hannula , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. GC-P-7 16813 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida , which operates under the legal name of Hannula Landscaping & Irriqation. Inc. , and the full names of its officers are as follows: President Dale Frederick Hannula Secretary Dale Frederick Hannula Treasurer Dale Frederick Hannula Manager Damon Himmel The President. Dale F. Hannula is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken December 8th. 1992 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: N/A The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is N/A and if operating under a trade name, said trade name is DATED November tho 2008 Hannula Landscapinq & Irriqallon. Inc. legal entity GC-P-8 16813 ,~ .If. Witn~/~/ Witness BY: Dale F. Hannula (:)~:J~ Signature President Title STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this -Z!!L. day of November , 2008, by Dale F. Hannula , as President of Hannula Landscapinq & Irriaation. Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced "Pf"lL ~"'NALL" K"'.WlV as identification ,ancl:~(di~not) take an ()ath, NAME: (M.~~ (Signature of Notary) r tLi....,..."'iIi? M (l AIl.fl>M_'J / (Legibly Printed) My Commission Expires: 411 I 2. C II (AFFIX OFFICIAL SEAL) Notary Public, State of f L Commission No.: l:> 0 t. 1$ 3 ~ 'I 3 III I" N. CAMMy b "*'Y PulllIe . 8Ialt of Florida . 1Iy~~MI,20tl COllliftllfIOn . DO tlSm ,. . _TIrollF.........., , ' . GC-P-9 BID BOND (~JOT APPLlC/',BU'. TO THIS Pf'lO,JECT) 16B13 KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents, Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as "'~_C'~f:75=AtGolc:len' Gate ParkWay"Landscape Imptovements Bid No. 09-5140 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. GC-P-10 16 B 13 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 2008. Principal BY (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for GC-P-11 16 B 13 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign In the spaces indicated and return with your Bid. Bidder should check off each of the fOllowing items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery infonnation required is included. 7. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building 33QJIamlamLTra[l, E;;;tst. Naples,' Florida 34112 10. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>Project Name; <:>Opening Date. 11. The Bid will be mailed or delivered in time to be received no later than the specified ooenine date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Hannula LandscaoinQ & IrriQation Inc. Bi~Nam~j CJ..~.A President Signature & Title DATE: November tho 2008 GC.P-12 16813 HANNULA LANDSCAPING AND IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 239-992-2210 EXPERIENCE WITH INSTALLATION AND OPERATION OF MOTOROlA IRRIGATION CONTROL EQUIPMENT BID NUMBER 09-5140 1-75 AT GOLDEN GATE PARKWAY By: (JA!~ Date:----.Nrill 7 !J...f)J( I 16813 HANNULA LANDSCAPING AND IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING AND MAINTAINING MOTOROLA IRRIGATION CONTROL EQUIPMENT. 1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which Services Are Provided. The Following projects specifically include landscape installation, irrigation system installation, irrigation system with drip tube emitters, pump station installation, well drilling, sign fabrication and installation, fencing, hardscapes, landscape maintenance, directional boring, maintenance of traffic, installing landscape material with cranes,electrical service, irrigation system maintenance, landscape maintenance, turf grass maintenance, Motorola irrigation control equipment installation and maintenance. Name OfProject:/ Account Contract Start / Owner / Contact Amount Complete _.,~ T:'GoldeifGiiteP-iirkWay=c=Sl,317;845:00.2007c2008-:. CollierColiftt}"ATMDepC=' Grade Separated Overpass 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians MI'. Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscaping And Il'I'igation Installation, Directional Boring, Signage Repair, Maintenance Of Traffic, Site Work (Demolition and Grading) Irrigation System, Landscaping, and Turf Gmss Maintenance, Motorola irrigation control equipment services. 2. Gulf Coast Town Center $3,607,900.00 2005-2007 Estero Florida 15 Acre Shopping Center CBL & Assoc. Chattanooga Tennessee Mr. Brian Stoker 423-855-1550 Services Provided: Sub Contmctor To General Contractor: Landscaping And Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work, Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf Grass Maintenance, Until Acceptauce. 3. D.S 41 Corkscrew Road $1,685,291.00 2007-2007 To Northern City Limits Of Bonita Springs Bonita Springs Three Plus Miles Roadway Medians 16B13 Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscaping And Irrigation InstaIlation, Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work, Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation System, Landscaping, And Turf Grass Maintenance, Irrigation System Maintenance. 4. S.W. FL. Regional $2,232,555.00 2004-2005 Airport Ft. Myers, Florida Airport Building, Parking, And Common Areas Lee County Port Authority Steve Monk- John Carlo 239-707-1126 Services Provided: Subcontractor To General Contractor: Landscape And Irrigation System InstaIlation, Sign/Gazebo Fabrication And Installation, Fencing Maintenance Of Traffic, Site Work, Electrical Services. 5. U.s. 41 SR 90 $973,859.00 2007-2007 Tamiami Trail ,.- -- --'EastPhlilfe D' ,.. ..,-- Naples, Florida Two Miles Roadway Medians And ROW Collier County ATM Department 2885s.HorseshoeDrivc. Naples, Florida 34104 Mr. Bob Petersen 239-252-5871 --_! I Services Provided: Prime Contractor :Landscape And Irrigation System Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance Of Traffic, Electrical Services, Sitc Work, Motorola irrigation systems instaIlation and scrvice. 6. Azure At Bonita Bay $749,125.00 2005-2006 Bonita Springs, Florida High Rise Condominium Lutgert Companies Naples, Florida Michael Hoyt 239-495-6464 Services Provided: SubcontractOl'To General Contractor: Landscape And Irrigation System InstaIlation, Electrical Services, Tower Crane Direction, Water Meter Connections. 7. Airport Pulling Road Naples, Florida $506,749.00 2004-2004 Collier County ATM Dept. 2885 S. HOl"Seshoe Drive Two Miles Roadway Medians And ROW 16813 Naples, Florida 34104 Ms. Pam Lulich 239-252-6291 Services Provided: Prime Contractor: Landscape And Irrigation System Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of Traffic, Motorola irrigation control system installation and service. $478,939.00 2003-2007 Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Scott Windam 239-390-1936 8. Golden Gate Blvd. Phase III, Phase II Phase I Naples, Florida Three Plus Miles Roadway Medians And ROW Services Provided: Prime Contractor Landscape And Irrigation System Installation, Electrical Services, Directional Boring, Well Drilling, Signage, Maintenance Of Traffic, Site Work, Motorola irrigation control systems installation and service. 9. Collections AT $1,094,819.00 2006-2007 Vanderbilt Naples, Florida Five Plus Acre Shopping Center Wolbright Development Naples, Florida Laura Sloat 239-596-2807 Services Provided: Sub Contractor To Developer: Landscape And Irrigation Systems Installation, Site Work, Tree Relocation, Irrigation Maintenance. 10 Livingston Road $,1,015,702.00 2004-2005 Immokalee To The Collier County Line Naples, Florida Five Plus Miles Roadway Medians And ROW Collier County ATM Dept. 2885 S. Horseshoe Dl"ive Naples, Florida 34104 Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Water Meter Connections; Pump Stations, Maintenance Of traffic, Site Work, Motorola irrigation control systems installation and service. 11 U.s. 41 Boy Scout Drive $934,674.00 2007-2007 Fowler Street To College Parkway One Plus Mile Roadway Medians Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Rominc JEI 239-461-2476 16813 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With Drip Tubing And Emitters, Irrigation And Landscape Maintenance Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services, Directional Boring, Maintenance Of Traffic, Pump Stations, Site Wor!e, Irrigation, Landscaping And Turf Grass Maintenance. 12 Bonita Beach Road Landscape & Irrigation Project From Mango Drive To 1-75 Two Miles Roadway Medians And ROW $783,450.00 2007-2008 13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00 East Phase E Barefoot Williams To Collier Blvd. One Plus Miles; Roadway Medians & ROW 2007-2007 Collier County ATM Department 2885 S. Horseshoe Dr. Naples, Florida 34104 Mr. Bob Peterscn 239-252-5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical , SerVices,-Site Work, Motorola irriglltioncontl'ol'systellls-installatiun-andservice;:::' By: CU(~L- Dale F. Hannula President Hannula Landscaping And Irrigation, Inc. Date: /lJti~ 'Jjft)lJ<d HANNULA LANDSCAPING AND IRRIGATION, INC. 28131 QUAILS N EST LAN E BONITA SPRINGS, FLORIDA 34135 239-992-2210 16B13 EXPERIENCE WITH INSTALLING LANDSCAPE MATERIAL AND IRRIGATION SYSTEMS VALUED AT $750.000.00 By: QA-a...L BID NUMBER 09-5140 1-75 AT GOLDEN GATE PARKWAY Date: A/Ilv . 7 9W~ I 16813 HANNULA LANDSCAPING AND IRRIGA nON, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING LANDSCAPE MATERIAL AND IRRIGATION SYSTEMS VALUED AT $750,000.00. 1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which Services Are Provided. The Following projects specifically include landscape installation, irrigation system installation, irrigation system with drip tube emitters, pump station installation, well drilling, sign fabrication and installation, fencing, hardscapes, landscape maintenance, directional boring, maintenance of traffic, installing landscape material with cranes, electrical service, irrigation system maintenance, landscape maintenance, turf grass maintcnance, Motorola irrigation control eqnipment installation and maintenance. Name Of Project:/ Account Contract Start / Owner / Contact Amount Complete li'GGldeh-GiitePlirki'Vay' - $r,317,845;00 2007:2008-'CijllieY-Couhty-A-TM'DejjC"C- Grade Separated Overpass 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians Mr. Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscaping And Irrigation Installation, Directional Boring, Sign age Repair, Maintenance Of Traffic, Site Work (Demolition and Grading) Irrigation System, Landscaping, and Turf Grass Maintenance. 2. Gnlf Coast Town Center $3,607,900.00 2005-2007 Estero Florida 15 Acre Shopping Center CBL & Assoc. Chattanooga Tennessee Mr. Brian Stoker 423-855-1550 Services Provided: Sub Contractor To General Contractor: Landscaping And Irrigation Installation, Dircctional Boring, Signage Installation, Fcncing, Site Work, Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf Grass Maintenance, Until Acceptance. 3. U.S 41 Corkscrew Road $1,685,291.00 2007.2007 To Northern City Limits Of Bonita Springs Bonita Springs Three Plus Miles Roadway Medians 16B13 Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscaping And Irrigation Installation, Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work, Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation System, Landscaping, And Turf Grass Maintenance, Irrigation System Maintenance. 4. S.W. FL. Regional $2,232,555.00 2004-2005 Airport Ft. Myers, Florida Airport Building, Parking, And Common Areas Lee County Port Authority' Steve Monk- John Carlo 239-707-1126 Services Provided: Subcontractor To General Contractor: Landscape And. Irrigation System Installation, Sign/Gazebo Fabrication And Installation, Fencing Maintenance Of Traffic, Site W orl{, Electrical Services. $973,859.00 20ll7-2007 5. U.S. 41 SR 90 Tamiami Trail -- --=:cc:cc--c~cc,c,".EastcPhase'D'cc-'--:c'-c' Naples, Florida Two Miles Roadway Medians And ROW Collier County ATM Department ,,-. ''''''2885'S;,Horseshoe- Drive';' Naples, Florida 34104 Mr. Bob Petersen 239-252-5871 Services Provided: Prime Contractor :Landscape And Irrigation System Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance Of Traffic, Electrical Services, Site Work. 6. Azure At Bonita Bay $749,125.00 20ll5-2llll6 Bonita Springs, Florida High Rise Condominium Lutgert Companies Naples, Florida Michael Hoyt 239-495-6464 Services Pl'ovided: Subcontractor To General Contractor: Landscape And Irrigation System Installation, Electrical Services, Tower Crane Direction, Water Meter Connections. 7. Airport Pulling Road $506,749.00 20ll4-20ll4 Naples, Florida Two Miles Roadway Medians And ROW Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 16813 Ms. Pam Lulich 239-252-6291 Services Provided: Prime Contractor: Landscape And Irrigation System Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of Traffic. $478,939.00 2003-2007 Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Scott Windam 239-390-1936 8. Golden Gate Blvd. Phase Ill, Phase II Phase I Naples, Florida Three Plus Miles Roadway Medians And ROW Services Provided: Prime Contractor Landscape And Irrigation System Installation, Electrical Services, Directional Boring, Well Drilling, Signage, Maintenance Of Traffic, Site Work. 9. Collections AT $1,094,819.00 2006-2007 Vanderbilt Naples, Florida Five Plus Acre Shopping Center Wolbright Development Naples, Florida Laura Sloat 239-596-2807 Services Provided: Sub Contractor To Developer: Landscape And Irrigation --c:-Systems Jl)'stallatipl1,'Site:W ork;=-'j're-e:Relocatiqn,cIrrigation"Maintenance;'cc:"" 10 Livingston Road $,1,015,702.00 2004-2005 Immokalee To The Collier County Line Naples, Florida Five Plus Miles Roadway Medians And ROW Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Water Meter Connections, Pump Stations, Maintenance Of traffic, Site Work. Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of 11 U.S. 41 Boy Scout Drive $934,674.00 Fowler Street To College Parkway One Plus Mile Roadway Medians 2007-2007 16813 Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With Drip Tubing And Emitters, Irrigation And Landscape Maintenance Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services, Directional Boring, Maintenance Of Traffic, Pump Stations, Site Work, Irrigation, Landscaping And Turf Grass Maintenance. 12 Bonita Beach Road Landscape & Irrigation Project From Mango Drive To 1-75 Two Miles Roadway Medians And ROW $783,450.00 2007-2008 13 U.S. 41 (SR 90) Tamiami Trail $ 588,355.00 East Phase E Barefoot Williams To Collier Blvd. One Plus Miles, Roadway Medians & ROW 2007-2007 Collier County ATM Department 2885 S. Horseshoe Dr. Naples, Florida 34104 Mr. Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical Services, Site work. .'."B~:..'~"..~,.. Date: j)~ 7 ~"-l~ , Dale F. Hannula President Hannula Landscaping And Irrigation, Inc. HANNULA LANDSCAPING AND IRRIGATION, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 239-992-2210 16B13 EXPERIENCE WITH INSTALLING NEW!LARGE/CRANED IN PLANT MATERIAL ON A STATE ROAD OR COLLIER COUNTY ROADWAY BID NUMBER 09-5140 1-75 AT GOLDEN GATE PARKWAY By: 04 ~A Date: IlIdlJ 7 r9rJ() K I 16 B 13 HANNULA LANDSCAPING AND IRRIGA nON, INC. 28131 QUAILS NEST LANE BONITA SPRINGS, FLORIDA 34135 CONTRACTOR'S (3) YEARS EXPERIENCE INSTALLING NEWILARGE/CRANED IN PLANT MATERIAL ON A STATE OR COLLIER COUNTY ROADWAY. 1. Evidence Of (3) Years Experience In Specific Area Of Expertise For which Services Are Provided. The Following projects specifically include landscape installation, irrigation system installation, irrigation system with drip tube emitters, pump station installation, well drilling, sign fabrication and installation, fencing, hardscapes, landscape maintenance, directional boring, maintenance of traffic, installing landscape material with cranes, electrical service, irrigation system maintenance, landscape maintenance, turf grass maintenance, Motorola irrigation control equipment installation and maintenance. Name OfpJ'oject:/ Account Contract Start / Owner I Contact ".----...-."---.--------------.----.----".---." -Amoiiiif' ....-TompleteC__-"-:~_: ~::,::C:,:::"'--""::~-:C"- 1. Golden Gate Parkway $1,317,845.00 2007-2008 Collier County ATM Dept. Grade Separated Overpass 2885 S. Horseshoe Drive Naples, Florida Naples, Florida 34104 Two Miles Roadway Medians Mr. Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscaping And Irrigation Installation, Directional Boring, Signage Repair, Maintenance Of Traffic, Site Work (Demolition and Grading) Irrigation System, Landscaping, and Turf Grass Maintenance, Motorola Irrigation Control Equipment Services, And Landscape Crane Work. 2. Gulf Coast Town Center $3,607,900.00 2005-2007 Estero Florida 15 Acre Shopping Center CBL & Assoc. Chattanooga Tennessee Mr. Brian Stoker 423-855-1550 Services Provided: Sub Contractor To General Contractor: Landscaping And Irrigation Installation, Directional Boring, Signage Installation, Fencing, Site Work, 16813 Hardscapes, Maintenance Of Traffic, Irrigation System, Landscaping, and Turf Grass Maintenance, Until Acceptance, and Landscape Crane Work. 3. U.S 41 Corkscrew Road $1,685,291.00 2007-2007 To Northern City Limits Of Bonita Springs Bonita Springs Three Plus Miles Roadway Medians Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscaping And Irrigation Installation, Irrigation System With Drip Tubing And Emitters, Directinal Boring, Site Work, Maintenance Of Traffic, Electrical Services, Maintenance Of Traffic, Irrigation System, Landscaping, And Turf Grass Maintenance, Irrigation System Maintenance, and Landscape Crane Work. 4. S.W. FL. Regional $2,232,555.00 2004-2005 Airport Ft. Myers, Florida Airport Bnilding, Parking, And Common Areas Lee County Port Authority Steve Monk- John Carlo 239-707-1126 Services Provided: Subcontractor To General Contractor: Landscape And Irrigation System Installation, Sign/Gazebo Fabrication And Installation, Fencing Maintenance Of Traffic, Site Work, Electrical Services, and Landscape Crane 5. U.S. 41 SR 90 $973,859.00 2007-2007 Tamiami Trail East Phase D Naples, Florida Two Miles Roadway Medians And ROW Collier County ATM Department 2885 S. Horseshoe Drive Naples, Florida 34104 Mr. Bob Petersen 239-252-5871 Sel'Vices Provided: Prime Contractor :Landscape And Irrigation System Installation, Pump Installation, Signage Repair, Directional Boring, Maintenance Of Traffic, Electrical Services, Site Work, Motorola Irrigation Systems Installation and Service, and Landscape Crane Work. 6. Azure At Bonita Bay $749,125.00 2005-2006 Bonita Springs, Florida High Rise Condominium Lutgert Companies Naples, Florida Michael Hoyt 239-495-6464 16813 Services Provided: Subcontractor To General Contractor: Landscape And Irrigation System Installation, Electrical Services, Tower Crane Direction, Water Meter Connections, and Landscpe Crane Work. 7. Airport Pulling Road $506,749.00 2004-2004 Naples, Florida Two Miles Roadway Medians And ROW Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Ms. Pam Lulich 239-252-6291 Services Provided: Prime Contractor: Landscape And Irrigation System Installation, Electrical Services, Site Work, Directional Boring, Maintenance Of Traffic, Motorola Irrigation Control System Installation And Service, And Landscape Crane Work. $478,939.00 2003-2007 Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Scott Windam 239-390-1936 8. Golden Gate Blvd. Phase III, Phase II Phase I Naples, Florida Three Plus Miles Roadway Medians And ROW Services Provided: Prime Contractor Landscape And Irrigation System Installation, Electrical Services, Directional Boring, Well Drilling, Signage, Maintenance Of Traffic, Site Work, Motorola Irrigation Control Systems -~;c--=: IfislaIlatioiIAfid=Setviee;And LaudsclIp'cCl'atl.e:Work. -___--ccc__ 9. Collections AT $1,094,819.00 2006-2007 Vanderbilt Naples, Florida Five Plus Acre Shopping Center Wolbright Development Naples, Florida Laura Sloat 239-596-2807 Services Provided: Sub Contractor To Developer: Landscape And Irrigation Systcms Installation, Site Work, Tree Relocation, Irrigation Maintenance. 10 Livingston Road $,1,015,702.00 2004-2005 Immokalee To The Collier County Line Naples, Florida Five Pins Miles Roadway Medians And ROW Collier County ATM Dept. 2885 S. Horseshoe Drive Naples, Florida 34104 Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Water Meter Connections, Pump Stations, Maintenance Of traffic, Site Work, Motorola Irrigation Control Systems Installation And Service, And Landscape Crane Work. 16813 Lee County DOT Operations 5560 Zip Drive Ft. Myers, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Electrical Services, Directional Boring, Pump Stations, Maintenance Of Traffic, Site Work, Concrete Removal, Trellis Installation, Irrigation System With Drip Tubing And Emitters, Irrigation & Landscape Maintenance, And Landscape Crane Work. 11 U.S. 41 Boy Scout Drive $934,674.00 Fowler Street To College Parkway One Plus Mile Roadway Medians 2007-2007 Lee County DOT Operations 5560 Zip Drive Ft. My~rs, Florida 33905 Jonathan Romine JEI 239-461-2476 Services Provided: Prime Contractor: Landscape And Irrigation Systems Installation, Irrigation System With Drip Tubing And Emitters, Electrical Services, Directional Boring, Maintenance Of Traffic, Pump Stations, Site Work, Irrigation, Landscaping And Turf Grass Maintenance, Landscape Crane Work. $783,450.00 2007-2008 12 Bonita Beach Road Landscape & Irrigation Project From Mango Drive To 1-75 Two Miles Roadway Medians And ROW 13 U.S. 41 (SR 90) Tamiami Tmil $ 588,355.00 .,.., East.Phase EBarefootWilliams To Collier Blvd. One Plus Miles, Roadway Medians & ROW 2007-2007 Collier County ATM , . , Department 2885 S. Horseshoe Dr. Naples, Florida 34104 Mr. Bob Petersen 239-252-5871 Services Provided: Prime Contractor: Landscaping And Irrigation System Installation, Pump Stations, Directional Boring, Maintenance Of Traffic, Electrical Services, Site work, Motorola irrigation Control Systems Installation And Service, Landscape Crane Work. By: Q~Jf- Dale F. Hannula President Hannula Landscaping And Irrigation, Inc. Date: ~ I; ~JV HANNULA LANDSCAPING AND IRRIGATION, INC 28131 QUAILS NEST LANE 80NITASPRINGS, FlORIDA 34135 239-992-2210 810 NUMBER 09-5140 1-75 AT GOlDEN GATE PARKWAY FINANCIAL VERIFICATION OF ABILITY TO PURCHASE $50,000.00 WORTH OF SPECIMEN ROYAL PALMS By: ~~1Z- Date: Nt'tJ. 7 J)o()g , 16813 16813 fllFifth Third Bank 9021 Bonita Beach Road Bonita Springs, FL 34135 239-949-6300 November 3, 2008 To Whom It May Concern: Hannula Landscaping and Irrigation, Inc. has the reserve capabilities to purchase $50,000 worth of specimen royal palms for project # 09-5140 (1-75 at Golden Gate Parkway Landscape Improvements). Should you have any questions, please feel free to contact me. Sincerely, /~l }4I/t-- Tom Barnett :c: FinanciaLCenter:Manager::::: Bonita Beach Road Financial Center 239-949,6300 16B13 . ! ~jgl Ii lu r .. . I .r" '.~ "''"'''0,",-1 !] I'~' .' .,::t ,: ;:'('1' e't.~i' )li" ! .! . .;1 11',i:l j! j . 'I C'I.l fiJ~:t Ii I ,;. ':~::i','~f',.laJi i I ''''ilt3 .l :'1' . \'...'::~ t\ .": . t .c.. .' iii '" . r . "'. "r..'C ," .i~'~ . . ~...~.~ .: .... . l. :;ig:,~~.:;:j;:;C: " ..'~ . ~" .f;:....,,'.:;./:~,:',,.. i I I . I ! ,00 Il1J S1V.LN,m GlUING I I , I ! SC96 vH T9S XVII . I , SZ.9T sooz/to/n- 16813 . t II I- I- I u, II u [i'..., .,.....,........ . ''4-..:1''. ~. ..~. '.cor"".: . \' ..--:.~~. " I"'",," . J' : :; .~..~ "J' '1.4 'Ii Ill, "':':1' :,.' ':1 j , ,ii," ,. ,'.: " I ", '. ,. , .' ;',. l ". t ,. ".;.'1.., t ,~-...I ." .'..ei.I,'~ " i .}Ii ~ :~. '.j , I .,..' , .a. l . ....... .r. 'Ilii ::~i?;;i!~.:::t;i~I~.l . '!,< ....~..., Bill ;: . ,~:j:;~\i(~Z :.~ .1 :i.,.~/'l,-....,....,..,. -" " ,h' '. :.:..~.'~:l.:; ..:,,' .: .,~- GOO IB SlVLNffiI aaLINll 9Gge ~~L ,99 XV~ 9.:9, SOO./~O/" 16B13 .. HANNULA lJ!Kl~ & 1RRIGp;rjCf\/, IN<<::. SUBMITTAL NO.: 001 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements Crape Myrtle 'Muskogee' 10-12' HT 5-6' SPR 3" CALPR Multi Cherry Lake Tree Farm JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16B13 .. rHANNULA~ l.ANOSCAPlNClll> IflRIGAnCN, INC. 002 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements 'Densa' South FL Pine 5' HT 24" SPR 1" CALPR 7gal King's Nursery SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: ~-\' ~ ""HANNULA'" LAI'<OSCAf'f,lS '" lRAlGAlIl;>>/, INC. . 16 B 13 003 Bid #09-51401-75 at Golden Gate Pkwy Landscape Improvements 'Densa' South FL Pine 8' HT 36" SPR 2" CALPR 15gal King's Nursery SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: .. "-HANNUlA ~INS i.lRFlISI';ITC>>!, INC. 004 Bid #09-51401-75 at Golden Gate Pkwy landscape Improvements 'Densa' South Fl Pine 14' HT 48" SPR 4" CAlPR B&B Cherry lake Tree Farm 16813 16813 .. HANNUlA~ L~ING &lRRlGATlCfll, iNC SUBMITTAL NO.: 005 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements Florida Royal Palm 12' WD, specimen High Hope Tree Farm JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16B13 .. 'HANNULA'" ~PING a. IRRiG,o,ll()\l, INC. SUBMITTAL NO.: 006 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements European Fan Palm 4-6' HT, 3 stem min. Soaring Eagle Nursery JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16813 .. '"HANNULA'" LANOSCAPNS a IRRIGAllON, It-C 007 Bid #09-51401-75 at Golden Gate Pkwy Landscape Improvements Sabal Minor 3 9a112" HT Perkins Nursery 16813 .. HANNULA ~ j. iflR1GAnC>>/, iNC. SUBMITTAL NO.: 008 Bid #09-51401-75 at Golden Gate Pkwy Landscape Improvements Silver Saw Palmetto 3 9a112" HT Perkins Nursery JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: ~, ~ HANNULA LANDSCAPlOO .. iRRIGATICN, iNC SUBMITTAL NO.: 009 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements Firebush 10 gal Marken Nursery JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16B13 SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16813 .. 'HANNULA-' LMIDSCAPm & IRFIIGImON, INC 010 Bid #09-51401-75 at Golden Gate Pkwy Landscape Improvements Bougainvillea 'Siloulette' 3 gal Gray's Ornamentals SUBMITTAL NO.: JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16813 .. HANNULA ~ a,IRAlGAll00. INC. 011 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements Thryallis 3 gal E&R Nursery .. HANNULA ~ a.IRflIGA11ON, INC. 16813 SUBMITTAL NO.: Ot2 Bid #09-5140 1-75 at Golden Gate Pkwy Landscape Improvements Juniper Parsonii 3 gal E&R Nursery JOB NAME PLANT NAME SPEC.S NURSERY Approved By: Date: 16813 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below; Failure to complete the above may result in the Bid being declared non-responsive. Dated November th, 2008 Hannula Landscaoina & Irriaation. Inc. cjder IJA/~:A BY: Dale F. Hannula GC-P-6 16813 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Failure to complete the above may result in the Bid being declared non-responsive. Dated November 7th, 2008 Hannula Landscapinq & Irriqation. Inc. ejder IJAI--z~A BY: Dale F. Hannula GC-P-6 16B13 ... STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Golden Gate Parkway (Grade Separated Collier County ATM Dept. Mr. Bob Overpass Landscape Installation) Petersen (239) 253-2326 2. US 41 East Phase D (S1. Andrews Blvd. Collier County ATM Depl Mr. Bob to Barefoot Williams Rd.) Petersen (239) 253-2326 3. US 41 (SR 90) Tamiami Trail East Phase Collier County ATM Dept. Mr. Bob E (Barefoot Williams Rd. to Collier Blvd.) Petersen (239) 253-2326 4. US 41 (Boyscout Dr.lFowler Sl to College Lee County DOT Operations Mr. Bob Pkwy) DeB rock (239) 533-9425 5. Bonita Beach Rd. Landscape & Irrigation Lee County DOT Operations Mr. Bob Project (Mango Dr. to 1-75) DeBrock (239) 533-9425 6. us 41 (Corkscrew Rd. to Northern City Lee County DOT Operations Mr. Bob Limits Line of Bonita Springs) DeBrock (239) 533-9425 Dated November ih. 2008 Hannula Landscaoina & Irriaation, Inc. c1er ",' '4IfI~ BY: Dale F. Hannula GC-P-5 16813 Qualifier Certification Information CDPR2307 - Qualifier certification Information Collier County Board of County Commissioners CD-Plus for t'Hndm'ls Printed on 9/23/200 2:30:58PM CERT NER: 12870 QUALIFIER NBR: 12870 DALE F. HANNULA CLASS CODE: 4235 LANDSCAPING RESTRICTED CONTR. STATE NER: COUNTY COMP CARD: 3432SC STATE EXP LIAB EXP 1/13/2009 WC EXP 1/1/2009 ORIG ISSD 1/20/1993 RENENAL EXPIRES 9/30/2009 DBA: HANNULA LANDSCAPING, INC. 28131 QUAILS NEST LANE WC EXEMPT: N OL EXEMPT: Y ADDRESS: EXEMPT EXP DATE: PHONE: (239) 992-2210 FAX: FL (239) 498-6818 34135-6932 CITY: BONITA SPRINGS ~/ 16813 Qualifier Certification Information CDPR2307 - Qualifier certification Information Collier County Board of County Commissioners CD~Plus for Windows Printed on 9/23/200 2:32:51PM CERT NBR: 18618 QUALIFIER NBR: 12870 DALE F. HANNULA CLASS CODE: 4~20 IRRIGATION SPRINKLER CONTR. STATE NBR: COUNTY COMP CARD: STATE EXP LIAB EXP 1/13/2009 WC EXP 1/1/2009 ORIG ISSD 7/31/1998 RENEWAL EXPIRES 9/30/2009 DBA: HANNULA IRRIGATION, INC. WC EXEMPT: N OL EXEMPT: Y ADDRESS: 28131 QUAILS NEST LANE EXEMPT EXP DATE: CITY: BONTTlt SPRINGS FI, 34135- PHONE: (239) 992-2210 FAX: ,,~J.; 16813 ~\ -'~\~\W",_:l1 ~-'" ~"_' I" .if --~! ,~I(r;("~ '/(;->- r!V/0!!rz: : ~~I\~i~1\'\~'~~~~1(i;f~~'11!riijlrif:~ : ~;-<~0~,;!~:;:\{'i;;'~l;}~:f\;i~!'~1!%~;;~;':~!;\':)':,. ",";' ; '",;iJ;:i;;, ,'(I!;/0',i.'.;"';':r'; "f,;; *~~ . .,.,",.." ,',"".,""..",.c",., """",.l!L...,,~,'" ""~"'\c'\,\. " .. ;~3>/~ gy,: ~.- ::~.0' ',..;.~,..;;~rtD.j", ',' '".:........ ,..~'\' , ',..~' (k' "'" ,"', : '\"";~~: ,',' '~':/ &</_~ ~. . , "'''''''\''1 g>,~."" ~: '.,:,',',',.",.,.,I@ ~ S1J1~! " ',~',',-ro ~..,"".' s.;;... ", ":,,.,",U, ',., ~,'".,'..,.,-,".,..,..,-o ' d, ~' ~ -4' '~Q)H ~,~ ~if~~ ~ ..~' "..cs,...~' ~'~ Eio"rS1"o::l,,; BN' ....'~,..' .~ "..JW,'..q~Q 1~-~ ....~,.;,:~,.,~c.iiI2,[,..,'..:, ~,' ,'. '~,.,..,',.....",,"..."'" ...... v en -;;?"('(l ~ '~,"~ ~ ~.. ~.-oF ;~ .~ ~"~l ~ ,.,'~,.,.,"" .:.'...~,.,' t::l ..,~...~ ! ~ ' ' o$:E,..."... '.. -i..\ ~ . 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'-' (tl '-'.." ,or, , . ~ " "" 0::." o:?;'.:: ., ~ 1 ~, ,", ~...; >'" ::" <~' :;:f'<" . ; a--' ,-",.,.., 0 " <1l tlj, .. "'-" -."... ":'_H'_,,",,_:'.": ,:-"C','t::'.,-- ~ ] ., s u ~ 1 i .~ et: .1:; ~ I::l ~ \0:: Q .~ .S ~ ~ ~ ~ .~ l:: In l:l.:i .p .~ ~ ~ 0 ~ ~ 0 ~~ """" ~ N I::l ~ U..gj = ~ ~ ~ i3 '1:1 = 00 ~ 0 13 '" ~.m "" \.&':S Q,),Q = "0 ~ ~ ~ ~ t-l1J:" ~i 4.l ~ "t ~ ~ +4 'Eh " ~(r = -< ~ ~ ~~E ~ ~ ,~ b~ ~ '$ rJl .4-l 0 0 0 ...~ ~ .f!j ~ t:.l &S ~ ,~ gjt: g~ " . m>. Q ~ l':'l ~ N o 0 .~ ~ ulJ:" ~ '"' tl ~ '.$ ij Q)' ~ ,...; ~ ~ A t:.l ~ N Q,) ~ i H ~ G ~ '+:1 dJ Co:$ -+- rn ~ ~ ~ ;a ~ dJ ~ .~ ~ .~ .;: ~ .~. ~ ~ "fo,.\ ~ Q ti') 16913 16B13 16813 !::Cl!::cn::o ~ CQ , of jfj ivtatt'df'" :.",:. IO~'b ' " '~,'~" - -. -- ,1," "'" 1 a ~(," \.....~... . . ..-X?" . ' , . ., ."~'. 111epartmeut of ~tate I certify from the records of this office that HANNULA' LANDSCAPING AND IRRIGATION, INC. is a corporation organized under the laws of the State of Florida, filed on December 8, 1992. The document number of this corporation is P92000010592. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report/uniform business report was filed on April 28, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Eighteenth day of July, 2008 CR2E022 (01-07) 't1K rl~. ~ro JJecrelut"\!" ofJJtute , U U U U U U U U U 'U' , ~ CQ ~ ~ i::? CQ ~li~h<::OnC::H::O...PChC::hc:l c:lac:::l <::On~l1c:lac:::l l::CI ~ Florida Department of Transportation 16813 CHARLIE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 STEPHANIE C. KOPELOUSOS SECRETARY November 5, 2008 Mr. Dale F. Hannula Hannula Landscaping And Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Hannula: The Disadvantaged Business Enterprise Affirmative Action Plan subrnitted by: Hannula Landscaping And Irrigation, Inc. has been approved for a period of three years. Please update and submit a new plan before the expiration date shown below. If you do not plan to work on any Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850) 414-4750. s~ caroIG_~~ Administrative Assistant Equal Opportunity Office /clg AFFIRMATIVE ACTION PLAN EXPIRATION: This olan is one of the reQuirements to bid on contracts for the Florida Deoartment of Transoortation. This is not aooroval for Unified Certification ProQram DisadvantaQed Business Entemrise (UCPIDBE) Certification. For additional information in becominQ a DBE contact the Certification Section at (850) 414-4747. www.dot.stat8.fI.us * REGYQED PAPER 16B13 ZZl>:<<:fO,ltB EelUAL 9Pro~Nfri~oo:rld:; - ,- ti2i08. .P..g~.r.'o;:;} .t;fail'ti'riIaL:mdsc<l:p-;;}1.g .And lr-rigation~ Inc. 2Si$1:'~~fr~~tLa:n~ BlJnita."$~~,m~ifa-341a5 1239~Z.~2jb OBE Af'RRMAllVE ACTlONPLAN etitJl$t,STfil2W3\1T 'or, ."-'v.I_6_0P!n8.A.a~,:t.ni;....tion.ltl.... that ':< ,'-If'~'';'$jib~'()JODIli~'_''r Rule GbJOpler 14-78.F.AC,._;ijj~ ip '~"'~"1'lili?>hlfiiCil6f$l\1xI'suJllll~'" on an _cis awarded, bylhe A\J~" ;'- ,or RtJll> GI)'!Pler 14-78, FAC., shall apply ll> aU contracts enterooit1t(}.~"tff!>,1'l0nd,iJ " <I.. _ b. ,\ndlui '91"bu:. . ..'!-OO In-ig;.\ti\>l'l.. l...., ....,. ::.--<~:~..~r;i:;~J~',;;:,~~;:I~,~,:;ii;,,,j;,,~i~~.,JP~J?Ji~Inc":::" '", __ __ _, _ _ _ _,' _ and-irs-,~~0Ts shaU lllkl1,1\l~lle~~S$iilt,-antI;f6;i~srel'>il'lil~an"""Ymfi ~j>I"r 14--78; F,.A.~;i'ti!ell$W"..i.fl<ltlli~iml~<id ' ~l;l~,~"">~v'e$eiQl>P<>#!'ilij:tv't<i'~;j'a.ill,rAAf6iom,Wllll< C<mIra:cted,Wll'n;jtie:ftiil~irJJepaliriterittlfl'F8ilsportation. ""_ __'-'l~X~'~!\l~.p;idill,'i!:li,i~..:l..'~!i;~Ir1g~tl.on,_fi";" _ _ .:, _ _ _ arIf1itsstf~Gt_!J(S:~I,':,npt_ . .' ~li!.liilti]iJii!!iliA!iti'flij'l:bllliii>'<if~!;Illllr. r~iIIi<lJI;national,<>il!:I1l>.di$abilify. ~i1,Otage'in~.i.Yiiim1l'bilof:il&!trllliiii'- ',' wJtl>:!l:(e,i!j'"i:>llllrtJ"nNfTiBilSliOil3!ii:in. 1~'~"Iw.. U"d~""1Jb>... ..\.\<llnJptlllll,. (1I'~, , has- d~~et:I-aFJd a:ppoirited II Uaiwn(;J1li"ilr 1,,<leli;,lPp, mjijili.lliii, ..oo'fi>cin~or the DB!;A1!lrmaiive Aclion Plan implementation, ,l'rreUaiSon afti:@.f~tr.b&:ffi~~fq_t-~1s~~n~ff#~:tlils";.P9Iicy.~,thro.ughoot IYnpllL) tMnh""Ving,_~ll(l.irr>,..~fI.,-~~. anil'lb'll",ailvli1\lal1ed,t'MIi'Olloi!T'li(JS~&l'he'slalarteTlllsposled on notice btJaid.snftlieComjiaity. x Q~.~A,_ ",',..,',.."...,',..,',..".,'._~~ ", . -' Dale- F. Bannula I President x NQlt.elui1';7,5tb,200$ Oate j , 1 I t I _ _0.;._',-;.>"',_...,-........ '":..:.'. ".......~, '''-''':'~ .'o,_.u "__"'_""'~'"'-_'''''"'''''':''"'J'<-..,-,--'.::ji.,____-,,,...,~._,_ . .,-O-"'-c.".,.,'~.-'l'!,."<<~--".......,,.......,.... --:I!" ,,'~~. ~.~". ',,,-,,,v-ll:'[:::-"""';', ,.,..-,., ':~' " ~ -~~;.c:"i""'''<~''";:;:;?-"''''~.1-c{,'::J:,..,.'~~;:1''~.., .--~ . ._~-.---~.,'~ ~.., ~ , "._.....,:.~~---- '~_.~~._---,---..,.,.._~---..-._-7...___'_~~.____-,_._." '--..--....,----~-~..c-c~.,,-..'~-"7'~._~__ 16813 ~:1.e: .~~nv~ ""'" ~2~3 I,OeSIGNAtlO'" OF UAlSbN Of't=l(:ER D.IeF.HJuuuiJa , ',,' " "" ~ll~elymcrUil dlSaa'VSIllag'ed ~ltiis~j)j"$IitIdSi.tJlj:llleiS:.farall COlllidlJl>wlt~1hll FkIlida~i1lotTnmsplJrtlltlon, '"'8'" ,.." '''-'-<,ll'',..'..........'.,''''"-~' ~-dri..................lllililllaOl-..,"""'""'"'....~A.,......Pran'in-...-Witlttlle .n "llmpany....",ppQ.._a_a"""','''''''''''''.'''''''".,.." "",..".. ..-"'........__., ....,..", ,~"""'~_ ",'" ",.. requ~menlS PI RlJIe Ollal'ler 14-<711. FAC. TIle lil!ison Qllicenlill ba1te prilwuy.f/lSplInsibilityfor develllPing,mainIaining. and moRllorillg tile Compan\l'S utll!ZllQQn o'Q~nj~ .~ntfaI:;tQrs ll1'8ddl!lon llIthMoIfllWillg iij:lel'lilledutiest (1) TlI!tL/aisQflOllicersliaIMgg~SilIidl'l;lld$ti'tini~ IltdfleS$:subli:DiilractMl fQr all Fll1IIdil.DepaItiOOjjl DfTrtl~OOntiaclS;, (2) Thl! UIlis<lII OIllClll'WiII SUbIrllt lIIJ;riJtORls.IIl~ am !kIl:lImllllls nllPlIl(i ,by'liieFIOril:fa D~ tif 1;~;l!Il4lM!! 1IJ3!\lIlIl.ll $!!llb'~ !9fl!~rtQll~ !\lli..1~_(hil!ll~!!iIi!I\l!,!lf Illil!fi~by .. ',~"- (lOll....,.......'.........-.....qf....."'...;;.;;.~anl...1i '..........""^~- , ,'W "1:""A.C;'" ,'..-......~"~.~,_...'" ............""""""..... ..,,:nm~..........,. T~ WI/Owjt!Q..~l\a$..b!len~naled.LI@!so9~~~fqril!lJl!e\llel]/i!lgfAA'company'll. aflirmllliVeadlon progr.am'ill aecoldancaWlthtlle ~oUheFlodda ~ Transporlation. (LiiliSlliiOlliall'$~) "Dale F. HannUla [Y-our Gonipal\YS Niilil8) "'....I.L...."~..nd "",_ 'a<. (YbllrCO~'S~) ...m.Qu_....'...... ...............,.......'" (pIiCll1eNlllillllitbtlaiSOii 0tIiEeq (239) !l'Jz.._ (E"lltii"t reIN or T8ll kJ~ .-",. It AFFIRMA'TIVEAe'RON METHODS- hi ~..r tli'i'oImllllltll 8'I"!laUsliecAllimlaiNe,Acli!ltl f'ta4............""""""'......d __.... Il\1$tdemllletJ tli!ito"~ ~ IIainel$ toe pilrtjcipatloll by~ Su'l:lcOIlIi8tlors.,1lettire dilserlbingita PfOPllSed aff'il11Jlltilll>attioo merliods; 1. ~ofqlJ~ed ~Ml8lled~~!nQlJt~!I~Ql1l'lilQl!WQfk: 2. l.aCkofcertilied disadvantagedsuboonb.h;\Ol$ ~ lil!8l!.tcrplllfQlmRori4a Depailment ofTm~afiQn WOrk; 3. lacli: Of Irtlerestin perfo/rtliilg'ooFrOrida Dejlal1mentofT~<>>iilnr<:l:>; 4. Ulc;k;!If ~whim Feqllested'tMlJd; 5. LImited krtowtedgll otF'iolilll ~Oft~ pIIIoo and spooificatio.nsfo Pf8wre a t~ll$itl!ll bkf, In view of the ballier,!;,tQdi$lldvaflll!IJe(H,.!~llitated above.ll: s/lall1le'the policy of Hannnla~l'''' Arui",,""'tio..r,~ ,(O,~ oppoJ'lunity by"lllllizjng ~"IOllowll"\Q llfl1@S1lIIe actiOll m~UlodMi>ensure partk:ipationontlJeCQnlracl$ wilhn. f'lodda. Oepartmallt ofTmnspodaiiOn. Hm:mu.1o;Y.ndscapu.,!;:Ad~n.Inc. wilt 1, t:>rQ\Iide Io'llj..lllln nQIiCEltQ al cet!llIed Da$:$ul:M::9ntraemrs ittt~g\lO(j",phiCllI atell where the worK is to, be' Silb!;onlf:8Cl!!d bYlIJe ~ny; 2, AdvertiSe Ill'rmnorily fOCU5tli:l m!!dla ~Ol1~rni:l: ~l'fut'IffiesWilhihe company; 16813 2J'5;.03Q.11B- ~~R'F1JNITYOlTtce . tiW8' ooe:'3-~~ 3. Select pott\oos 0( Wild( tOM fJM'omted II)< DBEs ill IlI'der ~illcreaset/j. iblIihOOdofmllBliilg '1X">HfraCt .\10a!S (1I1!:ludlng, wneti'i,~. breaId!l\;l d@m ~IJ.1iJJ ec>>~lIy li:asible iln~l!) tal2lltaf", DBI:. padiQPlIlionX 4,. pro~ll<tcq~eIDf~ ~1I1el1l!!OO.~-, MdIe<!l!!rem~o(tf1econlracl, !fa! rejgGtillg.slJbc<mb<lllfo~ ~ SOUIlif reasol'IS' ~<)1). tl!otoogh rnvestIg;J!fon'On.l\elrca~bjlilles; 5. Wa\lE>mquirements ot~ bonds1l!lhef$ it I$,p:aCIIcaIlo do so; 6. Attelld pre..bid~lleJdf.llft/je Aoddll ~ilfT~to appilsediSadvtBilaged sUbCOlltriICl.oi!! oli oppoittmiiieswllli'th..~, 7. F6How 1lj),(lI\ Jillliat~1lS ,01 i):It~1I)OBE;$!jbcQntra.d.0Ill III d$l~b (;jlrtafnt}lWhetMtl/il;l OBe'COlI'lpa!lY isi~ in Ihe Slilxxlntractil{ltlOJtuMy. -.............p!n&"Aod ",,_. In<. , , l,I~tI\l\!1lrlSlll;tm~ <<qjj)lllMfuQ(fl!il!f!Qt~l!!l!iwil!~~J==.~~~~adlywlih:Ule diSll(i\lllIlII.l(1iKtsuJ1c;oofJ1lI1!}WIIlDJIIf!!J.y"II!Ili~.1lI.Id ,,'~~tbbe~, Ill. 'MPlEMENTAtlON On conli'lllil$ wItit specllic [l1lE QOal$. ,1l"__~ ~","""",ph'~ And lu~...... Ieo Will mike 'eVl!\Y'illfOdto meet !:QlIli'I;ict'goalS.as,Sl8lei:Illy .\lIlItzlll!l ils llIllII'i'IiiIN acoon,i1IetllOds. On 'projeds WilIr no spaClll~gltals, tbe OJimpanyWiJI. a!>aitliocPt" -M ili'1lOOdfaitit"!leek tollliliZe DBE SIitiCOlIImClOrswberh'ilorll: ism be slibOOlitrtll:ltW. IV. REPoR't1NG ......uh~.... Mod In......,, In'' , , c- shall l:~ and maiflfaln such, records-as are 1lIl!;l!S'SlIl)' ,to dmermillll the Compim~'& JlQmj:IlJanee lIrill1 ilsllElie'A1Ii~ AClkln I"fim.. TIle GQIi"lpillly wll/ ~,il$lllCiiIQ' ~~pIl!g ~eI1111) llIdiGallf: 1. The number of oee sllbconltactOOl alll:tSUj:lplieiS iJ$edlly'llK!:company,ideillllYiil91ffe items ofwotR, materials and $eNlcesprov/ded; 2. The elfQIts llf!(j ~ ~ m~ jo'l'lll8Ioi!l9 J:lSE~ l/lnx.lgh focal andOOl'lllDlJl\/lysoun:es; 3. DOCUlllOOlalion ofllRconfrlIcIs, toincjude~. ~~~l!l1l' ll!Iv~lillml$, ~~, to obtllinDBE pailid/)aliOnOlllllll'lorida OeJ;llIlIriIentotTla~)Jl'Ojel:l$; ,. , , 4. 1'JteCOInpMlIlhall;@lti.llfll"WitIl Florida Oe~llfTfanSportatiM'SNquj_nf$ regarding pa~iJ$~!f $~"~iil~g I)Bt;$fflreadl:mMtli,(~ periOdUn which the, c9in~hilveV!'l!!M4. V. DeE DIRECTORY !iw'pn-wOl T..an.b<:apia;AndlrrlgaJion..t.nc. will tlIillZllt~ OOE't:Iired!llYpubllstrBlf by the FloIidll Oepal1n1enl of Tl'lIrISIlllI"latilln, The Company WiII'distriblite FOI1J1 Nl-ImlJef 27~1. ~~^Cet!if~!!!l F(lIm Nilriluet 1. to patetitilll DBE COnll'aaors'and assiSf In their ~. - Florida Department of Transportation 16 B 13 CHARLIE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 STEPHANfE C. KOPELOUSOS SECRETARY November 5, 2008 Mr. Dale F. Hannula Hannula Landscaping And Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 RE: EEO AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Hannula: The Equal Employment Opportunity Affirmative Action Plan submitted by: Hannula Landscaping And Irrigation, Inc. has been approved. Please update any changes to your plan as they OCCUL It will not be necessary for you to submit a new plan unless there has been a change in the designation of your EEO Officer. If you need any additional information, please call Carol Greene at (850) 414- 4750 ~;~~ Administrative Assistant Equal Opportunity Office /eg Attachment(s) www.dot.state.fl.us * RECYct.ED PAPER 16813 srATE OF FLORIDA OEPARTMENT OF TAANSPORTATION NOTIFICATION TO FOOT OF EEO OFF1CER ,M'anstgJ1<!~ tlf;W!inal!-O:., , .Q!'J:l!(,!;>gwa!illl~~~j";!,WSJ'~; 275-021-\3 EQUAl apPORnlNITY 01107 J:a~aha;;Keedi't~ 9,,;!I4:S() , $~ct'-o.'n"11 CdMP!A:NYCib~Ij1[F)~)\ji'16r\t J <."-" ~". -',,~ .,- ,.---.<,-, '- ",->.".' " ""..~~~i!~~~~E:,QOF'Ff~$R'f!l!BNTJF1CATlON 9, t;;,,6'lltlltenWOrl\,ng.tltr.: Pr.,sidjent 11._.'()~l(~ddress of-E~q'Offll::l?lr. (City, state, zip}' ,______ BOrl!.fu:Sering$,FJllrkfa 34t~!i H~:lE:9~~;;~~N,,!,,""" Sec.titfiI3, SIGNATURE OF CORPORATE OfFfClAL '1",-.>.--,', ':'r:- ,;~t~(il)ielf:lif'lnijBq4af'E:mpT~ymenLOppbrtunltY Sri""i:.) Pro\lfsions inCluded iI1FederailY/F"j;lHifi~,!f' '\~iii:~~Y: 00hSttuJJtlbn Conf(f!cls and as required in the Equal Employment 9pPoti'ul!!ty ~iiliI'iJ'~t!i1lsfl1mijji;ledm.aIi'Sta:te;ftl!ldedhig hw1iy,constrt.jction"Ohlt~bt~, Ihi$.6fflcilllilqt!e'e ,ofEEO , '. , i.,' ti)(eAj (;!lldl,QrftW~te)"il>'!'la,~e tOlhef~,ri(f[l')Q~M~~I1!/\i~ tf~~~p\iff<!'!1i!r.afld Ihe ..~, oI'}I''''YJ'f!jjlifij~~~:tf'litWA) l\lf.fae~~I$!{dM3!l~;,~,i'f@1~!\'1J;fi3J'lrif..trifiitii)ff';~~\mf{lifID.1t\~ $i;i'. " , ,i1ll!jif!oJlj'eF!~pects6fthecon.~jj;u~tidi1:cdnltll'elcomP't;anrepii:;~$h'lii'iaj , 'Ej12EP'Gonsfnicffi:;hGdfilracl Compliance V\lbikb06k. 1a.~~~!~;~~~~rr~:! 11151,2>>0'11 , , :_~~~,P,tf~t~~ Tjtl~ fp~) P~@til (This,Seclion For FOOT Use} SectiDn 4: Processing ofNotificalion 20: 'Dat8::OroCess~,L{iii61aaily'rr , Gtjpy; Mailed trrConlraclor ,~ORllJ~g~,l,W~ 'PPROVEW ' , 0!SA,. P, PJf51 fY/, 1ATE ._~--c-----.--;.'~--'~'" ~ "....:"'-.._....,......,............,___0_ .._._ _...__.........:,-"-,,....,,"'."'-'-"'-~_. 16813 Hannula Landscaping And Irrigation,.In(. 2'5\31 Q\ra-il$ NOi'st Lure Bonib Sprll'i~F F1ori<;f;;l ~135' (.zgt1tm...22JQ :!$t(*-PUICY&F'l.AN ~~'''~'''''''-~-----~._..._-~- ".- -" ----. __"'A ?AGE, .,~~:~J~_~!,d~~~,I~,~g:~Jl!'::_ __ ~'~aft~i"-refen-ed1o~'" ~.-:'~" :.Q;~,~ NOV>m.lt-WStli, zoos By:- ---<-.-------~-~--_7-_n_.,__-,__.,.______.. Iv......... ._--..._._."'_.._-.._.._.__._~.._------~._--~---- .-- -,. D.:de_F.H;uu~ub, rre.~ktont --PimrN'mnt~"lltl~-- . - . ~a_40'l(fa!BfT OPPOftll'tN:tlYAHO ''','~f;,,'.,','BfA~, "IV','-""", "','",;W, ',"'",,'.iu,'., ft1r"~ '" ._' - - _ :""1': .J:;;. ,~'~.";I::.......: ..,," 1. 2_ 3. 4. 5. l$n1PIp~ UP,llI<l!l,[og, de1Jl<lliQn. ort""""",,,". R'1>~I1!i'llJi;mf"'lilf;r<<lIiltmont a</vellislng '" l'ffitt~'~i"n , " rcitlii;t1Plins ot compensation " . '.,'. ji""uding,~8ntl<tesllip. pre-apprenticeship and/o' 011- I'~s,,- ,- , - . -" ","::-~~~to ~$Jy'ftlllmtllill.1lil1"ijjjoinlment at an Equal g1\l,.jI)'..,~,',~', :fjf," , "",.Qffi,-,..e~~,fl,'.!l'f0,,',".,',"',_, ''fi;I>;''''1iftlJ1~~,',~,'~,:'__>'::'' information fO'!he, ~',l!D,lI1~" ,," ,@AAi\il\f-""l\!Iigw ,;P9Uq,TMEel:JOffll;llrhasresponSlbility t"*"llff~'!i"'aailllill"""Jt.""arld~"'". aCWl> "-"'iii 'ofoqual em^J/)'1l1ent, '",,,,'II,,,;!,,., ,~"'"Il!l, ,,,',~!'-Ifl!l '" ',' ..."",~ '. y 4~~i!1fi~i111. ~,~ 'I1!il!i;eflNilli:oont~el!ijj'I;EU!!IiOlisQfSlip<!iirit"hdenls. supervisors. t\l~Jij~"';!1fd'llm!>jJ;,1\tt't:f\'~!1fhmng,~ ',' , ~'''~',.J: "~,~<,,-_,,~,;,v,,, "---,'-~-~.-...-~-,-;.v-,...,.,.,_,, ~." ,-'.",..-1,..-.' :,~.:.....,'~.....~"'.,.,,,...,. ''''''i"~...i ..... '. "f.~.W.;:.~.t::~~'f\i_.,.'..:.... -'';-'-',' . .. "'-,.--. -."-. .. ;;;~~," ., ;,' <""-"-.--'~'7':~~~~(1;"i':-::'" ---c-~""""":~_,--__",,,,'''"''''_.fL~, '~'-'_..~---"""''C~_''''~'~'''~''-'''' _~.'-'''''._ _.. .'~..___~,..._,.~~~~~ ~_~ _ "'~",-"-_..",_."..-~-"...,......... 101t13 B$lAAl'OlJl;1"!I;~ PNlE.:l. This. Ci;'olllPany's EEl:! dIf-lIas~~__~l"9"~iJand ~::;O:J.~~~::U:a:US=~fi~ fQUfllth thlJ~,j;:~~ EEO~WIit.IllJilUl'a'.lllaUlllSpolitY<ind plliite l1eltigJ:ametJi:iUl a:G1M PIAN, 'IUs lhltpmiCyafthis Gl'Iil:I~tI1lit.tItilrir,j'~tie-!lliY~~l:IV'~e <If.ra~, .t_,L,~,..,i,.,..,1i " !'mill'" a<itiori ~ . 'ftli I!i;ijjg or mI:~ '1Ili1iliIeS 'dISliIited "'iltf vet! , . ",. ~~::~ ' " 'fiaooo.'.....l\ -th;~;Mcf......... --'be'''llued Q . ",~,fd adll" ,"" 'illdIn ' ~p "..n. ',',' -........~, , ,""'" ",_. . ,".., ,,'.',poIlO!i!f. ',.,.,"',.,." "., ~m ,,'. '"JJm Illll!;l~: Ii"',!! m[t. a~~,~ ~ ~~, ~".~. ~. thlli 9_ll9Y' ~!! I/nplemiint'liJ*l1OO ~'iIC:.OJl~af'lUsf'IalI:<<Jd~_.tflil:fdll~Ii.eliOilSIO '~llUmeqPlifalllPJ~~ ' ',', 1, =i=~=\._j.~i~ Sll~/'1I!ilQIY.~.am_tiOf ""'d.i:i!i:j.}ltlilt!:iili~littiiMiritalil1i~l\ it, wdildfflr~n~~ ',,", '..",,', ,,' -I"" ",', ", "",', ',',".',','....",',' '" .,'"" ." '"," =illl~~sP.r:t~~ '!':Jlt;jjna~OllDt~II4~J1~'~~~'n~Of~~m~, a fi1Illlifel!QIf.~~Ql"~ ".' ",..", ..\t;~ilIl! amt/lliilQrilyar temal.~ls ~'a.~.a~~~~qrga~ib)111nd pf wll{li ~llm.... fa~n...~ ~,tu~~,r~ll'aL~/i'~lillt'$l.Idl IndlWluaf waaseot1()~WI\!Dfl.hJclDJ.l;IiaIft!f ~AAf'!'.llaJ;mf~~~li:-f!il;th.e CQmpany by ~ tI!lilln or. If ~. not', ~f1Y.lffe~, thlSliliall be (jOqijm/3illf;\Cf In the 'fife wilh ~ reaSon llllffll'lilre, ,~Witb'Wltalevllr liiIdilklnal actiqnsfua Cl,:lmpany~ ~takill'l. 2. 3. '(f; 10. e;Qi'M~"1'lAN ~a 4. When appliC<!b~,flI'l;IVide'iin~'lIi~tei:I~tattl.if~W~ntije iJIli(:;n QfUllIOI'lS\l!Jtb Whfdtwe' ~ 'il'i::tlIkll#i\/il<'~nga~ent hlIw IiOtretelrelfto U$a1n1ObillY.pilfl;Ort,llt'~_iiitiyl/$i:orwilien:we~D1l!er~Il.,fIiilttlie untoilretemil~haS"'~OOI'~_~iOUi'tib~. . , -.. 6. ~~~~ n~" ,,\l~~~~~jJ'~ ,~" ~l}t""".~ ~')jIl~IIPtQ\iidejKjjrl:\i'Of.(I1,.)'!~.il'l(~iJig'~~~~f'\2.a~. ~~8Jl_'5I tIleJ)Q~wffh "If~~~~oIl!i!nIf__~~~~..~~ :::~~Jl:=r~ilt.:I.f:e~1=~~ Re~ ,littea$t:alr 'uaIIY:. tJfe'~~EeO.'!llldlil1liJmatlw~,Pllfi~' " ,l1rtdllt ihesa, .!I~~.',','<""-':- :'.,',", d ~,.,.,; ".'.,"lla\iolng"',.:",.~-\lOO,',' !IlbI1~, (0, t,;'hj~,n~ lI$$i Ili'iillllt. ~, iIimIlilaIli:lit (If' 'olllef-1JriJp~ diliaSilJM i~ 'lI' e(;iflC. ~'1a~_..~_~ rt1lj{i~IIlgIf;~ M8i'l<lIiiIJ.:~'.(1~~~~IlIll!lN-t/ill!Sllbj~ mtillef. 6'. 7. It Oiii$rtlfll~t!\I't,cC~ lEJ;O~~~,"~ ltiri~lI~rt~ fn =~~_.J.~~~~~Tta~=. l!lll" <<1" s,II..,,,.,.l'ittildI>t$:wlihwliiirifilieio."mitiles-Oc~';;;""""'~~, "'-liI_. ' ........ '" " ' '.l!'-...,,.......-'....,..,...'1'l...~,,, Di~ci'Ql!Nll~l'lt ~"IlOlh~~~!!/).1Qml~. I!>mal,al!(tt;Qmmu.flity QFganl2:<llIQos; W~Il>~ mirlQf!ly-8!'ld ~~;m~1O flQ~l;llC(lIJtm~nt lI!1.~ lr.Jirii09 ~~Ol1t~ lIIh,'eIili,'QlJf"~. rre.il~$. Npt ~ trnm 11m!,~ IXi<< (o;'1Iilt ,dallt,fqr tf:r~ ~ 'Of'~p~ fol lIpj)renDwbtp (If' oiftet, llalnliiQ by. allY'~~,wa shill $end Wrilteri. OOlifli:ation: to ~ SllCl'J,~ 1M 'lIIiOW-, lIoiSl:i'iIiiQg1ilEl opl!iniii!J$;.$(i~iU$J procedums,ilIlld~~~m'tlie'$eJ15l!Q1t~ ' , . We. 'MllsrlCo,Uiilge 'llfellel'lf lIiil1OlitYl;ItilI:~ ~$ fJ) '~.;i!llllr lIiirjCj.tl!V P~(~\"1rjS, ~i'f!;I ~ ,ilrji:t" w,/Hlje '(~i!~t1!ti-, ~'.r ,~t,$jJrjJr:l!l!r ~rjd vaca,', 'liOni!lh ......ii'ieritto "'''''-'1I1ld---''' Outti;"-tlie $lfll'aiiff iII:Olhet ari!a.~ "" ,," p'.,..~,.,.n..,.....~ ,,''''''......y .""".otl '.' ,', ", OfpUf,WCi~. ' , 15. 16. 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Qglf...,.._.9~,. __ ",' ,.." !l3m """'-....._...,_.... =:I=t~~~muri~~ma~'t=t'~EEo,~~,llameaJtI ThoEeb ..Offit<<WlIl'm~= eo~ (jf~~iMOOnillade tlitii~ company iOcOllriecflOli willi: itS Q:li1lraduai~_ "i'be EEOOfIicer 'Will' afteriipt to rllSolVe. such CillTIlilakllS, ~e.ac:ti.Ollatll< ,be','taI<en iOlfld,'W1lttbOtl"IDI/QI;!filfl'on acuOJ)s taKen and tlleiretrect, ItthiHiMl~ indiCiltftilUilt/lediSC/iffiinlitibilRlay'affilCt pet$(jos 6th'et-lrtatiflel:bfflPJjiirlald, sudi /l:OltediVellCt!CriS-$halI ~ 'SUl:Il,OfhEil'pt!tsonsi Up'Oll' collipletion Ofeach.~ati:i!l. tha'EEO'~d'li'lIOi'in-eve.y,ttlfflplamaillof'all(jfhIsor ner avenues Of .appear, The'BddtliSSe$ shi:IWIi:beIOW'iUij'iiiidlliVi/ni.lf$'JOI"ajipl>alS". EEOrll!ri'a.lCl'&J'lA!l C6mplirlyE!EQ0fficlil( Sw nam~ and oontal:f'infoonaOOri SUbsequeflto/'ShOiWrttl!'poilti!d~ U$~. QJ;!ptofUb!lF;R.l1IIii)j;3l~ Oftre~OfF~~e,Ill'~C4lj~ afFbi$Yih~f;S~. ~7a:.'7S Afll;l.ola, <M: ~ll&I3 $60,242'4 U.s. ~l/tJ1;lII":IDf'.em.~ ,Cqm.lPfI ' , t,!irlfrrtj prslriCtOl'b Oij:eBiSClii~e:'tbM1r,S\ll&J;27.w MiamI. FL~131 80a ,669;4000, ~&, R:di:fda'~' Q!I,Hul11lliJi~elliUons 2009,~!iI8~ePa.t;*~. T~,F1323O'$4~02 a5i '~701ilZtlf342-Af(Q lt~"'~~A!lmi!'J~l:iItJQn ~i/iiJIlt~~~$lJit.200 TiIIl~~.a~; lJ:s:.Efjt,r.lI~m;o~iW . .~_t'" -~~- U-B-J 3 16813 SlATE OF i'LORIDA OE:PARTMcNT Of lRANSPORTATlON NOTIFICATION TO FOOT OF EEO OFFICER 27~021-13 EQUAL OPPORTUNITY 011;)7 FOOT EaualOoportunitv Office, Mail signed original to: 605 Suwannee Street-MS 65, Tallahassee, F132399-0450 Section 1: COMPANY IDENTIFICATION \, Contiaclor N~me: ~____ _ 2.. FElD No.: Hannula L<]ndscaping And Irrigation, Inc. 650375795 1-3,- Home Office Mailing Address: (street) - 4. Home Office Mailing Address: (city, State, lip)) 28131 Quails Nest Lane Bonita Springs, Florida 34135 5. Main Phone Number: d_ 6. Fax Number: (239) 992.2210 (239) 498-6818 7. y/~a.tjsbeing Ilnitial~~?Officer ~O~ice to FOOT 1 New PersonADDointed I ADDaintee Chanaed Name j Contac~ Data Channed Ch.n9~~? I [:?lYes(. CJNc> I nYes [;X;] No I LJ Yes [Xl No I LJ Yes I2?l No ,. .' Section 2: EEO OFFICER IDENTIFICATION 8. Narite ofEEOOffi.cer: (first llamei-niiddle initial; last name) Dale f., HanRujij-- - 1 O. W9rk-Ad_~res~ ofEECf6JfiEer:(Streetr--' w_.. f-~-- 2813JQuailsNestLane___ __ u _ J Bon~a.SJlnngs, Florida 34135 12.EI;O:Officer Ph,~~eNlJm~er: -----~EEO Officer Fax Number: (23~f9~2'2210 ~_~___.-lm!ll498:68J8 . _ _ 14~': EEO Qfficei' email address: 9. EEO Officer's Working Title: President 11.- Work Address ofEEOCffficer: {cii}l";'stale,""zip} - -,. ,.---- --.----- ------- dhannula@hannulalandscaping,com Section 3: SIGNATURE OF CORPORATE OFFICIAL AsreqLlired in the Equal Employment Opportunity Special Provisions included in Federally Funded Highway Construction Contracts and as required in the Equal Employment Opportunity Requirements included in all State funded highway construction contracts, this official notice of EEO Offi.cer appointment (and/or ~pdate) is made to the Florida Department of Transportation and the U.S., Federal Highway Administration (FHWA). I understand that additional Information regarding the EEO Officer, the EEO Policy and other aspects of the construction contract compliance program may be found in the EEO ConstructioJl Contract Compliance Workbook, 15;.Appointingomc1al's Signature: -- 16. Date: (Mo/DilylYr:r" (If' ./ll /A..L 1'/1 17;. Official's Name: (printed) Oale F. Hannula -/ 11/5/2008 18. Official's Title: (printed) President (This Section For FOOT Use) Section 4: Processing of Notification 19, Processed by: (First and last Name) I 20, Dale Processed: (mofdaylyr) .~----_._._--- I DISTRIBUTION: UPDATE ACTION: Original to F~9T ,Central EO Office Files; Copy: Mailed to Contractor Input In EOR::.-vstem l6piJJ 3 01/07 State of Florida Department of Transportation EEO Officer Notification This form is used by contractors to communicate the appointment of an EEO Officer and to provide EEO Officer Contact data. The form is also used to update that information in the event of new appointees, name changes or contact data changes. Refer to the EEO Construction Contract Compliance Workbook and the FOOT contract for compliance program requirements and instructions. The contractor mails original of the completed form to FOOT Equal Opportunity Office 605 Suwannee Street-MS 65 Tallahassee, FJ 32399-0450 A copy of the form is returned to the contractor upon completion of processing by FOOT General: Complete all boxes each time this form is submitted Section 1: Proiect Identification Box 1 Contractor Name - The name of the contractor. Box 2 FEID No. - The contractor's Federal Identification Number Box 3 . Home Office Mailing Address (Street) - The contractor's home office street address; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 4- Home Office Mailing Address (City, State, Zip) - The contractor's home office city, state and zip code; if the business' home office is outside of Florida, indicate the address of the Florida Home Office. Box 5 Main Phone No. - Area code and phone number contractor's main business phone Box 6 Fax Number No. - Area code and phone number contractor's main fax Box 7 What is Being Changed? - Mark 'Yes' or 'No" to indicate if this is the company's initial submission of EEO Officer information; If a new person has been appointed as EEO Officer, If the appointee of record had a name change, and if the appointee's contact data is being updated. Section 2: EEO Officer Identification Box 8 Name of EEO Officer - First narne, middle initial and last name of EEO Officer Box 9 EEO Officer's Working Title - Job title if the EEO Officer has other duties (e.g. Treasurer, Manager of Contract Services, etc) Box 10 Work Address of EEO Officer (Street) - Address of EEO Officer's office Box 11 Work Address of EEO Officer (City, State, Zip) - Address of EEO Officer's office Box 12 EEO Officer Phone Number - Area code and phone number for EEO Officer Box 13 EEO Officer Fax Number - Area code and fax number for EEO Officer Box 14 EEO Officer email address - EEO Officer Email address Section 3: Sicmature of Corporate Official Box 15 Appointing Official's Signature - Signature of Company Official responsible for EEO Officer Appointment Box 16 Date (Mo/Day/Year) - Date appointing official signs this Notification form Box 17 Official's Name (printed) - Printed first name and last name of person signing Box 15 Box 18 Official's Title (printed) - Printed title of person signing Box 15 (e.g. President, CEO, etc) Section 4: ProcessinQ of Notification This section is completed by FDOT Box 19 Processed by - First and last name of person processing the Notification Box 20 Date Processed - Date processing is completed 16813 CONTRACTOR'S AFFIDAVIT VEHICLE REGISTRATION 7(,}.,)I('.Sl (':Oll~Tn!jr~'ll(~'1 Q.:,'('I ~TI~lF. ';'f F( OJ:::ir"'.[.:''''.f-J;:TMEI.n 'iF TRJlJl$P'':PTA11(,:-j State: Florida County: Lee BEFORE ME, this day personally appeared Dale F. Hannula, Hannula Landscaping Alld Irrigation, Inc, (Contractor's Name) who says that all of the vehicles operated or caused to be operated by said Contractor, are registered in the State of Florida! in accordance with Section 320. CJA~ Ca'ltract<X"s SIgnature TYPED NAME: Dale F. Hannula POSITION: President COMPANY NAME: Hannula Li.ndgcapin6 & Irrigation, Inc~ COMPANY ADDRESS: 28131 Quails Nest Lane Bonita Springs, Florida 34135 - -- ~~:Stare,9fFforida- County: Lee Sworn to and subscribed before me this 5th day of November ,2008 by Dale F. Hannula (Print name of person signfng certification) ,," lR~-..- a Notary PubJlc .Jv,-..IE 7, .:l 0 I , Commission Expires Personally Knovvn V OR Produced Identification Type of Identification Produced I--J I A- ",;~:)!11l11'J~~~ ANNETTE M. CARBARY 'D1il"\ NOIary PUCUC . SI.t. of Ffoilda ;' : 'f MyCommlulonEIljllreeJUll 7, 2011 \~.. W'lf.l Ccmm~.lon . DD 683393 ~,;;OIl'f\:"" iD_"'~", "tllll'" UVIN1l111~NItionaI~Aan. TO BE COMPLETED BY DOT PERSONNEL BUDGET ITEM NUMBER: FIN PROJECT NUMBER: CONTRACT NUMBER: 16813 STATE OF FLORIDA DEPARTMENT of TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 215{13O-10 EQUAL OPPORTUNITY OFFICE 02/08 Please complete and mail or fax to: Equal Opportunity Office 605 Suwannee St., MS 65 Tallahassee, FL 32399-0450 TELEPHONE: (850) 414-4747 FAX: (850) 414-4879 This information may also be included in your bid or proposal package. Prime Contractor/Consultant: Hannula landscaoina And Irriaation. Inc. AddresslTelephone Number: 28131 Qualls Nest lane Bonita Sorinas. Fl 34135 (239) 992-2210 Bid/Proposal Number: Bid # 09-5140 Quote Submitted MMNR: November 5111. 2008 49 CFR Part 26.11 requires the Florida Department of Transportation to develop and maintain a "bid opportunity list." The list Is Intended to be a listing of all firms that are participating, or attempting to partiCipate, on DOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials supplies on DOT -assisted projects, including both DBEs and non-DBEs. For consuJling companies this list must Include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project. Prime contractors and consultants must provide Information for Nos.1, 2, 3 and 4 and should provide any Information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants. 1. Federal Tax 10 Number: 650375795 6. ~ DBE 8. Annual Gross Receipts 2,,, -EirmN.am~:,Hannulalandscaojno ,& Irr- '. ' "Non,DBE u ,_ 0 LessJI]..n $tmiJIiO!l__, "" 3. Phone:' ioallon: Inc.' 1239\ 992-2210 ' 0 ' Between $1. $5i1iillion- 4. Address: 28131 Quails Nest lane ~ Between $5 - $10 million Bonita Sorinos. Florida 34135 7. (8J Subcontractor Between $10 - $15 million o Subconsultant 0 More than $15 million 5. Year Firm Established: 1992 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 less than $1 million 3. Phone: 0 Between $1 - $5 million 4. Address: 0 Between $5 - $10 million 7. 0 Subcontractor 0 Between $10 - $15 million o Subconsultant 0 More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. AddreSS: 6. 0 DBE o Non-DBE 8. Annual Gross Receipts o less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 7. 0 Subcontractor o Subconsultant 5. Year Firm Established: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax 10 Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax 10 Number: 2. Firm Nama: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax 10 Number: 2. Firm Name: 3. Phone: 4. Address: 5.-Year Firm Established: 1. Federal Tax 10 Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 16 B 121,. EQUAL. OPPORTUNnY OffiCE 02100 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between$10-$16million o More than $16 million 8. Annual Gross Receipts 8 Less than $1 million Between $1 - $5 million o Between $5 - $10 million o Between $10-$15 million o More than $15 million 8. Annual Gross Receipts o Less than $1 million 8 Between $1 - $6 million Between $5 - $10 million o Between $10 - $16 million o More than $15 million 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 8. Annual Gross Receipts o Less than $1 million 8 Between $1 - $5 million Between $6 - $10 million o Between $10 - $15 million o More than $15 millIon STATE OF FlORlOA DEPAATMENT OF TRANSPORTATION CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 6. 0 DBE o Non-DBE 1. Federal Tax 10 Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax 10 Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 7. 0 Subcontractor o Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsultant 16813 276-030-10 EQUAL OPPORTUNITY OFFICE 02/08 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 1. Federal Tax ID Number: 6. 0 DBE 8. Annual Gross Receipts 2. Firm Name: 0 Non-DBE 0 Less than $1 million 3. Phone: 0 Between $1 - $5 million 4. Address: 0 Between $5 - $10 million 7. o Subcontractor 0 Between $10 - $15 million o Subconsultant 0 More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 1. Federal Tax ID Number: 2. Firm Name: 3. Phone: 4. Address: 5. Year Firm Established: 6. 0 DBE o Non-DBE 7. 8 Subcontractor Subconsultant 6. 0 DBE o Non-DBE 7. 0 Subcontractor o Subconsullant 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 8. Annual Gross Receipts o Less than $1 million o Between $1 - $5 million o Between $5 - $10 million o Between $10 - $15 million o More than $15 million 16813 EXHIBIT "P" DEClARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Hannula Landscaping And Irrigation, Inc, Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with "'..thisdiidarationandlorsl./spehdldebarthe bidder/signatory. .,. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is, not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. 16813 Name(s} and TItle(s} of Authorized Representative(s} Hannula Landscaping And Irrigation, Inc. N e of Business November 5th, 2008 Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and TItle(s} of Authorized Representative(s) Name of Business Date Authorized Slgnature(s} f_ P,i f!r~ H ~rf;;'l> d ", " ~., g ~ ~ J ~ ~: l ~ ~ . a . g - ~ : ~ ~ ~'J~ ~ f~] ~ ~i 3 5".:r.., 6!}Ja~a' ~' ~, ,~ ~" c. ~ ~ ~lt" ~. !,t '"; :;. u . ~ ':::J o!:O .; JIll r!II!IIJg~1 ,,~~ ~~;~ &.~-~S.~~3 ,~":!.~~, ~~~.~9r~~!! L !HIHHH;: hi ~~qN~h!H ~ 8 H~d~p,Ei!~ ~18:~ Hf" ~ ~ PS"I;' t.! H. hHhH li;f f~~i!~:~njj ~. ~u iRhit hi iJH~hHI~ .,f~ Hd."UH~ 'I hi I~~H~i~[~i H~ .~hH!t~~H Hi !~iH~H~Hsl~' -lid ~r.,.~qIl5{~- 'l-~ ~"""':t~~~q H nHi :,~H , ~ - - ~ g ~ I i ~ & f i. i i' c' i i i I 1<6 iIl1<~ ill ir }l if [I i"t i-f rt f.r '.' Wi' Wi" Wi' Wj' '''-:1.1) <"> "", '/D"~ -g ~ 9 ~ ~ . 0: _"" ~ (l)'" <r g ~i g ~ ~ ~ ;I~ - ~o &l ;U ~ 'U a ~;Vg. {JOg . "- t 0: ~ ~ ~3> n. ...0 C/) "", 11 ~ .a fa .,.. g ~ ;lW ,-<0 s.=:i 0- ". a. .... .' ~ ~ , ~ f j f f r j I i a i o "" :I . '. Zs o "' . '" ~~ ~ cr 1l ", cr '" a. cr '" ~~ :l '" 'cr 5' """ qi' -l o it '" lh:J ~ ill:. 9 n ~ r" "- 4 "' 11 ... g ~ " ~, '" ~, ~ [ .~. Z Z 0< Z ~ b Q !Il j:l ~ i ~ ~ II g IIh fah" Ilnl Chllrrw (j) C 0- g " '" "' }l ~ ~ " 3 '" ... lJor -n I1l o '" '" & 8 a " '" 8" s ..'!li> . Q .. 3'- ~ o x- c> ro ro 9 n d, o " PluUd .., (M~ c"' !~ n'El UOUDflE OOIlI1::UOb g g ?' ~ ~ ~ r+-o~ca~i! _1 Z a ::; (}: Z m n (;;\ ';-':. .... 0 ~ O"oZZ.), <!W~!!l~~~~ g()~1~ uA~ 1l:s'gj@~h n~~ ~; ii ~ l!: ~ g.:J...n ~ ~~ ~ ~ .... "lj g ~ " rn z ~ o ~ ~ ~ ;;; " " "' ~ " ~ g 16813 [~-r-' lri ;0'" ::!g :!!~ ~~ ::!~ O~ ;z:lil ~~ m 11>> --.:::c: (1 ..', pq !:IJ~ ~~ ;rJz ;>; i:\, m~l ~ ~.~ S m l. :-> ~ tn 5 dO g ~ ~' ~ ~ ,,!'>,.,'~ l~ ~ " tt. o ~ w-- ~ ~ ~ )i7 ~ 'I ~ Z - l:' ;t~, ~ .r ~,j, Rg>~ ~?; ~ ~ Ji L. '" >,; ~ l "'" , ~. x~ 01 K{ g, ; 1e .I!.. l't ' ~ ... . ~,,' o o ~ .:' ~<j ;;lei U\ ~~ '" ~ ~ ~ 16813 Instructions for Form: The contractor must provide enough information through a Schedule "A" spreadsheet to defermine which pay-ttem(s) are being sublet, the amounts, and cost. For sublet calculations, the amount will be calculated based on the actual contract unit price(s) unless there is a partial sublet. For partial sublets. use the unit prices from the actual sub-contract 1) Enterthe Date of the certification of sublet work was prepared. 2) Enter the sequential number of the request starting with number 1. 3) Enter the Federal Aid Project number for the Prime Contractor if any, 4) Enter the Financial Project Identification number of the Contract. 5) Enter the Contract number of the Contract with the Department. 6) Enter the County name where the work is being performed, 7) Enter the Name of the Prime Contractor. 8) Enter the FEID number of the Prime Contractor. 9) Enter the Original Contract dollar amount (round to nearest whole dollar). 10) Enter a "Y" in the space marked Change if any information on the line has changed since the previous certificalion of sublet work was prepared. Otherwise, leave blank, 11) Enter the Subcontractor names, Enter all the subcontractor(s) regardless of their tier. 12) Enter the tier number for the subcontractor, If the subcontractor works directly for the Prime Contractor, enter a "1". If he works one level below, enter a ''2'' and so on, 13) Enter the FEID number of the Subcontractor(s). 14) Enter the name of the pertinent Contractor or Subcontractor that hired subcontractor. 15) Enter a short description ofthework to be performed, 16) Enter a "P" if any pay-item for the sublet Is a partial sublet 17) Enter the DBE status for the subcontractor: "0" for DBE, "N" for non-DBE. 18) The Department may require subcontractor to be prequalified with the Department as described in the Special Provisions and the Bid Solicitation Notice whenever construction projects contain certain classes of work that require specific expertise. 19) One (1) copy of this form shall be submitted to the District Office by the contractor. 20) To be sianed by principal of the firm or someone with the delegated authority and notarized, 16B13 STATE OF FLORIDA DEPARTh'lENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION STATEMENT 27S-03Q..-11A EQUAL OPPORTUNITY OFFICE 02108 1. FINANCIAL PROJECT NO. 2. FAP NO. 3. CONTRACT NO. 4. COUNTY(IES) 5. DISTRICT FM 200732-3 N/A AP177 09-5140 Collier 6. PRIME CONTRACTOR NAME 7. FEID NUMBER Hannula landscaping And Irrigation, Inc. 650375795 8. CONTRACT DOLLAR AMOUNT 9. REVISION? I!!.Q IF YES. REVISION NUMBER: - 10. IS THE PRIME CONTRAcrOR A FLORIDA 11. IS THE WORK OF THIS CONTRACT CERTIFIED "DBE"? (DISADVANTAGED 181 NO CONSTRUCTION 181 OR MAINTENANCE O? BUSINESS ENTERPRISE) 0 YES 12. ANTICIPATED DBE SUBCONTRACTS: PERCENT OF DBE SUBCONTRACTOR or SUPPLIER TYPE OF WORK/SPECIALTY DOLLAR AMOUNT CONTRACT DOLLARS A Sue's Safety 6220-2 Topaz Ct. Safety Equipment $500.00 0.OS7. Fort Myers, Fl 33966 B c D E f "'" " .11A TOTAlDOlLARS_T~__, : 118 TOTAL PERc.OO OF '_ ,: DBE'S COHTRACT .._ $500,00 O.OS% 13. SUBMITTED BY 12.0ATE 13. TITLE OF SUBMITTER Dale F. Hannula 11/5/200 President 8 14. EMAIL ADDRESS OF SUBMITTER 15. FAX NUMBER 16. PHONE NUMBER dhannula@hannulalandscaplng.com (239) 498-<l918 (239) 992-2210 NOTE: THIS INFORMATION IS USED TO TRACK AND REPORT ANTICIPATED DBE PARTICIPATION IN ALL STATE AND FEDERALLY FUNDED FOOT CONTRACTS. THE ANTICIPATED DBE AMOUNT IS VOLUNTARY AND WILL NOT BECOME A PART OF THE CONTRACTUAL TERMS. THIS FORM MUST BE SUBMITTED AT THE PRE CONSTRUCTION OR PRE WORK CONFERENCE. FOOT STAFF FORWARDS THE FORM TO THE EQUAL OPPORTUNITY OFFICE. THE FOLLOWING SECTIONS ARE FOR FDOT USE 11 .PROCESSEO BY 16. DATE TO EO OFFICE 19, LETTING OATE 20, EXECUTED DATE 21, PRECON CONF DATE DIS T 22.SU8MITTEDTOEO BY 10 FAX 0 EMAll o SHARED FOLDER EO I 23 .INCLUDED IN DBE PARTICIPATION REPORT OF IM/DIYI I I -- OFC I I I 16813 CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federallv Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submilled prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to prOVide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Reauirements for Certification of Non..seareaated Facilities 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the proviSions of the Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed In 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor/subcontractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor/subcontractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform' their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor/subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and olher eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, In fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor/subcontractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will rnh certifica~ns in his files. ~~ Signature Dale F. Hannula Printed Name Hannula Landscaping And irrigation. Inc. Firm Name 912008 Form C.OO4 16813 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Hannula Landscaping and Irrigation, Inc. ("Contractor") of 28131 Quails Nest Lane, Bonita Springs, Florida 34135, a Florida corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with 1-75 At Golden Gate Parkway Landscape Improvements, Bid No. 09-5140 ("Project"), as said Work is set forth in the Plans and Specifications prepared by McGee & Associates, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Docurnents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sornetimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and cornplete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: ninety seven thousand, nine hundred ninety five dollars and seventy five cents ($97,995.75) GC-CA- 13 16B13 Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the forrn prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular rnay be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liquidated Damaqes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Cornmencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Cornpletion within forty five (45) calendar days from the Cornmencement Date (herein "Contract Time"). The date of Substantial Cornpletion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Cornpletion within fifteen (15) calendar days after the date of Substantial Cornpletion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as cornplete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion GC-CA- 14 16813 within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's darnages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, five hundred and eighty dollars ($580.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Cornpletion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Deterrnination of Number of Days of Default. For all contracts, regardless of whether the Contract Tirne is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted tirne extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreernent and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA- 15 16B13 G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related darnages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Forrn Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions (LAP FUNDEDRRQJECT) Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by McGee & Associates and identified as follows: 1-75 At Golden Gate Parkway Landscape Improvements as shown on Plan Sheets 1 - 30. Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreernent by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Pam Lulich, Project Manager Alternative Transportation Modes Department 2885 5. Horseshoe Drive Naples, Florida 34104 (239) 252-6291 GC-CA- 16 16813 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be rnade in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Dale F. Hannula Hannula Landscaping And Irrigation, Inc. 28131 Quails Nest Lane Bonita Springs, Florida 34135 (239) 992-2210 FAX: (239) 498-6818 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, rnay not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months frorn the date of being placed on the convicted vendor list." Section 9. Modification. No rnodification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governinq Law. The Agreement shall be interpreted under and its perforrnance governed by the laws of the State of Florida. GC-CA- 17 16813 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work perforrned, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. ChanQe Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. GC-CA- 18 16B13 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: d(~~~-..~ FIRST WITNES~_ ~~"'~ '(\\ {\'\\. ~ ~ ('" S ~()~~ SEC D WITNESS ~lW- O. ccvfer Type r1nt Name By: Hannula Landscaping And Irrigation, -fJ~---- D...~ F ~}loN~ ptt(;;U Type/Print Name and Title Date: ~ -i '3 '3tI::fl OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF .:0;'" ,';. , COLLIER COUNT FLOR A ..', ~ d " Dwight-E. Brock;C'JerR ~~~~~(,s~~'~~ Q.L. ,tllP4tll" 011 i" ...::;- Approved Ai3.Tqf,erm aod Leg" s""{"\",, Print Name: ~ 11 R ~ Assistant County Attorney Item# ~ Agenda\l "L~ Date -""- ~:d \13-01 GC-CA- 19 P G 16B13 THE PRO$UREGROUP INC, December 19, 2008 Collier County 3301 Tamiami Trail Naples, FL 34II2 Contractor: Project: Bond #: Amount: Hannula Landscaping and Irrigation, Inc. 1-75 at Golden Gate Parkway Landscape Improvements 08-9348 $97,995.75 Gentlemen: We have executed the captioned bond(s) on behalf of Hannula Landscaping and Irrigation, Inc.. in favor of First Sealord Surety, Inc.. Please note that we have not dated the bond(s) or the Power of Attorney. The copy of the contract we received ~as not dated and as the bond( s) guarantee( s) the contract, they should not be dated prior to the contract. Please accept this letter as authorization to date the enclosed Performance and/or Payment bond(s), as well as the attached Power of Attorney for the captioned project. Please date these items concurrently with the contract date. Please do not hesitate to contact our office should you have any questions in this regard. Thank you. Sincerely, First Sealord Surety, Inc. , '1"'\ I' . ,j \ . !{:._....i ,U. David l Shick President Attorney-In-Fact for Surety /3-------." " ,---------.--- _.._----_.._--_._--._.~-----_._.__....._-~-_.-._._---- --_"'--'_--'"'~------_._---,------._-_.__.~_._---------- 7217 Benjamin Road, Tampa, FL 33634 813,243,1110 PHONE I 813.243.1109 FAX I contractbonds(fVprOsuregroup.com EMAIL www.prosuregroup.com P G 16813 T~H PROSUREGROUP INt This is the ji-ont page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Bond Number: 08-9348 Surety in which bond's written: First Sealord Sure~, Inc. Local Address: 4901 Northwest 1711 Way, Ft. Lauderdale, FL 33309 Local Phone Number: (954) 351-0902 Contractor Name: Hannula Landscaping and Irrigation, Inc. Address: 28131 Quails Nest Lane, Bonita Springs, FL 34135 Phone: (239) 992-2210 Owner Name: Collier County Government Address: 3301 E. Tamiami Trail, Naples, FL 34112 Phone: ( ) Obligee Name: Same as Owner Address: Phone: ( ) Contract Number: 09-5140 Project Description: 1-75 at Golden Gate Parkway Landscape Improvements Project Address: Legal description of property: Collier County, FL This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. 72 I 7 Benjamin Road, Tampa, FL 33634 813,243, I 110 PHONE! 813,243,1109 fAX I contractbonds@prosuregroup.com [MAli WWW.pr05uregroup.com 16B13 EXHIBIT A PUBLIC PAYMENT BOND 1-75 At Golden Gate Parkway Landscape Improvements Bond No. 08-9348 Contract No. 09-5140 KNOW ALL MEN BY THESE PRESENTS: That llamrula Landscaping and Irrigation, Inc. , as Principal, , as and First Sealord Surety, Inc. Surety, located at 4901 Northwest 17th Way, Ft. Lauderdale, FL 33309 (Business Address) are held and firmly bound to Collier County as Obligee in the sum of Ninety Seven Thousand Nine Hundred Ninety Five and 75/100 ($ 97,995.75 ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally.., WHEREAS, Principal has entered into a contract dated as of the _ day of 2008, with Obligee for 1-75 at Golden Gate Parkway landscape In!Jrovements in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otheiwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 2008, the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. GC-CA-A-1 16813 Signed, sealed and delivered in the presence of: PRINCIPAL ~~~~)~ ~ ' es s 0 Principal IIanrn1la Landscaping , and IrrigatiOll, Inc. BY: NAME: ITS: (~~,-A41~:" ,i-- UC',",- F ltc,,,.'.!.,,!,,} I\",.J,,* .______ My Commission Expires: STATE OF -=nOY\Ja. COUNTY OF ---1 RP - The foregoin 'nstrum (was - cknowleClged-before m~this~day oflX{'01V1.Jbr - 20 ,by. ,as~ of , , corporation, on behalf of the 'i known to me R has produced as (s~Y:.m~ ~ 1). (a0er (Legibly Printed) ~ ( ~ Not. ry PUb, 110 State of Florida ~ Gina 0 Carter ;.;:. j My Commission DD775416 "";0 ~# Expires 04/22/2012 (' ~~, ~ NAME: (AFFIX OFFICIAL SEAL) Notary Public, State of -.If~ Commission No,: J)D')?S'\.tI~ Sl!JRETY: , ATTEST: First Sealord Stn:'ety, Inc. (Printed Name) 4901 Northwest 17th Way Ft. lauderdale, FL 33309 (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) GC-CA-A-2 OR 16813 ~ As Attorney in Fact (Attach Power of Attorney) / -7 ,/.4 ?/~;A(' >?~~~_ '-----------Witnesses _.' ~-- David B. Shick ~'--:.. n___. __:::-, (Printed Name) 7217 Benj anrln Road Tampa, FL 33634 (Business Address) (813) 243-1110 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was DeceniJer , 2008, by Attornev- In-Fact Surety, on behalf of Surety, N/A take an oath. acknowledged before me this 19th David B. Shick of .First Sealord Stn:'ety, Inc. He/She is personally known to me OR has produced . as identification and who did (did not) {S~~~=o'i'.; ; ~'1i>U ," _, ", J O....q~;s;..L_ H;,:h_, Jennifer Dix Name: Holly J fI.._ ,lQ-X My Com,""Slo" OD519024 (Legibly Prit~t ,~o ...". cx~r.f)s ",". . day of , as My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No,: GC-CA-A-3 16813 EXHIBIT A PUBLIC PERFORMANCE BOND 1.75 At Golden Gate Parkway Landscape Improvements Bond No. 08-9348 Contract No, 09-5140 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as 4901 Northwest 17th Way, Ft. lauderdale, FL 33309 (Business Address) are held Collier County Ninety Seven Thousand Nine Hundred Ninetv Five and 7st100 ($ 97,995.75 ) for the payment whereof we bond ourselves,.our heirs, executors,. personal representatives, successors and assigns, jointly and severally. IIanrn1la UmdscaDiru< and Irr; fiIl'-; on First Sealord Sln:'ety, Inc. Surety, located . Tn..... at and firmly bound to , as Obligee in the sum of Obligee day of for WHEREAS, Principal has entered into a contract dated as of the 2008, with 1-75 at Golden Gate Parkway Umdscaoe TlIIDT'OVl'!lIlfts in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force: Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond, The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications, This instrument shall be construed in all respects as a common law bond, It is expressly understood that the time provisions and statute of limitations under Section 255,05, Florida Statutes, shall not apply to this bond, GC-CA-A-4 16813 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this . day of , 2008, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body, Signed, sealed and delivered in the presence of: PRINCIPAL Hannula Landscaping and Irrigation, Inc. I3Y:.(~),<Jt ~;, c_ .",/~~ NAME: ITS: j),,~ F r~v/v" f~ (\CC~l Jhl/ STATE OF. TI~ COUNTY OF~ The foregoing instrument ~~~' 2008, by of ~<;YtAt\ corporation, on behalf of the corpora on, ~ally known to ~ OR has produced as identification and did did not) take an oath, J).~ this ~ day of My Commission Expires: ( ~'f .y.. Notary PubliC State of Florida ( ~~t...-.". Gina Dearter ,.. ; MycommiSsionOD77541a )'\ c: :I Expires 04122/2012 . o,~ ... (Sig ature) Name: b'( (}:;{ 1)_ CArter (Legibly Printed) Notary Public, State of: 1l0- Commission No.:'i)D")~ (AFFIX OFFICIAL SEAL) GC-CA-A-5 16813 ATTEST: SURETY: First Sealord Surety, Inc. (Printed Name) 4901 Northwest 17th Way - Ft. Lauderdale, FL 33309 (Business Address) (Authorized Signature) Witnesses a!l to Surety (Printed Name) OR /~ .' ../ ~~ '. ~:-f/ %~<_ ,/Witnesses . ... ..-' -,,= As Attorney in Fact (Attach Power of Attorney) David B. Shick (Printed Name) /..---------------- - ---' 7217 Benjamin Road Tampa, FL 33634 (Business Address) (813) 243-1110 (Telephone Number) STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 19th day of My Commission Expires: , as Attorney-In-Fact Surety, on OR has produced id not) take an oath, -- Decent>er , 2008, by David B. Shick of First Sealord Stn:'etv. Inc. , a behalf of Surety, He/She is personally known N/ A as identificatio a Name: Holly Jermifer nix (Legibly Printed) (AFFIX OFFICIAL SEAL) i;~;~\: t>~e~-'--~+~;r~r":()I!- ;:,~~:--7"'~~~~'''jl Notary, P~b~f.' ~a1e:of::,.~," ......." ",""" I CommISSIOI\' /Irq-i" ..j...,.",,,... '4(-'" I, ! 'c;,;' ...:('" _ _ !~PIl('S ,-',~i1 ~:2u;'L ~ ",,-~, II -"'~~""-~ GC-CA-A-6 First Sealord Surety, Inc. Power of Attorney Power No: 1-~~8-l~ KNO\,l\l.At,L MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation of the Commonwealth of Pennsylvania, (hereinafter the "Company') has made, constituted and appointed, and by these presents does make, constitute and appoint David B. Shick, David R. Turcios andlor Steven Schumacher all of Tampa, Florida its true and lawful Attorney-in~Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: .....***.....'" Not To Exceed Five Million Dollarsm.-~__~M_-______m--m---($5,OOO,OOO.OO) *****.**** Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on April?, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases, agreements and other writings retating in any way thereto or to any claim or loss thereunder, shall be signed in the name ahd on behalf of tM Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary oran Assistant Secretary; or b) by anAttorney~ in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature.; or c) by such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument evldencing their appointmerlt. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make.such appointment." IN WITNESS WHEREOF, First Sea lord Surety, Ine, attested this 20th day of January, 2004, ..".;- /.-8~D ;;-;..... ~:-~";.\ f0-re"',\" , " \...l_~ .~Ld (seal)~~~~l Attest ~M"\\"" has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly First Sealord Surety, Inc. ~c~ ./ Gary L. Bragg, Secretary By: ~- J . p . oel D. Cooperman, VIce reSident Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is Vice President of First Sea lord Surety, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so a.ffixed by order of the Board of Directors of said Corporation; and that he ed his name thereto as Vice President of said Corporation by like authority. COM NW OF P V ..' T,..~,t. ~ -Ui~ _StoI ~.~,~ ~_ J --::/ AnlhonyT.-..,NoIoIyPulilc (Seal) ~(e OJ ~)~ ..\~. /' 11,'7 - Notary Public lowerMertonTwp..~lIQut"..yCouJ1y \~ i'i. t.Iy~l!lqlIrooAug.5,1lO10 ~;..~:;;.~~/ CERTIFICATE Member. PwlM4ylvtnfa AuociItMlnOf NotarIM I, the undersr~.ti'ed Secretary of First Sealord Surety, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, Is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12~1 of the By-Laws of First Sealord Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By~Laws of First Sea lord Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article Xli, Section 12-1 of the By~Laws appointing and authorizing an Attorney~in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, WIth like effect as if such seal and such signature had been manually affixed and made." In Witness Whereof, I have' hereunto set my hand and affixed the corporate seal of the Corporation to these presents this _ day of .20_ 08-9348 This power of attorney is void unless the Bond number is inserted in this plragraph (insert Bond # here ), the bond number is the same number as on the original bond, d the bonr! niJmber has b~en inserted by an officer or employee of the Company or by the agent (seal) l-"irsl_Sealnrd 5urctyJ'OAdnc (I:d. UI/20/20(4) Clienl#: 33375 HANLA1 13 ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 01/09/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 Goodiette Road North ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Naples, FL 34103 -3303 239261-3646 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FCCllnsurance Company Hannula Landscaping & Irrigation, Inc. INSURER B: 28131 Qualls Nest Lane INSURER c: Bonita Springs, FL 34135-6930 INSURER O. INSURER E: 168 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'~ =: TYPE OF tNSURANCE POUCY HUIEER ~}~S~ EFFECTIVE P~~'f:{~:h~re" LIMITS A ~NERAL LIABILITY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE '1 000 000 X COMMERCiAl GENERAL LIABILITY DAMAGE TO RENTED .100 000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) .5000 L PO Ded:1.000 PERSONAl & ADV INJURY $1 000000 - GENERAL AGGREGATE $2 000 000 ~'l AGG~Y~~E IlIM1T APrlS :ER: PRODUCTS - COMP/OP AGG $2 000 000 POlICY ~:;'i?T LOC A ~OMOBIL.E LIABILITY CA00100451 01/13/09 01/13/10 COMBINED SINGLE LIMIT 1L ANY AUTO (Eaaccident) '1,000,000 - AlL OWNED AUTOS BODILY INJURY (Per person) . X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY ~ (P9raccidenl) $ ~ NON-OWNED AUTOS - PROPERTY DAMAGE $ (Peraccidenl) :=rGE LIAB'UTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGG $ A EXCESSAIMBRElLA UABILITY UMB00062121 01/13/09 01/13/10 EACH OCCURRENCE $3 000 000 ~~CUR 0 CLAIMS MADE AGGREGATE $3 000 000 . ~ ~EDUCTIBLE $ X RETENTION . 10000 . A WORKERS COMPENSATION AND 001WC08A40029 01/01/09 01/01/10 X I T~~.;;;r~;.~~ I IOJ~' EMPLOYERS LIABILITY $500,000 ANY PROPRIETORlPARTNERlEXECUTIVE E.L EACH ACCIDENT OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE .500 000 If yes, describe under $500 000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OlliER DESCRJPTtON OF OPERATIONS I LOCATIONS I VEHICLES f EXCLUSIONS ADDEO BY ENDORSEMENT f SPECIAL PROVISIONS Re: 1.75@ Golden Gate Pkwy, Landscape ImprovementCollier County is Named as Additional Insured with Respects to General Liability per CG2033 0704, '30 days notice of cancellation, except 10 days for nonpayment. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County 3301 Tamiami Trail E. Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOf, THE ISSUtNG INSURER WILL ENDEAVOR TO MAIL --30.- DAYS WRITTEN NOTICE TO lliE CERTIFICATE HOlDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER,ITS AGENTS OR ACORD 25 (2001/08) 1 of 3 #53476131M347612 CAH <il ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (2001/08) 2 of 3 #S3476131M347612 AMS 25,3 (2001108) 3 013 DESCRIPTIONS (Continued from Page 1) #S347613/M347612 16813 EXHIBIT B INSURANCE REQUIREMENTS (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. (5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC,CA,B-1 16813 coverage's and charge the Contractor for such coverage's purchased, If Contractor fails to reimburse Owner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project 11 A. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit S, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? [2J Yes 0 No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements GC-CA-B-2 16813 b. Employers' Liability X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. o Applicable [2':J Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. o Applicable [2':J Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? [2':J Yes 0 No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: X General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $2,000,000 $2,000,000 $2,000,000 $2,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you," (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement GC-CA,B-3 16813 D Applicable cgJNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement D Applicable cgJ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in. Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such GC-CA-B,4 16813 rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? [8J Yes 0 No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA,B-5 16 B 13 EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2008 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2008, by I as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: GC,CA-C-1 16813 EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date FROM: (Contractor's Representative) Payment Application No, (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) % % Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ = Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) GC,CA,D-1 <J) W ::J ...J < > LL o W ...J ::J C W J: U <J) ~I-- ~, 'C ~ ~ .5 E o () ;;r- Qj I- ~ a; Z J: ~ >< "Q W n: Wo ---,"---' <(<(w I-~::I: 0<(" 1-1-1- ~3: W " . ~~ . ~ I~ " , ~ W ~ 0: W " ~~ 0- ! -<( l- i W 0: W" U<1) z- <(;!; ---,"- <(0 "'I- I-W ZI- W W U ---' 0:"- W'" "-0 U @cw ...JI-Wt- <(wD::<( b~Oc ..... :~d;; 0 80l!S1- o~ I W<( 0:- 00: I-W <1)';; '" . ~ E '" 0 0 enO Z 12 :i:D:: 1l " . s 0 I-W '2 'C 0 "- . . 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LL 'tl ~ o u Cl> 0:: III .... ';: Cl> - 'tl 'tl 0 cP 'i: > Cl> a:l 'G) a.. ~ .~ O::j!: .. ~'tl III Cl> ::l > o ,- <( ,_ Cl> > u Cl> Cl> .to:: '" o <i: u o l'J :!; 'tl Cl> ~ o - en Cl> ~ u Cl> ,_ .c o E > ::l Cz ~ i ::l en '0 '" ::> c ~ o ~ o C o ] ~ U III '" C - :0 :c x W '" - .. c m ____. -~._. 16813 TO: Project Name: Bid No.: Change Order No.: Change Order Description EXHIBIT E CHANGE ORDER FROM: Collier County Government Construction Agreement Dated: Date: Original Agreement Amount ........ --... ........... --....... ..... ... "........ --......$ Sum of previous Change Orders Amount ..----------.,,--.----....--------.----$ This Change Order Amount ..__...__.____.____..____.____..______.______.__...____..__$ Revised Agreement Amount. ...... ... ... ........... ........ ...... ... .................. $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Rev~edcompreilondare Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Design Professional Date: Accepted by: Date: Contractor Approved by: Date: Department Director Date: Approved by: Division Administrator Approved by: Date: Date: Object Code: Project GC-CA-E-5 .lbtl13 EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL. and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all,inciusive, and the faiiure to inciude an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion, GC-CA,F-1 f6 IT!3 The responsibilities between OWNER and CONTRACTOR for security, operation, safety. maintenance, heat, utilities. insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2008 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on .2008 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on .2008 OWNER By: Type Name and Title GC,CA,F-2 16813 EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: Contractor: The following items have been secured by the for the Project known as ,2008 and have been reviewed and found to comply with the requirements of the Contract Documents, Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2, Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form), 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. other: If any of the above is not applicable. indicate by NIA explanation. Acknowledgments: By Contractor: If NO is checked for any of the above, attach (Company Name) (Signature) (Typed Name & Title) By Design Professional: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) By Owner: GC,CA-G-1 16813 EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1,1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: GC,CA-H-1 16813 those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work, If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. GC,CA-H-2 16813 3. SCHEDULE, 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS, 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. GC,CA-H-3 16813 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction, Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S, and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively, In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less, Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule, Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. GC-CA,H-4 16813 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.7 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time, No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4,9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager 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 filed or reasonable evidence indicating probable filing 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) GC,CA-H-5 16813 unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218,735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, GC,CA-H,6 16813 materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named, Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7,3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse GC,CA-H,7 16 .8 13 Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; 8,1 A The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8,1.8 Materials received at the Project site; 8,1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8,2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit GC-CA,H-8 16B13 and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours, 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, 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 suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 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. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay, Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time GC-CA-H-9 16813 extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9A In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work, Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10A In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all GC-CA-H-10 16813 Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim, 11,2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless othelWise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. GC-CA,H-11 16813 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts, If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13,1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement GC,CA-H-12 16813 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 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, worker's 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 Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement 14.2 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. 15. CLEANUP AND PROTECTIONS, 15.1 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 GC-CA-H-13 16813 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. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT, 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. 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. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor 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. 17.2 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. 17.3 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. 18. TERMINATION FOR DEFAULT, 18,1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act GC,CA-H-14 16813 of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents, 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18,3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and GC,CA-H,15 16 B 13 Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension, If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of GC-CA,H-16 16813 the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable, Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment (4) Receipt of the final payment check list (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or 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 GC,CA,H-17 16B13 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 Substantial 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. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense, These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21,2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 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 Project Manager 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 Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written GC,CA,H-18 16813 directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense, 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays, 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK, 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work GC,CA-H-19 16813 shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere, Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS, 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents, Contractor shall keep on the Work at GC-CA,H-20 16813 all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.8, for services not rendered. 25, PROTECTION OF WORK. 25.1 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 for 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 moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 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 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES, 26.1 In the event of an 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 or Design Professional is obligated to act to GC-CA,H,21 16B13 prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of 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 Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order 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. 27. USE OF PREMISES. 27,1 Contractor shall maintain all construction equipment, the storage of materials and equipment and. the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28, SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons andlor organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and GC,CA-H-22 16813 responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3, Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5,1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; GC,CA-H-23 16813 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS, Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page, If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. GC,CA-H,24 16813 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 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. No markup shall be applied to sales tax, Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32,2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim agai'nst the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, GC-CA,H-25 16813 availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work, Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract GC-CA-H-26 16813 Documents to which the Subcontractor will be bound, Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6,4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34, CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders GC-CA-H-27 34.1.2 34.1.3 34.1,4 34.1.5 34.1,6 34,1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1.12 34.1.13 34.1.14 34.1,15 34.1.16 34,1.17 34.1.18 34.1.19 34,1.20 34.1,21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 16B13 Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment PurchaselDelivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records Inspection Reports Punch Lists PM IS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term, Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. GC,CA-H-28 16 B 13 35. SECURITY If required, Contractor shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records.' Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. 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. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (FA C.) or aboveground 62-762, F.AC, regulated tank requires notification to the 'County' prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county' local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement The notification is to allow for scheduling of the inspections pertaining to the installationlclosure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, FAC. and 62-762, F.AC, or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. GC-CA,H-29 16813 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. GC-CA,H-30 16813 EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract GC-CA-I-1 16813 EXHIBIT I Local Agency Program (LAP) Requirements SUPPLEMENTAL TERMS AND CONDITIONS Refer to the Form and Reporting Requirements Exhibit to become familiar with all documentation and compliance reporting that must be submitted throughout the project The following items must be submitted with the bid package. Any missing items will be considered a nonresponsive bid. REQUIRED FORMS (Attached) N/A DBE/AA Plan Submit BOTH with Bid If your DBE/AA Plan has not Package: been approved by FOOT: Disadvantaged Business Enterprise Affirmative Action 0 FDOT DBE/AA Plan A sample DBE policy and plan Plan Approval Letter (Form 275-030-11B) has been provided with approval DBE PLAN SUBMITTED WITH 0 Copy of DBE/AA Policy instructions, BID MUST BE APPROVED BY and Plan FDOT N/A EEO/AA Plan Submit with Bid Package: A sample EEO policy and plan has been provided, Equal Employment 0 Copy of EEO/AA Policy Opportunity Affirmative and Plan The EEO plan is not required Action Plan to be approved by FOOT, 700-011-13 Notification of EEO Officer Submit with Bid Package 700-010-52 Affidavit Vehicle Registration Submit with Bid Package 275-030-10 Bid Opportunity List Submit with Bid Package Exhibit P Declaration of Debarment Submit with Bid Package 700-010-36 Certification of Sublet Work Submit with Bid Package 275-030-11A Anticipated DBE Statement Submit with Bid Package C-004 Certification of Non- Submit with Bid Package segregated Facilities Provide FOOT Submit with Bid Package Prequalification # The fot/owing terms and conditions supersede any terms and conditions under the General Conditions of this contract and/or policy and guidelines of Collier County Government for the purpose of this engagement only. GC-CA,I-2 16813 2, Audit Reports (49 CFR Subtitle A Part 90, 48 CFR 31 Federal Acquisitions Requlations) In the event that a 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 United States Office of Management and Budget (OMB) Circular A-133. If the recipient expends less than $500,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMS Circular A-133 is not required. If a recipient expends less than $500,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-federal funds, Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient within 30 days of receiving it The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 3. Bonding and Prequalification (3-5,7-13.8-7.1 and 2-5.1 Florida Department of Transportation Guidelines) Prequalification of Bidders Except as noted below, pre-qualify with the Department to be eligible to bid. The Department publishes regulations covering prequalification of bidders under separate cover, The Department does not require the Contractor to be pre-qualified if bidding contracts of $250,000 or less or if constructing buildings. For contracts exceeding $250,000 amount, file an application for qualification on forms furnished by the Department, giving detailed information with respect to financial resources, equipment, past record, personnel, and experience. For qualified applicants, the Department will issue a certificate fixing the types of work and the aggregate amount of work that the Department allows the pre-qualified bidder to have under contract at anyone time. However for projects that exceed $250,000 and on the National Highway System or State Highway System, the contractor must be FDOT pre- qualified. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a) A bid on a contract to provide any goods or services to a public entity. (b) A bid on a contract with a public entity for the construction or repair of a public building or public work. (c) Bids on leases of real property to a public entity. GC-CA-I,3 16B13 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.0 17 F.S, for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list All pre-qualified Contractors bidding on any Contract must include with their bid proposal a copy of their Certification of Current Capacity (Form 375-020-22 and Status of Contract On Hand (Form 375-030-21). Guaranty to Accompany Proposals The Department will not consider any proposal unless it is accompanied by a proposal guaranty of the character and amount indicated in the Advertisement, and unless it is made payable to the Florida Department of Transportation. Submit proposals with the understanding that the successful bidder shall furnish a Contract Bond pursuant to the requirements of 3-5. Contract Bond Required General Requirements of the Bond: Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract Execute such bond on the form furnished by the Department Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. On contracts of $150,000 or less, the Department may waive the requirement for all or a portion of a surety bond if it determines that the project is of a non-critical nature and nonperformance will not endanger the public health, safety, or property. The Department may require alternate means of security it if waives the requirement for a surety bond. Continued Acceptability of Surety: Provide a surety bond that remains acceptable to the Department throughout the life of the Contract In the event that the surety executing the bond, although acceptable to the Department at the time of execution of the Contract, subsequently becomes insolvent or bankrupt, or becomes unreliable or otherwise unsatisfactory then the Department any require that the Contractor immediately replace the surety bond with a similar bond drawn on a surety company that is reliable and acceptable to the Department In such an event, the Department will bear all costs of the premium for the new bond, after deducting any amounts that are returned to the Contractor from his payment of premium on the original bond. Default by Contractor. In case of default on the part of the Contractor, the Department will charge against the bond all expenses for services incidental to ascertaining and GC-CA-I-4 16813 collecting losses under the bond, including accounting, engineering, and legal services, together with any and all costs incurred in connection with renegotiation of the Contract Surety to Furnish Legal Defense: The surety company shall indemnify and provide dense for the Department when called upon to do so for all claims or suits against the Department arising out of the Contract It is expressly understood that the monetary limitation on the extent of the indemnification shall be the approved Contract amount, which amount shall be original contract amount as may be increased by subsequent Supplemental Agreements. Liability for Wrongful or Criminal Act by Contractor: The principal and surety executing the bond shall be liable to the State in any civil action that might be instituted by the Department or any officer of the State authorized in such cases, for double any amount in money or property the State might lose, or be overcharged or otherwise be defrauded of by any wrongful or criminal act of the Contractor, his agent or his employees, Execution of Contract and Bond Within twenty (20) days after Contract award, execute the necessary agreements to enter into a contract with the Department and return the agreement along with a satisfactory surety bond and documentation evidencing all insurance required by 7-13 to the Department's Contract Office that awarded the Contract For each calendar day that the successful bidder is late in delivering to the Department's Contract Office all required documents in properly executed form, the Department will deduct one day from the Allowable Contract Time as specified in 8-7.1. The Department will not be bound by any proposal until it executes the associated Contract The Department will execute the Contract and bond in the manner stipulated in 2-5,1. The Department will execute the Contract within 15 days after receipt of the necessary agreements and bond from the Contractor. Failure by Contractor to Execute Contract and Furnish Bond In the event that the bidder fails to execute the awarded Contract, and to file an acceptable bond, as prescribed in 3-5 and 3-6, within 20 days of Contract award, the Department may annul the award, causing the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidations of damages, sustained. The Department may then award the Contract to the next lowest responsible bidder, re- advertise, or accomplish the work using day labor. 4. Buy America and Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines) Source of Supply Steel (Federal-Aid Contracts Only): For Federal-aid Contracts, only use steel and iron produced in the Untied States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a GC-CA-I-5 16813 manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product beginning with the initial melding and mixing and continuing through the bending and coasting stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the Untied States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e,g., concrete pipe, pres- stressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2500, which ever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporated into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in die Untied States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each such certification to the Engineer prior to incorporating the material into the project When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project 5. Change Orders See Exhibit H, General Terms and Conditions, Section 10. Changes in the Work, Article, 10.2 Change Order, Collier County Contract - Seeattachedcontrad page.GC-CM-l-10, highlighted. 6. Claims See Exhibit H, General Terms and Conditions, Section 11. Claims and Disputes, Collier County Contract - See attached contract page GC-CA-H-11 highlighted, 7. Contractor Purchased Equipment for State or Local Ownership Provision excluded from this contract 8. Debarment and Suspension (Collier Countv Purchasinq Policv) The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in GC,CA,I,6 16813 addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy Definition of Terms: For the purposes of this section, the following terms have been defined as follows: Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction, Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. For the purposes of this section, the terms "vendor" and "consultant" shall have the same meaning as "contractor" and the term "sub consultant" shall have the same meaning as the term "subcontractor". Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no 10 contendere. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director'~ to temporarily disqualify a contractor from County contracting or County-approved subcontracting. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section GC-CA,I-7 16813 XXXIX If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. Debarment: Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, .or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e, Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. GC,CA-I-8 16813 b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation, The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee'? consisting of at least three individuals who will review the complaint and the contractor's reply The County Manager or his designee shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue GC,CA-I-9 16813 outside the committee deliberations with any of the patties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S, g, Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating depattment, the contractor and the committee. Should the County Manager ovetturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Debarment Period: a. At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the causers) and in no event shall be the debarment period exceeds five years without the approval of the Board. b. At its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management; 4. Elimination of other causes for which the debarment was imposed; or GC-CA,I-10 16813 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. The Scope of Debarment: GC-CA-I-11 16813 Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. EXHIBIT "P" DECLARATION OF DEBARMENT The bidder, in accordance with Section XXIX of the prevailing Collier County Purchasing Policy, (known as "Debarment and Suspension") shall sign the appropriate declaration under this exhibit. In doing so, the undersigned hereby declares that: Name of Business 1. They are a prospective contractor, vendor, affiliate, or otherwise interested or affected party as defined under Section XXIX of the Collier County Purchasing Policy. 2. They are not nor have not been debarred or suspended by any public entity within the last five (5) years of the date of this submission. 3. Signature of this declaration constitutes a material representation of fact upon which reliance was placed when this submission was entered and evaluated. Further, should it subsequently be determined that the signatory knowingly or unknowingly rendered an erroneous declaration; the County shall reserve the right to reject the bid offer associated with this declaration and/or suspend/debar the bidder/signatory. 4. They shall provide immediate written notice to the person to whom this proposal is submitted if at any time they learn that its declaration was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. Should the proposed agreement be entered into, they shall not knowingly enter into any subcontract or supplier agreement with a person or entity who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this agreement, unless otherwise authorized by the Collier County Purchasing/General Services Director. The bidder shall sign the appropriate declaration below and comply with any accompanying requirements set forth therein: (A) I hereby declare that my firm nor its principals is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any public agency. Name(s) and Title(s) of Authorized Representative(s) GC.CA.I-12 16813 Name of Business Authorized Signature(s) Date (B) I am unable to declare that my firm is in compliance with one or more statements contained within this declaration and I shall attach an explanation for determination by the Collier County Purchasing Director. Name(s) and Title(s) of Authorized Representative(s) Name of Business Date Authorized Signature(s) 9. Disadvantaged Business Enterprises (Florida Department of Transportation Guidelines) Disadvantaged Business Enterprise Program: General: Prior to award of the Contract, have an approved DBE Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three (3) years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. Failure to keep these commitments will be deemed noncompliance with these Specifications and a breach of the Contract. Take all necessary and reasonable steps to ensure that FDOT Certified Disadvantaged Business Enterprises, as defined in 40 CFR Part 26 and DOT Rule Chapter 14-78, have the opportunity to participate in, compete for and perform subcontracts. Do not discriminate on the basis of age, race, color, religion, national origin, sex or disability in the award and performance of DOT assisted Contracts. Plan Requirements: Include the following in the DBE Affirmative Action Program Plan: (a) A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibly, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization (b) The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing, managing, and implementing the program on a day-to-day GC-CA-I-13 16813 basis for carrying out technical assistance activities for DBEs and for disseminating information on available business opportunities sot that DBEs are provided an equitable opportunity to participate in Contract let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and country agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre-Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the Department's Website, actual payments, retainage, minority status, and work type of all subcontractors and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: (a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on Department projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts to DBEs as a percentage of the total Contract amount; (e) a description of the general categories of Contracts awarded to DBEs. (f) The specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. All such records are required to be maintained for a period of five (5) years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. 10. Equal Employment Opportunity (Florida Department of Transportation Guidelines and US Department of Labor Emplovment Standards) Equal Employment Opportunity Requirements: GC-CA-I-14 16813 Equal Employment Opportunity Policy: Accept as the operating policy, the following statement which is designed to further the provision of equal opportunity to all persons without regard to their age, race, color, religion, national origin, sex, or disability and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color national origin, sex or disability. Such action must include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Equal Employment Opportunity Officer: Designate and make known to the Department's contracting officers and equal employment opportunity officer (hereinafter referred to as the EEO Officer) who must be capable of effectively administering and promoting an active Contractor program employment opportunity and who must be assigned adequate authority and responsibility to do so. Dissemination of Policy: All members of the Contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action ,will be made fully cognizant of, and will implement, the Contractor's equal employment opportunity policy and contractual responsibilities. Recruitment: When advertising for employees, include in all advertisements for employees the notation "An Equal Opportunity Employer". Personnel Actions: Establish and administer wages, working conditions, employee benefits, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination without regard to age, race, color, religion, national origin, sex, or disability. Follow the following procedures: 1. Conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 2. Periodically evaluate the spread of wages paid with each classification to determine any evidence of discriminatory wage practices. 3. Periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence if found, promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action must include all affected persons. 4. Investigate all complaints of alleged discrimination made in connect with obligations under this Contract, attempt to resolve such complaints, and take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such GC-CA-I-15 16813 corrective action must include such other persons. Upon completion of each investigation inform every complainant of all of the avenues of appeal. Subcontracting: Use the best efforts to ensure subcontractor compliance with their equal employment opportunity policy. Records and Reports: Keep such records as are necessary to determine compliance with the equal employment opportunity obligations. The records kept will be designed to indicate the following: 1. The number of minority and non-minority group members employed in each work classification on the project. 2. The progress and efforts being made in cooperation with unions to increase minority group employment opportunities (applicable only to Contractors who rely in whole or in part on unions as a source of their work force). 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority group employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. 4. The progress and efforts being made in securing the services of minority group subcontractors or subcontractors with meaningful minority group representation among their employees as deemed appropriate to comply with their Equal Employment Opportunity Policy. All such records must be retained for a period of three years following completion of the contract work and be available at reasonable times and places for inspection by authorized representatives to the Department and the Feral Highway Administration. Upon request, submit to the Department a report of the number of minority and non- minority group employees currently engaged in each work classification required by the Contract work. Executive Order 11246, As Amended Executive Order 11246-Equal Employment Opportunity SOURCE: The provisions of executive Order 11246 of September 24, 1965, appear at 30 FR 12319, 12935,3 CFR, 1964-1965 Comp., p. 339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I-Nondiscrimination in Government Employment [Part I superseded by EO 11478 of August 8, '69, 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803] Part II-Nondiscrimination in Employment by Government Contractors and Subcontractors GC-CA-I-16 16813 Subpart A-Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such results and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. [Sec. 201 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Subpart B-Contractor's Agreements Sec. 202. Except in contract exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: During the performance of this contract, the contractor agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, GC-CA-I-17 16813 records, and accounts by contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures. 7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the Untied States. [Sec. 202 amended by EO 11375 of October 3, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec. 203. (a) Each contractor having a contract containing the provisions prescribed . in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be file within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive Order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contract or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or any agency referring workers to providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agencies practices and policies affecting compliance as the Secretary of Labor may prescribe. Provided, that to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. GC-CA-I-18 16813 (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information. To the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion. sex or national origin, and that the signer either affirmatively cooperate in the implementation of the policy and provisions of the Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of October 13, 1967, 32 FR 14303, 3 CFR, 10966-1970 Comp., p. 684; EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Sec. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontractors, or purchase orders (1) whenever work is to be or has been performed outside the Untied Sates and no recruitment of workers within the limits of the United States is invoiced; (2L for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to be the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religion corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractor and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposed of this Order: and provide further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order. GC-CA-I-19 16813 [Sec. 204 amended by EO 13279 of December 9,200267 FR 77141, e CFR, 2002 Comp., p. 77141-77144] Part C-Powers and Duties of the Secretary of Labor and the Contracting Agencies Sec. 205 The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. [Sec 205- amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 206 (a) The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified I Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may receive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec 206 amended by EO 12086 of October 5mm 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Sec 207 The Secretary of Labor shall use hislher best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. [Sec 207 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Sec 208 (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation. Or order of the GC-CA-I-20 16813 Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearing in accordance with subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government contacts under Section 209(6) shall be made without affording the contractor an opportunity for a hearing. Subpart D-Sanctions and Penalties Sec 209 In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoying, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to present directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act 0 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (5) After consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with equal employment opportunity provisions of the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditions upon a program for future compliance approved by the Secretary of labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any non-complying contractor, until such contractor has satisfied the Secretary of GC-CA-I-21 16813 Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec 209 amended by EO 12086 of October 5, 1978, 43FR 46501, 3 CFR, 1978 Comp., p.230] Sec 210 Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within thirty (30) days, the Secretary may take the action directly. [Sec 210 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Sec 211 If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder of prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor. [Sec 211 amended by EO 12086 of October 5, 1978,43 FR 46501,3 CFR, 1978 Comp., p. 230] Sec 212 When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order the Secretary of Labor shall promptly notify the Comptroller General of the Untied States. [Sec 212 amended by EO 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E-Certificates of Merit Sec 213 The Secretary of labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the GC-CA-I-22 16813 personnel, training, apprenticeship, membership, grievance and representation, upgrading, and other practices and polices of the labor union or other agency conform to the purposes and provisions of this Order. Sec 214 Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor If the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. Sec 215 The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III - Nondiscrimination Provisions in Federally Assisted Construction Contracts Sec 301 Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of labor pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. [Sec 301 amended by OE 12086 of October 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] GC-CA-[-23 16813 Sec 302 (a) "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recipient of such Federal assistance. Sec 303 (a) The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency id directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and refuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or agency to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain form extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law enforcement or other proceedings. (c) In no case shall action be taken with respect to an appliance pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec 303 amended by EO 12086 of October 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230] Sec 304 Any executive department or agency which imposes by rule, regulation or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order: Provided, that actions to effect compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity GC-CA-I-24 16813 with the procedures and limitation prescribed in Section 602 thereof and the regulations of the administering department of agency issued thereunder. Part IV Miscellaneous Sec 401 The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Parts II and III of this Order. [Sec 401 amended by EO 12086 of October 5,1978,43 FR 46501,3 CFR, 1978 Comp., p 230] Sec 402 The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." Sec 403 Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963 and, 11162 (July 28, 1964), are hereby superseded and the President's Committee On Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody of the Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Orders. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee 0 Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remaining in full force and effect such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec 403 amended by EO 12107 of December 28, 1978,44 FR 1055, 3 CFR, 1978 Comp., p 264] Sec 404 The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. Sec 405 This Order shall be come effective thirty (30) days after the date of this Order. 11. Equipment Rental Rates (8-1 Florida Department of Transportation Guidelines) GC-CA-I-25 16813 The limitations set forth in 8-1, concerning the amount of work that may be sublet, do not apply to work performed by equipment rental agreement. However, for any work proposed to be performed by equipment rental agreement, notify the Engineer in writing of such intention before using the rented equipment, and indicate whether the equipment will be rented on an operated or non-operated basis. Include with the written notice a listing and description of the equipment and a description of the particular work to be performed with such equipment. As an exception to the above requirements, the Department will not require written notice for equipment to be rented (without operators) from an equipment dealer or from a firm whose principal business is the renting or leasing of equipment. The operators of all rented equipment, whether rented on an operated or a non- operated basis are operators are subject to all wage rate requirements applicable to the project. When renting equipment without operators, the Contractor shall carry the operators on his own payroll. For equipment that is rented on a non-operated basis, and when required by the Contract or requested by the Engineer, furnish payrolls from the lessor with the names of the operators shown thereon. When a lessor provides rentals of equipment on an operated basis that exceed $10,000, such lessor is subject to any Equal Employment Opportunity requirements that are applicable to the project. 12. Foreign Contractor and Supplier Restriction (Florida Department of Transportation Guidelines and US Department of Labor Emplovment Standards) For Federal-aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFF 635.410, as amended. Ensure that all manufacturing process for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending an coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1 % of the total Contract amount or $2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions GC-CA+26 16B13 of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $(actual value). Furnish each certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 13. Incentive/Oisincentive Clauses (Collier County Policy) The County desires to expedite construction on this Contract to minimize the inconvenience to the traveling public and to reduce the time of construction. In order to achieve this, an incentive-disincentive provision is established for the Contract. The total "incentive payment" or disincentive deduction shall not exceed $ The County will pay the Contractor an "incentive payment" in the amount of $ for each calendar day the actual completion date precedes the Original Contract Time and subject to the conditions precedent set forth below. The term "Original Contract Time" as used in this Article will mean the number of calendar days established for completion of the work in the Contract on the date the Contract was executed. The term "calendar day" as used in this Article will mean every day shown on the calendar. Calendar days will be consecutively counted from commencement of Contract Time regardless of weather, weekends, holidays, suspensions of Contractor's operations, delays or other events as described herein. For purposes of the calculation and the determination of entitlement to the "incentive payment" stated above, the Original Contract Time will not be adjusted for any reason, cause or circumstance whatsoever, regardless of fault, save and except in the instance of a catastrophic event (i.e., hurricane or a declared state of emergency). The parties anticipate that delays may be caused by or arise from any number of events during the course of the Contract, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers, subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of Contractor's operations, or other such events, forces or factors sometimes experienced in highway construction work. Such delays or events and their potential impacts on performance by the Contractor are specifically contemplated and acknowledged by the parties in entering into this Contract, and shall not extend the Original Contract Time for purposes of calculation of the "incentive payment" set forth above. Further, any and all costs or impacts whatsoever incurred by the Contractor in accelerating the Contractor's work to overcome or absorb such delays or events in an effort to complete the Contract prior to expiration of the Original Contract Time, GC-CA-I-27 16813 regardless of whether the Contractor successfully does so or not, shall be the sole responsibility of the Contractor in every instance. In the event of a catastrophic event (i.e., hurricane or a declared state of emergency) directly and substantially affecting the Contractor's operations on the Contract, the Contractor and the County shall agree as to the number of calendar days to extend the Original Contract Time so that such extended Original Contract Time will be used in calculation of the "incentive payment". In the event the Contractor and County are unable to agree to the number of Calendar Days to extend the Original Contract Time, the County will unilaterally determine the number of calendar days to extend the Original Contract Time reasonably necessary and due solely to such catastrophic event and the Contractor shall have no right whatsoever to contest such determination, save and except that the Contractor establishes that the number of calendar days determined by the County were arbitrary or without any reasonable basis. However, notwithstanding anything above to the contrary, upon the Contractor's written request being made directly to the Project Manager, with copies provided to both the Resident Construction Engineer and the District Construction Engineer, the County reserves unto the Project Manager, in his sole and absolute discretion, according to the parameters set forth below, the authority to make a determination to either fully enforce the above provisions with no modification, modify the "Original Contract Time" by moving it, or both modify the "Original Contract Time" by moving it and also modify the "incentive amount" by reducing it. No modification of this "Incentive-Disincentive" provision will be considered by the Project Manager for any impacts, whatsoever, beyond the reasonable control of the Contractor, for which the effect results in a time extension of less than 15% of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time". Furthermore, as to any such impact, for which the effect results in a time extension of 15% or more of the time remaining in the period from the first day of occurrence of such impact to the expiration of the "Original Contract Time," no modification of this "Incentive-Disincentive" provision will be considered by the Project Manager unless the Contractor clearly establishes that it has continuously from the beginning of the project aggressively, efficiently and effectively pursued the achievement of the "incentive payment". This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work so as to still achieve the "incentive payment", and that, but for this impact, the Contractor would have otherwise earned the "incentive payment" provided in the original Contract. Also, to the extent the request is not submitted in writing to the Project Manager within not less than twenty (20) calendar days prior to the expiration of the "Original Contract Time," the Contractor must also continue to aggressively, efficiently, and effectively pursue the completion of the "Incentive-Disincentive" work. This would include the utilization of any and all reasonably available means and methods to overcome all impacts and accelerate the work, until a determination is made by the Project Manager or twenty (20) calendar days has expired since such written request was received by the Project Manager. There shall be no right of any kind on behalf of GC-CA-I-28 16813 the Contractor to challenge or otherwise seek review or appeal in any forum, of any determination made by the Project Manager under this provision. The Contractor shall have no rights under the Contract to make any claim arising out of this incentive payment provision except as is expressly set forth in this Article. As conditions precedent to the Contractor's ~ntitlement to any "incentive payment" the Contractor must: (1) Deliver in-hand to the County any and all claims, in full accordance with Exhibit "H"- General Terms and Conditions, Section 11 - Claims and Disputes (2) Actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time. (3) No later than 60 days after final acceptance by the County, the Contractor must either (a) elect to be paid the "incentive payment" pursuant to (4) below, or (b) notify the County in writing that the Contractor is electing to be paid the "incentive payment" and is reserving one or more outstanding claims for final and fully binding determination in accordance with Exhibit "H" - General Terms and Conditions, Section 11 - Claims and Disputes. (4) The Contractor shall notify the County in writing, within 60 days after final acceptance of the Contract by the County, that the Contractor elects to be paid the "incentive payment" which the Contractor is eligible to be paid based on the actual final acceptance date, and such written notice shall constitute a full and complete waiver, release and acknowledgment of satisfaction by the Contractor of any and all claims, causes of action, issues, demands, disputes, matters or controversies, of any nature or kind whatsoever, known or unknown, against the County, its employees, officers, agents, representatives, consultants, and their respective employees, officers and representatives, the Contractor has or may have, including, but not limited to, work performed, work deleted, change orders, supplemental agreements, delays, disruptions, differing site conditions, utility conflicts, design changes or defects, time extensions, extra work, right of way issues, permitting issues, actions of suppliers or subcontractors or other contractors, actions by third parties, shop drawing approval process delays, expansion of the physical limits of the project to make it functional, weather, weekends, holidays, suspensions of the Contractor's operations, extended or unabsorbed home office or job site overhead, lump sum maintenance of traffic adjustments, lost profits, prime mark-up on subcontractor work, acceleration costs, any and all direct and indirect costs, any other adverse impacts, events, conditions, circumstances or potential damages, on or pertaining to, or as to or arising out of the Contract. This waiver, release and acknowledgment of satisfaction shall be all-inclusive and absolute, save and except any routine County final estimating quantity adjustments. Should the Contractor fail to actually complete the Contract and obtain final acceptance by the County prior to expiration of the Original Contract Time, or should the Contractor, having timely completed the Contract and obtained final acceptance by the County prior GC-CA-I-29 16B13 to expiration of the Original Contract Time but having failed to timely request the "incentive payment" for any reason, and including but not limited to the Contractor choosing not to either reserve one or more outstanding claims in accordance with Exhibit "H" - General Terms and Conditions, Section 11 - Claims and Disputes for final and fully binding determination as set forth in (3)(b) above, or to fully waive, release and acknowledge satisfaction as set forth in (4) above, the Contractor shall have no right to any payment whatsoever under this Article. Notwithstanding the Contractor's election or non-election of the "incentive payment" under this provision, the disincentive provision applies to all circumstances where the work in the Contract is not finally accepted by the Allowable Contract Time. Completion and acceptance of the Contract for purposes of this Article shall be in accordance with Exhibit "H" - General Terms and Conditions, Section 20 - Completion. Should the Contractor fail to complete the Contract on or before expiration of the Allowable Contract Time, as adjusted in accordance with Exhibit "H" - General Terms and Conditions, Section 9 - Contract Time and Time Extensions, the County shall deduct liquidated damages for each calendar day completion exceeds the Allowable Contract Time, from the monies otherwise due the Contractor. The term "Allowable Contract Time" as used in this Article shall mean the Original Contract Time plus adjustments pursuant Exhibit "H" - General Terms and Conditions, Section 9 - Contract Time and Time Extensions. This deduction shall be the disincentive for the Contractor's failing to timely complete the Contract. Liquidated damages remain in effect and is applicable in accordance with Section 5 of the Construction Agreement. In the event the Contractor elects to exercise this "incentive payment" provision, should this provision conflict with any other provision of the Contract, the Contract shall be interpreted in accordance with this provision. 14. Indian Preference On Federal-aid Projects Provision excluded from this contract. 15. FHWA-1273 (Florida Department of Transportation Policy) Required Contract Provisions Federal-Aid Construction Contracts Required Contract Provisions Federal-Aid Construction Contracts I. General II. Nondiscrimination III. Nonseqreqated Facilities IV. Payment of Predetermined Minimum Waqe V. Statements and Payrolls VI. Record of Materials. Supplies. and Labor VII. Sublettinq or Assiqninq the Contract VIII. Safety: Accident Prevention IX. False Statements Concerninq Hiqhway Proiects X. Implementation of Clean Air Act and Federal Water Pollution Control Act GC-CA-I-30 16813 XI. Certification Reqardinq Debarment, Suspension Ineliqibility, and Voluntary Exclusion XII. Certification Reqardinq Use of Contract Funds for Lobbyinq Attachments Employment Preference for Appalachian Contracts (included in Appalachian contracts only) GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: . Section I, paragraph 2; . Section IV, paragraphs 1, 2, 3, 4, and 7; . Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of $1 0,000 or more.) GC-CA-I-31 16813 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. a. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. a. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. GC-CA-I-32 16813 b. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. c. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. d. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. a. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) b. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. a. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. b. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. GC-CA-I-33 16 B 13 c. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. a. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. b. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. c. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. a. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. b. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. c. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent GC-CA-I-34 16813 recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. a. Disadvantaged business enterprises (DB E), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. The records kept by the contractor shall document the following: 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; 3. The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and 4. The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the GC-CA-I-35 16813 contract work. This information is to be reported on Form FHWA-1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal-aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) General: All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached GC-CA-I-36 16813 hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. a. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 1. Classification: The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. a. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the construction industry; 3. the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and 4. with respect to helpers, when such a classification prevails in the area in which the work is performed b. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an GC-CA-I-37 16813 authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. c. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary d. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 2. Payment of Fringe Benefits: Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. a. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 3. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the GC-CA-I-38 16813 contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. a. Trainees: 1. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. 2. The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. 3. Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman- level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the GC-CA-I-39 16813 trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuanttothe conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 4. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. GC-CA-I-40 16813 6. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which helshe is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 7. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for hislher unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 8. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. v. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) o. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. GC-CA-I-41 16813 1. Payrolls and Payroll Records: Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. a. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1 (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. b. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. c. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no GC-CA-I-42 16813 deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. d. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. e. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. f. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR O. On all Federal-aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. a. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. b. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1 b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 1. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT O. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified GC-CA-I-43 16813 elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. a. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 1. The contract amount upon which the requirements set forth in paragraph 1 . of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 2. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 3. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION O. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 1. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under GC-CA-I-44 16813 construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 2. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." GC-CA-I-45 16813 X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: o. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 1. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 2. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 3. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION o. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal-aid contracts - 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. a. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. b. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant GC-CA-I-46 16813 knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. c. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. . The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. f. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. GC-CA-I-47 16813 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Primary Covered Transactions 10. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-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 a 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; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1 b of this certification; and d. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 11. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) I. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. m. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. n. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. o. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. GC-CA-I-48 16813 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. p. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. q. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. r. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non-procurement List. s. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. t. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. ***** Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions: 21. The prospective lower tier participant certifies, by submission of this proposal, 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. 22. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING GC-CA-I-49 16813 (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) o. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. a. 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 Federal 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. 1. 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 31 U.S.C. 1352. Any person who fails to file 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. 2. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only) 3. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: To the extent that qualified persons regularly residing in the area are not available. a. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. GC-CA-I-50 16813 b. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph 1 c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 4. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 5. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 6. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 7. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 16. Liquidated Damages See Construction Agreement, Section 5B. Contract Time and Liquidated Damages, Collier County Contract - See attached contract section pages GC- CA. 17. Local Hiring Preference Provision excluded from this contract. 18. Lobbying Certification (Florida Department of Transportation Policy) "The undersigned hereby certifies, to the best of his or her knowledge and belief, that: (a)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 either directly or in-directly an officer or employees of any state or federal agency, a GC-CA-I-51 16813 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 any cooperative agreement, and the extension, continuation, renewals, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (b) 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, and 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-L "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients 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 the transaction imposed by section 1352, title 31, US Code. Any person(s) who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure." 19. Award and Execution of Contract (Method of construction (or method of bidding). See Section 12, Part B. Instruction to Bidders, 12.2. - See attached contract page GC-IB-5 highlighted. 20. Non-collusion Provision (Florida Department of Transportation Guidelines) The undersigned hereby certifies, to the best of his or her knowledge and belief, that on behalf of the person, firm, association, or corporation submitting the bid certifying that such person, firm association, or corporation has not, either directly of indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action, in restraint of free competitive bidding in connection with the submitted bid. Failure to submit the executed statement as part of the bidding documents will make the bid non-responsive and not eligible for ward consideration. 21. Owner Force AccounUCost Effective Justification Provision excluded from this contract 22. Patented/Proprietary Materials Provision excluded from this contract 23. Prevailing Minimum Wage GC-CA-I-52 16 a 13 For this contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Number(s) FL, as modified up through ten days prior to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the United States Department of Labor website(www.wdol.gov) and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. General Decision Number: FL080039 02/08/2008 FL39 Superseded General Decision Number: FL20070039 State: Florida Construction Type: Highway Counties: Brevard, Collier, Hernando, Hillsborough, Lee, Manatee, Martin, Orange, Osceola, Pasco, Pinellas, Polk, Sarasota, Seminole and St Lucie Counties in Florida. EXCLUDING CAPE CANAVERAL AIR FORCE STATION, PATRICK AIR FORCE BASE, KENNEDY SPLACE FLIGHT CENTER AND MELABAR RADAR SITE HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, & railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; & other major bridges. Modification Number Publication Date o 02/08/2008 * SUFL 1993-01208/01/1993 Rates Fringes BRICKLAYER (Manhole).............$ 9.02 CARPENTER........................$ 9.71 Concrete Finisher................$ 8.91 ELECTRICIAN......................$ 13.42 FENCE ERECTOR....................$ 7.75 Form Setter......................$ 7.76 Guardrail erector................$ 7.95 Ironworkers: Reinforcing.................$ 12.37 Structural..................$ 6.60 Laborers: Asphalt Raker...............$ 7.23 GC-CA-I-53 16B13 Pipelayer..................$ 8.01 Unskilled...................$ 6.60 N/A..............................$ 7.34 Painters: Blaster.....................$ 10.72 Power equipment operators: Asphalt Distributor.........$ 7.39 Asphalt Paving Machine......$ 8.23 Asphalt Plant Operator......$ 6.83 Asphalt Screed..............$ 7.68 Backhoe.....................$ 9.00 Boom-Auger..................$ 9.40 Bulldozer...................$ 8.42 Concrete Curb Machine.......$ 8.50 Concrete Groover/Grinder....$ 9.00 Concrete Joint Saw..........$ 9.97 Concrete Mixer Operator.....$ 6.63 Concrete Paving Finish Machine.....................$ 8.50 Concrete Pump Op............$ 13.00 Crane, Derrick, or Dragline.$ 11.53 Earthmover..................$ 7.78 Fork Lift...................$ 7.63 Front End Loader............$ 8.00 Gradall.....................$ 8.76 Grade Checker...............$ 6.60 Guardrail Post Driver.......$ 10.78 Mechanic....................$ 9.52 Milling Machine Grade Checker.....................$ 7.03 Milling Machine.............$ 8.76 Motor Grader................$ 9.54 Mulching Machine............$ 6.70 Oiler, Greaseman............$ 7.21 Pavement Striping Machine. ..$ 11.04 Paving Striping Machine Nozzleman...................$ 7.50 Piledriver Leadsman.........$ 9.75 Piledriver Operator.........$ 10.82 Power Subgrade Mixer........$ 7.63 Rollers: Finish....................$ 7.24 Rough......................$ 6.70 Self-Prop., Rubber Tire....$ 7.01 Scraper.....................$ 7.33 Sign Erector................$ 13.27 GC-CA-I-54 16 B 13 Small tool..................$ 7.33 Tractors: 80 HP or less..............$ 6.60 Light......................$ 6.76 Over 80 HP.................$ 10.62 Trenching Machine...........$ 8.00 Widening Spreader Machine...$ 7.52 Traffic Controller TRAFFIC CONTROL SPECIALlST..$ 7.15 TRAFFIC SIGNALIZATION: Installer..................$ 9.70 Mechanic...................$13.25 Truck drivers: Lowboy......................$ 8.02 Multi-Rear Axle.............$ 6.97 Single Rear Axle............$ 6.70 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter GC-CA-I-55 16813 * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, NW. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, NW. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, NW. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 24. Progress Payments See Exhibit H, Article 4. Progress Payments, Collier County Contract- See attached contract section pages GC-CA-H. 25. Prohibition Against Convict Produced Materials GC-CA-I-56 16813 (Florida Department of Transportation Guidelines) Source of Supply-Convict Labor (Federal-Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal-aid highway construction projects unless the prison facility has been producing convict- made materials for Federal-aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, b convicts on Federal- aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal-aid highway construction projects to: (1) materials produced by convicts 0 parole, supervised release, or probation from a prison or, (2) materials produced in a qualified prison facility. The amount of such materials produced for Federal-aid highway construction during any 12-month period shall not exceed the amount produced in such facility for use in such construction during the 12-month period ending July 1,1987. 26. Public Agencies in Competition with the Private Sector The County does not allow other Public Agencies to compete with or bid on construction projects against the private sector. 27. Publicly Owned Equipment The County does not allow Contractors the use of publicly owned equipment. 28. Records Retention Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for proper audit of costs. If any litigation, claim or audit is started before the expiration of the five (5 year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. GC-CA-I-57 16 B 1 ~ Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 29. Salvage Credits Provision excluded from this contract. 30. Standardized Changes Conditions Contract Clauses - Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost andlor time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. GC-CA-I-58 16813 (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 31. Standard Specifications and Plans See Exhibit M, Plans and Specifications, Collier County Contract 32. State Preference Provision are excluded from this contract. 33. State/Local Owned/FurnishedlDesignated Materials Provisions are excluded from this contract. 34. Subcontracting See Exhibit H, General Terms and Conditions, Section 33. Subcontracts, Collier County Contract - See attached contract section pages GC-CA-H. 35. Termination of Contract GC-CA-I-59 16 B 13 See Exhibit H, General Terms and Conditions, Section 18. Termination for Default and Section 19. Termination for Convenience and Suspension, Collier County Contract - See attached contract section pages GC-CA-H. 36. Time Extensions See Exhibit H, General Terms and Conditions, Section 9. Contract Time and Extensions, Collier County Contract - See attached contract section pages GC-CA-H. TITLE VI (See LAP Manual Chapter 16 Section 16.3 items 5 & 6) The Sub-recipient or Contractor, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 200d to 200d-7 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, disability in consideration for an award. While performing this contract, the contractor - for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") - agrees to the following: 1. Compliance with Regulations: The contractor will comply with the Regulations on nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation ("USDOT") Title 49, Code of Federal Regulations, Part 21. The recommendations may be amended from time to time, (from here on referred to as the Regulations). They are incorporated here by reference and made a part of this contract. 2. Nondiscrimination: In work performed during the contract, the Contractor will not discriminate on the grounds of race, color, or national origin in the selection and holding of subcontractors. This includes obtaining materials and leases of equipment. The contractor will not participate either directly or indirectly in the~discrimination prohibited by section 21.5 of the Regulations. This includes employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, the contractor will inform each potential subcontractor or supplier of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. The solicitations includes obtaining materials or leases of equipment, GC-CA-I-60 16813 4. Information and Reports: The contractor will provide all information and reports required by the Regulations or directives. It will also permit access to its books, records, accounts, other sources of information, and its facilities that are determined by the (Recipient) or the (Name of Appropriate Administration) to be important to ensure compliance with such Regulations, orders and instructions. In some cases, another entity possesses the information required of a contractor and refuses to give the information. Here, the contractor will confirm the lack of information with the (Recipient), or the (Name of the Administration) as appropriate, and will explain its efforts to obtain the information. 5. Sanctions for Noncompliance: In the event that the contractor does not comply with the nondiscrimination provisions of this contract, the (Recipient) should enforce contract sanctions as it or the (Name of Appropriate Administration) may determine to be appropriate. Sanctions may include, but are not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor should include the terms of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued modifying the Provisions. The contractor will take action with on any subcontract or procurement that the (Recipient) or the (Name of Appropriate Administration) directs in order to enforce provisions including sanctions for non-compliance. However, if a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the contractor may ask the (Recipient) to enter into such litigation to protect the interests of the (Recipient). Also, the contractor may ask the United States to enter into such litigation to protect the interests of the United States. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities GC-CA-I-61 16813 1 A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause. 2 Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. GC-CA-I-62 16813 EXHIBIT J TECHNICAL SPECIFICATIONS GC-CA-J-1 16813 EXHIBIT K PERMITS GC-CA-K-1 16813 EXHIBIT L STANDARD DETAILS GC-CA-L-1 16813 EXHIBIT M PLANS AND SPECIFICATIONS GC-CA-M-1 16813 EXHIBIT N CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT GC-CA-N-1 "' c '" E '" > o 6- E '" c. 13 "' ~~ ~ OJ '?--' "'>> o OJ '"' " 9~ "'CL '" m (!) C '" "0 o (!) m '" ':;: .c " "S --' E OJ CL :5, ;;; 0' rt ...J ;!: o I- I- VI e U I- Z ::> I- Z ::> ~ o w Cl z ..: :r u 0:: w I- ~ Vi" C '" E " o o "0 U ~ C o o W ~ I- '" ..: c. I- C (/) "m 0:: C W "m I- E ~ "0 ~cn ~ _:l; <OW '" ~ t: .~ c: a::: I- 0 oUU rt .- w u :>au:~ Hg:~5 Oo:::...Jl-Q.. -<e<Cl.l..O ECLffio~ 2wzwu -l-wU ~~t.?z~ '" ~<Zl-- z'= C:WCDW:::::! 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"'tovo'x..c:=:o c....................Wuor-'. .2EoEt> W{I)ucb -'- W.- C]) > _ co ~-@C-gCovba.; 0>._ c._ c ENe _ ~~8~8~g8~ "" iii "' o a. "' 'C '" "0 " <3 .~ 2 't' .3 OJ :c OJ '" '" ~ I"- ~ OJ ~ '" o o o oj W " "" ~ Cl iii w VI ..: In --' ..: l- e I- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16814 Print on pink paper. Attach to original document. Original document~ ~hOllld be hand delivered 10 the Board Ot1lcc. The cornpldcd routing slip and original documents arc 10 be forwarded to the Board Office only after the Haeud has taken action on the item 'j ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infomlatitlll needed. If the document is already complete with the exception of the Chairman's signature, dmw a line through routing lines #1 thrOll,11 t14, complete the checklist, and forward 10 Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routino order) 1. 2. 3. 4. Jeffrey A Klatz10w, County Attorney County Attorney JAK 12-8-08 5. Sue Filson, Executive Manager Board 0 r County Commissioners ( V"j(e- lJ'~' ~~fLJ(.~.A ) l ..J /OIlQ-'" '- 6. Minutes and Records Clerk of Court's Office ~,,? v PRIMARY CONTACT INFORMATION a-\"\o'l (The primary contact is the holder orthe original document pending Bee appl"Ov;l1. Nomlally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in tile event one of the addressees above, including Sue Filson, need to contact stalffor additional or missing information. All original documents needing the Bee Chairman's signature are tu be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Diana DeLeon, Contract Technician Phone Number 252-8375 Contact Purchasing Dcpt. Agenda Date Item was 12-2-08 Agenda Item Number 16.B.14 Approved by the BCC Type of Document Assumption Agreement Number of Original Two Attached Documents Attached I. INSTRliCTlONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro fiate. 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 Bee Chairman and Clerk to the Board and possihly State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other artics exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ufthe document or the final negotiated contract date whichever is applicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing shp should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions arc nullified. Be aware of your deadlincs~ The document was approved by the BCC on 11-18-08 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Jicable. Yes (Initial) JAK N/A(Not A licable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK [: Fomlsl County Formsl Bee Forms! Original Documents Routing Slip WWS Origill;]1 903.04, Rcvi~(;d 1?C)'(l5, Revised 2.24.0') 08-PRC-0 1044/2 16814 MEMORANDUM Date: December 10, 2008 To: Diana DeLeon Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Assumption Agreement: Vulcan Material Company Attached, please find one original as referenced above (Agenda Item #16BI4) approved by the Board of County Commissioners on Tuesday, November 18,2008. The Minutes and Records Department has kept one of the original documents for the Board's permanent records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures ASSUMPTION AGREEMENT 16814 This Assumption Agreement is made and entered into as of p,., (' " ... 0,,-r :2 ~008, by and between Vulcan Materials Company ("Vulcan"), and Collier County, a political ~ubdivision of the State of Florida ("County"). WHEREAS, on October 9, 2007, the Collier County Board of County Commissioners entered into Agreement 07-4167 for "Purchase of Lime Rock and Fill Material, Fixed Term Contract" with Florida Rock Industries, Inc. (attached hereto as Exhibit A, and hereinafter referred to as the "Agreement"); and WHEREAS, Vulcan hereby represents to Collier County that by virtue of an asset purchase agreement, Vulcan is the successor in interest to Florida Rock Industries, Inc. in relation to the Agreement; and WHEREAS, the parties wish to formalize Vulcan's assumption of rights and obligations under the Agreement, effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: I. Vulcan accepts and assumes all rights, duties, benefits, and obligations of the Contractor under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 3. Notice required under the Agreement to be sent to Supplier shall be directed to: SUPPLIER: Vulcan Materials Company 14341 Alico Road Fort Myers, FL 33913 Attention: Alan N. Orvin, District Sales Manager 5. The County hereby consents to Vulcan assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The County will treat Vulcan as the Contractor for all purposes under the Agreement. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement, effective as of the date first above written. I FOR COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk ~~~i~ '",^tt~P'\Y ~ InIM , " , , ~ "'. f. ," "'.'.,, "Y."~\ ,<.,o/ti",1 {1 ~ ~ 1 '4~':"""""''''', ~",.oI!\.'t ~ ' oJ'! 'f. FOR ViJJL(:AN MATERIALS COMPANY: By: ~/2)~ Alan N. Orvin, District Sales Manager Date: /1- jLj-{) X Approv and legal sufficiency: 16914 BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA ../ Attest: Corporate Secretary Date: /1-/'1-0'</ 2 Bid No 07-4167 "Purchase of lime tCk & Fiil Material, Fixed Term Contract" . 16B ,," Co~r County ~ COLLIER COUNTY GOVERNMENT CONTRACT INSURANCE REQUIREMENTS TYPE LIMITS ICheckl X Workers' Compensation Statutory limits of Florida Statutes 440 and Federal Government Statutory limits and Reauirements X Emolover's liability X $500,000 $1,000,000 Commercial General liability $500,000 per occurrence X $1,000,000 per occurrence (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Business Automobile $500,000 per occurrence X $1,000,000 per occurrence Insurance bodiiy injury and property bodily injury and property damaae damane Pollution liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodiiy injury and property bodily injury and property damaae damaae Builders Risk Insurance OWNER Will Purchase-Reolacement Cost- All Risks of loss I I INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligati on shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be avaiiable 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 Countv. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE-The "Certificate Holde~' should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be accentable. Thirty (30) Days Cancellation Notice required on Agreements. The contract name and number shall be included on the certificate of insurance. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial Generalliabilitv and/or Airoort liabilitv where renuired. BIDDER'S AND INSURANCE AGENT STATEMENT: We understand the insurance requirements contained in these specifications, and that the evidence of said insurance may be required within five (5) business days of the award of bid. Bidder Insurance Agency Signature of Bidder Signature of Bidder's Agent 11 Bid No 07-4167 "Purchase of Li'ROCk & Fill Material, Fixed Term contract'- 16814 ot/~/JJf{L- THIS SHEET MUST BE SIGNED BY VENDOR Board of County Commissioners Collier County, Florida Purchasing Department BIDDERS CHECK LIST IMP 0 R TAN T: Please read carefully, sign in the spaces indicated and return with your bid response. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Any addenda have been signed and included. 9. The mailing envelope has been addressed to: Purchasing Director Collier County Government Center Purchasing Building "G" 3301 East Tamiami Trail Naples, Florida 34112 10. The mailing envelope must be sealed and marked with: . Bid Number . Bid Title . Opening Date 11. The bid will be mailed or delivered in time to be received no later than the specified openinq date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Florida Rock Industries Ine Comp~ame P/ / ZJ~ //rr(...~ ~^. Signature & Title / ~ - , f -c' Date ~'-b\\ ~ 12 Bid No 07-4167 "Purchase of lim.OCk & Fill Material, Fixed Term contracre 16B14 BID RESPONSE FORM FROM: Florida Rock Industries Inc Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: BID No. 07-4167 -- "Purchase of Lime Rock and Fill Material, Fixed Term Contracf' Dear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the furnishing of lime rock and fill material as per the attached specifications. The Bidder further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Bidder proposes and agrees, if this Bid is accepted, to contract with the County furnish work in full, in complete accordance with the attached specifications, according to the following unit prices: Any discounts or terms must be shown on the Bid Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than 15 days payment be offered. Prompt Payment Terms: 0 % Days; Net 2!L Days Addenda received (if applicable): #1 #2 #3 Bid continued on next page.... 13 Bid No 07-4167 "Purchase of Limtock & Fill Material, Fixed Term Contract" . 16814 BID RESPONSE (Continued) PICKUP PICKUP LOCATIONS DESCRIPTION PER CU. YO PER TON Lime rock, Uncrushed $ $ N/A Sunniland Mine Loaded into Vehicles Highway 29 $10.75 Sunniland Lime rock, Crushed $ Loaded into Vehicles Stabilizer $ $ N/A Fort Myers Quarry 14341 Alico Road Rock #89, 3/8" $ $16.40 rare Myers, ~'L 33913 " " Rock #57, Y:z" - Yo" $ $15.80 Rip-Rap (6"-12") $ $ N/A " " Screenings $ $14.00 Sand Fill $ $ N/A Sunniland Mine Highway 29 Sunniland Overburden Fill $ $5.75 Witherspoon Mine 11655 w SR78 Moorehaven, FL 3347/..1 $ $ B. 65 asonry Sand Alternate Bid Item Unit Cost Deposit for Transponder Each $ N/A Bid continued on next page. . . . . . . . . . 14 Bid No 07-4167 "Purchase of Lim.l,ck & Fill Material, Fixed Term Contract" . LOCATIONS BID RESPONSE Continued) DELIVERED DESCRIPTION PER cu. YO 16B14 PER TON $ NIl'. $ NIl'. $ NIl'. Lime rock, Uncrushed $ Loaded into Vehicles Delivery: Days ARO $ NIl'. Lime rock, Crushed $ Loaded into Vehicles Delivery: Days ARO $ NIl'. Stabilizer Delivery: $ Days ARO $ NIl'. Rock #89, 3/8" Delivery: $ Days ARO $ NIl'. Rock #57, y," - y.," $ Delivery: Days ARO $ NIl'. Rip-Rap (3" - T') $ Delivery: Days ARO $ NIl'. Screenings Delivery: $ Days ARO 15 Sand Fill Delivery: $ Days ARO Overburden Fill Delivery: $ Days ARO Bid continued on next page. . . . . . . Bid No 07-4167 "Purchase of lim.ock & Fill Material, Fixed Term contracre 16814 BID RESPONSE CONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Bid Response be accepted, to execute the form of contract and present the same to the County Purchasing Director for approval within fifteen (15) days after being notified of the awarding of the Contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 13th day of August, 2007 in the County of Lee, in the State of Florida Florida Rock Industries Inc Firm's Complete Legal Name 14341 Alico Road (Address) Fort Myers. FL 33913 (City, State, ZIP) Phone No. 239-454-2831 Fax No. 239 4~4 6146 By: Alan N Orvin/ ~<:) Typed and Written Signature District Sales Manaqer Title Check one of the following: o Sole Proprietorship CI [)?'Corporation or P.A. State of r t..- O limited Partnership o General Partnership .....**..****************'it****************************************"'***********"'*********"'*************** ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) Contact Name Jeanne Hodqe Title A/R Supervisor Florida Rock Industries Inc (Company Name used as Payee) PO Box 102835 (Address) Atlantal FA 30368-2835 (City State ZIP) Phone No. 904-735-1781 Ext 380 FAX No. 904-791-1821 Email address:JeanneH@flarock.com Office Servicing Collier County Account /Place Orders/Request Supplies (REQUIRED ONLY if different from above) 14341 Alico Road (Address) Contact Name Nicole Berry Tille Sales Associate Phone No. FAX No. Email Add ress: Fort Myersl FL 33913 (City, State, ZIP) 239-454-2831 239-454-6146 nicoleaberry@aol.com NOTE: If you choose to Bid, please submit an ORIGINAL and ONE COPY of your Bid Pages. 16 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 Pl3~ o/~I!t~ yt~ yt~ 3301 East Tamiami Trail. Naples, Florida 34112 - 4977 (239) 252-8097 . Fax (239) 252-3602 16815 December 2, 2008 Lee County Board of County Commissioners Old Lee County Courthouse 2120 Main Street, Fort Myers, Florida 33901 Dear Commissioners: This letter is to express our interest in working with your Transit Department to establish a route connecting Lee and Collier County Transit systems. On December 2, 2008, Collier County Board of County Commissioners took Board action to show their support for a transit connection linking Collier County with Lee County. Lee and Collier County Transit staff have had preliminary discussion regarding route alignment and the estimated cost to operate. A proposed route running south along US 41 from Coconut Point Mall to Immokalee Road/North Collier Hospital, where the route could travel east to Creekside Way following Creekside back to US 41, is being considered with the following observations: . The proposed Route could connect with Routes I A & 1 B providing an alternative transfer location for riders coming from or going to Lee County. LeeTran will adjust schedule accordingly. . The proposed Route will operate days and times when connections between systems are possible including limited Sunday service. . Both Lee and Collier transit systems will be responsible for the development, operation and maintenance of bus shelters and passenger amenities within their jurisdiction. Coordination with both local boards would be required to finalize this service cormection. An inter- local agreement would be required to operate the service which would include, but not limited to, the following operational aspects: . Vehicles - Agreement will identifY what vehicle type, including spares will be operated on the route. LeeTran agrees to operate a smaller vehicle with no advertisement when possible. . Funding - Capital and operating expenses will be identified, including sources of funds. 16815 . Shelters - ~~h transit system will be responsible for the development, operation and maintenance of bus shelters and passenger amenities. Both systems will coordinate to post bus stop information along the route. . Fares - Establishment of fare structures and passes. It is recommended that both jurisdictions charge the same fare for this route. Additional coordination would be needed on honoring passes. . ADA Paratransit Service - Agreement that each jurisdiction's system will be responsible for trips based on where they originate. . Performance Measures and Criteria for Success - Each jurisdiction will be required to report on perfOlmance measures for the established route in order to meet the service development grant requirements. . Branding/Outreach - Each jurisdiction should coordinate marketing of the established route including developing informational materials and branding the service in order to promote ridership. We recommend that both systems run an independent bus for this proposed route so that each jurisdiction can begin the service on its own time frame. This will enable both transit systems to report through the National Transit Database the passenger boardings and vehicle revenue miles data to insure continued Federal funding. The community will be better served with 2 buses running this proposed route. Collier County looks forward to working with you on this Transit connection. S;'JI>A- < Tom Henning, Chairman Collier County Board of County Commissioners cc: Commissioner Fiala, Vice Chairman, District I Commissioner Halas, District 2 Commissioner Coyle, District 4 Commissioner Coletta, District 5 10 BeL . ORIG. INAL DOCUMENTS CHECKLI. ST .&. R. OUTING SLIP .t/. f TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ?::]l(fj 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 i~~f~:~)d routing slip and original documents are to be forwarded to the Board Office only after the Board halao alfnln 6 ROUTING SLIP , . . .' Complete routing lines #1 through #4 as appropriate for additional signatures, dates, a,nd/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 toAddressee(s) Office Initials Date (List in routing order) I. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is tlJe person whocreatedlprepared the executive summary. Primary contact information 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 Chairmari's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Margaret Bishop Contact Agenda Date Item was 12/2/08 Ap roved by the BCC Type of Document Attached 6. Minutes and Records Clerk of Courts Office PRIMARY CONTACT INFORMATION Phone Number. Agenda Item Number Agreement Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is appro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. sighed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly State Officials.) All handwritten strike"throughand revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final negotiated contract date whichever is a plicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/2/08 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 WWS Original 9.03.04 I. 2; 3. 4. 5. 6. (239) 252-5857 l6B 16 Yes (Initial) N/A (Not A licable) ?N~ ?1tt{t1 /Jv{'!l. Pvl'tl ~~ 1Nt~. Item #1681612-2-08 Agmt. w/Naples Lakes Country Club HOA Page lofl Ann P. Jennejohn 16816 From: BishopMargaret [MargaretBishop@colliergov.net] Sent: Tuesday, January 27,20099:25 AM To: Ann P. Jennejohn Subject: RE: Item #16B1612-2-08 Agmt. w/Naples Lakes Country Club HOA Hello Ann, I spoke with Jeff Klatzkow and he said we did not need the witness signatures. Yes it needs to be recorded. Thank you, Margaret A. Bishop, P.E. Senior Project Manager Stormwater Management Section 2885 South Horseshoe Drive Napies, FL 34104 (239) 252-5857 (phone) (239) 252-6050 (fax) From: Ann P. Jennejohn [mailto:Ann,Jennejohn@collierclerk.com] Sent: Tuesday, January 27, 2009 9:13 AM To: BishopMargaret Subject: Item #16B16 12-2-08 Agmt. wjNaples Lakes Country Club HOA <<Item #16B16 12-2-08 BCC Mtg..pdf>> Hi Margaret, We have your agreement between the County and the Naples Lakes Country Club HOA in our office and I had two quick questions for you. 1. Does it matter that on page 4 (of 4) there are no witness signatures? 2. Agreements withe County are often recorded. Would you like this document recorded? Please get back to me when you have a free moment. Thank you, have a good one! Ann Clerk to the Board Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.j ennej ohn@collierclerk.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this a,/jice by telephone or in writing 1/27/2009 4254570 OR: 4422 PG: 2884 RECORDBD in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/27/2009 at 10:27AK DWIGHT E. BROCK, CLERK EXT 8406 REC FBB 35.50 COPIES 4.00 Retn: CLERK TO THE BOARD 16B 16 rDOFFICE_ 4TH nOOJR THIS AGREEMENT is made and entered into this ~day of ~ , 2008 by and between NAPLES LAKES COUNTRY CLUB HOMEOWNERS ASSOCIATION, INC., a Florida corporation (hereinafter "Association"), whose mailing address is 4784 Inverness Club Drive, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. AGREEMENT WHEREAS, County is enhancing two parcels ofland totaling 109.3 acres in Sections 9 and 15, Township 50 South, Range 26 ~ast, in Collier County, Florida as mitigation of the Lely Area Stormwater Improvement Project; and WHEREAS, the enhancement consists of treatment of exotics, supplemental planting of selected wetland areas and long term maintenance; and WHEREAS, the County also desires to improve the property to include a pathway, parking facility, observation platform and vegetation management plan; and WHEREAS, at the request of Association, County agrees to fund the installation of a 6- foot chain link fence, decorative fence, shrub or a combination of fence and shrub a distance of 3000 linear feet on the northern end of Association's property. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. The Association shall install and maintain a 6-foot chain link fence, decorative fence, shrub or a combination of fence and shrub a distance of 3000 linear feet on the northern end of Association's property. 2. The Association shall be responsible for obtaining all required permits for the installation of the fence, decorative fence, shrub or a combination of fence and shrub prior to commencement of installation of the fence, decorative fence, shrub or a combination of fence and shrub. 3. The County will pay the Association upon completion of the fence, decorative fence, shrub or a combination of fence and shrub installation in accordance with the following: A. The County shall pay the Association the actual cost of the fence, decorative fence, shrub or a combination of fence and shrub up to the sum of $47,500. Said reimbursement shall be made within thirty (30) days of receipt and approval by the County of appropriate verification as stated below. Page 1 of 4 OR: 4422 PG: 2885 16816 B. The Association or its designee, shall: (a) provide the County copies of all invoices or other documentation for approval. Payment( s) shall be approved upon satisfactory review by the County. (b) provide a letter from the Association, signed by the President, stating that the fence, decorative fence, shrub or combination of fence and shrub has been installed to the satisfaction of the Association and requesting the County to reimburse the Association for the invoice( s) for purposes specified in paragraph 1. In no way shall the amount to be paid exceed $47,500. C. The Association shall obtain at least three (3) written price quotes from vendors qualified in installing chain link fences, decorative fences, and/or shrubs and shall select its preferred top three (3) quotes based upon price, reputation ofthe vendors and other relevant criteria. The Association will accept the written quote provided by the lowest bidder of the top three (3) quotes selected by the Association. D. Association will provide copies of the written price quotes to County upon submission of its final billing documents following installation of the fence and/or shrub(s). County shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. Association agrees to disclose any relationship between Association and the subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors, shareholders and/or members. 4. Association shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. Association agrees that the County, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final paymFlnt under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of the Association involving transactions related to this Agreement. 5. Association shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. 6. County shall not be responsible for maintenance of the fence, decorative fence, shrub or combination of fence and shrub specified in paragraph 1. 7. Association agrees to protect, defend, indemnify and hold the County harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the funds or the selection, purchase, delivery, installation, maintenance or use of the fence by the Association, its agents, employees, members or any third party. 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. Page 2 of 4 OR: 4422 PG: 2886 9. Any notice required by this Agreement shall be addressed to the parties at the addresses set forth below: IF TO THE ASSOCIATION: Naples Lakes Country Club Homeowners Association, Inc. 4784 Inverness Club Drive Naples, FL 34112 16B16 IF TO THE COUNTY: Collier County c/o Margaret A. Bishop, P.E. Stormwater Management Section 2885 South Horseshoe Drive Naples, FL 34104 10. This Agreement shall become effective upon approval by the Collier County Board of Commissioners and shall remain effective for one year. The Association may request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the County may agree by amendment to this Agreement to extend the term for an additional one year. 11. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the day and year first above written. ATTEST: DWIGHT E,. BROCK, Clerk .' ~ 1;~:?Ii'O .......~..... (~.{\ .... C:.". BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Chairman c:. B '".':,. <.," ':~ ': b~ y Clerk A "!'-,' ''(f ) , "Qfi/' .:.': , .... ,IS;. \ .,,.., fI:A.., ,."....~,!i. .,., . '.^," ai;" ,~.!;.' . .''<:f ......, "" JJr.. sU3.nG\fj,~J" Item# llQbliq ~~:da 10 r~Li ~~~d \- a3--lYJ Page 3 of4 1 , *** OR: 4422 PG: 2887 *** 16B16 Witnesses: NAPLES LAKES COUNTY CLUB HOMEOWNERS ASSOCIATION, INC. Sign: By0~~ Vai:vL "J>A}/:&ff L ,e. (i/,AL.sl, , President ' Print name: Sign: Print name: Appr ved as to form and legal uffi e cy: J effre Count Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI} 6 c 1 . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMl\1ISSIONERS OFFICE FOR SIGNATURE Prim on pin!: paper. Altld1 to origillal "~~, Origillal "~m~N sIIou1d be hand delivered to l11e Board Ollie... ~campldod routing !lip lU1d originnJ "~~N", to befutwardt:d.to l11e BoardOtlicl: onlya/le"lbc Board has <:ili:D.actiozI.OI1l11e itom.) . . ... . . . ROUTING SLIP ,'" . . Camplcle nl1Iling Iizu::J 11 t!Imugllll4 as ~ fur addiliaW siguam=, dat=, a:rJIjfor iDromwiOl1 =deL/f l11e "~,;,~;. i.s '"=dy campi... with <he donofthe~'ssi dnw.line t!lmu roulin _#1 tbroa 114, lelel11echeckJi.st; mdfbrward to S....FiJ.soa (Iine#:l). Route to Addressee{s) . Office Initials Date (Li.st ill routin order)',.._ L PRIMARY CONTACT INFORMATION (The primary -- i.s l11e bolder o( <he origiDal "~~~, peuding Bee approval. NonnalIy l11e primary eon= i.s <he pc:son who <=l!I:dIpn:pm:d <lie cxccwive SlUlIIZWY. Primary eon= iDfurmalion is _ ill <lie eVC2l' """ 0( <lie -== llbove, iDclwling S... RlsoD. oced to cpo= sat! fur addilioaal or orissing iDfomwioa. All origiDal documcors ceeding<lle Bce Clairmaa', sill"'lIIte "" 10 be delivered 10 l11e Bee office ouJy after lbc BCe has JICIl:d ID approve !be ia:m.l Name of Primary SlJIff Contact Agenda D~ Item was roved b the BCC Type of Document Altached \.... 2. 3. 4. 5. Sue FIlson. Executive Manager Board of County Commissioners 6. .Minutes and Records Cleric of Coun's Office ,sue.:.Jim ZimmenYl De.c.e.mbcx ~ J QOD5S Inter! 0 c:cJ A ~-h PlOne Number Agenda Item Number Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "'N/ A" in the Not Applicable column. whichever is 1.. Original document has been sigDedfmitialcd for legll! sUfficiency. (All documents to be signed by the Chairman, with the exception of most Jettcrs. must be reviewed ami signed liy the Office of the County AJ1Dmey. This includes signatUre pages from orrIin.n=. r=olutions. etc. signed by the Cannty AJ11Jrney's Offic:e ami signature pages from contracts. agret'"".nts. etc. dIat have been fully executed by all parties except the BCC 0Iairman ami CIc:rk to the Board ami I State Qflicials.) 2. All baIldwritten.strilre-tbrough and revisions have been initialed by the County 4tto=y.' s Office ami all other ardes the BCC Cbainnan and the Clc:rk to the Board 3. The Cbaiopan's signature II:ne date has been entered as the date ofBCC approval of the doc:ument or the final De tiated contract date whichever is Iicable. 4. "Sign here" tabs are placed on the appropriate pages indiC3ting where the Chairman's si ami initials are r 5. In ri10st cases (some contracts are an exception), the original document ami this routing slip should be provided to Sue Filson in the BCC office within 24 00= ofBCC approval. Some documents are time sensitive ami require 'forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The doc:ument was approved by the BCC on (enter date) and all changes made dnriDg the meeting have been incorpo in the attached document. The Coon Attorn's Office bas reviewed the es. if a licable. J5:< - ;}fod- I~ C I 3 Yes N1A(Not (Initial) licable) ~ vO. N .,' l: FonnsI Counsy FonnsI Bee FonnsI OriginllJ Docmncus Rncoztg Slip WWS Original 9.03.04, Revised 1.26.05. Remod 2.24.0' MEMORANDUM Date: December 10, 2008 To: Sue Zimmerman Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Interlocal Agreements with City of Naples and Collier County School District Attached please find three (3) original document, as referenced above (Agenda Item #16Cl), approved by the Board of County Commissioners on Tuesday, December 2, 2008. Please forward for recording and return the fully executed oril!:inal 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 252-8411. Thank you. Attachments (3) 16CZ 16Cl INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of \.Jf'CP mb'.r , 2008, by and between Collier County, a political subdivision of the State of Florida, hereafter referred to as "County," and the City of Naples, a municipal corporation, hereafter referred to as "City." WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, during these events, some incorporated areas are covered as part of the debris recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of Naples; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor, and dispose of debris in these areas; and WHEREAS, the County has a concern that there may be an incident or occasion where FEMA may not reimburse the County for its work and effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows: 1. Term. The term of this annual agreement is from June 1, 2008, through May 31, 2009, and shall automatically renew each year unless terminated as provided herein. 2. Responsibilities. 16Cl A. County. The County agrees to: a. Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; b. County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by FEMA. B. City. The City agrees to: a. Should the City wish to have debris removed that the County has determined to be ineligible for State or FEMA reimbursement, the City agrees to reimburse the County no later than thirty (30) days from the invoice date for the removal not reimbursed and disposal ofthis ineligible debris; b. Should some debris removed from the City be deemed ineligible for reimbursement by the State or FEMA, the City will reimburse the County for the cost of the removal not reimbursed and disposal of this debris no later than thirty (30) days from the invoice date; c. Should FEMA or State not reimburse the County 100% for eligible debris, the City . will reimburse the County for the percentage excluded by the State and FEMA. d. Following a natural disaster, the City will inform Collier County if the City does not wish to have debris removed from the city by the Collier County Waste Management Department. 3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 City: City of Naples Public Works Department - Utility Division 380 Riverside Circle Naples Florida 34102 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. llPlo1 _ _..'___M__._'m____.~_ 16Cl 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: ~'<1~'~, ~- :4,(' 'l\Ju"'...,",C ~~ Approval as to form and legal Sufficiency: / . .'j () \ lii,\ \, . (:)\ Robert D. Pritt, City Attorney ATTEST;,..,. .. DWIQH'tRBR'bCK, CLERK ,,-..,' . v, ~~~~ c' test4~)to.Ch4I,.... I , illA_t......" , ApprovaHts to form and legal Sufficiency: ~Be~ Assistant County Attorney CITY OF NAPLES BOARD OF COUNTY COMMISSIONERS OF COLLIE CO Y, FLORIDA , CHAIRMAN f\debris\interlocal\interlocal agreement debris removal city of naples\lI-3-08 16Gl INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of j)e.Cf'mbe'f , 2008, by and between Collier County, a political subdivision of the State of Florida, hereafter referred to as "County," and the School District of Collier County, Florida, hereafter referred to as "District." WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up only the debris that is reimbursable through the State and Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, after these severe weather events, the District may request debris pick up as part of the County debris recovery effort; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor and dispose of debris in these areas; and WHEREAS, the County has a concern that there may be an incident or occasion where FEMA may not reimburse the County for its work and effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows: I. Term. The term of this annual agreement is from July 1,2008, through June 30, 2009, and shall automatically renew each year unless terminated as provided herein. 2. Responsibilities. 16Cl A. County. The County agrees to: a. Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by the State and/or FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; b. County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by the State and/or FEMA. B. District. The District agrees to: a. Should the District provide written notice to the County to have debris removed that the County has determined to be ineligible for State or FEMA reimbursement, the District agrees to reimburse the County (at the County's actual cost) no later than sixty (60) days from the invoice date for the removal not reimbursed and disposal of this ineligible debris; b. Should some debris removed from the District be deemed ineligible for reimbursement by the State or FEMA, the District will reimburse the County for the actual incurred cost of the removal not reimbursed and disposal of this debris no later than sixty (60) days from the invoice date; c. Should FEMA or State not reimburse the County 100 percent for eligible debris, the District will reimburse the County for the percentage excluded by the State and FEMA. 3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 District: The School District of Collier County Director of Purchasing 5775 Osceola Trail Naples, Florida 34109-0919 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon. 16Cl IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: De~~;~~nt Richard Withers, School Board Attorney "~ ATTEST: .' '0 , .!,~ " DWIGHJ;E. BRoCt<l>CLERK. r{:. ._~'i~~n ~ ~~ AtVst ntl1' 0l.11"NrI s S i Q#is:tl;'r~ ., . Approval as ro:f<5rm and legal Sufficiency: y THE SCHOOL BOARD OF COLLIER COUNTY By: ~dtA ,~ DA ABBOTT, CHAIR BOARD OF COUNTY COMMISSIONERS OF COLLI R CO JY, FLORIDA AIRMAN ~6Cl INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this ~ day of DE'I'fmm.r , 2008, by and between Collier County, a political subdivision of the State of Florida, hereafter referred to as "County," and the School District of Collier County, Florida, hereafter referred to as "District." WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up only the debris that is reimbursable through the State and Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, after these severe weather events, the District may request debris pick up as part of the County debris recovery effort; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor and dispose of debris in these areas; and WHEREAS, the County has a concern that there may be an incident or occasion where FEMA may not reimburse the County for its work and effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows: I. Term. The term of this annual agreement is from July 1,2008, through June 30, 2009, and shall automatically renew each year unless terminated as provided herein. 2. Responsibilities. J6Cl A. County. The County agrees to: a. Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by the State and/or FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; b. County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by the State and/or FEMA. B. District. The District agrees to: a. Should the District provide written notice to the County to have debris removed that the County has determined to be ineligible for State or FEMA reimbursement, the District agrees to reimburse the County (at the County's actual cost) no later than sixty (60) days from the invoice date for the removal not reimbursed and disposal of this ineligible debris; b. Should some debris removed from the District be deemed ineligible for reimbursement by the State or FEMA, the District will reimburse the County for the actual incurred cost of the removal not reimbursed and disposal ofthis debris no later than sixty (60) days from the invoice date; c. Should FEMA or State not reimburse the County 100 percent for eligible debris, the District will reimburse the County for the percentage excluded by the State and FEMA. 3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 District: The School District of Collier County Director of Purchasing 5775 Osceola Trail Naples, Florida 34109-0919 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon. 16Cl IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: fZ..2A tendent Appro s to form and legal Sufficiency: ;1. . W'p/ Richard Withers, School Board Attorney \ (\,Tt~1;: l'~ ~~ ~..'..~:." . L " At t it:>to Ctl4 ,,..... . 'I, " .:' -:. s i.\ln(\..~"~ on I ' . ....1. ..' Approval as to form and legal Sufficiency: Jennifer A. Belp Assistant County THE SCHOOL BOARD OF COLLIER COUNTY By: ~~ t1r~ DA ABBOTT, CHAIR BOARD OF COUNTY COMMISSIONERS OF COLLIER CO TY, FLORIDA CHAIRMAN ,,': ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160-1 . TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFlCE FOR SIGNATURE i'l:im CD pink papct. Atcld1to origiD:1l ~, 0rigiD:1l rl~m_" 3bDuJd be !wid ddivered. to Il1c Board Office.. Thc-comp/.eb:d routing !lip ",d original d~-" = to ilefocwarded.to Il1c BoatdOflia: onJy!l!!l!:tboBoatdlw t:lkelLaaUm.CIllIl1c item.) . . . .'. .. . '. . . ROUTING SLIP . .... eoa;plooo l'lJItting lines tl tbroaah 114 as ~ far addilicaaI signam=, dates, and/or intixmadon lIC:ded..lt Il1c rl~_~ is .J=dy complcto wilh Il1c 'CD ofll1c""""""". . dn....1ine tbraa lOlIlin lines#llhroa /14, Iclz.Il1c cbccl:Jist; md forward to SIltFiJsal1 (Iino1l5). Route to Addressee(s) . Office Initials Date (Il.tillraulin anlcr)' ';.'" I. 3. 2. 4. 5. Sue FIlson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk: of Court's Office PRIMARY CONTACT. INFORMATION ('!be primary -= is Il1c bolder of Il1c arigiDal dac:lmu:ll, p.....g Bce 'l'proVlll. NamIlI.lly Il1c primary CCIllClCC is tbo peso. woo cre:uodIpropared Il1c =dve summary. Primary cca.racr: iDfarmuiOl1 is uccdt:d ill the evClt ODe of the ~cr::s above. incJuding Sue FUson. aced to c:oa.tu:t SC1ff foraddirioa.a.l or I2:1issius iDfamwioa. All arigiD:1l c!cc:um=lS nc:cdini'" Bce CIuIir-m;m', nglll1lUnl "" to bc delivered. lD Il1c Bee office only oilor... Bee Iw aCII:d lD IpplOVcll1c item..) Name of Primary SbJif ConlaC! Agenda Date Item was ved b the ECC Type otDocumcm .A "',.hed 8ue;.,0lm i(1)fYI . d.) d.Co~ Pllone Number Q :1~ ~b;l~ ) J Agenda Item Number Number of Original Documents AtlaChed I INSTRUCTIONS & CHECKLIST InitiaI the Yes column or marlc"NJA" in theNOI Applicable column, whichever is Yes N1A(Nol (Initial) licable) 1.. Original .!n.-.,m"!lt has been sigDedl"mitialed fur legal stifficiency. (All documents to be signed by the. Chairman. with the exception of most letters; must he reviewed and signed liy the Office of the County A1mmey. This iIlcludes signalllre pages from ordinances. resolutions. ele.. signed by the County A1mmey's Office and signalllre pageS from 01._ COnlrads. agreemenlll, eu:. that have been fnIly =uted by all parties exceplthe ECC O' (J 0Iairman and CIed: to the Eoatd and I Stale Oflicials.) . . . 2. Alllwldwrittcn.strila:-throagh aDd revisions ba... been initialed by the County A1:rrJrney: s Office and all other atties I the ECC Chairman aDd the Clerlc to the Boatti 3. TheChampn's signalllre line date has been entered as the date ofBCC approval oithe doc:ament or the final no liared contract date wbichever is licable. 4. "Sign here" labs are placed on the appropriate pages indicating where the Chairman' s si' and initials are 5. In most cases (some conttacts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours oiECC approval. Some ~'"'''!ItS are time sensitive and ceqnire forwarding to TaIlah.assee within a certain ' N A time frame or the ECC's actions are nullliied. Be.ware of our deadlines! 6. The doc:ument was approved by lbe Bee on (enter date) and all changes %'. made during the meeting have been Incorpora in the attached docnment. The COUD Attorn's OfliOl has renewed !he os, if a liable.. ~ l'otrmI Couacy _ Bee _ Original Jlocmncm:l Rooting Slip WWS DrigimJ 9.03.04, Revisod 1.26.(}j. R,vesod U4.0~ MEMORANDUM Date: January 28, 2009 To: Sue Zimmerman Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement Between Collier County and the City of Marco Island for Debris Removal Attached is the original document, referenced above (Agenda Item #16Cl), approved by the Board of County Commissioners on Tuesday, December 2, 2008. After recording please return the original to the Minutes and Records Department. If you should have any questions, please contact me at 252-8411, Thank you. ,16Cl 16Cl INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this M ~y of ','o.h 100C(:'-'" 0- Cl.n.\la ~ ' 200f, by and between Collier County, a political subdivision of the State of Florida, herea er referred to as "County," and the City of Marco Island, a municipal corporation, hereafter referred to as "City," WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, during these events, some incorporated areas are covered as part of the debris recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of Naples; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor, and dispose of debris in these areas; and WHEREAS, the County has a concern that there may be an incident or occasion where FEMA may not reimburse the County for its work and effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows: I. Term, The term of this annual agreement is from June 1,2008, through May 31, 2009, and shall automatically renew each year unless terminated as provided herein. 2, Responsibilities, A. County, The County agrees to: a, Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; u"___'__>~"'__'~' ..."~____.,,-__.~_...""_'_ 'i! (,~, '~ ... !. . A. '-'..' \..i./ J, b, County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by FEMA, B, City, The City agrees to: a. Should the City wish to have debris removed that the County has determined to be ineligible for State or FEMA reimbursement, the City agrees to reimburse the County no later than thirty (30) days from the invoice date for the removal not reimbursed and disposal of this ineligible debris; b. Should some debris removed from the City be deemed ineligible for reimbursement by the State or FEMA and their respective formal determination of ineligibility, the City will reimburse the County for the cost of the removal not reimbursed and disposal of this debris no later than thirty (30) days from the invoice date; c. Should FEMA or State not reimburse the County 100% for eligible debris, the City will reimburse the County for the percentage excluded by the State and FEMA. d. Following a natural disaster, the City will inform Collier County if the City does not wish to have debris removed from the city by the Collier County Waste Management Department.' 3, Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 City: City of Marco Island Public Works Director 50 Bald Eagle Drive Marco Island, Florida 34145 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon, 16Cl IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: h~%g AP~O j ~7ffiCienCy: Alan L. Gabriel, City Attorney . .~'?f. C~T/"n ATTEST:'P.."::.,;>", . . , DWIGt:ai~ k ~ (/;1.:.... . . ~'..." '\ , ' .1 . Attest " to a.a ,,..... , Appr<J\t~ll:ffoQtllgnd legal Sufficiency: ~CLh ~ ' '- ...A....) Jennife A. Belpe ~ Assistant County A ey CITY OF MARCO ISLAND By: S ; The City shall have the right to undertake the initial debris removal. at its discretion, upon which the City may apply to FEMA directly for reimbursement. , City Manager BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By @. ~ DONNA FI:U~H~ 16C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . TO ACCOl\1P ANY ALt, ORIGINAL DOCUMENrsSENTTO , . THE BOARD OF COUNTY COl\l!MISSIONERS OFFICE FOR SIGNATURE 'Prlnt OIl pink paper. AttId1 to arigin:!ltf""""'''''t: Origin:!l tf()Mtm...,~ 3houIdbo handdcliveredto, the Board Office.. 'l'hc-complded routing 3lip and original tf"..",.,,~~ are to be. fotwudcd to the Board. 0fIicc only alter tlle .Board has t1i:z:ucnOl1.ontfle it.em..} . , , .,... .. . ,:'::. . " ' , . . .' . , " " ROUTING SLIP ".' "-~.' ':: ". '.~1etc routing lincdltbrcughl4 as appropriao: fol'additilJ1ahi~ dates, andforiafoImatiOllneedcd..Iftbe ~""fis ~c:omplctl: withtbe' " dOll of'the ~'s '. chaw I line lbrou 1'lllIlin lined! thron #4.. lete. the c:hec:klist and fotwardto Sue-FiIsozl (lind5). . " :.: Route to Addressee(s) . Office Initials .' Date (I.i:stinrautin order)' , ..:,.."..... '; , " 1.' .: ..( 3. 4. ,," ?~ ,/' . /./ s. . Sue FIlson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office 1 .. - ~ '. ) l.'RIMARYCONTACT'INFORMATION , (The primary COI1tId: is the bolqer of the original ~pl!llding :ace approwL Non:iw1y the primary COIIl:IC: is rbc pCl30n who ~ rbc executive summ:uy. Primary COIlClCt iD:formatiOIl is needed ill rbc event 0IIe of rbc addre:u=s ahoy", mclw:ling Suo Rlson. .ae:d'to c:pl1tl1Ct sra:ff for addilillllllL or missing int'arm:lIiou. All origiDal ~~""lS needing cbe BCC OWrmml's signarurc:IrC to be dcfivc:ed to lfJc Bee office onty after tbC BCc has adcd to approve the ill:m. ) Name of Primary Staff PI1<Jne Number Contact CLh Agenda Date Item V'ia$ Agenda Item Number roved b the Bce Type of Document Number of Original Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yos column or mark '"NI A" in the No~ApplicablecolUIIlD. whichever is -. . 1.. Originalciocumenth.a$beensigncr:lrmitialedfor legal sUfficiency. (All documents to be signed by the. Chairman, with the exception ofD20st letters; must be reviewed and signed oy the Office of the County AtrtJmey.'This includes si~tui-e pages from ordinances. resolutions, etc. sigaed by the Co~ Attorney's Office and signature pageS from ' contracts, agreements, etc.. that have been falIYexecuted by all parties except the, BCC Chainnanand Clerk to the Board and ssibl State Officials.) 2. All.bandwritten.strike-tilroaghand rcvisigns have been initialed by the County ~y.'s Officcand aU other attics the BCC Chaixman andthc Clerk to the Board 3. The Chainpa.n's signature Iinedatc has been entered as the dateofBCC approval of the document or the final ~ tiated contract date whichever is licable. 4. "Sign here.. tabs are placed On the appropriate pageS indicating where the Chairman's si . and initials arc' , s. In most easCS(somccontracts arc an exception), the original docnment and this routing slip, should be provided to SueFiIson in thcBCCoffice within 24 hours of:BCC. approval. Some documents are time sensitive and require forwaIdiIlg to Ta.lIah.assce within a c,ertain timeframc or the BeC's actions arc nullified. Be aware of our deadlines! o. The docmnent was approved by the BeC on . (enter date) and aU ~es made during the meeting have beenincorporared in eattached docmnenL The. CoUll, Attorn 's Offiahas reviewed the es. if a licabJe. , Y cs N/A (Not (Iniiw) liable) ,0' . 1fr -N/A 1: Foaml Cowu:y~BeCFormsl orlginalDoc:umems Rowing Slip WWS Original 9.03.04. Revised 1.26.05. Re~ 2.24.0$ 16C 1 MEMORANDUM Date: February 26,2009 To: Sue Zimmerman Real Estate Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement Between Collier County and the City of Everglades for Disposal of Debris Attached is the original document, referenced above (Agenda Item #16Cl), approved by the Board of County Commissioners on Tuesday, December 2, 2008. After recording please return the original to the Minutes and Records Department. If you should have any questions, please contact me at 252-7240. Thank you. it 16C INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF EVERGLADES FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this f 3-IA day of Febn~, 2009, by and between Collier County, a political subdivision of the State of Florida, hereafter referred to as "County," and the City of Everglades, a municipal corporation, hereafter referred to as "City." WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, during these events, some incorporated areas are covered as part of the debris recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of Naples; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor, and dispose of debris in these areas; and WHEREAS, the County has a concern that there may be an incident or occasion where FEMA may not reimburse the County for its work and effort. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the parties, the parties hereto agree as follows: 1. Term. The term of this annual agreement is from June 1,2008, through May 31,2009, and shall automatically renew each year unless terminated as provided herein. 16C 1 2. Responsibilities. A. County. The County agrees to: a. Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; b. County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by FEMA. B. City. The City agrees to: a. Should the City wish to have debris removed that the County has determined to be ineligible for State or FEMA reimbursement, the City agrees to reimburse the County no later than thirty (30) days from the invoice date for the removal not reimbursed and disposal of this ineligible debris. The rate charged to the City for debris removal will be no more than the County has been charged by its contractor; b. Should some debris removed from the City be deemed ineligible for reimbursement by the State or FEMA, the City will reimburse the County for the cost of the removal not reimbursed and disposal of this debris no later than thirty (30) days from the invoice date; c. Should FEMA or State not reimburse the County 100% for eligible debris, the City will reimburse the County for the percentage excluded by the State and FEMA. d. Following a natural disaster, the City will inform Collier County if the City does not wish to have debris removed from the city by the Collier County Waste Management Department. 3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 City: City of Everglades Post Office Box 110 Everglades City, Florida 34139 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. 16C 1 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: ~~ legal Sufficiency: , City Attorney " " .... f "-":.} CITY OF EVERGLADES ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ /L___ d44. DO~~~IALA, CHAIRMAN 16Cl MEMORANDUM Date: March 18, 2009 To: Dan Rodriguez, Director Solid Waste Management From: Ann J ennej 000, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement between Collier County and Everglades City for Debris Removal Enclosed you will find a copy of the document referenced above . (Agenda Item #16Cl), approved by the Board of County Commissioners at their meeting held on Tuesday, December 2, 2008. I have also sent Mayor Sammy Hamilton of Everglades City a Certified Copy of the agreement for his records. The original document will be held for the Board's Official Record. If you should have any questions, please contact me at 252-8406. Thank you. Enclosure ~m_. 16Cl MEMORANDUM Date: March 18, 2009 To: Sammy Hamilton, Jr. Everglades City Mayor Prom: Ann JennejoOO, Deputy Clerk Minutes & Records Department Re: Interlocal Agreement between Collier County and Everglades City for Debris Removal Enclosed for your records, please find a certified copy of the recorded document referenced above, that was approved by the Collier County Board of County Commissioners during their meeting held on Tuesday, December 2, 2008. If you should have any questions, please feel free to contact me at 252-8406. Thank you. Enclosure c::::> c::> .... ..-. "'" "'" .... o "'" <>:: '"'" .... C"'-..J~ COt: c:::> :::> C"'-..J 8.... <>:: <>:: .... .... I:I!=I ....::a c:.!) ~ 0 ..... - '"'" - _ c:>.... 00 c:> m.....<>:: m 0"'" - "'" . -- <=> "'" ~~J;-o 0:= .... t.!) ..c;::3I::;t-t ~'""'~ c::> ~ ::z: 0< -.1-1- L-......-. C"'-..J .... .. o c::::> ~ - ~~..... 'I...C) ..... <d C"'-..J 0:: en ~-.....~ <=> ..-. ""'- <=> en <>:: c::::> 0_ 0"'" "'" c::::> "'" 16Cl INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF EVERGLADES FOR DEBRIS REMOVAL THIS INTERLOCAL AGREEMENT is made and entered into this 13iA day of Fe.bn1('4-' 2009, by and between Collier County, a political subdivision of the State of Florida, hereafter referred to as "County," and the City of Everglades, a municipal corporation, hereafter referred to as "City." WITNESSETH: WHEREAS, the Collier County Solid Waste Management Department is responsible for planning and administering the debris recovery and removal operation in the aftermath of a severe weather event; and WHEREAS, during a debris recovery mission, County staff is given the direction to pick up debris that is reimbursable through the Federal Emergency Management Agency, hereafter referred to as "FEMA"; and WHEREAS, during these events, some incorporated areas are covered as part of the debris recovery effort, such as Everglades City, the City of Marco Island, and some portions of the City of Naples; and WHEREAS, several thousands of dollars may be expended by the County to collect, monitor, and dispose of debris in these areas; and <>:: o o ~ WHEREAS, the County has a concern that there may be an incident or occasion where := <=> J;-o ""'- g FEMA may not reimburse the County for its work and effort. "'" :="'" J;-o 0 o ;;:: '-0 NOW, THEREFORE, in consideration of the premises and the mutual covenants and J;-o .... c::::> 0_ .... ::.:: cc: co 0:: <>:: "'" ~ ~ IS 5agreements of the parties, the parties hereto agree as follows: 1. Term. The term of this annual agreement is from June 1,2008, through May 31,2009, and shall automatically renew each year unless terminated as provided herein. 2. Responsibilities. OR: 4433 PG: 2083 16Cl A. County. The County agrees to: a. Following the occurrence of a natural disaster in which Collier County becomes eligible for reimbursement by FEMA for the cleanup and removal of disaster debris, the County will undertake to remove disaster debris from both the unincorporated and portions of the incorporated areas of the county; b. County staff and contractors shall use their best efforts to remove only debris that is eligible for reimbursement by FEMA. B. City. The City agrees to: a. Should the City wish to have debris removed that the County has determined to be ineligible for State or FEMA fi~imbursement, the City agrees to reimburse the County no later than thirty (30) days from the invoice date for the removal not reimbursed and disposal of this ineligible debris. The rate charged to the City for debris removal will be no more than the County has been charged by its contractor; b. Should some debris removed from the City be deemed ineligible for reimbursement by the State or FEMA, the City will reimburse the County for the cost of the removal not reimbursed and disposal of this debris no later than thirty (30) days from the invoice date; c. Should FEMA or State not reimburse the County 100% for eligible debris, the City will reimburse the County for the percentage excluded by the State and FEMA. d. Following a natural disaster, the City will inform Collier County if the City does not wish to have debris removed from the city by the Collier County Waste Management Department. 3. Termination. This Agreement may be terminated by thirty (30) days notice by regular U.S. mail to the parties at the following locations: County: Collier County Board of County Commissioners Solid Waste Management Department 3301 E. Tamiami Trail Naples, Florida 34112 City: City of Everglades Post Office Box 110 Everglades City, Florida 34139 4. Miscellaneous. This Agreement shall be governed and construed under the laws of the State of Florida. *** OR: 4433 PG: 2084 *** 16Cl 5. Entire Agreement. This Agreement is the entire agreement between the parties and contains all the terms agreed upon. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the date first written above. ATTEST: ~~ legal Sufficiency: , City Attorney CITY OF EVERGLADES ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_L~ d4~ DONNA FIALA, CHAIRMAN ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLJ 6 c 2. . TO ACCOl\1PANY ALL. ORIGINAL DOCUMENTS SENT TO . . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE .l'rlnt OIl pink paper. Attu:h to origin:ll-~_r Original_~m_.. 3bouJd be !wid delivered. to <be Bcant Otlice. Thtcompl<ted rowillg ilip ..d original -~-.. "'" to be.tbrwm!ed III <be BozzdOflio:: only ~<be B08Id has llLl:maction.on <be itcm.) . .. . '. '. ROUTINGSLIP . C=plderculinglino:r #L lbmugh#4,. 'P\lRl{lliaO: fiJraddilial2lsignaa=, <lata, 3lIdIorinfcmwiOll_l!the~_;'is alrc>iycomplClO wi'" the lion of<be n..m-", . dnwalin. tbron rowiII lined! tbron 114, Idlo <be cbecklist; md forward toSucFilroD (lincffl. Route to Addressee{s) . Office Initials Date . inrowin anIt:r), "'" L PRIMARY CONTACT. INFORMATION ('!be prim;ry -- is <be balder of <be origiDal dc<:umca, p.....g BCe approvaL Nonimny <be primary COlll:Ia " me pcaon wba c=tcdIprcpucd me cxCC1lliv. SDDIIZZ:Iry. Primary COIUaa: iDiarmarion is nccdcd in lbe event oae: of tbc addressees ~bove. including Sue MIscn. lIeed [Q c:ant1ct staff for <ldditicma.l. or missing iDfctmalioa. All original-=" ocoding!bc Bce Chairm:ul's sigilli""" "" to be delivered. to tile SCC office oaly lIfter!bc BCe has 0Cll:d to approve !bc ill:m..) Name of Primary Staff 1'\1I_ Contact I'~r I Agenda Date Item was ved b the BCe Type of Document Attached ..... 2. 3. 4. 5. Sue FIlson. Executive Manager Board of County Commissioners 6. Minutes and Records Cleric of Court's Office umber of Original Documents Attached Phone Number Agenda Item Number lNSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI A" in the Not Applicable colllIlm. whichever Is 1.. Original document Iw been sigoed/'mitiaLed for legal sUfficiency. (All documents to be signed by the Chairman, with the exceptioo of most letters; must be reviewed and signed liy the Office at the County ArtDrney. This includes signature pages from ordinanceo. resolutious. etc. signed by the County Allcroey's Office and signature pages from contracts. agreements, etc. that have been tiIlIy executed by all parties except the BCC Chairman and CIc:rk to the Board and I State Officials.) 2. All handwrittca.strikc-tbroagb and n:visioos have b= initialed by the County 4=cY.' s Office and all other artics t the BCC Cbainoao and the Clerk to the Board 3. The Cba.mpao's sigoatllre line date has b= entered as the date ofBCC approval of the docmneat or the tinaI DC tiated cootract date whichever is licable. 4. "Sign bcn:" tabs are placed on the appropriate pages indicating when: the Chairman' s si and initials are 5. In Iilost cases (some contracts are an =cption), the original document and thIs routing slip should be provided to Sue Filson in the BCC ofli"" within 24 hatD'S ofBCC approval Some docomcDtS are time sensitive and require forwarding to TalIabassee within a certain time frame or the BCC's actions arc oullfficd. B. aware of our deadlines! 6. The do.....~~ot was approved by the BeC 00 (eater date) and all changes made during the meeting have been Iacorporated in the attached document. The Conn Attorn s Office has reviewed the es, if a liable. dc9-e9~ /4?c... ~ C'>n~ Yes (Initial) N/A(Not Iicable) IJIA. t FomW Comuy FomW Bce ForsmI Original Doomu:oa Roorins Slip WWS Original 9.03.04. lU:vi>cd 1.26.05. Revmd 2.24.05 INDEMNIFICA nON HOLD HARMLESS AND TEST MONITORING WELL LICENSE AGREEMENT l6C2 THIS INDEMNIFICATION, HOLD HARMLESS AND MONITORING WELL LICENSE AGREEMENT (the "Agreement") executed by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ("Indemnitor"), and the CITY OF MARCO ISLAND FLORIDA, a Florida municipal corporation (the "Indemnitee"). Wherever used herein the terms "Indemnitor" and "Indemnitee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns. RECITALS WHEREAS, Indemnitor and Indemnitee are in the process of negotIatlllg the drilling/construction of, the maintenance of, and the scheduled observation/analysis of test/monitoring wells on certain property owned by the City of Marco Island, as more particularly described in the attached Exhibit "A" (the "Property"); and WHEREAS, Indemnitor wishes to enter upon the Property for the sole purpose of the drilling/construction of, the maintenance of, and the scheduled observation/analysis of monitoring wells on the Property and Indemnitee has agreed to such testing (the "Testing"); and WHEREAS, Indemnitor shall request authorization from the Indemnitee regarding the location and number of the new test/monitoring wells to be constructed on the Property before the start of the Testing on the Property. NOW, THEREFORE, in consideration of the swn of Ten Dollars ($10.00) and such other valuable consideration the receipt and sufficiency of which is hereby acknowledged, Indemnitor and Indemnitee agree: I. Recitals. The parties acknowledge and agree that the Recitals above are true and correct and incorporated herein by this reference. 2. Access. Indemnitor shall have that period (the "Testing Period") which shall begin on the date this Agreement is signed by the Indemnitee and end ten (10) years thereafter, within which to perform and conduct the Testing on the Property. The parties to this Agreement reserve the right to extend the Agreement for additional time periods at a later date, at the parties' mutual discretion. During the Testing Period, Indemnitor and Indemnitor's agents, employees or representatives shall have full and complete access to F:\SE WellfieJd.Mi11er Boulevard.Marco site\Collier Indm Hold Hann Agr (Rev 5 1208) (2),doc --.'.'------.---- 16C;' the Property from and after the date hereof during business hours and upon at least twenty-four (24) hours prior notice for the purpose of conducting the Testing. Accordingly, Indemnitor agrees to conduct the Testing in a manner designed to minimize disruption ofIndemnitee's enjoyment and use of the Property. Indemnitor covenants that it shall repair any damages to the Property caused by reason of such access at Indemnitor's expense. Indemnitor shall promptly provide Indemnitee with true and correct copies of any and all reports, studies and reviews reflecting and concerning the results of the Testing. 3. Indemnification and Hold Harmless. Subject to the limitation set forth in g768.28, Florida Statutes, the Indemnitor shall indemnify, defend and hold harmless Indemnitee from and against any liabilities whatsoever, occasioned wholly or in part by the negligence of the Indemnitor or its employees, for injury to or death of person(s) and property damage arising or resulting in connection with any activity associated with work or service under this Agreement. Upon completion of the Testing by Indemnitor or any termination of this Agreement, this section and the obligations thereof shall not terminate but shall continue in full force and effect, and be applicable to all Testing performed by Indemnitor prior to the date of such termination. 4. Sell or Transfer of the Propertv. In the event that Indemnitee chooses to sell or transfer the Property, the Agreement shall terminate no later than thirty (30) days following notice of any such sale or transfer and Indemnitor shall forfeit all future Testing on the Property. 5. Temporary License. The Indemnitee grants the Indemnitor a temporary license to enter the Property to carry out the Testing. The temporary license to enter the Property is limited by terms and conditions of this Agreement. 6. Miscellaneous Provisions. a. Indemnitor and Indemnitee hereby acknowledge that they have fully reviewed this Agreement and its attachments and have had the opportunity to consult with legal counsel of their choice; have participated in the negotiating and drafting of this Agreement and that this Agreement shall not be construed against any party as if they were the drafter of this Agreement. b. No modification of this Agreement shall be binding on Indemnitor or Indemnitee unless reduced to writing and signed by duly authorized representative of the Indemnitor and Indemnitee. c. In the event a court of competent jurisdiction determines any sentence, provision, paragraph or section of this Agreement to be null and void, the remaining parts of this Agreement shall continue in full force and effect as though such sentence, provision, paragraph or section had been omitted from the Agreement. d. This Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, or understanding applicable to the matters contained 2 16C2 herein, and Indemnitor and the Indemnitee agree that there are no commitments, warranties or understandings concerning the subject matter of this Agreement that is not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. e. This Agreement shall be deemed to have been executed and entered into within the State of Florida. Accordingly, any dispute arising hereunder shall be governed, interpreted and construed according to the laws of the State of Florida. Venue for any legal action initiated to interpret construe or enforce this Agreement shall be in Collier County, Florida. f. No delay or failure on the part of any party to exercise any right or remedy accruing to such party upon the occurrence of an event of default or violation shall affect any such right or remedy or be held to be an abandonment thereof or preclude such party from the exercise thereof at any time during the continuation of any event of default or violation. No waiver of a single event of default or violation shall be deemed to be a waiver of any subsequent event of default or violation. g. All notices, demands, requests, consents, approvals, and other communications (collectively, "Notices"), required or permitted to be given hereunder, shall be in writing and sent by facsimile (or similar device) and by either: (i) registered or certified air mail, postage prepaid, return receipt requested; or, (ii) special delivery service (e.g. Federal Express, DHL, UPS, etc.); addressed to the party to be so notified as follows: If to Indemnitor: Board of County Commissioners of Collier County and as Ex- Officio the Governing Board of the Collier County Water- Sewer District c/o Collier County Real Property Management 3301 Tamiami Trail East Naples, Florida 341 12 Attention: Marlene J. McLaughlin Facsimile: (239) 252.8876 Telephone: (239) 252.8991 If to Indemnitee: City of Marco Island Public Works Department 50 Bald Eagle Drive Marco Island, Florida 34 I 5 Attention: Rony Joel, P.E., DEE. Facsimile: (239) 389-4359 Telephone: (239) 389-5000 3 16C2 Each Notice sent in accordance with the requirements of this section shall be deemed effectively given upon actual receipt Each person designated herein to receive any Notice or a copy thereof may change the address at which, or the person to whom, Notice or a copy thereof is to be delivered, by Notice given in accordance with the requirements of this section. h. The Agreement shall inure and be binding upon the parties hereto and their respective successors and assigns. I. The Indemnitor and Indemnitee hereby knowingly, voluntarily and intentionally waive the right they may have to a trial by jury in respect of any litigation based upon the Agreement or arising out of, under or in connection with any other Agreement contemplated to be executed in conjunction herewith, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party. This provision is a material inducement for the parties entering into this Agreement IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. AS TO INDEMNITOR: DATED: ~~a, aceS ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT ..,,,"""""', .",""...,'j . ~ ~l .)" , ,'" \'., . .. . . . "~' ~ ,~. ~ ({;:~;} ; - . ~ . .:' ~\j~" Attest' '.. ~J ~= ~l rk 1191latn'0Il." APPROVED AS TO FORM AND SUFFICIENCY: BY \c.u~h;';:::" Jennifer A. BelpetllO, Assistant County Attorney 4 AS TO INDEMNITEE: DATED: ATTEST: Laura Litzan, City Clerk APPROVED AS TO FORM AND SUFFICIENCY: BY: Alan L. Gabriel, City Attorney CITY OF MARCO ISLAND, a Florida municipal corporation BY: 16C2 ,City Manager 5 EXHIBIT "A" THE PROPERTY The Southeast Y. of Section 35, Township 50 South Range 27 East, Collier County, Florida. 6 16C2 16C3 MEMORANDUM Date: December 10, 2008 To: Dianna Perryman, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Agreement: "Transportation and Recycling of Electronics for Collier County" Contractor: American Electronic Recycling, LLC Attached please find one (1) original document of each amendment, as referenced above, (Agenda Item #16C3), approved by the Board of County Commissioners on Tuesday, December 2, 2008. An original has been retained in the Minutes and Records Department and one has been sent to the Finance Department. If you should have any questions, please contact me at 252-8411. Thank you. Attachments (I) ITEM NO.: ~ ~~l.& 01 [:I...tJ @ OFFICWErRfCEIVED: LtlUNIY ATTORNEY 1 6 C 3 .OEC-4 rH2:32 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES From: Dianna Perryman., Contract Specialist Purchasing Department, Extension 4270 ~~~-D~ C(Y16- f t q, . Cl Dc:;..L Date: December 2, 2008 To: Office of the County Attorney Attention: Jeff Klatzkow Re: Agreement: "Transportation and Recycling of Electronics for Collier County" Contractor: American Electronic Recycling, LLC BACKGROUND OF REQUEST: This contract was approved by the BeC on December 2, 2008; Agenda Item 16.C.3 This item has not been previously submitted. ACTION REQUESTED: Agreement review and approval. OTHER COMMENTS: Jeff, please forward to the Chairman of the Board of County Commissioners 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. C: Danette Huff, Solid Waste www.sunbiz.org - Department of State Page 1126 C 3 Home Contact Us E.Filing Services Document Searches Forms Help Previous on Li$l N~~t on ListRet!lr:I'J_T(:~J~j~_t I;ve_nJ!i Name History Entity Nam", Search Detail by Entity Name Florida Limited Liability Company AMERICAN ELECTRONICS RECYCLING, LLC Filing Information Document Number L04000070618 FEI Number 201679766 Date Filed 09/28/2004 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 01/21/2005 Event Effective Date NONE Principal Address 77 MILFORD DRIVE, SUITE 219 HUDSON OH 44236 Changed 01/21/2005 Mailing Address 1500 INDEPENDENCE BLVD SU ITE 260 SARASOTA FL 34234 Changed 05/01/2007 Registered Agent Name & Address BDB AGENT CO 5355 TOWN CENTER ROAD SU ITE 900 BOCA RATON FL 33486 US Address Changed: 11/17/2005 Manager/Member Detail Name & Address Title MGRM ALFORD, BOLLEN (TRIP) 1500 INDEPENDENCE BLVD, STE 260 SARASOTA FL 34234 Annual Reports Report Year Filed Date 2006 04/20/2006 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=L04000070...11114/2008 www.sunbiz.org - Department of State 2007 2008 05/01/2007 08/07/2008 Document Images 08lQ7/2008" ANNUAL REPORT Q5LQli2QQZ=-ANN1U\lJ3EPDJlI Q4L20/2006,,_AHNUALI3_EI'QJ3I 01/21/2005 -- Amenqment 01/14/2005 -- ANNUAL REPORT 10/21/21)04 -- NaJI1eChaoge Q~I~8J2QQ'l'cEIQ[iqg I"imiteql"ial)ility View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents jf question or conflict. Event~ Name History Previous on List Next on Ll~t Return To List Home Contact us Document Searches E-Filing Services Forms Help Copyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. Page 2 of2 1 C3 Entity Name Search http://www.sunbiz.org/scripts/cordet.exe'?action= D ETFIL&in'L doc _ number=L04000070... 11/14/2008 MEMORANDUM 16C3 TO: Ray Carter Risk Management Department FROM: Dianna Perryman, Contract Specialist Purchasing Department DATE: December 2,2008 RE: Review of Insurance for Agreement: "Transportation and Recycling of Electronics for Collier County" Contractor: American Electronic Recycling, LLC This Contract was approved by the BCC on December 2, 2008; Agenda Item 16.C.3 Please review the Insurance Certificates for the above-referenced contract. If everything is acceptable, please forward to the County Allorney for further review and approval. Also, please advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 4270. dod/DP DATE RECEIVED DET 0 3 2008 RISK M,:,NAGEMHP /' ~):.' ,\~1A,t ~. '(j3r:~Y'~.j'1Df / I i . I' C: Danelle Huff, Solid Waste 16C3 AGREEMENT Transportation and Recvclin!! of Electronics for Collier County ")"L~ "- THIS AGREEMENT, made and entered into as of this 0( day of I)~ r " ~,\)", , 2008, by and between American Electronic Recycling, LLC, 1500 Independence Blvd., Suite 260, Sarasota, Florida 34234 hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": 1. COMMENCEMENT: This Agreement shall commence after receipt of the Notice to Proceed, in the fonn of a letter from the Project Manager or his designee. The contract shall be for a one (I) year period, and tenninating one (1) year from that date. The County reserves the right to renew said contract, with the consent of the Contractor, for three (3) additional one (I) year periods under the same tenns and conditions. 2. STATEMENT OF WORK. The Contractor shall provide recycling and de-manufacture of electronics, hereinafter "Work" in accordance with the tenns and conditions of Attachment A, Contractor's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Contractor and the County, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. COMPENSATION: All services identified in this Agreement will be provided by the Contractor at zero (0) cost to the County. Additional services as required shall be mutually agreed upon in writing by the Solid Waste Department Director or his designee, and Contractor. 4. 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. 5. PERMITS, LICENSES, AND TAXES: In compliance with Section 218.80, Fla. Stats, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such penn its issued by the County shall be processed internally by the County. All non County penn its necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, and the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 6. TERMINATION: If Contractor's perfonnance is not satisfactory to the County, the County may tenninate this Agreement immediately for cause. The County shall be sole judge of non-performance and of non-satisfactory perfonnance, and may detennine same in its sole discretion. The County may tenninate this Agreement for convenience with a seven (7) day written notice. The County's exercise of the right to terminate shall not release the Contractor from its obligation to pay damages incurred by the County or the State of Florida due to any breach by the Contractor. In the event that the Contractor suspends business, or if Contractor is declared to be in default of this Agreement, the County reserves the right to reclaim any or all Electronics in Contractor's possession or control. 16C3 7. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 8. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liabilitv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liabi]ity. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. (Occurrence Fonn) patterned after the 1985 I.S.o. form with no ]irniting endorsements. B. Workers' ComDensation: Insurance covering all employees meeting Statutory Limits m compliance with the applicable state and federal laws. C. Automobile Liabilitv: Coverage shall have minimum limits of$],OOO,OOO. SDecial Requirements: Collier County shall be listed as the Certificate Holder and included as an "Additiona] Insured" on the Comprehensive Genera] Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 9. NO IMPROPER USE OF COUNTY FACILITIES: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend this Agreement. 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 shall 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. 10. CONTRACT ADMINISTRATION: This Agreement shall be administered on behalf of the County by the Solid Waste Management Department. 11. SUBCONTRACTORS AND OTHER END-MARKET PARTICIPANTS: Within a reasonable time ,defined as at least ten (10) days prior to performing the Work, Contractor shall furnish to County a list of all subcontractors, and of all buyers of electronics or components or materials thereof, which Contractor intends to involve when Contractor performs Work. On this list, Contractor will describe the part which each subcontractor or buyer may play in the performance of the Work. Concurrently with furnishing of the list, Contractor will provide all insurance certificates and evidences of Permits that this Agreement requires under Section 5 with respect to such finns or persons. The requirements of this paragraph shall apply on a continuing basis throughout the term of this Agreement, such that Contractor continually updates the list to add and delete subcontractors and buyers as needed, within a reasonable time in advance of their involvement in the Work. 2 16C3 Further special requirements apply to end-market participants. The Contractor shall identify in writing to the County and to Department of Environmental Protection (DEP), a reasonable time in advance of use or transaction, (i) all processing / recycling / disposal subcontractors Contractor uses for disposal and/or recycling of cathode ray tube and other electronics, lead-bearing or mercury-bearing components, and other residuals, or to otherwise provide an end market for equipment (monitors, TVs, CPUs, printers, phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc.) or recovered materials (ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.) and (ii) all other end-market participants to whom Contractor intends to transfer possession or title to electronics or materials or components thereof, and in each case shall describe the particular function involved. Hereafter, all of these persons may be referred to as "end-market participants" Neither the County nor DEP shall have any obligation to review any of these end-market participants, but if the County and/or DEP choose to do so, Contractor will cooperate to facilitate that review, which may include a compliance audit at the end-market participant's facilities. Contractor's use of end-market participants shall be subject to non-objection by the County and DEP, that is, Contractor shall not use any end-market participant to which the County and/or DEP objects. When Contractor identifies an end-market participant to County and to DEP, Contractor shall concurrently furnish proof of agreements by which the end-market participant will perform its intended function, in the form of (i) letters of agreement/contract, or sworn affidavits, on subcontractor letterhead, or (ii) copies of other agreements/contracts. These documents must in each case indicate scope of agreement, dates and signatures, and shall include the specific materials/components involved, the time period for which the agreement or affidavit is valid, and a general description of the type of disposition (precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials are being exported, documentation must indicate that the materials are being bought for a reasonable, commercial value, that is, for more than a token value. Contractor shall report to County if an end-market participant is not (or is no longer) going to be used in the performance of the Work, whether due to objection under this Section II or other reasons. If changes are proposed in the arrangements Contractor has with an end-market participant, Contractor shall promptly notify County and DEP in writing a reasonable time prior to the change. Implementation and continued effectiveness of the change, as it affects electronics or any components or materials thereof, is subject to non-objection by County and DEP. 12. MAINTENANCE OF RECORDS /AUDIT / ACCESS TO RECORDS. The Contractor shall maintain books, records, documents and other evidence ("Records"), directly pertinent to performance of the Work in accordance with all applicable laws, industry standards, generally accepted accounting principles and practices consistently applied and any reasonable requirements which County may request in writing from time to time. The County, DEP, the State, the Federal government and any of their authorized representatives shall have access to all Records for the purpose of inspection, audit and copying, during the term of this Agreement and for so long as the materials are retained. All Records shall be retained for at least three (3) years following Agreement completion. In addition, the Contractor shall retain materials concerning hazardous waste generated from the Electronics for a period of at least ten (10) years or such longer period of time as may be required by law or industry practice. If Work is subcontracted, Contractor shall require each subcontractor to maintain, retain and allow access to Records to the same extent as would be required of Contractor under this section 12. 13. INDEMNIFICATION: To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless owner, 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 Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification 3 16C3 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 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. 14. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is fonnally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Refonn 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 tenninate this agreement immediately. 15. MISCELLANEOUS A. The Contractor or the County may upon initiation of either party arnend this Agreement in writing to cure any ambiguity, defect, omission or to grant any additional powers, or to confer additional duties which are consistent with the intent and purpose of this Agreement subject to mutual agreement of such amendment by both parties. B. Contractor represents and warrants either (i) that neither it nor any person or organization affiliated with it is on the convicted vendor list following a conviction for a public entity crime, or (ii) that neither it nor any person or organization affiliated with it was so placed on that list within the last 36 months. C. The failure of County at any time to require perfonnance by the Contractor of any provisions hereof shall in no way affect the right of County thereafter to enforce same. Nor shall waiver by the County of any breach of provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. D. The Contractor shall notify the County within forty-eight (48) hours of notice of any legal or regulatory actions, or notices of violations taken against the Contractor or subcontractors utilized within the scope of this Agreement. E. Within ten (10) days of approval of the Agreement, the Contractor shall submit a complete list of all I) Consent Orders, 2) Notices of Violation, and 3) Warning Notices, the Contractor and each subcontractor has received in the United States, for the three (3) years prior to submission. F. If any provision of this Agreement is or becomes unenforceable as a matter of law, it shall invalidate only to extent of the unenforceability, and it shall not invalidate any other provision of this Agreement. G. Contractor understands and agrees that its agreement hereunder is with the County, and that the DEP is not liable for any payments, expenses or liabilities under this Agreement. H. The Contractor may not assign or delegate this Agreement or any of its rights or duties hereunder without the prior written consent of County. 16. NOTICES. All notices from the County to the Contractor shall be deemed duly served if by hand, by fax, e-mail, or mailed by registered or certified mail to the Contractor at the following Address: B.A. (Trip) Alford American Electronic Recycling, LLC 1500 Independence Blvd., Suite 260 Sarasota, Florida 34234 Phone: 941-751-6141, Fax: 941-751-9843 4 16C3 All Notices from the Contractor to the County shall be deemed duly served if by hand, by fax, e-mail, or mailed by registered or certified mail to the County to: Collier County Government Center Attn: Steve Carnell, Purchasing and General Services Director Purchasing Department - General Services Building 3301 Tamiami Trail, East Naples, Florida 34112 Phone: 239-252-8371, 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 Agreement must be in writing. 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. '.r ^ BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY LORIDA c?!/1. :ATTEST: tJi.. Dw; t E.:Brod4,::clerk of Courts ~c ~~Pd:".I~ftC {C5 " ': .' (Seal) Attest d, to COdln14n I slgnature OIl,. American Electronic Recycling, LL Contractor 7w~~()J~+fo_(~ First Witness ~,C \I\U. e- ( 'Ms+i {'- (4( TypelPrint Witness Name ~e~~~vtl- ~ojOw\ 6/1~<>((:ie..';I(" Type/Print Witness Name By: ~. A. A-U---o~D Typed Signature r='i2.f'S IU Elf'! T Title Approved as to form and Legal sufficiency: ~ft;l~ Seelt T .ad, Cd 'e6\') (jy8erle Beputy County Attorney hS6:,sfanr Item# 1 ~(' 3 Agenda (~ld.loi Date ~ Date \d-1u)r. ~ Rec,~\~I~ ~W-'- Deputy Clerk 5 ATTACHMENT-A Contractor's Proposal 16C3 American Electronics Recycling, LLC is submitting a proposal for transportation and recycling of electronics from Collier County. Electronics will be collected at: . Collier County Landfill, 3730 White Lake Blvd, Naples, FL 34117 . Naples Recycling Center, 2640 W Enterprise Ave, Naples, FL 34104 . Immokalee Transfer Station, 700 Stockade Road, Immokalee, FL 34142 . Other sites may be added as necessary SCOPE OF WORK: The American Electronics Recycling (AER) will provide each of the sites listed above with an adequate number of storage and transport containers to hold electronics and safely transport them to their recycling facility, i.e. one (I) forty (40) yard open top box per week. AER will provide pick up and exchange of these containers from the Collier County Landfill at minimum every week or on an as -needed basis. As needed to be determined by Collier County. AER will have each load weighed at either the Collier County Landfill or the lrnmokalee Transfer Station AER will recycle the electronics collected at each of the sites listed above which will provide a certificate of recycling to Collier County Solid Waste Management Department AER is capable of expanding the above list services to other sites as needed for future growth within Collier County AER will provide a recycling facility tour if requested by Collier County SWMD AER will ensure security process to include, but not limited to: . Labeling and tracking of loads from the time of pick-up throughout the entire recycling process . Removing the asset and customer identification tags from each item . Performing sanitization, or overwrites, on each item to purge the data . Degaussing all hard drives, floppy disks, magnetic tape, and other IT media . Video monitoring of drives and other IT media throughout the shredding process . Data destruction on optical media . Controlled access to secure areas in which sensitive hardware can be held under extra protection while the material is assessed and the data is destroyed . Providing a Certificate of Destruction to Collier County . Ensure that the electronics will not be sent out of country for processing AER will comply with all applicable laws, rules, and regulations AER will provide all documentation as required by applicable EP A, DOT, Florida DEP, and Collier County Florida, to include but not limited to: . Recycling Manifests . Waste Manifests . Shipping Papers . Registration, Permits, Insurance, Certificate of Liability, OSHA Training, Fire Department Facility Approval . Detailed per load invoicing to Include Pounds of Material Received 6 . Semi Annual Report AER will charge a fee of $0.00 cents per pound to Collier County; this includes all the above services, entire loads electronic materials placed in containers. Loads will not be palletized. l6C3 7 16C3 ACORD,. CERTIFICA TE OF LIABILITY INSURANCE DATE (MM/OD/YVYY) 11/21/2008 PRODUCER (330)650-1948 FAX: (330)650-1074 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Carriage Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 44 Clinton Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Hudson OH 44236 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Wes tfield Insurance Co. 24112 American Electronic Recycling, LLC INSURER B: Cincinna ti Insurance 10677 The Pro trade Group, LLC INsuRERc:Westfield National 24120 77 Milford Dr. Suite 219 INSURER 0: Hudson OH 44236 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY! REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR~~~~IT~~:~~S:L~' ~~ l THE POLICIES DESCRIBED HER~,I~~IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES INSR ADD'L p~}.l.~~a~gg~~ Pg~fJf~~I~~N TYPE OF INSURANCE POLICY NUMBER LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY s~~~g~J9E~~J~~n""\ $ 500,000 A I CLAIMS MADE [!] OCCUR CMM3186490 4/17/2008 4/17/2009 MED EXP (An one =" $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - r,ENERAL Ar,r,REr,ATE $ 2,000,000 iil'L AGG~EnE LIMIT AnE~ PER: PROD CTS - ~nMPlnp Mc:r; $ 2,000,000 X POLICY Pf8i LaC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 2<- ANY AUTO (Eaaccident) A - ALL OWNED AUTOS CMM3186490 4/17/2008 4/17/2009 BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY (Per accident} $ - NON-OWNED AUTOS - PROPERTY DAMAGE $ (Pereccident) ~RAGE L1ABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN r=-AAr~ $ AUTO ONLY' AGO $ ~ESSJUMBRELLA LIABILITY S 5,000,000 X OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000 $ B ~ ~EDUCTIBLE CCC1l54042 4/17/2008 4/17/2009 $ RETENTlnN .. C WORKERS COMPENSATION AND I TVX~$'T~Il~C: I I OJ~" EMPLOYERS' LIABILITY 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? WCP3l88714 4/17/2008 4/17/2009 E.L. DISEASE- EA EMPLOYE $ 500,000 If yes, describe under $ 500,000 SPECIAL PROVISIONS below E.L. DISEASE" POLICY LIMIT OTHER DESCRIPTION OF OPERATiONS/LQCATiONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS certificate holder is listed as an additional insured, CERTIFICATE HOLDER CANCELLATION Collier County Government The Purchasing Building 3301 East Tamiami Trail Naples, FL 34112 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE William Landess/JULI ~~d!;~;_COT>~-:'-"--~- @ACORDCORPORATION 1988 ACORD 25 (2001108) p""" 1 "f? IJoJc:.n?1; """'" "O~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D1 Print on pink paper. Attach to original document. Original document" should be hand delivered to the Board Otlicc The completed TOuting slip and original documents are to be forwarded to the Board Otlice only after the Board has takt;ln action on the item.) ROUTlNG SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inti::mnation needed. If the document is already complete with U1C excention of the Chairman's sipnature, draw a line throuph routinp- lines # I throUP"ll #4, comnlelc the checklist, and forward to Sue Filson (line#5) Route to Ad~)ressee(s) Office Initials Date (List in routim! order I .Frank Ramsey Housing and Human Service '11- 12/2/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval Normally the Plimary contact is the person who createdlprepan:d the executive summary. Primary contact information is needed in the event one of the addressees above, inclLlting Sue Filson, need to cmtact statl' !(If additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered \(\ the BCe otlice only alter the HCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was 12/2/2008 A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D -I Yes (Initial) N/A(Not A licable) Agenda Item Number Agreemenl P l i'll~.~ Number of Original Documents Attached 11- nla 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. <All documents to be signed by the Chairman, with the exception of most letters, must be revic\\'cd and signed by the Office of the County Attorney. This includes signature pages Irom 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk 10 the Board The Chairman's signature line date has been entered as the date of BCe approval of the document or the fmal ne 'otiated contract date whichever is ap licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a cC11ain time frame or the BCC's actions are nullified. Be aware of our deadlines.! The document was approved by the BCC on 12/2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a) licable. 71-. W-. ~ I: Forms/ County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Origin<ll 9.03.1)4. Rcvised 1.26.05. Revised 2.24.05 2. 3. 4. 5. 6. Return to 4238273 OR: 4411 PG: 2912 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/05/2008 at 09:19AM DWIGHT B. BROCK. CLBRK RBC FBi 35.50 cams 4.00 -~ \1 \) Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-038-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 7240 16D1 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 2nd day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Raudel Gutierrez and Magnolia Pimentel" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 461100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4411 PG: 2913 terminate upon the recording of a release or satisfaction of lien in the public records 0~h6 D 1 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 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. BR6cK, Clerk ~,' - .. . ,..C'< "'~k ~.'.'.~1;." ,if). " ~/~tte' . .' , Deputy Clerk ";"'~ ,~$ to CIl.s I".. t ........ll\", OR I n BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, LORIDA, r OR: 4411 PG: 2914 WITNESSES AS TO BOTH SIGNATURES Witnesses: OWNER: ~5', Rau el Gutierrez 16Dl Print Name Wi~ss.~S: /' (' ~/"'v- Print Name _____7 ~/ /!../(.'1..f,lq &- ~'~A _~/~ STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of I1.JD ",,,,.,,t-c , , 2008, by f1ud./ 6" /, m u: t Ifa'!, rho is personally known to me or has produced T /--..do--" {) "<J Ide "<",,,, (-- as proof of identity. \\\\\lUllII"'II ",\\ LORA.. ~"'" ~::-~~~O--f;'R.':..~~~ ~mI<.JAL SE)I,.~~ = ~: M~ Corom. expires ~ i 3 : AUgust 29. '1010: i " . No 00 5911338 : I \. -... .' !C" ~,.d1):... .~'1,!,:-~,":.~~~ Approved a~~~tOf f,,~,'\\\ ~1ilI"lIn and legal sufficiency: ~c:r~gv?/ ~ ~ Signature of Person Taking AcknowleClgment C~~ / Colleen Greene Assistant County Attorney R,oomme", APPZO".I:. I " c' ~ =) ,J M cy Krumbine; MP A Director Collier County Housing and Human Services *** OR: 4411 PG: 2915 *** EXHIBIT "A" 16D1 LEGAL DESCRIPTION Lot 169, 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 13429 Covenant Road, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee 1. Sewer System Impact Fee K. Water System Impact Fee TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,515.00 $3,415.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D2 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 torwarded to the Board Otlice 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 infomlation needed. Ifthe document is already complete with the exception of1he Chairman's signature, draw a line through routing lines # I through #4, complete the checklist. and fo)\.vard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) l.Frank Ramsey Housing and Human Service 71- 12/2/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta;t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of tile addressees above, inc1Lrling Sue Filson, need to emtact statf for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve (he item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/2/2008 Agenda Item Number 16D -2- ADDroved bv the BCC Type of Document Agreement AA-tt~ Number of Original 1 Attached - Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chaitman' s si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chao es, if a licable. Yes (Initial) NIA(Not A licable) 2. 3. 4. 5. 6. 11- -u W-- "11- T'-- nla I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Rcvised2.2405 Return to 4238274 OR: 4411 PG: 2916 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 1110511008 at 09:19AM DWIGHT B. BROCK. CLBRK RBC FBI coms 35.50 4,00 Frank Ramsey Collier County IHIS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-034-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 1140 26D2 \~ \ ' \) 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 2nd day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Tomas E. Payero Madera" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4411 PG: 2917 16D2 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 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 ~J4~p~{~y ~L .' At.test "f'to;;C~ Clerk "' "'9n~~ORt. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, B' o~ "..t -(,t',:.' WITNESSES OR: 4411 PG: 2918 16D2 Witnesses: OWNER: .~ (Yj/rLOJJ- p C~ Tomas E. Payero Madera Print Name OWNER: Witnesses: /.. _/ ~"7// Print Name /V,?(4.?0 STATE OF FLORIDA) COUNTY OF COLLIER) The fore oing Agreement was acknowledged before me this ----'--- day of JOJu"bd 2008, by 0>>'\0.. -., ~& J,,~ who is personally known to me or has produced as proof of identity. \,\\\III'Ull1, ~,~ LORA.. """of [N~~~a'68~;(~,," ...<-. .0- ~ : My Carom. Expires ~ S : : August 29, 2010: : 'So .. No. 00 590338: $ , . . ... .".. ,~!IIO ~ <P. '~B\.\V." ~ $ Approved a~?~ ...: o~""""" .!Jt.L.S...DF f~ " and legal sufm;""l'o1'I...,,"'" :-.~ ,I / Signature of Person Taking Acknowl C(Q~P1>>-~ Colleen Greene Assistant County Attorney Recommend Approval:, l' / .L;:;;m~i;;,dA JJ' Director Collier County Housing and Human Services *** OR: 4411 PG: 2919 *** EXHIBIT "A" 16D2 LEGAL DESCRIPTION Lot 168, Trail Ridge, according to the plat thereot: as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13425 Covenant Road, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Sewer System Impact Fee K. Water System Impact Fee TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,515.00 $3,415.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 . . THE BOARD OF COUNTY COMMISSIONERS OFFIC~ FOR SIGNATURE 6 D ~ Print on pmk paper. Attach to ongmal document Ongmal documents should be hand dehvercd to the Board Ofhcc, The completed routll1g slIp and orig J documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures. dates, and/or infonnation needed. If the document is already complete with the excention afthe Chainnan's signature, draw a line throu!?h routing lines # 1 throuvh #4, comnlete the checklist, and forward to Sue Filson (line#5)' Route to Ad~\ressee(s) Office Initials Date (List in routin" order I.Frank Ramsey Housing and Human Service '-#-. 12/2/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary cont..::1 is the holder of tile original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of1he addressees above, inclwing Sue Filson, need to cmtact 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 BeC has acted to approve the item. Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Frank Ramsey, Housing Manager Phone Number 252-2336 16D_3 Yes (Initial) N/A (Not A licable) 1212/2008 Agenda Item Number W- n/a Agreement -e lue" Number of Original Documents Attached '1L 7i- 1: Forms! COlmty Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk io the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. Return to 4238275 OR: 4411 PG: 2920 RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/05/2008 at 09:19AM DWIGHT B. BROCK, CLBRK RBC PEE 35.50 COPIBS 1,00 Frank Ramsey Collier County "US 3301 E. Tamiami Trail Naples. Florida 34112 \J File# 09-037-IF Retn: CLBRK TO THB BOARD INTBROmCB ITH PLOOR BIT 7210 1603 'VI ~. 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 2nd day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Joseph Wilson Dorcelus" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 ofthe 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 Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4411 PG: 2921 16D~ 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 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: DWIGi:l:q:,I;lROCK, Clerk ~~;b~~l~C ..I'. " '. c'.:' Dt<puty Clerk . . Attest-.as to C1iIll'11lb1 , " s I'Qh~'ur..'olll . BOARD OF COUNTY COMMISSIONERS COLLIER COUNT ,FLORIDA, OJ,','' Witnesses: OWNER: : lD6(Ph LV - JJe> f2c~ losep Wilson Dorcelus OR: 4411 PG: 2922 16D3 WITNESSES Print Name ' OWNER: Witnes~es: /7 /Ac7"'''~ P'rint Name 7 // '4:::bPj;-- IL-!)",/(;( doc" 7~'-:t"u . STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of /J()(lt'ilt.b'N 2008, by j O'-X~ lul~ CD 1)." l '- l u ), who is personally known to me or has produced as proof of identity. \",UItI'N""", ft}~~~ .::~. E 1,..-0: -.....ucomm xp . .- .. . ",y . O. - : : AulJust 29. 201 : ; ~ ... No. 00 59033&: ~ ~ . . ~~ Approve(t':D""....f~\..\~.:...~ $ ,~.... 0....,'.. and legal SUm~,i',::~~OJ': f~\\\\\ (!~~ Colleen Greene Assistant County Attorney L ') ), '/ &/P~- ~-7'~ '~ Signature of Person Taking Acknowl gment Recommend Approval: I j(, e, PA y'\...-............- " ~___1-' , arcy Krumbi Director Collier County Housing and Human Services xxx OR: 4411 PG: 2923 xxx EXHIBIT "A" 16D3 LEGAL DESCRIPTION Lot 173, 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 13447 Covenant Road, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Sewer System Impact Fee K. Water System Impact Fee TOTAL IMP ACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,515.00 $3,415.00 $19,372.46 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D4 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otlicc. The completed routing slip ,md 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 exccotion oflhe Chairman's sienature, draw a line throue:h rautin!! lines #1 throulZh #4, cOffinlete the checklist, and forward to Sue Filson (line#5), Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service --=1f- 12/2/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary canta;t is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofdlC addressees above, inc1Lrling Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the Bec Chairman's signature are to be delivered to the Bce office only after the Bec has acted to approve the item. Name of Primary Staff Frank Ramsey, Housing Manager Contact Agenda Date Item was 12/2/2008 A roved b the BCC Type of Document Agreement Attached Phone Number Agenda Item Number Number of Original Documents Attached 252-2336 16D-Y. Yes (Initial) N/A(Not A licable) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. Original document has been signed/initialed for legal sufficiency. (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 Bo d and ossibl State Officials.) All handwritten strike-throug and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a IicabIe. ?L n/a 2. 3. 4. 5. 6. 11- ~ 1: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4238276 OR: 4411 PG: 2924 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/05/2008 at 09:19AM DWIGHT B. BROCK, CLBRK RBC m 35.50 coms 4.00 ,} Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples. Florida 34112 \; File# 09-036-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7240 16D4 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 2nd day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Osiel Quintana and Magdalys Camejo" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the tenus of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The tenu of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Six Thousand Two Hundred Four and 83/100 Dollars ($26,204.83). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4411 PG: 29~5 terminate upon the recording of a release or satisfaction of lien in the public records ofie6 D 4 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 docwnentation 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 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: .> ' OWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C UNT ,FLORIDA, ~uwf ~Sf4k- . . ..... PrJenuty. Clerk Attest " to ""a I'WI4II . S lQnature or, I' OR: 4411 PG: 2926 WITNESSES AS TO BOTH SIGNATURES OWNER~/~ d/ . <:-<.- 16D4 Witnesses/:1 ~~ Af Print Name~e l='vue \t\. \ Osiel Quintana ~c)'-/Yk.J- 7-~,-",/C I OWNER: Witnesses: ;;?z,;,..,p Print Name ~;, ':F ~",. Magdal / STATE OF FLORIDA) COUNTY OF COLLIER) / The foregoing Agreement was acknowledged before me this ----t.- day of ^ b Ii (/11 hej 2008, by C>,,<z \ GLJ'''\UH''~ !\'\o.'.t\'" who is personally known to me or has produced ~'l- = 0 ''\:Y \"'"''<'1''' as proof of identity. \\\"'1111111,, ~,,\...\ \...0 RA.. -/""'" [N~~~~~~ SO: . -.01. :. t.l9\tel . .- =~. ..IV carom. \"'. ': - .~, "9 20 u' - = . ~gu'\" 8' " ;. ... NO.OO 59033 .: ~ i "" r, .!:J ~ ~ .. PU'B\..\';"-'~$ Approved at-'Rt'-f9Y? . . f\..O,"~ and legal suffi'6f~lUI~f,\,\\"\ , ~ / / ~- '/ /./:.!P?-?7C4: ~....::....-:,~ Signature of Person Taking Acknow edgment Recom. mend APprorl: / QtR~~~ o leen Gre ne Assistant County Attorney rcy Krumbine, A Director Collier County Housing and Human Services ,{ *** OR: 4411 PG: 2927 *** EXHIBIT "A" 16D4 LEGAL DESCRIPTION Lot 5, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida STREET ADDRESS 5318 Carlton Street, Naples, Florida 34113 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer System Fee K. Water System Fee TOTAL IMP ACT FEES $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3.415.00 $26,204.83 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE J6DS Print on pink paper. Attach to original document. Original documents should be hand dclivcn:d to the Board Office The completed routing slip and original document~ are to he forwarded to the Board Office only after the Board has takxn action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) l.Frank Ramsey Housing and Human Service Tf- 12/2/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INF'ORMATION (The primary conta::t is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, indlrling Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BCe office only after the BCe has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/2/2008 Agenda Item Number 16D -S" Approved bv the BCC Type of Document Agreement Lit 11. ll..AO- Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be rev iewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fma1 ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require for\varding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of 'our deadlines' The document was approved by the BCC on 12/2/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a lieable. Yes (Initial) N/A(Not A Ii cable) 2. 3. 4. 5. 6. 1l yt, 7L n/a 1i 7-f- I: Forms! COWlty Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.0:-1.04, Revised 1.26.05, Revised 2.24 05 Return to 4238277 OR: 4411 PG: 2928 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 1210512008 at 09:19AM DWIGHT B. BROCK, CLBRK . RBC m 35.50 cams 4.00 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLBRK TO THB BOARD INTBROmCB 4TH FLOOR BXT 7240 16D5 File# 09-03S-IF J-- I "\. J 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 2nd day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Damian Luizaga and Maria Luizaga" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4411 PG: 2929 16D5 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 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: , . "",r,. DWIGHT\KB;R~K, Clerk ~q'JJ4A;'P~1 ~ ~. ,: ,Deputy Clerk c' ....'0..' ".'4,tteStHt.ll Chalnll4n , ~i(jA' tu... on,. BOARD OF COUNTY COMMISSIONERS COLLIER COUN Y, FLORIDA, r OR: 4411 PG: 2930 WITNESSES AS TO BOTH SIGNATURES Witnesses: J 16D5 Print Name c Witt1Jss9: ~~ uk,~ Print Name No"."", :2<-- -4 (,., 7<'7:1 OWNER: 4 < ---,'. L . . jU~~/bt, .) Maria Jl,uizaga . . STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing Agreement wfls acknowledged before me this --"-- day of Ai I d, 1/ i t d , by j){(Pl/LVI jUIZL"I"c! fA"- , who is personally known to me or has produced - t L II) as proof of identity. \\\\UUII""I ~~~T(~""T ~~~~i"N01-~~~ ... . I~ ~.v :.A ~ S : "'yc. ....n.~ :- ,. ~ 0111", .,101.. :: : M'gIJ"<.'~~lJh :~: _,ft- 00.'1) '9"11 ".,. . -:~.. . sgQ.cVfo .0:: ':.;y-..o '331" I Approvea,*~~ ... l and legal t~~~~\O~.'" C~~ Colleen Greene Assistant County Attorney , ' , ) . / / / { "'~;r' ignature of Person Taking Acknowledgment ",,';moo' APP\", ( . ~i; K:~b~~d Ml> A Director Collier County Housing and Human Services *** OR: 4411 PG: 2931 *** EXHIBIT "A" 16D5 ~ LEGAL DESCRIPTION Lot 57, 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 13505 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee 1. Sewer System Impact Fee K. Water System Impact Fee TOTAL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,515.00 $3,415.00 $19,372.46 16El ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLtI> TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Plio! on pink paper. Attach to original document. Original documcnb should be hand delivered to the Board Office. The completed routing slip and original documents are to be fOlWarded to the Board Office only aft('r the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. Ifthc document is already complete with the exc tion of the Chairman's si nature, draw a line throu h routin ines #1 throu h #4, co Jete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Offic Initials Date List in routin order 1. -- 1/15/09 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee otTice only after the Bee has acted to approve the item. 2. 3. 252-8400 16-E-I Yes (Initial JAK 4. Jeffrey A. Klatzkow County Attomey N/A JAK JAK N/A JAK 5. Sue Filson, Executive Manager Board of County Commissioners I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24,05 ((matter _ numbem/({document_ numbem 6. Minutes and Records Clerk ofComt's Office Name of Primary Staff Jeffrey A. Klatzkow Contact Agenda Date Item was December 2, 2008 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number f.eases for Number of Original Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. 1. Original document has been signed/initialed for legal sufficiency. CAll 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 Bee Chairman and Clerk to the Board and possibly State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exec t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BeC office within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCes actions are nullified. Be aware of our deadlines! The document was approved by the BCe on December 2. 2008 and all changes made during the meeting have been incorporated in the attached document, The County Attorney's Office has reviewed the chao es, if a licable. . 2 3. 4. 5. 6. MEMORANDUM Date: January 27,2009 To: Michael Dowling, Property Management Specialist Real Property Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2009-347 Enclosed for your records, please find a copy of the document referenced above (Agenda Item #16El), adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please contact me at 252-8406. Thank you. 16El 16El MEMORANDUM Date: January 27, 2009 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2009-347 Enclosed for your records, please find a copy of the document referenced above (Agenda Item #16El), adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please call me at 252-8406. Thank you. Enclosure Ci.'). ~ f"" 1... ,Ii I . t MEMORANDUM Date: January 29,2009 To: Jay Cross, Executive Assistant Clerk of Courts Administration From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-347: Board acknowledging the County's Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which County business is conducted Attached for your records, please find a certified (1) copy of the resolution referenced above, (Agenda Item #16El) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. The original resolution is being retained for the record. If you should have any questions, please contact the Minutes and Records Department at 252-8406. Thank you. J F.f 1 w MEMORANDUM Date: January 29,2009 To: Claude Haynes Deputy Tax Collector From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-347: Board acknowledging the County's Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which County business is conducted Attached for your records, please find a certified (1) copy of the resolution referenced above, (Agenda Item #16E 1) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. The original resolution is being retained for the record. If you should have any questions, please contact the Minutes and Records Department at 252-8406. Thank you. 16E1 MEMORANDUM Date: January 29,2009 To: Kevin Rambosk, Sheriff Sheriff's Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-347: Board acknowledging the County's Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which County business is conducted Attached for your records, please find a certified (1) copy of the resolution referenced above, (Agenda Item #16El) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. The original resolution is being retained for the record. If you should have any questions, please contact the Minutes and Records Department at 252-8406. Thank you. '1i r r 1 4 Ii ~J. it" ,.,.' ,~...... '-. , MEMORANDUM Date: January 29,2009 To: Jennifer Edwards Supervisor of Elections From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2008-347: Board acknowledging the County's Tax Collector, Clerk of Courts, Sheriffs Office and Supervisor of Elections have directly entered into leases for branch offices and/or warehouse space in which County business is conducted Attached for your records, please find a certified (1) copy of the resolution referenced above, (Agenda Item #16El) adopted by the Board of County Commissioners on Tuesday, December 2, 2008. The original resolution is being retained for the record. If you should have any questions, please contact the Minutes and Records Department at 252-8406. Thank you. RESOLUTION 2008 - 347 16El RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, ACKNOWLEDGING THAT THE COLLIER COUNTY TAX COLLECTOR, THE CLERK OF COURTS, THE SHERIFF'S OFFICE, AND THE SUPERVISOR OF ELECTIONS HAVE INDEPENDENTLY ENTERED INTO LEASES FOR BRANCH OFFICES AND/OR STORAGE SPACE IN WHICH LIMITED COUNTY BUSINESS IS CONDUCTED. WHEREAS, it is within Ihe sole purview of the Board of County Commissioners 10 enter into lease agreements in order to conduct County business on behalf of the County's Constitutional Officers; and WHEREAS, the Collier County Tax Collector, Ihe Clerk of Courts, Ihe Sheriff's Office and the Supervisor of Elections have directly entered into lease agreements for branch offices and/or storage space at the following locations: Tax Collector: 12668 East Tamiami Trail, Naples, Florida (Lease attached) 50 South Wilson Boulevard, Naples, Florida (Lease attached) Everglades City Hall City of Naples City Hall (Lease Attached) 2348 Immokalee Road, Naples, Florida (Previously recognized under Resolution 95 -368) 8771 Tamiami Trail North (Letter from Guy Carlton acknowledging use of space) Clerk of Courts: 12668 East Tamiami Trail, Naples, Florida (Lease attached) 50 South Wilson Boulevard, Naples, Florida (Lease attached) Everglades City Hall Cily of Naples City Hall (Lease Attached) 2348 Immokalee Road, Naples, Florida (Previously recognized under Resolution 95 -368) Sheriff's Office: Professional Development Center, 615 Third Avenue South Records Storage - various locations Supervisor ofEleclions: Jim's Stowaway, 3527 Radio Road, Naples, Florida (Lease attached) Flinn Storage, 3427 Progress Avenue, Naples, Florida (Lease attached) WHEREAS, the Board of County Commissioners acknowledges thai the Collier County Tax Collector and the Clerk of Courts perform limited County business in these branch locations. NOW THEREFORE, BE IT RESOLVED BV THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Ihe Board of County Commissioners hereby recognizes that certain County funclions are conducted by the Tax Colleclor and Clerk of Courts, in order to conduct Counly business at the leased premises allhe locations listed above, and that Ihe Board finds such direct lease arrangements by the Tax Collector and Ihe Clerk of Courts to be in the best interests oflhe citizens of Collier County and require no further action by the Board. BE IT FURTHER RESOLVED that this Resolution shall take effect upon adoption. 16E1 THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 4D day of D~be1L ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .' BY:~ .-&J..t~O(. . Deputy Clerk ..'. . Attest':.. to QI.~<' 1191lltri ClCllo ..' . , Chairman Jeffre Count rm and legal sufficiency: ..... Item # \1a.EL ~~ \ (y()-i)~ l/~t) MEMORANDUM Date: December 5, 2008 To: Rhonda Cummings, Contract Specialist Purchasing Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Contract No.: 08-5017 "Annual Contract for Countywide Exotic Vegetatrofi- Removal" Contractor: DeAngelo Brothers, Inc., Resource Restoration, Inc., Earth Balance Corp. and Environmental Aquatic Control, Inc. Enclosed please find four (4) original contracts, as referenced above, (Agenda Item #16E2), approved by the Board of County Commissioners on Tuesday, December 2,2008. An original is being kept in the Minutes and Records Department as part of the Board's permanent records. If you should have any questions, please contact me at 252-8411. Thank you. Enclosures (4) 16[2 16E2 i .y " I "","0 lite oj ~ ,,-UUD BOa!!l orC0dnw C~lJmmissioners ITEM NO.: E.2, BCC Meeting December 2, 2008 Date: December 3, 2008 To: Commissioner Tom Henning From: Rhonda Cummings Contract Specialist Administrative Services Division Re: Contract Amendment #A-l 08-5017 Annual Contract for Countywide Exotic Vegetation Removal ACTION REQUESTED: Please sign where indicated and have the Clerk attest then forward one copy each to Rhonda Cummings, Purchasing. Thank you. EXHIBIT A -1 Contract Amendment # 08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 This amendment, dated II , 2008 to the referenced agreement shall be by and between the parties to the original a reement, DeAngelo Brothers, Inc. d/b/a Aquagenix to be referred to as "Contractor" and Collier County, Florida, to be referred to as "County". Statement of Understanding RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" The following change to the above referenced agreement has been mutually agreed to by the Contractor and the County: The additions to the existing language in the Agreement are shown herein by underlining: deletions from the Agreement are shown by ,trikethmughs. 3. COMPENSA nON: As the County identifies certain services it wishes Contractor to provide pursuant to the terms of this Agreement, the County shall request a quotation from ORe er mere Celltraeters all of the firms under contract for such services, said quotation to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Pmcaase Order work order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services. All other terms and conditions ofthe agreement shall remain in force. 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(s) indicated below. Accepted: Nor eJ..l ber /7 ,2008 CONTRA TOR: DeAnge 0 rothers, Inc. dl. By: ". A T;rEST: OWNER: e<P&i l~~ D' ight E.Btock,'Clerk nest' u to ell"! I !"1I4n , 1191'i1l':jJl"t,\ 'j(i. 'f BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, n By: EXHIBIT A -1 Contract Amendment # 08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 This amendment, dated , 2008 to the referenced agreement shall be by and between the parties to the original agreement, Resource Restoration, Inc., to be referred to as "Contractor" and Collier County, Florida, to be referred to as "County". Statement of Understanding RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" The following change to the above referenced agreement has been mutually agreed to by the Contractor and the County: The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethreughs. 3. COMPENSATION: As the County identifies certain services it wishes Contractor to provide pursuant to the terms of this Agreement, the County shall request a quotation from eRe sr mere CSRtmetors all of the [inns under contract for such services, said quotation to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a PHrehase Order work order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. Accepted: U'-'U \ v'; ,2008 CONTRACTOR: Resource Restoration, Inc. .,---:> By: ~~~ 1:x ". ~ -:v' "", \- 0 .r , Print Name and Title ,r., .. e)",..', d (., \ \ ~~ ' -,~'ght ~..Broc~"~l~i ' , ~,~est ni1.O c.aa Irl1WJ1 . Ifwturo 0111.' OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, EXHIBIT A -1 Contract Amendment # 08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" This amendment, dated Jtt,y-; /7. 2008 to the referenced agreement shall be by and between the parties to the original agreement, Earth Balance Corporation to be referred to as "Contractor" and Collier County, Florida, to be referred to as "County". 16E2 Statement of Understanding RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" The following change to the above referenced agreement has been mutually agreed to by the Contractor and the County: The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by ,trikethreughs. 3. COMPENSA nON: As the County identifies certain services it wishes Contractor to provide pursuant to the terms of this Agreement, the County shall request a quotation from eRe or mere COlltraetors all of the firms under contract for such services, said quotation to be in compliance with the terms of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Pmcaase Order work order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. Accepted: ~ 17 ,2008 CONTRACTOR: Earth Balance Corporation By: 2;c~~ ~ Authorized Signatory WA/C'/.r T&;ftVUY ;!#'1~ /2 k' Print Name and Title ~~ rr ~ OWNER: Wigilt\E. Broc!,., Ci!i'l'k AtUst uto WJ41r"ll4l1 , - ,t,;n.tlri.:.... f ;i\ . BOARD OF COUNTY COMMISSIONERS COLLIER C TY LORIDA Tom Henning, man A r ed as to form ~ ) gal SUffPCY: /{~L- ssistant County Attorney EXHIBIT A -. Contract Amendment # 08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" 16E2 This amendment, dated AI"I (1f , 2008 to the referenced agreement shall be by and between the parties to the original agreement, Environmental Aquatic Control, Inc., to be referred to as "Contractor" and Collier County, Florida, to be referred to as "County". Statement of Understanding RE: Contract #08-5017 "Annual Contract for Countywide Exotic Vegetation Removal" The following change to the above referenced agreement has been mutually agreed to by the Contractor and the County: The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by strikethroughs. 3. COMPENSA nON: As the County identifies certain services it wishes Contractor to provide pursuant to the terms of this Agreement, the County shall request a quotation from ORe er mere COAtraeters all of the firms under contract for such services, said quotation to be in compliance with the tenns of this Agreement. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a PHrehase Order work order shall be prepared which incorporates the terms of the understanding reached by the parties with respect to such Services. All other terms and conditions of the agreement shall remain in force. 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(s) indicated below. Accepted: M V o-l'll/l. ('6 ,2008 CONTRACTOR: ::Viro~JS_~)_ Authorized Signatory /1. (e fof.i1-1.<. !leG 'CSv(2..T'v-', V, c<<._ f(Z,z.S'/)>........-'T . Print Name and Title ' . C ATTES,'!':,' ". " ~td"~~~L DWli\t E. Brock, C11\\rk , ~SlH, .to' Ch~ 1nl4i1 S I"~tur. 0111 ~ OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER C TY ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 F 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to Oliginal document. Original documents ~hould be hund delivered to the Bonnl Office "["he completed routing slip and original documents arc to be forwarded to the Board Oftice only after the Bourd has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signature,;, dates, and/or information needed. If the document is already complete with the exceotion of the Chairman's signature, draw a line through routing lines #\ through #4, complete the checklist, and fonvard to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. -~ ....-.-..'--- 3. -- -- -' 4. Jennifer A. Be1pedio, Assistant County County Attorney .~:r t\B 12/04/08 Attorney 5. Sue Filson, Executive Manager Board of COllllty Cormnissioners 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 BeC Chairman's signature are 10 be delivered to the BCe office only after the BCC has acted to approve the item.) Name of Primary Staff Artie Bay Phone Number 252-8459 Contact Agenda Date Item was 12/02/08 Agenda Item Number 16F2 Approved by the BCC Type of Docurneut Subgrant Agreement Contract No.:09CI Number of Original 4 -- M&R-- Need a114 Attached CFDA No.: 97.067 Documents Attached originals back. (Ex! 8459 -- Thank you) INSTRUCTIONS & CHECKLIST Initial the Yes column or mark UN/A" in the Not Apphcable column, whichever is appropriate. 1. Original document has been signedlinitialed for legal sufficiency_ (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, rcsolutions, 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 BeC Chairman and Clerk to the Board and possibly State Officials, All handwritten strike~through and revisions have been initialed by the County Attorney's Office and all other artics exec t the BeC Chainnan and the Clerk tu the Board The Chairman's signature line date has been entered as the datc of Bec approval of the document or JAB the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the <lppropriate pages indicating where the Chairman's signature and JAB initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of nee approval. Some documents are time sensitive and require forwarding to Tallahassee withlll a certain time frame or the BCe's actions are nullified. Be aware of your dcadlines! The document was approved by the Bee on 12/02/08 and all changes made during the meeting JAB have been incorporated in the attached document. The Connty Attorney's Office has reviewed the chan es. if a Ucable. 2, N/A 3. 4, 5. NlA 6. I: Fonnsl County Forms/ Bee Fonns/ Original Documents [{outing Slip WWS Original 9.03.04. Revised 1.2(),()5, Revised 2.24_05 "matter _Ilumbem/Hdocument_ number>> 16F 2 '1 MEMORANDUM Date: December 5, 2008 To: Artie Bay EMS, Operations Analyst From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Sub grant Agreement - Contract #09Cl, CFDA #97.067 Attached please find four (4) original document referenced above, (Agenda Item #16F2) approved by the Collier County Board of County Commissioners on Tuesday, December 2, 2008. Please forward a fully executed original to the Minutes and Records Department for the Board's Records. If you have any questions, please call me at 252-8411. Thank you. 16F2 Contract Number:09CI CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Collier County (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has tile authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform tile work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attacllment B. (3) PERIOD OF AGREEMENT. This Agreement sllall begin September 1, 2008, and shall end 18 months after the date of execution, but no later than May 31.2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, 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 I 16F2 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 to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained 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 tile time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer 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 documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of tile Budget and Scope of Work - Attachment A - 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 reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time. on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (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 tllis Agreement. (b) These records shall be available at reasonable times for inspection. review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall 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. 2 .i1 6 ,f ') ~ (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 shows the Federal resources awarded through the Division 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 Division. 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 this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for 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 chooses 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 funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on bellalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallallassee. Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallallassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2). OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10t" Street Jeffersonville, IN 47132 3 16F 2 , 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 send 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 Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.f1.us) and Division of Emergency Management Bureau of Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or otller information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division 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, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after tile Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by tile Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. 4 16F2 (b) Quarterly reports are due to the Division no iater tllan 30 days after the end of each quarter of the program year and shall be sent 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. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to tile Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, tile Schedule of Deliverables and Scope of Work are being accomplislled within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to tllis Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division or 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 Division or 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 Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient tllroughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an empioyee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in 5 16F2 claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to tile extent set forth in Section 768.28, Fla. Stat. 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 Division to make further payment of funds shall, if the. Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the rigllt 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 Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under tllis Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted witll incorrect, incomplete or insufficient information; (d) If tile Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure witllin those thirty days. exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement. provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragrapll (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. 6 16F2 (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend. discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, 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 Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state tile effective date of the termination and the procedures for proper closeout of the Agreement. (d) In tile event that tllis Agreement is terminated, the Recipient will not incur new obligations for tile terminated portion of the Agreement after tile Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breacll of Agreement by the Recipient. The Division may, to the extent authorized by law. withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 7 16F2 (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 named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Nikki Hines 2555 Shumard Oak Bouievard Tallahassee, Florida 32399-2100 Telephone: 850-413-9894 Fax: 850-488-7842 Email: nikki.hines@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: _Jeff Page, Chief _2705 S. Horseshoe Drive _Naples, FL 34104 Telephone:_ 239-252-8459 Fax:_239-252-3298 Email:_JeffPage@colliergov.net_ (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 provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement. a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations. and (iii) the subcontractor shall hold the Division 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. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to wllether 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. 8 16F2 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) Tllis Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment D - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Statement of Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $9,000, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (c) After the initial advance, if any, payment sllall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (20)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. 9 16F2 (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to 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 Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all tile information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient. cause the termination of this Agreement and tile release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement sllall survive the term of tllis Agreement. (d) This Agreement may be executed in any number of counterparts, anyone of which 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 sea.), which prollibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation. State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatorv 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 10 16F 2 consultant under a contract with a public entity, and may not transact business witll any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, 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. Ilave not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for 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 19(9)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. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under tllis 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. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Ul Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other materiai subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. 11 16F2 (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) 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 ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such vioiation 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 Division. (n) 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 of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Cllapter 119, Fla. Stat. (0) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from tile Division under 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 Recipient, 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 12 ~,6F2 11 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants. and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. 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 the required certification shall be subject to a civil penalty of not less tllan $10,000 and not more than $100,000 for each such failure. (21) 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 has a pre-existing patent or copyright, the Recipient sllall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or otller copyriglltable material are produced. the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient sllall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has autllorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 13 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as 16F2 Attachment F. IN WITNESS WHEREOF. the parties hereto have executed this Agreement. RECIPIENT: OlLlER By: Name and title: Tom Henning / I rI' Date: j.'). .')IC,) FID# .::;(1- 1,.,::)()()5S 3 NTY Chairman of the Board of County Commissioners STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT " r, .~'r'i'k"'/"c,' ~.'" " "Q .,' , :. , . ~ " Attest as sIgnature ,. .,. toChal~.'t on I...' , '. , By: Name and Title: W. Craiq Fuqate. Director of the Division of Emerqencv Manaqement Date: 'iN as to form ~ 14 16F2'f EXHIBIT - 1 THE FOllOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Federal agency: Department of Homeland Security Catalog of Federal Domestic Assistance title and number: 97.067 Award amount: $9,000 THE FOllOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE: 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: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2008-2009 State Homeland Security Grant Program (SHSGP). consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the Recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the Recipient must comply with specific laws, rules, or regulations that pertain to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. 15 16F2 NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient. 16 16F2 Revised Attacbment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. .. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient. .. At the discretion of the Recipient. funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. *' The transfer of funds between planning, training, exercises and management & administration is permitted, fOf this contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award. Grlnt R..lpl..t Ag...,. Cateaory Amo..t A11_ted Planning Training $8,994 FY 2008 State Homeland Security Grant Exercises Program -Issue 59: Community Collier County EMS Equipment Emergency Response Team (CERT) Management and Administration (The dollar amount which corresponds to 3% of the total N/A allocation is shown in the column on the right.) Total Award 17 16F2 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 59: Community Emergency response Team (CERT) as described in the "Proposed Program Budget". [f any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via email or letter. Budget Detailed Worksbeet ElIatble Activities Allowable Plannloa Colts Quantity Unit Cost Totaleo.t Public Education/Outreach 500 .61 305 Develop and implement homeland security support programs and adopt ongoing DHS national initiatives, including State Preparedness Reports Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate CERT -related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities TraveL/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under CERT. Allowlble Training Costs Quantity Unit Cost Total Cost Overtime and backfill funding for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes and technical assistance programs. Grantees may also use grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA trainimr. Training Workshops and Conferences - Grant funds may be llSed to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. 18 l6F2' Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unites) of government and have the approval of the state or the awarding agency, 1 .,500 1,500 whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's fonnal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct oftbe training project(s) or for attending QDP- sponsored courses. These costs must be in accordance with state law as highlighted in the OJ? Financial Guide. States must also follow state 1 682 682 regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as eXplained in the OJ? Financial Guide. For further information on federal law pertaining to travel costs please refer to htto'//www .oio.usdoi. e:ov/Financiale:uide Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, 50 20 1,000 gloves, tape, and non-sterile masks). Tuition for higher education Other Items - These costs include the rental of space/locations for planning and 50 14 700 conducting training, badges, etc. AJIo_1t Blordie C.... Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/schoollbusiness preparedness, and participating in table-top or full scale emergency responder exercises at the local, State, or national level, to include Top Officials Exercise (TOPOFF). More information listed at htto:/lhseeo.dhs.20v Quantity Unit Cost Total Cost Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval oftbe state or the awarding agency, 1 500 900 whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA exercises. Implementation of HSEEP (Homeland Security Exercise and Evaluation Program) 19 16F2 Travel- Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States I 409 409 must also follow state regulations regarding travel. If a state or tenitory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJ? Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/financialguide Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct aCthe exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of spa cello cations for exercise planning and conduct, exercise signs, badges, etc. EDalblolqulplllOlll ~u11ltloD COil> The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories, and specific equipment eligible under each category, can be found on the web-based Authorized Equipment List (AEL) at: htto://www.rkb.us . Register on the website (optional) . Log into the website . Select the SEU AEL tab . Select AEL Only . To identifY items within the eligible categories, select the box that reads "List Contains All Items Click Here to Customize by Grant". Then uncheck all the grants listed except for Citizen Corps Program (CCP) and select the Customize Button. The CCP includes CERT activities. If you wish to purchase a piece of equipment from any of the eligible categories listed below for CERT, indicate the "AEL item number" and "title", in the emDtv soace orovided below that catellorv, e.g., "AEL Item Number" Here, "Title" Here Quantity Unit Cost Total Cost [01) Personal Protective Equipment (limited to Respimtory Protection Equipment: Disposable Respirator and PPE Accessories Eye Protection and 50 69,95 3,498 other Accessori~) [03] CBRNE Operational and Search and Rescue Equipment Technology [04] Infonnation Technology [OS] Cyber Security Enhancement [6] Interoperable Communications Equipment [09] Medical [10] Power [12] CBRNE Incident Response Vehicles [19] CBRNE Logistical Support Equipment r-~ [21] Other Authorized Equipment 20 16~ " < I!IlIlbl. MallapDlIllI ~ Admlnlalrallou CoIIt(_lend Q..1IlIIy Uull Coot Total COlt odtninlJtradoo..... nlay lIOt exceed 3% orlbo Rel:lpietll', total.ward) Hiring of fuU~time or part-time staff or contractors/consultants: - To assist with the management of the FY 2008 CERT - To assist with design, requirements and the implementation of the FY 2008 CERT .. To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2008 CERT Hiring oCfuU-time or part-time staff or contractors/consultants and expenses related to: - CERT pre~application submission management activities and application requirements. - Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of this award ~ approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to grant activities - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award fora single period oftirne (e.g., I :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemnloument Comnensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJ? Financial Guide at http://www.ojp.usdoj.gov/financialguide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: .. Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. .. Leasing and/or renting of space for newly hired personnel to administer programs within FY 2008 CERT. TOTAL 8,994 21 16F2 SCOPE OF WORK Funding is provided to perform eligible activities as identified in the Domestic Homeland Security ~ Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2008, Community Emergency Response Team (CERT), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope ofWark for each category below: I. Categories and Eligible Activities Issue 59: Citizen Corps (Community Emergency Response Team) FY 2008 Community Emergency Response Team (CERT), allowable costs are divided into the following categories: planning, training, exerdses, equipment and Management and Administration. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning . Public education and Outreach. . Developing and implementing homeland security support programs and adopting DHS national initiatives. . Developing related terrorism prevention activities. . Developing and enhancing plans and protocols. . Developing or conducting assessments. B. Training Funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: . Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection. response, and or recovery from natural, teclmical, or manmade catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security. and Community preparedness. . Overtime and backfill costs associated with attendance at G&T~sponsored and approved training classes and technical assistance programs. SHSP may also be used for training Community in awareness, prevention, protection, response, recovery skills. Training courses are listed at www.firstresoonderstrainine:.tlOV c. Exercises Funds may be used to design, develop, conduct, and evaluate exercises that . Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities; . Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP; . Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. . Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities; . Facilitates implementation of HSEEP, including developing and maintaining a self.sustaining State Homeland Security Exercise and Evaluation Program that is modeled on the national HSEEP. Exercises conducted must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I.III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. Volume IV contains sample exercise materials and documents. All four volumes can be found at hUn: Ilhseen .dhs .IZOV. Exercises specifically designed for or that include participation from non.govemmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/school/business preparedness, and participating in table-top or full scale emergency responder exercises at the local. State, or national level, to include Top Officials Exercise (TOPOFF). More infonnation listed at htto:/ihseeo.dhs.,&.QY All tabletop exercises (TIXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and perfonnance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TIX, drill, FE, and FSE. AAR/IPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). 22 ,- :)~ !~'7-' D. Equipment: FY 2008 CERT funds may be used for equipment acquisition from the FY 2008 Authorized Equipment List (AEL). The FY 2008 AEL is available in its entirety online through the Responders Knowledge Base (RKB) at htto://www.rk~. Authorized equipment for CERT includes the following: . Personal Protective Equipment . CBRNE Operational and Search and Rescue equipment . Information Technology . Interoperable Communications Equipment . Cyber Security Enhancement Equipment . Medical . Power . CBRNE Incident Response Vehicles . CBRNE Logistical Support Equipment . Other Authorized Equipment E. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on Management and Administration costs. 1. Hiring of full-time or part-time staff or contractors/consultants: . To assist with the management of the FY 2008 CERT . To assist with design, requirements and the implementation of the FY 2008 CERT . To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY 2008 CERT 2. Hiring of full-time or part-time staff or contractors/consultants and expenses related to: o Meeting compliance reporting/data collection requirements, including data calls 3. Development of operating plans for information collection and processing necessary to respond to DHS data calls. 4. Overtime and backfill costs ~ Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of the award - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to training - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (ITEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unites) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. s. Travel expenses M88t1ng~related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at httD://www.oio.usdoLaov/financialauide). 6. Acquisition of authorized office equipment, Including: . Personal computers . Laptop computers . Printers . LCD projectors, and . Other equipment or software which may be required to support the implementation of the homeland security strategy 7. The following are allowable only within the periOd of performance ofthe contract: . Recurring fees/charges associated with certain equipment, such as celt phones, faxes, etc. . Leasing and/or renting of space for newly hired personnel to administer programs within the FY 2008 CERT. F. Unautborized Expenditures . Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) . General-use computers and related equipment . General-use vehicles 23 16F2 . Licensing fees . Weapons systems and ammunition . Construction or renovation of facilities that would have been reasonably necessary due to non.terrorist threats . Activities unrelated to the completion and implementation of the CERT . Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs . Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill G. Overtime aod Backfill Guidance . Overtime: Expenses incurred by those personnel who, as a result of FEMA-approved activities, are performing over and above their normal, scheduled work hours or work week. . Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perfonn the duties of other personnel who are temporarily assigned to FEMA-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill ~ they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full.time employees (FTEs). II. National Preparedness Initiatives A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY 2008 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY 2008 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY 2008 NIMS Compliance Requirements . Incorporating N1MS into existing training programs and ex.ercises; . Completion of the NIMCAST tool; . Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); . Incorporating NIMS into emergency operations plarming; . Promotion of mutual aid agreements; and, . Institutionalizing the use of the Incident Command System (ICS). 2. Local units of government should support NIMS implementation by: . Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on8line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: htto://traininl! fema.l!ov . Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in fonnally adopting NIMS through legislative and/or executive/administrative means. . Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited numberofstate:s. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. 3. FY 2008 Requirements In order for the State to receive FY 2008 preparedness funding, the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, httD'//www.fema.l!ov/nims, will be updated regularly with NIMS information and implementation guidance. Note: FY 2008 CERT (via Community Corps Program) Program Grant Guidance can be found at www.dhs.aovorwww.rkb.us B. National Preoaredness System lNPS) 24 16F2 The NPS provides a tool to assist jurisdictions, agencies, and organizations at all levels to plan for, assess, and track capabilities in a shared environment. It integrates various efforts to provide the comprehensive picture of preparedness and progress toward achieving the Goal. Recipients are responsible forland required to report data into this developing system. III. Reporting Requirements A. Bencbmarks 1. All funds shall be obligated within the first 6 months of the date of execution of the contract by both parties, no later than May 31. 2009. 2. No less than 50% of the funds shall be spent within the first 12 months from the date of execution of the contract, no later than November 30, 2009. 3. 100% of the funds shall be spent within 18 months from the execution of the contract, no later than May 31, 2010. 4. Any unobligated funds will be de.obligated at the end of this period and are subject to reallocation to other prioritized projects. 5. Extensions to the period of performance will be considered only through formal requests to FDEM with specific and compelling justifications why an extension is required. All requests for extensions are subject to review and will not automatically be granted. B. The following information and documentation must be provided in the Form 1 report due prior to ???? DATE, 2008: 1. One-page summary of meeting held between applicant and their corresponding County Emergency Management Office to discuss the CERT program. 2. A revised budget. 3. A timeline for key activities during period of sub-grant. to include at a minimum: a. Official registering as a CERT by receiving official support from local authorized representative and submitting request on the National Citizen Corps Website. b. Strategy and methodology for recruitment of members. C. Procurement of all materials and supplies to operate the CERT program and to support public education and outreach activities. d. Estimated number of publications distributed to the public. e. Estimate number of people trained in community preparedness and family safety measures, to include first aid, emergency preparedness. and general safety precautions. f. Plans to maintain CERT members, indicating how they can be used to supplement emergency management activities in disaster and non..<Jisaster situations. g. Plans to utilize CERT in expanded program activities. h. Completion of the CERT Questionnaire 6. The following will be provided in all subsequent quarterly progress reports: 1. Documentation of registration as an official CERT. 2. A list of materials and supplies purchased for the CERT program funded under this sub.grant. 3. A list of publications distributed to the public and funded under this agreement. 4. Roster(s) of volunteers trained during the grant period. Roster should include. at a minimum: name of member and date training completed, and for new Citizen Corps Councils: Name of council. location coverage, contact information, including e-mail address and phone number. 5. Sample copies of any materials (e.g. news releases, brochures, videos. notices, letters. pictures or the like) produced to promote the CERT program under this sub-grant and courtesy copies of other program promotional items. 6. A list of other CERT activities related to this sub-grant. 7. Total amount of grant funds used to date and for what activities C. To submit with the quarterly report, a report of Community Emergency Response Team activation for emergency or non- emergency situations. Report should detail date. councH name. number of CERT members activated, brief description of activity. This will include situations where CERT members have augmented a community's emergency management capability. 25 16F2 Reporting Periods A. Ouarterlv Programmatic Reoortiol!: The Quarterly Programmatic Report is due within 30 calendar days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. Quarterly reports with the appropriate documentation as listed in Part II.S and C shall be submitted to the Department for approval. In addition, all invoices for expenses incurred to perform the work and prepare the products should be submitted. Ifa report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. . All instructional materials, classroom supplies, and instructional tools (i.e. fire extinguisher) must be purchased and a request for payment for these items must be received no Jaterthan DATE. Failure to comply may result in a tennination of this agreement. . Programmatic/ Technical conference calls will be held quarterly on a schedule to be announced. These conference calls are mandatoI)' and attendance of these conference calls will be taken through role call. Failure to attend these calls may result in a termination of this agreement. . Recipient agrees to perform the project identified in said application utilizing the funds provided under this agreement. Matching Funds must meet program requirements. Proorammatic enortino chedu e Reporting Period Report due to OEM no later than July I through September 30 September 30, 2008 October I through December 31 December 31, 2008 January I through March 31 March 31, 2009 April I through June 30 June 30, 2009 July 1 through September September 30, 2009 R S B. Prollrammatic RenortiDIl After the end of each reporting period, for the life of the contract, the recipient will complete their Biannual Strategic [mplementation Report in the Grants Reporting Tool (GRT) httns';/www.renortinQ".ododhs.Q"ov The reporting periods are January I~June 30 and July I-December 31. Data entry is scheduled for December I and June I respectively. C. Reimbursement Reouests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" fonn. D. Close-out Prollrammatic Reoortinll: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the contract is either completed or the contract has expired. E. Monitorinll: 26 l('J t} - Florida Division of Emergency Management US Department of Homeland SKurity Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the financial, programmatic and capability portion of the grant to include equipment procurement and compliance with applicable SHSGP grant guidance and statutory regulations. Monitoring is accomplished utilizing various methods including desk monitoring and on4site visits. There are two primary areas reviewed during monitoring activities 4 financial and programmatic/capability. Financial monitoring is the review ofrecoros associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, fmancial activity and technical assistance between the program office and the applicant via e.mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of the FOEM or their designee, to actually observe records, procedures and equipment. Freouencv of annual monitorinll activity: Each year the POEM will identify up to 50% of sub~grantees for site visit monitoring. It is important to note that although a given grant has been closed successfully, it is still subject to either desk or on.site monitoring. Enroll.e. of areas that may be examined include: Management and administrative procedures Grant folder maintenance Equipment accountability and sub. hand receipt procedures Program for obsolescence Status of equipment purchases Status of training for purchased equipment Status and number of response trainings conducted to include number trained Status and number of exercises Status of planning activity Anticipated projected completion Specific difficulties completing the project. Agency NIMS/ICS compliance documentation In certain circumstances, the POEM may request additional monitoring/information if the activity, or lack there of, on the part of the specific recipient has generated questions from the region, the sponsoring state agency or the FOEM leadership. The method of gathering this information will be detennined on a case-by.case basis. Oesk monitoring is an on-going process. Agency recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. The agency recipients will compete and submit the desk top monitoring within 14 business calendar days of receipt. This contact will provide an opportunity to identify the need for technical assistance (T A) and/or a site visit if the FOEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further T A will be referred to the FOEM for assistance. Examples ofTA include but are not limited to: ,.. Equipment selection or available vendors ,.. Eligibility of items or services ,.. Coordination and partnership with other agencies within or outside the region or discipline. Site Visits Site visits will be conducted by the FOEM or their designated personnel. Site visits will be scheduled in advanced with the recipient agency POC designated in the grant agreement. Monitoring questionnaires will be provided in advance of the visit. The FOEM will also conduct coordinated financial and gran 27 16[2 All findings related to the capability review will be documented and maintained within the FDEM. Site Visit Protocol The following outlines the monitoring protocol for the FDEM: The site visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a site visit checklist to assist in the completion of all required tasks. Site Visit PreDaration A letter will be sent to recipient agency Point of Contact (POC) stating the purpose of the site visit and sent at least 30 calendar days before the planned arrival date. FDEM personnel will call within the next 10 calendar days to schedule an appointment to review the grantee's program. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. Any personnel from the FDEM attending the site visit will review the grantee's corresponding folder(s) before the visit. Prior to the visit, individual roles will be identified for the site visit. Copies of applicable documents will be made and distributed to the site visit team at a minimum oftive (5) calendar days before the visit. A reminder e-mail should be sent to all team members and the recipient POC one business day in advance of the site visit. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visuaVspot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items (computers, response vehicles, etc.) should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment (large capitol expenditures in excess of$l ,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will also be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. The Site Visit Worksheet, report and photographs will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. K. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Contract Manager, Nikki Hines Program Manager, Tina Mazanek FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee. FL 32399-2100 Tallahassee, FL 32399~2l00 (850413-9894 (850)410-1599 nikki.hin~~~.mvf1orida.com Tina,mazanek{a).em.mvflorida.com L. Contractual Responsibilities . The FDEM shall determine eligibility of projects and approve changes in scope of work.. . The FDEM shall administer the financial processes. 28 16F2 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Section 1352, Title 31, US Code 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470). Executive Order 11 593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or tile Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended. 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of tile Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973. as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 29 l6F2 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. [X I NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (8) (C) (D) FFY FFY FFY Total DESCRIPTION 2005.2006 2006.2007 2007.2008 1 INITIAL CONTRACT AllOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) , First three months expenditures need only be provided for the years In which you requested an advance. If you do not have this information, call your consultant and he or she will assist you. MAXIMUM ADVANCE AllOWED CAlUlATION: X $ Cell D3 DEM Award (Do not include any match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 30 16F2 Complete Estimated Expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2008.2009 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS - (Include SecondarY Administration.l PROGRAM EXPENSES TOTAL EXPENSES ExDlanation of Circumstances: 31 16F2 Attachment 0 Warranties and Representations Financial Manaoement 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 identify the source and use 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 safeguard all assets and assure that they are used solely for autllorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information sllould be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Comoetition. All procurement transactions shall be conducted in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors tllat 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 offer or whose bid or offer is responsive to tile solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements tllat the bidder or offer or must fulfill in order for tile bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected wilen 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. Sucll 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 anytlling 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. 32 16F2 Business Hours The Recipient shall Ilave its offices open for business, with the entrance door open to the public, and at least one employee on site, from _8:00 a.m. - 5:00 p.m. Licensino and Permittino 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 by the Recipient. 33 16F2 Attachment E Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor 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 sllall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date 34 16F2 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21 , A-11 0, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, tllat govern tile application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a resuit of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply witll the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others. particularly those with whom they have family, business, or other ties. 5. It will give tile sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records. books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by tile Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify tile Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply witll tile flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, approved December 31.1976, Section 102(a) requires, on and after March 2, 1975. the purcllase of flood insurance in communities where sucll insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that Ilas been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such 35 16F2 properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42. Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race. color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500.000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 36 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 F 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 documem" should be hand delivered to the Board Ollicc. The completed routing slip and original documents are to be forwarded to the Board Ortiee only after the Board has lakl~n action on the i[cm.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or infonnation needed. If the document is already complete with the fth Ch " d I h h \ # \ h h #4 \ h h kl d ~ d S F'\ I # exceptIOn 0 e amnan S SIgnature, raw a me t rougn routlllg lUes t rougn , comPlete tee ec. 1St, an orwar to ue 1 son ( me 5) Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthc addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature an:: 10 be delivcn::d 10 the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff John Yonkosky Phone Number 252-8088 Contact Agenda Date Item was 12/2/08 Agenda Item Number 16P-f Approved by the BCC Type of Document Resolution ()g/3~\S Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman. with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State OtTicials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties except the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on 12/2/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial) Yes N/ A (Not A licable) 2. 3. 4. 5. 6. N/A Yes Yes Yes Yes I: Formsl County Forms! Bce Fonns/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 Date: To: From: Re: MEMORANDUM December 5, 2008 John Yonkosky, Budget Director Management & Budget Office Teresa Polaski, Deputy Clerk Minutes & Records Department Resolutions 2008-348 Attached, for your records you will find one copy of the Resolution, as referenced above, Agenda Item #16F4 adopted by the Board of County Commissioners on Tuesday, December 2, 2008. If you should have any questions, please call 252-841 1. Thank you. Attachment 16F4 RESOLlTION NO. 08- 348 16 !'~" /" '';~.. A RESOLl!TION PlIRSUANT TO SECTION 129.06(2). FLORIDA STATUTES, TO AMEND THE BLDGET FOR THE 2008-09 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 therefore; and WHEREAS, the Board ofCoumy Commissioners of Collier County, Florida, has received copies of budget amendments which provide fix hut are not limited to: revenue from grants, donations or contributions, or insurance proceeds J()f a designated purpose; and WHEREAS, the Board ha<; detcnnined that it is appropriate to amend the Budget for Fiscal Year 2008.09 by resolution pursuant to Section 129.06. Florida Statutes. NOW, THEREFORE, BE IT RESOLVED HV THE HOARD OF COUNTY COMMISSIONERS OE COLULR COUNTY, FLORIDA, that the budget amendments to the FY 2008-09 Budget described below are approved and hereby adopted and the FY 2008-09 Budget is so amended. FUND BUDGET AMENDMENT NUMBER INCREASE (DECREASE) RECEIPT INCREASE (DECREASF) EXPENDITURE INCREASE (DECREASE) RESERVES EXPLANATION FOR APPROPRIATION 121 09-059(111l8/08-16DIO) $96.000 $96,000 Recognize funds from Challenge Grant for homeless assistance. BE [T 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 Resgl\ll~aAopted this 2nd day of [)ecemher, 2008, after motion, second and majority vote. .~ . . ~ , ATTEST:. .~-~(> DWIGItT E, ifJ.l'Oqi., Clci'k;,.' ,;. ~~!r~~~ , , .) I ita'ture on I . Appr~e.d as to form . bga sufficiency: TOMH je ~-,--- ..-..,..--~_. "'--....~""'..i ilom)l ,-Uae-i ;~~t~lda I ~I :AId? ~~~~ -D:-:pl!t';i Cle:k - -1- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G 3 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 OtTtce. The completed routing slip and original documents arc to be forwarded to the Board O/lice nol)' after the Board ha<; taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the execntion of the Chairman '5 signature, draw a line throu"h routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) l. 2. 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office (The primary contact is the holder of the original document pending BCe approvaL Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needt,;d in the event one of the addressees above, including Sue Filson, nced to contact statT for additional or missing information. All original documents needing the Bce Chairman's signature are to he delivered to the BCe office only atter the BCC has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was Approved by the BCC Type of Document Attached PRIMARY CONTACT INFORMATION &AJI'i /.-f""..f.....) I--a./,,/J.,"j' Phone Number Agenda Item Number r:, C C~(<- ""'.............1 i3nk"f bJd Number of Original Documents Attached t.t S..../ 1. ~ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Ottice of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney.s Ottice and signature pages trom contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and ossibl State Officials.) All handWTitten strike-through and revisions have been initialed by the County Attorney's Ottice and all other parties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are re uired. In most cases (some- c9.ntr:,!~arcan exception), the original document and this routing slip should be provide3 to Sue Filson in'the BeC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be a ar of your deadlines! The document was approved by the BCC un /2 0' (enter date) and all changes made during the meeting have been incorporated In the attached document. The Count Attoroe 's Office has reviewed the chao es, if a licable. 2. 3. 4. 5. 6. ':U.l :, 57'! :U J rd-.7 0 /6 r; '3 ..1 .f c..ct. Yes (Initial) N/A (Not A plicable) 1::5"'/ BS'1 -t?~i' '8 <; 1'1 :gs-0 Rs~ I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 l6G 3 " MEMORANDUM Date: February 11, 2009 To: Bradley Muckel, Operations Mgr. Immokalee CRA From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: CRA Resolution 2008-349 Attached please find one (I) copy of the document referenced above, (Agenda Items #16G3 (BCC), which was approved by the Board of County Commissioners on Tuesday, December 2, 2008. The Minutes and Records Department has retained an original documents for the Official Record of the Board of County Commissioners. If you have any questions, please call me at 252-7240. Thank you. Enclosure 16G 3 CRA RESOLUTION NO 08 -349 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM PROVIDING FOR AN APPLICATION WITH ATTACHMENTS. WHEREAS, on July 30, 2002, the Board of County Commissioners of Collier County, Florida (BCC) adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area; and WHEREAS, on July 22, 2008 the BCC amended Ordinance No. 2002-38 in order to create a Commercial Fayade Improvement Grant Program within the Immokalee Community Redevelopment Area (CRA) using a portion of the funds in the Redevelopment Trust Fund; and WHEREAS, the Immokalee CRA desires to include the following documentation as part of its Commercial Fayade Improvement Program: 1. Fayade Grant Application (attached hereto as Exhibit B); 2. Fayade Grant Recipient Agreement (attached hereto as Exhibit C); 3. Lessee Agreement (attached hereto as Exhibit D); 4. Applicant Commitment of Resources Form (attached hereto as Exhibit E); 5. Project Summary & Evaluation Form (attached hereto as Exhibit F); 6. Payment Request Form (attached hereto as Exhibit G). NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY that: SECTION 1 Adoption. The Commercial Fayade Improvement Program Recipient Documents attached hereto as Exhibits B, C, 0, E, F, and G are hereby established, created and adopted in accordance with the provisions of Collier County Ordinance No. 2008-40, "Fayade Grant Program for the Immokalee Community Redevelopment Area" attached hereto as Exhibit A. SECTION 2 Administration. After the BCC allocates grant funding for the fiscal year, the CRA Board shall approve an award of grant to applicant for the grant, and approve payment upon completion of work by the applicant. The CRA delegates the administration of the grant program to the Executive Director and Immokalee Local Redevelopment Advisory Board to include but not be limited to: the application process, review and recommendation of recipients, monitoring grant progress, and recommending grant payment upon completion of work. - I - l6G 3 The recipients of any grant funds shall be required to execute the attached Grant Recipient Agreement (attached hereto as Exhibit C). SECTION 3 Severability. If any section or portion of this Resolution proves to be invalid or unlawful or unconstitutional it shall not be held to invalidate or impair the validity force or effect on any other section or part of this Resolution. SECTION 5 Effective Date. This Resolution shall become effective immediately upon passage and adoption. This Resolution adopted after motion second and majority vote this :J r,.<( day of -Dt'",,<,,.,.~-e~ 2~. ATTEST:. DWIGHT E BROCK ~ -... 1\11. BY::/ ~.: ,/ . . . '(Deputy Clerk..' _*' ... c;I*' ~.IJ. / COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA ~ 1_ BY: ' ~~..,~ __~A~ D NA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency 12la~A';' A1"J. )()hJdJ"f -~ Marj ie M. Student-Stirling Assistant County Attorney - 2 - Ibli } Agenda Item No. 16G3 December 2, 2008 Page 5 of 21 I M..."."..M. '.. .....~.O...... ",~,,;,'''l.', ~..:~. C"~"" .' ...>......'" "" .:' ,'" ........ ............... ............" ..........,......:... ..... :.".........<::.. " : ..0F: ..; : ::<if,. >." :.:,':' >." .......... ': :', ,......:. :'.' "" ", ;.':', :,. '. ... .. .... ...... ..: .... :.'m'... .. Community Redevelopment Agency j The place to Call Home! EXHIBIT A Commercial Facade Improvement Program Policies and Procedures March 2008 310 Alachua Street Immokalee, FL 34142 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 6 of 21 Section 1 - Prol!ram Purpose and Benefits The lmmokalee Community Redevelopment Agency's Commercial Facade Improvement Program allows for the use of Community Redevelopment Agency (CRA) grant funds, in conjunction with private investments, for general improvements to the exterior of commercial structures located within the boundaries of the Immokalee Urban Designated Area. The intent of the Commercial Facade improvement Program is to increase commercial occupancy rates and property values within the CRA while revitalizing the overall appearance of the lmmokalee Urban Designated Area. To accomplish this objective, the Program assists commercial property owners and tenants to restore or renovate the exteriors of their structures, thereby improving the area's physical charactcristics and enhancing the visual quality and attractiveness of the environment, which will lead to increased investment, occupancy and property values. Eligible applicants can receive grant funding up to $20,000 using a one-half (Y2)-to-one match with equal applicant funding for facade improvements to commercial structures. To illustrate, if a grant amount of $20,000 is requested, the applicant must provide funding in an amount of at least $10,000 toward redevelopment of the project as wcll. All facade improvements must be consistent with the Immokalee Community Redevelopment Plan, immokalee Area Master Plan, and the Land Development Code. CRA staff will review applications for completeness and detennine if funding is to be recommended. Grant funds will be distributed only upon completion of improvements and submittal of all receipts, invoices and required documentation to CRA staff. Applicants must be willing to maintain the renovations and improvements for at least five years. The Grantee shall not be liable to the CRA for repayment of the grant funds provided the Grantee complies with all conditions set forth in the Grant Agreement. Should the Grantee transfer, sell, divest itself of its interest in the subject property, or fail to maintain the renovations and improvements during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds as follows: Elapsed Time Amount Due eRA o to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three ycars after grant funds received 40% F our years after grant funds received 20% Five years after grant funds received 0% Grant funding is awarded on a first-come, first-served basis. Based on the amount of funding requested, applications must be approved by the appropriate entity (CRA, CRA Executive Director or designee) before work can begin on the improvements. Grants will not be awarded for work previously completed or that is in the process of being completed. 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 7 of 21 Section 2 -Community Redevelooment Area Boundaries The Immokalee Urban Designated Area Boundaries are reflected on the map attached. Section 3 - Elil!ible Exoenses I. Facade improvements, such as storefronts, display windows, painting (in conjunction with other improvements), and exterior architectural or security lighting. 2. Removal of elements that cover original architectural design and details. 3. Signage. 4. Addition and/or replacement of awnings/doors/windows. 5. Overall replacement of architectural elements that have structural deficiencies. 6. Painting, as part of a more comprehcnsivc improvement project. 7. New stucco and stucco bands. 8. Electrical work directly related to the exterior of the building or the installation of approved signage. 9. Professional design and engincering services related to structural renovation, new construction and signage. 10. Landscaping and irrigation (subject to approval of a Landscape Plan). II. Demolition required to facilitatc approved facade improvements. 12. Vinyl soffit and fascia, as part of more extensive project improvements. 13. Roof improvements. 14. Improvements that enhance access, such as handicapped ramps and sidewalks. 15. Decorative fencing. 16. Improvements to parking facilities. 17. Storm water enhancements. 18. Statues and fountains. Section 4 - Inelil!ible Exoenses I. Physical or visual removal of architecturally important features. 2. Installation of aluminum or vinyl siding. 3. Painting, when not associated with other improvements. 4. Permitting fees. 5. Any labor performed by a non-licensed contractor. 6. Improvements constructed prior to execution of final agreement with the CRA. 7. Routine maintenance activities that are part of normal property ownership. 8. Repairs performed to correct Code violations. 9. Improvements to a property that has any judgment liens, is not current on all mortgage and tax obligations, and has any Code violations. 10. New construction. II. Renovations to properties that are exclusively residential. 12. Renovations to properties that have non-conforming uses. 13. Interior renovations. Section 5 - Prol!ram Criteria 2 loG 3 Agenda Item No. 16G3 December 2, 2008 Page 8 of 21 ] . The structure to be improved must be within the boundaries of the lmmokalee Urban Designated Area. 2. Applicants must demonstrate that all necessary financing required to complete the project has been secured and that the applicant is providing matching funds that are at least one- half(Yz) of the amount of the grant amount being requested. 3. Applicants must have received the requisite CRA, CRA Executive Director or designee approval prior to commencement of improvements. 4. All necessary permits and approvals must be obtained from Collier County before work is commenced. All work is to be performed to the satisfaction of the Collier County Building Department officials, and all site and landscaping work is to be performed in compliance with the Land Development Code and all applicable County ordinances and regulations. 5. A licensed contractor must perform the work; proof of licensure and insurance is required. 6. Applicants must agree to maintain the improvements for at least five years. The CRA, CRA Executive Director or designee, as applicable, must approve any changes proposed to the improvements. 7. The property must be free from any judgment liens, and all mortgage and tax obligations must be current. 8. There may be no more than one approval for project funding per fiscal year. A "project" is defined as a single or set of enhancement/renovation activities for an eligible property. 9. The total amount of grant funds available for anyone property under this Program is $20,000. Any subsequent applications for the same property in future ycars will be treated cumulatively for purposes of determining funding eligibility. Section 6 - Evaluation Criteria Grant funds are limited and will be awarded on a first-come, first-served basis. Because one of the primary objectives of the Commercial Facade Improvement Program is to eliminate blighted conditions and improve the visual impact of the redevelopment area, competed applications will be evaluated using the following criteria: 1. Consistency with the goals, objectives, policies and principles of the Immokalee Community Redevelopment Plan and the Immokalee Area Master Plan. 2. Adjacency of the project to a recent or proposed redevelopment project. 3. Likelihood that the project will result in the occupancy of a prcsently vacant building. 4. The amount of funds that the applicant pledged to match leveraged against CRA funds. 5. The extent to which the project encourages a secure and convenient environment for patrons and employees. 6. Receipt of previous facade improvement grant awards (first-time applicants will have priority over repeat applicants). Section 7 - Aoolication Procedures 3 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 9 of 21 A property owner or tenant that is interested in participating in the Commercial Facade Improvement Program must submit a completed and signed application, along with supporting documentation, to: The lmmokalee Community Redevelopment Agency 310 Alachua Street lmmokalee, FL 34142 In addition to other supporting documents, applicants are required to submit quotes from two licensed contractors with the application. CRA staff will review applications for completencss and for compliance with Program criteria. Applications that are incomplete may be returned for additional information. Projects that do not comply with Program criteria will not be considered for funding. A wards of funding will be based on the lowest qualified bid. The applicant may elect to choose a contractor other than the one with lowest qualified bid but shall be responsible for all costs exceeding the lowest qualified bid. Under all circumstances, the contractor performing the work must be licensed, insured and have worker's compensation insurance. It is recommended that applicants retain the services of a registered architect, or similarly qualified design professional to prepare plans, drawings, renderings and construction specifications for their projects. Fees for services provided by a registered architect or similarly qualified design professional may be counted towards the applicant's Program match. The CRA will not be responsible in any manner for the selection of a contractor. An applicant should pursue all activities necessary to determine contractor qualifications, quality of workmanship, and reputation. The applicant will bear full responsibility for reviewing the competence and abilities of prospective contractors and secure proof of licensing and insurance coverage. Commercial Facade Improvement Program grant applications can be obtained from the lmmokalee Community Redevelopment Agency, 310 Alachua Street, [mmokalee, FL 34142. 4 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 10 of 21 Pre-Application Meeting If desired, CRA staff will review the applicant's conceptual plans in an informal setting, including discussion of the eligibility criteria, Program requirements, proposed project scheduling, and consistency of the proposal with the intent of the Program. At this stage, staff can offer assistance with the completion of the application form and provide limited technical and architectural guidance on the project proposal. At the conclusion of the pre-application meeting, staff will provide the applicant with a general determination as to whether the proposed project is likely to qualify to receive Program funds and whether the applicant is sufficiently prepared to move on to the application stage. Required Submissions Items required for submission include: 1. A completed and signed application form. 2. At least four 4" by 6" color photographs of the existing building exterior, showing all sides of the building, with emphasis on the area to be improved. 3. Rcnderings or conceptual drawings of the project when completed. 4. Two bids from licensed contractors detailing the following: a. Description of the materials to be used and the construction procedure: and. b. Itemized cost estimate of the project. 5. A legal description of the property. 6. Proof of property ownership and, if a tenant, a copy of the lease. 7. If the property is leased, the property owner must also be a party to the grant application and grant agreement. 8. Documentation from all lending institutions verifying all mortgage payments on the property are current and that the lending institutions will provide updated information upon request by the CRA, CRA Executive Director, or designee. 9. Documentation indicating that all property tax payments are current. 10. Proof of property insurance. Application Approval The CRA Executive Director or designee will approve or deny grant applications of $10,000 or less. Projects in excess of $10,000 will be forwarded to the CRA Advisory Board and the CRA Board with a recommendation from CRA stafT for funding approval or denial. All applicants will receive written notification regarding approval or denial of their application. If an applicant's proposal is approved by the CRA Executive Dircctor/designee or the CRA, as applicable, the applicant will receive written notification of the approval, which will include a funding agreement listing the amount of matching funds that are approved. Documentation of Applicant's Required Match The applicant will be required to document the type and source of the matching funds on the application submitted to the CRA. Verification of the funding sources will be required before final approval of the grant application. At the discretion of the CRA Executive Director or designee, or the CRA, structural repairs directly related to the building's facade that were completed within six months prior to the date of the grant application MA Y be used as part or all of the applicant's required match. 5 16G 3 Agenda Item No. 16G3 December 2, 2008 Page110f21 Construction Start After the grant agreement has been executed, the applicant may award the construction contract and secure all necessary construction permits. The owner/tenant must issue a "Notice to Proceed" to the contractor and apply for a building permit within 60 days of executing the grant agreement. Construction must begin within 90 days of execution of the grant agreement and be completed within 12 months of the execution of the grant agreement. Extensions may be granted at the discretion of the CRA Executive Director or designee, contingent upon the applicant's demonstrating just cause for such an extension. Modifications to the approved final plans or changes to the construction documents, which produce visible differences in the approved facade design, will require review and approval by the CRA and/or CRA staff. Failure to receive such approval shall invalidate the grant agreement, and the agreement will be deemed terminated. In the event the agreement is terminated, and if any grant funds have been disbursed to the applicant by the CRA as provided below, the disbursed funds shall become immediately due and payable to the CRA. Disbursements Generally, approved projects will receive reimburscment funding upon complction of the project and submission of all required receipts, invoices and documcntation. For projects in excess of $10,000 (grant and applicant match combined), where thc applicant cannot secure full funding for the project, the Executive Director of the CRA may approve the partial payment of grant funds once a project has reached agreed-upon milestones. In these cases, the applicant and the CRA will reach an agreement before construction begins on the tcrms and conditions of such a milestone and the amount of the partial payment. However. grant funds cannot be used to reimburse the applicant for any work done on the building prior to the date of a fully executed Grant Agreement between the applicant and the eRA. Funds will be disbursed by a check payable to the applicant (1) upon certification of completion by a County Building Official, or as agreed to with the CRA Executive Director; (2) CRA staff verification that the work was completed as proposed in a satisfactory and professional manner; and (3) submission of all receipts and rcquired documentation, including contractor invoicing, and evidence of payment of funds for reimbursement and match, to CRA staff. Funds will not be disbursed on projects that are not in accordance with the approved plans. The lmmokalee CRA will make the final determination as to whether the project is complete. Applicants must provide verification, satisfactory to the CRA, of all project costs, including contractor invoicing, and evidence of payment of funds for reimbursement and match, before grant funds can be disbursed. Application Process Summary I. Applicant submits a complete application to the CRA office. 2. CRA staff reviews application for completeness, accuracy and eligibility. 3. CRA staff presents recommendation to the CRA Executive Director and/or CRA, as appropriate. 6 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 12 of 21 4. Upon approval, the applicant will be notified in wntmg of the amount of the grant awarded and the documentation that must be provided before funds are released. Section 8 - Disclosures The CRA expressly reserves the right to reject any or all applications or to request additional information from any or all applicants. The CRA retains the right to amend the program guidelines and application procedures without notice. The CRA also retains the right to display and advertise properties that receive grant funding. Section 9 - Contact Information Questions on how to complete the application or on the viability of a proposed project should be directed to CRA staff at 239.252.2310 or 2313. 7 SEPTEMBER 2006 IMMOKALEE, FLORIDA 0 "' Mile. COMMUNTY R~DEV[LOFM[NT >.RE,' MMOKAL,,[L'RBAI'IBO:JNDARY ENTERPRLS~ 78NF.41'IOl ~ ,.EnFRAI..EMP01/VFRMF"T 7CNF RLRPlARE,~OFCR TIC.~L ECCNOMI COHCEq" 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 13 of 21 INCENTIVE PROGRAM AREAS IMMOKALEE. FLORIDA 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 14 of 21 EXHIBIT B IMMO~LEE C&A Community Redevelopment Agency iThe pl"ce to c"11 Home' Immokalee eRA I Commercial FaG.ade Improvement Grant Application Commercial Facade Grant Application (Detach and submit to eRA office.) Applicant Information Grantee Name Grantee Address Site Address Daytime Phone Alternate Phone E-Mail Address Do you own or lease the property? I I Occupational License No. I (if applicable Project Information Describe the existing conditions of the site (attach additional sheets if necessary). Outline the proposed improvements in detail (attach additional sheets if necessary). IU:QIIRI"I> \ II \( II~""" IS ~RO~I \I'I'II( '"" I: I) Olll' l'slJlII.llc (',H.'II 11'011I 1\\0 (01111.1(101 S tor c.H'1I pi Oll'll. I IlL'''' 1...()11I1.1I.-I\\I".l!..!.1il h... II,>lo.-d Illll1l \)1111111.. d,It,lb,j"\.' 2) HlISlllCSS ()\\ lIel'S; ('()P~ of Ol'l'upatiullallll'clISl', eRA STAFF: 1) Attach two color photos of each project to be performed. 2) Attach Property Appraiser ill. Estimated cost of improvements: Maximum grant award: $ $ 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 15 0121 EXHIBIT C COMMERCIAL FACADE IMPROVEMENT PROGRAM RECIPIENT AGREEMENT THIS AGREEMENT ENTERED this _ day of between the Collier County Community Redevelopment (hereinafter referred to as "CRA") and as "GRANTEE"). , _ by and Agency (CRA) (lmmokalee) (hereinafter referred to WIT N E SSE T H: WHEREAS, in Collier County Ordinance No. 2002-38, as amended July 22, 2008, by Ordinance 2008-40, the Board of County Commissioners delegated authority to the CRA to award and administer CRA programs and awards including contracts with business GRANTEES within the boundaries of the Immokalee CRA for CRA grants; and WHEREAS, the CRA Commercial Facade Improvement Program (hereinafter referred to as the Fa.;ade Program) allows for the use of CRA funds, in conjunction with private investments, for certain improvements to commercial structures located within the boundaries of the Immokalee CRA; and WHEREAS, the intent of the Facade Program is to increase commercial occupancy rates and property values within the CRA while revitalizing the overall appearance of the Immokalee Area; and WHEREAS, GRANTEE has applied for a fa.;ade grant in the amount of do liars; and WHEREAS, the CRA has determined that GRANTEE meets the eligibility requirements and was approved for a Fa.;ade Program award in the amount of dollars on ("CRA Approval"). NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration, the parties agree as follows: 1. GRANTEE acknowledges to the CRA that GRANTEE has received a copy of the Fa.;ade Program, that GRANTEE has read the Fa.;ade Program Policies and Procedures document, and that GRANTEE has had ample opportunity to discuss the Fa.;ade Program with GRANTEE'S counselor advisor. GRANTEE further acknowledges to the CRA that GRANTEE understands and agrees to abide by all of the terms and conditions of the Fa.;ade Program. GRANTEE agrees to the terms and conditions of the Fa.;ade Program attached hereto as Exhibit A and incorporated herein by reference. -1- 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 16 of 21 2. GRANTEE IS the record owner of property described as: 3. GRANTEE has agreed to make certain improvements to the property pursuant to the Fayade Program application submitted to the CRA dated attached hereto as Exhibit B and incorporated herein by reference. 4. CRA has approved an award to GRANTEE in the amount of $ administered pursuant to the tenns of this Agreement based on an estimated cost of $ to be 5. Unless prior disclosure is included in the grant application, no GRANTEE, or any immediate relativc of GRANTEE, shall serve as a contractor or subcontractor for the construction of the improvements and no GRANTEE or any immediate relative of GRANTEE, shall receive compensation for labor for the construction of the improvements. An immediate relative of GRANTEE shall include mother, father, brother, sister, aunt, uncle and cousin or family member by marriage to include mother-in-law, fathcr-in-law, brothcr-in-Iaw and sister-in- law. GRANTEE has verified that all contractors who have provided bids for the approved work are actively licensed by Collicr County and GRANTEE agrees that all labor will be performed only by the lowest bidding contractor. 6. GRANTEE agrces to obtain all necessary permits and submit any required plans to the Collier County Community Development and Environmental Services Division. Upon completion of the work, GRANTEE shall submit a closeout package to the CRA which will include all applicable (electrical, structural, fire, plumbing, ctc.) final inspection veritication from Collier County Building Inspection Division. The CRA, through its staft~ shall confirm that the improvements were constructed pursuant to the tenns of this agreement approved by the CRA and shall create a final report to include digital color photographs of the project before and after completion. 7. Within forty-five (45) days after confirmation that the improvements were constructed pursuant to the terms of the approved application, GRANTEE shall be issued a check in the amount of the award. However, if GRANTEE fails to make the improvements pursuant to the terms of this agreement, including construction start within 90 days of execution of the grant agreement and completion within 12 months of the exccution ofthc grant agreement, the award shall be deemed revoked and GRANTEE shall be entitled to no funding. 8. of Florida. This Agreement shall be governed and construed pursuant to the laws of the State 9. This Agreement, along with its incorporated attachments, contains the entire agreement of the parties and their representatives and agents, and incorporates all prior understandings, whether oral or written. No change, modification or amendment, or any - 2- 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 170121 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. 10. This Agreement is personal to GRANTEE, and may not be assigned or transferred by GRANTEE or to GRANTEE'S respective heirs, personal representatives, successors or assigns without the prior written consent of the C RA. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. GRANTEE(s): (1) Witness Signature By: Printed/Typed Name Printed/Typed Name (2) Witness Signature By: PrintedfTyped Name PrintedITyped ]\;ame ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By: , Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Marjorie Student-Stirling Assistant County Attorney This Agreement is to be signed and witnessed AFTER eRA staff has found the application to be complete. - 3- 166 3 EXHIBIT 0 Agenda Item No. 16G3 December 2, 2008 Page 18 of 21 IMMOKALEE CIl.A Community Re4evdoplllent Agency iThc: pbce to ul! Homel Immokalee eRA I Commercial FaGade Improvement Grant Application Lessor / Owner Authorization for Improvements I, ' owner of the property located at , understand that , who has a valid lease for the above listed property, authorize said tenant to complete the improvements listed under Section 2 of the completed Commercial Fayade Improvement Grant application and to request reimbursement funds from the Collier County Community Redevelopment Agency. Signature of Owner Date Signature of Owner Date (if jointly owned) STATE OF: COUNTY OF: The foregoing Lessor / Owner Authorization Form was executed before me this day of ,200_ by . owner of the property located at who: _ is personally known by me OR _ who has produced as proof of ident ity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 19 of 21 EXHIBIT E IMMOKAJ..." CI<A (OfnrnUllity Redevelopmentt\.jenc,/ iTh: Piau:: to Cdll Home! Immokalee eRA I Commercial Fa\;ade Improvement Grant Application Applicant Commitment of Resources 1/ we, , owner(s) / tenant(s) of the commercial property located at , have the funding and all other capability necessary to begin the site improvcments listed above and have the ability to complete all improvements within one year of the approval of the improvement grant by the Collier County Community Redevelopment Agency. I / we further affirm that payment for all work on approved improvements will come from accounts in my / our name(s) or the name(s) of entities registered in the State of Florida which I / we have incorporated or otherwise registered with the state (verification is required). Payment for improvements by from persons or entities not a party to this Grant Application is grounds for disqualification. Signature of Tenant (if leased) Date Signature of Tenant (ifleased) Date (if jointly leased) Signature of Owner Date Signature of Owner Date (if jointly owned) EXHIBIT F 16G 3 Agenda Item No. 16G3 December 2, 2008 Page 20 of 21 lMMO~jU;: C@.A Community Redevelopment A<jency i The Pbce to Call Home! Immokalee eRA I Commercial Facade Improvement Grant Project Summary & Evaluation Grantee Project Summary & Evaluation (attach additional sheets as necessary) Proiect Summary Describe the improvements made. List all vendors / contractors providing materials or services for this proiect with contact information. Vendor I Service Provider Phone Number or Address or Website Grantee Signature Date Grantee Signature Date CRA Staff: Color photos of completed project from site, visit must be attached to this report. 16G 3 EXHIBIT G Agenda Item No. 16G3 December 2, 2008 Page 21 of 21 IMMO~UEE C~ Community Rdevelopment Agency iThe Place to Call Home' Immokalee eRA I Commercial FaGade Improvement Grant Project Payment Request Payment Request On , the Collier County Community Redevelopment Agency approved funding in the amount of $ to cover a portion of the costs listed below through the Commercial Fayade Improvement Grant program: Improvement Cost Total I hereby eonfirm that all items listed above have been completed as outlined in the Commercial Fayade Improvement Grant application submitted to the CRA and authorized by the CRA. Therefore, I am requesting the approved funding in the total amount of $ as approved by the CRA. Grantee Signature Date The foregoing Payment Request Form was executed before me this day of ,200 ~ by , owner of the property located at , who: ~ is personally known by me OR ~ who has produced as proof of identity. Affix notarial seal Notary Public (Signature) Print Name of Notary Public Commission No: My Commission expires: IMPORTANT NOTE: NO REIMBURSEMENT WILL BE PROVIDED WITHOUT ATTACHING THE FOLLOWING: (I) VENDOR/CONTRACTOR INVOICE I RECEIPT Mill (2) COPY OF CANCELLED CHECK OR CREDIT CARD VALIDATION TO GRANTEE'S ACCOUNT FOR EVERY REIMBURSABLE EXPENSE. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE December 2, 2008 l6Jl I. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Minutes: I) Airoort Authoritv: Minutes of September 8, 2008. 2) Bavshore/Gatewav Triangle Local Redevelopment Advisorv Board: Minutes of October 7,2008; October 7,2008 Goals & Objectives Workshop for FY 2009. 3) Collier Countv Code Enforcement Board: Minutes of September 25,2008. 4) Collier Countv Planning Commission: Agenda of November 6, 2008 REVISED. Minutes of September 18,2008. 5) Development Services Advisorv Committee: Minutes of October 8, 2008. 6) Environmental Advisorv Council: Agenda of September 3,2008; October I, 2008. Minutes of September 3, 2008; October 1,2008. 7) Forest Lakes Roadwav and Drainage Advisorv Committee: Agenda of October 8, 2008. Minutes of June 11,2008 No quorum; September 10, 2008. 8) Historical! Archaeological Preservation Board: Minutes of September 17, 2008. 9) Immokalee Beautification Advisorv Committee: Agenda of September 24, 2008, Minutes of September 24, 2008. 10) Land Acquisition Advisorv Committee: Agenda of November 11,2008. Minutes of October 13, 2008. 11) Pelican Bav Services Division Board: A) Clam Bay Committee: Minutes of May 21,2008. 12) Public Vehicle Advisorv Committee: Minutes of October 6, 2008. 13) Rural Lands Stewardship Area Review Committee: Minutes of October 14, 2008; October 28,2008. B. Other: I) Code Enforcement Special Magistrate: Minutes of October 17,2008. 1611 '^\~ ~IP' w~\aS \"\et'lt'lit'lQ Co'i\e CO\e~'3 16 Fl A ~.,~., f""" r- . ~ W' "-'. ."'In-D. . .,' '" . .J ;':.~~ . 1:." ?~D~ j COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF REGULAR MONDAY, SEPTEMBER 8, 2008 MEETING ~.,,,:;,v t,:h';1IJi;;Sioners MEMBERS Steve Price Michael Klein Frank Secrest Lloyd Byerhof PRESENT: Jim Murray Dave Gardner Byron Meade STAFF: Theresa Cook Jim Kenney Debi Mueller Bob Tweedie Debbie Brueggeman Heidi Ashton-Cicko PUBLIC: Robert Breeder Marvin Courtright Tad Szymanski I. MEETING CALLED TO ORDER Meeting called to order at I :00 p.m. A quorum was present throughout the meeting. III. APPROVAL OF AGENDA Mr. Meade made a motion to approve the agenda. Mr. Gardner seconded, and the Agenda was approved by a 7-0 vote. IV. APPROVAL OF JUNE 9, 2008 MINUTES Mr. Byerhofmade a motion to approve the August 11,2008 minutes. Mr. Murray seconded, and the August II, 2008 minutes were approved by a 7-0 vote. V. FINANCE REPORT - APRIL 2008 There were no questions regarding the July 2008 finance report. No action required. VI. WORK ORDER/AGREEMENTS STATUS REPORT The work order status report provides an update of the outstanding work orders and contracts/agreements, including payments made to date. No action required. VII. EXECUTIVE DIRECTOR'S REPORT The Executive Director updated the Authority on the following items: F ederal Aviation Administration (FAA) and Florida Department of Transportation (FDOT). Annual meetings with the FAA and FDOT to discuss projects and funding will be scheduled over the next several of weeks. Marco Island Executive Airport. Discussions are underway with the City of Marco and Fiddlers Creek to acquire fill material for the taxiway project, which will require approximately 264,000 cubic yards of fill material. The closing on the acql!isitio~ ofthe 2.73 acres from WCllndustries has been delayed because ofWCI's Cha~~'fMmng. .-! Following the acquisition of the 2.73 acres from WCI, the design of the is!ng/apronQ. -DJ.-u'6 expansion will need to be revised to incorporate the 2.73 acres. The design ~lb / 0 AI taxiway is due by December 2008. Item #: If I I-'r " "."s to CCAA Minutes September 8, 2008 16 tUPage21 Immokalee Regional Airport. A Brownfield coalition is being formed in order to take advantage of potential federal funding opportunities. The Authority has received a "Letter of Conditions" for the $495,000 USDA grant for the 20,000 square foot manufacturing facility, and USDA Rural Development has allocated funds for the project. Collier Enterprises has temporarily put the Tradeport DR! on hold because of the current state of the economy. The Site Development Plan (SDP) for the Apron expansion should be through the County permitting process by the end of September. Collier Enterprises is currently working on an appraisal of the 103 acres required for the near- term extension of Runway 9/27. Everglades Airpark. The Authority is waiting on a permit from the South Florida Water Management District (SFWMD) for the south taxiway. Bids for the T-hangar building are due on September 12, 2008. VIII. OLD BUSINESS Mr. Meade made a motion to approve Resolution No. 08-40 approving and authorizing the Authority's Executive Director to execute URS Corporation Southern Work Order # URS-FT-3889-08-06 in the amount of$51,866 for engineering services required for a Site Development Plan (SDP) for a 20,000 square foot manufacturing facility at the Immokalee Regional Airport, contingent upon award of the United States Department of Agriculture Rural Business Enterprise Grant in the amount of$495,000. Mr. Murray seconded, and Resolution No. 08..40 was approved unanimously. IX. NEW BUSINESS A. Airport Land Use Review. The Authority discussed land use and zoning regarding land surrounding airports. Most of the land surrounding the Immokalee Regional Airport is currently zoned agriculture or industrial. The Airport Authority's input would be solicited for any requests by the land owners for zoning changes of any property adjacent to the airport. B. Executive Director's Performance Evaluation for fiscal year 2008. The Collier County Airport Authority's Executive Director's Employment Agreement specifies that Theresa Cook shall automatically receive the generally applicable Cost of Living Adjustment (COLA) approved by the BCC each respective fiscal year. Mr. Gardner made a motion that, remaining consistent with the County, a pay increase for the Executive Director be equal to the COLA being granted County employees, and that the Executive Director be granted a service award of one (1) additional week of vacation for fiscal year 2009 that can be taken in time only and cannot be sold back to the County. Mr. Meade seconded, and the Authority unanimously approved one (1) additional week of vacation for the Executive Director in fiscal year 2009 that cannot be sold back to the County. C. Mr. Meade made a motion to reschedule the October meeting of the Collier County Airport Authority from October 13, 2008 to October 6,2008. Mr. Secrest seconded, and the motion to reschedule the October meeting for October 6, 2008 passed unanimously. Y- \,1dministration\AA Board\/'v/inutes\FY 20081()9-()8~()8 minules.docx CCAA Minutes September 8, 2008 16 (1 A 1 Page 3 X. PUBLIC COMMENT Mr. Courtright provided the Authority with a proposal for Hummingbird Flight Service LLS, commercial aeronautical activities, at the !mmokalee Regional Airport. XI. ADJOURNMENT The meeting was adjourned "without objection." Y:lAdministrationlAA Board\Minufes\09-08-08 minutes.docx 1 b 1~1 A"') V" F'Qa ~ THE BA YSHORE/ GATEWAY T RIANGLE REDEVELOPMEN1H~~N~~ r:1-'F~\/~AlMMUNITY REDEVELOPMENT AGE~ e 9 '1')./ R,,,,,, , "..", t~~169 BAYSHORE DRIVE, NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.7759.9 NOVsAfsmg~E/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT LOCAL ADVISORY BOARD "",." .,...... p,"""'''''''''''' MINUTES OF THE OCTOBER 7,2008 MEETING The meeting of the Bayshore/Gateway Triangle Community Redevelopment Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 6:05 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call - Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Steve Main, Karen Beatty and Ron Fowle. Excused Absence: Maurice Gutierrez, Jill Barry, Bruce Preble and Bill Neal. CRA Staff Present - David Jackson, Executive Director, Jean Jourdan, Project Manager, Sue Trone, Operations Analyst and Shirley Garcia, Operations Coordinator. Countv Staff Present - Marjorie Student-Stirling, Assistant County Attorney. 2. Adoption of Aoenda - 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 Ms Beatty. Second: Mr. Main. Approved 5-0. 3. Adoption of Minutes - Chairman Thomas asked for a motion to approve the September 8, 2008 Workshop and Regular Meeting minutes: Motion: Mr. Main. Second: Mr. Fowle. Approved 5-0. 4. Executive Director: a. Presentation - Code Enforcement - Mr. Jackson introduced Patricia Petrulli, Mario Bono, Joe Mucha and Thomas Keegan from Collier Code Enforcement to give and update on CRA area activities. Mr. Bono expressed concern over vacant properties and vagrants. As more properties become short sales and foreclosures, more houses will be unattended, thus possible targets for vandalism. Mr. Mucha described his activities in property maintenance and that two trailers and two houses were scheduled for demolition. Mr. Keegan discussed the decrease in 911 calls to law enforcement and boarding certificates issued to two sites in the CRA. Mr. Thomas thanked the group for their presentation and the work they are doing for the community. b. Proiect Updates: I. Board Attendance - Mr. Jackson handed out a Board attendance log and pointed out the CRA By Laws that states a Board member shall not miss 2/3rds of any fiscal year meetings, or miss two consecutive meetings without and acceptable excuse. il. Residential Infill Update - Ms Jourdan gave an update on the infill RFP issued last month. Kaye Homes was the only submission received and the committee agreed to enter into discussions to arrive at an acceptable agreement to build homes on CRA-owned lots. The final agreement will go through the Attorney and then to the CRA Board. Me Jourdan also updated the Board on appraisals received on lots of interest to the CRA. Property values continue to fall, and two appraisals were $45,000 and $47,000 for similar sized lots in the same neighborhood. The owner of two lots offered to the CRA will not sell them at the appraised value. Ms Jourdan informed the Board that at their request, she will advertise an RFP for builders to quotes construction prices on two CRA- provided floor plans on a CRA-owned lot. When the RFP is answered, the results will be brought to the CRA-AB. Misc. Caffes: Date: l~-VJ--D~ !tem# \ to Ii LJAJ-- October 7, 2008 CRA~AB Minutes ~ L. ;'!, A' ....10 t_( iii. CRA Grant Modification - Ms. Trone stated that the revised and new CRA grant proposals were being reviewed by the County Attorney's Office. At this time no significant changes had been recommended and she expected them to be approved by the CRA Board in October. iv. Strand Case Appeal - Mr. Jackson advised the Board that there was motion filed to rehear the Florida Supreme Court's Strand case reversal. He will keep the Board informed. 2 5. Old Business: a. CRA Debt Capacitv Review. Mr. Jackson discussed a 2007 memorandum from Public Financial Management (PFM) who is the County's financial consultant. In that memo, a determination of the CRA's debt capacity was outlined. In the Board's packet was a September 2008 memo from PFM stating that the since the Stand Case has been reversed, and based on the economy and County AA rating, the CRA could resend and RFP for a line of credit. The Board concurred that an updated analysis should be conducted, and that if the CRA was going to RFP for additional debt capacity as in a line of credit, it should be for the maximum amount. 6. New Business: a. Site Improvement Grant Approval - 2737 Shoreline Drive. Ms Trone advised the Board of a grant application to improve a single-family home with upgraded windows and doors, storm shutters and expansion of an existing driveway. The CRA's portion of the project would be $7,676 as a 33% matching grant. Motion to approve and forward to the CRA Board: Mr. Main. Second: Mr. Fowle. Approved 5-0. b. Security Fencing for CRA-Owned Property. Ms Garcia briefed the Board on recent clean up activity on the CRA's 17 acre parcel. From time to time vagrants have to be evicted and their mess cleaned up at a recurring cost to the CRA. Three quotes for install fencing were obtained and Ms Garcia recommended approval of the lowest quote that met specifications to Carter Fence Company in the amount of $3,425.00 for a 36 month lease. Motion to approve: Mr. Main. Second: Ms Beatty. Approved 5-0. c. Trianqle Pond Fundinq Discussion. Mr. Jackson advised the Board that two meetings have occurred with County Stormwater Department and that he had an informal discussion with Mr. Norm Feder, Transportation Division Administrator. An e-mail trail was provided to the Board in their packets that showed and interest in completing the Pond's Phase II if the CRA helped with funding. In Board discussion there was concern on documenting a commitment from the County to repay the CRA in the next year. Assistant County Attorney Student-Stirling advised the Board that there would most likely be an inter-local agreement executed between the CRA and BCC. Motion to go forward with the recommendation to the CRA Board to consider executing an inter-local agreement with the BCC to loan the amount of TIF needed to cover the "to be determined" shortfall in the BCC budget and repaid to the CRA form the FY2010 BCC general fund: Ms Beatty. Second: Mr. Fowle. Approved 5-0. d. Executive Director Annual Evaluation Letter. Mr. Thomas showed the Advisory Board a letter he drafted to send to the CRA Board on the occasion of the Executive Director's annual performance evaluation. Motion to approve the Advisory Board Chairman to send the letter on behalf of the Advisory Board: Mr. Gunther. Second Mr. Main. Approved 5-0. e. Set Goals III Workshop Date. Ms Beatty suggested the Board meet at 5PM on their regular meeting date of November 4th to review the goals, objectives and strategies that are to be revised by the staff. The board members agreed and asked staff to advertise the workshop to the public. October 7,2008 CRA-AS Minutes 2 .. ' 16/1 Ii 2 7. Citizen Comments. Mr. Thomas asked if there were any comments from the public in the audience. Mr. Rick Sawiki about the Pond Phase II work and what it entailed. Ms Vicktoria Nicklos asked to see the design of the residential infill houses. 8. Adiournment: The regular meeting was adjourned at 7:25 pm. ~ed by Lindsey Thomas, CRA-AS Chairman. October 7, 2008 eRA-AB Minutes 3 o Lu= "'" ~5 ::~" ....... 16 r-J,~A 2 Tf,HE BAYSHOREjGATEWAY TRIANGLE REDEVELOPMENT~I~:NL~ ~J.I /~ '2 COMMUNITY REDEVELOPMENT AGE~MNng -1'lJ....1 i; 4069 BAYSHORE DRIVE SUITE 1 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239etJyte56 :eA'tSHORE/GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY LO oR e ,BoARD MINUTES OF THE OCTOBER 7, 2008 GOALS & OBJECTIVES WORKSHOP FOR FY2009 THe 2009 Goals and Objectives Workshop II for the Bayshore/Gateway Triangle Community Redevelopment Agency Advisory Board was called to order by Chairman Mr. Lindsey Thomas at 5: 15 p.m. at the CRA Office Meeting Room 4069 Bayshore Drive. 1. Roll Call: Present: Advisory Board Members: Lindsey Thomas, Chuck Gunther, Karen Beatty, Steve Main and Ron Fowle. Bruce Preble. Excused Absence: Bruce Preble, Bill Neal, Jill Barry and Maurice Gutierrez. CRA Staff Present: David Jackson, Executive Director, Jean Jourdan, Project Manager, Sue Trone, Operations Analyst and Shirley Garcia, Operations Coordinator. 2. CRA-AB Chairman Welcome and Remarks. Mr. Thomas welcomed the audience and related how important it was for everyone to participate in this second goal setting session. 3. Overview of CRA Accomplishments 2008. Ms Trone gave a powerpoint presentation that summarized the work of the advisory board form the September workshop. The Board's work was reformatted into a Goal-Objective-Strategy framework. 4. Board Discussion. The goals worksheet was discussed thoroughly. Board inputs were for the staff to eliminate redundancy where it occurs and rework the objectives to include measurable and timed criterion. Mr. Thomas asked that the board return in November to review the revised documents. 5. Chairman's Closing Remarks. Mr. Thomas thanked everyone for their time, effort and contribution to the goal session. He invited all to stay for the regular meeting to follow. 6. Adiournment: Mr. Thomas adjourned the workshop at 6:00 PM. A ~ / - ~ ed by Lindsey Thomas, CRA-AB Chairman. Mise Corres: ]ate October 7,2008 eRA-AS Workshop Minutes 16 j""l A '% / September~, 2008 RANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida September 25, 2008 RECEIVED NOli 0 4 2008 Fiala Halas Henning coyle COletta B02tr1J uf COlHltv Co,nmissloners LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION at Community Development Services, 2800 North. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Gerald Lefebvre Larry Dean Kenneth Kelly Edward Larsen Richard Kraenbring Lionel L'Esperance George Ponte Robert Kaufman ALSO PRESENT: Diane Flagg, Code Enforcement Director Jean Rawson, Attorney for the CEB Jennifer Waldron, Code Enforcement InvestigativeM~u~:visor Date: l 'd---Dd.- -~ Page 1 ltem#: lloI (1)A~ Copies to 1611A ~ September 25, 20~ CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement Board meeting to order. The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak at any agenda -- -- on any agenda item will receive up to five minutes, unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. 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 being based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing the record. If there's anyone that would like to stipulate their case, there's a room across the hall that's available for discussion with the code enforcement. And also, ifthere's anyone that would like to speak, please come forward and talk to Jennifer right here on the left, so that we can address you at the time of the case that you want to speak about. Thank you. And can I have the roll call. MS. WALDRON: Mr. Ed Larsen? MR. LARSEN: Present. MS. WALDRON: Mr. George Ponte? MR. PONTE: Here. MS. WALDRON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. WALDRON: Mr. Kenneth Kelly? , Page 3 161'1 A 3 September 25, 2008 MR. KELL Y: Here. MS. WALDRON: Mr. Larry Dean? MR. DEAN: Here. MS. WALDRON: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. WALDRON: Mr. Richard Kraenbring? MR. KRAENBRING: Present. MS. WALDRON: And Mr. Robert Kaufman? MR. KAUFMAN: Here. CHAIRMAN LEFEBVRE: And the agenda? Changes? MS. WALDRON: For the record, Jen Waldron, Collier County Code Enforcement Investigative Supervisor. We do have some changes to the agenda this morning. CHAIRMAN LEFEBVRE: If you can go slowly, because-- MS. WALDRON: I will. The first change will be under No. 4.A. We are adding a request for continuance, which was number C.6, BCC versus Andres Reyes Trust. The next will be an addition under 4.A. It will be 4.A.2, BCC versus Caribe Investments. This is a motion for extension of time. Under 4.B, stipulations, we would like to move C.1 0 as 4.B.1, BCC versus Richard and Judith Sizer. MR. KRAENBRING: That's going to be a stipulation? MS. WALDRON: Stipulation, yes. 4.B.2 will be BCC versus Empire Developers Group, LLC, which is C -- 4.C.2 currently. Will be 4.B.2. 4.B.3 will be BCC versus Roberto Reyes, which is currently 4.C.9. That's it. CHAIRMAN LEFEBVRE: Can I have a motion to approve the agenda? MR. LARSEN: So moved. Page 4 16 I I se~emb225, 2008 CHAIRMAN LEFEBVRE: And do I hear a second? MR. DEAN: Second. MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. KRAENBRING: Raise your hand when you second. CHAIRMAN LEFEBVRE: Approval of the minutes for August 22nd, 2008. May I have a motion? MR. LARSEN: So moved. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: And we'll move on to -- MR. KELLY: One abstention. CHAIRMAN LEFEBVRE: We'll move on to the public hearings, motions. And the first one will be BCC versus Richard and Lisa Kames. MS. STUDENT-STIRLING: For the record, Marjorie Student-Stirling, Assistant County Attorney. I understand from staff that this letter that went out for the notice Page 5 16/1 A ~ -September~, 2008 apparently was not delivered. The gentleman was informed bye-mail, but he did not show up. Technically it's a technicality, but we think we should re-notice him by certified mail so, you know, we have absolutely good notice and there's no technicalities. CHAIRMAN LEFEBVRE: Any discussion, questions? MR. KRAENBRING: I make a motion that we approve the rehearing. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Can I make a suggestion? I'm not sure that you want to approve the rehearing or just continue the motion for rehearing. MR. LARSEN: What was the application? MS. WALDRON: It was a motion for rehearing. You just want to continue it till next month? MS. RAWSON: I don't think you want to grant the -- MS. WALDRON: Right. MS. RAWSON: -- rehearing. She's right. MS. WALDRON: You don't want to grant the rehearing, which I think is what you just did. Page 6 l b L-% A SePtember~, 2008 MR. KRAENBRING: So I'll remove that and we'll go with the county's recommendation to just continue it. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. KRAENBRING: Thank you. CHAIRMAN LEFEBVRE: And the next one would be Andres; is that correct? MS. WALDRON: Sure, you can do that one next. MR. LARSEN: It's BCC versus Reyes Trust Andres. It's under C.6. CHAIRMAN LEFEBVRE: Motion to continue, correct? MS. STUDENT-STIRLING: Yes. Again, Mr. Chairman, members ofthe board, Marjorie Student-Stirling, again, Assistant County Attorney. This property has recently changed hands, so it's being continued so we can properly notifY the current property owner. CHAIRMAN LEFEBVRE: Can you please state your name and MR. REYES: My name is Andres Reyes. CHAIRMAN LEFEBVRE: And you were the previous owner; is that correct? Page 7 T6 l' r!~ 3 September 25, 2008 MR. REYES: Yes, sir. (Speaker was duly sworn.) CHAIRMAN LEFEBVRE: And is that correct, you sold it a couple days ago, or -- MR. REYES: I never buy this property. I'm not a previous owner in this property. CHAIRMAN LEFEBVRE: Okay. MS. STUDENT-STIRLING: For the record, I'd rather not get into the merits of the matter here. Suffice it to say, two days ago a deed was recorded from this gentleman to a subsequent purchaser, so we knew to notify them. And we should not be getting into the merits without the current owner present -- CHAIRMAN LEFEBVRE: Okay, very good. MS. STUDENT-STIRLING: -- and properly noticed. CHAIRMAN LEFEBVRE: Okay. Do I hear a motion to continue to -- MR. KRAENBRING: Make a motion to continue. MS. WALDRON: We would like to continue till November. CHAIRMAN LEFEBVRE: Till November. MS. WALDRON: Uh-huh. CHAIRMAN LEFEBVRE: Okay, so two meetings from now. Do I hear a motion to continue until November? MR. KRAENBRING: Make a motion to continue till November. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. Page 8 16 I 1 lJ ~ . ~ep;e~bet15, 2008 MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Okay, the next one will be for a motion for extension of time. BCC versus Pry of Naples, LLC. Maybe they're in the other room. MR. KRAENBRING: Do we have a representative from the county? MS. WALDRON: Yeah, he's coming. CHAIRMAN LEFEBVRE: Yeah, Kitchell Snow's coming. Trying to be two places at once? MR. SNOW: Yes, sir. (Speakers were duly sworn.) MR. COOK: My name is William R. Cook, Jr. I'm representing the Hess Corporation today. And we're here today to ask for a time extension. We -- there are several signs on the property that need to be permitted. We have the J.D. sign permitted, but two wall signs had to be permitted. And I was only aware of the one being permitted -- needing a permit for it. So I'd like to request a 60-day extension to get those other ones permitted. MR. LARSEN: What's the county's position? MR. SNOW: For the record, Supervisor Kitchell Snow. I have been in contact with the respondents. They have been diligent on what they're trying to do. We believe the -- along with the board's approval with the time is fine. Sixty days would be fine, as long as the board approves that. CHAIRMAN LEFEBVRE: Do I hear any discussion? MR. PONTE: I have a question. We've already given 60 days before, and now we're going another 60 days. That's 120 days. What's so complicated about the Page 9 1 6 J S~tem~er 2~ 2008 sign? MR. SNOW: Sir, a lot of times they're going to have to get a sign company, which he's doing, or maybe change the sign, change copy on the sign, figure out where they can put the sign. They may even have to change the sign because it may not be allowed to be there specifically. So that's why we need to do -- this is in conjunction with the original. They've done the pole sign but this is a wall sign. They had two. They can only have one. They've got to change it and figure out how they want to do that, which requires engineered drawings and other problems. So they're starting the process all over again. 1 don't know how far -- 1 believe they're pretty far along. MR. COOK: Yes, sir, we --1 have the drawings for one of the signs, but 1 was unaware that the other sign of the building had to be changed. And actually 1 submitted the sign package in on the 5th of September, but was told that the second sign had to be permitted as well, so I'm waiting for those drawings to be done. MR. PONTE: Thank you. CHAIRMAN LEFEBVRE: Any further questions of the board? MR. KAUFMAN: Has the fine been paid yet? MR. SNOW: Operational costs is what you're talking about? MR. KAUFMAN: Yes. That was due in 30 days, according to-- MR. COOK: That was an $89.43 one? Yes, 1 paid that, sir. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: 1 move to approve the extension of time. MR. KRAENBRING: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. Page 10 1611;q ~ September1'S,2008 MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. SNOW: We thank the board. CHAIRMAN LEFEBVRE: Next case will be Caribe Investments of Naples. And is the respondent present? (No response.) (Speaker was duly sworn.) MS. FLAGG: Mr. Chair, I will offer that we did receive a phone call that some folks showed up at the BCC chambers, so it may be that they're on their way here. I don't know about them in particular. CHAIRMAN LEFEBVRE: Do we want to push this back a little bit and give them some time to see if they -- MS. RAWSON: I would. CHAIRMAN LEFEBVRE: Okay. MR. KELLY: Mr. Chair, if it's easier, I'm in favor of granting the extension. There is a letter that accompanies the request, and it looks pretty reasonable to me. I think they're just safeguarding the fact that they might be running a little close to the time that we originally gave them, and they're just asking for a slight extension. So if it pleases the rest of the board if we grant it now, we might save the placement in the agenda. CHAIRMAN LEFEBVRE: What time frame are you recommending? MR. KELLY: Well, they're saying that it's supposed to be done somewhere around the 18th. However, we're giving them to the 24th. So they're not even sure that they're going to not comply. I think another 30 days would be reasonable, given the fact that it is going to Page 11 IhJ IA ~ ~eptember 2),"2008 be close. MR. KRAENBRING: Does the county have a position on this? MR. LETOURNEAU: We have no objection. They're not-- there's nobody occupying the two units at this moment, so it's not really any kind of a health or safety factor. And they did have a change on their permit on September 10th I think they had to deal with too, so I think they're being pretty much aboveboard with this request. MR. KRAENBRING: Mr. Kelly, do you have a motion on the floor? MR. KELLY: Sure, I'll make a motion that we grant a 30-day extension on the original order. MR. KRAENBRING: Second. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is approved. MR. LETOURNEAU: Thank you. CHAIRMAN LEFEBVRE: The next one will be on -- we're moving on to stipulations. MR. KELLY: Can I just real quick, I have a question. Going back to -- before we leave and go to the stipulation section, back on the original request for rehearing, on the Andres Reyes Trust, was that a hearing that we did here and there was an order entered? Because if Page 12 16;f '"~ ~ September 25, 2008 there was, wouldn't -- MS. WALDRON: No. MR. KELLY: -- it be a rehearing? MS. WALDRON: Therewasnohearingyet. MR. KELLY: Oh, there wasn't? Okay, very good. CHAIRMAN LEFEBVRE: And on to stipulations. First one will be BCC versus Richard and Judith Sizer. (Speakers were duly sworn.) MS. O'FARRELL: Good morning. For the record, Susan O'Farrell, Environmental Specialist for Collier County Code Enforcement. This is in reference to Case No. 2007100109, with violation of a deficient required buffer between the vehicular use area and the right-of-way. Its violation is located at 2090 J&C Boulevard, Naples, Florida. Service was given on March 5th when the property was posted, along with the courthouse. It was also sent by certified mail, which was signed for on March 28th, 2008. Now I'd like to present the stipulation that is agreed to by Mr. Sizer and the county, whereby Mr. Sizer agrees to a violation existed, and he will pay the operational costs incurred in the case. The violation has been abated. MR. KELLY: I make a motion that we accept the stipulated agreement. CHAIRMAN LEFEBVRE: Has everyone read it first? I have a motion, do I have a second? MR. PONTE: I'll second. MR. LARSEN: Hold on. MS. O'FARRELL: And I have copies of the abatement, if you'd like to see them. MR. KRAENBRING: 1 think the one thing that we all can say is Page 13 1 ~JpJmb~ 25,-1008 that the operational costs need to be paid within 30 days. Is that something we can enter into that stipulation? It's only $87, but still. MR. KELLY: That's standard now. So I'll amend the motion to accept the stipulated agreement with the addition that the op. costs be paid within 30 days. MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is passed. MS. O'FARRELL: Thank you. CHAIRMAN LEFEBVRE: Next stipulation will be Empire Developers Group, LLC. (Speakers were duly sworn.) MR. BALDWIN: Good morning. For the record, Investigator Patrick Baldwin, Collier County Code Enforcement. This is in reference to Case No. CESD20080007919. It's dealing with the violation of disturbed land in Vita Toscana. It has not been hydro-seeded and they're now creating dust. That's located at Folio No. 00186000005. It's south ofOlde Cypress, just north of Immokalee Road. Personal service was given on 7/1/08 to a Maria Gutezzia (phonetic.) Now I'd like to present the stipulation agreement that we've entered in. Page 14 16s!p~m~er15, 2~8 The Board of County Commissioners, Collier County, Florida, versus Empire Developers Group, LLC stipulation agreement. The violation noted in reference of notice of violation are accurate and I stipulate to their existence. The violations are that of sections of the Florida Building Code 2004 Edition, Chapter I Permits, Section 22-26, subsection 105.5.5 and 04-41, the Collier County Land Development Code, as amended, Sections 4.06.04A.1.a.vii(a-d), and they are described as the elevated lots in Vita Toscana have not been hydro-seeded and now are creating dust. Therefore it is agreed that both parties, the respondent shall: Pay operational costs in the amount of $88.43 incurred in the prosecution of this case. And number two: They abate all violations by hydro-seeding all disturbed land in Vita Toscana within 14 days of this hearing or a fine of $180 will be assessed until the violation is abated. And B: The respondent must notifY the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. CHAIRMAN LEFEBVRE: We do have someone from the public that would also like to speak about this case too; is that correct? MS. WALDRON: Yes. CHAIRMAN LEFEBVRE: Before we make a motion, I'd like to hear it. MR. KELLY: Actually, I have a question. CHAIRMAN LEFEBVRE: Go ahead. MR. KELLY: Investigator, did you say that was a fine of$180 flat fee, or is it $180 per day? MR. BALDWIN: $180 per day. MS. WALDRON: We do have a speaker. Ms. Diane Ebert, if you'd like to come forward. MS. EBERT: All the community is-- CHAIRMAN LEFEBVRE: If you could-- Page 15 1 RpL~~ 25, ~08 (Speaker was duly sworn.) CHAIRMAN LEFEBVRE: If you can please state your name. If you could pull the mic down to you so we could hear you. THE COURT REPORTER: Spell your last name, please. MS. EBERT: Yes, E-B-E-R-T. Diane Ebert from Olde Cypress. All that we really wanted is to have the whole area hydro-seeded. They have known this since last November. And the people would be very happy if they just plain hydro-seed the whole thing. That's all we request. CHAIRMAN LEFEBVRE: That's what we have in the stipulation, and that's what they've agreed to at this point. Thank you very much. If you can step up, have a couple -- if you can bring the mic up so we can hear you. If you could state your name for the record and also -- you're not Mr. Slavich, I know that, so -- MR. FRALEY: That is correct. I'm Gene Fraley, Vice-president of Empire Builders. THE COURT REPORTER: Mr. Fraley, could you spell your last name, please. MR. FRALEY: F-R-A-L-E- Y. CHAIRMAN LEFEBVRE: And do you have the authority to -- MR. FRALEY: Yes, I do. CHAIRMAN LEFEBVRE: -- agree to the stipulation? Okay. Any questions? (No response.) CHAIRMAN LEFEBVRE: Anyone else have any questions? (No response.) MR. KRAENBRlNG: No, it seems to me 14 days, is that good for the -- for you, ma'am? MS. EBERT: That's fine. MR. KRAENBRING: All right. Page 16 11'.... , . -- 1 t.. I l ~ePtember~5, 2c3s CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KELL Y: I'm more concerned as to whether or not you can get it done in 14 days. Do you have a contractor lined up and ready to go? MR. FRALEY: Yes, we do. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I'll make a motion that we accept the stipulation agreement as so proposed and as executed by the county and by the respondent. MR. L'ESPERANCE: I'll second that. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Thank you. Next stipulated agreement will be BCC versus Roberto Reyes. Swear the parties in, please. (Speakers were duly sworn.) MS. PEREZ: Just for the record, Mr. Gallegos is going to help the respondent translate. (Interpreter was duly sworn.) MS. WALDRON: Can we request that everyone please make sure to speak into their microphones also. CHAIRMAN LEFEBVRE: Go ahead, Investigator. MS. PEREZ: Good morning. For the record Senior Investigator Christina Perez. This case is in reference to Case No. 2007090686, dealing with the violation of an expired pool permit. Page 17 16 tS~tJ!ber 3, 2008 ,t" , _ Location of the violation was at 3330 33rd Ave. Northeast in Naples, Florida, 34120. Notice of violation was given on September 24th of2007 to the Respondent Roberto Reyes. We met this morning here at today's hearing and we agreed to come into stipulation with the county. The stipulation reads as follows: The respondent agrees to pay the operational costs in the amount of$87.87 incurred in the prosecution of this case. And also to obtain a Collier County building permit for a pool and all inspections through certificate of completion within 120 days of the date of this hearing or a fine of $200 a day will be imposed until the violation is abated. Or obtain a demolition permit for the pool and all inspections through certificate of completion within 120 days of the date of this hearing or a fine of $200 a day will be imposed until the violation is abated. Also, that the respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm abatement -- compliance, I'm sorry. Would you like me to repeat the number two? THE COURT REPORTER: No, thank you. CHAIRMAN LEFEBVRE: One question I have is what stage of completion is this pool at now? Does it have a fence around it, a cage, is it secure? MS. PEREZ: The entire property has a fence around the property, and that has a valid permit. There's only two inspections, which is a final inspection and site drainage, which we discussed. And he said that maybe within the next month he would be able to complete that. CHAIRMAN LEFEBVRE: All right, 120 days seems like a long time, and $200 a day fine seems like a lot, if it's not a health and safety Page 18 1611A ~ Septembd25, 2008 issue. And he seems pretty close to being done. You know, ifthere wasn't a fence protecting it or so forth, then I could see a $200 a day fine, but personally I feel that that might be a little bit excessive. MS. PEREZ: And just for the record, this is the second permit that has expired for Mr. Reyes, so this new permit that he would apply would be the third permit that he would be applying for. So which is why, you know, we give him the sufficient amount of time for him to be able to complete it. But then, you know, because of the fact that this would be the third permit that's being obtained. MR. KRAENBRING: The pool's completed? MS. PEREZ: Besides those two inspections, yes, which would be a final -- there's a final pool inspection and a site drainage inspection. MR. KRAENBRING: So it's just a failure to get the inspections. MS. PEREZ: To finish those two, yeah. CHAIRMAN LEFEBVRE: Any other questions of the board? MR. KELLY: I'm interested to hear what George thinks about the time. MR. PONTE: I think the time is long and I think the fine is high for something that's near completion. MR. KRAENBRING: Can I ask the county why 120 days -- is that the amount of time you think is necessary in order to get these inspections? MS. PEREZ: There's -- he still has to do some work, according to what he told me, especially with the site drainage. He has a narrow lot and he has to make a retaining wall. So that's -- you know. And he was expressing to me that he's just had a lot of financial hardships, which is why he hasn't been able to complete that. MR. KRAENBRING: Well, then, you know, just sort of -- my thought is that if 120 days is fine, there's no health and safety issue here, he's got to take care of some landscaping, and then the $200 fine Page 19 16flA 3 September 25,2008 actually pushes him to get it done. So I'm kind of thinking that the county's position is correct. MR. L'ESPERANCE: I would agree with your statement. MR. LARSEN: I just want to ask, this pool, it's a residential pool, correct? MS. PEREZ: Yes. MR. LARSEN: Okay. And it's behind a house? MS. PEREZ: Yes. MR. LARSEN: And is the house occupied? MS. PEREZ: Yes. MR. KRAENBRING: It's occupied by the -- MS. PEREZ: By the owner. MR. KRAENBRING: Okay. MR. LARSEN: And there are the applicable safety fences, or not? MS. PEREZ: He has a fence throughout the whole property with a gate in the front. MR. KAUFMAN: Does the pool have water in it? MS. PEREZ: Yes. MR. KAUFMAN: Are they using it? MS. PEREZ: Yeah, that would be something that you would have to ask him. MR. DEAN: This is a single-family dwelling, right? MS. PEREZ: Yes, it is a single-family home in the Estates. MR. DEAN: Thank you. MR. KRAENBRING: Do we want to hear from the respondent? MR. LARSEN: Mr. Chairman? THE INTERPRETER: What would you like me to ask him? CHAIRMAN LEFEBVRE: Do you have a direct question for him? MR. LARSEN: Are you using the pool currently? THE INTERPRETER: He said yes. Page 20 16f' A ~ sePteler 25, zt')'08 MR. LARSEN: What is the additional work that you have to do before you can get the inspections? THE INTERPRETER: According to what he said, he said the landscaping -- with what she said about the drainage wall, I don't know, he said something about some drainage wall similar to what she said. MS. PEREZ: Retaining wall. CHAIRMAN LEFEBVRE: Retaining wall. THE INTERPRETER: Retaining wall. CHAIRMAN LEFEBVRE: Is that correct? THE INTERPRETER: Yeah, that's what he said. That's what he needs to finish. MR. LARSEN: And is he going to be able to finish it within 120 days? THE INTERPRETER: He said yes, he should be able to finish it in 120 days. MR. LARSEN: Thank you. I have no further questions. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: Just the one thing. Just please let this gentleman know the severity of the fine. I mean, Mr. Chairman, just -- I think he needs to know that -- I'd like to hear him say that-- CHAIRMAN LEFEBVRE: Well, that's part of the stipulated agreement. MR. KRAENBRING: Right. CHAIRMAN LEFEBVRE: But he does understand that there will be a $200 fine -- if we do agree to the stipulation -- after 120 days, $200 fine every day per day. THE INTERPRETER: He says he understands. CHAIRMAN LEFEBVRE: We'd also like to see operational costs paid within 30 days of this hearing. MR. PONTE: Mr. Chairman, I would just like to suggest to the board that we consider reducing the fine. Just a matter of consistency. Page 21 16tlJ-\ 3 September 25, 2008 $200 a day fine whether imposed in fact or not is on the books. And -- our books. And I just think it's a very severe fine, harsh fine for a pool in your backyard that's near completion. I don't think the fine should be anything like that. MR. KELL Y: I have a question for the respondent. CHAIRMAN LEFEBVRE: Go ahead, Mr. Kelly. MR. KELLY: Sir, do you have either an alarm system on the doors and windows going to the pool or a security fence around the pool to stop children from going into it? THE INTERPRETER: No, he says he doesn't. And he says he doesn't have no kids. MR. KELLY: Florida Building Code 2001 requires either one of those as a prevention to go into -- for drowning purposes. MR. L'ESPERANCE: I believe I heard testimony from the county that there is a fence around the property, however. MR. KELLY: However, there needs to be one around the pool -- MR. L'ESPERANCE: Correct. MR. KELLY: -- ifthere's a cage. Or an alarm system. So it might constitute a health and safety issue. MR. L'ESPERANCE: Good point. MR. KRAENBRING: And I think that will be picked up at the inspections. George, with all due respect, I think that, you know, there is a health and safety issue here, potentially. And, you know, when the Chairman calls us to make a motion, I'll make a motion that we -- MR. PONTE: Okay, I understand that. And now with the health and safety issue there, I agree with the fine level. But if! could hear the stipulation again. Was there anything in the stipulation about erecting a fence or a gate or an electronic device to protect the pool? MS. PEREZ: Well, it's like Mr. Kenny (sic) had said, you know, the -- it's a part of the building code so they would have to be required Page 22 1 6 J~ 1 A :c September 25, 208'lf by the county before a C.O. is issued. MR. PONTE: Does the respondent -- is the respondent aware of the fact that he's going to have to build another fence? MR. KRAENBRING: I don't think it's so much another fence, George, as that the gates have to have certain safety. MR. PONTE: Right. Well, the gate's on the fence, right? MR. KRAENBRING: Right. MR. KELLY: But in order to get the final inspection, he would have to have some sort of items of -- MR. PONTE: Well, just so we're not back here in 120 days and he's saying, well, now I've got to put up a fence, they've told me I have to put up a fence and now I need another 120 days. Let's get it all done at the same time. MR. KRAENBRING: We don't want to be reading the building code into these orders. I make a motion that we accept the stipulation as presented by the county and the respondent. CHAIRMAN LEFEBVRE: Do I -- MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: -- hear a second? All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. PONTE: (Indicating.) CHAIRMAN LEFEBVRE: One nay. We're going to move on to hearings. The next -- the first hearing is BCC versus Florida Metal Page 23 16'/ 1A September 25, ~08 Masters, Inc. (Speakers were duly sworn.) MS. WALDRON: This is in reference to Department Case No. 2007090640. F or the record, the respondent and the board were sent a packet of evidence, and we would like to enter the packet of evidence as Exhibit A. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: Make a motion that we accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELL Y: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MS. WALDRON: Violation of Ordinances 04-41, as amended, the Collier County Land Development Code, Section 10.02.03(B)(5). Description of violation: Airplane fuselage, granite, marble slabs and dumpster in parking area intended for vehicular parking, violating Site Development Plan 99-125. Location/address where violation exists: 4443 Arnold Avenue, Naples, Florida, 34104. Name and address of owner/person in charge of violation location: Florida Metal Master, Inc. Jill Palmer-Trapasso, registered agent, 3609 Cottage Club Lane, Naples, Florida, 34105. Date violation first observed: September 20th, 2007. Date owner/person in charge given notice of violation: Received by certified mail on March 19th, 2008. Page 24 J.Oj'lA September 25, 20J Date on on/by which violation to be corrected: April 14th, 2008. Date of reinspection: April 25th, 2008. Results of reinspection: Noncompliant airplane fuselage, granite, marble, stone slabs and dumpster remain at 4443 Arnold A venue, Naples, Florida, 34104. At this time I would like to call on Code Enforcement Investigator Heinz Box. MR. BOX: Good morning, gentlemen. For the record, my name is Investigator Heinz Box from Collier County Code Enforcement. This is in reference to Case No. 2007090640. And this is dealing with violations of a site development plan 99-125, which is having an aircraft stored over parking spaces designated for employee and customer parking at 4443 Arnold Avenue, here in Naples. A notice of violation was given and delivered on March 19th of 2008 by certified mail. And gentlemen, the reason that we're here today is to determine whether or not a violation of the site development plan exists by having an airplane fuselage parked over parking spaces. Ordinance 04-41, Section 4.05.01(A) states that every building or use must provide off-street parking for the occupants, employees and visitors and customers and patrons. Section of the LDC 04-41, Section 1O.02.03(B)(5) states that a violation of the terms identified in the approved site development plan shall constitute a violation of this code. We received this complaint on September 20th of'07, and on that day Supervisor Capasso, who's my supervisor, and myself went to this property, which is in the Industrial Park right across the street. We advised Mr. Trapasso, who was the owner of the property, of the nature ofthe complaint, and we observed several slabs of marble and an aircraft fuselage covering the designated parking spaces at this location. The marble and granite slabs have since been removed, but there Page 25 J 0 f1 A 3 September 25, 2008 is a dumpster that is blocking one ofthe entrances at 4443 Arnold. On October 1 st of 2007 Investigator Manager David Scribner, Susana Capasso and I met with Mr. Trapasso at our office. During the meeting we explained the violations and discussed the options for correcting. Okay, at this time what I'd like to do is enter into evidence two photographs. CHAIRMAN LEFEBVRE: First of all, have the parties all been sworn in? THE COURT REPORTER: Yes. MR. KELLY: I make a motion that we accept this as evidence A. MR. DEAN: I'll second that. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. LARSEN: Mr. Flood, have you seen the photographs? MR. FLOOD: No, sir. MR. LARSEN: Give them to Mr. Flood. CHAIRMAN LEFEBVRE: Mr. Flood should see them first. MR. BOX: Just for the record, I have these items labeled B-1 and B-2. One's a photograph, a GIS photograph of the property, and the other is a photograph of the aircraft fuselage. MR. LARSEN: Do you have any objections, Mr. Flood? MR. FLOOD: No objection. MR. KRAENBRING: That's an airplane. MR. BOX: Okay, I'll continue here. Page 26 116' r[ J..~ September 25, 200~ During our meeting with Mr. Trapasso, he indicated that he wanted to keep the plane and that he had not yet decided what he wanted to do with it, but he definitely knew that he wanted to keep it. He said he was also willing to do whatever it would take to come into compliance. And this was on October 21 st. On October 5th of '07 I went and attempted personal service of notice of violation at 4443 Arnold Avenue, but I was unsuccessful. The notice of violation was sent certified mail and the return receipt was received on the 15th of October. Occasional follow-ups showed no signs of progress towards compliance and removal of this airplane, and revised notices of violation were sent out via certified mail to the registered agent of this property, who is Jill-Palmer Trapasso, Michael Trapasso and Steven Trapasso. And the U.P.S. tracking confirm shows that it was delivered on March 19th of2008. And the reason that I sent another notice of violation out was that the ownership in the initial notice of violation was incorrect. Since that time I've done various site visits out to this location and there's been no compliance. And on May 7th I prepared the statement of violations and request for the hearing. One other thing I'd like to submit as evidence. CHAIRMAN LEFEBVRE: Has the respondent seen this? MR. BOX: No. These will be listed as C-1 and C-2, copies of the site development plan. CHAIRMAN LEFEBVRE: Any objection? MR. FLOOD: No, sir. CHAIRMAN LEFEBVRE: Do I hear a motion to accept this as Exhibit B from the county? MR. PONTE: Make a motion to accept. CHAIRMAN LEFEBVRE: All those in favor -- second, sorry. Page 27 161' 1 n :z Septem~er 2.5./2008 Second? MR. KELLY: I'll second. MR. KRAENBRING: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. BOX: Just for clarification, C-l that I gave you is the actual SDP, okay. And it's a little hard to see the parking spaces marked there with all the other overwriting on it. And C-2 is the irrigation plan, and you can clearly see where the parking spaces are. Okay. MS. RAWSON: When you gentlemen finish with exhibits, be sure you give them to the court reporter, since you've introduced them into evidence. CHAIRMAN LEFEBVRE: Yes. You can just pass them back, at least one of them back. MR. BOX: I'll continue here. The initial hearing for this matter was July 31 st of 2008. It was continued at Mr. Flood's request, who's representing Mr. Trapasso. On August 13th Counsel Peter Flood, Michael Trapasso, Ross Gochenaur, my supervisor, Susana Capasso and I met at the code enforcement office to discuss the violations and options for abatement. One thing I'd like to remind you is that the reason that we're here today is to determine whether or not this airplane can stay on this Page 28 1611 ,11 ~ September 2<2008 property. In my mind it's clearly in violation of the site development plan. And my main concern with this is the safety issue. God forbid if there's a fire there, how are fire apparatuses going to get in there or EMS people to get in there to save that property if there is a fire in there? As for my recommendations -- CHAIRMAN LEFEBVRE: Well, no, not yet. Are you all set? MR. BOX: Yes. CHAIRMAN LEFEBVRE: Mr. Flood? MR. FLOOD: Yes, my name is Peter Flood. I was retained by Mr. Trapasso who owns the Florida Metal Masters, Inc. I think it's important for the board to understand what my client does for a living. I think it's also important to understand that he is in an industrial area with industrial zoning, that certain things are allowed in that industrial zoning. I've supplied a copy of that with my packet in regards to the general industrial section. I'd like to read into the record what that specifically indicates as set forth in the code. General industrial shall mean a use for the purpose of basic processing, manufacturing of materials or products, predominently from extracted or raw materials or products for the purpose of storage of or manufacturing process using flammable or explosive materials, storage of manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Also used for the purpose of manufacturing predominantly from previously prepared materials or finished products or parts including processing, fabrication, assembly, treatment, packaging and incidental storage, sales and distribution of such products. My client is in the metal business, sheet metal business, okay? He manufactures, he processes sheet metal. One of the reasons he bought this plane -- he did buy the plane from Collier County Page 29 16 L~e~ber J, 2008 Mosquito Control. Is that correct? He initially thought he could take the plane and rehab it. When he got into the project he understood that he could not rehab it because of the cost. He currently is in the process of right now planning on either cutting the plane up, utilizing the material on the plane in his processes and for his plane; is that correct? So I think that's important in regards to what we have here. Now, Mr. Heinz is correct, we had a meeting on August 13th, 2008. Mr. Gochenaur came from the zoning department. One of the things I specifically asked Mr. Gochenaur was to interpret the violation as set forth. Attached to our package is his response in regards to reading several sections he interprets that there is a violation. It's our position that my client, who by the way has two full-time employees and one part-time employee. Has what, 11 parking spaces? MR. TRAPASSO: Thirteen. MR. FLOOD: Thirteen parking spaces. He's not a retail operation, he's not a wholesale operation, he's an industrial shop where people or a truck backs in, unloads and removes. And he ships and receives. There's not people coming and going. There may be an occasional salesman coming and going. That's important. So I asked Mr. Gochenaur to specifically point out where it states in our Land Development Code where parking -- the differential between parking and storage. And I would submit to this board if in fact that my client is in violation of the Land Development Code, every other person is in violation. If parking places are only supposed to be used for parking, they can't be used for storage; i.e., you can't take a recreational vehicle and put it in a parking spot and call that parking. You can't take a boat and put it in there and call it parking. You can't go by the Sprint Page 30 16r~1 A 3 September 25, 2008 building on Davis and have commercial trailers sitting there for months at a time. Is that parking or is it storage? My client actively works on this plane. He doesn't work on it every day, he works at it on the weekends. He's parting it out. That's his business. Is it blocking or impeding his employees? No. These other matters that Heinz is discussing in regards to the fabrication of the materials, he has corrected all that. The slabs are removed. He went down and got his occupational permit for additional equipment and machinery brought in there. That was not only for fabrication of marble, it was also for fabrication of steel. It's a water jetting machine, $60,000 machine. Our position is, is that my client can utilize his space for the temporary storage of this plane while he's disassembling it. County's position is no, it's for parking of motor vehicles only. And I would submit to this board, you can ride around every industrial area in this county and you can look at people putting in their parking spaces things that are stored there. Ifmy client were to bring in a 40-foot semi trailer, for example, and it needs to have the sheet metal redone on it and it takes him three, four weeks or it takes him a month and a half or two months and he parks it in the parking place, is that parking or is that storage? I didn't write the Land Development Code. Mr. Gochenaur didn't write the Land Development Code. It's not specific. How is my client supposed to understand a Land Development Code that Mr. Gochenaur can't even interpret himself and seeing it takes him three sections to come up with it? If you read the facts that was sent to Mr. Trapasso, nowhere in there does it specifically say that the parking places in an industrial area cannot be used for storage. Doesn't say that. That's just an interpretation. My client pays approximately $20,000 a year in taxes. He's in an Page 31 lbflA September 25, ~08 industrial area. He's over there trying to make a living. The reason he went into the industrial area is because he wanted to utilize that properly zoned land for this specific business. It's the only place in town you can utilize it. Fabrication of raw materials, sheet metal, bending, all this. So we would submit to the board that they have not submitted their burden or met their burden in regards to any violation. Keep talking about the Land Development Code. That was when he originally built this building. What was that, nine years ago or eight years ago? He went in there, these were for parking places. Sure they're for parking places. Go to the Budweiser dealership, drive by there on your way home tonight, okay? They're slow. They've got vehicles and they've got trucks stored all over their parking places. Go by the U.P.S. shop, they've got them stored all over the places. Is that storage or is it parking? I don't know. But I know one thing, it's not in the Land Development Code. It's not specifically set forth that a person in an industrial zoned area cannot utilize his parking to put some sort of structure or some sort of vehicle or some sort of truck or something out there that he's working on. I mean, it just doesn't fit. So that's our position. Would you like to say anything? MR. TRAPASSO: My name is Mike Trapasso. I'm the president of Florida Metal Masters. And our property is gated and fenced in. The parking area is used as a transfer area on a daily basis for us to do business. We have trucks coming in, unloading, and trucks loading up pulling out. Many times these are large items. We put them in the parking lot. They're private parking spaces. We own the spaces. Some of the spaces we choose to use as storage, some we park cars in. For Collier County to come in and try to micromanage what I do in my private fenced-in gated property, industrial zoned, is absurd. Page 32 11 ("" -'4." .1:'~~t~r :L~008 Every time I move something around, they're going to come in and give me a ticket? Is that what Collier County is all about as far as code enforcement? And I just -- I've had it. I'm really fed up with the Land Development Code they're trying to pin me on here. Which has to do with new construction, by the way. The pieces of code they're citing is new construction code. And it really has nothing to do -- we're not bothering anybody, there are no complaints on how we operate. And, you know, the fenced-in gated as far as a hazard to the community, I don't see that flying. This thing has an eight-foot high fence with barbed wire, and the gate is closed at night. And I just ask the board to realize this is an industrial property and what zoning do I need to do the kind of work I do if I can't do it in industrial? Where do I go? MR. FLOOD: One last thing the board has to understand. This plane has no gasoline, has no engines, it's just a fuselage. Also what the board has to realize is that the initial complaint on this action came from an individual from Tampa, Florida. Didn't even come from Collier County. CHAIRMAN LEFEBVRE: I'm going to close the public hearing. Any questions from the board? MR. DEAN: I just had one question. Is that parking lot, is it open to the public at all? Or do you have to -- MR. TRAPASSO: The gate is open. Anybody can pull in during business hours. There -- if you were to go there right now you would see 10 marked parking spaces available for parking. The plane takes up three spaces. It's not in the way, it's not near the building, it doesn't impede any commerce in and out of the building. As Mr. Flood stated, my traffic is truck traffic in and out. Very Page 33 16 fl A ~ September 25;1008 little vehicular traffic other than that. There's only two full-time employees, one part-time employee. We do not have a parking problem and parking does not overflow into the right-of-way. MR. PONTE: I have a question. CHAIRMAN LEFEBVRE: Hold on a second. I think the county has something else to say; is that correct? MR. BOX: Yes, just a question here ofMr. Flood and his client. How long has that airplane been parked there? MR. FLOOD: Two years. MR. BOX: Two years. Okay. So that wouldn't be considered temporary storage then, would it? MR. FLOOD: Temporary storage could be 10 years, could be 15 years, it could be 20 years, it could be five minutes. MR. LARSEN: I believe the County Attorney wants to-- MR. PONTE: I do have a question and that is regarding the fuselage. Does it block easy access to the building by emergency response vehicles? MR. TRAPASSO: No, it does not. The fuselage is at the center -- if you look at the site development plan that was passed around, those spaces away from the building where there's eight spaces going up to the road, it's in that section there. So it's not in the way of the main drive entering the building or the overhead. MR. PONTE: Thank you. MR. L'ESPERANCE: Mr. Chairman, I have one more question. Is the fuselage adequately tethered to the ground in case of high winds? MR. TRAPASSO: The fuselage is bolted down to the ground. CHAIRMAN LEFEBVRE: And County Attorney? MR. BOX: I have to say that I didn't notice that when I was out there, and that was one of my main concerns also was the fact that, Page 34 164 1/. ~. September 25, zd'08 you know, how this thing would hold up to high winds, whether or not it would be a big projectile flying across that parking lot and damaging someone else's property. CHAIRMAN LEFEBVRE: County Attorney? MS. STUDENT-STIRLING: Thank you. Again for the record, Marjorie Student-Stirling, Assistant County Attorney. I just want to point out that our Land Development Code has parking requirements in it for all commercial and industrial zoned areas. And if memory serves me correctly, in this area it's one space for 500 square feet of building area. And then what happens when a person comes in to get their site development plan, it is a graphic representation of code requirements. So that site plan shows the number of required parking spaces that the county approved. And again, as -- the stated violation of the terms of the site development plan is considered a violation of the code. r would offer that, you know, parking spaces, just general definition, doesn't include long-term storage of materials. And I would also further argue even if you go to several commercial parking areas in town, they'll say no overnight parking permitted, so that there's no issue about storage of anything in the parking area. I would submit that there is a remedy for this problem in our Land Development Code, and that would be for this gentleman and his company to seek a parking exemption from the board, which would relieve him of the need for the number of parking spaces that are shown on the site plan. And Code Enforcement Board isn't really the agency to get parking exemptions. That's either the Board of County Commissioners or the Board of Zoning Appeals. Thank you very much. MR. LARSEN: I have a question for the County Attorney before she leaves. If! understand correctly, it's a violation of Ordinance 04-41, Page 35 >",E. l' r' '1~ ~ 'S~bt;m'f)er25, ~08 correct? MS. STUDENT-STIRLING: The violation -- well, the violation is in 1 0.02.03(B)( 5). MR. LARSEN : Well, it says violation of Ordinance 04-41, as amended -- MS. STUDENT-STIRLING: Yes, that's the Land Development Code. MR. LARSEN: -- of the Land Development Code, Section 1O.02.03(B)(5), correct? MS. STUDENT-STIRLING: Uh-huh. MR. LARSEN: Did you have an opportunity to see the e-mail from Mr. Gochenaur dated Wednesday, August 13th, 2008 to Susana Capasso and Heinz Box? MS. STUDENT-STIRLING: That's not in my packet. MR. LARSEN: Because I believe Mr. Flood referred to this. And it says, Section 2.3.13 of the previous LDC states the required off-street parking can't be reduced or changed to any other use unless the use served is discontinued. Then it goes on to say, although this language failed to appear in the current LDC, Ordinance 04-41, recitals of 04-41 state that the recodification does not substantially alter in any way the prior existing LDC text. And if I understand Mr. Flood's argument is that if you're going to have a statute to enforce the statute, it has to be clear. And his statement just that recodification doesn't alter a prior statute isn't sufficient in this case. I wanted to get your opinion on that. MS. STUDENT-STIRLING: Okay. My opinion stands as I stated it, that it's sufficiently clear in my mind citing the 10.02.03(B)(5) referencing the site development plan. He noticed what the require -- what a site development plan shows, and that site development plan is a graphic representation of code requirements for that particular use. I rest my case. Page 36 sePt1m~ej 21, I~08 3 MR. LARSEN: Mr. Flood, your understanding of the language that I guess is contained in this e-mail, amI correct in assuming that what you're saying is that basically since that original language about changing of the off-street parking wasn't included in the LDC it's not applicable? MR. FLOOD: That's correct. And the other thing I'm saying is that the -- if you read his original site plan, it is not modified. MR. LARSEN: I'm not asking you about the statute, sir. I understand about that. MR. FLOOD: I don't think the statute is applicable at this point. MR. LARSEN: The current LDC. MR. FLOOD: That's correct. MR. LARSEN: And why is that, because of the industrial zoning? MR. FLOOD: That's correct. MR. LARSEN: And why is that so special as compared to other manufacturing or residential? MR. FLOOD: Because let me -- can I just finish my point? My point is the basis for their argument is that he has modified his original site plan. He's not modified his original site plan. Modification of a site plan indicates that you're going to be removing parking places. Okay, we're talking about use, how he's utilizing the parking places. They're indicating just because he's using them, putting the plane on it, he's taking away those parking places and thereby unilaterally modifYing his site plan. That's not what he's doing. That's what they're hanging their hat on. If he was to take those parking spaces and put some sort of structure on them where he was to eliminate -- come in and dig them up and build another structure or building on them, that would be modification of his original site plan. He's not modifYing the number of parking spaces in his site plan. We're talking about use. Page 37 16 f~Pt~beJ5, 2008 And that's when we had the meeting with Ross, that's what I emphasized with Ross. How he uses his parking places in my opinion is not a modification of his site plan. Is it storage, is it parking? How he uses those parking spots does not indicate whether or not he's in violation of his original site plan. That's our argument. Our argument IS use. Their argument is by him storing the plane there he's violating his original site plan by taking those parking spaces up with the storage of his plane. That's their argument. Our argument is he can bring stuff in and out of there, put them in those parking spaces ifhe's working on them. That doesn't constitute a violation of the Land Development Code in regards to his site plan. If that's the case, every person in the industrial section is in violation. MR. LARSEN: All right, thank you very much. CHAIRMAN LEFEBVRE: Any other questions? MR. TRAPASSO: Can I make a short statement? If you look -- CHAIRMAN LEFEBVRE: We already closed the public hearing and we're at the point of asking -- MR. LARSEN: I think you should let him speak. CHAIRMAN LEFEBVRE: We've already closed the public hearing. Any other questions? (No response.) CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: I think we should just open it up for discussion. CHAIRMAN LEFEBVRE: Open it for discussion. Who would like to go first? MR. LARSEN: Well, I think the crux ofthe matter is whether or not under the current rules and regulations storage on top of a parking Page 38 16 /1 A 3 September 25, 2008 spot actually, you know, violates the code. Whether or not you have to use a designated parking space for parking of vehicles or whether or not you can use it for other purposes such as the temporary storage of equipment or material. MR. PONTE: I don't think it's clear. And if it's not clear and you have a violation -- MR. LARSEN: Well, what I'm troubled about is that in the e-mail it says, this language failed to appear in the current LDC, which in the prior language is more restrictive. MR. KRAENBRING: You know, I don't like to sit on precedent, but in previous cases where we've had people use parking for storage, we have ruled in favor of the county. I remember one person in particular, one case where they were storing marble slabs and, you know, they were inside their fence and it really wasn't an eyesore to me, but we did find that it was a use of storage rather than for parking. And at that point I think we had a situation where the employees needed to park in the street because they couldn't park, you know, where that marble was stored. With all due respect to, you know, Mr. Flood's comment about, you know, his temporary storage 10 years or 15 years, two years is more than temporary storage in my mind. CHAIRMAN LEFEBVRE: Right. Also the respondent stated that it is tied down, the plane is tied down. And to me that doesn't sound like it's temporary. It's making it more permanent than temporary. MR. L'ESPERANCE: How would this board feel about giving a temporary allowance for this fuselage to be there, giving a specific date for it to be finished, parting out, sold and then not in that location anymore. MR. KELLY: I don't think we're the venue to allow a temporary. However, I agree with maybe granting a little bit of leniency in the Page 39 .' A 3 16 t~ember 25, 2008 time frame to allow them to continue to pursue possibly amending their site development plan. Maybe they can get a special use for those parking spaces that are being utilized now. I just think it's funny because 30 years from now maybe we might have this discussion whether an airplane is transportation and moveable and all that kind of stuff. But I agree, I don't think that this constitutes a temporary storage. I f it was a trailer that could be used at will or a recreational vehicle or a boat that could be -- that is trailered, I think that's a little bit different. I wouldn't consider that storage, I consider that something that could be moved in and out and used for parking. In this case I don't see it that way. MR. PONTE: Well, but the respondent has said he is using it. He's cannibalizing it. And eventually it won't be there. MR. KELLY: However, parking spaces are not allowed to be utilized to temporarily store anything. So, for instance, a delivery truck was to come back up into an industrial location and off-load goods and supplies. They have to be transferred directly into the building. They can't be just put into a parking space, blocking those parking spaces temporarily. Not for five minutes. I mean, that's not what parking spaces are designed for. They're designed for transportation and vehicles and trailer and equipment and so forth. MR. PONTE: The County suggested that the respondent might solve the problem by applying for a parking exemption. And if that be the case, maybe we ought to consider giving him time to apply for a parking exemption. MR. KELLY: I agree. CHAIRMAN LEFEBVRE: The other thing is, you're looking at this picture with the plane in it. There's a car there and it doesn't look like it's even in one of the parking spaces. So the argument that there's enough parking spaces even with this plane doesn't appear to be so in Page 40 1 6 I l;i "Z Septemb~r 25,,~'M8 this picture. I think I would agree also with giving a time period to go ahead and try to get the parking exemption. MR. KRAENBRING: What's the likelihood that the county will grant the parking exemption? MR. BOX: Good question. MR. KRAENBRING: Because if we grant them this -- if the county grants them this exemption then, you know, does that open up -- maybe Ms. Stirling can come up and address that. Because if they are granted this exemption, then is that going to just open up for other businesses to also cite this as a precedent? MS. STUDENT-STIRLING: The Board of Zoning Appeals or Board of County Commissioners, as the case may be, looks at these matters on a case-by-case basis, and every situation's different. So I wouldn't be that concerned about the precedent. Insofar as in trying to determine whether or not they will grant it, they will review the facts against the appropriate criteria in the code and make a determination at that time. MR. KRAENBRING: So as I understand it, it is your position that really this isn't the venue for this. MS. STUDENT-STIRLING: No, it's not the venue to reduce the number of spaces. But the other things that you brought up, and I guess your attorney could advise you, but, you know, I think you do have some latitude as to when the violation is abated and things like that, so -- and come crafting a sort of stipulation, if you will, with -- MS. RAWSON: Basically you can only determine if a violation exists. You can't grant, you know, any kind of variances, you can't do any of that. You just determine if a violation exists. And if you think it does and you think he can maybe cure it some other way, that's up to him. You can't order him how to do it, you can just give him so many days to do it. Page 41 16/1 A ~ September 25, 2008'" MR. KRAENBRING: I think the other thing, just as a note to other members of the board, is if this were a boat, we probably wouldn't be sitting here listening to this. It's just an unusual item to be stored. MR. FLOOD: That's correct. MR. KRAENBRING: May I ask the respondent, how long do you think that the fuselage will be there? I mean, is it something that you're going to maintain forever, is it a trademark for you, or -- MR. TRAPASSO: No, no, we're in the process of working on it. And I'm not really sure if I'm going to part it out or turn it into a limo. And that's where I'm at with it right now. And this is what I do. This is metal fabrication type work. MR. KRAENBRING: Do you have a sense of how much time you would need in order to turn this into a limo or part it out or -- MR. TRAPASSO: It could be six months or a year. MR. KRAENBRING: Can you give us -- what would you say? MR. TRAPASSO: I'm really not sure exactly. I mean, I don't want to be pinned down -- MR. KRAENBRING: You don't have any set plans for it at this point? MR. TRAPASSO: I'm working on it. I have plans for it. But as far as how long it's going to take, I mean, it's a hobby. I can't, you know, specially say when it will be complete. MR. KRAENBRING: Okay. MR. L'ESPERANCE: Sir, is this a hobby directly related to your business? MR. TRAPASSO: Yes, it is. It's -- I'm in the metal fabrication business, and this is a metal structure which we're working on. We're probably the only company around that has the equipment to do what we're doing to it. And it's part of the business right now. MR. BOX: May I say something? MR. KRAENBRING: Please. Page 42 1611Ll '2 "'september 25, 2Q{)8 CHAIRMAN LEFEBVRE: Yes. MR. BOX: This thing's been sitting out here two years now. And the only thing that's holding the airplane together are the rust and the rivits. Okay, I haven't seen any work done on that airplane since I started this case, which has been about a year ago, a little over a year ago. And for this gentleman to sit here and tell you that it's a part of his metal fabricating business is just untrue. CHAIRMAN LEFEBVRE: I'm going to -- MR. DEAN: I'd like to make a motion that a violation does exist. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. LARSEN: Nay. MR. KRAENBRING: Nay. MR. FLOOD: For clarification, the violation exists as set forth in the notification of the violation; is that the violation? Is that the specific section? CHAIRMAN LEFEBVRE: Yes, sir. MR. FLOOD: Thank you. CHAIRMAN LEFEBVRE: Do you have the vote? THE COURT REPORTER: I have two nays. CHAIRMAN LEFEBVRE: Correct. Actually, Mr. Kaufman cannot vote. MR. BOX: Gentlemen, I just want to read the recommendations. Can I do that real quick for the record? CHAIRMAN LEFEBVRE: We're not-- Page 43 1611j.~ ~ September 25, 2008""' MR. KELLY: We might have more questions. MR. BOX: I don't think they're going to want to leave. CHAIRMAN LEFEBVRE: Okay. Respondents? Mr. Flood? MR. FLOOD: Yeah, we're listening. CHAIRMAN LEFEBVRE: We're not done yet. MR. FLOOD: Yeah, we understand. MR. BOX: Recommendation on this case is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of $87.44, and that the -- incurred in the prosecution of this case and abate all violations by applying for an administrative parking reduction, APR, within 15 days of this hearing. And once approved, the respondent must submit plans for an insubstantial change to a site development plan within 30 days from the APR date. Or, the respondent needs to remove the airplane fusilage, the granite and marble -- which has already been moved -- and the dumpster, which is still blocking one of his entrances, from the designated parking areas within 15 days of this hearing or be fined $100 a day for each day the violation remains. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm compliance. CHAIRMAN LEFEBVRE: Wasn't it stated, Jean, you said that we could not tell them what to do to get it corrected? MS. RAWSON: Right. You just have to tell them abate the violations within so many days. MR. DEAN: Right. MS. RAWSON: Now, if it was a permit, you can give them so long to get a permit. CHAIRMAN LEFEBVRE: Let me see the -- MS. RAWSON: This is a little different. MR. KELLY: What's the op. cost? MR. BOX: $87.44. Page 44 16/1 A 3 September 25, 2008 CHAIRMAN LEFEBVRE: This is a little different, meaning? MS. RA WSON: He's going to have to get -- apply for -- what does APR stand for? MR. BOX: Administrative parking reduction. MR. KRAENBRING: Within 15 days of the hearing. MR. BOX: In essence what we're doing is we're giving him an option to either do that or remove it. CHAIRMAN LEFEBVRE: Or we could just say within a certain amount of time. MR. KRAENBRING: Well, the one thing is that -- I know everybody else has to look at this again, but they're asking that the plane be removed within 15 days if -- they have to apply for the parking reduction or remove the plane within 15 days. I think it would be tough to remove that plane within 15 days. MR. DEAN: I just feel it's such a big item that 60 days should be fine. And then he has that amount of time to do what he needs to do. MR. KRAENBRING: Yeah. I mean, we're out of hurricane season. I don't think this thing's going to be flying around. CHAIRMAN LEFEBVRE: How long? MR. KRAENBRING: 60, 90 days? MR. KELL Y: I was looking at one year. MR. KRAENBRING: Yeah. I don't -- MR. DEAN: Well, the respondent said he could -- six months is one of his targets to -- MR. KRAENBRING: Right. So let's come up with a date or a time frame. CHAIRMAN LEFEBVRE: How long does it take to get an APR; do you know? MR. BOX: No, I don't. MR. PONTE: You know, we just gave someone 120 days to correct a swimming pool problem. MR. BOX: I was just told by my supervisor the application Page 45 1611 A 3 September 25, 2008 process takes two weeks. MR. KRAENBRING: Right. And that's what's in the recommendation of the county is not that he obtain it, it's that he file for it. MR. BOX: Right. MR. KRAENBRING: But still, that's a short time frame. MR. BOX: I was just going to say, keep in mind it's been out there for a couple years already. MR. KELLY: And open ended. MR. DEAN: But it's come to a head now, so I think that 60 days is -- or excuse me, six months is fine, too. That's my opinion. Because now he knows he has to do something with the plane and it's not a small item. It's not like a boat, so -- MR. L'ESPERANCE: I would feel comfortable going with the county's recommendations as stated. CHAIRMAN LEFEBVRE: I'll have everyone review the recommendation one more time and then see if someone wants to make a motion. MS. FLAGG: Mr. Chair, while you're doing that, we've been asked to pull the mics closer to us, because they're still having trouble hearing us. MR. LARSEN: I think the county's recommendation is fine except for number three, which is the removal, should they choose that option, within 15 days. I'd feel more comfortable giving them 30 days. CHAIRMAN LEFEBVRE: I think even that, maybe a little -- I think that may even be a little short. MR. PONTE: Yes. We have to keep in mind, if you're removing it, you have to remove it to some place. CHAIRMAN LEFEBVRE: Or dismantle it. MR. PONTE: So the time has to be -- MR. BOX: My understanding was it was gotten from the airport. Page 46 16 '-1 A 3 September 25, 2008 So that's probably where it's going to end up going. MR. LARSEN: Unless he disassembles it. MR. KRAENBRING: Yeah, we shouldn't be making that supposition. MR. BOX: I understand that. MR. KRAENBRING: We can't tell this person what to do with it. MR. KELLY: I haven't seen the recommendation yet, but from what I remember was it kind ofleaves an open-ended time frame. It specifically grants a certain amount of time for a submittal but no time thereafter, in case the submittal process drags on. MR. KRAENBRING: WelI, I think it will be back in front of us again if it -- MR. KELLY: Well, technically ifhe submits and spends the next year going back and forth with -- in meetings and hearings and postpones and delays, he's still technically in compliance with our order, if that would be the case. So for the board's consideration, I'd like to just throw a motion out there. MR. KRAENBRING: Please. MR. KELLY: I make a motion that a violation exists as cited in the charging documents. Number two, the respondent is to abate the violation within 180 days or a fine of $1 00 per day will be assessed. Number three, pay operational costs of $87.44 within 30 days. And number four, notifY code enforcement within 24 hours of the violation being abated. MR. LARSEN: All right, I think we already had the motion on whether or not a violation exists. Other than that first point. MR. KELLY: I'm sorry, do you always start your orders offwith a violation existed as -- MS. RAWSON: I think you already voted that it does exist. So Page 47 16 '-1 A 3 September 25, 2008 what you're doing now is making a recommendation that -- and in understand it, you're just saying 180 days to abate the violation, period. MR. KELLY: Correct. MS. RAWSON: However he does it is-- MR. LARSEN: Right, I would second that motion. MR. DEAN: Operational costs is $88.44, right? CHAIRMAN LEFEBVRE: Or $87.44. MR. DEAN: Was it 877 MR. BOX: Yes, 87.44. MR. DEAN: Thank you. MR. KRAENBRlNG: Just as a note, this is going to allow him to either do something with the plane or go ahead and get the reduction in the parking. MR. KELLY: Correct. MR. KRAENBRlNG: Is that what we all understand it to be? MR. L'ESPERANCE: That's comfortable with me. CHAIRMAN LEFEBVRE: I have a first and I have a second. I'd like to take a vote. All those in favor? MR. KRAENBRlNG: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. BOX: Thank you, gentlemen. CHAIRMAN LEFEBVRE: Mr. Flood, do you want to -- if you Page 48 l~r , A 3 September 25, 2008 can come up to the mic and -- do you understand that? MR. FLOOD: We're all set. CHAIRMAN LEFEBVRE: The next case will be BCC versus James Hargraves. And before we start this, would you like a break? THE COURT REPORTER: I would love a break, thank you. CHAIRMAN LEFEBVRE: Okay. Excuse me. Before we start this case, if we can just take a five-minute recess. MR. KRAENBRING: Give her 10. CHAIRMAN LEFEBVRE: All right, 10 minutes, 10 minutes. (Recess.) CHAIRMAN LEFEBVRE: I'd like to call this meeting back to order. The next case is BCC versus James Hargraves. (Speakers were duly sworn.) MR. MARTINDALE: Good morning. For the record-- MS. WALDRON: Hold on. This case, they're requesting -- the respondents are requesting a continuance due to the fact that they've just obtained a new attorney. So I'm not sure if you want to go through the whole reading everything off of the case. MR. KRAENBRING: So this constitutes a change in the agenda? CHAIRMAN LEFEBVRE: This would be another change, but let's hear. MR. FLOOD: Yes. Board, I was just retained by Mr. Hargraves yesterday afternoon. He came in. And I've reviewed the file, I've had a chance to talk to Mr. Martindale. This is a substantial violation in regards to -- I'm sure everybody is aware of what it is in their packet in regards to the violation. It's a non-permittable addition onto a home in regards to some setbacks. I talked to Mr. Martindale and what we'd like to do is request a Page 49 16/1 A 3 September 25, 2008 30-day continuance for the fact that there appears to be some conflict between what is in the county records and what has been represented and so forth -- CHAIRMAN LEFEBVRE: Well, I don't want to get into the case. MR. FLOOD: Well, I'm just stopping right there. And that's the reason for the continuance, so I can get that information and then sit down with Mr. Martindale and the staff and go over it and see ifthere's some sort of resolution or some way we can resolve this prior to coming back for a hearing. That's the tend -- the way I handle these things, or try to handle them. CHAIRMAN LEFEBVRE: Is this the first time this was on the agenda, this case? Or was it -- MR. MARTINDALE: No, sir, I believe it was on a prior agenda. I wasn't -- I was on leave at the time it was, and it was -- MS. RAWSON: It was continued in August to September. CHAIRMAN LEFEBVRE: Okay. Was that because you were out? I'm just trying to recollect. MR. MARTINDALE: I don't know. I wasn't here. MR. HARGRAVES: Well, that and the lawyer we had didn't realize he was coming to court and he went to Michigan. So he wasn't here to represent us. MR. LARSEN: All right. Well, you know, I think under the circumstances it's only fair that we give a continuance. You know, give Mr. Flood an opportunity to get up to speed on the file. So I'd be inclined to do that. MR. L'ESPERANCE: If that's in the form ofa motion, I would tender my second on that. MR. LARSEN: So I so move that we grant the 30-day continuance -- is that correct, Mr. Flood? MR. FLOOD: That would be perfect. I'd appreciate that. Page 50 jj~r,A 3 Sept~lfer 25:, 2008 CHAIRMAN LEFEBVRE: It would be a continuance to our October 31st, I think that's when our next meeting is, correct? MS. RAWSON: Halloween. MR. KRAENBRING: I just ask the county, are there any health or safety issues here? MR. MARTINDALE: Not that I could ascertain, sir. MR. KRAENBRING: Very good, thank you. MR. KELLY: And do you want to waive service, Mr. Flood? MR. FLOOD: Yeah, I'll waive service. They can send me in. CHAIRMAN LEFEBVRE: And where is the meeting going to be held? Is it going to be here? I just want to make sure, since we're in a different location today, I want to make sure we know-- MR. FLOOD: That was interesting this morning. MR. KRAENBRING: Diane, are we-- MS. WALDRON: I believe that the meeting is here. MR. KRAENBRING: Oh, it's here again next month? MS. WALDRON: I believe so. CHAIRMAN LEFEBVRE: If that changes, can you -- since this is his notice, can you please -- MS . WALDRON: I'll send him a courtesy copy of the -- MR. FLOOD: I'll check with Mr. Martindale. MS. WALDRON: -- notice of hearing anyway. MR. FLOOD: He and I will be conversing on this. CHAIRMAN LEFEBVRE: We have a motion, we have a second. Do I hear a vote? All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. Page 51 1 6 1 t. Jj Septemb~r 2J008 CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. FLOOD: Thank you. CHAIRMAN LEFEBVRE: We'll see you next meeting. MR. KRAENBRING: Diane, are we going to be meeting here more frequently, or is this a-- MS. FLAGG: Sir, the reason that you all are meeting here today is that there is one group that bumps this board, which is the Board of County Commissioners. So during this time of the year they're scheduling looking at property values and so that board is meeting in the boardroom. So-- MR. KRAENBRING: I didn't know where it was going to be. Just a question. MS. FLAGG: It's only -- right, it's only when that board is in session that we'll be meeting here. MR. KRAENBRING: It's actually more convenient for me to meet here, but -- MR. L'ESPERANCE: The coffee's free. CHAIRMAN LEFEBVRE: The next hearing is BCC versus Angelo B. and Diane M. Campanello. I'm not sure I said that correctly. (Speakers were duly sworn.) MS. WALDRON: This is in reference to Department Case No. 2007080375, the BCC versus Angelo B. and Diane M. Campanello. F or the record, the respondent and the board were sent a packet of evidence and we would like to enter the packet of evidence as Exhibit A. MR. KELLY: Make a motion we accept the packet. MR. LARSEN: Has the respondent seen the evidence? MRS. CAMPANELLa: No. MS. WALDRON: It's the packet that was sent to them in the Page 52 16/1 P. ~ SePtember 2~008 mail. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) MS. WALDRON: This is violation of Ordinance -- Florida Building Code, 2004 Edition, Section 105.1, permit application. Description of violation: Electrical wires run through backyard to wooden posts with electrical outlet and water pump. Pipes run to and from water pump. Improvements made without obtaining building permits. Location/address where violation exists: 141 First Street, Naples, Florida, 34113. Name and address of owner/person in charge of violation location: Angelo B. and Diane M. Campanello, residing at 141 First Street, Naples, Florida, 34113. Date violation first observed: August 3rd, 2007. Date owner/person in charge given notice of violation: September 12th, 2007. Date on/by which violation to be corrected: October 13th, 2007. Date of reinspect ion: November 15th, 2007, and July 16th, 2008. Results of reinspection: Violation remains. At this time I would like to call Code Enforcement Investigator Azure Sorrels. Page 53 16 1 t:~teiter 2~ 2008 MS. SORRELS: Good morning. For the record Investigator Azure Sorrels, Collier County Code Enforcement. This is in reference to Case No. 2007080375, dealing with a violation of unpermitted electrical ran throughout back yard to electrical recepticals on a wooden post. Service was given on September 12th, 2007. The NOV was posted at the property and at the courthouse. I would like to present case evidence in the following exhibits: Exhibit B, which has four pictures dated 8/3 of '07. CHAIRMAN LEFEBVRE: Have the respondents seen the pictures? MS. SORRELS: Yes, they have. They have copies. CHAIRMAN LEFEBVRE: Is that correct, sir? MR. CAMP ANELLO: I guess. CHAIRMAN LEFEBVRE: Do I hear a motion to accept the exhibit? MR. KELLY: Make a motion that we accept. MR. DEAN: I'll second that. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. SORRELS: On August 1st, 2007, I received a complaint stating electrical wires running through the back yard, underground for lights, camera and had not been permitted. Page 54 16 I JePt~be~5, 2008 On the 3rd of August of2007, I made a site visit with Collier County Sheriffs Office Mike Nelson. Talked to the next door neighborhood who allowed me to enter his back yard so I could see into Mr. Campanello's back yard. I observed in Mr. Campanello's back yard a wooden post. And if you look at your pictures, you'll see the wooden post. On those posts are electrical receptacles that are mounted on it. You can see the conduit running up from the ground, up the posts to the receptacles. I could also see another wooden post in the far back of the property that was by the water pump as well had electrical receptacles on it. Upon research through our different programs, I searched for any permits that had been obtained for this type of installation of electrical, and I did not find any permits. On the 23rd of August, 2007, I attempted personal service with-- to Mr. Campanello with the sheriffs office, and he was not cooperative. On the 12th of September I made another site visit and 1 posted the property with the notice of violation. I also posted the courthouse. Mr. Campanello had come out but was not cooperative with me. Conducted several rechecks, no permits were issued, no contact has been made to either respondent in regards to this violation. On the 21 st of August, 2008, I gave one last attempt to contact Mr. Campanello, left a message. No contact was made regarding the violations. On the 8th of September, 2008, Investigator John Connetta posted the property with a notice of hearing. As of now, the violation still remains. MR. KELLY: I've got a question of the County real quick. CHAIRMAN LEFEBVRE: Go ahead. MR. KELLY: What year was the home built? MS. SORRELS: Pardon? Page 55 te9tdnJer ~5, 2~8 MR. KELL Y: What year was the home built? MS. SORRELS: That I cannot answer, sir. I might have it on the property card. Give me one second. MR. KELLY: That's okay. If you want to let the respondents go, I can ask that later. CHAIRMAN LEFEBVRE: Go ahead. MR. HAMILTON: Good morning. My name is Philip Hamilton. I'm a local attorney and I represent the Campanellos. And I just got on the case this week. At any rate, with respect to the charge against the Campanellos that they're unlawfully violating 015.1 wherein it's stated that electrical and plumbing stuff was observed, ladies and gentlemen, my client -- MR. L'ESPERANCE: Get closer to the microphone. MR. HAMILTON: Oh, I'm sorry. My clients obtained a permit from Collier County in '97, of which I have a copy, for the installation of the items that the pictures disclose. My clients are ready to testify to the effect that the building permit was approved, finalized. They did pay the Charles Nelson electrical contractor approximately $675 to do this. And the county approved it. And the items that you're being asked to be considered a violation were placed therein and approved by Collier County in 1997. Now, my client is ready and willing -- my clients are ready and willing to testify to that effect. We do have a copy of the permit. And the permit states -- well, at least -- MR. KRAENBRING: Would you like to put that into evidence? MR. HAMIL TON: It stated that the electrical items were permitted that you see in these pictures. MR. KRAENBRrNG: Would you like to enter that into evidence? Page 56 1611 M ;) September 25, 2008 MR. HAMILTON: Yes, I would. But I have to find the last page of the permit. r do apologize. MS. SORRELS: To answer Mr. Kelly's question, the house was built in 1995. MR. HAMILTON: I have a three-pager. I only have one item right here. MR. CAMP ANELLO: I might have it. MR. HAMILTON: Okay. That's all I have. I'd like to enter it into evidence, but I don't have 18 copies. MR. LARSEN: Why don't you show it to the County first and then -- CHAIRMAN LEFEBVRE: Right. Then it can be passed around to us. MR. HAMIL TON: All right. MR. LARSEN: And I'm sorry, is it Mr. Philip Campbell? MR. HAMIL TON: Philip Hamilton. MR. LARSEN: Hamilton? MR. HAMIL TON: Philip Hamilton, yes. I was ready to come here to ask for a continuance today because I just got on the case, but -- oh, well. MR. KRAENBRfNG: I make a motion that we accept this into evidence. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LARSEN: I second it. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. Page 57 1-6 -1 ]-- J1 September 25, ~08 MR. HAMIL TON: So I'm asking today that this board dismiss the charge against my clients based on the fact that the charges are not acceptable. In fact, they did in '97 comply with the Collier County code by asking Collier County to approve these items. And they were approved. MR. LARSEN: Officer Sorrels, have you had an opportunity to look at this? MS. SORRELS: I just did, sir. MR. LARSEN: Do you have any comment on it? MS. SORRELS: I do, sir. That permit that they have that you have in your hand, the 973616, I have pulled off of microfilm. And that permit does not apply to the back yard. And I have copies of the layout and everything that was planned to be permitted. And what I have here, it says project name is yard lighting, post light and ground lights. And of course it's at the address of 141 First Street. T have the application here that shows that it's electrical. I also have the certificate of completion. But the most important part is T have the plan showing exactly what is permitted. MR. LARSEN: And have you shown that to Mr. Hamilton? MS. SORRELS: No, T have not. I did not know that they were going to present this permit as being a permit for the electrical in the back. MR. LARSEN: Why don't we show that -- CHAIRMAN LEFEBVRE: Absolutely. MR. LARSEN: -- to Mr. Hamilton. MR. HAMIL TON: I've seen that as part of my investigation. However, my clients are ready and are prepared to testifY that the items in the back yard were approved by the county, and it was part and parcel of the entire transaction. And that's our presentation. MR. KAUFMAN: You have to accept that into evidence. Page 58 161'1 A September 25, 2oos3 CHAIRMAN LEFEBVRE: Once they look at it. MS. SORRELS: If! could just go ahead and mention, while they're looking at that, the actual description of the work was electrical for yard lighting and a light post, not for electrical receptacles that you can plug things into, power cords. MR. LARSEN: I don't quite understand what you're saying in regard to electrical outlets that you have to plug things in. How does that relate to what your violation is? MS. SORRELS: Pardon? MR. LARSEN: How does that relate to the violation? MS. SORRELS: The violation is the electrical that's ran through the back yard to the wooden post that has the receptacle outlets on them. The permit -- the '97 permit only applies to the yard lighting that's in the front yard. MR. KELLY: I make a motion we accept the respondents' packet B. MR. KRAENBRING: The county's. CHAIRMAN LEFEBVRE: County's. MR. KELLY: Well, this one --I'm sorry, county's. CHAIRMAN LEFEBVRE: This is county's. MR. KELL Y: County. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KRAENBRING: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. CAMP ANELLO: Am I allowed to speak a moment? Page 59 16Jl J\ ~ September 25, 200S'" CHAIRMAN LEFEBVRE: Go ahead. MR. CAMP ANELLO: I've been in Collier County since 1971. 1981 I married my wife. We've enjoyed living in Collier County. But as an activist, still today the code enforcement investigators harass the public, they enter without consent. MS. SORRELS: Objection. This has nothing to do with the case. MR. CAMP ANELLO: Excuse me, I am speaking. I think I have my motion to speak at the time of the board. CHAIRMAN LEFEBVRE: Okay, sir. MR. CAMP ANELLO: I would like to show you evidence at a later time, this investigator spending numerous time -- . MS. SORRELS: Objection, this has nothing to do with the case. MR. CAMP ANELLO: -- in front of my home with a sheriffs deputy bending over while the deputy was behind his wheel for a good hour and 30 minutes -- MS. SORRELS: Board, I ask you guys -- MR. CAMP ANELLO: -- off my security camera. MS. SORRELS: -- object to this. MR. CAMP ANELLO: Is that how we pay our tax dollars, when a code enforcement investigator makes out to waste our tax dollars, as well as the sheriffs department -- CHAIRMAN LEFEBVRE: Sir. MR. HAMILTON: Mr. Campanello, please. MR. CAMP ANELLO: I would just like to say this: I am being totally harassed. I have evidence in that box to show pictures of health, safety and welfare that have been ignored by my neighbor next door. CHAIRMAN LEFEBVRE: We're talking about your case specially. MR. CAMP ANELLO: Okay. Well, this is where it all started from. Page 60 16/-1 p. ~ September 25,2('1'08 Mr. Mudd has blocked my rights to speak to Commissioner Donna Fiala through Azure Sorrels, the citizen liaison. And I am hoping to have a meeting with the new director to show her why code enforcement -- CHAIRMAN LEFEBVRE: That's totally separate. If you have any evidence regarding your case, we're glad to hear it. MR. CAMP ANELLO: Once things are approved and signed off by public record, I'm being harassed here. Thank you. MR. HAMIL TON: Mr. Campanello, would you tell the board, did you have those items in the back yard put in there independently, or was that part of the permit? MR. CAMP ANELLO: That was part of the work being done. I had already purchased $8.00 (sic) worth of material. That day we had rain when it was installed. And he said, I will put it in, being that the labor and everything was all consistent. But during the rain he could not put that on the back side of it. It has all been documented. And it says here, even though noted on the Invoice No. 2236 from Nelson Electric, receptacles -- I can't think of the other word in the code violations -- were installed of the same time under Permit No. 97361. Now, I think there should be an investigation put on every investigator of code enforcement for not thoroughly looking into the codes. When a consumer gets a permit by law of this county and they do not thoroughly look into their computers when they change computer data bases. She didn't do her job correctly. MR. LARSEN: I actually have a question of Officer Sorrels. Officer Sorrels, the violation states that there are electrical wires run through the back yard to the wooden posts with electrical outlets and water pump. Where do these electrical wires originate? MS. SORRELS: Sir, I wish I could answer that for you. But since Mr. Campanello is not cooperative and does not leave (sic) us on Page 61 1611 IJ ~ September 25, :ztf'08 his property, I could not investigate completely to where they go to to the structure, the main principal or to an electrical panel or anything of that nature. All I can see is that there's conduit coming from the ground supplying the electrical wires to the post. MR. LARSEN: All right. And pipes run to and from the water pump? MS. SORRELS: I should have clarified when we began. When I had done that originally, I was underneath (sic) the assumption that the plumbing would need a permit. However, I have spoken with a plumbing structural inspector plan review person that said it would not -- because it's above ground. So the plumbing is not an issue, it's just the electrical. MR. LARSEN: Okay. And then finally it says improvements made without obtaining a building permit, right? MS. SORRELS: Correct. MR. LARSEN: Okay. Now, this permit, which was proffered by the respondent, you were aware of that permit? MS. SORRELS: Yes. The '97 permit? MR. LARSEN: That's correct. MS. SORRELS: Correct, yes, I was. MR. LARSEN: And what is your understanding of why that permit was issued? Specifically why was that permit issued? MS. SORRELS: The permit was issued for the yard lighting and the light post in the front yard. MR. LARSEN: Okay. And that's separate and distinct from the electrical wires that run through the back yard to the wooden post with the electrical outlets and water pump in the photograph? MS. SORRELS: That is correct. MR. LARSEN: All right. So it's the County's position that they're two separate. That permit didn't allow the work in the back yard. MS. SORRELS: Correct. And that's what shows on the site plan Page 62 16/1A 3 September 25, 2008 that was submitted with the permit application, showing just specifically what that permit covered, which was the landscape lights and the light pole in the front. MR. LARSEN: All right. And you had four photographs here. One shows a pole with a thermometer on it and two electrical outlets on the top. And that's specifically what you're referring to? MS. SORRELS: That is correct, sir. MR. KRAENBRING: Are the wires laying on the ground or they're underground? MS. SORRELS: For the pole that's -- the wooden pole, that post that's in the center of the back yard has conduit going up the front of it, which would be housing the wiring. MR. KRAENBRING: But for it coming from the house-- MS. SORRELS: That I could not answer, sir. MR. LARSEN: All right. And there is a separate red pipe which looks like it's got black wire into it, and that's what you feel is the water pump? MS. SORRELS: Correct, that is what I feel is the water pump. And then the power cord plugging into the receptacle on top ofthe wooden post. MR. LARSEN: And in your review of the county records you didn't find any kind of permit in regard to that? MS. SORRELS: No, sir, I did not. MR. LARSEN: All right. Thank you, I have no further questions of the officer. MR. HAMIL TON: Excuse me, Mr. Campanello wants to say one more thing. MR. LARSEN: All right. Just-- CHAIRMAN LEFEBVRE: Go ahead, sir. If it's relating to the case, that's fine. MR. CAMPANELLa: Yes, when the inspector came out to our house, it was raining. He had to stay under the eight-foot eave up Page 63 - 16 J r A ~ September 25, 20a( against the wall of our home. And he looked at everything. And he says, it's fine, I'll sign you off. Now, the reason why that stormwater pump is in the rear yard is because of a next door neighbor bringing in 47 truck loads of fill dirt, which I have evidence, to cause -- I think it's the word blocking of a stormwater drainage. He has also bought two properties which now he owns three. There is no culvert storm water drain pipe to allow stormwater flow -- CHAIRMAN LEFEBVRE: That's not relevant to this case. MR. CAMP ANELLO: I am dumped with water. And that plug is only plugged in during and after a hurricane and it's removed. CHAIRMAN LEFEBVRE: That is not -- go ahead. MR. KAUFMAN: I have a question. MR. L'ESPERANCE: Closer to the microphone. MR. KAUFMAN: This layout that is part of the building permit from 1997 -- MS. SORRELS: Correct. MR. KAUFMAN: -- this was submitted by the electrical contractor at that time? MS. SORRELS: That is correct. MR. KAUFMAN: Have you ever seen this before today? MR. CAMP ANELLO: Yes, I have. The gentleman is no longer in business, he's been retired. CHAIRMAN LEFEBVRE: Anything else from the respondent? (No response.) CHAIRMAN LEFEBVRE: I'm going to close the public hearing. Anymore questions from the board? MR. LARSEN: I just want to be clear that basically as part of the county's package they cited Section 105.1 which requires application to the building officials and obtaining the required permits Page 64 1611 Jl 3 September 25, 2008 for electrical work. And I want to make sure that's what, you know, is the basis of the violation. Is that correct? MS. SORRELS: That is correct. MR. LARSEN: I just want to read that into the record. 105.1, any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. And it's the County's position that was not done; is that correct? MS. SORRELS: That is correct. MR. LARSEN: Okay, thank you. CHAIRMAN LEFEBVRE: Any other questions of the board? MR. KRAENBRING: Just a comment, I guess. I hate to say it's much ado about nothing, but I'm kind of seeing it that way. We have to rely on the County's record, and there is no record of this being on that original permit. It may have been missed. You know, it may have been an error of the previous inspector, you know, back in 1997. But I think that we have to rely on a written record. It seems to me it would be a simple thing of just getting a permit and having this thing inspected and having it approved and being done with it. I'd like to think that you're not being persecuted. That's really not part of the case. But I would say how much is a permit for this thing going to cost? You know, a few dollars and get it done and be done with it. MS. SORRELS: I could not answer that accurately, I'm sorry. MR. KRAENBRING: That's just sort of my opinion as to what I'm seeing here. CHAIRMAN LEFEBVRE: Any other? Page 65 -16r A ~ SePtem.ter 25, 2~8 MR. KELLY: I have a comment. If you were to go out today and contract to, let's say, for instance, have storm shutters put up on your windows and you said, you know what, I want you to leave this side of the house open because I feel for whatever reason I can't afford it or I don't want it at this time, but work commenced and a permit was pulled and the original spec showed that you were going to do all but one side of the house and at the last minute you decided, you know what, I'm going to throw in this last side of the house, I'm going to bite the bullet and I'm going to get it all done since you're here. All of that would just be umbrellaed under the original permit. There wouldn't necessarily need to be a change if the inspector came out, saw the original layout, saw the work that was done additionally and approved it. And if he signed off, he's approving all the work done. I don't see it much different in this case to where they originally had a diagram for work to be done on the front of the house, the customer went out, bought some of the materials needed to do one more additional post in the back and he threw it in as part of the original permit and it was signed off. And that we have proof of, both as an invoice showing that the contractor did that additional work, and the signature card showing that the inspector signed it off. I think it was above-board and that there is no violation. MR. L'ESPERANCE: Mr. Chairman, have we closed the public hearing? Is this now under discussion? CHAIRMAN LEFEBVRE: Yes. MR. LARSEN: You know, I would tend to agree with my colleague, except for the fact that the diagrams in the county records indicate that the work that was originally approved was for the front yard, it wasn't work in the back yard. And I don't think it's reflected anywhere in the county records that any work was authorized, Page 66 16lt JI 3 September 25, 2008 inspected or approved in regard to the rear yard. And that's my concern. And seeing that basically there's a water condition back there, there's unimproved electrical, that there might be a health and safety issue in regard to this. MR. L'ESPERANCE: I would echo that comment. MR. LARSEN: And what I'm concerned is that the County hasn't had an opportunity to inspect this to ensure that there isn't an ongoing problem. Now, you know, I agree that latitude has to be given to the citizenry in regard to projects that were undertaken in the Nineties and things like that which have existed for a number of years. But still, I think that we would be remiss if we didn't ensure that the county had an opportunity to at least inspect and approve work, whether it was done by a licensed contractor or otherwise. And I think in this particular case I'm more inclined to find that a violation did exist, and just allow them an opportunity to go and get, you know, a permit and have the county go out there and inspect and sign off on it so -- to make sure that problems do not arise in the future. CHAIRMAN LEFEBVRE: I actually have one more question of the respondent. When was the fill for your next door neighbor put in? MR. CAMP ANELLO: Over the years when we took possession of our land since 1997, I'd noticed this neighbor was operating a business without a current occupancy license -- CHAIRMAN LEFEBVRE: No, I asked when was the fill, the 47 dump truck loads of fill put in? MR. CAMP ANELLO: That started in 1997. They were coming in Sunday nights -- CHAIRMAN LEFEBVRE: Through when? MR. CAMPANELLO: Up until the time of his building being Page 67 16/1A 3 September 25, 2008 permitted. MRS. CAMPANELLa: Till 2003. MR. CAMPANELLa: 2003 I would say, yes. Prior to all that, that's why I have all that stormwater. He already elevated -- CHAIRMAN LEFEBVRE: That was my only question. MR. KELL Y: The respondent also testified that the pump is actually a plug-in pump. So it is not hardwired. It's just something that's plugged in the receptacle. And I'd be concerned that we might be causing double jeopardy on the respondent. If it was originally signed off, there was a permit and inspector (sic) and the inspection says final electrical, meaning the entire property. That to me says it's been approved. MS. SORRELS: May I say something? MR. LARSEN: Well, it seems to me that basically -- and this is a key question that was just asked by the Chairman. I mean, basically if these permits were applied back in '97 and the dump truck work was started to be -- you know, which occurred, you know, in '97 going forward and the pump was originally installed to address that issue, that it possibly was installed or done after, you know, permits were originally, you know, pulled. CHAIRMAN LEFEBVRE: That's my point. If the dirt was installed over a period of five or six years, the issue that he stated prior that it was installed because of the fill, the house wasn't built until 2003 and the fill wasn't installed. So that would possibly show that after the fill was installed up until 2003 when the pump was installed at a later period. MR. KELLY: I've got one more question then for Azure. When you pull an electrical permit, are you required to specifY exactly all the electrical outlets and lines that you're going to put in -- MS. SORRELS: Yes. MR. KELLY: -- at the time? Page 68 16J1 A ~ September 25, 20cr8 MS. SORRELS: Yes. MR. KELLY: So the fact that this wasn't shown would mean that the inspector probably never even looked at it in the first place. MS. SORRELS: Correct. MR. LARSEN: So, you know, my inclination of course is to find that a violation did exist. And, you know, when the opportunity presents itself, that's the motion I'd be making. CHAIRMAN LEFEBVRE: Mr. Kaufman, you have a comment? MR. KAUFMAN: Since-- CHAIRMAN LEFEBVRE: If you could bring your mic close. MR. KAUFMAN: Since you haven't had access to the building, you wouldn't know whether there's a GFI breaker in there? MS. SORRELS: Correct. I do not know any of that, correct. MR. CAMP ANELLO: There is. There is. I can assure you that. I will have code enforcement come onto my property with counsel present, if need to be. CHAIRMAN LEFEBVRE: Any other comments from the board? MR. KRAENBRING: I just think what you just said is probably what we're looking at. If -- just allow them to come onto your property, you know, and if a permit needs to be pulled, then fine. MR. CAMP ANELLO: I'll be more than happy to get the permit. MR. KRAENBRING: That seems to be the answer. MRS. CAMP ANELLO: But we don't want Azure Sorrels on our property . MR. CAMP ANELLO: Yeah, there was a conflict there with my wife. My wife's going through a severe depression effect. She might be having surgery -- MR. KRAENBRING: You don't want this -- MR. CAMP ANELLO: I don't want her because of her -- MR. KRAENBRING: You can work that out with the county. MR. CAMP ANELLO: There is employee harassment, and I do Page 69 16 I 1 A 3 September 25,2008 know that's under investigation. MR. LARSEN: That's far afield. MR. KRAENBRING: Yeah, that's far afield. MR. LARSEN: I move to strike. MR. KRAENBRING: I would -- CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I move to find that a violation did exist when the -- when the violation was originally issued. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KRAENBRING: I'll second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes, there is a violation. Do I hear a recommendation? MS. SORRELS: Yes, sir. Collier County recommends that the respondents pay the operational cost of$86.78 that was incurred in the prosecution of this case; obtain all required Collier County building permits/inspections/certificate of completion within 30 days of this hearing or $100 per day fine will be imposed for each day the violation remains. The respondent also has the ability to obtain a demo permit, remove electrical, obtain inspections and certificate of completion within 30 days of this hearing or $100 per day fine will be imposed for each day the violation remains. Page 70 1- Y~l A ~ qeptember 25,1'008 And the final would be the respondent must notifY code enforcement within 24 hours of abatement for an inspection to confirm. MR. LARSEN: All right. Number one, it says obtain all required Collier County building permits, inspections and certificate of completion within 30 days of this hearing. Is that practical to have a certificate of completion within 30 days? MS. SORRELS: I would believe yes. This is not something that's going to be very detailed in pulling a permit. It's -- you know, it's a minor electrical through the back yard. Submit the permit. Once the permit's obtained -- the work's already done. All they have to do is then call for an inspection. And if it passes, they'll receive the certificate of completion. If there's something that holds up it from being passed, they have time to fix it and then obtain another inspection. CHAIRMAN LEFEBVRE: I'd just like to see that operational costs are paid within 30 days also. Any other comments? MR. LARSEN: How much are the operational costs? MR. DEAN: 86.78. MR. LARSEN: 86.78. I would just think that basically, you know, the 30 days may be a little too short in time. MR. KRAENBRING: I think that -- let me just ask something of Diane. There seems to be some animosity here between, you know, the County and the respondent. We don't want to tell you how to do your business, but is it possible that someone else is going to be able to go out there and -- MR. DEAN: See, now, I don't agree with that statement, sir, because for the simple reason she was doing her job. And I think if she got on the property to start with, we wouldn't be here. Page 71 1611 Ii ~ September 25, 200s--' MR. KRAENBRING: I'm just saying-- MR. DEAN: So -- but she's doing her job and that's her territory, so -- MR. L'ESPERANCE: I don't think we should second guess the MR. DEAN: And it's not up to us to make that decision. MR. L'ESPERANCE: -- management ofthe code enforcement board employees. CHAIRMAN LEFEBVRE: One person at a time. MR. L'ESPERANCE: I don't think we should second guess the management of the code enforcement board employees. MR. LARSEN: I have to agree with Mr. Morgan (sic). MR. KRAENBRING: Okay. I'm just trying to say, you know, if the situation can be diffused, then -- MR. DEAN: That's not our-- MR. KRAENBRING: As I said, I don't want to tell people how to do their job, but obviously there's some animosity here, and I think we all just want to get along. As far as the time frame is concerned, are we looking at allowing it more time? MR. LARSEN: I'm just concerned with the current state of affairs where there's been budget cuts in the county and, you know, there may be delays in inspections and permits, I think 30 days is a bit short. CHAIRMAN LEFEBVRE: What is the time frame that you're looking for? MR. LARSEN: I would say 45 days. That would give them a full month and a half. And I'd feel comfortable making a motion to approve the recommendation. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second that. Page 72 fe~e~~~r t~, 20~ CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. MR. CAMPANELLO: Can Ijust put one comment on record, please, for my protection as a homeowner? Due to South Florida Storm water, I have requested them to come out to see why my neighbor could dump all his storm water onto my land and cause health issues. CHAIRMAN LEFEBVRE: That's irrelevant to this case. MR. CAMP ANELLO: Well, I'd like to find out to see if Diane Flagg would have her presence with my attorney -- CHAIRMAN LEFEBVRE: You can talk to her after -- MR. CAMP ANELLO: -- to get this all resolved. Because this is harassment by county employees. MR. HAMILTON: That's okay. Thank you. MR. KELL Y: Gerald, also you're going to clarifY that that was the acceptance of the county with 30 days for the op. costs and 45 days instead of 30 for the time frame? CHAIRMAN LEFEBVRE: Correct. You understand, sir, you have 30 days to pay the operational costs. MR. CAMP ANELLO: I'll do it right now. CHAIRMAN LEFEBVRE: 86.78. And then 45 days to go ahead and get permits and the CO. MR. CAMP ANELLO: I'll do it right now. But the exception is if there's water back there in the next storm, am I supposed to leave it Page 73 16/1J.l ';( September 25, '200s-' there to have it inspected why all this water came onto my land? MR. HAMIL TON: Come on. CHAIRMAN LEFEBVRE: We're done. MR. HAMIL TON: We're done. MS. SORRELS: Thank you, gentlemen. MR. HAMIL TON: Thank you. MR. CAMP ANELLO: Health, safety and welfare by the judge -- I mean by the county -- CHAIRMAN LEFEBVRE: Sir, that's it. Can I have the package from -- MS. RAWSON: Be sure you guys give all the exhibits to the court reporter. I see she doesn't have a lot on her desk. CHAIRMAN LEFEBVRE: Next case will be BCC versus Susan B. Williams. Is the respondent present? (Speaker was duly sworn.) MS. WALDRON: This is in reference to Department Case No. 2007060820, BCC versus Susan B. Williams. F or the record, the respondent and the board were sent a packet of evidence and we would like to enter the packet of evidence as Exhibit A. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KELLY: I make a motion to accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. Page 74 16 1 1 ~ September 25, 200( MR. L'ESPERANCE: Aye. MS. WALDRON: Violation of Ordinance 04-41, Collier County Land Development Code, as amended, Section 1O.02.06(B)(l )(a), 1O.02.06(B)(l)( e), 10.02.06 (B)(l)( e )(i). Description of violation: Remodel of the bathroom, adding a bathtub and removing a closet and shower without Collier County building permits. Location/address where violation exists: 1705 Tarpon Bay Drive South, Naples, Florida, 34119. Name and address of owner/person in charge of violation location: Susan B. Williams, 18519 Bear Creek Terrace, Leesburg, Virginia, 20176. Date violation first observed: 10/16/07. Date owner/person in charge given notice of violation: October 16th, '07. Date on/by which violation to be corrected: November 15th, '07. Date of reinspect ion: 6/4/08. Results of reinspection: Violation remains. At this time, I would like to call Code Enforcement Board Investigator Patrick Baldwin. MR. BALDWIN: Good morning. For the record, Investigator Patrick Baldwin, Collier County Code Enforcement. This is in reference to Case No. 2007060820, and it's dealing with the violation of unpermitted remodel of the bathroom, adding a bathtub and removing a closet. And it's actually to put the shower from one side of the room over to the other room. And it's located at 1705 Tarpon Bay Drive South, Naples, Florida. Service was given on 10/16/07. The green card was delivered to Leesburg, Virginia on 10/22/07. I would like to present my case evidence and the following exhibits. I have two photographs that were taken on 10/16/07 of the Page 75 1611 ~.3 September 25,2008 bathroom. They are B-1 and B-2. CHAIRMAN LEFEBVRE: Do I have a motion to accept Exhibit A (sic) from the county? MR. KELL Y: Motion to accept Exhibit B. MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion is approved. MR. BALDWIN: I also have C-l, composite C-l. And that would be a signed statement by Building Inspector John Clements. And also the master plan of the Caymans Community. And that should be included there as well. CHAIRMAN LEFEBVRE: Oh, it's included here? Okay. MR. LARSEN: How did this come to the attention of the county? MR. BALDWIN: This was brought forth -- it came in by the building department. It was a former inspector, a plan reviewer for plumbing and mechanical, Dick Schmidt. He came in and brought it to my attention. He lives in the community and the house was being sold, and he went in there, or someone went in there, and found that the house does not look like all the other ones in the development. So after pulling the master plans, it was determined that yes, the bathroom is different, and it was remodeled sometime after. Page 76 le~erJr ~, 20~ The house was C.O.'d in 9/8/2003. The final plumbing happened on 8/21/2003. Then John Clements has that signed statement there. He's the one that signed off on the bathroom at that time. The house was bought on 9/22/08 (sic). And Susan B. Williams is the one that bought the house. She -- prior to having purchased the house, she asked for some changes made to the bathroom. They were made. Unfortunately WCI did not pull the permits for those additions, remodeling of the bathroom and the bathtub and the showers. MR. LARSEN: All right. So it's a WCI community. MR. BALDWIN: Correct. MR. LARSEN: And WCI did the work and they didn't pull the permits, and she went in there -- and Ms. Williams bought the condo and then put it up on the market, and somebody saw that the bathroom wasn't properly configured and it came to the county's attention. MR. BALDWIN: Correct. Which she is unaware that WCI never pulled the final permits. MR. LARSEN: And have you had communication with Ms. Williams? MR. BALDWIN: Yes, off and on. For the last year we have had communication. The last time I spoke to her back in January she stated that she was trying to get a contractor to pull the permits. But she travels back and forth. Apparently she has an important job and she hasn't been down there since. I have made several phone calls since then and she has not returned my phone call, so that's why we're here today. MR. LARSEN: All right. And you've looked over the county records and when WCI originally filed for the permits. Basically it was configured in a different form. MR. BALDWIN: Correct. That's why I submitted with the C-l the master plan ofthe house. It shows the closet and the bathroom to the right. And when you look at the photographs looking in, there's clearly a whirlpool/bathtub, no closet, and the shower is over to the Page 77 1611A 3 September 25, 2008 left with a small closet. MR. LARSEN: So this person is caught in the middle. MR. BALDWIN: Correct. MR. KRAENBRING: So when the house was built, it was built with this alteration. MR. BALDWIN: When the house was originally built, it was built to the master plan that WCI submitted to the county. After it was C.O.'d on 9/8/2003, after it was C.O.'d, sometime between then and 9/22 the remodel of the bathroom took place. MR. KRAENBRING: WCI performed this remodel? MR. BALDWIN: To the best of my knowledge, yes. MR. DEAN: You know, a lot oftimes a buyer will get a credit to finish, because it looks like a nice tile floor bathroom, and it's not a common thing that they would provide. So they give them a credit and then they go to their own contractor and finish it. So it doesn't mean WCI did it, it means they might have had their own contractor do it. MR. KAUFMAN: When did you say she purchased this property? MR. BALDWIN: 9/22/08 (sic). MR. KAUFMAN: You sure that's -- 9/22/08? MR. BALDWIN: I'm sorry, 9/22/07, correct, sir. 9/22/07. MR. KAUFMAN: She didn't buy it yesterday. MR. BALDWIN: Right. Sorry. CHAIRMAN LEFEBVRE: 9/22/03. MR. BALDWIN: Again, let me make a correction. She purchased the property in 9/22/03, roughly 14 days after the house was C.O.'d on 9/8/2003. MR. LARSEN: This is a familiar quandary where we have a large builder like WCI who mayor may not be responsible for the reconfiguration which deviated from the plans. And a homeowner who of course is, you know, not a full-time resident of Collier County. Page 78 16 rl A 4 September 25;1008 But the problem is that basically we have an unapproved improvement to the property. And, you know, without proper permits and inspections, we do not know if it was done correctly or not. So it appears that to my mind at least that a violation does exist. CHAIRMAN LEFEBVRE: Any other comments from the board? MR. DEAN: Well, let me just add to that. I feel the same way, because of the fact that I know out there that a lot of builders will give a credit to a buyer that wants to finish it in a more professional manner, more expensive tile. So they give them a credit. So I've known some cases like this. CHAIRMAN LEFEBVRE: But this is a little more than tile. This is something that a homeowner would probably not do afterwards. Because there's issues with the slab and everything. You would have to dig up the slab and so forth. That's usually not what a credit is given to. Like you said, a credit is given for tile and so forth. Being in the business, I know that. But to reconfigure walk-in closets and moving a tub, that would be more than likely done prior to someone taking occupancy. And unfortunately it's the owner's responsibility to make sure it's correct. MR. LARSEN: Right. And that's the problem we have with Ms. Williams. She was probably acting in good faith, was not aware that permits were not obtained, but she is the owner and she is ultimately responsible. And it's unfortunate, but that's the law. So I would make a motion to find that a violation does in fact exist. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I will second. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. Page 79 16 11 A 3 September 25, 2008 MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays. MR. KRAENBRING: Nay. MR. LARSEN: Recommendation? MR. BALDWIN: That the CEB order the respondent to pay all operational costs in the amount of $87.44 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: One, applying for and obtaining all Collier County after-the-fact building permits for improvements. Must execute all issued permits so as to obtain all required inspections through to issuance of a certificate of completion within 120 days of this hearing or a fine of $200 a day will be imposed until the violation is abated. Two: Or in the alternative, must obtain a Collier County demolition permit for the removal of all non-permitted additions and improvements, remove all material from the property, and to request all inspections through the issuance ofthe certificate of completion and so as to restore the premises to the state of compliance within 120 days of this hearing or a fine of $200 a day will be imposed until the violation is abated. Three: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. CHAIRMAN LEFEBVRE: A comment. Is there any way to get around the after-the-fact permit fees, due to the fact that this was not even remotely in her control? Is that at all possible? MR. BALDWIN: I believe that would be up to the building department. CHAIRMAN LEFEBVRE: Building department, okay. Page 80 16 11 ~ September "25, 2ds And I think that the $200 a day is quite excessive. Any other comments from the board? MR. PONTE: I agree with you about the fine. MR. LARSEN: Well, I don't know if the term excessive is appropriate. If you're asking it to be reduced, perhaps you can provide a number to which you think it might be more appropriate. MR. PONTE: I think $] 00 would be much more appropriate. CHAIRMAN LEFEBVRE: I think $100 is still a little bit on the high side, but I would be -- MR. KELLY: I would think $50. And, you know, if they're four times the amount that I see as appropriate, I would consider that excessive. MR. KRAENBRING: $50 is exactly what I was thinking. And 120 days is fine. My sense of it is that this probably will just go right through. Probably professional work is probably done by the builder and somehow she's caught in the paperwork here. MR. LARSEN: Well, I think I'd support a motion for $100 per day. CHAIRMAN LEFEBVRE: Just another I guess statement of fact. She may be able to provide some documentation showing that these changes were asked of the builder. Usually that is written in like a sales purchase contract. Or there may be some kind of plan that she can provide to show that she -- this is the way she wanted the bathroom configured. So maybe going to the building department with that, showing that WCI did the work, that might streamline the building process, I would think. MR. LARSEN: She might be able to go back to WCI and ask. Well, they're in some kind of reorganization, I think. CHAIRMAN LEFEBVRE: Right. MR. LARSEN: I don't think that would work. Page 81 ,....'_'.M_ _ 1- 6' '"""!,,,1 l,'~ "':ll', ---';J. "4 l;" Septe~ber J5, 2088 CHAIRMAN LEFEBVRE: But usually something of this magnitude to be changed would be written down somewhere. And usually it's changed in a -- some kind of format. But we have a motion. Do we have a second? MR. KRAENBRING: Actually, we -- MR. LARSEN: I don't know if we have a motion. MR. KRAENBRlNG: Yeah, I make a motion that we accept the county's recommendations, with the change to the fine being $50 per day on both items number one and two. CHAIRMAN LEFEBVRE: Do I hear a second? MR. KELLY: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRlNG: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. BALDWIN: Thank you. CHAIRMAN LEFEBVRE: Next case will be BCC versus Israel and Delma Gallegos. (Speakers were duly sworn.) MS. WALDRON: This is in reference to Case No. 2007060101. F or the record, the respondent and the board were sent a packet of evidence, and we would like to enter the packet of evidence as Exhibit A. MR. KELL Y: Make a motion we accept the packet. CHAIRMAN LEFEBVRE: Do I hear a second? Page 82 16/1 A 3 Septembef25, 2008 MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. WALDRON: Violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 1 0.02.06(B)(1 )(a), 1 0.02.06(B)(I)( e), and 1 0.02.06(B)( e )(i). Description of violation: Multiple additions built onto structure without first obtaining proper Collier County permits. Location/address where violation exists: 1318 Pair Street, Imokalee, Florida, 34142. Name and address of owner/person in charge of violation location: Israel and Delma Gallegos, 1318 Pair Street, Immokalee, Florida, 34142. Date violation first observed: June 1st, 2007. Date owner/person in charge given notice of violation: June 8th, 2007. Date on/by which violation to be corrected: July 8th, 2007. Date of reinspection: June 26th, 2008. Results of reinspection: Violation remains. At this time, I would like to call Code Enforcement Investigator Jon Musse. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Page 83 1611 A ~ September 25, 2~ This is in reference to Case No. 2007060101 dealing with the violation of unpermitted -- CHAIRMAN LEFEBVRE: Speak a little more slowly, please. MR. MUSSE: I apologize. Located at 1318 Pair Street, Imokalee, Florida, 34142. Personal service and notice of violation was given on June 8th, 2007. I would like to present case evidence in the following exhibits: B-1 through 10. Property owner did get copies. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. DEAN: Motion to accept. MR. KELLY: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MR. MUSSE: On June 1st, 2007, received this case as a complaint stating that the property owner added onto the structure without first obtaining permits. Upon my arrival observed construction debris on the ground, and also observed obvious additions on both sides and rear of mobile home, and addition to the shed that was converted into a guest house for migrant workers. Spoke to a gentlemen that was working under the bus and asked him ifhe was the property owner. He stated that he was a tenant that Page 84 16/-1 A ~ September 25, 20~ lived in the rear of the property, but the owner lives in the main house. I then spoke to Delma Gallegos and explained the complaint. She stated that she wasn't aware of any unpermitted additions, but her husband might know something but he isn't home at this time. I then gave her my card with my contact information and asked for her husband to give me a call as soon as possible. Conducted some research on the property and was only able to find one permit. Permit No. 75-1930, for a 14 by 25 room (sic) addition onto a mobile home. If you look at the picture of the aerial shot, the orange is the actual mobile home. To the side is the shed. That was the original structure_ Right over here -- on the property card it did not state what exactly was permitted. All it gave me was measurements, 14 by 25. I asked the property owner. He couldn't remember because it was such an old permit. So I took measurements of this structure and it added up to 14 by 25. We're assuming that that's the permitted structure, addition. And the rest of the property is unpermitted. June 8th, 2007, on-site I spoke with Israel Gallegos and explained the violation. He informed me that he has placed his son in charge of his property and asked me if I could wait for him to arrive. About 15 minutes later I met with Jacob Gallegos, son of the property owner. I explained the violation and informed him that he would need to get -- go to the building and permitting department and obtain a permit for all the additions, if permissible. Notice of violation was served and signed by Jacob Gallegos, who stated earlier that he lives at this residence. September 4th, 2007, violation remains, no permits have been issued at this time. Called Jacob Gallegos. He stated that he went to the building and permitting office and was still confused on how to obtain a permit for the additions. Page 85 ie~e!n~~r 2~ 20J I decided it would be best to schedule a meeting with Mr. Gallegos in the building and permitting department. September 12th, 2007, received an e-mail from Carol Stachura from permitting and building. Invited me for a permit meeting on September 14th. September 14th, 2007, met with Maria Rodriguez of permitting and Jacob Gallegos in the Immokalee office. She informed him that he would need to obtain engineered drawings for all the unpermitted additions and obtain permits for them, if permissible. If permit could not be obtained he would have to obtain the demo permit and remove the additions that are in violation. Mr. Gallegos stated that he will speak with his father and make a decision. October 26th, 2007, went on the site, took current pictures of the violation. Spoke with Israel Gallegos. Asked if we could take pictures of inside the unpermitted additions. He stated -- from inside of the house. He said that he doesn't feel comfortable without the presence of his son. He attempted to get in contact with his son but wasn't able to get ahold of him. Case was scheduled to appear before the Board of County Commissioners on November 12th, 2007. November 12th, 2007, case was presented before the Board of County Commissioners. The board recommended code enforcement to hold off on sending this case to the Code Enforcement Board for at least six months and have the property owner get in contact with Rick Heers ofIHOPE to see if they're eligible to get a new mobile home. Continue to monitor the property with the violation remaining. September 12th, posted notice of hearing on the property and courthouse. Conducted a site inspection September 23rd. Violation remains, no permit has been issued. That concludes my -- Page 86 16/t A 3 September 25, 2008 CHAIRMAN LEFEBVRE: Go ahead, sir. MR. JACOB GALLEGOS: Yeah, we realize that we're in violation. We understand all that. I've worked -- I haven't worked closely with Mr. Jim Coletta when we went to the Board of County Commissioners. He said he would work with us. I've gone out to the Chamber of Commerce, I've met with him a couple of times -- well, few times within the last eight months. I've met with Mr. Rick Heers. IHOPE is saying they don't have funding just yet to help us out, because it's kind of like a little complicated situation. My dad doesn't -- he didn't work for the county, he didn't have ajob to where he can reach into a 401-K and take care of this matter within six to 12 months. So what we're asking is, or what I'm asking is, is there any way we could get a little bit more time? Because I talked to Mr. Rick Heers, which is in charge ofIHOPE. We know we're in violation, we understand that. We want a little more time to see iflHOPE can help him out. He -- currently he's employed by me, because I own a small business in lmmokalee. I'm a new small business owner. I pay his medical bills, I pay everything for him. So it's more of a financial crisis than not wanting to get this corrected. I'm asking for more time, see ifIHOPE can help him out. CHAIRMAN LEFEBVRE: How much time are you looking for? MR. JACOB GALLEGOS: Okay, I had one scenario. I was asking to see ifI could get to next May, and let me explain why I say that. He had a large family. I have a lot of brothers and sisters. I've gone to Plan B and I've gone to them, I've gotten with them and I said hey, look, this is the situation. This is where he's at. And before I get to that, I had to sell my house back in May of last year to move in with him to help him out, the medical situation Page 87 1 ~JeJb~25, ~08 with him and my mom and all that. So I pay most of his bills, his water bill, everything for him. I've gone Plan B. I would hope to get to next May. And I say this -- this is why I say that. Because tax season comes in. I've gotten two quotes from Freeman and Freemen Construction and YEI, another company, about demolition. Because one of the choices is either demo some of the building and get the rest of it engineered. The costing is anywhere from 10 to $15,000. And I don't have money to pull that out right now just to write a check to someone, you know, within this time frame. I know I'm not going to have that money. So I was hoping till next May, you know. And after that, whatever happens happens. Because income tax season comes in. I've asked my brothers and sisters, said hey, can everyone individually give me $1,000 so I can take care of this matter. Whether it's demo, whatever our option is at that time. If -- best case scenario is IHOPE steps in and helps us out. You know, I've spoken to Jim Coletta a couple times, a few times down at the Chamber of Commerce in lmmokalee, and he said, you know, just to keep talking and working with Rick Heers. So that's kind of where we're at. MR. LARSEN: Mr. Chairman, may I ask a question of the respondent? CHAIRMAN LEFEBVRE: Absolutely, yes. MR. LARSEN: Okay. From what I gathered from the officer's testimony was there was originally a mobile home here? MR. JACOB GALLEGOS: Right. MR. LARSEN: And was it your father that built up and around the mobile home? MR. JACOB GALLEGOS: Yeah. Him and his brothers, yes. MR. LARSEN: Okay. And when they built around the mobile home, what, did they add on living space, storage space? What kind of space did they add to the mobile home? Page 88 1geJtelber 2~, 20~ MR. JACOB GALLEGOS: Well, first it was living -- well, he can answer it but, I mean, I've lived there most of my life. Most of it was say you build a storage space. Well, when you have a large family -- see, he had nine kids. There's nine of us. And then his brothers. You're talking about 1975. And out in lmmokalee, I mean, I can just -- I know how it is today. I can just imagine how it was back in 1975. It became living space because, you know, nine kids, all of a sudden you have 15 people in the household, 20 people in the household. It's a different situation back in 1975 than it is today. So it was first built as storage space, but as time moved on all of a sudden it became a bedroom. Because that's-- MR. LARSEN: And is there electrical service to those rooms? MR. JACOB GALLEGOS: Yeah. Most of them there is. MR. LARSEN: And do you know who did that electrical service? MR. JACOB GALLEGOS: Who's that -- MR. ISRAEL GALLEGOS: Sam Baker. MR. JACOB GALLEGOS: Sam Baker. He used to be a contractor out there in lmmokalee. MR. LARSEN: And is there plumbing, water service to that? MR. JACOB GALLEGOS: Just to the restroom. Not to the rooms or anything like that, just to the restroom. MR. LARSEN: All right. And is it only family members that are living there now, or are there non-family members? MR. JACOB GALLEGOS: No, it's just me and my kids and my mom and dad. MR. LARSEN: Okay. CHAIRMAN LEFEBVRE: From the investigator's testimony, he did say that he spoke to a person who stated that he was a tenant in one of the units there. MR. MUSSE: I have spoken to Mr. Gallegos about that and Page 89 16 J 1 A ~ September 25, 2CJ'l'lS informed him that since it's an unpermitted structure, he's not allowed to have any migrants living in there, and he has removed them. MR. JACOB GALLEGOS: It was a few guys that does odd jobs for me, for my business, you know, the farm workers and stuff like that. They did -- they would live there. You know, I would give them a break. So that's -- I mean, it's a large house. I'm not going to sit here and say it's not. I'm not here to say no, I'm not in violation. I know I'm in violation. I'm just trying to buy some time to -- you know, it's a big financial cost, I don't -- to get an engineer. I've started to work with Freeman and Freeman now. And, you know, I'm just -- I'm hoping -- CHAIRMAN LEFEBVRE: Any other questions from the board? MR. KRAENBRING: I would just say that it's apparent from the county and the respondent that a violation does exist. It's just going to be a matter of when we get the county's recommendations how much time we can afford this gentleman to -- CHAIRMAN LEFEBVRE: Are you making a motion? MR. KRAENBRING: -- correct it. I make a motion a violation does exhibit. CHAIRMAN LEFEBVRE: Do I hear a second? MR. PONTE: I second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Page 90 16J 1 ,~ j September 25, 2008 County recommendation. MR. MUSSE: The county recommends respondent to pay operational costs in the amount of $86.45 within 30 days of this hearing incurred in the prosecution of this case, and abate all violations by: Obtain a Collier County building permit for all the additions and obtain all inspections, certificate of completions within 120 days of this hearing or a fine of $200 a day will be imposed until violation is abated. Or obtain a Collier County demolition permit, inspections and certificate of -- THE COURT REPORTER: Slow down, please. MR. MUSSE: Still too fast? I'm sorry. Obtain a Collier County demolition permit, inspections and certificate of completions within 120 days of the hearing or a fine of $200 per day will be imposed until violation's abated. Respondent must notifY code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. MR. KELLY: I have a comment for the board. A little insight. As chairman of the Affordable Housing Commission, I am familiar with IHOPE's application. I can't tell you obviously the status of it, but that they have submitted for funds. There's also DR! or Disaster Recovery Initiative funds that are available to Collier County, and there's of course SHIP funds. And one of the most active parts of the Housing and Human Services Department is the rehab program. Depending on income qualifications, there are a number of avenues that the respondents can take to try to help this situation. However, all of them are going to take a significant amount of time; much more than the 120 days suggested. MR. DEAN: You know, I think most ofthe time we care a lot about health and safety issue. And it's always on our minds, and I Page 91 161"] A 3- September 25,2008 know as we talk all the time, because there's some additions put on there, there's some wiring done, and you're always worrying about a fire if it's not done properly. That's always my main concern. So -- and I'm sure that the board members have that same concern, as we all do. So -- and that would be my main concern that -- your statement. I'd be happy to help you, but I just have a problem with safety issue. Thanks. MR. KRAENBRING: Mr. Kelly, what do you think would be an appropriate time frame, considering your insight knowledge of these funding? MR. KELLY: Well, obviously it all rests on whether or not he qualifies for any of those programs. But I can tell you, we're going into a new cycle. If funds are appropriated he probably would not be able to use them for at least six months and then probably another six months after that before construction could be completed. CHAIRMAN LEFEBVRE: What is the board's -- any other board members? MR. L'ESPERANCE: We have to keep in mind that no matter what the time period or time frame is we have on this particular recommendation from the county, that it can always come back to us after the accomplishment or not accomplishment of the construction process, and we can mitigate this order. CHAIRMAN LEFEBVRE: Any other comments from the board? MR. PONTE: No, I think we have to take very seriously the professional opinion and observations made by our colleague, who is on several boards. And I would think then that one year is not unrealistic in this case. And I think the $200 fine per day is excessive in this case. It's just unrealistic. MR. LARSEN: I agree that the $200 per day is unrealistic. I do Page 92 161'1 A September 25, 20~ agree. My concern, however, is basically they have a history of having migrant workers in the house. That, you know, this has been going on quite a while. It seems like it's a substantial violation. We do not know if they quality for these different programs. I'm, you know, flexible on 120 days, but I would not like to see this go out, you know, so far that we lose track of it. MR. PONTE: Well, the only point is that Ken has mentioned that you would not have funding for at least six months; is that correct? MR. KELLY: That's correct. MR. DEAN: I'd like to add one thing. Don't forget, the first violation was June, '07. This is September, '08, you know. And nothing -- it still remains, so -- they were notified over a year ago and it's still the same way. MR. L'ESPERANCE: I don't think we should lose our sense of urgency when it comes to the safety and welfare issue that you were speaking of earlier. And if we extend this too long, I think we reduce the amount of urgency and concern we have over the safety and welfare issue. And again, we can come back and revisit this when something is accomplished. MR. LARSEN: Yes, I agree. And I appreciate Mr. Morgan (sic) pointed out that the original violation was observed on June 1st, 2007. CHAIRMAN LEFEBVRE: I think six months. Then if they come in front of us again in six months and see what the progress is would be a good way to keep them in front of us. And also reducing the fine from 200 to maybe $100 a day. MR. LARSEN: I agree with that. I do. I think that's a fair-- CHAIRMAN LEFEBVRE: Do I hear someone making a motion? MR. KELLY: Well, if they're asking till May, do you want to give them until the end of May? That's just another month and a half Page 93 16 I 1 t\, 3 September 25,2008 or so. MR. JACOB GALLEGOS: Please? CHAIRMAN LEFEBVRE: We can possibly give them until our May hearing. MR. LARSEN: I think that's fair, sure. I believe that's an appropriate suggestion. I do not know when the May hearing is, but I guess we can just say until the date specified in May for this board. CHAIRMAN LEFEBVRE: Jean, we usually give a date specific instead of -- MS. RAWSON: We do. CHAIRMAN LEFEBVRE: -- meeting specific. MS. RAWSON: I can only guess what Thursday that would be in May, but I'm sure they haven't worked out the schedule yet. They're very efficient, but -- MR. LARSEN: Oh, they wouldn't be coming back on the calendar in May, would they? MS. RAWSON: They might. It would be May 21st. CHAIRMAN LEFEBVRE: So if we give -- that would be about seven months out, eight months out? MR. KELLY: Seven and a half. CHAIRMAN LEFEBVRE: Give them eight months out and -- MR. LARSEN: That's fine. CHAIRMAN LEFEBVRE: -- that would give them past our May meeting, correct? MR. LARSEN: And your suggested motion was $100 per day? CHAIRMAN LEFEBVRE: It wouldn't be my motion, it would be someone else's. MR. PONTE: It was my suggestion. CHAIRMAN LEFEBVRE: It was Mr. Ponte's suggestion. MR. LARSEN: It would be $100? Okay. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. LARSEN: I guess Mr. Ponte, do you want to make the Page 94 le~eLbt 25~00s3 motion? MR. PONTE: I think you have it all right there. MR. LARSEN: Okay. I'd make a motion that the penalty be imposed -- or the recommendation of the county be amended to give the respondent until May 21 st, 2009 in order to obtain the building permit or to obtain a Collier County demolition permit be extended until May 21 st. And that a fine of $1 00 per day be imposed until the violation is abated. I so move. MR. L'ESPERANCE: I'll so second. CHAIRMAN LEFEBVRE: The respondent must notity the code enforcement investigator within 24 hours of the abatement in order to MR. LARSEN: Right, all other parts of the recommendation, with the exception that the operational cost be paid within 30 days remain the same. MR. L'ESPERANCE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? MR. DEAN: Nay. CHAIRMAN LEFEBVRE: One nay. MR. KELLY: Also, if! may, I'd like to add that invite the respondents to participate in an open house down at the Housing and Human Services Division. And I've written the date and the time on the back of this, if you'd like to pass it on. MR. JACOB GALLEGOS: Appreciate that. CHAIRMAN LEFEBVRE: All right, next case will be BCC Page 95 16/1 Jl 3 September 25, 2008 versus D.C. KerckhotfCompany. MR. KELLY: Jean, I need one of those handy-dandy forms, as I need to recuse myself. Kerckhoffs our customer. MR. L'ESPERANCE: And I need to recuse myself also, so we'll need two, Jean. CHAIRMAN LEFEBVRE: Mr. Kaufman will be voting on this case and this case only. MS. WALDRON: For the record, also, they have agreed to a stipulation agreement. CHAIRMAN LEFEBVRE: Okay. Well, we're able to break Mr. Kitchell Snow of talking too fast so -- MR. SNOW: My reputation precedes me. (Speaker was duly sworn.) CHAIRMAN LEFEBVRE: Mr. Kraenbring is going to be stepping out for a minute. He's not feeling well. So would it be proper that he not vote until the next -- MS. RAWSON: So let's be sure we have a-- CHAIRMAN LEFEBVRE: We have a quorum. MS. RAWSON: -- quorum. CHAIRMAN LEFEBVRE: Yes, we do. We have four. MR. DEAN: Five. CHAIRMAN LEFEBVRE: Five. Thank you. I can't count. Five voting members. So we should be fine. MR. SNOW: For the record, Investigator Kitchell Snow. This is Case No. 2007090683. We have reached an agreement between the county and respondent as follows: They're to pay operational costs in the amount of$91.07 incurred in the prosecution of the case within 30 days. And two: A, to submit for and obtain an improved site development plan within 180 days of the date of the hearing or a fine of $250 a day will be imposed until such time the site development plan is obtained, or cease utilizing said property by removing all Page 96 l b i ,=d A 3 September 25, 2008 storage, machinery, sheds, et cetera, and return the property to its original state within 180 days of the date of the hearing or a fine of $250 a day will be imposed until said property is returned to its aforementioned state. And 2-B is: The respondent must notifY the code enforcement investigator within 24 hours when the violation has been abated in order to conduct a final inspection to confirm abatement. MR. LARSEN: Supervisor Snow, what is the violation? MR. SNOW: The property is being utilized without first obtaining a site development plan. He's rented the property for quite some time, but it's never been approved for any use. It's vacant industrial. And he needs to have a site development plan to use that. MR. LARSEN: And what is he using it for? MR. SNOW: Usually storage of machinery, storage of product. And he does have some unpermitted sheds on there. Depending on what he wants to do with that property is going to determine how long the site development plan's going to take, what his engineer submits. My initial feeling is the 180 days is okay, but I have advised him and his counsel that if they approach the 120, 140-day mark and they don't see a whole lot of progress because of the submittal process, then we request them to come back to the board to resubmit for more time to accomplish this. But 180 days is sufficient. MR. LARSEN: Where is Elsa Street, Naples? MR. SNOW: It's in the Industrial Park, sir, up off of Pine Ridge. MR. PONTE: I have a question for you, Investigator. In the order to correct the violations, you asked the respondent to cease and desist business activities, but that's not here in this stipulated agreement. So 180 days seems very lenient indeed to me if the order to correct violation was going to be cease and desist business activity. MR. SNOW: Well, sir, we're asking him to -- as long as he's Page 97 sJt~leJ21,hoo~ .. , , " submitting for the site development plan, and he has submitted already, he has applied, so he's in that process. So either he has to continue with that process or remove anything he's got on there. He's not actually conducting business from that site, he's using it for storage. He's got some sheds on there. So technically he could remove all that off of there and it would be fine. He's not having customers come on that. That's for employees. He's just storing product on there. He has a couple sheds and he has machinery on there. MR. PONTE: Okay, thank you. MR. LARSEN: Do I read this correct? What is the size of the property? It seems -- a legal subdivision, it says 100 acreage? (Mr. Kraenbring enters the boardroom.) MR. SNOW: Let me look, sir. It is a large parcel on there. It's 2.45 acres. MR. LARSEN: 2.45 acres. MR. SNOW: And again, depending on his utilization, what he wants to utilize that for, is going to determine how long and how expensive his site development plan is going to take. And he has applied already. He applied in February for the site development plan. But it's just no progress on it. MR. LARSEN: And during this period of time, what is going to be the status of the activity on the property? MR. SNOW: It continues in the same status. It's got the sheds on there. And again, this is typical when they are applying for a site development plan. The county allows them to continue to utilize that property, as long as they're progressing toward an end. MR. LARSEN: And the nature of the activity is heavy machinery and storage? MR. SNOW: Storage. Storage of product, machinery. He's got a few sheds on there. Page 98 161-' A 3 September !5, 2008 . And again, there's no customer contact. There doesn't look to be any electricity on the back of that property. He purchases -- he's got a property in the front. It would be landlocked, except that he owns that property in the front so he has access directly to that property. MR. LARSEN: And there's no problem with the property in the front, this is just -- MR. SNOW: No, this is just the property in the rear. MR. LARSEN: So there is no problem with ingress or, you know, exit from the property? MR. SNOW: No. No, sir. MR. LARSEN: It all goes through his. MR. SNOW: No, that's fine. The property in front is in compliance, it's just the property in the rear. MR. LARSEN: Okay. And the stipulation is where? CHAIRMAN LEFEBVRE: (Handing.) MR. KAUFMAN: Is there any reason for a stipulation to show $250? MR. SNOW: That's a -- it's a land use issue. And this case has gone on quite some time. Again, we're talking February when the application was submitted. And we don't want to impose any undo hardship on any client. It's just a little incentive to go ahead and let's get this done. Let's get this over with and continue on with business. We don't want him to stop doing business. We don't desire to have any undo hardship on any respondent. Again, this is just to let him know we've got to get this done. 180 days is sufficient time. But if he runs into some roadblocks, he can always come back before this board and say I need more time. And the board has always been more lenient in that venue. MR. LARSEN: Mr. Kerckhoff, this is fine with you? You think you'd be able to do this within the time period? MR. KERCKHOFF: I hope so. $250 is a lot to pay. We've been Page 99 16/1 Ii 3 September 25, 2008 using the property for the same purpose for about 20 -- almost 20 years. MR. LARSEN: And you feel that you can get the site development plan and everything together within 180 days? MR. KERCKHOFF: From what I understand today, this is -- I hope I can. MR. LARSEN: Okay. All right. Well, in that case, basically I'd make a motion to approve the stipulation between the county and the respondent as so proposed. CHAIRMAN LEFEBVRE: Do I hear a second? MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. DEAN: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. KAUFMAN: Aye. MR. LARSEN: Thank you. MR. SNOW: Thank the board. CHAIRMAN LEFEBVRE: Do you need a break again? MR. LARSEN: We're going on to old business now. THE COURT REPORTER: I wouldn't mind five minutes. CHAIRMAN LEFEBVRE: Fine. (Recess.) CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement Board meeting back to order. And under old business, motion for imposition of fines and liens, BCC versus Jeffrey Macasevich. (Speaker was duly sworn.) MS. WALDRON: This is in reference to Code Enforcement Case No. 2006100314. F or the record, the respondent is not present. Page 100 ""I'~",.'" A ~ J1. c,; 'LSeptember 2~2008 On March 27th, 2008, the Code Enforcement Board issued a finding of fact, conclusion of law and order, and that order is attached for your review. The respondent was found in violation and the respondent has not complied with the board's orders from March 27th, 2008. At this time the county is recommending imposing a lien for the fine at a rate of $150 per day for the period between July 27th, 2008 to August 4th, 2008 for a total of nine days and a total of $1,800. Operational costs in the amount of $264.18 have not been paid. MR. PONTE: Jen, I have a question. With the operational costs is -- I know that there's been a change and we're going to talk about that in the workshop, but is there -- should this operational cost then be reduced? MS. WALDRON: I think that might be a question better for Jean. Since this was ordered, I'm taking it directly off of the orders that are recorded. MS. RAWSON: This is a case that appeared before you on March 27th. And that's before the change. And on that day you ordered operational costs. So I think it's already in the order. MR. LARSEN: Is the calculation of the damages of$I,800 correct? MR. KELLY: The damage calculation is wrong. However, the amount is correct. And the reason why is because item number three has a fine of $200 per day, not 150. So the final calculation I believe is correct. MR. LARSEN: All right. Let's see here. MR. KELLY: Item number three under the order, second page. MS. WALDRON: Yeah, that should state $200 a day instead of 150. Which would be the correct amount for 1,800. MR. LARSEN: All right, number three on the order dated the 2nd day of April, 2008, if the respondent shall not comply with paragraph one of the order of the board by July 26th, 2008, then there Page 101 16/f A 3 September 25,2008 will be a fine of200 per day for each day the violation remains. So the recommendation of the county is now changed to fines at a rate of $200 per day for the period between July 27th, 2008 to August 4th, 2008, a total of nine days for the total of $1 ,800. And fines continue to accrue; is that correct? MS. WALDRON : Yes. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: I make a motion that we impose the fine. CHAIRMAN LEFEBVRE: Do I hear a second? MR. LARSEN: Second. CHAIRMAN LEFEBVRE: All in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. Next one will be BCC versus Mary Edwards. And Ms. Edwards is going to come up to the table here right next to Jean. Are you able to hold the mic? Not a problem? Okay, very good. (Speakers were duly sworn.) MS. WALDRON: This is in reference to Code Enforcement Case No. 2006080127. For the record, the respondent is present. On March 27th, 2008, the Code Enforcement Board issued a finding of fact, conclusion of law and order, and that order is attached for your review. The respondent was found in violation and the respondent has not Page 102 16 J 1 A 3 September 25, 2008 complied with the board's orders from March 27th, 2008. At this time the county is recommending imposing a lien for the fine at a rate of $200 per day for the period between July 27th, 2008 to September 8th, 2008, 44 days, for the total of $8,800. Operational costs in the amount of$303.13 have not been paid. And at this time, Investigator Ambach would like to just speak to the case, please. MR. AMBACH: Thank you. For the record, Investigator Christopher Ambach, A-M-B-A-C-H, Collier County Code Enforcement. I'd just like to let the board know that on September 23rd, myself and Supervisor Suzanna Capasso met with a housing department representative, Tammy Hammer, and she's informed us that Ms. Edwards has applied for and has been approved for a new modular home under the Residential Rehabilitation Program, and she's working towards abatement as we speak. And again, once the violation has been abated, she can come back in front of the board at that time. But she is -- she's been in contact and they're working very closely with her. So we're very happy. MR. L'ESPERANCE: She's been in contact with who again? MR. AMBACH: With Tammy Hammer, the DR! rehabilitation specialist through the Housing Department for the Residential Rehabilitation Program. MR. L'ESPERANCE: Thank you. CHAIRMAN LEFEBVRE: And was a time frame given on when this may be abated? MR. AMBACH: They didn't -- no. Not a specific time frame, no. MR. KELL Y: There could be a major issue here. They're not going to get a loan from the government ifthere's any type oflien against the property. It could halt this whole thing right in its tracks. Page 103 1~lb125, 2~08 j I would like to see ifthere's any way county could pull this and maybe see how the application process goes for a month or two before we continue. Because if she's been approved, then they go to find this lien, it would stop it. MS. WALDRON: We would be-- MR. LARSEN: Let me ask a question of the officer first. You stated that she's been approved for a new modular home? MR. AMBACH: That's correct. MR. LARSEN: And a new modular home would be placed where? MR. AMBACH: On the existing property. MR. LARSEN: And that means the old modular home would be taken away? MR. AMBACH: The old mobile home, sir. MR. LARSEN: Old mobile home will be taken away. MR. AMBACH: That's correct. As far as I know, I'm not sure if Ms. Edwards has made a decision as to whether or not she's going to actually go forward with that. MR. LARSEN: And the violation initially was that basically she had not obtained an enclosure permit for the enclosure attached to the current mobile home? MR. AMBACH: That's correct. MR. LARSEN: Okay. And that would be a moot point ifshe gets a new home? MR. AMBACH: That would be correct. MR. LARSEN: Then I agree with Mr. Kelly. Should we place a lien against this property, you know, Ms. Edwards would probably have a major problem down the road from a title point of view. CHAIRMAN LEFEBVRE: Ms. Flagg would like to speak. MS. FLAGG: Mr. Chair, the County would very much support a continuance on this case. MR. LARSEN: For how long? Page 104 11 r ~ I _ ~.""-' A 3 September 25, 2008 MS. RA WSON: I think the easiest way for you guys to do it is just ask the County if they would just pull it off. Because you're here because you want to impose a lien, a fine. And if you don't hear it, you know, then leave it up to Ms. Flagg to decide when she wants to put it back on. CHAIRMAN LEFEBVRE: Ms. Edwards, I guess -- MR. LARSEN: Is that what the County wants to do? MS. FLAGG: That would be fine. CHAIRMAN LEFEBVRE: Would you like to speak at all? MS. EDWARDS: No. I don't have anything to say, really, except that I live on an extremely fixed income and I got this property as an inheritance from my father. And what he did previous, I have no idea. I know that that part has been built on that trailer, at least part of it, for 35 years. CHAIRMAN LEFEBVRE: And you have applied and you've been approved and you plan on moving forward and so forth? MS. EDWARDS: Yes. CHAIRMAN LEFEBVRE: And do you understand what we were just discussing right now? MS. EDWARDS: I certainly do. Both Lisa and Tammy have been in contact with me all the time. CHAIRMAN LEFEBVRE: But you do understand the conversation we just had was that we were going to possibly decide to pull it from today and then at some time in the future bring it back and hopefully -- MS. EDWARDS: I totally understand. CHAIRMAN LEFEBVRE: -- that time in the future will be when you have a new mobile home and everything can be taken care of at that point. MS. EDWARDS: I totally understand you. CHAIRMAN LEFEBVRE: We don't want to place a lien on your property which may hinder you getting approval or final Page 105 16,-71 A 3 September 15,2008 approvals and getting your mobile home. So that's where we stand right now. MS. EDWARDS: I'd rather you wouldn't do that also. CHAIRMAN LEFEBVRE: Okay. So let's -- do I hear a motion to -- MR. KELLY: I move to continue. MR. KRAENBRING: I don't think we need a motion. It's just going to -- MR. DEAN: Well, it's on the agenda. You've got to pull it, no? CHAIRMAN LEFEBVRE: There's no motion that needs to be made? MS.RA WSON: I don't think you can decide what they put on the agenda. If they take it off the agenda and tell you that we're not going to hear it today, it's really up to them. MR. DEAN: But it's on there now, though, so we can still-- MS. WALDRON : We're not going to hear this today. MS. RAWSON: Okay, well -- CHAIRMAN LEFEBVRE: You'd like to withdraw the case. MS. WALDRON: Yes, we'd like to withdraw this case at this time. MR. DEAN: That's what I like to hear. Okay. It's withdrawn. MR. LARSEN: I'd like to thank the officer for his candor in this matter. I mean, he was very protective of the taxpayer citizen in this regard. MR. AMBACH: Thank you very much. CHAIRMAN LEFEBVRE: You all set? Have a great day. MS. EDWARDS: You too, all of you. CHAIRMAN LEFEBVRE: Just watch out backing up. There's a bigger object behind you than -- MS. EDWARDS: I'll do a rotation. CHAIRMAN LEFEBVRE: All right. The next one is BCC versus 6240 Collier Group, Inc. Page 106 1~11.1l 3 ~p'tembt'r 25, 2008 (Speakers were duly sworn.) MS. WALDRON: This is in reference to Case No. 2007080153. For the record, the respondent is not present. On May 22nd, 2008, the Code Enforcement Board issued a finding of fact, conclusion of law and order, and that order is attached for your review. The respondent was found in violation, and the respondent has not complied with the board's orders from May 22nd, 2008. At this time, the County is recommending imposing a lien for the fine at a rate of $150 a day for the period between August 20th, 2008 through August 29th, 2008, nine days, for the total of $1 ,350. The operational costs in the amount of537.93 have not been paid. CHAIRMAN LEFEBVRE: And I take it there's no representative. Go ahead. MS. O'FARRELL: I recommend the same. This is the County's recommendation. Because Mr. Gillama (phonetic) did call me last night at 6:00 and said that he didn't have the money to do it and he would let me know when it was done. So I haven't had any contact with him whatsoever since the hearing until last night at 6:00. MR. L'ESPERANCE: Describe to me again the nature of the business or the location, please. MS. O'FARRELL: 6240 Collier Boulevard is part of a shopping center. It includes the Goodyear -- I'm sorry, Firestone, a tattoo shop, a couple of other places. And there's a buffer that screens it between the adjacent single-family home residences. So what he's been asked to do is replace that buffer. The shrubs that he planted are doing fine. However, probably 70 percent of the trees have died. Page 107 16/1 A 3 September "5, 2008 MR. L'ESPERANCE: Thank you. CHAIRMAN LEFEBVRE: Do I hear a motion? MR. KRAENBRING: Make a motion to impose the fine. CHAIRMAN LEFEBVRE: Do I hear a second? MR. L'ESPERANCE: Second. MR. DEAN: I'll second the motion. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Any nays? (No response.) CHAIRMAN LEFEBVRE: Motion passes. MS. O'FARRELL: Thank you. CHAIRMAN LEFEBVRE: Any new business? Consent agenda. And I guess the next thing would be request to forward cases to county . MR. KELLY: It's already been consented. Just real quick, the 31st, is it definitely going to be back here? MS. FLAGG: Yes. MR. DEAN: Halloween night, huh? MS. WALDRON : Wear your costume. CHAIRMAN LEFEBVRE: I'm already wearing it. MS. WALDRON: I didn't want to say that. MR. DEAN: 6:00 p.m. CHAIRMAN LEFEBVRE: I guess the only thing left is to adjourn. Do I hear a motion? Page 108 16 I lq ~ September 2( 2008 MR. DEAN: Motion to adjourn. CHAIRMAN LEFEBVRE: Do I hear a second. MR. KELLY: Second. MR. PONTE: Second. CHAIRMAN LEFEBVRE: All those in favor? MR. KRAENBRING: Aye. MR. DEAN: Aye. MR. KELLY: Aye. CHAIRMAN LEFEBVRE: Aye. MR. LARSEN: Aye. MR. PONTE: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN LEFEBVRE: Lunchtime. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:10 p.m. / COLLIER COUNTY CODE ENFORCEMENT BOARD ~~' / ....../ r:'I:~~I:~~ - I These minutes approved by the board on or as corrected as presented Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 109 16/1.. .1 RECEIVED H{I:S i~OV D j 2008 AGENDA Henning . RevISed Coyle COLLIER d)~~~o;;r~~~~~~~o~~MMISSION WILL MEET AT 830 A.M., T~8~~~A~~EMBER 6, 2008, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENT A TlON TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. L PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES - SEPTEMBER 18,2008, REGULAR MEETING 6. BCC REPORT- RECAPS - SEPTEMBER 23, 2008, REGULAR MEETING 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. Petition: CU-2006-AR-II046, VI Ltd, Limited Partnership, represented by Richard Yovanovich of Goodlette, Coleman, Johnson Yovanovich & Koester, P.^', requesting a Conditional Use for the Moraya Bay Beach Club to allow a private club in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) of the Collier County Land Development Code (LDC), as specified in Sections 2.03.02.E for the RT Zoning District and 2.03.07.1.. for the VBRTO. The proposed private club will be located within the residential building. The snbject property, consisting of 4.96+ acres, is located at I I 125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Blnehill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Kay Deselem, AICP) B. Petition: CU-2007-AR-12619, K.O,V,A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in twtI_n4v_stria~ (I) zoning district, as specified per the Collier County Land Development Code (LDC) Subsectl'!Wl'2.~'C.16. The +/- 3.73- acre subject property is located at 1995 Elsa Street, Section I I, Township 4'b~~th, Range 25 E~ Collier County, Florida. (Coordinator: John-David Moss, AICP) .-\:+- OJ. ~ Item#:~t- enpieS to ] 16f]J\ TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida September 18, 2008 4 '--' September 18, 2008 n 1",,\ ,-,,\ n- ,I..~' ,,: ,.c\ '" .~. ~ '" ~,- _! LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed-Caron Tor Kolflat Paul Midney Bob Murray Brad Schiffer Robert Vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Joseph Schmitt, CDES Director Ray Bellows, Zoning & Land Development Review Thomas Eastman, Director of Real Property, School District Page 1 Fiala ~' Halas . Henning Coyle V Coletta :qr / Misc. Corres: Date: Item # Copies to 16/1 A 4 September 18, 2008 CHAIRMAN STRAIN: Good morning everyone. Welcome to the September 18th meeting of the Collier County Planning Commission. Will you please rise for the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) Item #2 ROLL CALL BY SECRETARY CHAIRMAN STRAIN: Okay, roll call by the secretary. COMMISSIONER CARON: Mr. KolfIat? COMMISSIONER KOLFLA T: Here. COMMISSIONER CARON: My. Schiffer? COMMISSIONER SCHIFFER: I'm here. COMMISSIONER CARON: Mr. Midney is absent. Ms. Caron is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER CARON: Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Here. COMMISSIONER CARON: Mr. Murray? COMMISSIONER MURRAY: Here. COMMISSIONER CARON: Mr. Wolfley? COMMISSIONER WOLFLEY: Here. COMMISSIONER CARON: And Mr. Eastman. MR. EASTMAN: Here. COMMISSIONER CARON: Thank you. Item #3 ADDENDA TO THE AGENDA CHAIRMAN STRAIN: Okay. And we have a lot of agenda issues this morning. First of all, this is probably the longest agenda I've seen in the many years I've been on this board. I can certainly tell you we'll be here all day for a number of reasons. But at 4:30 today we will be leaving. We have a budget hearing we have to clear the room for the BCC. They need time to prepare the room. So at 4:30 this meeting will be suspended if need be or continued or hopefully adjoumed by then. With that in mind, there are some other issues on the agenda that we need to take into consideration. Today's meeting, when it does adjourn, is supposed to go right into the LDC hearing that was continued from last week. Regardless of when we adjourn this meeting today or continue it, we will have to open that meeting up. And if it's late in the day, we'll open it, continue it and close it. But for those people who are interested in that meeting, if we were to get through today's agenda by 3 :00, then we would move into the LDC issues that would start with the preserves and stonnwater in preserves first We would start where we left off on the agenda we were handed out last week, not the agenda that was passed out to the planning commission by e-mail last night That was in error. I had told staff not to use that agenda. Somehow they used it instead. The way we're going to work this is, at 3:00, as long as we have an hour and a halfleft in the day, we will go into one of those major subjects, which is preserves or stonnwater in preserves. If it's past 3:00 when we finish with our regular meeting, then we'll skip those two and we'll go into some of the shorter ones that won't necessarily take an hour or two to get through. That's how we'll handle the LDC issue when we get to it, if we get to it today. There also is another issue I'd like to bring up in regards to the LDe, and that's the shape factor ratio. My. Schmitt, you had suggested to me that staff still wanted to debate that further. Is that a true statement? MR. SCHMITT: Well, I would not use the word debate. What I'd like to do is get with the stakeholders. I've directed my Engineering and Environmental Services Director, Bill Lorenz, to get with some ofthe stakeholders, primarily those who are here who addressed concerns, and to discuss the best way to create some -- or to at least put into the code some defmitive specifications or specificity to allow -- to facilitate interpretation ofthat what is called the largest and most contiguous. At least to try and to help define that. Page 2 16T1A h ,. September 18, 2008 And so Bill is working with the stakeholders. We are looking to bring something back to you for consideration. But you all would have to ask to have that come back to you. You've already voted for denial, and it would have to be a recommendation to reconsider that item. We'd bring it back for your discussion. CHAIRMAN STRAIN: Well, I think the goal of this board is always to do what's most productive for the community and for the Board of County Commissioners. For us not to consider something that you're going to want to discuss with the BCC, it would only be frustrating, because they would really want our -- I would assume they would want our input on it So rather than have the whole thing go around the circle and then come back to us by them, if this is going to happen, then why don't we just reconsider it at a point you have the language redrawn, the stakeholders involved, and a proper notice provided. As long as there's no legal problem with that issue. MR. KLATZKOW: No. And Joe, correct me if I'm wrong, but the compo plan requires that there be LDC rules to implement this. MR. SCHMITT: Yes. MR. KLA TZKOW: And it's not going to be reconsideration, because it's not going to be the same exact LDC provision. My understanding, Joe, is that there's going to be some tweaks to it at least? MR. SCHMITT: Yeah. Well, they voted denial. We would bring that on back with changes. I guess whatever you determine that as. MR. KLA TZKOW: So it's not a reconsideration, it would be in essence a new amendment for you to consider. MR. SCHMITT: A new amendment And Bill's already been in touch with Tim Hancock, probably get in touch with Doug Lewis and some of the others. And the effort here certainly is to -- we're attempting to create the code to define the parameters for the industry. Right now there's just -- it's too subjective. And that's -- one of the problem areas is largest most contiguous definition, what does it mean and how do you apply it. And we'll see if we can narrow that down a bit I think the industry has a great interest in trying to do that So -- CHAIRMAN STRAIN: Okay. And for the benefit of going to the board above us receiving something with our input, it's much more productive for us to then reconsider -- to have it come back or have it corne to us as it normally would and we'll have to chew it up again, so -- MR. SCHMITT: And Mr. Strain, at the -- my guidance as well is if it doesn't make it into this cycle, we'll continue to work that. I mean, that's how important this is. And we need to get it right CHAIRMAN STRAIN: Okay. Me Murray? COMMISSIONER MURRAY: Ifit's a new amendment, does it have to be advertised" MR. SCHMITT: It's advertised already. We just advertise the section ofthe code. So the advertising is not the problem here, it's just the process in going through it and then creating the language. COMMISSIONER MURRAY: Well, the reason I asked is because we denied it. MR. SCHMITT: Yeah. COMMISSIONER MURRAY: And you're coming back with something that we perceive as-- MR. SCHMITT: Right, it would be a reconsideration for all intent and purposes, yes. CHAIRMAN STRAIN: Okay, next item would be our items that are going to be continued on today's agenda. And let's see, we have Item 9(E), which is the potable water sub-element. That's continued indefinitely. And we have Item 9(K), Longshore Lake Foundation, Inc. That's continued to 11120/08. So if any members of the public are here for those two issues, they won't be heard today. Other items on our agenda that are of interest, on 9(F), we're rehearing ABC Liquors. It isn't actually a rehearing, it's a whole new hearing. But the issue there is ones of our stipulations is something that the applicant, although they thought at the time they could live with is not apparently working for them. (Commissioner Midney enters the boardroom.) CHAIRMAN STRAIN: So they went back and had another NIM and came back here before us all over again. And by the way, let the record show Mr. Midney just showed up. Now, the reason I'm bringing this up is you did not receive new packages on this information. That's why you didn't. It was really no different than the previous one. Staff I guess has since created an executive summary which will be passed out today, but the effect of that will be basically what I've just mentioned. Also, on Item 8(C), a consent agenda item, which is the Moraya Bay bathrooms, for lack of better definition, there was no really stipulations on that except that a request to clarify the -- where the bathroom went into the RT zoning district and make sure something was worked out so that could happen. So therefore, we're going to get a verbal presentation on that today for the Page 3 16J "'.. n J r M ",t ~epteniber 1 S, 2008 consent agenda. And the last thing is the 4:30 ending. As I said earlier, we'll have to make sure we're out of here by 4:30 for the BCe. Other than that, I have no other changes or suggestions to the agenda. Does anybody else? (No response.) Item #4 PLANNING COMMISSION ABSENCES CHAIRMAN STRAIN: Okay, planning commission absences. Our next meeting will be the 26th of this month, assuming today's regular meeting does not get continued. If we get continued, it most likely will be the 25th. But we'll deal with that later. Let's start with the 26th. How many people on this panel know they will not be able to be here next Friday? COMMISSIONER MIDNEY: (Indicating.) CHAIRMAN STRAIN: Mr. Midney, okay. So that means we have a quorum. So we're good to go for that date. Item #5 APPROVAL OF MINUTES - AUGUST 7, 2008 REGULAR MEETING; AUGUST 13,2008 LDC MEETING CHAIRMAN STRAIN: Approval of minutes. There's two sets of minutes for approvaL The first one I'll be seeking a motion for recommendation of approval is August 2nd, 2008 regular meeting. Is-- COMMISSIONER KOLFLA T: So moved. CHAIRMAN STRAIN: -- there a motion to approve? CHAIRMAN STRAIN: Mr. Kolflat made the motion. Seconded by? COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Wolfley. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. The next set of minutes is August 13th, 2008, the LDC meeting. Is there a motion to approve? COMMISSIONER CARON: Motion to approve. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Made by Commissioner Caron, seconded by Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. Page 4 16 '1 A 4 September 18, 2008 COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Item #6 BCC REPORT - RECAPS -- NOT A V AILABLE AT THIS TIME CHAIRMAN STRAIN: Ray, we don't have any BCC report? Although they did have an interesting meeting last week. MR. BELLOWS: Yeah, we do have some recaps, if you want. CHAIRMAN STRAIN: Sure. It says not available on my thing, that's why-- MR. BELLOWS: I think the paper copy's not available, but I have a verbal one, if you'd like. CHAIRMAN STRAIN: That's great. MR. BELLOWS: On September 9th, the Board ofCOlmty Commissioners heard the PUD amendment for Shadowwood. That was approved on the summary agenda. As well as the conditional use for the A vis Budget Truck Rental on the summary agenda. The board also approved on its regular agenda the PUD rezone for Tamiami Crossings and its companion item, the-- and that was approved 4- I, with Commissioner Coyle opposed. And the PUD amendment for Artesa Pointe was approved 5-0. CHAIRMAN STRAIN: Okay, thank you. Item #8A CPSP-2007-7 CHAIRMAN STRAIN: And with that we'll go into our -- well, the Chairman's report, I spoke enough on the agenda. So we'll move right into the consent agenda items. And we have four of them. So let's start with the first one, 8(A), wich is CPSP-2007, which is the Public School Facilities Element. Are there any corrections, clarifications or questions concerning that consent agenda item? (N 0 response.) CHAIRMAN STRAIN: Well, I have one. Is Michelle here? Hi, Michelle. MS. MOSCA: Hi. For the record, Michelle Mosca, Comprehensive Planning staff CHAIRMAN STRAIN: I've called you many times to give you a heads up but I kept getting your voice mail and I really hate voice mails, because that means you've got to try to fmd me afterwards and that's nearly impossible. On Page 3, we have an underlined area that talks about the expiration ofthe SBR interlocaI agreement between the county and the school district. MS. MOSCA: Yes. CHAIRMAN STRAIN: About two-thirds of the way down there's a line that starts with the parenthetical two. Until the county, in coordination with the school district, is able to establish a new process for the development of siting criteria. Now, if you look where that paren. two is, just above it, it talks about number one, which says, such time as the new or amended SBR is adopted to address site development of the existing map sites and future sites approved. I understand the issue on future sites. But the existing map sites, if you turn to Page 8 under Policy 5.14 and you go to B, the fourth line said, these sites are consistent with the loeational criteria established by the SBR interlocal agreement as contained in the FLUE. Now, my issue is if we have something in three that seems to say that if this thing expires, they may not be consistent anymore, but in Page 8 under B we have a document that says they already are deemed consistent. Is that a conflict? MS. MOSCA: I don't believe it's a conflict. What we're trying to achieve here is to try to apply the SBP ILA, the School Page 5 16/1 .~ '\ ~! !!~ September 18, 2008 Board Review ILA provisions to those existing map sites and any additional sites that are approved under that ILA. Now, in the future what we will try to do is work with the school district in order to come up with new locational criteria that's consistent with the statute. Right now the specifics regarding off-site infrastructure and so forth is deferred until a later time until the site plan comes in. What we'd like to do is look at all of the future plans for water, sewer, transportation and so forth, and look at school types, elementary, middle and high, and try to locate or site those schools where best appropriate. CHAIRMAN STRAIN: Well, we currently have a map that shows where the future sites and existing future sites-- existing future is contradictory, but that's kind of what they are. Schools aren't built but the sites for them are planned, or at least they've been acknowledged on this map. MS. MOSCA: Yes. CHAIRMAN STRAIN: Will any of this documentation remove the approval of those sites for those locations shown on the map? MS. MOSCA: No. CHAIRMAN STRAIN: Okay, that was my concern. Because right now we've acknowledged them, they're there, I want to make sure they stay there and no one gets made less because of this language. MS. MOSCA: Right If! can just clarifY. In the Future Land Use Element, as well as the other master plans, it's sort of!ike a contingency. The locatioual criteria is contingent upon compliance with that school board review interlocaI agreement But yet we found that those sites that have been approved under that agreement are consistent with the Iocational criteria within the GMP. CHAIRMAN STRAIN: By being consistent, you're only talking in regards to the establishment of level of service criteria, right? 1 mean, they can -- the sites are okay as long as the roads and infrastructure have some way of getting to those sites. MS. MOSCA: And we do need that mechanism to address that when -- address those items when in fact the school district comes in for their site plan. CHAIRMAN STRAIN: Okay, that's what I needed cleared up. Any other questions on the consent item for the school facilities only? (No response.) CHAIRMAN STRAIN: Is there a motion to recommend approval of Item 8(A), CPSP-2007-7 ou the consent agenda? COMMISSIONER MURRAY: So moved. COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray made the motion, seconded by Mr. Wolfley. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries. MS. MOSCA: Thank you. CHAIRMAN STRAIN: Thank you. Item #8B PETITION: PUDA-2008-AR-13063, SILVER LAKES PUD CHAIRMAN STRAIN: Next one is the Silver Lakes. That's a petition we heard last time. It's in our consent agenda for fmalization. Page 6 16 J 1 A }, Septembe;"ii 8, 2008 Okay, I didn't have any markups in mine. Does anybody have any objections to Silver Lakes? (No response.) CHAIRMAN STRAIN: Is there a motion to approve the consent agenda item for Silver Lakes -- COMMISSIONER MURRAY: I'll move that CHAIRMAN STRAIN: -- PUDA-2008-AR-13063? COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Murray made the motion, Mr. Wolfley seconded. Discussion? (No response.) CHAIRMAN STRAIN: In all in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMJSSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed" (No response.) CHAIRMAN STRAIN: Motion carries 8-0. Item #8C PETITION: CU-2008-AR-1320 L MORAY A BAY BEACH CLUB CHAIRMAN STRAIN: Next petition I understand, Kay, you're going to tell us verbally where we're at-- MS. DESELEM: Yes, good morning. For the record, Kay Deselem, Principal Planner in Zoning. For Item 8(e), what was discussed as a stipulation in actuality can't be a stipulation, so there's no other ordinance or resolution to bring to you. It was basically a direction to the petitioner, asking them to make sure that the board had an agreement drafted and approved prior to action on the actual petition that was being considered in 8(C). And I understand in speaking with the petitioner that they do have an agreement they're working on. They don't have it to the board yet, but they are working on it. The actual language was, according to the minutes, prior to the time this went forward to the board, there would be an agreement drafted and presented that would establish how that piece of property that is in the R T zoning is to be handled. So since it has to be done prior to board action, we couldn't put it as stipulation, so there's nothing to bring to you, other than an update that they are working on something. CHAIRMAN STRAIN: Understand. And I certainly agree with your reasoning. Will you make sure the board is informed of this condition so that they know to be looking for that? MS. DESELEM: Indeed. CHAIRMAN STRAIN: Because that piece of property that goes over onto private property, if we don't get an agreement on that, we could be approving something that is in jeopardy and subject to that agreement. I'd hate to have the tables turned so someone has more negotiating power than less. MS. DESELEM: Indeed, there will be something in the executive summary that goes to the board explaining the situation. CHAIRMAN STRAIN: Mr. Yovanovich, did you have a comment" MR. YOV ANOVICH: I should clarifY for you the timing, if that will help. There already is an agreement that was on the last board's agenda. It was continued to address some contractual issues regarding the actual design and permitting costs related to the restrooms. But that same agreement deals with the actual conveyance of the sliver necessary. So it's already been to the board. It was continued to address a few last minute items that came up. So the board's well aware of it, if that helps any. CHAIRMAN STRAIN: Thank you. Thank you, Kay. Page 7 16J1 J.\ 4 September 18, 2008 Any other questions on consent agenda Item Petition CU-2008-AR-13201? (No response.) CHAIRMAN STRAIN: Is there a recommendation for approval? MR V1GLIOTTI: So moved. COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Mr. Vigliotti. Seconded by Mr. Wolfley. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion cames 8-0. Item #8D PETITION: CU-2008-AR-13060, NAPLES BAPTIST CHURCH, INC. CHAIRMAN STRAIN: The last item on our consent agenda is Petition CU-2008-AR-13060, the Naples Baptist Church. And we received a memo from county staff. It was a little bit confusing. I think we have a clarification from Nancy this morning. MS. GUNDLACH: Yes. Good morning, Commissioners. I'm Nancy Gundlach, Principal Planner with Zoning and Land Development Review. And I do have a handout for you. It is the resolution in its entirety. And I'm going to ask that you turn to the very last page, which is Exhibit D, and it's the conditions for approval. Commissioners, if you turn to the very last page, item two, we have our final language regarding the construction ofthe road to the Naples Baptist Church. And it says, prior to vertical construction, and that is agreed to by transportation, Naples Baptist Church or its successors and assigns shall construct to county standards a 20-foot wide roadway and a four-foot wide paved shoulder from Immokalee Road to the subject property. And that is the agreed upon language between transportation, county attorney and in accordance with your motion. CHAIRMAN STRAIN: Nancy, we had stipulated, based on the memo you provided, which I'm assuming is accurate because I haven't had time to go back and check the record, that we're looking at a 24-foot rural paved roadway. Transportation says they want a 20-foot rural paved roadway with a four-foot wide paved shoulder. Now that's still 24 feet MS. GUNDLACH: Correct CHAIRMAN STRAIN: And it's rural. Is there a huge difference between the two? MS. GUNDLACH: I don't think so. But it's probably best to ask transportation if they think there's a difference. CHAIRMAN STRAIN: Well, the only reason I'm asking this was ifit was a stipulation and we're changing it on the consent agenda, 1 want to make sure if it's not substantive to a point where it would require us to have another action. So thank you. MS. GUNDLACH: Thank you. MR GREENE: Michael Greene, Transportation Planning. It is the same thing. The change is in striping. If you asked for a 24-foot roadway, the outer edge of pavement striping would be allowing two 12-foot lanes. And asking a 20-foot road, you'd have two I O-foot lanes with the four-foot paved shoulder Page 8 1 6 , Lpte!ier Ii 2008 that's outside of the edge of pavement striping. CHAIRMAN STRAIN: Okay. And I remember the issue, and I believe we actually used the width because we wanted to have that additional four feet Ms. Ashton? MS. ASHTON: Good morning, Planning Commission. For the record, Heidi Ashton, Assistant County Attorney. The item number two that's on your visualizer, that is the language that I read into the record at the last meeting. And the representative for the owner agreed to that. CHAIRMAN STRAIN: Okay. Now I'm a little confused by the staff memo then, because the memo says our stipulation said something different So apparently one of you is right Regardless, the applicant has no problems with number two? MS. GUNDLACH: That's correct, Commissioner. CHAIRMAN STRAIN: There's no sense of beating a dead horse. We'll just be done with it Anybody else have any issues? COMMISSIONER MURRAY: No. COMMISSIONER WOLFLEY: No. CHAIRMAN STRAIN: Okay, is there a motion to recommend approval -- COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: -- as handout dictates? Mr. Murray made the motion? COMMISSIONER MURRAY: Yes, I did. COMMISSIONER WOLFLEY: (Indicating.) CHAIRMAN STRAIN: Seconded by Mr. Wolfley. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed0 (No response.) CHAIRMAN STRAIN: Motion carries. Cherie', am I going too fast? I saw that smile. Usually you're being polite. I'll try to be a little more carefuL Item #9A (Continued discussion to later in the meeting) PETITION: PUDZ-2006-AR-I0294, NAPLES CHURCH OF CHRlST,INC. CHAIRMAN STRAIN: Okay, now we'll go into our regular advertised public hearings. First one is 9(A), Petition PUDZ-2006-AR-I0294, Naples Church of Christ, Inc., being presented by Wayne Arnold. It's on the east side of Livingston Road, approximately .6 miles south of Pine Ridge. This was one we had started at our last meeting. The applicant agreed to a continuation to today because we were at the 4:30 hour of our last meeting date. With that in mind, if there's anybody wishing to participate in this, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission? Ms. Caron? COMMISSIONER CARON: Yes, I had a conversation yesterday with Mr. Yovanovich. CHAIRMAN STRAIN: Okay, Mr. Murray, then Mr. Wolfley. Page 9 16TIA 4 September 18, 2008 COMMISSIONER MURRAY: I too. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Same. CHAIRMAN STRAIN: I believe I did, but I've completely forgotten what we talked about There's been so mucb going on this past week with this agenda, I'm getting them mixed up. But anyway, I'm sure I had a conversation. I'm think Mr. Arnold was in that one of them as welL With that, I'll ask anything I may have asked then hopefully again today. Mr. Y ovanovich, it's all yours. MR. YOV ANOVICH: Thank you. I think where we left off is there were eight items that needed to be addressed. I don't think you took a vote on any of those. But we have addressed them basically all in the documents that I think you've received but for the removal of the interconnection, which we know we need to take off. But since there wasn't the formal vote yet on the interconnection, we did not yet revise that exhibit to remove the interconnection between us and Positano Place. If we can, we could just check off through the staff report The first one was that we removed the staff recommended playground -- CHAIRMAN STRAIN: Well, let me get this straight, though. When we left last time, we listed these but we had not debated amongst ourselves -- MR. YOVANOVICH: Right CHAIRMAN STRAIN: -- whether we each agreed to them or wanted them that way. So what you're reading off is what the list was -- MR. YOVANOVICH: Right CHAIRMAN STRAIN: -- not what was agreed to. MR. YOV ANOVICH: Correct CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: And we -- I think the major one was the -- how are we going to define the recreational uses that could occur on the CF residential piece. And they were the outdoor. And that's on Page 2 of the revised document I'll put a strikethrough and underlined on the visualizer. Up higher, Ray. And that number four is how we were addressing what can occur on that site. We can have water management facilities, parking and recreational uses accessory to the church and schooL That will be occurring on the other parcel designated in the PUD. And then we make it very clear that no ballfields, courts or other similar recreational uses may be constructed. And then we put hours of limitations that no outdoor recreational use may occur beyond 9:00 p.m. So that was our way of identifYing what can occur on the property and limit the hours when it can occur. I think that was really the only issue that we were to come back to you with proposed language on. And the rest ofthe items were -- I think you were getting ready to debate when we left off. CHAIRMAN STRAIN: Okay. Well, why don't we start with the changes you made in the outdoor recreation. I know [ have some comments, but ['II defer to my other board members. Anybody? COMMISSIONER WOLFLEY: You're referring just to the playground thing or the whole? CHAIRMAN STRAIN: Well, I thought we ought to start with the outdoor recreation, since Richard just went into that Do you have any questions on the outdoor recreation, Mr. Wolfley? COMMISSIONER WOLFLEY: No. CHAIRMAN STRAIN: Richard, I do. You're making it a principal use, and you're taking it out of the -- it's still remaining in the accessory use category as well. My concern with it being a principal use is you could open that property up independently for a recreational use without any other use on the property. It could be freestanding. MR. YOV ANOVICH: Yeah, but it has to be in support of the church facility that will be constructed on the other piece, okay. It can't be a standalone. We could not -- we could not do anything that was unrelated to the church that happens on the other piece. Church and schooL CHAIRMAN STRAIN: And the reason you have it in as an accessory use is if you develope the site, you want to be able to have those as accessory to the -- MR. YOV ANOVICH: If we develop the site as any of the other uses, residential, ALF, whatever, we wanted to have those types of accessory uses related to the residential ALF uses that could develop on that piece. Page 10 16 J~l A 4 September 18, 2008 CHAIRMAN STRAIN: Okay. And you have -- the reading that I have, and it's the same here, no outdoor recreational use may occur beyond 9:00 p.m. MR. YOVANOVICH: Right. CHA1RMAN STRAIN: Okay. Beyond 9:00 p.m. but before what time in the morning" Why don't we use sunrise to sunset. MR. YOV ANOVICH: Well, the sunset issue is there are some structures that exist on the property, I think that you're probably aware of those structures. I belive there's a barn and there's some other houses-- CHAIRMAN STRAIN: I built them. MR. YOVANOVICH: Yeah. And they have withstood the test of time, so you did a nice job. COMMISSIONER CARON: No sucking up. MR. YOV ANOVICH: I know. I try not to be so obvious, but sometimes you can't help it. They do now -- they have church activities out there now. They'll have dinners out there and it -- that will extend past sunset. And honestly, we wanted to make sure that, you know, sunset happens, we can continue on with the dinners and make sure that by 9:00 p.m. we thought was a reasonable period of time to make sure we were all off that property and wouldn't be interfering with any neighbors' enjoyment of their homes. CHAIRMAN STRAIN: Well, if you say before -- beyond 9:00 p.m., before what time then? I mean, it's got to have another -- MR. YOV ANOVICH: That's fine. I mean, if you want to put sunrise -- is that fine? Sunrise to no later than 9:00 p.m? No earlier than sunrise and no later than 9:00 p.m. CHAIRMAN STRAIN: We'll certainly discuss the timing. Mr. Murray" COMMISSIONER MURRAY: Does that mean that ifthey're having a sunrise service that they can't gather until the sunrise? I'm not being cute either. I'm trying to -- MR. YOV ANOVICH: I understand. I mean, we're hoping at some -- you know, you cannot cover everything in the PUD document. We would hope that something like that would not-- COMMISSIONER MURRAY: But it should be understood that sunrise in that sense is -- that's the actual ceremony. MR YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: Richard, remember Cocohatchee? On that particular one we had uses that you brought a long 20-item list or 22-item list in that qualified as I guess passive recreational uses on the east side of Vanderbilt Beach Road, something to that effect. But I remember how that came about. We asked you for a list of what you intended to do there and you provided it. My notes last time, we asked you to provide a list of principal outdoor recreational facilities. I went through, I couldn't find the list. What I found was what you think are excluded, but I haven't found what you thought you're including. MR. YOV ANOVICH: Well, at the end of the meeting I believe what I said is we were going to defme this as, and I wrote -- I read some language that would say no -- it would be no formal courts and no lighted facilities would occur. And I asked if we were on the right track and we got nods, so we thought we were supposed to define it by what couldn't happen instead of what could happen on the site. Because frankly, you know, recreational uses, how long could that list be" It could be forever. And I thought the concerns were these formal courts, formalized activities. And we tried to define it better by what can't happen to protect the community than what could happen. CHAIRMAN STRAIN: Okay. I think the primary concern we were having with the residential community to the north, we wanted to make sure that whatever you did there wasn't too distracting to that community. Mr. Vigliotti? MR. VIGLIOTTI: Mr. Yovanovich, you realize that everything you can use can only be in conjunction with church and church facilities. MR. YOVANOVICH: Correct. COMMISSIONER VIGLIOTTI: So that will limit you quite a bit right there. CHAIRMAN STRAIN: How? COMMISSIONER VIGLIOTTI: Well, they won't be able to do a school without the church or other-- CHAIRMAN STRAIN: A school -- no, let's say a recreational facility. What recreational facility couldn't they tie to that church activity? They could say riding horses, they have church members who want to do that. They have ball parks because they want Page 11 16 J 1 J\ J, September 18;'1008 to play baIL Those are not religious activities, those are what they'll claim are accessol)' to the church -- MR. YOV ANOVICH: And that's why we said no ball fields and we said, you know, so that-- CHAIRMAN STRAIN: What is it you're trying to include in here" MR. YOV ANOVICH: Well, what we're trying to do is provide the flexibility to come out there and if they want to have an impromptu either barbeque or an impromptu, not an -- you know, an impromptu softball game, an impromptu dodge ball game, have kids out there actually exercising in relation to the school, yes, we want to be able to have that happen. But we didn't want to take it to the next level where we would actually construct the soccer field or a softball field, or a -- so it became more ofa, you know, repeat, you're going to have this all the time type of activity. We didn't want to discourage things that happen at church outings typically. CHAIRMAN STRAIN: I think Me. Vigliotti's comment is relative to what we most would assume, that it would have to be related to the church, as it says. I'mjust wondering what isn't then considered related in the eyes of how someone would want to argue it Me. Midney? MR. MIDNEY: Well, my comment is similar. I remember when I was growing up in churches, we used to have softball games and stuff afterwards. I don't see why they can't have courts or some things to encourage some recreation, as long as it ends before 9:00 in the evening. CHAIRMAN STRAIN: Okay. Any other comments? (No response.) CHAIRMAN STRAIN: Okay. Well, are there any comments about the whole questions of the applicant at whole at this time? Mr. Wolfley? COMMISSIONER WOLFLEY: Mine sort of involves the interconnection that was discussed, and along with the 200-unit ACLF or the 75 multi-family units, and with the fence or wall that was to go two-thirds from Livingston Road down the property that was discussed last time. I don't think that the 74-unit multi-family unit is compatible. I think that if that's put in, then there's a case to be struck for having an interconnection between Positano Place and also then to wall off between the church facility and the multi-family unit. All that could be done away with if we just kept it to a 200-unit ACLF. No interconnection would be needed. I don't believe a wall would be needed between the two units. And then the only wall and the buffer that would be needed would be between Positano Place and this land, this property. I am just totally not in favor of the 74 multi-unit -- multi-family unit And I think the property and the surrounding area would be much better served by the 200-unit ACLF only. CHAIRMAN STRAIN: Okay. Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Are there any members of the public, Ray, wishing to speak that you know of? We did talk to people last time. Are there any people this time" COMMISSIONER MURRAY: Someone wishes to speak. CHAIRMAN STRAIN: Well, let's wait and see if we have registered speakers first MR. BELLOWS: Yes, we have two speakers. Scott Mello and Michael R. Cox. CHAIRMAN STRAIN: Okay, if you'd like to come up and use either speaker. You have five minutes. Or hopefully you can try limiting it to that MR COX: I am Michael R. Cox. I am a resident ofPositano and the Vice-President of the master board of directors. I was the -- one ofthe people at the neighborhood meeting. And I thought that it went vel)' welL We were kind of specific on no interchange with Positano; we are a gated community. We are no different than anybody else right now that has a new development We have lots of our own problems because of the state of the economy. We're hoping that you will-- and we're for this church-related, school-related, 100 percent My past histol)' is building YMCA's and Hospice facilities. I have told them I would volunteer my time as much as it's needed to help them meet this end, which I think would be a great service on this land. Only concern we have is we don't want traffic through Positano. We have enough problems. We'd like a wall on that north side to eliminate lights in people's units, et cetera, because we have plenty to sell and plenty of our own problems, and we don't want them to encourage any more than we already have. Other than that, I think the basic use of the property, I agree with Mr. Wolfley that on the back side we'd like to see no residents back in -- I can't imagine that can help anything right now. And [ think it's going to be a long time in the future before it's Page 12 16 "1 A Septemoer 184008 going to help anything. But we are certainly 100 percent supportive of the church school type things. And I would personally volunteer lots of time and they know that So we just want to make sure that you could do anything to help us be able to secure what we set out to do in Positano from the beginning. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: What about the ALF, are you in favor of that use on the back portion of the property? The assisted living? MR. COX: I talked to Mr. Murrell, who's on their board of directors, I believe, and also an attorney. I would like to see the church school go so well that they didn't have to use that I know these times are difficult And doing a lot offundraising for Ave Maria, I know it's difficult The stock market hasn't been too kind to us lately and looks like it's going to be a while before that rebounds. But we would prefer them to be school and church on the entire piece of property. But I understand that if the church and school couldn't go without some additional funding from the back side, as long as it serves the needs, what we call community needs, which I think this would be, as opposed to an apartment complex or something like that, we would go along with that, if that's what they had to do. But we would certainly prefer it to be 100 percent schooVchurch. CHAIRMAN STRAIN: Any other questions? (No response.) CHAIRMAN STRAIN: Sir, I have one. You've heard our discussion on the outdoor recreational uses. Do you have any issues or concerns there? MR. COX: If what he says is correct -- I'd like to have them define it just a little bit better. Because building YMCA's, it's relatively easy to define. If they're not going to build anything and are told you can never build any permanent fields, I think it would likely never become a problem. But once you talk about fields, you usually talk about lights, and then you have all those related problems. So if they prohibit the building of any field in the future, where it's just going to be we're going to mow the grass and use whatsever there, I think that would be -- and we would trust that because of the mission they have at hand that they would be conscious of the neighborhood next to them on the north. CHAIRMAN STRAIN: Okay, we'll discuss that with the applicant Thank you. MR. COX: Thank you. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Thank you, sir. Any other speakers, Ray" MR. BELLOWS: Michael Cox -- that was-- COMMISSIONER WOLFLEY: Scott Mello. MR. BELLOWS: Oh, Scott Mello. MR. MELLO: Good morning, Commissioners. Scott Mello, Positano Place. I just -- without going into everything I said at the last meeting, I just wanted to reiterate the safety of the wall that's going to be going on the north side between the church and Positano. And I'd also -- like Mr. Wolfley had said, the 74 units, I mean, the Positano people are definitely in favor of helping other people in assisted living. The one thing that we are totally against is the 74 units, the commercial that could probably bring more traffic into Livingston and then probably more foreclosures and bankruptcies into our county. But we're also definitely against the interconnection there because we are a gated community and we pay a lot of money to keep us gated, and with the repairs and everything else. Now, if we're going to go gated in the back, then that's definitely a whole lot of money that would have to be brought to Positano to see ifthere was a way that traffic could get a road back there. But I don't see how it's possible unless they carne do\\'11 the side of the north wall that would be built But I know our members are definitely -- they purchased units in there for 200, $300,000, and they purchased into a gated, private community. So that's one thing that we would definitely not want to see. And as far as the wall, with the activities going on till 9:00 and the parking areas that the church is going to need, we do have four buildings that face that property directly, so the parking issue of people coming in and out with trucks and cars, those lights are defmitely going to affect our residents. We're only a three-story mid-rise condominium. So that's one thing that that's going to affect about 88 units out 01'330. So that may be a big issue for them. But like I said earlier, we are in favor. And it shows on the minutes as far a~ the safety of the wall. lfwe just put up a Page 13 1" A geltJnber 18, %08 chainlink or a bush, we're going to have kids from the church or from the school, if they ever come in, walking back and forth. We do have a small playgroWld so there might be kids that want to use our playgroWld wbile they're ll)'ing to -- their parents are at church or anything else. So without blocking up the difference between those two properties, we're definitely going to have trespass issues and things like that And we also don't want our people to have to trespass on their property either. So we just want to keep them separated. Thank you. CHAIRMAN STRAIN: Thank you. Okay, are there any other public speakers on this matter? (No response.) CHAIRMAN STRAIN: Richard, do you have a moment? I know you do. MR. YOV ANOVICH: Do you know something I don't know? CHAIRMAN STRAIN: You heard some of the comments. What do you think about dropping the 74 multi-family units? MR. YOV ANOVICH: Well, I'd like to address them collectively instead of individually. CHAIRMAN STRAIN: Okay, we will address them individually, also-- MR. YOV ANOVICH: I know, but I mean, I'd like to -- what I'd like to -- fIrSt of all, that's obviously our master plan imposed on an aerial of what exists today. As you -- there's already a fence on Positano Place's property. I believe the gentleman who just spoke confmned that at our last meeting. If the issue really is light from the cars that will be utilizing the church facilities, we are required to do the buffer, a hedge that's got to get to five or six feet tall, I believe, with 80 percent opacity in the first year. We would be willing to enhance the county's required buffer by doubling the number of trees from what's required so that would provide also an additional site line buffer related to the two uses. Honestly, if you go throughout the county, including the city boundaries, I think you rarely will see churches walling themselves away from single-family residential communities. I'm just a little surprised that we've gotten to this level of concern about people going to church will somehow negatively impact property values, when you kind of rarely find that Growing up, we had churches in our neighborhood and we frankly did use the church lacilities to play basketball and other things. So we don't really see the security issue as the issue, but that's already being addressed by their own chain link fence. We can address through enhanced landscaping, you know, the concern that they'll see car lights. But if you look at the layout, they've got their buffer, it would be our buffer with the additional trees, and they have their own cars that are driving by the entrances to those buildings. So we would like to rather, instead of doing a wall, we would rather do the enhanced extra trees that I discussed. Now, regarding the single -- the residential, I would propose a compromise. Instead of listing it is a permitted use, we list it as a conditional use, which would mean we have to come back through the process when we have specific plans as to what will be on that site. The zoning level decision, yes, it would be appropriate Wlder certain circumstances would be addressed today. We'll come back with those specifics later through the conditional use process. It will come not only to the planning commission but also have to go to the Board of COWlty Commissioners with the same public input process we go through now. So shift that from a permitted use to a conditional use. And I think that serves two purposes. J don't want -- we want to have the flexibility under appropriate circwnstances to have residential back there. And if we can convince this commission to recommend to the Board of County Commissioners that the specific layout that we'd bring to you with the conditional use is appropriate, then we hope we can have that approved. Leave the ALF in as a permitted use. We're just looking for -- you know, who can predict down the road what can happen? We think probably the ALF is the better alternative, but you just never know. If it's giving people a heartache to permit residential right now, make us go through another hearing process with a specific site plan related to that, and hopefully that will address not only the neighbors' concerns but any concerns of anybody on the planning commission that that mayor may not be an appropriate use. So I hope globally that addresses both of those concerns that we heard from the residential users to the north. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: So how does that affect your development standards table and -- MR. YOV ANOVICH: Well, we'll have to make the necessary adjustments to take out the reference to residential. And I understand we'll make those changes and come back hopefully later on in this meeting so we can keep our schedule for the board. Page 14 1 6 /1 J:; if September 18, 2008 But we would do that, and then we would put in writing the enhanced trees obviously would be needed to be added to the development commitments. But we hope that that appropriately addresses both concerns raised by the previous speakers. CHAIRMAN STRAIN: Okay, Mr. Wolfley? COMMISSIONER WOLFLEY: No, it doesn't. I don't think it's a compatible use in the area. That's aIL MR. YOV ANOVICH: You don't think residential under any circumstances is compatible with residential? COMMISSIONER WOLFLEY: Not a townhome situation, no. MR. YOV ANOVICH: But it says up to. We could come back with something very different than that. We're asking for the ability to come to you later on with a specific plan. COMMISSIONER WOLFLEY: I just think that should the ACLF be put in ultimately, I feel not only is it a great benefit to the church, but for volunteerism standpoints, it's a great opportunity for the ACLF, from the church parishion -- the people who attend the church. It's just too big of an opportunity for the community. An ACLF is certainly needed. It's an aging community. And then, you know, I don't know where you grew up, about the lights and everything. I grew up in a smaller community too, but it wasn't Naples. Naples seems to be a little bit different in its restrictions. But my opinion still stays, and I'm just negatively impacted by the 74-unit multi-family on the property. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: My question's going to relate to mechanism more than anything else, because I want to be absolutely sure I understand. I heard what you said and I understood what you said in terms of what you'd like to do. What would we be voting on now? We don't have a mechanism, words that describe how it would be subject to a conditional use. If you go forward with a permitted use of the ALF, where would you insert -- how would you demonstrate that later on you'd be subject to conditional use? What means would you use? MR. YOV ANOVICH: We would add a third category in the list of uses. Right now we have permitted and accessory uses. We would add a third category called conditional uses, and it would be the residentiaL And the Land Development Code already describes what the process is, is to get an approved -- to get a conditional use approved, we'd follow the LDC provisions on how to get the conditional use approved. COMMISSIONER MURRAY: Does that qualifY? Does that -- Ray, does that -- we don't have any implications for change on that as a result of it coming forward under a certain way" MR. BELLOWS: For the record, Ray Bellows. Well, unusual to have a conditional use listed in a PUD. It has been done before. Basically what we're saying is just like a standard zoning district, there are uses permitted by right and those uses that can be deemed appropriate subject to review and approval in certain conditions of approval through the conditional use process. I think what the petitioner is trying to do is get to a point where the overall concept is approved through the approval of the PUD. But the specifics concerning any of those conditional uses would come back separately and go through the public hearing process. I think one of the reasons this is an attractive for the applicant is they don't have to amend the PUD to address market changes in the future. CHAIRMAN STRAIN: Ray, isn't the process of conditional use to determine compatibility? MR. BELLOWS: Yes. CHAIRMAN STRAIN: So what the objections are that are being expressed by some people is that this may not be compatible. And what they're saying is okay, we're going to prove to you it is through a conditional use process. And if we can't, then obviously they won't be given the right to go forward with a conditional use. And that process they would have to go through is designing a project with appropriate buffers, with appropriate restrictions, showing anything that has to apply to prove compatibility. They have to take it to a neighborhood informational meeting, to the people next door and everybody around, come back through the planning commission and come back through the BCC. So they're going back through the whole process, ahnost like they are right now -- MR. BELLOWS: Correct. CHAIRMAN STRAIN: -- for a conditional use. Mr. Midney then Ms. Caron. Go ahead, Mr. Midney. MR. MIDNEY: Yeah, I'd like to have them have the option to be able to develop the housing. The ACLF is, you know, housing for older people. The multi-family would be housing for young couples with children. And it's hard for me to make a case Page 15 16J1 A 4 September 18, 2008 that, you know, one type of housing is more needed than the other. I mean, people -- that's a very vulnerable age, you know, people trying to start out I don't see how it would necessarily be inconsistent. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I think the conditional use is actually a terrific idea, because right now the way this project is set up, it's sort of church as speculator. And that we don't want If you bring back the residential as a conditional use, then A, we'll see something other than a blank piece of ground. You would have to have an actual plan that would show you what their -- they want to put there. And I think we'd be a lot further along in the process as to whether it was a compatible thing or not CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: Okay, Richard, we are going to walk through the various stipulations one at a time, so we probably need your input on those. But I have another question to ask you. This church, do you have any objection to limiting the use ofthe church to their congregation for services? We have an issue that's come up especially in Golden Gate Estates, especially with the Jehovah's Witnesses that just got -- unfortunately went through the courts and they got some right to go forward there, negotiated. And they use their church continuously for outside congregations who drive in, and it becomes a more or less commercial meeting place. I'm sure that with the TIS I've seen attached to this document, that isn't anticipated by the traffic generation shown on that TIS. So I'm assuming then that you have no problem with a restriction limiting it to their congregation for services. Do you have any issues with that? MR YOV ANOVICH: Well, honestly, I've not even given that any thought And I don't know that we have. The issue, Mr. Strain, is -- I mean, I -- I think that's government going frankly a little bit too far in regulating church. I mean, we're asking for a church use. Are you saying that ifthe Church of Christ decides to move to another location in Collier County a Presbyterian church couldn't come in at that point? Are you saying that -- CHAIRMAN STRAIN: No. MR. YOV ANOVICH: I don't think you're saying that, but are you -- so what you're saying is that if they have church services at "X" hour on a Sunday, let's say 10:00 a.m. and at noon they want to allow another church to have a church service on a Sunday at noon, they would no longer be allowed to do that? Let me give you an example -- CHAIRMAN STRAIN: You're saying a lot of questions but not allowing an answer in between. You can keep rambling, but eventually I got to have an opportunity to respond to your question -- MR. YOV ANOVICH: I understand. Let me just give you an example, okay, and I'm asking you if this is what you're trying to get to. My church, Vanderbilt Presbyterian Church, we have three services during the season, and then we also allow another church, smaller church, to use our facilities to have their worship service. Are you trying to prohibit that situation? That's what I'm trying to understand. CHAIRMAN STRAIN: A church is in my eyes not a commercial enterprise. Now, they may act that way, but I don't believe they are. I don't believe they put themselves forth as being a commercial enterprise. They want a church so their parishioners can enjoy a place of worship. I'm all in favor of that, I think that's great. And if they want to do that as often as they want to go to church, that's fme. What I have a problem is where they see a need to let other groups come in. I don't mean -- I mean groups like other churches come in and use the facility that generate more use of the facility that wasn't anticipated, either by the neighborhood or by the traffic TIS that you submitted. Now, if -- I can get transportation to comment on that, but when I see a TIS that shows a peak hour on a Sunday for a particular use in a church, it doesn't mean that it's going to go beyond that point to other continuous operation like some other churches have gotten into. Either they're a church for their parishioners or they're a commercial enterprise on more of like an establishment that wants to open their doors on a fee basis or however they do it for others to use. I'm not sure what this is, and I'm asking for it to be defmed. MR. YOV ANOVICH: Well, I don't -- I don't think that a church -- first of all, this is not an easy process to go through, and it's not an inexpensive process to go through to get a church approved. If there are other smaller churches out there that can serve the community differently than this particular church does in how they worship or how they -- whatever, why would we not want to give that church an opportunity to use an existing church Page 16 16 J 1 I' !- 4 September 18, 2008 facility to further the overall mission" Because there are a lot of different denominations out there, there are a lot of different faiths out there. This is a house of worship, okay. It doesn't -- why can't another group -- why couldn't Presbyterians and Baptists share the same building is what I'm suggesting. CHAIRMAN STRAIN: Okay, I have -- and I'm not saying they can't But I'm saying if that's what your intention is, I want it clearly knO\Wl. I want the neighborhood to know that you're not going to be just there on Sundays, you could be there to whatever hours now you're opening it up to. And I want transportation to acknowledge it doesn't change the TIS. Because in looking at the TIS, it seems it's only Sunday that you show an activity that's going to generate a peak hour. Now, if that's going to happen at other times during the week, I certainly think this community needs to know it and I think the neighbors would like to know it too. And that also then falls into other things like a wall. And maybe there is a wall more needed now if you're going beyond the normal Sunday services where you're going to have people driving in, in the evenings for additional congregational meetings of any kind. So it opens up a lot of questions. And if that's what your intentions are, we just need to know it. MR. YOV ANOVICH: I don't think we ever contemplated not allowing other churches to use the facility. CHAIRMAN STRAIN: Richard, you have to use the mic. MR. YOV ANOVICH: I wilL My client is telling me they presently have a Spanish speaking church using their facilities as -- without rent. CHAIRMAN STRAIN: Mr. Wolfley, did you have a comment? COMMISSIONER WOLFLEY: Well, yeah, I was going to -- I can't remember, I failed to bring myoId paperwork. Was there an hours of operation that-- MR. YOV ANOVICH: No. COMMISSIONER WOLFLEY: -- that was listed? MR. YOV ANOVICH: No. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER WOLFLEY: I didn't think so. Now didn't we get into that with the church off Immokalee Road? CHAIRMAN STRAIN: We've gotten into it many times with many churches. We've gotten into the same subject many times with many churches. COMMISSIONER WOLFLEY: Exactly. I mean, why do we have to keep going over it and we don't see it listed on the new ones? CHAIRMAN STRAIN: Well, if we didn't ask we wouldn't be going over it. 'That's why I'm bringing it up. I think it needs to be fleshed out and we need to talk about it. Mr. Murray" COMMISSIONER MURRAY: And that's exactly where I want to go with it The question is, and I tend to favor your -- and I also understand what Mark is doing. 'The complaint that was about that one particular organization was they had many congregations and they would come and they would be there till 9:00, 10:00, II :00 at night -- COMMISSIONER WOLFLEY: Seven days a week. COMMISSIONER MURRAY: -- and the whole bit with noise, cars, lights, the whole thing. We may be able to settle this matter. What's the latest in the evening at any given day that this church will operate officially in its services? And maybe we can put a time on it that makes sense. MR. YOV ANOVICH: Can we leave -- I don't think I can get that answered for you by standing at the podiwn. Can we give me a few minutes to discuss that issue and any other issues that may corne up? CHAIRMAN STRAIN: Certainly. I'd like to have transportation come up anyway. So whoever wants to address this issue from transportation, I'd certainly appreciate comments. MR. CASALANGUIDA: Good morning. For the record, Nick Casalanguida, with Transportation. CHAIRMAN STRAIN: Nick, have you seen the TIS for this project? MR. CASALANGUIDA: Yes, we have. CHAIRMAN STRAIN: Okay. Based on the TIS, when did you anticipate traffic being utilized on this site to the maximwn extent that the site is being designed for? MR. CASALANGUlDA: For the purposes of the church, it's Sunday morning traffic. CHAIRMAN STRAIN: If the traffic were to change and go beyond that by the use of other congregations in different hours of the days of the week or whatever, would that have any change to your concerns over traffic? MR. CASALANGUIDA: If they were to provide impacts between the peak hours, we count traffic where those impacts Page 17 1611 A 4 September 18, 2008 would be, you know, reviewed to get background traffic, it would. So if they did church service between 4:00 and 6:00 p.m. during the week day where we have concurrency, we have not reviewed that for impacts. CHAIRMAN STRAIN: If they did it any other hour, it doesn't bother you? MR. CASALANGUIDA: That's not the way our concurrency system in Policy 5. I reviews traffic impacts. The only other issue would be I guess is that even without seeing the traffic impact statement with the submittal that was submitted the first time, there's still sufficient capacity on Livingston Road through the review of GMP 5. I to accommodate the church in the p.m. peak hour. That section of roadway does have capacity. CHAIRMAN STRAIN: Okay, thank you, sir. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Mr. Schiffer" COMMISSIONER SCHIFFER: And mark, I'm not really having that much trouble with the mixed use of it. One of the green concepts we look at in buildings is multi use of buildings, better use of resources. The last growth management bill by the state asked us to look at efficiency as one of our parameters, and I think this is a good example of it. If this would prevent another church from being built essentially, it would be good on the green side of the line. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Would you like me to read what we stipulated for the Naples Baptist Church, just to refresh everybody's memory? CHAIRMAN STRAIN: Sure. COMMISSIONER CARON: It says, the uses shall be limited to church services in a parsonage. In this case -- in that case day care was prohibited. We're talking something different here. The church services shall be limited to Sunday, Wednesday evenings, religious holidays and a maximum of20 special events per year. Bible study shall be excluded from this limitation. CHAIRMAN STRAIN: Okay. Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I'm uncomfortable with getting too restrictive. I think the church needs some flexibility. And as Brad said, we want to try and maximize each piece of property we have. And I don't think the church is going to cause a problem. CHAIRMAN STRArN: Mr. Midney, then Mr. Wolfley, then Ms. Caron. MR. MIDNEY: I'd kind oflike to echo that. I know in Immokalee we have a problem with churches not able to find buildings. And it's, you know, fairly common for one church to use another church just because it is expensive, you know, to get a church. CHAIRMAN STRAIN: Mr. Wolfley, then Ms. Caron. COMMISSIONER WOLFLEY: Exactly, I feel the same way. But gosh dam it, disclose it, you know, to traffic and to everybody else what the intentions are. If you're going to use it seven days a week, then say it. That's aiL Or if you're going to use it four days a week or three days a week. If you're going to have operations between 8:00 a.m. and 9:00 p.m., just disclose it so that we can make sure that everybody's on board. That's aIL MR YOV ANOVICH: You know, we're not hiding anything. I mean, I think the implication that we didn't disclose. Churches, I would bet you that quite a number of churches do allow other faiths to use their facilities and that churches don't only operate Sunday morning. You know, churches do have sometimes evening services. Do you have -- you know, the problem is what do you call a service? If we have a church dinner and we open it up with prayer, and the minister decides to talk 10 minutes about whatever the topic, do I now have a worship service that occurred on a Tuesday night and have I now violated the PUD law? It becomes very complicated to define what is or is not a worship service. I don't know what the North Baptist Church agreed to and I don't think it's relevant If they wanted to agree to it, that's fine. Are you now telling me that the Boy Scouts can't have troop meetings except on certain days of the week? We can't have Girl Scout meetings there? You know, we can't have other things -- CHAIRMAN STRAIN: Richard, before you go off, I said outside congregations. Boy Scouts aren't a religious congregation. Girl Scouts aren't a religious congregation. My comment was outside congregations. Now, I don't know if anybody else is questioning any different than that, but that's all I questioned. So if you still want to talk about Boy Scouts and Girl Scouts, go right ahead, but that's not an issue -- MR. YOV ANOVICH: Other outside congregations is common. It happens. I don't think it's a problem. I'm sorry if Page 18 16 / 1~ A 4 September 18, 2008 there's a church that has created a problem in the past, but I don't think that we should start regulating evel)'body for the worst case scenario. There are noise ordinances, and if they are creating problems, we need to address it that way. CHAIRMAN STRAIN: We have a I,OOO-page LDC that's changed multiple times a year to regulate to the worst case scenario, just so you know. Ms. Caron? COMMISSIONER CARON: Well, I was just going to comment that there is no limitation on Sunday. I mean, they can run a service eveI)' hour on Sunday, according to what we approved for the Naples Baptist Church. There's absolutely no limitation. And it doesn't limit who can be in that congregation either. So I don't think it's quite as restrictive as you like to make it out MR. YOV ANOVICH: Well, I'm just asking how restrictive do you want to make it be. And don't forget, there has been a traffic analysis done for a school and day care during the week. So that analysis -- there has been an impact analysis of what will happen during the week. CHAIRMAN STRAIN: The gentleman from Positano Place, would you mind coming up to the microphone and letting me ask you one question? Since you represent the project next door that would be most affected by this, I know you went through neighborhood information meetings where you asked a lot of questions, and you heard this meeting, and I know you and your representative at least were at the last meeting. This additional use that could go on here, this unlimited use, if they wanted to bring in other congregations, does that pose any concern to your organization? MR. COX: Well, having built YMCA's all around the country, one of the things we would always have to face is we might do Red Cross training 00 a given night We always had to make sure that we protected the neighborhood. We want a wall across the north side and we want them to say they're going to do it and we want you to make them do it. That's what we think ought to happen. And then we think we can live -- if they do it normally, it's not uncommon for a church to get $50 a week for the Scouts to meet to help pay for the cleanup of the church and things. We were not opposed to that, as long as they'll be willing to say, you know, maybe give us some -- I think what you're trying to do is to say you've left it kind of wide, could you narrow it down just a little bit for us. And we would feel the same thing. But the biggest concern we have other than the wall is we don't want anybody coming through Positano. And I want them to say, I would like them to take out any single family, and I'd like them to say that we're never going to ever try to get into Positano. We have our own problems. We've talked about that at the neighborhood meeting. We want that specifically. And I'd like him to stand up here and say we're going to take our traffic in and out on our own and we're going to put a wall up on the north side. And I believe that if they follow the Lord's blessing, that they will in fact use the church in the right ways. And I am for them with other not-for-profits, especially not-for-profits. I would be opposed to for-profits coming in here for them to do anything that helps them pay for their building. But when it comes to the Red Cross, the YMCA, Hospice meetings, anything like that, we would be 100 percent for that CHAIRMAN STRAIN: Thank you vel)' much, sir, I appreciate it Anybody else? (No response.) CHAIRMAN STRAIN: Okay, with that, Richard, did you want to have any rebuttal or do you consider what you just did enough? MR. YOV ANOVICH: No, I just wanted to make it clear, because this gentleman wasn't here at the last meeting. We have never asked for that interconnection. We did specifically say at the last meeting we don't want that interconnection. I believe the planning commission probably -- I think the planning commission agrees with that It was always a staff generated item. If the planning commission agrees with us, it would come off. So that's never been something we've been asking for. And I did at the last meeting, but you weren't here. I just want to make sure you knew that CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, just one final question. You and I talked, Mr. Y ovanovich, about the word cumulative in your PUD. MR. YOV ANOVICH: And I did, I forgot to ask the question. When we say cumulative, we meant 150 students cumulative in all students, and not each grade. So it's total students who are pre-K. It's not -- it couldn't get to the 1,500 number we talked about, yes. Page 19 1611 7 J'4- September 18,2008 CHAIRMAN STRAIN: So let's get specific on what's being changed on Page 2-- COMMISSIONER CARON: 150 student total enrollment CHAIRMAN STRAIN: That's up on the third line on the top. Instead of the word cumulative, it would be 150 student total enrollment COMMISSIONER CARON: For all those grades. CHAIRMAN STRAIN: Okay. Richard, is that all you need to say? MR. YOV ANOVICH: Is that all I need to say? CHAIRMAN STRAIN: I know you'd like to say more, but have you said enough? COMMISSIONER MURRAY: I don't think you want to know what he'd like to say. MR. YOV ANOVICH: No, I -- this is the family hour. Let me put -- we would like to have a unanimous recommendation out of the planning commission for obvious reasons. It saves money on the next level of hearings, hopefully. If the residential as a conditional use is not going to get us the lll1animous vote, then we'll drop the residential. We'll keep the ALE COMMISSIONER WOLFLEY: And you're referring to other than the-- CHAIRMAN STRAIN: Mr. Wolfley, did you want to speak, sir? Go ahead. COMMISSIONER WOLFLEY: I'm sony, I apologize. And in my comments, I only meant the 74 units. If the two single-family homes would be used by the pastor or something or staff of the church, I don't have a problem with that MR. YOV ANOVICH: And that's what I meant Because that's where I -- I thought that -- it would be number one as the COMMISSIONER WOLFLEY: I'd hate -- MR. YOV ANOVICH: -- principal use would go away. COMMISSIONER WOLFLEY: -- seeing those two homes get torn down. That would just be a travesty. CHAIRMAN STRAIN: They should be lifted up and moved and resold or something like that, yeah. MR. YOV ANOVICH: You can't tear them down. They're built too welL COMMISSIONER WOLFLEY: Gotta be moved. COMMISSIONER MURRAY: Aren't they historical monwnents? MR. YOV ANOVICH: They probably are. They probably are. So that would eliminate number one. COMMISSIONER WOLFLEY: So just need to be clear here. You are saying the ACLF only, if you decide to go that way. MR. YOV ANOVICH: Yes, sir, the ALF would stay in. CHAIRMAN STRAIN: But David, let me say something to you. This property was originally I understand going to be part of a residential community. It's surrounded by residential. There's no reason residential couldn't work here. The only concern is, is how would it affect the neighboring property. They actually could benefit from a well done residential project The proof in that would be the process of a conditional use that the applicant's offering. The neighboring property owners would have a huge say in what happens there simply by their attendance of these meetings, the neighborhood infonnation meeting. And they may find out that it actually benefits them to have something other than a non-residential here because it may increase property values, depending if the need in time forward is there. I'm not saying we should give it to them today, but I think the reasonableness of a conditional use really provides the opportunity to scrutinize it and make sure if it is something workable to the people to the north, they have an absolute say in it, they will be attending -- they could attend all the meetings, they would have neighborhood infonnationaI meetings to be involved with. So to me, under those conditions I think that's a way to go. But I'm just one. Go ahead. COMMISSIONER WOLFLEY: And they're at a hearing, and what would the other hearing -- the next hearing, the conditional use hearing could go the same as this. It was meant to be residential, so just -- matter of fact, double the size of the townhome. I mean, you know, so, anyway -- CHAIRMAN STRAIN: I don't know. I'm sony, I didn't understand -- what are you talking about? COMMISSIONER WOLFLEY: Well, I would think that the conditional use would go the same way as this is going. CHAIRMAN STRAIN: I don't understand. This is a use for a church. COMMISSIONER WOLFLEY: That's correct And that's the way I was trying to leave it, that's aiL CHAIRMAN STRAIN: This is a PUD, though. I mean, a conditional use is a three-step process for public hearings but Page 20 16/1 A It September 18,1008 --okay. Mr. Vigliotti? MR VIGLIOTTI: I can't see them actually coming back for a conditional use. I think this will wind up being an ALF. But if you do want the possibility of some day doing residential, then leave it as a conditional use. You have to come back through the process, we have another bite at the apple, and you have to start this whole process again. So I think the conditional use is a great idea and I can't see restricting the hours of the church. CHAIRMAN STRAIN: Okay, any other comments? Mr. Schiffer? COMMISSIONER SCHIFFER: If the school became very successful, you could blend it into this site, correct? You could use this site to build a better school? MR. YOV ANOVICH: Well, actually, we -- no, we could only use it for parking, water management and recreational uses in support ofthe school. COMMISSIONER SCHIFFER: Okay, so you could never move the school over around to it? MR. YOV ANOVICH: Not the way it's currently structured. COMMISSIONER SCHIFFER: All right, thank you. CHAIRMAN STRAIN: Any other questions before we close the public hearing? (No response.) CHAIRMAN STRAIN: Richard, did you finish? MR. YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: Thank you. With that we'll close the public hearing. Oh, well, before we do that, Ijust remembered a couple of things. Number one, there are some changes here. Depending on how this comes out most likely, you'll need to come back this afternoon with some new language so you haven't got to go on consent. So we need to establish that. Nancy, I don't remember from last time, did you do a presentation last time? MS. GUNDLACH: I did, but I have some -- excuse me. I'm Nancy Gundlach, for the record, Principal Planner with Zoning and Land Development Review. And I do have some comments based on the revised PUD docwnent that was submitted last week that's before you. There are some changes that I'd like to bring to your attention. One is that, if we turn over to the deviation page, it's the second to last page, Exhibit E. There's a change in the deviation. We had a 25-foot wide Type B buffer. It's now down to a IO-foot wide Type A buffer. And staff is not in support of that. It's a far less buffer, it's basically 10 feet wide with trees 30 feet on center. And the issue is buffering incompatible land uses, not who owns the property. Also, I'd like to invite environmental to come up and speak to you regarding -- there's some language under Exhibit A, under the preserves, which is not consistent with the GMP. So I wanted to bring that to your attention. CHAIRMAN STRAIN: Well, Nancy, let's go one at a time. MS. GUNDLACH: Okay. CHAIRMAN STRAIN: This language that is -- that you're bringing up, let's talk about it first. You're saying the red language in here -- we have something that was given to us. What you're proposing is different than what was given to us or part of -- it looks about the same. MS. GUNDLACH: What was given to you is the same. That just shows -- the red language shows where the change took place between the docwnent that you reviewed at the first CCPC meeting on September 4th and the document that we are -- that's before us today. CHAIRMAN STRAIN: And you're objecting to that language. MS. GUNDLACH: Correct. CHAIRMAN STRAIN: Okay. Ms. Caron? COMMISSIONER CARON: What it said last time was that it would be an alternative Type B buffer to allow a 25-foot Type B buffer. And now it is saying Type B buffer to allow a 10-foot. So somewhere along the line they've managed to -- we've managed to lose. CHAIRMAN STRAIN: Okay, but could you put the site plan back on. Because isn't this the piece between the-- MS. GUNDLACH: Yes. CHAIRMAN STRAIN: Between the CFR and the CF? MS. GUNDLACH: Correct. CHAIRMAN STRAIN: Okay. So as long as they own and control the CFR and the CF, why do we even need a buffer for to begin with? Page 21 16Jl~' It September i8,2008 COMMISSIONER WOLFLEY: That's what I -- COMMISSIONER VIGLIOTTI: Yeah. MS. GUNDLACH: Okay, ifthey develop the n if they own the back tract, if they develop it with residential, the purpose of the minimum landscape buffering is to buffer between incompatible uses such as an ACLF, a multi-family residential project, and a church and schooL CHAIRMAN STRAIN: But if they own it and they've got to develop it and they got to sell it and utilize it as an ACLF that's viable and a -- or if they were to get a conditional use, if that's the way this board goes for the multi-family, wouldn't they have to do whatever they got to do to make it compatible so that people would buy there? MS. GUNDLACH: Well, they're asking for permission not to meet the minimum code requirement, which makes it compatible. CHAIRMAN STRAIN: What makes it compatible, the minimum code requirement? MS. GUNDLACH: Those are some graphics from a minimum code presentation that I did a couple of years ago. Can you show both images, Ray. The image at the bottom is a I O-foot wide buffer. And what we'd be receiving between the church and the back tract would just be a 10-foot wide buffer with trees 30 feet on center. That's the current language that's proposed. The minimum code requirement is a 25-foot-wide buffer, and it looks more similar to the image at the top which shows a double row of trees and a hedge. That's the difference. CHAIRMAN STRAIN: Okay, but the language that's proposed would only happen if the church owned and developed both properties, right? Based on the language that they've inserted? MS. GUNDLACH: Correct. And they could be different uses. CHAIRMAN STRAIN: Right. But they own them both, right? MS. GUNDLACH: Correct. CHAIRMAN STRAIN: Okay. Mr. Vigliotti? MR. VIGLIOTTI: Are you saying you want this buffer no matter what they do with that piece next door, or only if they do develop the piece? MS. GUNDLACH: It only -- the buffer would only come in if they develop the piece. MR. BELLOWS: As residentiaL MR. VIGLIOTTI: As residential? MR. BELLOWS: We don't care if it's another CF use. CHAIRMAN STRAIN: Okay, but then wouldn't that be an issue we would discuss then during -- ifany conditional use, ifthat's how this -- MR. BELLOWS: That's true, if you go that route. This was prior to that CU discussion. CHAIRMAN STRAIN: So deviation number two is not needed unless we put the alternative conditional use n unless they proceed with the alternative conditional use. MR. BELLOWS: Yeah. CHAIRMAN STRAIN: So for all intents and purposes, we're probably going to do one of either two things: We're either going to eliminate the multi-family or we're going to put it through a conditional use. In either regard, deviation number two then is irrelevant. Is that a fair statement? MS. GUNDLACH: That's fair. MR. YOV ANOVICH: I don't think so-- CHAIRMAN STRAIN: Okay, then let's just eliminate deviation number two. MR. YOV ANOVICH: Well, let me ask this question first, because you may be right. We kept the ability to do an assisted living facility, okay? Is an assisted living facility considered residential for purposes of buffering between uses? Because what we want -- I want to make sure it's clear, because if we own the -- everything and we decide to build a church-related assisted living facility, we say we shouldn't have to have the buffer between us, it's related to the church, we think they're compatible uses, we're owning it, we're operating it, or one of our affiliates is owning and operating it. That's when our deviation would apply. Ifwe sold it to a third-party developer of an assisted living facility, the language says the code-required buffer would apply. So what we were trying to say is if we decided as a church to do an assisted living facility, we think this minimum buffer is all we really need, it's integrated into the church, we don't see them as incompatible uses. And it all comes down to how do you define an assisted living facility. Page 22 16tjJi September 18, 2008 , f And I think it kind of goes both ways, and I think that's appropriate, because it is, it's kind of quasi-institutional, quasi-residential under the code. So I just want to -- that's why I don't necessarily want to get rid ofthat language. CHAIRMAN STRAIN: Okay. Go ahead, Ms. Caron, then Mr. Murray. COMMISSIONER CARON: I think Mr. Yovanovich is right, I think we need to keep two in there so that if it's not part of a church facility, whatever gets developed back there, then they are required to meet the code. MR. BELLOWS: For the record, Ray Bellows. I just don't have a problem with that The ALF is basically a community facility use. I think our concern was if it's developed residential, we would like that As long as it's clear in that regard, and we can address that if we go through the conditional use route at that time. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Mr. Yovanovich, question having to do with the development overall where that boundary line would be. Will the surface area be -- once developed, will the surface area be pervious or impervious along that line where the buffer is being questioned? Abutting on either side. In other words, would one be able to distinguish a buffer, obviously through the trees, but you would have grass surrounding the area, or do you have -- Nancy put up there an illustration of impervious on both sides and a buffer. Is that the way that it's going to look when you folks finish? MR. YOV ANOVICH: I doubt on the ALF side that they'll be immediately adjacent I don't think you'll have that situation. COMMISSIONER MURRAY: I don't think so either. MR. YOV ANOVICH: I think we do have some parking on the rear ofthe CF piece-- COMMISSIONER MURRAY: You would have parking-- MR. YOV ANOVICH: -- and there would be grass and then you would go into the assisted living facility parcel. COMMISSIONER MURRAY: On the church side. And using Nancy's illustration that's on here, let's make believe the one on the left is where the church side is. Is that what you perceive, you would have that type of parking, impervious parking all the way up to that point? MR ARNOLD: If! might jump in, I'm Wayne Arnold, lIying to address that I think what we're -- part ofthe issue, and Rich addressed this last meeting, the question was whether or not we needed a buffer today. We're in for site plan approval for the church. Staff had requested a landscape buffer between the church and the vacant CF and R tract And the question was, did we really need it? We didn't think we did. We came back and adjusted the deviation to 1Iy to address that situation that we heard the planning commission discuss. That was really that of ownership. I can't tell you today, Mr. Murray, what that will look like. Ijust know in our site plan right now that we've designed that's in for review, we have along the back ofthe church building a drive isle and some parking. It terminates at roughly the bOWldary you see there between the two tracts. And what's there and remaining are the two single-family homes, lawn area and vegetation. So there's not a discernible planted 10-foot-wide buffer that we would necessarily need under today's scenario. Ifwe came back in with an assisted living facility, I think there would be some complementary landscaping. I just don't know that it needs to necessarily be 25 feet wide or any, depending on how we rearrange the site and how we make it function with the church. COMMISSIONER MURRAY: I understand you. I guess what I was hearing ultimately boiling down to is a question of whether or not it's a third-party ALF versus the church. Perhaps that can be a stipulation in here. Because I agree, I don't know that the issue of a boundary immediately -- MR ARNOLD: And I think one ofthe things that I was just mentioning to Rich, maybe that deviation needs to be restructured so that there is no buffer required between the tracts unless it's developed by a third party, ifthat's the direction we're headed. And I can come back, and we've got the computer, we can address some language with you as we come back. COMMISSIONER MURRA Y: That's better. MR. VIGLIOTTI: I agree. CHAIRMAN STRAIN: Okay, I'd like to get this one moved to a point where we can leave it by break so the applicant can start working on a rewrite for this afternoon. Nancy, did you have any more you wanted to-- MS. GUNDLACH: Yes, Ijust wanted to remind you that staff is not supporting deviation number three, which has to do with the walls. And the deviation basically eliminates all the walls that are required on this property to buffer it from the adjacent residential properties. Page 23 16 I ~l A ), September 18, 2008 COMMISSIONER CARON: Okay, but is there a concern in the wall being eliminated from the eastern and southern boundary? MS. GUNDLACH: There is. CHAIRMAN STRAIN: By who? MS. GUNDLACH: As I described last time when I was out at the BalmoraI site, which is the development to the south, all the houses along the south property line are built. And you can see right through from their front yards all the way to Positano Place. So certainly there is going to be a view of the church. CHAIRMAN STRAIN: Okay. Will the representatives of Balmoral please come up to the speaker. Nancy, were they given public notification oftoday's meeting" MS. GUNDLACH: Yes. CHAIRMAN STRAIN: Okay. Anything else you bave? MS. GUNDLACH: Just I'd like to invite environmental up. They need to clarifY some language about open space that is not consistent with tbe Growth Management Plan. MS. MASON: Good morning. For the record, Susan Mason, with Engineering and Environmental Services Review. I did just briefly speak also witb Wayne Arnold on tbis, and I believe wbat you can confirm with him, that when I explained our concerns tbat they could agree with them. It's what I had mentioned at tbe last meeting, that even with the cbanges it just needs to be clear that any of tbe uses that they're proposing in tbe preserves shall not impact the minimum required vegetation. That's required by botb Growth Management Plan language and the LDC. And also, requested that they remove open space activity, since that's not consistent with preserve uses. It can include things like lawns, courtyards, atriums, things like tbat. And I believe they don't have a problem with taking out open space activity and clarifYing that the -- any uses won't impact the minimwn required vegetation. CHAIRMAN STRAIN: Could you show us where tbe open space activity language is, please? MR. ARNOLD: Mr. Strain, if! might -- Wayne Arnold -- jump in. It appears under revised -- under the preserve tract language on Page 4, under item now nwnber two, was previously number three. And then again under accessory uses Wlder number three. Tbose are both set up so that it refers back to some standard language as approved by the BZA. And I think that Susan's concern was the reference to related open space activity, rather than just any other conservation use, because of concern that we might try to turn this into yards or something. I don't tbink tbat's an issue for us. If that addresses ber concerns, I think we can delete tbat language. We're only getting any of this if we go back to the board anyway, so it could very well be a moot point. But nonetbeless, if that's the issue. And then her second point was if you look at the accessory use language that was revised, under the first one that mentions boardwalks there's a phrase at the end that says, as long as any clearing required to facilitate these uses does not impact the minimlUTI required native vegetation. I think in my discussion witb Susan, sbe would like tbat language moved so tbat it applies to all principal and accessory uses, so tbat it's not just under tbat one. And I don't bave a problem with that CHAIRMAN STRAIN: Okay. Wayne, did you bring your computer witb you-- MR. ARNOLD: I did. CHAIRMAN STRAIN: -- or somehow you're going to be doing all this? MR ARNOLD: Yes. CHAIRMAN STRAIN: Because as you do it, could you do a-- MR. ARNOLD: Strikethrough. CHAIRMAN STRAIN: Yeah, striketbrough version so we can see the changes. And that way it will certainly belp out. MR. ARNOLD: Yes. MS. GUNDLACH: Commissioners, I just bave one more piece of information tbat I need to share with you. I did receive a pbone call from a resident ofPositano Place, and tbey left a voice mail message tbat tbey were opposed to this project. CHAIRMAN STRAIN: And tbe name oftbat person? MS. GUNDLACH: I don't recall the name of that person. CHAIRMAN STRAIN: Thank you. Okay, any other questions of staff? (No response.) CHAIRMAN STRAIN: Tbe applicant? (No response.) Page 24 l6 i 1 A 4 September 18, 2008 CHAIRMAN STRAIN: We've heard public speakers, so now we'll close the public hearing and we'll talk about the motion fIrst and then take a vote on it. I'll read my list and I certainly would appreciate the planning commission members to discuss, and we'll take a consensus before we go to vote. Number one is the staff recommendation that the playground be removed -- yeah, the staff recommendation for the playground, that that be removed. Does anybody have a problem with that" MR VIGLIOTTI: No, it should be out. CHAIRMAN STRAIN: Number two, remove the interconnection. Does anybody have a problem with that? COMMISSIONER WOLFLEY: No, we don't want it CHAIRMAN STRAIN: Number three, here's the fun one. This is the one where there shall be a 200 ACLF unit or 74 multi-family units. There will not be a mixture of the two. The issue of course is whether the 74 multi-family units should be listed as a CU or struck altogether. Mr. Vigliotti? MR. VIGLIOTTI: I believe we should do it as a conditional use. This gives us all the preventative we need. And as I said, we get another bite at the apple. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I echo Mr. Vigliotti's-- CHAIRMAN STRAIN: Mr. Schiffer" COMMISSIONER SCHIFFER: Yeah, my point was when I first saw this, this would be a good site for affordable housing, but I do think the conditional use process should be involved with that, so -- CHAIRMAN STRAIN: Mr. Midney? MR. MIDNEY: Agree. CHAIRMAN STRAIN: Anybody else? Mr. Vigliotti? MR. VIGLIOTTI: I'd just like to ask one thing, I don't know ifi!'s appropriate now. But the wall that we're talking about, if we decide we need it at the conditional use, we can require it then, correct? CHAIRMAN STRAIN: Require it any time you want, yeah. We're going to discuss the wall specifically when we-- yeah, certainly. Mr. Wolfley? COMMISSIONER WOLFLEY: Well, I'm going to remain the contrarian then regarding the 74-unit multi-family. CHAIRMAN STRAIN: Well, I certainly don't see the need to strike it I think a conditional use is more than adequate. It's unfortunate, Mr. Wolfley, if you're going to force us into-- COMMISSIONER WOLFLEY: I'm not forcing. CHAIRMAN STRAIN: Well, yeah, you are, because the applicant's going to want to do it that way. I don't understand your reasoning. This is a residentially zoned area in the first place. It's in the urban area. It was residential at one time in the past And the conditional use provides everybody with equal protection that they have here today. But obviously you've got your mind made up and we'll just move fOIWard. Mr. Vigliotti? MR. VIGLIOTTI: Mr. Wolfley, after today they have no rights to build it When they leave here today, if we do a conditional use they have no rights, they can't build it If they so decide down the road they might want it, well, they've got to start all over again. And by all means they have to come before us. COMMISSIONER WOLFLEY: I agree that -- and I'm totally in favor of the property without 74 units. That's aiL COMMISSIONER VIGLIOTTI: Well, they're not getting them. COMMISSIONER WOLFLEY: Huh? MR. VIGLIOTTI: They're not getting the 74 units. COMMISSIONER WOLFLEY: Okay. CHAIRMAN STRAIN: Okay. The wall between the CF tract and the CFR tract shall only be required if there's a non-related land use. And we've just talked about the language that would kick in if it was sold to another entity. Does anybody have any problem with that issue? (No response.) CHAIRMAN STRAIN: Okay, number five, provide a list of principal outdoor recreational facilities. I think that's been vetted. Does anybody have any more concerns? COMMISSIONER MURRAY: Should it be as they wanted it, as what's not going to be applicable? Page 25 .. 1 6 ~Jtem~er 1 H2008 CHAIRMAN STRAIN: Well, as we've discussed, you know, what they provided, right-- COMMISSIONER MURRAY: Is that the way-- CHAIRMAN STRAIN: Unless you want to suggest something else, Mr. Murray? COMMISSIONER MURRAY: No, I wanted to be clear. I just want to be clear. CHAIRMAN STRAIN: Number six, Exhibit F, list of developer commitments, Item 2(A), environmental. Remove fIrst two sentences and keep the last sentence. I'm not sure what that is, so let's l1y to fInd out MR. YOV ANOVICH: I think we did that on the draft you saw. CHAIRMAN STRAIN: Okay, that's been done in that prior one? MR. YOV ANOVICH: Yes, sir. CHAIRMAN STRAIN: Okay, number seven, Exhibit A, pennitted uses, preserve tract Add a sentence that the land use cannot be reduced to overall acreage. We've heard that agreed to. And remove the open space activity. We heard that agreed to. Anybody have any comments" (No response.) CHAIRMAN STRAIN: Number eight, a wall is required along the north property line. Staffs deviation, or the requested deviation by the applicant removes the wall from the north, eastern and southern boundaries. This would put it back in on the north property line. Does anybody have any issues with that? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: Yeah, I'm not so sure they need it unless they do either an ALF or the 74 units. I don't -- can't see why they would do it now. There's no activity there at all. COMMISSIONER WOLFLEY: Well, they're removing it from-- CHAIRMAN STRAIN: Mr. Wolfley, did you have a comment? COMMISSIONER WOLFLEY: I was just saying, didn't they say that it was not necessary on the south, east and -- east, I think you said? CHAIRMAN STRAIN: Well, the deviation's requesting that there not be a wall on the north, east and southern boundaries. The discussion last time was to leave it omitted from the east and southern but require it on the northern because the people from Positano Place have come in and expressed a concern. COMMISSIONER WOLFLEY: Yes, that's right CHAIRMAN STRAIN: Does anybody have a problem with leaving it in on the north" Mr. Vigliotti just expressed a concern about the area involving the multi-family and ACLF potential. MR VIGLIOTTI: Right In other words, where I'm going is if they do the ALF or ifthey do the multi-family, of course, then they would probably require -- defInitely require a wall. I don't see the need for a wall at this time. CHAIRMAN STRAIN: Ms. Caron, then Mr. Schiffer. COMMISSIONER CARON: That's not where they're talking about the wall. COMMISSIONER VIGLIOTTI: I'm talking the north wall. COMMISSIONER CARON: Yeah, but they're talking about a wall from Livingston to where that pink area or orange area. It's along the church and school portion, not the back portion. MR. YOV ANOVICH: Yeah, I thought staff supported, J'm sony, the deviation basically from here all the way around. It was just from this point west that staff was -- because of the width of the preserve here in combination of their preserve, they felt a wall was not necessary. I think that's what staff said in their staff report. MS. GUNDLACH: No, that's not what we said in our staff report. The only place where we're not requiring a wall is where there's one currently existing at Balmoral Place. And I can show you -- the wall currently exists -- I'll show you on this graphic -- from here to here, if you can see that CHAIRMAN STRAIN: Okay. But I think what we're trying to say -- fIrst of all, I understand, Mr. Vigliotti, your concern about if this goes with a development in the back. The problem is what they're going to put back there probably is more of a reason to have a wall than the development Because what they're going to put back there are outdoor activities that could have a wide range of actions. And for Positano to have protection from that additional noise and meeting, whatever else would occur, ball fIelds, whatever they are, for that remaining piece of the property, that would solidifY the northern boundary as a solid wall. And personally, I don't see a problem with that The eastern side I see no need for it, and the southern side absolutely not because of that long Florida Power and Light Page 26 ~.I;.I.'... _b ~'. se~em~r 18~008 easement. Plus there's a partial wall already there where the residential are, so -- MR. VIGLIOTTI: So then I'll not make an issue over it because I'm really concerned about getting a unanimous vote and I don't want to make that a deal breaker. CHAIRMAN STRAIN: Youjust gave Mr. Wolfley what he needed. You're not a good negotiator, sir. COMMISSIONER SCHIFFER: Since Bob folded, I mean, I didn't really from a design standpoint see the benefit of the wall, what they're going to get. It's a six-foot-high wall, correct? It's a six-foot-high waIL The Balmoral are multi-story buildings, correct? CHAIRMAN STRAIN: Positano to the north -- COMMISSIONER SCHIFFER: Positano, I mean. They're three-story. I mean-- MR. YOV ANOVICH: I think they're three. COMMISSIONER SCHIFFER: Yeah. So, I mean, I'm from a -- I don't know what protection you're getting other than to keep somebody from walking from one side to the other. And a masonry wall is an expensive way to do that. So, I mean, I'll go along with everybody for the same logic of -- but I don't see what we're gaining out of this thing other than the expense of a masonry wall. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Positano stated that they are a gated community. Does that mean there is a wall or a fence along that boundary? MR. YOV ANOVICH: It's my understanding that they have a chain link fence along their southern boundary. COMMISSIONER CARON: All the way from the front to the back? MR. YOVANOVICH: Yes, I think he just nodded yes. COMMISSIONER CARON: All right. And they have their own landscaping. MR. YOV ANOVICH: Yes, ma'am. COMMISSIONER CARON: And you have offered an enhanced landscape on your side-- MR. YOVANOVICH: Correct. COMMISSIONER CARON: -- is that correct? All the way to where your preserve kicks in? MR. YOVANOVICH: Yes. And if I could just call your attention to Page 12 of 14 of the initial staff report. I think that's where they said as long as the preserve was ] 00 feet wide there would be no need for a wall. And that's on the Arlington -- which is Positano, to the north, Arlington to the east, which is -- and then BalmoraI to the south. Because there is already a wall, as Nancy pointed out. And then you have their big preserve where their wall ends. That's how I read Page 12 of 14. COMMISSIONER MURRAY: I don't think you need a waiL COMMISSIONER SCHIFFER: Mark, let me-- CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: And Rich, if you don't build the wall-- or if you do have to build the wall, you won't build the enhanced landscape. MR. YOV ANOVICH: You know, I don't -- there's so much money we can spend. No, there's no reason-- COMMISSIONER SCHIFFER: So the point I'm making is that I think that the development to the north, especially three-story, would be much more benefitted by trees up in the air blocking the view to the ground than they would be by a wall that really protects a limited view. CHAIRMAN STRAIN: Well, if you all remember the Jehovah's Witness case and the neighbors there, the whole issue was involving that wall between the Jehovah's site and the neighbors to the west. The wall was needed not because of a view from above or anything else but because of the headlights, the car alanns, the noise and everything else that was happening. They appealed our decision and the decision of the Board of County Commissioners and took it to court. I read the outcome of the court case, and I hope the county attorney's office has got some recollection of it, but it's my understanding that the judge instituted the wall as a requirement in their settlement ofthat case. We have a same situation here. We have neighbors to the north who are not going to -- I agree, the chain link fence and the higher trees give you some visual buffer, but I think the headlights lower to the ground and the noise from the car alanns and everything else, and especially with a facility that's not going to regulate how often it's to be used now, provide a protection to the north that enhances compatibility. So I personally think the wall's a good thing to have on the northern boundary. Mr. Murray? Page 27 161'1 A September l~ 2008 COMMISSIONER MURRAY: These are multi-story buildings to the north, Positano? How -- three-story? A lot of people live there? They have cars? They have car alarms? They come, they go, their IighlS shine. I think we're talking about -- l'lI let the court then require it. I can't support a wall there. Not at this point. CHAIRMAN STRAIN: Okay, any -- what do we have with the wall then? Mr. Wolfley, what's your thought on the wall? Just yes or no. COMMISSIONER WOLFLEY: I don't have a real hang-up about a wall, no. CHAIRMAN STRAIN: What do you mean no, no wall required or-- COMMISSIONER WOLFLEY: No wall required. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: I thought I made my point, no wall on that. CHAIRMAN STRAIN: Well, then I don't -- okay, Mr. Murray, I was trying to be -- go down the -- Mr. Vigliotti? MR. VIGLIOTTI: I don't see a need for the wall either. CHAIRMAN STRAIN: I do. Ms. Caron? COMMISSIONER CARON: No, I don't see the need for the waIL CHAIRMAN STRAIN: Mr. Midney? MR. MIDNEY: No waiL CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: No waiL Enhanced landscape. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: WaiL CHAIRMAN STRAIN: Okay, two walls-- COMMISSIONER WOLFLEY: Mr. Chair? I'm sorry, I'm ill for a week here, I'm surprised I'm here. But no, I am in favor of the wall along where the church -- where the road is that turns in. I'm sorry, I'm weak -- yes, I'm in favor of the wall there. CHAIRMAN STRAIN: Okay, there's five that don't see the need for the wall and three that do. Mr. Schiffer? COMMISSIONER SCHIFFER: No, go ahead. I'm sorry. CHAIRMAN STRAIN: Well, that brings us to a split vote on that issue. We have apparently a 7-1 vote that would occur on the multi-family issue. Richard, do you have a suggestion that you -- as a solution, or obviously you would rather leave a -- have the one person on the multi-family go along with the majority and the three in the minority on the wall go along with the majority there too. But do you have any compromise you want to try? MR. YOV ANOVICH: I don't know that there -- we understand your -- you're not taking a vote right now? CHAIRMAN STRAIN: No, we're just trying to get to a vote. MR. YOV ANOVICH: We're going to come at some point -- there'll be a break, right, and we're supposed to craft language based upon what we hear is the discussion. And that will come back, and at that point we hear what the majority is saying and we hear what the minority is saying, and we'll bring you language that we are going to request that you vote on. Ifthat works -- CHAIRMAN STRAIN: That works fine. The next couple of things I want to clean up. The limit on the recreation activities to the parcel to the west -- or to the east, I'm sorry, was from 9:00 p.m. but not before sunrise. There was to be no formal recreation facilities and no outdoor lighting. No formal ball fields with back stops and no outdoor -- all that stuff that building permits are required for kind of thing. There was discussion about limiting the church to their congregation. That seemed to be in negated by the fact that we would have a waIL But if we're not going to have a wall, we ought to really discuss whether or not we should limit them to their uses then. Because that was where rhe -- where I thought we had at least touched on it. Is that -- anybody else have any issue with that? Mr. Murray? COMMISSIONER MURRAY: You indicated that you read the court case and didn't the judge then find in favor of the congregations having their multi-congregation use? CHAIRMAN STRAIN: With a waIL COMMISSIONER MURRAY: Okay, but I thought you were about to embark on a discussion about congregations. CHAIRMAN STRAIN: I am. COMMISSIONER MURRAY: So the wall I thought was a separate issue. Now you're bringing the wall back into it Page 28 .~. A 16 JS~tember I ~2008 because of the congregations; am I correct? CHAIRMAN STRAIN: Right. J -- when we fIrst talked about the congregations, if -- part of that discussion was that during the issue with the wall there might be a way to detennine compatibility by allowing the multiple congregations as long as there was more protection to the property to the north. COMMISSIONER MURRAY: Well, I had indicated earlier that I thought that the wall was not needed because of the reasons J made. To tie it now to the congregations I think is a circular argument. I hope not, but maybe it is. CHAIRMAN STRAIN: Mr. Vigliotti? MR. VIGLIOTTI: Okay, I can't see what the wall is going to do if we're allowing them for only church-related services. Does it make a difference what denomination of service is there? By allowing them to bring another denomination, is that forcing them to put a wall up? CHAIRMAN STRAIN: No, the additional use to the property. The property right now is slated to be used on Sundays. If they want to utilize the property seven days a week, multiple hours a day, that's going to have a greater impact on the neighbors to the north. That impact should be treated with some compatibility measurement, from my perspective. That compatibility measurement would have been the waiL If the wall's not there then the limitation for congregations may need to be kicked back in. MR. VIGLIOTTI: I disagree. CHAIRMAN STRAIN: Okay, well, that's fIne. I mean, I just -- that's what we're here to do is fInd out who agrees and who disagrees. Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah. I mean, I really have a problem putting restrictions on a house of worship in any way, so -- and I don't see how a wall-- I know you're relating to the other project. The geometry, the scale of the other project, the concept of an existing neighborhood there too is totally different than this to me. CHAIRMAN STRAIN: Mr. Kolllat? COMMISSIONER KOLFLA T: Yes. Well, my vote as far as the wall was predicated on the fact that I thought we had established relative to uses. Now, if we're going to open it up to uses, then I think that the wall is absolutely necessary because of the impact on the neighbors to the north. CHAIRMAN STRAIN: Okay. Well, we're back to the waIL I guess the congregation viewpoint from everybody here, the consensus is there should be no limitations on the congregations. I don't agree with that personally because I thought the wall was going to protect it. But if the wall's not there, I have a problem with the openness to that issue. So that actually brings the wall into a stronger argwnent now. The other item -- go ahead, Ms. Caron. COMMISSIONER CARON: I think, Commissioner Strain, that you have a point in a couple of respects, not only with uses for the church, but then we seem to be losing sight of the fact that they're also going to have a school there. And a wall, while I had said that I didn't think it was necessary, a wall may protect during the day noise from that school as welL So I don't know, I'm tom on this issue of wall or no walL I'm thinking that the language that comes back to us may make all the difference here. CHAIRMAN STRAIN: Okay. Well, we're going to certainly have to -- we'll get the language back and discuss it at that time. Mr. Schmitt" MR. SCHMITT: I just want to make it clear from staffs perspective, we're still going to go forward to the BCC requiring the wall. It's incompatible uses and itls a deviation we don't support. We'll certainly take your recommendation to the board, but from our perspective, and Nancy I thought made that clear, we don't support the deviation and we believe that the wall is required. CHAIRMAN STRAIN: If you don't support the deviation, regardless of what position this board takes, does that still stay on the consent agenda then? MR. SCHMITT: No, sir, it will go on the regular agenda. CHAIRMAN STRAIN: Ijust think the applicant needs to know that before they go into-- MR. SCHMITT: That's why I brought it up. CHAIRMAN STRAIN: Thank you. Okay, I think we've had plenty of discussion. I think the applicant, you have direction. MR. YOV ANOVICH: So I can better advise my client during the interim break on this item, can we talk about the materials for this wall? Because the way it currently reads, it says masonry. CHAIRMAN STRAIN: Why don't you come back with suggestions, Richard. Page 29 16 J l~ A 11 September 18, icro8 MR YOV ANOVICH: Well, I don't want to waste time talking about -- can I talk about, you know -- can we talk about a solid wood fence as a possible, or, you know, as one alternative, and then you have these -- you have the fences where you put the posts in, then you slide in the panel versus -- I just want to know are either two -- are both of those alternatives potentially viable from your perspective and staffs perspective would be helpful during the break. CHAIRMAN STRAIN: The issue that you just mentioned about the slide-in, that's made of concrete. Those are solid walls, those are good walls. MR YOV ANOVICH: I agree-- CHAIRMAN STRAIN: They're cheaper than masonry-- MR YOV ANOVICH: -- but the code says masonry. The code says masonry, which is a problem. CHAIRMAN STRAIN: I think there's some flexibility there. I would suggest that if you were to get together with the gentleman from Positano Place to see if they have any concerns, that certainly would -- their position would weigh heavily with me. So maybe that would be a help to you. MR. YOV ANOVICH: And the other issue I need to know is I pointed you out to Page] 2 of 14 in the staff discussion on the deviation. I want to know if they're not supporting the deviation for the entire boundary or are we just talking about what I thought we were talking about was the pink area to the west, or are we talking about the entire property now? Because I wasn't sure what Nancy said. CHAIRMAN STRAIN: Nancy? MS. GUNDLACH: I can clarifY that The original staff report says that where there is an existing wall at Balmoral, no additional wall is required. And where there are cumulative preserve areas, in other words, there's some preserve area proposed for the Naples Church of Christ and there's preserve adjacent to it on Positano and Balmorai. If that preserve area is a minimum of I 00 feet wide and opaque to a height of25 feet, no wall is required. And I'm thinking of -- think back on Pebblebrook when their preserve didn't offer any sort of opacity. So that's why I wrote that language in, to protect the adjacent neighbors from the impact of this development CHAIRMAN STRAIN: Mr. Vigliotti? MR VIGLIOTTI: Is this -- are we going back to -- are the people from Balmoral here? CHAIRMAN STRAIN: No. But I think what we've done is provide enough direction so the applicant can address the issues and come back to us and we can just simply take a vote when he comes back with the revised language. And if that's satisfactory at this point, I think we beat this one to death enough. We need to take a break for 15 minutes. Let's come back at 10:35 and we'll resume. This one will come back to us. Let's start a time around 3 :00 this afternoon, as close to that time as we can, so that hopefully we can have time before 4:30 to finish up with it (Briefrecess.) CHAIRMAN STRAIN: Okay, welcome back everyone from our break. And now that we've had all that enlightening discussion this morning, welre going to go change gears and move into GMP amendments. Item #9B and #9C (Continued discussion to later in the meeting) CP-2006-7, ITALIAN AMERICAN PLAZA AND CLUBHOUSE COMMERCIAL SUBDISTRlCT CP-2006-8, AIRPORT/ORANGE BLOSSOM COMMERCIAL SUBDISTRICT CHAIRMAN STRAIN: And the first one today is 9(B). It's CP-2006-7. It's the Future Land Use Element for adoption involving the Italian-American Plaza and Clubhouse Commercial Subdistrict at Orange Blossom and Airport Road. County Attorney, do I need to swear in for GMP adoption? MR KLA TZKOW: Oh, let's just do it CHAIRMAN STRAIN: Okay. All those wishing-- MR. KLA TZKOW: Well, I've got to tell you, if they're going to lie to you, let them pay, you know. COMMISSIONER CARON: Yeah, exactly. (Laughter.) CHAIRMAN STRAIN: Although no one's ever followed that up in the past, so let's go -- those wishing to testifY on Page 30 16 11 n J. September 1 t,12008 behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the planning commission" COMMISSIONER CARON: I spoke to Mr. Yovanovich yesterday about this. CHAIRMAN STRAIN: Mr. Murray" COMMISSIONER MURRAY: Same thing. CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: Ditto. CHAIRMAN STRAIN: And I know I might have spoke to somebody about it I honestly can't remember. There's just been too many meetings this week And so I'll assume I spoke to Richard about something and hopefully I'll ask the question again today. MR. VIGLIOTTI: I also spoke to Mr. Yovanovich. CHAIRMAN STRAIN: Okay. With that, we will move to the presentation by the applicant MR. YOV ANOVICH: I think we left off at the -- you wanted us to get to Mr. Casalanguida the proposed transportation improvements, together with a projection of probable costs for those improvements, which we did. I believe Mr. Casalanguida is comfortable with the proposed fix, the conceptual fix, as well as the costs. The next step -- and we wrote a letter addressing the impacts to 1-75. That was also provided to Mr. Casalanguida. There is -- you have some, I believe some revised language in front of you to address some revisions that have occurred since the last meeting. What we talked to -- regarding the Italian-American club parcel, we had talked to transportation staff and transportation staff didn't have any objections to the clubhouse itself being allowed to go forward at this time without the need for the improvements, because it's an already allowed use and an existing use on the property and would be serving the existing membership. It would be the new 34,000 square feet of office and bank facility that would -- as we drafted it would be not allowed to get a building pennit until the improvements started, the construction started on the improvements. It would not be allowed to get a CO. until the improvements were substantially complete. You have some language in front of you from staff that I think they were trying to get there on that But the -- it's on n and I hope we're reading from the same thing. This is what Mr. Schmidt just gave to me, Corby just gave to me. It's small Roman Numeral v. And I think it should end in: Clubhouse facility may be excepted from -- shall be excepted from Subsection B, period. Above, period, sorry. The rest of this language, ifit can be demonstrated with absolute certainty --I don't know how you demonstrate anything to absolute certainty. CHAIRMAN STRAIN: Richard, before you go too far, and I don't mean to distract you -- MR. YOV ANOVICH: Are you reading from something different? CHAIRMAN STRAIN: No, we've have to find -- everybody's got to be on the same page. And there's so much paper up here. Put it on the overhead what page you're using for a moment, and then we'll just try to match up to you. COMMISSIONER MURRAY: Page 3, I think. CHAIRMAN STRAIN: Well, it's Page 3 in the staff report that was handed out to us, but apparently he's got something that's -- what page of what is that? MR. YOV ANOVICH: Page 2 of Exhibit A -- 2 of Exhibit A. I guess it's the combined language that -- do you have this document? CHAIRMAN STRAIN: So far I haven't been able to find it Do you have one? COMMISSIONER MURRAY: It's the one with the red that Corby gave out earlier. COMMISSIONER CARON: I think it's what Corby gave us earlier. CHAIRMAN STRAIN: Oh, yeah. COMMISSIONER WOLFLEY: Oh, geez. MR. YOV ANOVICH: And what we're proposing is when you look at that B, I think we should end it at the clubhouse facility, and it should be shall be excepted from Subsection B. And that's the requirement that you -- we have to do the transportation-related improvements. Period. The rest of that language is I don't know how you prove anything to an absolute certainty. CHAIRMAN STRAIN: I saw that too when it was passed out I don't know either, but -- MR. YOV ANOVICH: So I was n I'm a little -- you know, I don't know that that exists in life. So I'm hoping that we can stop that at that point, since it's -- the Italian-American Club's been around for a long time and it's to serve its members and -- this compo plan amendment frankly isn't even related to that use, since it's an already allowed conditional use under the current Comprehensive Plan designation. Page 31 1 6 (7 A J, Sept6mber Ifflo08 CHAIRMAN STRAIN: Well, if you were to drop the words absolute certainty, wouldn't that still serve the purpose? Demonstrated with. So just say demonstrated that the transportation impacts of the facility do not require. Mr. Schmidt, do you agree with that? Mr. Corby? Corby Schmidt. MR. SCHMIDT: Yes, Mr. Chairman. Just deleting those three words: With absolute certainty. CHAIRMAN STRAIN: Any problem with -- MR. SCHMIDT: Corby Schmidt. CHAIRMAN STRAIN: Any problem with the word shall in use of -- in lieu of may? (No response.) CHAIRMAN STRAIN: In the fIrst line, the clubhouse facility shall be excepted instead of may be excepted. That's what he's asking. MR. SCHMIDT: Agreed. CHAIRMAN STRAIN: Thank you. Richard, go ahead. MR. YOV ANOVICH: I think that was it from my property owner's perspective. I know you had some questions that you raised regarding the study to support the other parcel, as far as the market study. But I don't think from the Italian-American Club's perspective that it was a -- oh, I'm sony, there's one more page. It's -- do they have this page as well, Corby? MR. SCHMIDT: They do. MR. YOV ANOVICH: Do you want to put that up there" The last page ofthe handout there's a provision that's added to allow an individual property owner to go forth and build all of the improvements. We want a provision that says, for instance, ifthe Italian-American Club builds all the improvements, the remaining property owners that need those improvements will be required to reimburse us. And that's what that paragraph's intended to say. So we're just asking for that assurance to be -- we would like the option to be -- instead of having the county build them, we would like the ability to do it if we need to and then get reimbursed as people come through the development process to the County. If they go through a rezone or they come with an SDP or a plat, the county will say okay, your proportionate share of that is "X" dollars, it's a condition of getting your plat that you pay that money back to whoever built the facilities. CHAIRMAN STRAIN: Ms. Caron, then Mr. Murray. COMMISSIONER CARON: So just to the County Attorney, that it is okay for us to stipulate something like that? CHAIRMAN STRAIN: Mr. Klatzkow, I'd assume that if we were, we'd have to put some caveat in there that it would be to the extent collected by the county. COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: We wouldn't be on the hook for something that we didn't-- MR. YOV ANOVICH: No, we're not asking you to pay it, we're just asking you to say to the person who comes in with their SDP, you don't pass go unless you pay your fair share. COMMISSIONER CARON: Understood the intent-- CHAIRMAN STRAIN: Is that government enforcing a private debt? MR. KLA TZKOW: I'm not sure I'm comfortable with this. CHAIRMAN STRAIN: Well, we've got a lot of other things to discuss, so maybe you could take a look at that while we move on with the rest of the issues, and then go from there. Mr. Murray? Oh, I'm sorry, Ms. Caron wasn!t fmished. COMMISSIONER CARON: I was just going to say, I think the intent is obviously correct. I'm just not sure we can do that. So I'm happy that the attorney's going to look at it. Thank you. CHAIRMAN STRAIN: Mr. Murray? COMM1SSIONER MURRA Y: And after you pass go on that one, you're talking about the dollars, today's dollars or the dollars applicable at that point in time? MR YOV ANOVICH: If we build the improvements, and I think it's estimated right around a million-two, if we spend a million-two on the actual construction and our share is -- COMMISSIONER MURRAY: Okay, I understand that-- MR YOV ANOVICH: -- whatever it is, they pay for what they should have paid. We just don't think that it's fair to someone else to get a free ride. COMMISSIONER MURRAY: I agree. Page 32 16 J 1 Septem~ 18,~08 CHAIRMAN STRAIN: Mr. Wolfley? COMMISSIONER WOLFLEY: No, I'm going to let it sit, never mind. CHAIRMAN STRAIN: Okay. Those are the changes that have been given to us today, and they're in red. We also had a package that was sent out to us by staff, and it's several pages. Actually, there's another couple of pages attached to it from applicant's representatives. We may want to turn to that, if everybody can find the right one. It's titled Supplemental Staff Report. And this one was a combination supplemental report for 2006-7 and 2006-8. It was in a packet sent out by compo planning early last week. So if we're all on the same page, what I'd like to do is take a look at that package and see ifthere's any questions from the planning commission from within that supplemental report, or for that matter the prior report, if there's still something not answered. And as a housekeeping matter, David, on Page 2 of that report, paren. six, there's an italicized note at the bottom that says, as it now appears as part of the supplemental materials provided to you for your September 8th adoption hearing. I'm not -- can you identifY what -- where it is, because -- I'm on Page 2, parenthetical six, the italicized part towards the last line. It appears there should have been a supplemental material outlining the staff and transportation staff analysis. And I may be looking for more than what we got, and we may have gotten just a paragraph to supplement it, but u MR. SCHMIDT: Actually, you may have received more than you had been looking for. But it is everything, including the plastic pouches with additional site platted map, the traffic study that was done since your last hearing and provided as part of that intersection improvement plan to the transportation director and accepted by him during the last days. And again working backward from those plastic pouches to the point where we reach the new Exhibit A maps, that is the documentation being referred to in paragraph six. CHAIRMAN STRAIN: Okay. And did transportation department sign off on it then basically? Is that what Nick's going to come up and tell us for the record? Because that was one of the remaining items that we had discussed from last time. MR. CASALANGUIDA: For the record, Nick Casalanguida. I'd like to walk you through it and explain it to you, if I could, if you don't u CHAIRMAN STRAIN: Sure. MR. CASALANGUIDA: -- mind. Okay. What we had done is work with them with the limitations of right-of-way. They can't acquire right to do a project The Italian-American Club at the southwest comer has offered to donate right-of-way to accommodate that project So we said what can we do with the right-of-way that we have? Let's do the traffic analysis, provide it as an exhibit in costs. They've done that. They've agreed to modifY the southbound turn lane on Airport Road and provide a turn lane pocket U-turn prior to that That will eliminate a lot of the traffic issues southbound. East u thanks, Rich. I know that, thanks. It's good to have a coach behind you. Eastbound we added an additional left turn lane, but we didn't close that median to that entrance that's over there because this project hasn't been publicly vetted. And that's been an issue how we've received through e-mails, that this should be a public project, the neighbors should have the opportunity to talk about what's going to be constructed and how it impacts them as well too. Westbound they add an additional left turn lane as welL The problem on the west side ofthe intersection is you're limited by right-of-way and you have to merge the traffic coming eastbound soon, sooner than you'd want to. So that movement gets penalized a little bit. So what we asked Me. Price to do, as their consultant, is to do the intersection analysis as if nothing happens, and existing projects would move forward. And it's a mess. You know, Ws a county issue, background traffic, something we'd have to put in our capital plan at some point in time. Then we had them analyze it with all the projects potentially come in and with these improvements. And there was a vast improvement. Now, the overall intersection level of service is E. It's acceptable. You do have those failing left turn movements because they're restricted by right-of-way. So if we publicly vet this, one ofthe comments that may come up is make it a county project, buy a little bit of right-of-way that you need on the north side and expand that merge lane to the east. And that may be the right thing to do. But they've done the max they can do with the existing right-of-way and the right-of-way that they controL And it's a vast improvement from what was there before. So the issue about collecting money, rm not comfortable with that, because we've ran through this before a little bit with Naples Nissan. And I suggested some language yesterday and we were trying to get it coordinated in time for the meeting. Page 33 ...- 16 11 A h September 18, 2008 I don't care who builds it, whether it's the county or them. Someone has to build it before they get their final CO. If they want to build it in advance of the county, there needs to be a private agreement between them and the people around them to do that, because I don't think we're in a position that we collect that money, similar to what we've done with Naples Nissan. And the project needs to be publicly bid and publicly vetted. And that's to cover for the people in the area. So I'm satisfied that what they provided is an overall vast improvement to what's there and, you know, greatly accommodates their project traffic, but it has to go through public process. So what you see on these plans could change and the dollars could change. CHAIRMAN STRAIN: Well, the objective was to meet the intention of what they told us they would do before -- MR. CASALANGUIDA: They did-- CHAIRMAN STRAIN: -- which was to provide. And that's -- if you're satisfied with that, that meets that intent during the transmittal phase, or at least it should. The other thing you brought up is you're not satisfied with the language that's been presented to us that's on the board right now. Is there language that works? MR. CASALANGUIDA: I think that last paragraph that we talked about is. In prior they talked about that they wouldn't get any Certificates of Occupancy prior to construction. As far as who builds it, I think we can say the county can build it or they can build it, but in no case will CO.'s be issued Wltil the project's substantially complete. CHAIRMAN STRAIN: Okay. We need language. If we're going to move something forward from this board, it's got to have to have language that's been more or less reviewed. MR. CASALANGUIDA: I think you could take out that last paragraph, because in the prior paragraphs it says that they don't get to move forward until the project's done. CHAIRMAN STRAIN: Well, the project being done, meaning they can start -- they have to start construction before the first building permit and complete before CO. MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: Now, Naples Nissan. I keep bringing it up because that was a real bad deal. MR. CASALANGUIDA: Right. CHAIRMAN STRAIN: Can that happen here? MR. CASALANGUIDA: No. In the sense that with Naples Nissan, the issue was it wasn't publicly vetted or publicly bid. But we can require that as part ofthis. I think that was the big issue with Naples Nissan. CHAIRMAN STRAIN: Okay. And the language to require that public vetting is? MR. CASALANGUIDA: ] think we can add a paragraph that this project will be put through the public involvement process. The intersection improvement will be put through the public involvement process, whether it's done privately or publicly, and that project will be openly bid. CHAIRMAN STRAIN: Okay, again, we're here today to move this out ofhere. We've been -- this is the second or third meeting on the same scheduled GMP amendment. And I know everybody's got their problems about the amount of review. We've got to get this done today. So someone needs to write the language, put it on the screen for approval and the board can take action on it when we get to that point. MR. YOV ANOVICH: Me Strain, what this says, and maybe you need to say -- maybe we need to add the following. I think it should say, in addition a property owner may construct intersection improvements in accordance with the approved intersection plans and pursuant to an agreement -- and pursuant to a developer contribution agreement with Collier COW1ty. Nick will then, when we come forward with a developer contribution agreement, insert all the specifics regarding the bidding process. I don't think you want to get all those specifics into the Comprehensive Plan. I don't think we need that. But I think if we were to just say, you know, pursuant to -- you know, we'll do this pursuant to a developer contribution agreement between the property owner and the county, then that would cover it. And then-- MR. CASALANGUIDA: The issue is about the plans. The plans have been reviewed by us but they haven't been publicly vetted. So when you say pursuant to the plans that have been provided, subject to public comment and approval. CHAIRMAN STRAIN: Well, okay, let me try it again: In addition, the property owner may construct intersection improvements in accordance with the approved intersection improvements plan and per a DCA with Collier County that is reviewed by both the Board of County Commissioners and the Collier County Planning Commission. Now, does that get you your public process by coming to us for the DCA? MR. CASALANGUIDA: Sure. CHAIRMAN STRAIN: And I think that from a board's perspective, if we had a chance to make sure it matches up, it would help the BCC move it forward as well. Page 34 16 I it' A ~e~ember 18,408 MR CASALANGUIDA: That's fme. That would work. CHAIRMAN STRAIN: Okay. Does that work with everybody here? COMMISSIONER MURRAY: Sounds good. CHAIRMAN STRAIN: Okay. So Corby, you understand the language" MR SCHMIDT: I do. But the language requiring the DCA is already in place, so I have another suggestion, and I'll put it up on screen. CHAIRMAN STRAIN: Okay. Mr. Klatzkow, this will probably eliminate the need for you to comment on this whole process, so just to give-- MR KLA TZKOW: I don't know about that MR SCHMIDT: You'll see on screen staffs handwriting. We've already removed a clause or a phrase from the middle of this provision so it doesn't imply a partial job or partial work being done. And that is, and contribute a proportionate share of the cost of the remaining improvements. Already agreed to strike that between staff and the petitioners. CHAIRMAN STRAIN: But see, Corby, leaving that last portion in provides an ambiguity for the county in order to monitor in how it's reimbursed and collected, to the extent it's reimbursed and collected. And then when you say proper public involvement process, it could be a lot of people would assume that maybe by just going to one public meeting it's not as proper as ifit went to multiple public meetings for review. So I don't -- I think that language is more flexible than what the applicant already acknowledged wouldn't be a problem from their particular viewpoint. MR. SCHMIDT: All right, we'll work on that CHAIRMAN STRAIN: Okay. Well, the reason that I'm asking is I'd like to get -- we need to get these things resolved. Otherwise we're just going to keep beating it around for no reason, so -- well, let's move on to the next thing while you're looking at that, Corby. On Page 3 of this staff report, the supplemental report, the second paragraph, fourth line from the bottom starts with the word, compatibility. Then the sentence that starts on that line says, any senior housing facility is not subject to the square footage limitation but must meet all other provisions of the Collier County Land Development Code. What are those other provisions that it would meet as far as square footage limitation? Does anybody know" MR. YOV ANOVICH: I think as you -- senior housing is based on a floor area ratio, not square footage. CHAIRMAN STRAIN: But is it in the-- MR YOV ANOVICH: It's in the Land Development Code. There's the floor area ratio for -- right now it's at.45 in the Land Development Code. There's not a square footage associated with that CHAIRMAN STRAIN: No, I'm fine with the FAR. I know that we are very limited in the amount ofreferences we have on our LDC to FAR. But if you're confirmed and that's on record that we have a limitation in the LDC for an FAR for the senior housing facility, which I assume then would be considered a congregate living facility or an ACLF-type facility that's comparable? MR. SCHMIDT: It is. They are. CHAIRMAN STRAIN: Okay. Then I'm not sure how we describe it in the LDC. And if we describe it as an ACLF, as long as this falls under that umbrella, then I think the problem is resolved. MR SCHMIDT: It does, and I agree. CHAIRMAN STRAIN: Okay. Anybody have any other questions with the supplemental staff report? (No response.) CHAIRMAN STRAIN: We have some writing that was received from Hole-Montes in regards to this project It was also in our packet It was -- followed the supplemental staff report The only part of it that -- there was a subsection that was added to the back of the very last page of that, the second page of the applicant's information. It said: However, the construction of20,000 square-foot clubhouse does not require the construction or the initiation of Orange Blossom Drive/Airport Road intersection improvements. Now, Corby, that issue you took up in the prior language that we just reviewed and modified; is that correct? MR SCHMIDT: That is correct And you'll see that as part of Parcel One, Subsection "v". CHAIRMAN STRAIN: Okay. The supplemental staff report is reviewing both Petition CP-2006-7 and CP-2006-8. When we opened the meeting up, we only did so for 7. I know you want us to look at this jointly, so in that regard why don't we clean it up and we'll open up 2006-8 as well for concurrent discussion. Is anybody -- those wishing to testifY on hehalf of 2006-8, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) Page 35 ;'~ 4~, !~ !w} '1l Ji ",!,,:, A 4 September 18, 2008 CHAIRMAN STRAIN: Are there any disclosures different for 8 than there were for 7 from the planning commission? (No response.) CHAIRMAN STRAIN: Okay, so now with that, the supplemental staff report was written for both, so I'm assuming the questions anyone may have had with that would have been discussed. And we also got a separate response from Fishkind and Associates to our request last time in trying to explain why they used a 2.0 as a basis for their commercial analysis. Are there any questions involving 2006-8 from the planning commission? COMMISSIONER MURRAY: You mean we're talking about the Fishkind document yet or what? CHAIRMAN STRAIN: We're talking about 2006-8, and the Fishkind document was written in response to 2006-8. So yeah, you can ask about that one, certainly. COMMISSIONER MURRAY: Because I don't want to jump the gun, but I just want to -- maybe I'll make a comment and maybe it will generate some conversation. But I've read this over and I just don't think that it properly answers the questions that were posed. CHAIRMAN STRAIN: I think your microphone, could you pull it a little closer to you. COMMISSIONER MURRAY: Oh, I'm sorry, I apologize. What I was -- I'll make a comment that I think that the -- well intended though it may be, I don't think that it really helps -- I think it's the intent just to clarifY, I don't think it completely does what we expected. And my point, I made a question to myself, how valid is this explanation in the current implosion that we're going through? There are too many variables, as I understood this. Now, I'm not trying to be critical of it. I understand it's intending to help us. But I just don't feel comfortable that it does the job that we intended that it should. I hope that Russell will be able to come up and qualifY it further. General comment. MR. WEYER: Good morning, Commissioners. For the record, Russ Weyer from Fishkind and Associates. Mr. Murray, I kind of don't understand what your d COMMISSIONER MURRAY: I know. I was too vague and I apologize, but this is rather lengthy -- MR. WEYER: I understand. COMMISSIONER MURRAY: d and you don't have it paginated, so I can't call your attention to a page. But for instance, there's a lot of variables in here. We then use a variety of models for retail demand. Then you say, it is at this point in the analysis that caused an anomaly. And then you finally top it offby indicating that the staff have required you to do such and such and so and so. So while it's a whole lot of information, and I know that you d it's not mathematics, I understand that. Mathematics are applicable, but it's not mathematics. But I'm not sure that we can -- I don't get out of it the 2.0. I know you can arrive at that number, but I don't get at it. MR. WEYER: Let me give you a little bit of an explanation because-- COMMISSIONER MURRAY: I apologize. MR. WEYER: No, no, no, no problem. And I know Commissioner Strain had mentioned, you know, in that last meeting where we talked about New York and Atlanta and those kind of places, understanding when we're looking out long-term to 2030, we're looking out 20 years. In a case like that when we're required to do the analysis, we also have to take into account all those lands which are (sic) not at the moment have any designation or zoning on them in terms of commercial. But they do have commercial overlay. We are required to count them in terms of potential supply. So when you do that, what happens -- you'll never approve anything, if you will, because we have to take a look at that. Let's say we do -- under commercial we have different uses. And let's say we're looking specifically at an office. All those lands have to be considered office. Well, that in reality is not going to happen when we build out, right? Retail the same way. So what happens is, when we do the analysis and that land hasn't been zoned yet and still has the overlay on it, when we do a commercial office, it would have to be considered office. If we do commercial retail, it would have to be considered commercial retail. Consequently, as you get closer to 2030, your allocations are going to get closer to one, as in the case here of this office. If you looked at the Karate (phonetic) Airport piece, it was .99, which is close to one. And that's because you're closer to build-out, if you will, because those parcels are taken down. And let's assume, for instance, if we were looking -- in this case there were 117 parcels that have the potential of being office, retail, whatever. As you go forward and those become -- and the supply -- or the demand comes along and we turn it to -- it turns into supply and people are coming forward to you to get that approved, ultimately we will get down to near the end in 2030, Page 36 16flA 4 September 18, 2008 let's say for instance, and your allocations, the demand is going to force those to be certain types of supply in terms of office or retaiL So then they're defined at that point. That's why you're going to get closer to an allocation of one. But when you're looking out that far right now, it's really not determinable. Let me give you another good example. We had to do a needs analysis also for a place out in Golden Gate, the City of Golden Gate. And the City of Golden Gate has an overlay on it for commercial uses. And right along Golden Gate Parkway there right now are residential units, which in turn have to be considered commercial when we do our analysis. Well, who knows if -- are they going to stay residential? Are they going to be torn down and become commercial? When they get torn down and become commercial, what types of commercial are they going to be? Consequently, that's why we like to keep that allocation ratio at two. And as I had mentioned, we've submitted this around the state for other needs or compo plan changes, and the DCA has accepted between 1.8 and 2.4 going forward. But as you get closer that build-out, it's going to get closer to one. COMMISSIONER MURRAY: I understand all of the components. The thing that I guess tripped me up in this regard was the one statement that you made is that staff was requiring you to treat lands a certain way. And I wondered ifthat in some respect changed the way your analysis might have come out had you not been restricted. MR. WEYER: In that case it probably would, because then you wouldn't have to wony about an allocation ratio at that point. If you kept those lands out of it and actually looked at the true supply demand and what's been zoned and you look at the population going forward from that point of view, that is correct. And not just here in Collier County, but in other jurisdictions the same thing happens. COMMISSIONER MURRAY: A commercial project is -- what's the useful life on a commercial project, 30, 50 years? Do we know? MR. WEYER: It all varies with location, it all varies with its actual use. You know, we've seen -- a lot of them when you say commercial life, you mean are they going to change? They do. COMMISSIONER MURRAY: No, I mean their improvement. The improvement's life. The useful life of the -- MR. WEYER: Yeah, before they really do any changes to it? Probably 15,20 years before they do a makeover or tear it down and do something different. COMMISSIONER MURRAY: 15 to 207 MR. WEYER: Uh-huh. COMMISSIONER MURRAY: Wow, I thought it was longer. MR. WEYER: All depends again on the use, and how often it is used. CHAIRMAN STRAIN: We're on 2007 and 2008 as ajoint application. Any other questions? (No response.) CHAIRMAN STRAIN: Russ, when I brought this up as a question, I simply asked, show me where the 2.0 is in a textual reference from a docwnented source. You haven't provided that. Why? I mean, I read your analysis, I heard your answer to Mr. Murray. MR. WEYER: Yes, sir. CHAIRMAN STRAIN: I mean, from what I read in your analysis, and it says Fishkind believes that to ensure proper flexibility in a Comprehensive Plan a commercial allocation ratio in the range of2.0 is necessary. It doesn't show me the ULl or any other known growth patterned facility recommends 2.0 for a municipality such as ours. That's the docwnentation I was looking for. I wasn't looking for what a paid expert for the applicant wants to tell us, because they're going to tell us what gets their success. And I don't really believe that's what I need for my analysis of this. Do you have anything that gives me something other than what your firm believes? MR. WEYER: Mr. Strain, I don't have that with me, but I will get you information for that. That is correct. And I apologize for that. CHAIRMAN STRAIN: Okay. David, this one had come before us in transmittaL Was this the one that had a different amount of square footage than currently being requested? MR. WEEKS: That's correct. CHAIRMAN STRAIN: What was the other square footage; do you recall? MR. NADEAU: Mr. Chairman, Planning Commissioners, for the record, Dwight Nadeau, RW A. The original application request came in for 50,000 square feet of commercial and retail. It was subsequently dropped to 12,000 square feet of professional medical offices in combination with a fairly certain assisted living developer purchasing four acres of the property. Subsequently that contract was not maintained, and so we then reapproached the petition such that there would be 40,000 square feet of limited professional and commercial offices, no retail. Page 37 1 6 JsJ,tem~r 18~008 CHAIRMAN STRAIN: Okay. So you originally came in with 50,000, modified that to 12,000 with an ACLF, or whatever the acronym wants to be used today, and that fell apart between transmittal and adoption. You've come back on adoption for 40,000 square feet. MR. NADEAU: That is accurate. CHAIRMAN STRAIN: Okay. Thank you, sir. Oh, Ms. Caron? COMMISSIONER CARON: But ALF is still in there. MR. NADEAU: The opportunity for the ALF is still in there. COMMISSIONER CARON: That would be 40,000 plus ALF, the way it reads now. MR. NADEAU: It could be, yes. But we also have the transportation concurrency limitations as well. CHAIRMAN STRAIN: Thank you. I have a question of staff. Corby, it takes a long time to process a GMP amendment. And I'm not saying that's wrong, because it has to go through a lot of review by your department. And from my reading of your department, you guys have been pretty strict in the way you review these things. We're now into a third rendition of this project from the time it was originally put through for you. I'd like to know why it's still retained in its current body, since it's changed so much from the original submittal, and how you have maintained your position on it over those different courses of action. Because right now the basis that I thought was coming forward was this 2.0 factor. That seemed to be a big issue as a basis for the analysis that was provided to you. But now welre fmding out there's no basis for the 2.0, at least one hasn't been presented to date, other than the applicant's expert feels that way, as I assume many experts feel. So now rm concerned as to what your basis was and how you got to where you are today. MR. SCHMIDT: It may take some time to explain that. During the transmittal hearings and with that initial application, staff looked at two very different market studies. Upon the recommendation from yourselves and from the county board, new studies were prepared for the new mixture of land uses that omitted the commercial uses. And they also included, those market studies, new fonnulas or new methods. One of them, and that's the Fishkind method, included the one you've been questioning, the one you've asked for more information and explanation from. The opportunity that staff had post-transmittal to look at two new studies together, simply because the two sub-districts were neighboring and being proposed at the same time, allowed us to use information from both market studies to come to and draw our conclusions. The results may not have been the same if we were looking at only one or only the other at different times, or if they were in different places. So we took that combination of market studies to come up with our conclusions and our recommendations to you. CHAIRMAN STRAIN: So even if an applicant under a particular piece of property doesn't make his case as clearly as he needs to from your department's perspective, if you have files full ofrelated infonnation from somewhere else nearby, you can utilize that at the times you want to utilize it to then use that to apply to an analysis to his property to give him a favorable reading? MR. SCHMIDT: I would not characterize it that way. I have not been around long enough to have that opportunity, nor do I know that that has been staff practice at all. Where we've drawn from previous studies, we may have drawn from previous experiences and knowing what to look for in market studies. And there are some staff and administrative standards along that line. But here because they were companion items, we did take that opportunity. CHAIRMAN STRAIN: Okay. I'm still not convinced that the 40,000 with the ACLF is the right mix, and that's where my concern is. So I wanted to make sure I understood where your process was coming from in order to get there. Ms. Caron? COMMISSIONER CARON: Yeah, I'd like to go back to that a little bit as well. Originally when this first came to us, it came with a recommendation from your office to deny, based on a market needs analysis that you all had done for us in the county. MR. SCHMIDT: Well, it was staffs or our review of those materials, yes. COMMISSIONER CARON: Right. So now that you're looking at these two paid studies, what makes you think that they're the right answer and your answer initially was the wrong answer? MR. SCHMIDT: I'm sorry, a number of factors came into play to come up with a different recommendation, including the intensity of the uses and the impact on the transportation system, how that market study, along with the transportation studies, Page 38 16 I 1 Ii September 4 18,2008 worked at that location. The demand could not be shown for more commercial space at this -- or at these locations in those first studies. But the study areas and the demand for more office and services uses completely -- truly a different kind of study, could be shown by the more recent studies. And I think that was a prime difference between the two. COMMISSIONER CARON: Okay. CHAIRMAN STRAIN: Are there any other questions involving the 2007 -- I mean, the 2006-7 or 2006-8 GMP adoption amendments? (No response.) CHAIRMAN STRAIN: Corby, did you fmish the language in that last paragraph that we previously talked about? MR. SCHMIDT: Nick was unavailable and we'll still be working on that CHAIRMAN STRAIN: Only reason is, that's got to get resolved in order to move forward. MR. YOV ANOVICH: I spoke to the County Attorney, and here's what we're suggesting. Do you have a clean version? Ignore my chicken -- ignore the chicken scratch, because I didn't realize that it was covered later. What we're suggesting is this provision would read as follows: An Orange Blossom Drive/Airport Road intersection improvements plan sufficient to accommodate the project traffic and overall levels of service through intersection design must be approved prior to any development order approvaL Period. Delete the other language that dealt with the DCA, because that required -- in a DCA that would require a pro rata share from everybody in the area. And then have the condition that says, construction per the approved Orange Blossom Drive/Airport Road Intersection improvements plan must commence prior to issuance of a building permit for improvements on a parcel and be completed prior to the issuance of any Certificate of Occupancy. So the plans have got to be -- either the county's going to build them or we'll enter an agreement with the county to where we build them, the details of which don't need to be in the compo plan. The condition that they be there is in the compo plan, but how we don't think needs to be in the compo plan. And then the other revision I made regarding the clubhouse being exempted from this Section B, with the revisions that we made prior that everybody agreed to would stay in place. CHAIRMAN STRAIN: Mr. Murray? MR. YOV ANOVICH: And then you wouldn't need that last page that we talked about COMMISSIONER MURRAY: If I recall correctly, though, I think David Weeks indicated that there was something in the ORC report where because it's a subdistrict, a unique thing that they wanted -- MR. YOV ANOVICH: They wanted us to say how we were going to address, and that's how we would be addressing it We would prohibit any building permits prior to the plans being under construction. COMMISSIONER MURRAY: I don't have a problem with the language you just cited, I'm just --I have a recollection of that. So maybe I'm asking David really what -- am J accurate in that statement? First of all, that the ORC report that related that, that they want it because it was a subdistrict special, that they wanted it more clearly defined in the compo plan -- in the compo amendment? MR. YOV ANOVICH: I think we've done that through the reference to having this construction plan. COMMISSIONER MURRAY: And you may very well be right All I'm just looking to do is be sure so that we don't have a second guess later. MR. WEEKS: David Weeks of the Comprehensive Planning Department The specific objection from the Department of Community Affairs was indicating that there needed to be data and analysis to demonstrate that the -- that with these amendments the adopted level of service standard for the transportation concurrency management area that these projects were located within would be achieved and maintained. So their objection was -- had to do with the data and analysis. COMMISSIONER MURRAY: Okay, I was in error then. Okay, thank you. CHAIRMAN STRAIN: Okay, so where we're at with the -- and by the way, Corby, are we -- when we're discussing this language, we have it broken down to parcels one and two on the second page. The first page is general to both if it's looked at jointly; is that correct? MR. SCHMIDT: It is. CHAIRMAN STRAIN: Okay. So under the joint page, the changes would be striking of that language as indicated on the overhead right now. Is that in agreement with your department? MR. SCHMIDT: It is. Where we leave off with development order approval and pick up again with construction per the approved. Page 39 16 I f' J.\ 4 September 18, 2008 CHAIRMAN STRAIN: Right. Then in conjunction with the general statement, is that last page now dropping -- that Subsection B red area that we questioned earlier, is that now sufficient to be dropped? Is the language in the fIrst part sufficient to cause the last part to be dropped? MR. SCHMIDT: Fully removed, yes. CHAIRMAN STRAIN: How are you protecting the full public vetting that Nick was so wanting to make sure the public had that right in regards to these intersection and road improvements? MR. SCHMIDT: That discussion took place with Mr. Y ovanovich -- MR. YOV ANOVICH: The way you would be protecting, Mr. Strain, is if the county builds the road. They obviously have their requirements for going through the design and permitting process, which is a public process. Ifwe build the road, we'll have to go through the development agreement process with the county where Nick will require that we go through their -- basically their same process for the design and the construction. And you will fmd that in the developer contribution agreement if we go forward to build the road. But the public's protected because we can't go forward without the improvements being under construction. CHAIRMAN STRAIN: Okay, but Nick, when he came up here, was very pointed stating that the public -- and he repeated it many times, the public is protected through the public process afforded by what I thought was the DCA. But that seems not to be the issue here. You're taking the DCA off the table. It can be done more administratively. MR. YOV ANOVICH: No, it would be -- remember, a DCA always has to go to the Board of County Commissioners. So it will either be done by the county through their normal public process of -- if they build it -- if they design and build it, there's a public process the county follows, right" CHAIRMAN STRAIN: It's not a voting process in front of a board, it's strictly the staff says here's what we're going to do, do you like it or not. There's no way really to override it if the public doesn't dislike it. Is there a voting process where the public has input? The outcome can be decided upon by a board other than transportation administration. Because the DCA provides that process. MR. YOV ANOVICH: Well, so does the -- the Board of County Commissioners has got to select a design professional and then they got to approve the construction plans to bid it. CHAIRMAN STRAIN: It's almost after the fact though. Nick? MR. CASALANGUIDA: It's a challenge. When yon go through a 30, 60, 90 process for a public roadway project, if, you know, a person has a complaint, they vet it to their local commissioner. It goes up the food chain and we document it, there's a process that goes through. But it's not a voting process where one side ofthe street says I want a turn lane, one side says I don't. Concerns are brought up, they're documented and recorded. If it wants to go up the chain, it goes to the county manager, it goes to the commissioners and it's brought back through us to say, why are you building this and what are you doing, and we explain ourselves. And if they want, they can make it a public petition to the board. But the idea is that you present the improvement plans to the community. They come out and say, what about this, we think this is an issue. And our designers go, well let's look at that. We have to respond to them in writing. So it's not just the private side doing a set of plans going out to build it without anybody having a chance to look at it. That's my only concern. CHAIRMAN STRAIN: The process that you were espousing to us earlier about public vetting of it so the neighborhoods could participate, is that process protected in the strikethroughs and language we're looking at here? MR. CASALANGUIDA: If, if -- this is the one right here? CHAIRMAN STRAIN: Yes. You guys need to talk on the record. She's going to have to write down your -- MR. CASALANGUIDA: Commissioner, if they can't get a permit to submit this project, get a CO., my only concerns is that -- there's nothing that clarifies who does the project on this. ['mjust saying, if there's no language that who'd do this project, then they would have to present something to the county. So there would be some follow up at that point in time. CHAIRMAN STRAIN: Nick, can you come up with some language that works for your department? MR. CASALANGUIDA: What I suggested last time would be that this capital project, this intersection improvement will be publicly vetted and publicly bid, period. CHAIRMAN STRAIN: What do you mean publicly vetted and publicly bid? Let's go -- what's publicly vetted in your mind? MR. CASALANGUIDA: There'll be a public involvement plan that goes with this. We'd have a public meeting that's advertised, a publicly advertised meeting for the intersection improvement. CHAIRMAN STRAIN: And that needs to be added to here then? MR. CASALANGUIDA: I think it should be added to there. Page 40 ;; /j 4 I ~.:..: ' I September 18, 2008 CHAIRMAN STRAIN: Okay. That's where I'm trying to go, is to get to a point where we can fmd out what needs to be added to get to the conclusion you -- MR. CASALANGUIDA: There will be a publicly advertised meeting prior to the commencement of the -- prior to the approval ofthe design plans. COMMISSIONER MURRAY: Public comment as well? That's the-- CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: -- 30, 60, 90-- MR. CASALANGUIDA: Well, you wouldn't 30, 60, 90 -- CHAIRMAN STRAIN: You need the microphone. COMMISSIONER MURRAY: Yeah, sorry. That's the 30, 60 -- whatever the number is, the percentage is, that's the design phase. MR. CASALANGUIDA: For an intersection plan you typically wouldn't do a 30, 60, 90. You'd have one public meeting for an intersection -- COMMISSIONER MURRAY: Only one. Okay, I didn't realize that. But you still accomplish essentially the same thing. MR. CASALANGUIDA: Same thing. Because it's a smaller project, you wouldn't go through that many machinations. CHAIRMAN STRAIN: Okay. So there would be a publicly advertised meeting prior to design stage. And that gets your deparbnent the input you need through the public process. MR. CASALANGUIDA: That's correct. CHAIRMAN STRAIN: Okay. So that would be added to that paragraph. MR. CASALANGUIDA: And the next sentence would be the project would be publicly bid. CHAIRMAN STRAIN: Well, doesn't it have to be? MR. CASALANGUIDA: Well, if they do it, if they decide to take on the project, I want to make sure it goes through the public bidding process. MR. YOV ANOVICH: In the compo plan? MR. CASALANGUIDA: If you don't want it there, that's-- MR. YOV ANOVICH: I mean, that's the kind of minutia that, you know, who knows what can be in the future as far as the bidding laws that mayor may not require public bidding if the private sector builds it. I'd hate to hamstring the private sector. MR. CASALANGUIDA: He's got a good point. CHAIRMAN STRAIN: Okay. So you're backing off then? MR. CASALANGUIDA: Yeah, that's fine. As long as it's a public involvement process. CHAIRMAN STRAIN: Okay, Corby are you clear now on the language that needs to be changed in that paragraph? MR. SCHMIDT: We believe so. And if you'd like us to go over them individually through the five pages, or four. CHAIRMAN STRAIN: Well, I can do it. Let me just run through it then. On B, we're going to accept the strikethrough and add the publicly advertised meeting prior to design stage, a sentence in there indicating that. On parcel one, you're going to change the word may to shall in the red in the middle of the page and take with absolute certainty out. MR. SCHMIDT: Yes. CHAIRMAN STRAIN: The rest of the strikethroughs would be assumably accepted. The last page would be dropped, which is all the red addition to Subsection B above. MR. SCHMIDT: That's how I have it. CHAIRMAN STRAIN: Okay. Now, with those changes in mind, we have two applications. We're being asked to combine those into one for adoption. Would that mean we vote on them together with our recommendations to corrections for both as were presented here, or we vote on them separately? Is there a preference by the legal department? MR. KLA TZKOW: If they want to combine them, combine them. If they want them separate, then vote separate. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: I think what we discussed is you would vote separately, and ifboth passed, the combined language would be adopted. Otherwise, we would have to deal with them separately -- the revisions would then be applied to the separate language. CHAIRMAN STRAIN: Okay, because they're two distinctly different processes here. So let's go with the first one. After this discussion and with the changes recommended to this document pertaining to 2006-7, is there a motion from this board, or discussion? Ms. Caron? Page 41 16 I S~te~ber H, 2008 COMMISSIONER CARON: Wait. You have public speakers. CHAIRMAN STRAIN: Oh, good point. Do we have -- MR WEEKS: Mr. Chainnan, we have three registered speakers. CHAIRMAN STRAIN: Good, maybe they can help us resolve this. MR. WEEKS: First is John Caffery, followed by John Garbo. CHAIRMAN STRAIN: I apologize for forgetting about you. MR. WEEKS: And your third speaker and last would be Tyler Day. MR. CAFFERY: Good morning, Commissioners. My name is John Caffery. And I want to thank Commissioner Strain for stressing the need for public participation. I'm a resident of Kay Lagoon Condominium, which is located on Orange Blossom Road, and president of the Condominium Association. With this proposed development, I'd like to recommend a right twn only exit on Orange Blossom Road. Across from the proposed, as far as I understand, exit/entrance is for this exit/entrance -- for this development is the Collier County exit/entrance, which is both right and left turns. Right now cars are nudging out into the road just to get out of the library. So to have two left/right exit/entrances opposite each other or in the similar area at this section of Orange Blossom Road I think will create a major traffic bottleneck. And it will pose, therefore, a serious traffic safety and congestion problem. And that's my comment, and thank you. CHAIRMAN STRAIN: Thank you. And let's follow up with that with Nick. Nick, the concern is about the right -- having a right turn only at Orange Blossom that's preferred. Is that an issue that-- at what stage would you be addressing that" MR. CASALANGUIDA: That would be at the design and public comment stage. Because a concern, when you start closing access points, that vehicle that makes a right who wants to go west has to go to the intersection and make a U-turn. So if it's not a four or six-lane facility. That's the kind of stuff that they provide a comment and then we go back and we do the research and we say if you do this, this is what happens, this is our recommendation. And that's why one comment shouldn't decide what intersection or access points should be like, it should go through the whole public process and design stage. CHAIRMAN STRAIN: Okay, hut the weight of this gentleman's concern, would it -- I mean, you would be able -- he would be able to provide his concerns at a public meeting and you all would take that into consideration and weigh it accordingly and then provide a response. MR. CASALANGUIDA: Absolutely. And we'd provide a response and we'd document why that was either meant to stay or why it should go away and we agree with him. CHAIRMAN STRAIN: Okay. And his reaction to that, ifit was negative, he then -- his next process would be to take it to his local commissioner? MR. CASALANGUIDA: And say I've, you know, got comments from transportation, I disagree with them, I'd like to get this thing looked at further. And then we'd further look at it, if that was the desire. CHAIRMAN STRAIN: Okay, thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Yes, sir. MR. GARBO: Good morning. John Garbo. I'm the president of the Orange Blossom Pine Ridge Community Alliance. Really speaking on the same issue. First, I'd like to say that our organization has no objections with both of the parcels being proposed. You know, growth is going to continue to happen and there's no issues there. The same issue that the previous speaker brought up is, is that right turn in and out. And understanding, having listened to this last time and this morning, maybe we're in afternoon now, that it will be a separate meeting, but I at least want to be on the record at this point saying that it is a real safety hazard there. And when we look at the most recent one that I've seen is the intersection of 41 and Vanderbilt, where they just closed off a very similar situation where you used to be able to come out of the fmancial institutions that are just south of Vanderbilt on the east side of the road, cross over, go north on 41, however you want to do it. Well now they've closed that off I'm sure because transportation assumed that it was a safety hazard. Because you had cars in the middle of the intersection, myself included. And many times, you know, with the drivers we have from different states, they don't always understand the best way to make those twns. I think here my biggest concern is, we have the public library. And who uses the public library? Lots of school children, moms in their vans with young children, our senior citizens. And then 1 look at the proposed usage for these two parcels. We Page 42 16 /"1 A J. September 18, 21108 could be having medical. Again, we'll probably have our senior citizens in there and again maybe, you know, moms with childrens (sic). And all of a sudden you have those two cars in that intersection with cars going east and west I think we have a real safety hazard. And I understand, even talking to the folks from the Italian-American Club, and fully agree that we're going to have to go up maybe to Airport and Orange Blossom and make a V-turn. Because that's what we have to do at all these intersections now. I don't necessarily agree with those either, but that's probably the easiest way, because at least we're doing it at a light when people are a little more cautious about wbo's making tbe turn left or rigbt versus being in that intersection, if left turns are allowed to go out of this parcel. So I appreciate everybody's diligence and hard work on all of tbese projects. Thank you. CHAIRMAN STRAIN: Thank you, sir. Next speaker, please. MR. WEEKS: Final speaker is Tyler Day. Mr. Chairman, I also want to bring to your attention that I distributed prior to the discussion commencing on these petitions an e-mail that staff received from Mr. Ed Kant He did speak at your August 29th hearing. He's a resident down to the west of this project. He's also a professional engineer. And his one-page e-mail is dated September the 15th of this year. It was sent to Corby Schmidt in our office. And copied on that were a few people, including Nick Casalanguida at the county and Bob Duane, who's the agent for the petition. I just wanted to put that on the record. CHAIRMAN STRAIN: Thank you, sir. Okay, sir, go ahead. MR. DAY: Thank you. My name is Tyler Day. I'm the former president of the master association at the Villages of Monterrey. I'm also a vice-president of the Orange Blossom Pine Ridge Community Alliance. And again, I'm reflecting the same concerns with regards to what John Garbo has said and the other gentleman, and also in the letter on Ed Kant. A right-in/right-out fonn of exit and entrance on the exit behind the Italian-American Club is greatly recommended. Not only would we have a major hazard trying to cross and go west meeting traffic that's coming out of the library, but as John said, you have elderly people coming out there, perhaps not the best drivers, the mothers with children, a number of people coming out in there. And if you look to Page 3 on the Exhibit A that you have here, the section that says -- it's Roman Nwneral II. It says, vehicle interconnection with parcel one is required, particularly to provide eastbound traffic direct egress onto Orange Blossom Drive. I'm not telling you what the language to put in there or the place where to make a comment, but that could be easily adjusted to particularly provide eastbound traffic a direct egress right in and right out only onto Orange Blossom Drive. Now, that's one way that this copy can be adjusted to address that And I agree with Mr. Strain, you're trying to get through this whole thing with the proper amount of copy and the proper corrections, but as those of us who have been here a second time to express our concerns regarding this, we are the public and we are the ones who are expressing a very deep concern. Part of the mission statement of the Orange Blossom Community Alliance is with the safety of Orange Blossom for not only our residents but anyone who travels east and west on that drive. So we would strongly urge you to find a way to include that in the language to help prevent major accidents at this intersection. Thank you for your time. CHAIRMAN STRAIN: Thank you, sir. Nick, I have a --I'm sorry to bother you again, but I've got another question. MR. CASALANGUIDA: Commissioner, it's never a bother. CHAIRMAN STRAIN: I hope your mother hears that She's always watching these shows. He tells me she's picking on me because I pick on him. But I don't think I am. MR. CASALANGUIDA: She'll pull you by your beard. CHAIRMAN STRAIN: That paragraph this gentleman just commented about, would it be inappropriate or difficult at this time to suggest the following: Vehicular interconnection on parcel one is required, particularly to only provide eastbound traffic direct egress onto Orange Blossom Drive. Now, what that does is in essence limits it to right out MR. CASALANGUIDA: I wouldn't want to limit anything until we have a public meeting. And one of the comments they mentioned was through traffic. I can put a directional pork chop in there so that no through traffic or left turns can come out, only left turns in can happen over there. So there's a bunch of different things you can Page 43 1 ~p:c2bcr~ 8, 2~8 do. So that until you have a public meeting, because there's going to be concerns from the library, concerns from the other neighbors. I guarantee you we will look at that. And if it's a safety concern, docwnented accidents or if a directional is required, we will do that. CHAIRMAN STRAIN: I just wanted to ask -- I want to understand, but I also have another question. But thank you for that. David, I guess, or Mr. Schmitt. This goes into a compo plan process. Asswning it's successful, that means the property then has the opportunity to be rezoned for the elements that are approved in the compo plan process. The rezoning process is another public process, most likely, because it would have to be a PUD. Straight zoning on these properties is probably impossible. If they go into a rezone process of any type, that's multiple public hearings. Then after that they have to go through SDP review, in which time the traffic issues kick in and there's multiple times there to review this. Is that a fair statement? MR. SCHMITT: All correct. MR. WEEKS: All correct. CHAIRMAN STRAIN: Okay. And in the past, the comprehensive stage has really been conceptuaL And we've basically looked at parcels of property for conceptual zoning ability, but then minutia, the detail, the nuts and bolts that are most important and that the people are concerned about, usually we see in the subsequent public hearings where those detailed plans are provided with the traffic counts and the actual uses on the property. Is that the process that we're looking at? MR. WEEKS: Also correct. CHAIRMAN STRAIN: Okay. And the reason I wanted to clear that for the record is this is a conceptual hearing on a zoning, and I've heard you all say that generally the zoning isn't what you're objecting to, you're objecting to the road issue. The road issue is appropriate. But the timing of that may be when they come in with more defmitive plans and what they're going to do with these parcels, how they're going to lay them out, and how those intersections intersect with the roadways coming into them. So while your complaints are noted and are good to have on the record, may not be appropriate to be able to put the language as distinctly as you want in here. It's more of a nuts and bolts language. And that's the only reason I'm pointing all this out is to get that discussion out so you know why -- how we proceed. Okay, are there any -- now that's all the public speakers? MR. WEEKS: Yes, sir. CHAIRMAN STRAIN: Anybody else would like to speak? (No response.) CHAIRMAN STRAIN: Are there any comments from the planning admission? (No response.) CHAIRMAN STRAIN: If not, we will-- let's take these separately, and we'll entertain a motion. Let's start with the first one, CP-2006-7. And if you make a motion, please make it pursuant to whatever changes you believe are appropriate. Anybody have a motion? Mr. Vigliotti? MR. VIGLIOTTI: I'll make a motion to approve, but I don't have all the details as -- CHAIRMAN STRAIN: Okay. Well, let's start with parcel one, which is 2006-7. There were two changes, a series of changes submitted by staff in a handout titled Exhibit A. Under B there were some strikeouts and red indications of additions. And then there was a large strike through that was just discussed. And then finally there was a sentence suggested be added that publicly advertised meeting prior to design stage of the road work would be implemented as added to that sentence. Then also part of parcel one, the clubhouse language in red where the may would be changed to shall and the words with absolute certainty in the second line would be dropped. Those I believe, plus the red strike through up above and the blue changes that were more or less clean-up. That gets us through parcel onc. Mr. Vigliotti, would your motion include those changes as provided and as described? MR. VIGLIOTTI: Yes, it would. CHAIRMAN STRAIN: Is there a second? COMMISSIONER MURRAY: I'll second that. CHAIRMAN STRAIN: Mr. Murray seconded. Is there discussion? Page 44 16 ,1 A }, September 18, 20<18 Ms. Caron? COMMISSIONER CARON: Yeah, I was in the minority at transmittal and I'm sure that I will be in the minority here in adoption as welL But I will not be voting for this. 1 don't think that it's appropriate to use the GMP as a funding mechanism for development I don't -- I think we are relying too heavily on market analyses that have been bought and paid for by invested parties in order to make changes to our GMP. I think that these projects all lay within a traffic congestion area, and we are significantly increasing the traffic through this intersection by allowing this GMP amendment to go through. The intersection improvements that have been talked about provide only a Band Aid, not a solution to the eventual failure of Orange Blossom. And for those reasons, I will be voting against it CHAIRMAN STRAIN: Okay, are there any other comments on the motion? (No response.) CHAIRMAN STRAIN: Okay, we'll call for the vote. All those in favor of the motion as stipulated to recommend approval, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed" COMMISSIONER CARON: Aye. CHAIRMAN STRAIN: Motion carries 7-1. Now, let's go on to parcel two. On parcel two we have the -- some red strike-throughs on the -- on that page and some blue additions. But not as extensive as the last one. Although the general categories from the last one involving the intersection, the restrictions on the improvements to the intersection, the timing and the publicly advertised meeting for design I believe would all be applicable to parcel two on a standalone basis as welL And Corby is nodding his head affirmatively; is that right? MR. SCHMIDT: That is right CHAIRMAN STRAIN: Okay. Discussion on this one? Does anybody have any comments" (No response.) CHAIRMAN STRAIN: I have one comment, and that is this thing has seen three changes. The last change was 12,000 square feet plus an ACLF. The first one I believe was 50,000 square feet And now this one is 40,000 square feet plus an ACLF. I don't believe that both items are warranted. If they want an ACLF with 12,000 square feet, that worked the first time. As far as I'm concerned, it wouldn't work this time. If they want to drop this ACLF and stick to 40,000 square feet, in my opinion, that works. But without those changes, I would certainly not support this particular petition. I don't know what the rest of you think, but I thought I'd throw that out for discussion. Ms. Caron? COMMISSIONER CARON: Well, I did vote for this the last time around, but the only reason that I voted for it the last time around was because it was a vet)' small amount of commercial space and the focus was on ALF. I will not support it this time around because ofthat and because of reasons that I stated in the prior one. I question our use of these market analyses, I have problems with the traffic and the intersection improvements that are -- CHAIRMAN STRAIN: Is there a motion for CP-2006-8, or is there further discussion? (No response.) MR. VIGLIOTTI: I will make a motion to approve. CHAIRMAN STRAIN: Mr. Vigliotti made a motion to approve. Subject to the corrections made on the sheet that's attached by staff? COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Okay, is there a second to the motion" COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by Mr. Murray. Page 45 16 I d' II J-L SeptemberlJ18, 2~ Further discussion? (No response.) CHAIRMAN STRAIN: All those in favor ofthe motion, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: All those opposed to the motion, same sign. Opposed. COMMISSIONER CARON: Aye. COMMISSIONER WOLFLEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: One, two three. Who's opposed? Mr. Wolfley's opposed, Mr. Strain's opposed, Ms. Caron's opposed, and Mr. Kolflat's opposed. So the motion is tied 44. Mr. Klatzkow, is that a -- MR. KLA TZKOW: That's what you have. CHAIRMAN STRAIN: That's what we have. MR. KLA TZKOW: Four of you are in favor, four of you are against. Staff report to the board will signifY that CHAIRMAN STRAIN: And we will not be saving the BCC any time on this one. Okay. With that, we will take a one-hour lunch and come back here and resume on the GMP's-- MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: Before you break. CHAIRMAN STRAIN: Before we break? MR. WEEKS: One question, and that's for these two petitions. Do you want these coming back under consent agenda? CHAIRMAN STRAIN: Yes, sir. MR. WEEKS: And -- you do? CHAIRMAN STRAIN: Everything comes back under consent The rare occasion we have to accommodate a tight schedule, and we've done that when asked in advance. But there's no reason these can't come back. MR. WEEKS: I was going to ask, would you allow staff to bring these back to you this afternoon? CHAIRMAN STRAIN : Yeah, I think that's fine. They're minor changes. Does anybody have any objection to that? COMMISSIONER MURRAY: No. COMMISSIONER WOLFLEY: No. COMMISSIONER VIGLIOTTI: I think it's a good idea. CHAIRMAN STRAIN: We'll do that this afternoon. And we'll break until 12:45. We'll come back and resume on 2006- 13 at that time. (Lunch break.) CHAIRMAN STRAIN: Okay, everyone. Welcome back from lunch. It's 12:45. And before we left, we had mentioned we were going to resume with 2006-13, the CPSP adoption item. Before we go into that, the record needs to be made clear in regards to the last item we voted on. There were members that voted in denial of number 2006-8, and not all of us necessarily made our reasons for denial clear on the record. Ms. Caron did, I know. Mr. Kolflat was another member, as well as myself, and Mr. Wolfley. And by the way, for the record, Mr. Wolfley was not feeling well, so he's left for the day. But at least we'll get the benefit of Mr. Kolflat and myself Mr. Kolflat, could you state your reasons for not recommending? COMMISSIONER KOLFLA T: I question the validity of that Fishkind report and the data that was used and the basis on which it was had. CHAIRMAN STRAIN: Okay. And my reasons were exactly the same. I don't believe there was sufficient data provided that showed that both the 40,000 square feet and the ACLF were justified. So that's why I voted no on that recommendation. Item #9D CPSP-2006-13, GOLDEN GATE ESTATES Page 46 16 / 1 A 1. September 18, '200g-r CHAIRMAN STRAIN: And with that we'll go to CPSP-2006-I3. This was a multifaceted adoption amendment. A lot of different issues, clean-up issues on a lot of it. But there was one issue there had a question from our prior meeting. That was concerning the model homes in Golden Gate Estates. And David, I'll let you take it from there. MR WEEKS: David Weeks, at the Comprehensive Planning Department. And Mr. Chamnan, as you noted, the only issue that I'm aware of from your August 29th hearing was the issue that you raised, and it was a good one. Certainly staff appreciates you catching that, the fact that the language being removed as the board had transmitted results in a hole in the regulations, if you will, in that the Golden Gate master plan would then be silent to how model homes are treated beyond the three years for a temporary use permit. Staff had incorrectly advised the board back at transmittal that by simply deferring to the LDC that these model homes in Golden Gate Estates, which are zoned E, Estates, would be subject to the model home provisions and the Land Development Code and would be then subject to a conditional use after the three years of a temporary use. That is not true, based on the plain reading of the model home provision in the LDC. So staff has proposed language which was sent to you in your supplemental staff report for today's hearing that addresses that hole, if you wilL I will go on and say that we believe this adequately addresses the situation. I'll go on to say though, that an LDC amendment needs to occur subsequent to this plan amendment. And once that occurs, we could come back and modify, if not completely remove this language that we're adding today. CHAIRMAN STRAIN: Okay, I've sure looked it over and it does work. Does anybody else have any concerns? (No response.) CHAIRMAN STRAIN: This may be the shortest issue we have today. COMMISSIONER MURRAY: Move to approve. CHAIRMAN STRAIN: Are there any public speakers, before I forget? Hopefully not. MR. WEEKS: No speakers. CHAIRMAN STRAIN: Okay, Mr. Murray, did you make a motion to approve" COMMISSIONER MURRAY: I did. COMMISSIONER CARON: Second. CHAIRMAN STRAIN: Is there a -- seconded by Ms. Caron. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. And that wraps up the adoption hearing issues, with the exception of the consent language coming back for items seven and eight, which we will do after we review the consent items for the church we started with this morning. So that will still happen yet today. Go ahead, David. MR. WEEKS: Just quickly, as always, we'd appreciate if, for those of you that do not wish to keep your binders, if you'll leave them there where you're sitting, staff will collect those at the end of the hearing. Thank you. CHAIRMAN STRAIN: Thank you. Now, it's near I :00 and we haven't even gotthrough half our agenda. We have one, two, three, four, five -- five items to go, plus three consent items to go. And I thought rather than have people have to sit here all day, including staff, waiting for the possibility of us discussing Page 47 161.1 A 4 September 18, 2008 an LDC amendment, since we would have to cut off at 4:30 anyway, I'd certainly like to suggest to this board that we're not going to do the LDC today. We'll simply open and close the meeting and defer all the LDC to the 26th. Is that okay with everyone here? COMMISSIONER MURRAY: It's logicaL COMMISSIONER VIGLIOTTI: That's fine. CHAIRMAN STRAIN: Okay. Well, then Mr. Schmitt? MR SCHMITT: Yeah, since you're talking about LDC, we handed out revisions from our last meeting. You have a packet Page numbers correspond to your page numbers in your existing book. Those are changes and revisions. Just -- if you would, just simply substitute those pages for what's in your book. And eventually we'll get to those at some date, time in the future. CHAIRMAN STRAIN: Right now it's the 26th. So we'll still try. But we'll open the meeting for the LDC when we fmish this afternoon, quickly open it, continue it and then we'll reswne on the 26th. MR SCHMITT: Now, on the 26th, being that we have the whole day, do you want to start right from where we left off? CHAIRMAN STRAIN: Yes. MR SCHMITT: And I can't even remember, we'll have to look at -- CHAIRMAN STRAIN: We left off on preserves and then stonnwater management and then into the rest of the issues. And then the ones that we've sent back for re'mite, we'll just continue on down the list until we get them all done. We've got the whole day to do it MR. SCHMITT: There were those four that you had never heard yet Were those the ones that we start with or-- CHAIRMAN STRAIN: No, we start where we left off, the preserves. I'll give you the section nwnber and everything. It's exactly the list that you all gave us last time. MR. SCHMITT: Yes. CHAIRMAN STRAIN: And we'll continue in that order. It would be 3.05.07(H)(I )(h)(i), starting on Page 197. Then we go to 20 I, Page 201, which is stonnwater. And then groundwater. Then SRA. Then EAC powers and duties and so forth until we work through the rest of the agenda. MR SCHMITT: Great COMMISSIONER MURRAY: Mark, why don't we just make that motion now to continue the-- CHAIRMAN STRAIN: Well, we have to close this hearing I believe and open another one. COMMISSIONER MURRAY: All right MR. SCHMITT: And then we would essentially start over with those new -- the four ones you haven't heard yet, and then eventually we'll get to all the environmental ones. CHAIRMAN STRAIN: The list that-- MR SCHMITT: Yes. CHAIRMAN STRAIN: -- was passed out, that's just what we're going to follow, Joe. Item #9F (Continued discussed to later in the meeting) PETITION: CU-2007-AR-12419, ABC LlOUORS INC. CHAIRMAN STRAIN: Okay, with that, we will now go into our next regular hearing item, Petition CU-2007-AR-12419, ABC Liquors, Inc. It says to increase the maximwn allowable square footage of personal services, video rental or retail uses. However, this is another hearing on the same one we had previously discussed. It never made it to our consent agenda and we did not get any new paperwork on this, although I was told staff would have a new staff report of at least a short nature -- MR. SCHMITT: We do, but I don't even see my staff here yet John-David had a supplemental staff report that we were to hand out And you did announce it, 12:45. CHAIRMAN STRAIN: Yep. Well, without that report we can still move forward, can't we? MR. SCHMITT: Yes. CHAIRMAN STRAIN: We know what it's all about COMMISSIONER MURRAY: Yeah. CHAIRMAN STRAIN: Okay. All those wishing to testify on behalf of this petition, please rise to be sworn in by the court reporter. Richard, are you going to testilY on this one" (Speakers were duly sworn.) Page 48 16(lA 4 September 18, 2008 CHAIRMAN STRAIN: Okay. Well, before we go too far, we may have to -- we might want to continue this to later in the day -- MR. KLA TZKOW: I'd prefer if staff was here, just so the issue couldn't be raised. CHAIRMAN STRAIN: Okay, we wouldn't continue it until very long. We'd probably go into the next one, then after then next one. Joe, is there's some way if you can find out if John David's even in today? MR. SCHMITT: He's in. I will fmd out where they're at I don't even see Ray back here yet Ray was sitting in the back. CHAIRMAN STRAIN: They don't have cell phones? MR. SCHMITT: I will call back there, yes. CHAIRMAN STRAIN: You want us to hold up or you want to go into the next one? What's your -- MR. SCHMITT: Next one would be Moraya Bay, if you want to-- CHAIRMAN STRAIN: Let's just go into the Moraya Bay trellis then. Heidi, sorry. We'll just have to come back. We'll end up deferring this one until after. We'll just rearrange the schedule by one item. Item #9G PETITION: V A-2006-AR-I 1064, VI PARTNERS, L TD AND COLLIER COUNTY PARKS AND RECREATION CHAIRMAN STRAIN: We'll go into Petition No. G, Petition V A-2006-AR- 11064, VI Partners, Limited, Collier County Parks and Recreation. It's for the Vanderbilt Beach Residential Tourist Overlay District, and it's for a trellis adjacent to the building and the public restroom. All those wishing to testifY on behalf of this, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) MR. YOV ANOVICH: But I'm assuming since my staff reviewer is not here for this one either -- I mean, I'd be happy to present. CHAIRMAN STRAIN: Well, no. Joe, we don't have the staff person here for this one either. Or for that one, the next one. Or for that one the one after that. Or for that one the one after that. So we've got six cases we don't have any staff here for. Is there a reason why we -- are they still working for the county? MR. SCHMITT: Yes. AlII can say is that they lost track of the agenda because we were doing compo plan amendments. But they should be here and they should have been ready. CHAIRMAN STRAIN: The agenda was puhlished a week ago, it hasn't changed. MR. SCHMITT: I got John Kelly calling back there. CHAIRMAN STRAIN: Let's take a I O-minute break. At five after] :00 we'll reassess, and we'll keep taking breaks till someone gets here. And if we can't finish, we'll have to deal with that when it happens. Nothing much I can do with it now. So five after I :00 we'll resume. (Short recess.) CHAIRMAN STRAIN: Okay, thank YOU. Mr. Schmitt, is John-David going to bother to attend this meeting today? MR. SCHMITT: He is en route, the best that I could tell. AlII get is his voice mail back there. His voice maiL So-- CHAIRMAN STRAIN: Okay. And Nancy-- MR. SCHMITT: -- we will proceed with the next item. CHAIRMAN STRAIN: -- you need to watch these meetings a little more closely. The GMP amendment that was remaining only was a five-minute clean-up of a model site in Golden Gate Estates. You had 22 people waiting for your return. So I know none of us appreciate that. All those wishing to testifY on behalf of this petition, and the one we're going to go into because Mr. Moss is not here, we'll go into Petition 9(G), V A-2006-AR-l! 064, VI Partners, Limited. And it's for the trellis at the Vanderbilt Beach Residential Tourist Overlay District by the Moraya Bay Club. All those wishing to testifY on behalf of this, please rise to be sworn in again by the court reporter. Richard's going to be doubly truthful today. (Speakers were duly sworn.) CHAIRMAN STRAIN: Disclosures on the part of the planning commission. Mr. Vigliotti? Page 49 1611 A 4 September 18, 2008 COMMISSIONER VIGLIOTTI: I spoke to Mr. Yovanovich about this situation. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Sorry, I belive I did, too. I think so. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I did also. CHAIRMAN STRAIN: Mr. Schiffer" COMMISSIONER SCHIFFER: Walking in this morning Rich and I discussed this slightly about the fact -- the need for a variance for a trellis. CHAIRMAN STRAIN: And I would bet he brought it up to me at the meeting we had, but I honestly don't remember. MR. YOV ANOVICH: Pretty much an unremarkable meeting, huh? CHAIRMAN STRAIN: You know, Richard, you have so much coming in front of us all the time, I can't remember them aIL So with that we'll go into your presentation. Go ahead. Oh, one thing I would like to clarifY for the record. Collier County Parks and Recreation Department has nothing to do with this; is that correct? MR YOV ANOVICH: Only to the extent that they're our inunediate neighbor and some of the land actually at some point will be theirs because of the sliver. But other than that, no. CHAIRMAN STRAIN: Okay. I would like certainly to understand what that means. But go ahead -- MR. YOV ANOVICH: Well, you know, other than as you can see on the visualizer is a swnmary of what we're requesting. The shaded building is the public restrooms that we discussed earlier in the hearing. So we are requesting three variances. And it's because the trellis is considered a structure more than I guess a decorative feature, for which it really is. So we have to have a setback from the trellis and the residential tower equal to one-half the sum of the heights of the residential tower and the trellis, which would have meant we needed I believe 50 feet, four inches between the trellis and the tower. We are asking for a variance of25 feet, four inches, because we only have 25 feet between the trellis and the tower. We would also need a variance from the front yard setback. This is, as you know, a corner lot, based upon previous discussions. So there's a required setback of30 feet from a ITont yard. We have 10 feet, so we're asking for a 20-foot setback for the trellis -- I mean, a variance for 20 feet to allow a 10-foot setback for the trellis there. And then again, the building separation issue applies for buildings one-halfthe swn of the building height, which will be this building, and the trellis. The required distance would be required to be 12 and a half -- I don't know how you have 12 and a half feet, four inches. I think it's probably 12 feet, probably 10 inches. But we want to reduce that down to a IO-foot separation between those two structures. It's basically a decorative trellis to cover a walkway ITom the public drop-off, if that ever gets built, as we discussed at the last hearing, for people to walk who are coming to this property, to walk under that trellis ultimately to the swimming pooL That's it. And that's the nuts and bolts ofthe request. If you have any questions, I'd be happy to answer them. And staffl believe is recommending approval of the requested variance. CHAIRMAN STRAIN: You had -- in response to my question, you said that the County Parks and Recreation Department was part of this because the building was going to be on their property. Are you giving that property to the county? MR. YOV ANOVICH: The only -- the only -- well, yes. The plan is, remember we had this discussion on the public restrooms. CHAIRMAN STRAIN: You didn't tell us the process by which you're -- I didn't know if it was going to be an easement, a dedica -- a deed. MR. YOV ANOVICH: The agreement that I mentioned earlier on in the meeting provides for a fee simple conveyance ultimately to the county of a sliver of land. That would -- I guess at this point they don't technically need to be on the application because they don't own that land yet. But as you know, there were three petitions winding their way through at the same time. And whether you want them to list it as an applicant, I don't know that they need to be. I'm just -- they are related, I guess, versus necessarily being an applicant CHAIRMAN STRAIN: Yeah, but see, if you change the property line to go around that building, you've done no more than the property line that currently exists up against where the building is. So to say that you have to have an adjoining neighbor on your report -- I mean, in your application, I can't see the sense of that MR. YOV ANOVICH: I'm not saying that they need to be an applicant, Mr. Strain, I just want to say there was a relationship there because of the building and ultimate conveyance of some land. CHAIRMAN STRAIN: There's a relationship then between any variance and any neighbor. And I would suggest that we strike -- Page 50 16/1 A 4 September 18, 2008 MR YOV ANOVICH: That's fine -- CHAIRMAN STRAIN: -- the reference to Collier County Parks and Recreation Department MR. SCHMITT: I was going to say, Mr. Chainnan, based on the way these applications first came in, andjustto reiterate the history of this for the record, the private beach club and the restroom facility at one time was going to be a separate building and a shared building. So all three: The variance, the conditional use for the private beach club and the conditional use for the restroom where the two applicants, Mr. Y ovanovich's clients and the Parks and Rec, we've already removed Parks and Rec from the private beach club conditional use that will be corning back. Parks and Rec has no need to be part of this. And then for the record, as I made clear when we talked about the public restroom facilities, in order to issue a building pennit, it would have to be a building on a single piece of property. I cannot by state statute have a building cross over a property line. So regardless, there has to be an instrument that passes this property from Rich's client to the county, if the county is going to build this restroom. So that will be done, regardless of what -- the mechanism to do it, I leave that up to the attorneys. But as far as a site plan and a building penn it, it has to be one piece of property. It cannot cross over a property line. CHAIRMAN STRAIN: Any questions-- MR. SCHMITT: Or I guess -- again, for clarification, for the record, we are removing Parks and Rec from this application. CHAIRMAN STRAIN: Thank you. Okay, Mr. Schiffer, then Mr. Koltlat COMMISSIONER SCHIFFER: Rich, nwnber three, which is a variance to a building on an adjoining property, is that necessary? Because normally setbacks control buildings. ['ve never seen a requirement to go across the property line. MR. YOV ANOVICH: We've been told we needed that variance as well, so we applied for that I don't want there to be any question about that, so -- COMMISSIONER SCHIFFER: What part of the code are you required to have a distance separation to a building on another property? I can wait for staff, if you want MR. YOV ANOVICH: Thank you. COMMISSIONER SCHIFFER: I'll do that The other thing, Rich, because some of these things -- you know, a trellis, and I think they're right, I guess it's a structure. Would you mind in the resolution actually put the word open trellis? I wouldn't want anybody in the future to interpret this that you can enclose this trellis. Because we're essentially getting building setbacks allowed and -- MR. YOV ANOVICH: I don't think we'll have an issue with that COMMISSIONER SCHIFFER: Okay. Because that's the intent, right? MR. YOVANOVICH: Yes. COMMISSIONER SCHIFFER: So in the resolution where it says trellis, add the word open in front of it to never confuse the future that we're allowing a building enclosed. All right, thanks. CHAIRMAN STRAIN: Thank you. Mr. Kolflat? COMMISSIONER KOLFLAT: Mr. Yovanovich? MR. YOV ANOVICH: Sir. COMMISSIONER KOLFLA T: You agree that the trellis is classified as a structure in the LDC, do you not? MR. YOV ANOVICH: I do. COMMISSIONER KOLFLA T: Ray, would you mind putting on that overlay that I gave you this morning. You might back it up a little so you get it all in. Thank you. On this overlay I've tried to show the three variances that are in the petition. And if you look at the number one there, that's the trellis to the principal residential structure. And the required setback is 50 feet, four inches. The requested setback is 25 feet. That means a difference of25 feet, four inches, or what we might call an encroachment in the case of setbacks. That encroachment and difference there is almost twice one-half the amount that the required setback was. Item two is a trellis to the north property line, and that required setback is 30 feet, according to the LDC. You're requesting 10 feet, which means an encroachment or a difference of 20 feet between what is required and what is requested. Under three, which is a trellis to public restrooms, you show required setbacks as 12.5; requested setbacks, 10 feet, or a Page 51 16/:1 A 4 September 18, 2008 difference of two and a half feet Do you agree basically with these setbacks as being part of your petition? MR YOV ANOVICH: I believe that's consistent with what our application said. COMMISSIONER KOLFLAT: Well, seems like an awful lot of variance requests for something that's going to be there. In fact, you look at this, you wonder why do we even have setbacks. MR. YOV ANOVICH: Well, you wonder why a trellis would be considered a structure for purposes of needing to have these separations. This is really a decorative feature. I don't really think that the setbacks were really intended to talk about these type of structures. I think they were talking about if you were to have some other building that was either a principal use on the property or an accessory use on the property, a real building, not an open-aired trellis like this. I mean, I just think, you know, this is one of those examples where the code's not perfect, so we're going through a variance process for an opened air trellis. Because it does technically meet the definition of structure, but we don't think that that's really what the setbacks were intended to protect against COMMISSIONER KOLFLA T: But the code does say that it shall be considered a structure. MR YOV ANOVICH: And I wouldn't be here if it wasn't considered a structure. I wouldn't be asking for the variance. COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Okay. Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: I have one, Richard. Nwnber two ofthe variance, which laid out in this page says 30 foot to the north property line. And you're looking for 10 feet And the picture that you had up there previously of the trellis, could you show that again? I just want to make sure you're getting -- you're asking for everything you need. See that little piece of trellis to the left up on the top? MR. YOVANOVICH: Here? CHAIRMAN STRAIN: Yes. That trellis, that line that it sits on appears to be 10 feet from the north -- from that next double line. And the double line is the edge of the easement, which is 20 feet from the north property line. So that trellis may be less than 30 feet as welL Has that been looked at to see if there's a problem with it at all? MR. YOV ANOVICH: I need to see where the road right-of-way ends, because that may n I don't know that the road-- CHAIRMAN STRAIN: I think it ends where the restroom is. MR YOV ANOVICH: So I don't think ['m tech n I think that becomes a side yard instead of a front yard. CHAIRMAN STRAIN: Okay, but what's the side yard to the north property line? MR. YOV ANOVICH: Do you know, Kay? I need to look at that nwnber. CHAIRMAN STRAIN: That's all I want to n I want to make sure you're getting -- I mean, I don't think anybody's going to have a lot ofhcartburn over this one, but I want to make sure that you're getting everything you're asking for so we don't have to have another meeting. MR. YOVANOVICH: Yeah, I didn't bring the RT zoning district with me. We need to look at it-- CHAIRMAN STRAIN: While Kay's doing her thing, maybe Ray can check on the side setback to the north property line for an accessory structure. If it's SPS, that could pose a little problem. MR. SCHMITT: There's the property line shown. CHAIRMAN STRAIN: Right The distance between the property line and that double line I believe is the easement And the distance between the double line and the single line that the trellis sits on I believe is the landscape buffer. And if that's the case, that totals about 30 feet, although it's out of scale. ['mjust checking to be sure, Joe. MR. SCHMITT: I believe that double line is the wall, is it not? CHAIRMAN STRAIN: Okay, well that would help then. MR. SCHMITT: The double line is the wall, the decorative waiL And in fact, it's unfortunate -- COMMISSIONER CARON: Yeah. MR. SCHMITT: -- with this application we don't have the detailed drawings. But Rich, is not that double line the wall? MS. DESELEM: If I could for the record, Kay Deselem-- COMMISSIONER CARON: It's 29 point-- Page 52 It-I; A 4 ~epterbber 18, 2008 MS. DESELEM: In working with the petitioner's agents, we did look at that We were measuring from the trellis to the property line. And the property line is actually shown, and it meets setback for that line. Because we did look at that Because when it originally was submitted, we had like five or six different variances. In trying to whittle it down, we determined that that did meet the setbacks. CHAIRMAN STRAIN: The 29 feet, two and a quarter inches meets the setback. MS. DESELEM: Yes. CHAIRMAN STRAIN: Okay, thank you. Kay, you want to do your presentation? MS. DESELEM: Sure, if you're ready. CHAIRMAN STRAIN: I think we fmished with questions of Richard. MS. DESELEM: For the record, Kay Deselem, Collier County Zoning, Principal Planner. First, let me apologize for my tardiness. I am sorry. I did think that the compo pI arming things would go longer. And for that, that was my fault and not watching closer, and I apologize. As we've already discussed, part of what I was going to tell you was that we are removing the county as a co-applicant We've already addressed that issue now. And we do have the staff report on record. It's dated September 18th at the bottom. It is an eight-page document It explains the purpose and description of the request And in light of the fact that you've seen the companion request to this, you're probably fairly familiar with it And it does show graphically in pictures where the trellis is and where the restroom facility is, trying to explain what the relationship is. Basically the trellis is being requested on this site to help soften the effects of the proposed restroom facility from those persons living in the residential tower for Moraya Bay Beach. That's why in the analysis that staff provided to you, beginning on Page 5 of the staff report, there are various references to the restroom facility. Because that's an integral part of what this request is about Ifit weren't for the restroom facility, there would be no need or probably any request for variances to provide a trellis. But we have provided the recommendations and the analyses in support of our recommendation. We do have one condition, and that one condition just identities the site plan so it's clear in the record what site plan is being evaluated for this request And we don't believe that it's addressed particularly as a variance in the Growth Management Plan, but we don't believe there's any compatibility issues presented by the trellis or the variances proposed. And we are recommending approval. CHAIRMAN STRAIN: Thank you. Any questions of staft'? Mr. Kolflat, then Mr. Schiffer. COMMISSIONER KOLFLAT: Kay, could you point on this overhead where the pathway is going down to the beach. MS. DESELEM: The pathway to the beach on this" I can probably show you on the settlement agreement easier than I could show you here. If I may use the settlement agreement, this is -- COMMISSIONER KOLFLA T: I was looking physically where it is from this drawing, the access to the beach. MS. DESELEM: It's truly not labeled on here as such. It's basically the part that's in -- let me show you. You're right, it's easier to show you. The portion that is the -- this appears to be what's going to function as the beach accessway. COMMISSIONER CARON: No. MR SCHMITT: Outside that waIL COMMISSIONER SCHIFFER: Bad guess. MS. DESELEM: Outside the -- oh, you're saying on this side? MR. SCHMITT: Somewhere in here will be access. COMMISSIONER KOLFLA T: So it's that portion up in the upper left-hand comer of the illustration? MR. SCHMITT: That's correct COMMISSIONER KOLFLA T: Thank you. MS. DESELEM: Sorry for that Yeah, we have it on a larger map, hut we don't have it on that smaller exhibit. COMMISSIONER KOLFLA T: That shows up all right Thank you. MR. SCHMITT: Mr. Kolllat, actually, you'll go around that restroom, but then there will be -- there will be brick pavers, and it's outside of that drawing. But it will be behind the restroom, and then it will head directly in that westerly direction towards the beach. Page 53 16 (} A Ii September 18, 2008 COMMISSIONER KOLFLA T: But the people using this accessway will not go through the trellis; is that correct? MR. SCHMITT: The trellis is just for the beach club members and the private residents of the hotel, as far as I understand. There's a better picture of the access. The beach access will be there. It will be pavers. It will be a paver walkway. COMMISSIONER KOLFLA T: And where will the trellis show up on that? MR. SCHMITT: It will not The trellis, Mr. Yovanovich, is only into the actual private beach club. Private property, yeah. And then to the pooL That was -- it's nothing more than a decorative feature to somewhat separate the private entrance from the public access. COMMISSIONER KOLFLA T: So no one on the public access will traverse under the trellis. MS. DESELEM: That's correct COMMISSIONER KOLFLA T: Thank you. CHAIRMAN STRAIN: Okay, Mr. Schiffer, then Ms. Caron. COMMISSIONER SCHIFFER: Kay, is there a requirement for setback from buildings on other properties in the code? MS. DESELEM: It's -- this is a little bit unusual, because we were going to be having the actual restroom facilities right on the property line. So it's a matter of it's on the property line, but it is a building. And normally you wouldn't have a building right on the property line. That's why we have the request for the variance from the setback between the two buildings. Normally they would be separated by much more distance. COMMISSIONER SCHIFFER: I mean, we have a lot of buildings in the world or property lines, party walls and stuff like that So there really isn't any need, is there, because the building is on a separate site. So why are we determining the distance between that? MR. YOV ANOVICH: A sliver, don't forget COMMISSIONER SCHIFFER: Well, isn't that gone? Didn't you-- MR. YOV ANOVICH: No, the sliver will actually appear in the comer. COMMISSIONER MURRAY: I thought that was going to go away. MR. YOV ANOVICH: We're going to convey a piece of it But right now a sliver of it is actually within our boundary right here. So technically I think that would create the need for the variance. It may go away in the future once the conveyance happens. But, you know, Mr. Schiffer, if we could just leave it in here to play safe. I don't want any problems in the future where there could be a chance of people interpreting the code. COMMISSIONER SCHIFFER: That sounds good. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: Yeah, I just wanted to correct something that Mr. Schmitt had said. And that is this trellis has nothing to do with the beach club. It has to do with separating the tower residents from the restroom facilities, and that is all this trellis -- MR. SCHMITT: Yeah, that's-- COMMISSIONER CARON: -- is there for. MR. SCHMITT: -- what I thought I said. And I apologize if! didn't But it is not public access. The trellis was the private access to somewhat create this separation between where the public goes and where the private entrance goes into the private beach club. CHAIRMAN STRAIN: Okay, are there any other questions of staff at this point? (No response.) CHAIRMAN STRAIN: Any other questions of the applicant? Mr. Kolflat? COMMISSIONER KOLFLA T: I don't have any questions, but in looking at this, I think there are certain provisions of the criteria that are not met And since I probably would be voting against approval of this, I'd like to state what those are at this time for reason -- my reasoning. CHAIRMAN STRAIN: Mr. Kolflat, before you go too far, we've got to fIrst check with public speakers, then close the public hearing. And then that will be more appropriate to hold it for then. Okay? COMMISSIONER KOLFLAT: Fine. CHAIRMAN STRAIN: Okay. Do we have any public speakers, Ray? MR BELLOWS: No one has registered. CHAIRMAN STRAIN: Does the applicant have any comments, rebuttal? Nothing to rebut? MR. YOV ANOVICH: Nothing additionaL I mean, obviously, I think this is an oddball circumstance. I'm not even sure Page 54 ~e~teCJr ~8, 2~8 that this is what the code intended to require separations for. So, you know, it's one of those things that I hope that almost a commonsense approach can be applied to it and you all can support recommending to the Board of County Commissioners the variances we're requesting. CHAIRMAN STRAIN: Okay. And with that, we'll close the public hearing. And Mr. Koltlat, it would be a good time to proceed now if you'd like, sir. COMMISSIONER KOLFLA T: Thank you. Well, looking at the code and the criteria relative to special conditions, a provision of the settlement agreement required the property owner to grant a 20-foot wide public beach access along the property north boundary. Which is true, and that has been done. This trellis has no special conditions or circumstances that are peculiar to the land or other structures. Structures pertaining to the beach club and public restroom were all addressed in two other conditional use petitions. On another criteria, a literal interpretation of the wning code will not work an unnecessary hardship on the applicant The beach club and public restroom conditions have already been addressed on two other conditional use petitions and are not dependent on the installation of the trellis. Another criteria, the variance is not the minimum variance for, quote, reasonable use of the land, closed quote, because the subject of the variance is a trellis, which is not a required structure. The trellis is an aesthetic feature that the petitioner wishes to construct But the trellis is not a crucial element to allow, quote, reasonable use of the land, building or structure, closed quote. It is an amenity that is proposed to enhance the project Without the trellis no variances would be required. Yes, a variance by defmition confers some dimensional relief from the zoning regulations specific to a site. I do not believe these four criteria have been met and I do not believe this petition should be approved. CHAIRMAN STRAIN: Okay. Are there any other comments concerning this variance request? (No response.) CHAIRMAN STRAIN: Okay, is there a motion for the matter? COMMISSIONER VIGLIOTTI: I'll make a motion to approve. My reasoning is I don't believe the law was written for this kind of situation. If they were asking to put a structure up where the trellis is, that would make some kind of sense. But this is actually a see-through type situation. It's an enhancement, it's not a building. And I don't believe that the law -- the intent of the law was written for this particular item. COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Motion made by Mr. Vigliotti, seconded by Mr. Murray. Is there discussion? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, I think the problem, and I kind of share the opinion of Rich, is we've let our Land Development Code -- the concept of setbacks and the concept of yards have all blended together, which is why we have these kind of problems. This is defmitely something I think was always intended to be in a yard. CHAIRMAN STRAIN: And I wish to point out, Mr. KolfIat's reasoning is well done. 'The saving grace on this one and the reason I would support the motion is it's actually an improvement for the neighborhood, it's not a detriment. It doesn't have any negative, I can only see positive. So from that basis I'm willing to vote in favor of the motion. Ms. Caron? COMMISSIONER CARON: Yeah, I would just like to say to Mr. Kolflat too, I'm usually right there with you. I'm probably the hardest line on most ofthese variances on this board. But I do see this as a benefit to the overall community and definitely to the people who buy in the tower. So I'll support the motion. CHAIRMAN STRAIN: Okay, any further discussion? (No response.) CHAIRMAN STRAIN: Hearing none, all in favor of the motion, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed" Page 55 16/1 Ii 4 September 18, 2008 COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Motion carries -- we're down to 6- I, yeah. Can't remember how many people we have left here. Thank you. Item #9F (Continued from earlier in the meeting) PETITION: CU-2007-AR-12419, ABC LIOUORS,INC CHAIRMAN STRAIN: Okay, I'd like to go back -- and John-David is here, I'd like to go back to Petition CU-2007-AR-I24 I 9. And that is ABC Liquors. It's a return of a previous heard element. We did fmalize our review of that element, but in the process there was an error discovered by the applicant. They're coming back in to correct the error, much to their credit, because they've gone through the entire system again to get here. And it was based on one of our stipulations. So with that in mind, all those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. And Richard, here you go again. When this day's over you will be the most honest man in Collier County. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay, are there disclosures on the part of the planning commission? Ms. Caron? COMMISSIONER CARON: I spoke to Mr. Yovanovich on this. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: Mr. Yovanovich covered several items and this was included, I believe. CHAIRMAN STRAIN: Anybody else? Mr. Vigliotti? COMMISSIONER VIGLIOTTI: I believe I also spoke to Mr. Yovanovich on this. CHAIRMAN STRAIN: Anybody else? (No response.) CHAIRMAN STRAIN: And I believe I spoke to both Mr. Yovanovich and Mr. Arnold on this particular one. So with that in mind, we'll proceed. Go ahead. MR. MOSS: For the record, John-David Moss, Department of Zoning and Land Development Review. I just wanted to draw attention to the supplemental staff report that I just distributed. It basically reiterates what the conditions were that you approved the last time this came before you and discloses the new condition, which is on the second page, the one that's going to be amended. I also wanted to draw your attention to the last page, which is a letter that I received from the community following the second NIM that was held. MR. SCHMITT: And for staff, we apologize for handing this out, but it was the -- it's the dates that we had and the timing, and in order to keep this scheduled for the Board of County Commissioners. But this was a rather simple change, as you well know. COMMISSIONER SCHIFFER: I have a question. MR. SCHMITT: If you want to take a few moments to read it or-- COMMISSIONER CARON: Go ahead, Brad. COMMISSIONER SCHIFFER: One of the concerns we had is the time in which trucks could go there. And the way you've vvritten this, it says trucks having more than two axles. The concern is trucks having -- well, I guess there's no thing as a one-axle truck, never mind. Where's the delivery going to be though? Do you have a site plan showing -- MS. WILLIAMS: I do. And for the record, my name is Heidi Williams. I'm a Certified Planner with Q. Grady Minor & Associates in Bonita Springs. And before I get to your question, I'll just explain how we are back here today. Because as you know, we did have your unanimous support about a month ago for this same petition. The site is located at 951 and 41 on the northeast comer adjacent to an existing CVS pharmacy. I'll go ahead and place the conceptual plan. We followed the appropriate conditional use petition fonnat. We had our neighborhood meeting and came to you with all the information for our request. We revised our commitments during that hearing and they are, as John-David pointed out, contained in the supplemental staff report. Page 56 -' :r:" 16J'l September 18, 2008 Subsequent to that hearing, we learned additional infonnation regarding the method of deliveries by our clients, and needed to clarifY that for the public and for this petition. In order to do that, in an abundance of caution, we held an advertised -- appropriately advertised neighborhood infonnation meeting and are here to explain what we explained to the public. We anticipate that some deliveries made to this site will be delivered by semi trucks or box trucks that have more than two axles, three-axle trucks. And the only concern we had was the time of delivery and the access to the site. So we crafted a condition that limits the hours to non rush hour times and non late night, early morning times. Basically from 9:00 in the morning until 6:00 p.m. -- actually, I'm sorry, that's incorrect. From 9:00 in the morning to 4:00 p.m. And then after 6:00 p.m. until close, which we expect would be no later than 10:00 p.m. on week days. And because the concern was the interaction of a semi truck with the traffic that goes past the site at the entrances, we didn't feel that that interaction would occur on a weekend day, so we didn't limit the hours to non rush hour times on weekends. We hope all that is captured as written on Page 2 of the supplemental staff report. We did have one attendee at that meeting, and his concern was the interaction with the rush hour traffic, but also how the trucks would turn from 95 I . And our response was that trucks currently deliver to the existing pharmacy site. They've been able to make that work. We expect that the trucks delivering to this site would also be able to make that work. We also know that when we come in for a site development plan, we'll have to ensure that turning radiuses are all appropriate and according to code. So we expect that that concern can be addressed through that proper process. And I can trace on the site plan the way trucks are traveling the site now and how we expect them to travel after development of this store. Currently, deliveries to the CVS Phannacy, we expect that trucks enter from 41, pull behind the CVS, this is their loading area here, pull past the existing drive-through and then out to 951. They obviously make a right in from 4 I and a right out on onto 951. Currently there's no way to take a left on 951. That roadway is blocked fTom making any left turns. Similarly, the concern expressed was a truck coming up 951 would have a very hard time making basically a 180-degree turnaround to go back into the site. We think it's really unlikely that any trucks would try and attempt that turn. We expect they would follow the path that trucks are taking now, which is in from 4 I, out from 951. I think it would be hard to regulate something like that and in a condition. I think it's a matter of practicality that that's what trucks will be doing. And again, we expect that that's an unfriendly turn., it is today, plus it will be designed with appropriate engineering standards in the future. Does that address your concern, Mr. Schiffer? COMMISSIONER SCHIFFER: My concern really was is where in the building is the delivery door and where will the truck position itself for that? MS. WILLIAMS: What we do know is that the entrance, the public entrance will face 951. And I don't have an official footprint floor plan for this building, but we expect that the trucks will come alongside the building and deliveries will either be from that side or from a door on the other side. We don't expect that again any large vehicles will attempt to come through this parking that's in the back nearest to the residential. That's just not a turn they'll wish to make. So we do expect that they will be alongside the building. COMMISSIONER SCHIFFER: Then another concern. We're allowing other trucks 24-hour deliveries. The way this is worded, only delivery trucks -- well, that was where we only allowed the two axles. But there is no control at night for even the two-axle guys? MS. WILLIAMS: I agree, the way this is written that probably could be interpreted that way. I don't think it's our intention to have the nonnal deliveries during the evening hours. We had expressed to the community that wasn't our intention. And we could revise this to make that clear. COMMISSIONER SCHIFFER: So if we took out No.5 entirely and, then -- well, you added a new NO.5 anyway. So you actually -- okay. Can't you just say trucks? Because you're allowing trucks of all axes (sic). And then that way we can control deliveries for the two-axle trucks. MS. WILLIAMS: The trucks that would make deliveries that would be beyond the control.. the direct control of the operations department for our client would be the vendors, like Coca-Cola or the local Budweiser. I think they are the only ones that would have the two-axle vehicles. We can certainly.. I don't know that they would.. what times they would expect to make deliveries, but I think they could work with them to comply with these hours. COMMISSIONER SCHIFFER: I mean, the concern is if the door is on the back side, which looks like there will be an employee entrance, probably it will be there where the parking -- I mean, you wouldn't want a truck out there late at night sliding Page 57 16/1 4 September 18, 2008 up and down its sides and crashing stuff. MS. WILLIAMS: No, I agree. And I think that's a commitment we made to the residents in our first meeting and in the second meeting, that we are not interested in creating a disruptive environment. COMMISSIONER SCHIFFER: Okay, can we somewhere maybe add to that sentence no deliveries between the hours of, and control that? CHAIRMAN STRAIN: Well, I mean, the way it's is written now, it says when deliveries can occur. You're saying you'd rather it have it say when deliveries cannot occur? COMMISSIONER SCHIFFER: Well, let's see. It's -- well, first of all they exclude trucks less than two axes (sic) the way it's written -- CHAIRMAN STRAIN: Right, I understand n COMMISSIONER SCHIFFER: n so we defmiteIy want to get that. CHAIRMAN STRAIN: Right, so you would strike the part that says having more than two axles. It's just trucks shall only make deliveries. COMMISSIONER SCHIFFER: Okay, then it controls it, right? COMMISSIONER CARON: Right. COMMISSIONER SCHIFFER: Okay, that's good. CHAIRMAN STRAIN: Does that work for the applicant? MR. YOV ANOVICH: Well, we'll have to -- if that's the condition, we'll have to go ahead and convey that. Right now I believe we're comfortable with the 10:00 p.m. cut-off for any vehicle. The only question I have is that gap between 4:00 p.m. and 6:00 p.m. for the non semi trucks, I don't know if the client's comfortable with limiting that gap period. And, you know, they may want to start at 8:00 for the smaller trucks instead of the semiS. COMMISSIONER SCHIFFER: Let's try it this way then: Don't -- you know, keep the sentence the way it's written, which is regulating trucks with greater than two axles. And then add another sentence that says trucks of any axle, no deliveries will be after, and set up a -- because you're right, because two-axle guys will be coming and going all day. MR. YOV ANOVICH: So then all trucks, no deliveries beyond 10:00 p.m. Is that -- COMMISSIONER SCHIFFER: Correct. And then -- MR. YOV ANOVICH: We'll add that sentence, COMMISSIONER SCHIFFER: n we're back at the same problem we had with the church, is when do they start up the next day n MR. YOV ANOVICH: Sure. COMMISSIONER SCHIFFER: n so pick a time for that too. CHAIRMAN STRAIN: Mr. Murray? COMMISSIONER MURRAY: That's what I was going to bring up, that little piece oflime in between and why was it there. Thank you. CHAIRMAN STRAIN: Anybody else, questions of the applicant at that time? (No response.) CHAIRMAN STRAIN: Heidi, can you with a pencil or pointer show me on this plan the two ways that -- where your trucks n how they would get in and unload and how they move out. You don't have to say a Jot, just point it. I just need n I'm trying to understand the routing. MS. WILLIAMS: Okay. We expect trucks to enter from 4 I. CHAIRMAN STRAIN: Right. MS. WILLIAMS: And we expect to have them travel behind CVS and exit on 95 I. CHAIRMAN STRAIN: Okay. And you just pointed that they would use that interconnection that in our last meeting you suggested you didn't want to accept staffs recommendation, or there was an issue about the interconnection could only be an agreement with a neighboring property owner. So now if you're relying upon that interconnection in order to establish truck access that you're now telling us you want to use, then it can't rely upon the property owners' agreement, it's got to be mandatoI)'. MR. YOV ANOVICH: Mr. Strain, you're right. What happened was is there was discussion requiring that inter-- actually, there was a site plan that showed both. And what I had asked was that it not be required unless we worked that out -- CHAIRMAN STRAIN: Right. MR, YOV ANOVICH: -- with a neighbor. If they can't work it out something with the neighbors, they may be changing their types of delivery vehicles to where it can -- Page 58 SePtetb~ ! 8,~0~ 4 CHAIRMAN STRAIN: Yeah, but Richard, the last thing I want to do is see this panel say yes to the semi trucks, you don't work it out, your owner, which you guys will be out of the picture by that time, says I'm going to run trucks in there like I always intended to and he starts lIying to back in and out of those narrow roadways from the north -- from the west side. That would be difficult. MR. YOV ANOVICH: Well, they'll have to, I guess, worst case scenario, and I don't drive a semi, but there's interconnection between the sites already, which is -- CHAIRMAN STRAIN: The one to the west, northwest. I know you're not good in directions, so the left upper comer of the page. MR. YOVANOVICH: Yes. CHAIRMAN STRAIN: Right, I understand that. MR. YOV ANOVICH: So there's already interconnection. And so they'll be able to maneuver. They may end up parking in the very front of the building on a temporary basis. CHAIRMAN STRAIN: If a -- wait a minute, Rich. Ifa semi truck, two axles or larger, now, that's a bigger truck, that isn't a bobtail, that's up to 35 feet, that's a bigger truck. He pulls into that driveway and he wants to get down and unload in the area that was indicated they would be unloading from, they'd have to back down that parking area or they'd have drive forward. Either way, they'd either have to back in or back out and do a lot of turning movements in the parking lot to the east, or they'd be backing out into the flow of traffic to the north, neither of which is a safe scenario if that interconnect that is shown to the back of the CVS Pharmacy isn't attained. MR. YOV ANOVICH: And I guess what I'm saying, Mr. Strain, is it behooves my client to work out interconnection with the neighbors in order to use semis; otherwise, they'll have to use smaller trucks for the deliveries. CHAIRMAN STRAIN: Good. Then you agree then that this semi use will be limited only in the condition you get that interconnect. Thank you, that works fine. MR. YOV ANOVICH: I don't know that you necessarily have to do that, Mr. Strain, but I'm just saying-- CHAIRMAN STRAIN: I think we do, Richard. MR. YOV ANOVICH: And for what reason? CHAIRMAN STRAIN: Because if you don't get that interconnect and you lIy to cram semis down that narrow pathway, it's going to be detrimental to the operation of that parking lot and those incoming and outgoing roadways. How are you going to back in and out of there with a large semi truck? MR. YOV ANOVICH: Can the semi not park in front of the building instead of on the side of the building? CHAIRMAN STRAIN: So across the driveway, blocking the people that are parking there getting into -- MR. YOV ANOVICH: They'll end up -- I'm sure if the semi is there first, they'll end up parking on the side parking spaces. It's a short-term delivery issue, it's not -- they're not there all day. CHAIRMAN STRAIN: Anybody else have any questions? COMMISSIONER MURRAY: I would make a comment that I agree with you. While I understand that may, if this were to go forward that way, may eventuate that way, it's not really good planning. Why do we not -- what obstacle have we run into that you don't have that agreement with your neighbor? MR. YOV ANOVICH: I'm sorry') COMMISSIONER MURRAY: That's okay. What obstacle have we run into that you do not have an agreement with your neighbor before the fact so that you know that you can do this? MR. YOV ANOVICH: I can't control the speed at which my neighbor works. We are talking to the neighbor. We don't have any issues. We're cautiously optimistic that we'll be able to work it out, but I don't have it done yet, and we don't want that to hold up our ability to go forward with our conditional use. COMMISSIONER MURRAY: I have to agree with Mark-- MR. YOV ANOVICH: I understand his -- I understand his condition. COMMISSIONER MURRAY: It's only logicaL MR. YOV ANOVICH: I understand. COMMISSIONER MURRAY: Okay, then I'm going to have to agree with him then. CHAIRMAN STRAIN: Okay, any other questions of the applicant') (No response.) CHAIRMAN STRAIN: Richard and Heidi, if you've got nothing else, we can hear staff's report. MR. MOSS: Thank you, Commissioner. For the record, John-David Moss, Department of Zoning and Land Development Review. I would just like to add that the application with the conditions is consistent with the Growth Management Plan and the LDC. Page 59 16 ,~~ /1 L September 18, 2008 , -~ " I'd also like to see if you all would clarii)- the new condition of approval that you'd like included, number nine, about delivery times from 10:00 p.m., if we could possibly provide a time when that ends. So from 10:00 p.m. until, would that be 7:00 in the morning, or -- CHAIRMAN STRAIN: What time does the applicant's nonnal deliveries occur? Heidi, do you have an answer to that? MS. WILLIAMS: I think we would be comfortable with 7:00 a.m. as the early limit for all deliveries. CHAIRMAN STRAIN: So I think the sentence you would probably add is that no deliveries will occur between 10:00 p.m. and 7:00 a.m. Does that work for Mr. Schiffer? COMMISSIONER SCHIFFER: Just point out one thing. John, this isn't a number nine, this is actually replacing five. MR. MOSS: Is it adding onto five or completely replacing five? COMMISSIONER SCHIFFER: Completely replacing five. CHAIRMAN STRAIN: The language that you've introduced on the second page of your report would replace the five on the first page and it would have the additional sentence we just talked about. Is that right -- MR. MOSS: If everyone would look at Exhibit D that's attached. This is the list of conditions that's going to be attached to the ordinance that's going forward to the BZA. lfwe eliminate number five, it's going to cause concern I know for the resident who sent the letter saying that he didn't want any trucks -- CHAIRMAN STRAIN: No, we're not eliminating munber five. MR. MOSS: Okay, so we're not eliminating it. CHAIRMAN STRAIN: Number five on the conditions, Exhibit D, remains as you've written it with the exception n I was talking about your first two pages. You'll now add to that number five no deliveries between the hours of 10:00 p.m. and 7:00 a.m. MR. MOSS: Okay. CHAIRMAN STRAIN: That would take care ofthat on your Exhibit D. Is that right, Brad? Does that get you there? COMMISSIONER SCHIFFER: Hold on, though. My handout has a different Exhibit D. Yeah -- okay. Yes, yes, I'm sorry. CHAIRMAN STRAIN: We would add to that no deliveries between 10:00 p.m. and 7:00 a.m. COMMISSIONER SCHIFFER: Right CHAIRMAN STRAIN: Okay, that gets us past number five. Mr. Murray? COMMISSIONER MURRAY: I would have to ask, how far away is Falling Waters, the first residence in Falling Waters from that area? MR. MOSS: Ifwe can put up the site plan again, you could see it there. COMMISSIONER MURRAY: I'll get you real quick to the idea that I have as a question. You have bigger n you're going to have bigger than -- you're going to have travel trailers n you're going to have tractor trailer type of vehicles. They run their diesels on a common -- you know, they commonly -- they don't shut them off, okay, and they could be noisy. So I wonder, how far are we away from the first residence over there? MR. MOSS: I don't know the exact distance. I know that there is going to be a wall separating this use from the multi-family residential that exists there. And they will also have the transitional screening too. COMMISSIONER MURRAY: Yeah, I don't like to, you know, put a hammer on commerce, but I think we have to strike a balance there. I wonder if7:00 a.m. is reasonable. Those are mostly retirees in that area. I don't know why they have to be woken up at 7:00 a.m. I don't know, is 7:00 a.m. a fairly common -- CHAIRMAN STRAIN: I think so, Bob. COMMISSIONER MURRAY: Well, I won't object to it too strenuously, but I thought 7:00 a.m. seems early. But on the other side, older people like to get up early, so maybe we'll go that way. CHAIRMAN STRAIN: Okay, are there any-- COMMISSIONER SCHIFFER: Let me say one -- CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: And it might cure even Bob's concerns. One of the problems I really do have is you're not really showing us where the door is, the delivery door. And that would matter. For example, ifit is the closest part ofthe building to Falling Waters, maybe the concerns Bob has are connect If it is Page 60 16/1 A 4 September 18, 2008 on that side between the two buildings, I would never worry about it at any hour. So the point is you -- and I know I guess you don't know it. Are you in for an SDP now? MR. YOV ANOVICH: Not yet. COMMISSIONER SCHIFFER: Okay. That's rare. MR. YOV ANOVICH: But remember, the -- well, it's a conditional use and we're tied to a developer contribution agreement and all that stuff. But remember that you'll have the building itself serving as the buffer for the truck, because the truck will be on the side adjacent to the building, so you'll have the building itself serving as the buffer. COMMISSIONER MURRAY: You're sure that it's not going to be on the other side? MR. YOV ANOVICH: When we went through the last time we committed that the trucks could not park -- where's the site plan? The site plan? We committed that the trucks could not park here the last time. It was always here. It was just a question of what size of the truck. And that's all that really we're back for is the size of the truck. COMMISSIONER MURRAY: How about fUrther on the long side of the building in the back there? MR. YOV ANOVICH: Back here? COMMISSIONER MURRAY: No, sir, go up further. In the back. Bring your pen up. There. In that area there. MR. YOV ANOVICH: We committed to the parking of the truck here the last time. COMMISSIONER MURRAY: That's fine. I didn't remember that. MR. YOV ANOVICH: You remember it that way, Mr. Strain? CHAIRMAN STRAIN: Yeah. In fact, it's nice that Bob brought it back up because we can add the following criteria: The delivery entrance will be limited to the side facing 951 or the side facing south towards tbe existing pharmacy. And you've got either the front or the south of the building, but not the back. MR. YOV ANOVICH: Well, I mean, if the truck is parked here, does it matter if we have a door here that people are actually going in and delivering the stuff to? CHAIRMAN STRAIN: No, but then if the truck -- if the door is back there, what's to stop trucks of any size moving to the back to unload if they can get away with it? Why don't we just make sure your door isn't back there, then we never got to worry about it. MR. YOV ANOV1CH: You know, I'm not an architect, I don't design buildings. I'd just hate to already design the building at zoning stage when I just don't see that as an issue when we're going to be limiting where we're parking. CHAIRMAN STRAIN: Well, anybody on the board concerned about it? COMMISSIONER MURRAY: I am. CHAIRMAN STRAIN: Well, what about possibly limiting the parking for delivery trucks to those two sides? MR. YOV ANOVICH: That's what we had agreed to last time. CHAIRMAN STRAIN: It wasn't in here, I know-- MR. YOV ANOVICH: I know, but we did -- okay, that's fine. But I mean -- COMMISSIONER CARON: It was discussed. I don't know why it didn't make it in as a stipulation. And I don't have the minutes, so -- CHAIRMAN STRAIN: So parking for delivery vehicles would be limited to the side facing 951 or the side facing south towards the existing pharmacy. MR. YOV ANOVICH: Yes. I had to think about the directions-- COMMISSIONER SCHIFFER: I think that's fine. Rich's point is if they put the door itself on the other side, they can wheel around and go into it without a problem. CHAIRMAN STRAIN: But the parking and the truck noise that Mr. Murray brought up would be limited to those two sides. Are there any other comments, questions ofthe applicant or of staff at this time? (No response.) CHAIRMAN STRAIN: Do we have any public speakers, Ray? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Heidi and John-David, what's going on? MR. MOSS: Heidi just wanted us to clarify the new condition about trucks making deliveries -- or rather not making deliveries from 10:00 p.m. until 7:00 a.m. She just wanted to clarify trucks of any size shall not make deliveries. CHAIRMAN STRAIN: Well, actually, number five, the language we suggested adding would simply say no deliveries between 10:00 p.m. and 7:00 a.m. Doesn't matter. MS. ASHTON: What I was asking to clarify was the trucks of any size. Because you referred in the first sentence to Page 61 16/-1 A 4 September 18, 2008 trucks having more than two axles, and I just wanted to make sure that you weren't limiting the delivery to the trucks to two axles by clarifYing that the trucks of any size shall not make deliveries between -- CHAIRMAN STRAIN: I think the intent was no deliveries. That means period, no matter how -- air freight them in or however you want to -- there's no deliveries between 10:00 and 7:00. COMMISSIONER CARON: So adding that phrase is a good thing. CHAIRMAN STRAIN: Right. Yeah, I think that works. COMMISSIONER SCHIFFER: Or the other thing you can do is put our new last sentence first, which says no deliveries, and then there's a qualifier as the second sentence. Then nobody would be confused to think the qualifier applied to the second sentence, right? MS. ASHTON: So you're eliminating the time limitations of the two-axle vehicles in your first-- CHAIRMAN STRAIN: No, no, what he's saying is number five would start out with the following: No deliveries between 10:00 p.m. and 7:00 a.m. Then we would have the next sentence: Trucks having -- then we would limit the trucks having two or more axles to those hours in addition to the first sentence. MS. ASHTON: Whatever you decide with the motion, I just felt it needed to be clarified that you were talking about trucks of any size and -- CHAIRMAN STRAIN: Brad's suggesting by putting it in the beginning of the paragraph it would take the reference away of the trucks having an axle as a limitation. It simply is the first statement said, no deliveries period between 10:00 p.m. and 7:00 a.m. Then the sentence kicks in about the trucks as a further definition of that first sentence. Does that work for you? MS. ASHTON: Yes. CHAIRMAN STRAIN: Okay. MS. ASHTON: I would just ask that at the end that you read in what your changes are at the very end right before the motion because this is going to the Board of County Commissioners on Tuesday, so there won't be time for it to come back on consent unless that matter gets continued. CHAIRMAN STRAIN: Boy, we're going to be doing a lot of stuff today. This idea of it has to go into consent today, that means you have to have these written up and back to us before we leave today. So can you do that? MR. MOSS: Sure. MR SCHMITT: J.D. will owe me an executive summary as well so I can get it to the board, the fundamental executive summary. Because this is on the schedule. lfyou recall last time-- CHAIRMAN STRAIN: I do now. MR. SCHMITT: -- we kept this moving forward because it was, quote, deemed to be a rather simple change. Nothing's simple. MR. KLA TZKOW: John, use my offices. MR. MOSS: Thank you. CHAIRMAN STRAIN: Okay, here's -- forthe benefit of the planning commission, I think there are three changes we talked about. I'd like to clarifY them for staff, then we can vote on it, then we can get this done for consent review this afternoon. Conditions, one, two, three and four stay the same. Condition five starts out with the words no deliveries between 9:00 p.m. and 7:00 a.m., period. And then we go in with the second sentence after that. MR. MOSS: You mean 10:00 p.m., right? CHAIRMAN STRAIN: 10:00 p.m. and 7:00 a.m., yes, I'm sony. Number six would read: The opening of the easternmost inter-parcel access connection depicted on the site plan shall be contingent upon the agreement by that property owner and CVS Phannacy. Then the next sentence would say: Trucks larger than two axles are not allowed without the use of this access. Is everybody okay with that? (Panel indicating agreement.) CHAIRMAN STRAIN: Heidi, do you understand that? MS. ASHTON: Yes. CHAIRMAN STRAIN: Number seven would stay as written. Number eight would read: No public entrances shall be pennitted on the eastern/southeastern side of the proposed building. Then we'd have an additional sentence that said: Parking for delivery vehicles will be limited to the side facing 95 I or the side facing south towards the existing pharmacy. I s everybody okay with that? COMMISSIONER MURRAY: I am. Page 62 16/f A b. I September 18, 2008 COMMISSIONER VIGLIOTTI: Yes. CHAIRMAN STRAIN: Okay. Those are the conditions of approval. We just modified items one through eight Is there -- well, Ray, we have no public speakers, right? MR. BELLOWS: Correct CHAIRMAN STRAIN: Okay, we'll close the public hearing and entertain a motion. COMMISSIONER KOLFLA T: Make a motion to approve. COMMISSIONER MURRAY: So moved. CHAIRMAN STRAIN: Mr. Kolflat made a motion to approve, seconded by Mr. Murray. Are your motions subject to the conditions -- COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: -- as discussed and amended? COMMISSIONER KOLFLAT: Yes. CHAIRMAN STRAIN: Yes. And Mr. Murray-- COMMISSIONER MURRAY: Absolutely. CHAIRMAN STRAIN: -- yes. Okay. Any discussion? (No response.) CHAIRMAN STRAIN: All in favor of the motion, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. All those opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. This will come back for consent after -- this afternoon after we hear the others that are coming back for consent. COMMISSIONER KOLFLA T: Mr. Chairman? CHAIRMAN STRAIN: Yes, sir. COMMISSIONER KOLFLA T: Don't we need the consent form? COMMISSIONER CARON: Do we need to redo our conditional use forms? CHAIRMAN STRAIN: Because if you do, we don't have them, because they were in the other packet MR. BELLOWS: I don't believe you need to do it again. This was just a clarification of the other approval that you did back on the original August 7th hearing date. CHAIRMAN STRAIN: The Petition No. CU-2007-AR-12419 remains the same, but the dates of the hearing would be different than the dates we signed those conditional use -- MR. BELLOWS: I think we will explain in the executive that it was approved on August 7th, it came back for clarification on the axle issue today. MR SCHMITT: It's already in the executive summary. It's already explained. It also explains that staff will present the results of this meeting verbally to the board on Tuesday. CHAIRMAN STRAIN: Mr. Klatzkow, do you have any -- is that acceptable') MR. KLATZKOW: Yes, sir. CHAIRMAN STRAIN: Thank you. Okay, with that we will go on to -- well, we're taking a break at 2:30. Item #9H PETITION: CU-2007-AR-12357, FIRST CONGREGATIONAL CHURCH OF NAPLES CHAIRMAN STRAIN: Next petition is CU-2007-AR-12357. It's the First Congregational Church of Naples, presented by Wayne Arnold. And the address is 6225 Autumn Oaks Lane. Page 63 1 (' ""1 ~'1<1 :) .'j d 'l (1.,.' If ;' ;.. September 18, 2008 All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRMAN STRAIN: Are there disclosures on the part of the planning commission, anybody? (No response.) CHAIRMAN STRAIN: Well, I've had meetings with Me Arnold, I've had meetings with the various members of the church and their representatives, talking about all aspects of this project, all of which we will certainly be talking about this mommg. Okay, Mr. Arnold, it's all yours, sir. MR. ARNOLD: Thank you. For the record, Wayne Arnold. I'm here representing the First Congregational Church of Naples. With me is Mike Delate from our office. You'll notice that Tim Hancock didn't stand to be sworn, but he's with Davidson Engineering, and they're actually doing the site development plan for this project, so they're -- depending on some of the questions you may have, it may be necessary to have Tim talk about those. Otherwise we have Reverend Wicker and Roland Fandessi, both -- the Reverend and one of the church elders here representing the church. Most of you may remember this, it came before you as a comprehensive plan amendment. It was a specific amendment for this site to allow this site to be used as a transitional conditional use. And that would have been for the church use that we're back before you today. As we've progressed through the process, we have entered into the conditional use application for the church. The conceptual plan has been modified several times, and some of those revisions have been at our request, and others, because we have been working closely with your transportation staff, if you recall, to deal with this extension of Vale wood Lane South, and it would have been an Oaks Boulevard reliever through Autumn Oaks Lane. Those details have progressed, and we now have a very specific design plan, with sidewalk locations and comer clips that are required in that right-of-way reservation area known. So the site plan's corne a long way, and the church actually engaged Davidson Engineering to perform and develop that site development plan for them. So the conditional use plan that you see in your packet today is vel)' specific and maybe a little bit more detailed than you normally see for a project of this type. Again, we've met with the Oakes Neighborhood Association on a couple of different occasions. And I know that the church members have had ongoing dialogue with them. We have had our neighborhood informational meeting and we held that at the Baptist Church on Oakes Boulevard. And I think we had two people in attendance at that last meeting. I understand that the Oakes neighborhood may have a representative here, but I don't see them. It's my understanding that they're supporting the application. Again, the application, specifically we requested to have a 300-seat church. I know that one of Mr. Strain's questions that carne up yesterday was the actual size of the church building itself. The reference to 300 seats has been consistent from day one but the size of the church building has morphed over time", the church carne further along with their plans. I think the plan has most of the basics that you normally see. Our access will be off Autumn Oaks Lane. At one point in time we had contemplated accessing the Valewood extension road, but that's going to be u it's my understanding we'll have a median divider so we wouldn't have access to the north anyway. So it only makes sense to go out the Autumn Oaks Lane. The neighborhood has seen that and they offer no objection, to my understanding. I'm here to answer questions that you may have. There's really not a lot of detail to be discussed here. We don't have an immediate neighbor, we don't have neighbors that are concerned. And I don't think there are any other letters for the record. I had heard that one ofthe residents may have written a letter. I've not seen it So ifl'm mistaken, hopefully Melissa Zone can correct that record. CHAIRMAN STRAIN: Ray, could you put the site plan on the overhead while we're asking questions? Just makes it easier to visualize. Any there any questions of the applicant from the planning commission? COMMISSIONER SCHIFFER: I do. CHAIRMAN STRAIN: Mr. Schiffer? COMMISSIONER SCHIFFER: Wayne, on the site plan, and you can see it -- I'll tell you what -- see if Ray u see the way the striping is on Autumn Oaks Lane? How do people who are going eastbound u do they cross that striping to get in? MR. ARNOLD: I think you would. I'm not sure that there's -- there's no divider there. I think that's just a representation of the lines and the turn lanes that will be there to feed that northbound traffic. Page 64 16r111 4 September 18, 2008 COMMISSIONER SCHIFFER: But they'll be painted solid. You're not legally supposed to -- MR. ARNOLD: It will allow crossing. Mike Delate has been working with your transportation staff. And it's my lll1derstanding that that eastbolll1d movement would be allowed out of the church onto Autumn Oaks Lane. COMMISSIONER SCHIFFER: I'm worried about getting into the church, not out of it. In other words, I'm coming down Autumn Oaks Lane. I see where I can set up to go north on Valewood, but essentially I'd have to cross those painted stripes to get in. MR. ARNOLD: To make your left turn into it if you were coming in-- COMMISSIONER SCHIFFER: Right. MR. ARNOLD: -- from Oakes Boulevard to the west. That would be an allowed movement. Keep in mind the volume and the peak hours for the church are Slll1day morning, so it's off-peak for your normal traffic flow. COMMISSIONER SCHIFFER: But you will paint it that way? I mean, isn't that -- you're not allowed to cross solid lines I thought anyway. CHAIRMAN STRAIN: Well, let's get transportation to respond to you. Nick, or if somebody could answer the question, we'd sure appreciate it. MR. CASALANGUIDA: For the record, Nick Casalanguida, Transportation. Traffic coming down south of Vale wood is a free-flow movement, it's not stop controlled. Traffic going west down Autumn Oaks is stop controlled. Traffic heading east on Autumn Oaks is not stop controlled. So the traffic control is set up so that the movements south can move freely and the movements west, east -- east to west can move freely but from west to east cannot, they would be stop controlled. That line is just the property line that's shown on that sketch, it's not the actual striping line. CHAIRMAN STRAIN: No, I think what Mr. Schiffer is trying to ask is see the diagonal lines on the western property line where it meets the center line of the road? Those are like an island -- diagonal island. I know it's not an island, but those diagonal lines, people would have to cross those to make a left turn into the driveway ofthe church. And he's asking if that's a permittable -- MR. CASALANGUIDA: No, those would be gored back Those would be taken out and moved back COMMISSIONER SCHIFFER: Okay. My next question maybe Nick can answer too. Is this Valewood lined up perfectly with the Valewood across the way? MR. CASALANGUIDA: It is. COMMISSIONER SCHIFFER: Okay. I have a question for Wayne, but while Nick's there, if anybody else wants to talk to him -- CHAIRMAN STRAIN: Anybody else have any transportation issues at this time? (No response.) CHAIRMAN STRAIN: No? Thank-- COMMISSIONER CARON: Yeah, I have-- CHAIRMAN STRAIN: Hang on. Ms. Caron? COMMISSIONER CARON: I have a question. In this document it says that you want to waive the need for required preserves on-site. Is that usually your bailiwick? MR. CASALANGUIDA: No, it's not. The memorandum was done in coordination with the planners. And I've talked to Mr. Schmitt, there is provision in the GMP to do off-site preserves when a site is tight. Yeah, off-site mitigation. COMMISSIONER CARON: Right, llll1derstand. But the way it was worded in here, it sounded like you were making that determination for -- MR. CASALANGUIDA: No, ma'am. COMMISSIONER CARON: Okay, thank you. CHAIRMAN STRAIN: Mr. Koltlat? COMMISSIONER KOLFLAT: Yes. On Immokalee Road, the LOS is E, correct? MR. CASALANGUIDA: It's actually existing right now F by board commission because we have restriction due to the interchange construction. COMMISSIONER KOLFLAT: Then it also says in the report that this is expected to fail by 2013. MR. CASALANGUIDA: Well, in that report we have a constrained four-lane facility in that area because we purposely did that knowing that the interchange being constructed by DOT was going to take a while. When that interchange is fully open we have an eight-lane section there, and six-lane Immokalee Road there will be okay in front of this project. Page 65 1611 J.\ 4 September 18, 2008 COMMISSIONER KOLFLA T: When is the project supposed to be completed? MR. CASALANGUIDA: An FDOT project, they're telling us about 20 months from now. COMMISSIONER KOLFLA T: And the expected operating -- or Certificate of Occupancy of the petitioner is what? What is their schedule? MR CASALANGUIDA: I would imagine they're 20 months out as well, too. We didn't tie this to the CO. They're working with us for the right-of-way to make an improvement where we would be able to pull traffic away from the existing Oakes signal and move it to the east So this project in coordination with them is actually making things better out there. COMMISSIONER KOLFLA T: But you're satisfied that there will be no traffic problems up in this area with this petition? MR. CASALANGUIDA: And as pointed out -- the answer to that is yes. And this is off-peak type uses, a church. And Immokalee Road in that area is set to cany peak traffic, not off-peak traffic like a church like this. It will be fme during the off-peak hours. COMMISSIONER KOLFLA T: Thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Any other questions of transportation at this time? (No response.) CHAIRMAN STRAIN: Okay. Thank you, Nick. Questions of the applicant? Mr. Schiffer? COMMISSIONER SCHIFFER: Yeah, Wayne, the size of the church is a problem. Your ground coverage, you're saying that the building is going to take up around 11,000 feet Obviously I see some stairs, so there's mezzanines and stuff that could be taller. But I assume these are one-story buildings to the side, the church itself is a tall one-story building with a mezzanine. MR. ARNOLD: It's not an extremely tall building. But I know that there was a question, I think -- I wasn't involved in that conversation. I think Mr. Strain had a question for the church itself about the steeple height But the building itself, I haven't seen the latest iteration ofthe building plan, but I know that we've got one in the room and I can look at it But I think there's only a mezzanine level. I don't believe it's a full two-story type building. COMMISSIONER SCHIFFER: But what is the -- in other words, if your ground coverage is 11,000 feet, how big is this church? MR ARNOLD: Maybe I'm not quite understanding the question. Are you asking the total square footage of the building? COMMISSIONER SCHIFFER: Yes. MR. ARNOLD: Mike Delate just corrected me, there's a portion that's two-story. But the total building square footage is a little over 12,000 square feet COMMISSIONER SCHIFFER: Then something's wrong with your impervious calculations. When Mike said there is a two-story part, what part was he referring to then? MR. ARNOLD: Just give me one moment to look at the plan, Mr. Schiffer. MR. DELATE: For the record, Mike Delate. It's just a little bit of the area, the mezzanine area in front ofthe chapel portion of the church. COMMISSIONER SCHIFFER: Okay. That's -- okay. When you did your parking calculation, you did it solely on the seating capacity. A building that big, is there any other calculations you've done as to what the required parking would be? MR. DELATE: The county only requires for church facilities to use the primary principal use when calculating parking facilities. Because the other uses will not be used coincidentally with the chapel use. So it's rare if ever that they have coincidental use. COMMISSIONER SCHIFFER: So the greatest load will be the 300 seats. MR. DELATE: Correct COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Other questions ofthe applicant at this time? (No response.) CHAIRMAN STRAIN: Wayne, I've got a few questions. Do you intend to have any day care at this facility? MR. ARNOLD: No, sir. Page 66 161J. Ii 4 September 18, 2008 CHAIRMAN STRAIN: So you have no problem restricting day care as a non-use. MR. ARNOLD: I guess I would only distinguish -- there wouldn't be an independent day care use, but certainly child care as part of a service is not an issue. I don't think it is for any other church. Is that where you're headed with that? CHAIRMAN STRAIN: Well-- MR. ARNOLD: A lot of churches have a child room so that when you're conducting your service-- CHAIRMAN STRAIN: I just don't want -- if you want a day care service, a conditional use needs to represent that, and you haven't. MR. ARNOLD: We did not request a separate conditional use for day care. CHAIRMAN STRAIN: Okay. Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Just to question that. But they would be allowed after school care and stuff like that, right? MR. ARNOLD: After school care? I don't think so. I think the type of -- somebody from staff can correct me if I'm wrong, but it's my understanding that you can ask for a separate conditional use for day care, we could ask for a separate conditional use for a church, but the only type of child care that would be conducted here under our application would be in conjunction with the church service itself, not a separate independent function. COMMISSIONER SCHIFFER: It's too bad, because that helps a lot of working families. But your choice. CHAIRMAN STRAIN: My next question would be the number of congregations that you think are going to use this church. MR. ARNOLD: That I don't know. I can ask Reverend Wicker ifhe has any idea. Right now they don't own and utilize their own facility for their services, so presently they probably don't share with any other congregation. But I know we had this discussion earlier that it is the mission of a lot of churches to help other congregations get off the ground, so they can share space. But J don't think we have an answer, the number of congregations that could use it. CHAIRMAN STRAIN: Because this is looking for a conditional use specific to an area that has limited their conditional uses, namely Golden Gate Estates. This is more residential and sparsely density area. This has a different level of problems if they're going to have more than their congregation using it. This is exactly the scenario that has been experienced with the Jehovah's Witnesses on Golden Gate Boulevard that has caused problems for that neighborhood in regards to their objection. So I want to make sure there's no problem limiting the use of this facility to that congregation. And if you want to find that out, you need to do so when staffs making their presentation. MR. ARNOLD: I will do that. CHAIRMAN STRAIN: Okay. And hours of operation, we just had a church come in offlmmokalee Road and -- I don't know ifthat was Estates zoning but a similar rural zoning, and they went ahead and limited their hours of operations to the uses they needed. They spelled them out. I'm wondering what the uses and hours of this church are. We'll need to have the same consideration, I would assume. MR. ARNOLD: I'll need to have that conversation with the Reverend. And I can get back with you when we get a moment to discuss that with them. CHAIRMAN STRAIN: Okay. I notice in the staff report, Page 7 of8, that there's apparently going to be a memorandum of agreement. Are you aware of that? MR. ARNOLD: I am. A copy of that draft is in your agenda packet. CHAIRMAN STRAIN: But memorandum of agreements, do they normally come before the planning commission? I don't remember that kind of animal before. MR. ARNOLD: No, this was something that's been and is being negotiated primarily with your transportation department. Davidson Engineering has taken the lead on this in drafting this agreement with -- on behalf of the church, obviously. And it's our understanding that it will likely be accepted by the Board of County Commissioners at the time that the right-of-way agreement is also fmalized. CHAIRMAN STRAIN: Is the process of requesting a deviation to our Land Development Code something that can be accomplished through a memorandum of agreement that doesn't go before this board, a process that's acceptable to the county? MR. ARNOLD: Are you speaking specifically to the condition regarding off-site preserve? I'm not-- CHAIRMAN STRAIN: No, I'm speaking to the reference in the staff report that says the memorandillll of agreement is requesting an LDC deviation. So why don't you tell me which one is the deviation that you're asking for through a memorandillll of agreement. Then I'd want to know from staff or from legal how that's possible through that process, and what process should be followed ifthat's what you're trying to seek. Page 67 16fl1i q September 18, 2008 MR. ARNOLD: I'm not certain that there is a deviation contemplated in the eight current points of the memorandum of agreement, Mr. Strain. CHAIRMAN STRAIN: Okay. Well, that would be good. I just want to-- MR. ARNOLD: So I agree with you, there are certain administrative deviations that staff can deal with regarding fences and walls. One example, some signage things. But no, any other deviation is not an acceptable method to come through the conditional use. It would come back to you either through a variance or a formal deviation request, if this were a PUD. CHAIRMAN STRAIN: On that memorandum of agreement, number one, at the time of SDP review and approval, the established water management control elevation will be set no higher than 10.75 feet NGVD. Why are you putting that in this? Why wouldn't you be subject to the water management criteria at the time? MR. ARNOLD: I understand what you're saying. I think maybe Mike Delate can offer up why we've gotten to that specificity in the agreement that you see before you. CHAIRMAN STRAIN: Okay. MR. DELATE: Although not directly involved with the development of this memo, what's concurred -- or occurred is the consultant that the county's hired has been at a different pace than the development of the site, at least the permitting activity. And some of the conditions up tront needed to be set between the county, Davidson Engineering in this case, and the consultant who's doing the road connection for Valewood Extension. They needed to set the parameters. So some of them have been set forth in this memorandum. CHAIRMAN STRAIN: Okay, so -- Nick, step to the mic, if you don't mind. So Nick, you're saying that your department's requiring the 10.75 feet NGVD and it's going to be consistent with the design of the roadway improvements? MR CASALANGUIDA: Actually, I'm happy to say both the owners of the church design team and the county's consultant design team came up with this memorandum and worked back and forth. They were both looking for specificity as they moved through the design process. So this was worked through Marlene Messam, our design project manager with the design consultant and with Davidson Engineering. So the answer is yes, this number is needed to be in there. CHAIRMAN STRAIN: Okay. I don't know if you'll know anything about this, but somebody might Number two, the water management to serve the church parcel will be required to provide water quality treatment consistent with South Florida standards and will be reviewed by Collier County. Well, first of all, that's a given. It's part -- they have to do that or they don't get a South Florida permit, so I'm not sure why the first sentence is needed. Furthermore, the county has deemed the configuration of the water management area as shown in the master plan to be acceptable. My concern here is we have a standard of 1.5 times water quality treatment I think that's better than South Florida's. So if you limit them to South Florida's, we're not getting what our code requires. And if that's the case, then we need a deviation. MR CASALANGUIDA: I'm not sure that's the fact I think that I'm n CHAIRMAN STRAIN: Okay. Well, I'm trying to find out, so-- MR. CASALANGUIDA: This was met with Stan Chrzanowski in engineering. They talked about it and they went back and forth with the engineers, and that's the language they all came up with, so -- CHAIRMAN STRAIN: Okay, but what I'm wondering is, if the language is current code, which you don't know if it is or not, why is it in here? Because the current code then would then apply. So if it isn't in here, that means something's up. What is it? MR CASALANGUIDA: Sir, I can't answer that question other than to say that four or five designers and county reviewers have looked at this and said this is what we need -- they want in there for comfort for both on their end and the county's end. CHAIRMAN STRAIN: Okay, does number three pertains to anything you're involved with: Offsite discharge of stormwater will not exceed the predevelopment conditions of the site. A pre versus post analysis shall be provided as part of the site development plan process in order to make sure this standard is met. Is that a new standard, a standard part of our current code, a standard required by South Florida, or why is it in here? MR. CASALANGUIDA: It's an existing standard, the pre versus post requirement They just wanted to make sure that they were clear that we would be able to -- that the county would maintain a pre versus post condition and the developer would do the same as well too. CHAIRMAN STRAIN: Well, you know it bothers me when someone has to have a code restated in an agreement because they want to make sure it's clear. And I don't particularly like that, so I'm trying to understand why this is necessary. Page 68 "i , ~ ,1 .t..'.) i ,.,-'''' " .-' 1 A 4 September 18, 2008 Because if I don't see a good reason why it is, it should be stricken. MR. CASALANGUIDA: Again, Commissioner, I wasn't part of the water management negotiations at review, but the two engineers, both from the county and the church, transportation engineering, both CDES and them discussed this and wanted some surety that these are the guidelines we're all going by. Although repetitive, I think it gave everybody a certain sense of comfort that they were doing the same thing. CHAIRMAN STRAIN: Well, I know you can't answer all this. Wayne, do you have anybody that can? MR. ARNOLD: I'll take a -- Wayne Arnold. I'll take a shot at that. And then Mr. Hancock's here and he can add anything that I don't. These issues that are in this memorandum of agreement are there largely because the county needs this right-of-way reservation. Their road will be substantially higher than our site. There are certain factors for water management design that we need to know as we're moving through the design process for this, so that both the road and the drainage work for the road and also for the specific site for the church. So these were trying to codify the tenns of agreement that we needed to make both the road and the church site function. A lot ofthis probably wouldn't have to be here. It could certainly be in a fonn that when the church makes its final commitment with the county to take down this right-of-way reservation area, how those tenns of -- how they come up with the impact fee credits, whether they come up with the sale price or donation, whatever it works out to be, those could certainly be factors of that agreement. But they're integral to the site design. That's the simple answer. CHAIRMAN STRAIN: Okay, that explains the first one that has a specific reference to an NGVD that was an absolute because it's needed. It doesn't explain the general tenninology of nwnber two, nor the general tenninology in nwnber three. Do you have anybody who can tell me why that was inserted into this memorandwn of agreement -- MR. ARNOLD: Sure. CHAIRMAN STRAIN: -- from a design perspective? MR. DELATE: From a design perspective, a lot of this is currently in the Land Development Code but is subject to, shall we say, subjective review. What we wanted to do is have this formalized, so memories that fade over time would have something to refer to as to how this design is going to be reviewed. It's not necessarily all science. Some of it's art. And we wanted to make sure that that art was written down for future use. CHAIRMAN STRAIN: Okay. Is the engineer who designed the water management system here? Were you sworn in, sir? You'll need to rise and raise your hand for the court reporter. (Speaker was duly sworn.) MR. WHITE: Ryan White with Davidson Engineering. CHAIRMAN STRAIN: What's your water quality treatment rate? MR. WHITE: We're providing an inch and a half CHAIRMAN STRAIN: That's alII needed to know. Thank you, sir. Okay, are there any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Wayne, I have one more. MR ARNOLD: Okay. CHAIRMAN STRAIN: It's one I brought up as you pointed out earlier. We have a zoned height in that conditional use, and staff needs to correct me if I'm wrong, but I think it's 35 feet. And we don't have an actual height. I understand churches need steeples. I hope we don't get another one like that one on 951 and Vanderbilt Beach Road where the steeple is bigger than the church. So in that regard, can you tell me what your actual height is intending to be on this thing? MR. ARNOLD: If I can also give you that response after I sit down with the Reverend, because I know he's got a set of the building plans. I'd like to look at those and scale that. They do have an actual design for the steeple. I think it's going to be a little bit over 70 feet. But I'd like to tell you exactly what that is. CHAIRMAN STRAIN: Okay, we'll wait to hear back from you. Any other questions of the applicant? (No response.) CHAIRMAN STRAIN: And Nick, I guess you got something you want to say. MR. CASALANGUIDA: I believe in section four the memorandwn talks about the reservation of the right-of-way. The Page 69 1611 A 4 September 18, 2008 County Attorney has asked us to clarify with the applicant how that reservation will move forward. And I've discussed it with the owners. I would like to read something into the record and then place it on the viewer for an exhibit CHAIRMAN STRAIN: What number are you on? MR. CASALANGUIDA: I believe I'm on four, sir. It should read the owner or its successors and assigns should be required to reserve right-of-way as depicted in Exhibit A. The reserved road right-of-way shall be conveyed to Collier County in fee simple in exchange for impact fee credits. The value of the credits shall be calculated at -- it's blank right now, but it says per acre, which represents the actual cost per acre in which the applicant has paid for the property. The dedication shall occur within 90 days of the approval of this conditional use. So we're actually giving him credit for what he paid for the land and to happen within 90 days. And if you'd like to put that on the viewer and I can enter it as an exhibit. CHAIRMAN STRAIN: We definitely need the language to get into a stipulation format when we get to that point MR. CASALANGUIDA: It's printed out CHAIRMAN STRAIN: Okay. Thank you. MR. CASALANGUIDA: You're welcome. CHAIRMAN STRAIN: Any questions from anyone? (No response.) CHAIRMAN STRAIN: Okay, well, let's have the -- well, you know what, it's getting close to a break time. Rather than have Melissa get up and not have all the questions, why don't we take a break and come back at 2:40. (Short break.) CHAIRMAN STRAIN: Okay, everyone. Welcome back from the break. And we were awaiting Melissa's enlightenment on the First Congregational Church of Naples. MS. ZONE: Thank you, Commissioner. Melissa Zone, Principal Planner with the Department of Zoning and Land Development. As previously stated, that this had went through a Growth Management Plan amendment. And the specific reason why was because this area, though it's zoned Estates, is in the Golden Gate Area Master Plan, which restricts conditional uses on churches. The area did not allow transitional conditional uses. The Growth Management Plan was heard by the Board of County Commissioners and approved, and it is site specific, which it says conditional use for a church or place of worship as allowed in the Estates zoning district is allowed on Tract 22, Golden Gate Estates, Unit 97. So it's specific to this site. It's been through the -- vetted through the public process. County staff has reviewed it for conditions of approval. There are some questions that the commissioners had that I would like to address at this moment. It's related to -- on Attachment D, No.8, which is the memorandum of agreement It is talking about specifically the required preserves for the subject property may be provided off-site through the acquisition of like property and so forth. This provision is allowed in our Growth Management Plan. And staff has this currently in the Land Development Code amendment cycle to be reviewed by this board and hopefully approved by the Board of County Commissioners. And normally conditional uses do not go through the process, nor do you deviate. What you're looking at is, is this site appropriate for a church. We found that this site is appropriate for church through the Growth Management Plan amendment But this memorandum of agreement that was requested by the transportation department was put there because the site is small, there was reservation for the easement for the extension of Va Ie wood. And to make this site work for the applicants as well as for the county, this memorandum of agreement was drafted to make sure that everything is compatible. I talked to our County Attorney during the break, and I don't know, Mr. Klatzkow, if you want to mention anything about number eight, but I know that this was a concern on the board, that hopefully it will be -- the LDC will be approved prior to the construction of this site and that there won't have to be actually a deviation. But ifby chance that it isn't, the GMP does allow for this provision. MR. KLA TZKOW: I don't really have an issue with it It's allowed by the GMP. CHAIRMAN STRAIN: Okay. That's what we wanted to make sure. MS. ZONE: And so if there are any other additional questions. I know that the applicants have come up with height requirements, but I'm going to let them talk about that. I just want to mention one more thing, and it's on -- was with the parking. And Commissioner Schiffer had asked about parking for this site. The county has, in the LDC Section 4.05.04(G), paragraph G, Table 17, church, house of worship, temple, synagogues, Page 70 Isgt!mter 1 ~ 200~ you use three parking spaces for each seven seats in the chapel. Now, on their site plan, which staff has asked, though the application is for 300 seats, the site plan limits them to two hundred and -- let me make sure I read this correctly. It was 290 -- it was 67 seats. I'm looking for that -- COMMISSIONER CARON: Looks like 276. MS. ZONE: Thank you, Commissioner Caron. I was looking for that, reading it frantically. 276. So the site plan has a 276-seat capacity, which the parking calculations do meet that seat capacity. Though they are asking for -- saying 300 seats, I think that it needs to be determined are they doing 300 or are they going with the 276, which staff is asking approval for this site plan, which would then be the 270-seat capacity. CHAIRMAN STRAIN: Melissa, couldn't you simply say not to exceed 3000 MS. ZONE: We could. And if they can't fit it, then they can't go that large, correct CHAIRMAN STRAIN: Okay, that just keeps it a little easier. MS. ZONE: Keep it simple. Thank you, sir. If the board has any questions, I'd be happy to address them. CHAIRMAN STRAIN: Questions of the staff at this time? (No response.) CHAIRMAN STRAIN: Melissa, I have one, and I need an acknowledgement for the record. There's been a -- from the staff report to now, there's been a doubling of the size of the facility, from 6,000 to 12,000 square feet We've heard from transportation and we've heard from the applicant that it's based on -- the analysis basically has been on the 300 seats. I just want to make sure you're consistent with that, that the additional square footage change doesn't have any impacts that you had not evaluated for differently than those of the 300-seat capacity that you evaluated for. MS. ZONE: Commissioner, I checked with all of the staff who did review this. The only impact that it might have could be with the stonnwater. I spoke with Stan Chrzanowski. He could not be here today. But he did say that doubling the size of the building could have a significant impact on the stormwater, but that could be worked out during the site development plan. And they would have to meet the terms ofthe county. So if that size is too large and they don't meet it, then that would be handled through that process. CHAIRMAN STRAIN: If this gets approved today for up to 300 seats -- first of all, I'd suggest we strike any reference to square footage unless we want to change it to 12,000, not to exceed 12,000 and not to exceed 300 seats. But at the same time, even if they got that, if they go in with a plan, because of the size increase it doesn't provide them with sufficient stormwater from a number of different agencies, they wouldn't be able to get a permit, would they? MS. ZONE: Correct CHAIRMAN STRAIN: Okay. MS. ZONE: So in a way, during the SDP process we'll limit them on that area. CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: But is this increase, I mean, one of the reasons that we no longer have on-site preserves? We shouldn't be allowing people to just double sizes of things and then say oh, well, now we can't do the preserves but we know in the GMP it says it's okay, we can do them off-site. MS. ZONE: Right Well, you know, actually, if you look at their site plan, they do show an area for preserves. The reason why this GMP amendment came in to allow off-site preserve and now it's in the LDC process was because of this -- not because of the square footage of the building, but because the site is small and that the preserves are so small that the chances of them maintaining and living will not -- are vel)' fair, there've not good at all. And so having them buy -- or mitigate off-site and add on to another area would allow a better preserve area somewhere else. So it is intended for sites like this, but not because of the square footage. COMMISSIONER CARON: I'm just trying to make sure that's the way it's being handled. MS. ZONE: Correct And it is. It is. Because they don't look at the square footage to base it on preserves. It's the site itself and what's on-site. COMMISSIONER CARON: Because otherwise it is a corruption of what the intent was. MS. ZONE: Right You know, ifthis board would like to limit the size of the square footage or would like to discuss this, staff certainly will support the planning commission. But at this moment we're deferring to what the board deems appropriate. Staffwill be comfortable. Because it has been based mostly on 300 seats. Page 71 16 I 1 A h s'eptember 18, 2ori8 Staff did review, and Commissioner Strain brought up a good point, we were looking at this as one congregation. We did not review this as several. So that is something that could be taken into account for as well. CHAIRMAN STRAIN: Okay, any other questions of the staff at this point? (No response.) MS. ZONE: Thank you. CHAIRMAN STRAIN: Okay, hearing none, Ray, do we have any public speakers? MR. BELLOWS: No one has registered. CHAIRMAN STRAIN: Mr. Arnold, do you have any -- I'm sure you got information we're looking for. MR ARNOLD: I did. My notes reflect that you had asked how many congregations will be using the site, the height of the steeple feature on the -- and if we had hours of operation were the three things that I wrote down. The other was clarification that there was no child care, the note that I had made. And I think we clarified that we did not have child care outside of church services. With regard to how many congregations utilize the site, we had this discussion earlier, and presently they don't have any other congregation. They don't intend to have other congregations. The only issue that came up, and the Reverend mentioned that if we prohibit other congregations from using their facility, what if there was a catastrophe, another fellow church had been demolished, fire, hurricane, whatever, would they not be allowed to outreach and allow another church facility to come in and have temporary services there or something? That's the dO'WTIside of going to limiting them to onc. The other side of that equation is they're fine limiting themselves to one, if that's the pleasure of the planning commission. But I do think there could be an unintended consequence to limit them to only one. CHAIRMAN STRAIN: Well, after what happened with the Jehovah's Witness site, I myself wouldn't want to see that happen again. So the limitation I believe is necessary. MR. ARNOLD: So the limitation wouldn't be to this congregation in the event that the church grew and decided they needed another site, it would be to a single congregation? Is that how that would be -- CHAIRMAN STRAIN: Yeah, just come back in and ask for a modification to their conditional use and they let the public know what they want. And that's how it would be approached. It would be less paper intensive or design intensive operation. It's simply a use request. There's no reason why they shouldn't renotiry the neighborhood of the further scrutiny they'd have on their site, especially from a traffic viewpoint, which hasn't been taken into consideration. So I think in a residential setting like this is, and an exception to a residential setting, it certainly is warranted to request that. MR. ARNOLD: Okay. And that would be an added condition to that, that it would be limited to use by a single congregation? CHAIRMAN STRAIN: Right. And then ifthat is accepted -- ifthat's going to happen, the hours of operation don't become a concern then, because obviously a single congregation can only put so many hours into their single use. So I'm not too worried about the hours of operation after that. What about the height? MR. ARNOLD: The height, we have looked at the architectural drawings, and we don't have a fixed centerline height of Immokalee Road, which is one of your measurements for the actual building height. We do know what the finished floor elevation for the church is going to be, and it's going to be right around 15 feet. So I think we're safe with a maximum height for the steeple feature. So the building we know is limited to the height under the Golden Gate Estates zoning designation. But for the steeple and the cupola that they have on this building, they have a height requirement of about 75 feet would do it. And that would be above the finished floor elevation. I hate to speciry actual height per the Immokalee Road right-of-way because I don't know exactly what that centerline is. Plus we're having another road built that could potentially be a collector road adjacent to us. And then we also have Autwnn Oaks Lane on the other side of it. So if we could speciry the maximum of75 feet for the steeple and cupola above finished floor elevation. CHAIRMAN STRAIN: Brad? COMMISSIONER SCHIFFER: Mark, I did look at the plans after they rescaled it. It is somewhere between 75 and 80 from grade. I mean, I grew up in New England, a congregational church is Christopher Wren steeples, a big part of it. What if we just set it up where from a property line no greater than one to one, which is what we do for a wall on a big box store along property lines, and it be just the steeple itself? They're going to be limited. The cost of a high steeple in Florida is Page 72 1611~ A It September 18, 200S very expensive with the wind load, so they're not going to exaggerate that steeple. CHAIRMAN STRAIN: Yeah, but for simplicity to the public, what's wrong with just saying 75 feet? I mean, you tell the public it's one to one, someones got to go out there will a tape measure, know where the property line is and do all the measurements. COMMISSIONER SCHIFFER: Wayne's point is it's -- well, we would know on the site plan the distance from the proper1y line. Wayne's point is that the 75 feet he wants to measure from grade then, not from -- CHAIRMAN STRAIN: Well, he says above finished floor. MR. ARNOLD: Yeah, the fmished floor would be the measurement at which -- that would be the safe measurement COMMISSIONER SCHIFFER: Okay. CHAIRMAN STRAIN: Anybody else? (No response.) MR. ARNOLD: Finished floor elevation. CHAIRMAN STRAIN: Okay. I don't think there's any more questions. So we've cleared up the day care, we've cleared up the congregations, we've cleared up the height, and we're looking at not to exceed language of 12,000 square feet and 300 seats. MR. ARNOLD: If! could just say that! think that I'd rather not speciry the square footage, if we can get away from that, and just limit it to the 300 seats. And [say that because the plan has morphed. We don't know exactly what may happen with all aspects of the site plan and the building plan as we move through the process. I don't think it's getting bigger. CHAIRMAN STRAIN: Morph it smaller. When this started out, we were told 6,000 square feet, Wayne. That went on for years until yesterday morning at 7:00 when the bomb was dropped, it expanded to 12,000 square feet Now, I don't mind working with anybody, especially if the intensity is remaining the same, but to leave it unlimited, we've not done that before, why would we make that exception now? MR. ARNOLD: Well, if we're going to go square footage, and -- we'll do what you say. But I think the question is we need to make sure it's the right square footage. So if we can have Davidson Engineering pull the exact building square footage off of their site plan so we can insert that, because I would hate to end up that we're 200 feet too small for something they've been working on a design. CHAIRMAN STRAIN: You need to get it done then. I mean, you did a traffic report at 8,450 square feet The discussion yesterday started out at 10,000 square feet and before it ended it was up to 12. So now we've got another number coming in. What's the final number? MR. ARNOLD: Mike Delate just whispered in my ear that we can live with a maximum building square footage of 12,000. CHAIRMAN STRAIN: Okay, fine. Thank you. Anybody else have any questions or concerns? MR. ARNOLD: If I might And the 300-seat maximum stays in there. CHAIRMAN STRAIN: Not to exceed 300 seats. Mr. Bellows? MR. BELLOWS: I had a request that the memorandum of agreement be incorporated into the resolution. Individually, not a separate document. I think those are conditions that are just normally found in a resolution with a conditional use, not a separate document attached to the resolution. CHAIRMAN STRAIN: Anybody have any concerns? Does County Attorney have any concerns? MR. KLATZKOW: No. COMMISSIONER CARON: No. I think I was the one who asked that question, just because it was stated in here that it was going to be an attachment -- MR. BELLOWS: It doesn't need to be -- COMMISSIONER CARON: -- and it's not an attachment So I was looking for it. Ifit was supposed to be there, it was not, so-- CHAIRMAN STRAIN: Well, with that then, let me -- are we all done? Let me close the public hearing and I'll read the stipulations that I have and then we can entertain a motion. MS. ZONE: Commissioner, I just wanted to -- just to veriry that the deviation in the LDC for the off-site preserve is going in front of this board on September 26th, and it is scheduled to go in front of the Board of County Commissioners on October 30th. By the time it gets to Tallahassee and back should be approved by November. So that not necessarily will be a Page 73 "1 J'r 1'1 !r'" c:.;....... '~:.'" < . A 4 September 18, 2008 deviation. CHAIRMAN STRAIN: Have you been on this site? MS. ZONE: I have, actually. CHAIRMAN STRAIN: So have L There's a house there. And the guy that used to live in the house planted a lot of specimen trees he liked. And they weren't really native trees, they were all kinds of weird looking trees. Nice weird looking trees. But there isn't one square foot of preservation worth anything on this property. So to have them purchase something off-site is a real benefit rather than a negative, so -- MS. ZONE: Absolutely-- CHAIRMAN STRAIN: -- I have no problem with that stipulation. Think it's a good thing in a case like this and it's a prime example of when it should be used. MS. ZONE: Right. And it will be approved, we're hoping, by the Board of County Commissioners at the end of October. So to work with the applicants, it will probably be approved before they're in and completed with their SDP process. CHAIRMAN STRAIN: Okay, with that we'll close the public hearing, I'll read some stipulations and then a motion either to work with the stipulations, go with them or whatever. The first one is that there will be no day care outside what is a typical church service allowable as an accessory. Second would be limit the congregations to this particular congregation only. The third would be that the actual height will be limited to 75 feet above finished floor. The fourth would be to limit the square footage utilized on this site not to exceed 12,000 square feet and the seating not to exceed 300 seats. And then the memorandum of agreement that's part of the package will be attached and incorporated into the resolution. Is there a motion? COMMISSIONER VIGLIOTTI: I'll make a motion to approve. 1 just have a question of Mr. Klatzkow. CHAIRMAN STRAIN: Before you ask the question, let's see if we can get a second. COMMISSIONER SCHIFFER: I'll second. CHAIRMAN STRAIN: Motion made by Commissioner Vigliotti, seconded by Commissioner Schiffer. Your motions are made consistent with the stipulations? COMMISSIONER VIGLIOTTI: Yes, exactly. CHAIRMAN STRAIN: And the second? COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Okay. COMMISSIONER VIGLIOTTI: I just have a question. CHAIRMAN STRAIN: Sure. COMMISSIONER VIGLIOTTI: Mr. Klatzkow, we've been getting quite a few churches came before us recently, which is a good thing. And we have more to come. Are we -- or can we catch ourselves in a problem down the road because of restricting hours, restricting congregations, putting restrictions on them, even though it's a conditional use? Could we wind up as a county in some kind of problem down the road? MR. KLA TZKOW: I have always had some discomfort on these conditional uses when it comes to churches. And it would not surprise me if sometime down the road there would be a comt decision that would be adverse to the procedures we take here. Having said that, we have a current code in place. And the ClUTent code has churches being conditional uses in some parts of the county. And as part of that, in order to make them compatible with the neighborhood, certain issues such as times of day that they can be open, the size of the church, everything we1ve been discussing are appropriate for your review. So I guess what I'm saying is we have a duly enacted ordinance, and until it's changed by the Board of County Commissioners what we're doing here is appropriate. Having said that, down the road would it surprise me if a court tossed any of this out? No. COMMISSIONER VIGLIOTTI: So then I was going to say, do you feel comfortable with it, but that's not even that MR. KLA TZKOW: Do I feel comfortable? I've always felt a bit discomfortable when we've had these discussions on churches. But it is our current law. COMMISSIONER VIGLIOTTI: So we can proceed the way we are? MR. KLATZKOW: Yes, you can. COMMISSIONER VIGLIOTTI: Okay, thank you. Page 74 16 r] !' i.;.'" }, ,.,J ,. -""'i~ September 18, 2008 CHAIRMAN STRAIN: Okay, any further discussion? (No response.) CHAIRMAN STRAIN: Motion made and seconded. My. Murray? COMMISSIONER MURRAY: Yeah, I just want to suggest my frustration at the attempts. And while I applaud what you're attempting to do to preserve the neighborhood for peace and quiet, it distresses me greatly that this is an issue. I will support the motion because I want to make sure that this church goes forward. But I feel very uncomfortable about limiting them. What goes through my mind is, as a situation, and I'm sure you would applaud this, just say for the sake of argument we had two or three more congregations got together on a Saturday because they were going to wrap up food and clothing or whatever to be sent over to the military in Iraq or wherever. It's the kind of thing that represents community to me. And that's the contradiction that I'm working with. So I understand clearly what you're trying to do for the general public, and I respect that So there's my little problem. CHAIRMAN STRAIN: Thank you, sir. And it only takes one bad example to cause a problem for the all. And that's exactly why I keep having this problem with multiple congregations uncontrolled. The example's already been set and we have to live with it and some neighbors have to live with it in Golden Gate Estates, and it's highly unfair. So with that, is there any other comments? (No response.) CHAIRMAN STRAIN: Ifnot, we'll call for the vote. All those in favor of the motion as stipulated, signify by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. MR. ARNOLD: Thank you all very much. CHAIRMAN STRAIN: Conditional use papers, please pass them in after you sign them. I'll need to borrow your pen here. Okay, before we go into the Lee County Electric Cooperative, it's 3:00. It's most important today that we fmish up the consent items that are already scheduled for the agenda next week with the BCe. We have four consent items. I'd like to finish them all up now. Mr. Hancock, we're going to have to defer you for a few minutes. I'd like to get past the consent items, so that if we do have to continue at 4:30, we're continuing petitions that hadn't been heard yet, and we can fmish up what's got to go for the BCC by requirement Item #9A (Continued from earlier in the meeting) PETITION: PUDZ-2006-AR-I0294, NAPLES CHURCH OF CHRIST CHAIRMAN STRAIN: So Ray, with that, our first consent item was 9(A). And 9(A) was the Naples Church of Christ on Livingston Road. This was a PUD. And there was a n we had gone through it this morning. I don't know if the applicant's ready to discuss. For their sake, I hope they are. MR. YOV ANOVICH: Nancy, you've seen all this? MS. GUNDLACH: Yes, I have just one minor correction. MR. YOV ANOVICH: On this page is where we showed the change of the principal uses. We deleted the townhomes, and now it starts with the two single-family dwellings. So that's what that page represents. And we've struck all references to the 74 multi-family dwellings. So that's what this page shows, the strike-throughs of all the -- or the deletions. It's not -- this fonnat shows you on the margins what was removed, versus a strike-through and Page 75 16 11 Ii 4 September 18, 2008 underline, So we deleted -- we took the word cwnulative out to make sure it's for the total enrollment of I 50. The next change was we deleted the 74 multi-family residential dwelling units as one ofthe uses that was allowed in this opening paragraph. Since we no longer have the multi-family, we didn't have -- we had that alternative language. It was an either/or before in the previous document that you saw. The former number one was the townhomes. That has come out and become the new number one. And that's just renwnbering for the remainder of that page. There were no changes necessary to the next page of the document, which was the accessory uses for that parcel. Then we got to the third page where we did make some changes. As you'll recall, that was the preserve tract uses. We deleted the and related open space activity. And then we added into the principal uses nwnber three, which was that we had to make sure whatever clearing we did not affect our native preservation calculation. And then when we got over to the next page, under the preserve tract under accessory uses, we again deleted the and related open space activity. CHAIRMAN STRAIN: That's a blank page for us. MR. YOV ANOVICH: I'm sorry, I went too high. CHAIRMAN STRAIN: Thank you. MR. YOV ANOVICH: Okay. The next is the development table, And it is a little tougher to show. But what you can see over here on the margin, that was the deletion of all the references to the multi-family. CHAIRMAN STRAIN: Okay. MR. YOV ANOVICH: And then we get to Page 7 under the footnotes, I believe it was. Again, there was necessary revisions due to the removal of the multi-family. And that dealt with when we had -- well, it's really removal ofthe multi-family setbacks related to that No changes to the development table for the CF tract, since we didn't make any changes to that The master plan we did make the -- we did delete the interconnection. Do we have that handy for me to put up there? MR. ARNOLD: Yeah. MR. YOV ANOVICH: I'll get that for you. But we did remove that On the deviations, the requested deviations, which was Exhibit E, we revised it to say unless the CFR tract is developed by any entity that is not owned or controlled by the church, then the buffer required for the CFR tract will be per the Land Development Code. And then in deviation nwnber three, we made it clear that a wall only along the northern boundary from the preserve tract west of Livingston Road will be required. And I believe that's consistent with the requests of Positano and three of the planning commissioners. CHAIRMAN STRAIN: Could you show us on the map where that's-- MR. YOV ANOVICH: I will. I'll put that up. I'll put the master plan up now. As you can see on the master plan, this was the interconnection that's gone. So we would be required to have a wall from here, which is the preserve, west to Livingston Road. No wall anywhere else within the project And that is all the changes that we've made. And I believe that addresses all ofthe comments. Did I miss something? MR. ARNOLD: I did. MR. YOVANOVICH: You did? MR. ARNOLD: I made a mistake. MR. YOV ANOVICH: You made a mistake? Okay. MR. ARNOLD: Mr. Chainnan? CHAIRMAN STRAIN: Yes, sir. MR. ARNOLD: Could I interject here again? Wayne Arnold. On the Exhibit E deviation page that's on the screen before you, I think we may have left out a word to make that clear. What we had discussed when we took the break, that this is the deviation between the two tracts. And it was my understanding that what we wanted to do was not require a buffer, period, unless the tracts were developed by an entity other than the church-related entity. So I think the way that currently reads, it says, which requires an alternative Type B buffer. It should say, to require no buffer between the CF and R tracts unless the tract I mean, I think that language -- and we can -- COMMISSIONER VIGLIOTTI: Yes, you're right Page 76 16 '1 A 4 September 18, 2008 MR. ARNOLD: Okay. CHAIRMAN STRAIN: Yes, I think that's right. MR ARNOLD: So it should say, to require no buffer between the tracts unless. Okay. CHAIRMAN STRAIN: Where did you address the no formal recreational facilities and no outdoor lighting in that back tract? MR YOVANOVICH: That was back in the permitted use --list of permitted uses. COMMISSIONER VIGLIOTTI: Ball fields? MR YOV ANOVICH: Thank you. And we had put -- I'm sony, I forgot to mention that one. Under the permitted uses we have parking, water management, recreational uses accessory to the church school. And then we said no ball fields, courts or similar recreational uses may be constructed. No outdoor recreational use shall occur -- may occur, I'm sony. It should say no earlier than sunrise and not beyond 9:00 p.m. That's how we addressed that. Since we're not allowed to do any formal ball fields. CHAIRMAN STRAIN: Right. But the restriction was -- I mean, you're allowed to -- you were talking about if people wanted to go out there and throw a football around or run around. MR YOVANOVICH: Right. CHAIRMAN STRAIN: And that's fme, I think everybody's understanding that. But I heard the gentleman specifically say they were concerned about formal recreational facilities being constructed on the site with outdoor lighting, and you agreed you wouldn't be doing that. I didn't see the language in here. MR. YOV ANOVICH: Well, we said no ball fields, courts or other similar recreational uses may be constructed. MR. ARNOLD: If I might interject again, Mr. Strain. We actually in a previous iteration ofthis had the word no lighted. But then as Rich pointed out, if we said that you couldn't have lighted, did that imply that we could build unlighted. And that wasn't the case either. So we felt that this as written reflected that if we couldn't build the ball fields anyway, then we wouldn't have lighting. Plus with the hour restriction to 9:00, I don't know that we would ever end up in a scenario where lighting would be necessary, to be honest. But again, I think we can -- if there's a better way to clean that up -- because we don't need outdoor lighted recreational facilities. That's -- CHAIRMAN STRAIN: Why don't we just simply say there will be no outdoor lighted recreational facilities? Is there a negative to that? MR. YOV ANOVICH: That's fine. We thought we took care of it by saying there were no formal ball fields being allowed. But if we need to -- CHAIRMAN STRAIN: You didn't say that. You said no ball fields. You didn't say no formal ball fields. MR. YOVANOVICH: Okay. CHAIRMAN STRAIN: Well, that's -- but that was the point that was pointed out. MR. YOV ANOVICH: I understand. But it said no ball field, you know. CHAIRMAN STRAIN: Well, that means you can't put even a ball field where two people go out and kick a ball around then. Do you really want it -- I think the intent was no formal ball fields and no outdoor lighting. Those were the things that would create more noise and more distraction to the people to the north. Now I don't think they -- from testimony I heard, they weren't objecting to a couple people going out there and throwing a football or a frisbee or kicking things around, but I think it was the more formalized facilities that they were concerned about. So you -- you know, you may want to think about better wording. It's up to you. MR ARNOLD: Maybe, if! might, we could simply insert the prior to ball fields to say no formal, if that's the preferred word, to reflect that. And then if we need to add then a phrase at the end that just simply says that we'll have no lighted outdoor recreational facilities, then maybe that makes that very clear. COMMISSIONER MURRAY: No lighted or formal recreational facilities shall be constructed. CHAIRMAN STRAIN: If you go no formal ball fields, courts or other similar recreational uses or lighted outdoor facilities may be constructed, then I think you've covered all the bases. COMMISSIONER MURRAY: No pun intended. MR ARNOLD: And your phrase was no lighted outdoor facilities? CHAIRMAN STRAIN: No lighted outdoor recreational facilities. MR ARNOLD: Recreational facilities. Okay. CHAIRMAN STRAIN: I think that gets us to where we need to be. Okay, Mr. Murray" Page 77 161' A 4 September 18, 2008 COMMISSIONER MURRAY: I'm going to -- at the risk of annoying the petitioner, I'd like to canvas our board to find out whether or not the same constraints still exist with regard to the 74 units that were talked about and deleted. MR. YOV ANOVICH: I appreciate that, but we spoke to the resident of Positano and they were firm on that that they didn't want the residential use. So -- CHAIRMAN STRAIN: Here's something, too. We all know that Mr. Wolfley would have held out for that one. And probably to get this through we may have gone along with it. Ifthe applicant has voluntarily pulled it out against the option ofleaving it in as a conditional use, it still is probably not much different of a process for the applicant to have to come back for an amendment to the PUD to get those added in the future if they find a compatible way to do it, versus ifthey had it as a conditional use and had to come back through the process again anyway. So I think this is probably a good solution, Bob. And -- COMMISSIONER MURRAY: Fine enough for me, if everybody's happy on that. CHAIRMAN STRAIN: Me. Schiffer? COMMISSIONER SCHIFFER: Just a minutia thing. Rich, in there you described earlier a concrete fence you wanted to build, yet in the thing you put in there it said concrete or masonry walls. Do you want to add the word fence, just to make sure you Ire not -- MR. YOV ANOVICH: Yeah, we talked about that. What did we decide on the wood fence? COMMISSIONER SCHIFFER: I didn't say wood. I just said -- a fence is a post and panel construction. A wall is bearing continuously along the bottom. MR. ARNOLD: I think the way that the condition is written as we've -- I shouldn't say condition, but deviation, it clearly says that we are required to build a -- I think it says concrete or masonry wall from our preserve tract westward to the Livingston Road right-of-way. COMMISSIONER SCHIFFER: Okay. So you don't want to do the concrete fence" MR. ARNOLD: No, I think it's a-- MR. YOV ANOVICH: How about we put wall or a fence. MR. ARNOLD: Concrete wall or fence? COMMISSIONER SCHIFFER: I think I would put concrete, period, masonry -- I mean, you can't make a masonry fence -- comma, wall, and fence -- or fence. CHAIRMAN STRAIN: I think if it's concrete, it really doesn't matter whether you want to call it a wall or a fence, it's going to work. COMMISSIONER SCHIFFER: They are two different entities, especially in the building code, so-- CHAIRMAN STRAIN: Mr. Kolflat" COMMISSIONER KOLFLA T: Yeah, I might have misheard you, but you mentioned that wall is going west of Livingston. You mean up to Livingston -- MR. ARNOLD: I'm sorry, west to Livingston. If I misspoke, I apologize. West to Livingston Road. CHAIRMAN STRAIN: Anybody else have any questions? (No response.) CHAIRMAN STRAIN: Okay, does staff, the County Attorney's Office, everybody involved with the consent issue, understand the changes and corrections made here today? Because this will be the last chance we have to change or correct anything before it goes to the BCC. Nancy, is this yours? MS. GUNDLACH: Good afternoon, Commissioners. Nancy Gundlach for the record, Principal Planner, Zoning and Land Development Review. I understand your conditions. Thank you. CHAIRMAN STRAIN: Okay. And the panel would be comfortable with this as a consent then? If there is, I need a motion. COMMISSIONER VIGLIOTTI: I will. CHAIRMAN STRAIN: Mr. Vigliotti made a motion. COMMISSIONER VIGLIOTTI: I'll make a motion to approve with the changes that we've all discussed here now. CHAIRMAN STRAIN: Is there a second? COMMISSIONER SCHIFFER: (Indicating.) COMMISSIONER MURRAY: Second. CHAIRMAN STRAIN: Seconded by -- well, Me. Schiffer had his hand up first. Page 78 16 I s~Pte~er l~ 2008 Mr. Vigliotti, you want to -- COMMISSIONER VIGLIOTTI: Yes, I want to add something. I'm voting for this, I made the motion. But I'm just concerned and I want on the record that I'm concerned about putting restrictions on churches in the future. But I'm okay with this. CHAIRMAN STRAIN: Well, and since Mr. Vigliotti wants to put something on a motion, I want to tell you I'm concerned if we didn't have the restrictions on it. I would then would vote against it. So that would nullifY your objection. MR. YOV ANOVICH: Can I -- CHAIRMAN STRAIN: Anybody else? Mr.-- MR. YOV ANOVICH: Can I express a concern? COMMISSIONER MURRAY: Please do. MR. YOVANOVICH: I would just like to hear from staff that the deviation is consist -- I would like to know ifit is or is not consistent with their recommendation. I hope it is, because it changes where we go with -- I think we would be on the summary agenda if we don't have any consistency (sic) with the staffrecommendation. CHAIRMAN STRAIN: Ray, when Joe was here it was different, and he said that they would -- you would actually put it on the -- pull it off the consent. Now that they've changed the wall issue, is it enough for you guys not to object to it, or are you still going to take an objectable position? MR. BELLOWS: My understanding is that we've come very close to meeting staff things. And I think what I'd like to see is where we're short of the fence -- Nancy, if you can point that out. MS. GUNDLACH: There is no-- MR. BELLOWS: Do you have the master-- CHAIRMAN STRAIN: You know, from the perspective of the County Attorney's Office, I have a question. So this means if this panel wants to make a recommendation and we're all in cooperation and we're trying to move to the Board of County Commissioners in a unified manner, there's nobody here wanting to pull this, if we disagree with staff, staff can pull it off the summary agenda? MR. KLA TZKOW: I have no control over the staff and the summary agenda. But I think Mr. Bellows would be able to work this out pretty quick. MR. BELLOWS: Yeah, I think we can work it out. I just want to make sure I understand where we're short on the fence. COMMISSIONER SCHIFFER: The preserve. COMMISSIONER MURRAY: Nancy wanted it completely sWTounding. MS. GUNDLACH: Commissioners, there is no fence located -- and keep in mind, all these residences are built right here. There is no fence located along here, along here, here, here. The fence that's proposed is proposed from here to here. CHAIRMAN STRAIN: Did you want to comment? MS. GUNDLACH: Would you like me to -- I can draw it in. CHAIRMAN STRAIN: Well, no, Nancy-- COMMISSIONER VIGLIOTTI: Keep going, keep going. CHAIRMAN STRAIN: -- you got a preserve in the part in the north where the fence isn't going to be. You got a strip of preserve plus a whole bunch of what looks like lmtouched land to the east To the south you got an FP&L easement that looks to be what, 100 or more feet wide, I don't know. And then you got a preserve between that and the houses. What more do we need? MS. GUNDLACH: I conducted a site visit-- CHAIRMAN STRAIN: Yeah, I know, I built the houses there. So did L MR. BELLOWS: Now that I -- for the record, Ray Bellows. Now that I see where the fence is and where it isn't, the preserve area, except for the difference, we can aceept this and go forward on the summary. CHAIRMAN STRAIN: Thank you, Ray. COMMISSIONER VIGLIOTTI: Thank you. CHAIRMAN STRAIN: Okay. Any there any other discussions from the planning commission? (No response.) CHAIRMAN STRAIN: Hearing none, all in favor of the motion, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. Page 79 16 1:1 A h I September 18, 2008 COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you gentlemen for your cooperation today. We appreciate your getting it done so we can get this moving forward. I know you do, too. MR. ARNOLD: Thank you. Item #9B and #9C (Continued from earlier in the meeting) CP-2007-7 and CP-2006-8 CHAIRMAN STRAIN: 9(B) and (C) are the petitions for Orange Blossom. There was one, 9(B) had some consent stipulations. And 9(C), where are we at with those" MR. SCHMIDT: Coming to you now. CHAIRMAN STRAIN: Okay. COMMISSIONER SCHIFFER: Mark, can I ask the County Attorney something while this is being passed out? CHAIRMAN STRAIN: Oh, sure, go right ahead. COMMISSIONER SCHIFFER: Jeff? MR. KLATZKOW: Sir. COMMISSIONER SCHIFFER: Could somebody from your staff send us a link somehow to that recent court ruling with the Jehovah Witnesses? MR. KLATZKOW: I'll get you the opinion. You won't get -- there's no link involved. You have to-- COMMISSIONER VIGLIOTTI: Can I get one also? MR. KLATZKOW: Yeah. I'll give it to all of you. COMMISSIONER VIGLIOTTI: Good idea. COMMISSIONER MURRAY: That'd be a good idea. COMMISSIONER SCHIFFER: If it's going to be an issue, let's look at it MR KLA TZKOW: It's site specific. Every site's going to be different That's why we go through this process. COMMISSIONER SCHIFFER: And isn't it common for Jehovah Witnesses to share meeting halls anyway? From limited experience I have, that that's part of the way they deal with things. We don't know. MR KLATZKOW: They come to my door, I talk to them. Other than that-- COMMISSIONER SCHIFFER: You don't read the Watchtower then? CHAIRMAN STRAIN: Okay, we're on to consent item 9(B), which was the CPCS-2006-7. It was the first one that we went through this morning. The changes have been passed out to us. MR SCHMIDT: And again for the record, Corby Schmidt with the Comprehensive Planning Department On your visualizer is the top page or the first page where the provisions would apply to both of those parcels in the subdistrict And we've made those changes in accordance with your recommendation. And both transportation staffhas read and agreed to these -- this language, as well as petitioners. Behind -- and again, the most recent changes are appearing in green on your sheets. CHAIRMAN STRAIN: Corby, I think there's enough there, I think we understand the gist ofthe consent Are there any questions involving the consent items that are being presented for the first part, which is the 9(B) item, which would cover us on the first page and down to parcel two on the second page? Any concerns? (No response.) CHAIRMAN STRAIN: Okay, is there a motion to approve this for consent for the adoption process for 2006-77 COMMISSIONER MURRAY: So moved. COMMISSIONER VIGLIOTTI: (Indicating.) CHAIRMAN STRAIN: Me. Murray made the motion, seconded by Mr. Vigliotti. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. Page 80 1 6 I~' A IJ. I September 18, 2008 COMMISSIONER SCHIFFER: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Motion carries. Anybody opposed? COMMISSIONER CARON: (Indicating.) CHAIRMAN STRAIN: Ms. Caron? COMMISSIONER CARON: I'm still opposed to this one. CHAIRMAN STRAIN: Ms. Caron is still opposed. Motion carries 6-1. Now, the second one didn't require a consent item because it was a tie vote. So is there anything else that needs to be discussed on the comprehensive plan issues? MR. SCHMIDT: Just the staff understood that, and we'll split the docwnents apart so you're not reading both when the recommendation does come before the board. CHAIRMAN STRAIN: Thank you, sir. Item #9F (Continued from earlier in the meeting) PETITION: CU-2007-AR-12419, ABC LIOUORS INe. CHAIRMAN STRAIN: Okay, let's move on to 9(F). That one was the conditional use for the ABC Fine Wine and Spirits, CU-2007-AR-12419. Okay, we have a new list of conditional uses, numbers one through nine. The changes we asked for were in nrnnber five. And we asked the first sentence be added no deliveries shall be permitted between 10:00 p.m. and 7:00 a.m. We asked for number six, trucks having two or more axles shall not be allowed without this inter-parcel access connection. And we asked for nwnber nine, parking for delivery vehicles shall be limited to the side of the building facing the CR-95 I or the side of the building facing south towards the CVS Pharmacy. Anybody have any other issues? Mr. Murray? COMMISSIONER MURRAY: Yeah, I'm just looking at number five, and I'm wondering, I thought we got rid of that from the 4:00 p.m, to 6:00 p.m. thingy. CHAIRMAN STRAIN: No. COMMISSIONER MURRAY: Why do we have it there? Explain it to me. It doesn't make any sense to me why we have an interruption in there. MR. MOSS: For the record, John-David Moss, Departtnent of Zoning and Land Development Review. That was as a result of the second NIM. A member of the community showed up and said he was opposed to having trucks operating at rush hour. He felt it would be dangerous for people exiting Falling Waters' conununity, which is adjacent to this development. He was concerned that their view would be blocked of traffic coming through the intersection, if they were, for instance, trying to make a right twn onto CR-951. COMMISSIONER MURRAY: I mentioned earlier about conunerce and 7:00 a.m. And I see that as an estoppel for conunerce and I don't understand that at all. One person I'm not sure should change the whole process. I don't see the point. Okay. CHAIRMAN STRAIN: Mr. Murray, the only -- it may not be a valid point, but if the applicant's willing to provide it, is there any harm done? I'mjust wondering-- COMMISSIONER MURRAY: Well, I don't know whether they're willing to do it or whether or not as a result of that one person we do what sometimes that's said that staff does to people just to move things along. I don't know. What sounds to me or seems to me to be just not right doesn't make sense for me to go on the basis of one individual. Answering your question, I'll accede to it, but not -- I don't believe in it. MS. WILLIAMS: For the record, Heidi Williams. I'll just respond, Mr. Murray, to your concern. Our client is willing to make this commitment because they have several stores and they can just work out the route so that they avoid those times when they arrive at that store. Page 81 , A 4 16 IsJtember 18, 2008 COMMISSIONER MURRAY: Well, all right, that's fine. I thought, though, that this was associated with vehicles of more than two axles. Is that correct? MS. WILLIAMS: Correct. COMMISSIONER MURRAY: Okay. Well, who all controls them? The store doesn't control them. MS. WILLIAMS: Our client is the owner-operator of this business. So they will control the operations that anticipate having semi trucks -- COMMISSIONER MURRAY: I suspect they'll attempt to control it. But inasmuch as interstate conunerce is a matter of time and distance, no one can foresee when a trucker will necessarily arrive, no matter the best efforts to get there. MS. WILLIAMS: Actually, they -- not to be argumentative, but they are the distributor for their stores. COMMISSIONER MURRA Y: That's fine. MS. WILLIAMS: So they can control their route. COMMISS10NER MURRAY: And I thank you for that. I'm not going to go any further. If you're satisfied with that, that's fine. CHAIRMAN STRAIN: Okay. Any other comments on the consent item? (No response.) MR. MOSS: I would just like to add one thing: If you notice on the overhead projector, number six, there's a line drawn. Ad the end of that first sentence it did say the property's owner, CVS Pharmacy. Heidi brought to our attention that CVS Pharmacy is just a lease tenant. And so she asked that we delete that, and so staff did. So I just wanted to make sure everyone was aware afthat other change to number six. CHAIRMAN STRAIN: And the only reason I had mentioned it is to keep it clear what side of the bnilding we're talking about. If you feel that works, that's fine-- MR. MOSS: Oh, no, Commissioner, I think you're looking at number nine now. I'm talking about number six, the frrst sentence of number six, reference the owner of the property being CVS, and they're actually not the owner. CHAIRMAN STRAIN: Understand. Thank you. Okay, are there any other issues on consent? (No response.) CHAIRMAN STRAIN: If there's not, is there a motion to approve the consent agenda item? COMMISSIONER MURRAY: I'll move it. CHAIRMAN STRAIN: Mr. Murray madc the motion. Is there a second? COMMISSIONER SCHIFFER: I'll second it. CHAIRMAN STRAIN: Mr. Schiffer seconded it. All those in favor -- any discussion? (No response.) CHAIRMAN STRAIN: All those in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MlDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposedO (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you. ltem#91 PETITION: PE-2008-AR-13 I 17, LEE COUNTY ELECTRIC COOPERATIVE, INC. (LCEC) CHAIRMAN STRAIN: Mr. Hancock, we have just plowed through the consent agenda items, so let's now move into Page 82 16 (1 A 4 September 18, 2008 Petition PE-2008-AR-13 I 17, the Lee County Co-op Electricive, Inc. (sic) for a 20-parking space employee parking lot in lmmokaIee. All those wishing to testifY on behalf of this item, please rise to be sworn in by the court reporter. (Speakers were duly sworn.) MR. HANCOCK: Good afternoon, bordering on evening, Commissioners. For the record, Tim Hancock with Davidson Engineering. I want to note today that Mr. Y ovanovich has indicated he is neither an architect nor a truck driver, so this day is very special for all of us. CHAIRMAN STRAIN: It will change the next time he's up here. MR. HANCOCK: In this economy he may very well become a truck driver, we don't know. But I'm here on behalf of Lee County Electrical Cooperative Service Center, which currently has a location on State Road 29 in Immokalee. They are a utilities service provider for the majority of the Immokalee community. The exhibit before you is a zoning map in your packet showing the project location. I just want to point out that the site, which is approximately 2.46 acres, fronts State Road 29 and lies extending to the west of29. The property is bordered -- it's interesting, there was a commercial corridor created here, so there was a parallel line to 29 that was drawn that bisects the property, leaving approximately a third of it at the front as conunercial and two-thirds at the back with its RMF zoning. Surrounding the property basically on three sides are mobile homes. And even where we have commercial zoning in one area, there is a mobile home on that property. And that is identified in your staff report. Currently LCEC uses the property as a service center, and the building has been there in excess of20 years. The building is in need of tremendous updating and renovation. It serves its purpose. Finally, Mr. Midney, something in your backyard that you can sink your teeth into. But what LCEC is seeking to do is to really upgrade the service to their customers in this area with a brand new facility on this site that will add drive-through facilities. And as you may understand, in the Immokalee community there is a lot of payment of bills in person. And so this service center gets a lot more traffic than what -- a typical Corneast service center, simply because of the dynamics of the community within which it's located. LCEC is being very responsive to the needs ofthe community and is going to bring this site up to a top notch facility. Part of that process is -- and I'll put the site plan on the visualizer for you at this point. CHAIRMAN STRAIN: Cherie', by the way, are we doing okay with you timewise? Thank you. MR. HANCOCK: The reason for this parking exemption, as you see the site plan before you, has nothing to do with building location or circulation or size or square footage. All of that is okay. But one ofthe functions of the service center is that they have meter reading vehicles that have to go out and read the electrical meters. Typically the employee comes to the site, they park, they go in, they pull their tickets, they come back out, they get in their meter reader vehicle and they go off and do what they need. Yes, sir. CHAIRMAN STRAIN: Tim, you know, this is one of the simpler ones I think we've had in front of us today, and maybe we can shorten our day up by simply asking: Does anybody have any concerns with this issue? Because if we don't, we might just expedite. Mr. Murray" COMMISSIONER MURRAY: I just have a question or two. I'm looking at the staff report. But it relates. It says in here, whether the off-site parking will be used for employee parking. And it goes on to say, by employees only. But isn't that the same area that's occupied at night by trucks? MR. HANCOCK: Yes, sir. But the number of spaces allows the employee vehicles to pull in and park, go inside, get their tickets, come back, get in the truck and go. So it is employee parking and for the service vehicles. Both are acconunodated in the space you see. COMMISSIONER MURRAY: Okay, but my point was, is that it indicates in here as an answer employee parking only. MR. HANCOCK: Well, that means no customers will be utilizing the area, only employees will be utilizing the area-- COMMISSIONER MURRAY: So it doesn't matter if it's their vehicle personally or a truck. MR. HANCOCK: That's correct COMMISSIONER MURRAY: Then the other thing is that under 12, whether there are more viable alternatives available. While I don't disagree with it, the answer doesn't really to my way of thinking provide -- it says proposed site plan appears to be a viable alternative. Page 83 16'1 A 4 September] 8, 2008 That of course is for staff, I think, unless you folks wrote that. MR. HANCOCK: That's Ms. Oeselem's response. We're -- put it a little stronger, we think it's pretty great. COMMISSIONER MURRAY: And I would agree. And I would hope that she would have written it a little bit more strongly too, because it seems that that's where they're already established and that's where they intend to have a structure that -- and the whole bit, right? MR. HANCOCK: If you'll allow me to admonish her later, I'll take care of that. COMMISSIONER MURRAY: Well, thank you, okay. CHAIRMAN STRAIN: Mr. Midney-- COMMISSIONER MIDNEY: Yeah, this is a-- CHAIRMAN STRAIN: -- then Mr. Schiffer. COMMISSIONER MIDNEY: This is a wonderful project that's long overdue. CHAIRMAN STRAIN: Thank you, Paul. Mr. Schiffer? COMMISSIONER SCHIFFER: Question of staff. Just Kay, a question. In the site design requirements, since they are going in excess of the parking, are they required to put the -- or will you make sure they put the double the landscape in that front parking area? MS. DESELEM: For the record, Kay Deselem. I don't know that we have that specifically in here, but I will make certain that it is included. COMMISSIONER SCHIFFER: Okay, thank you. CHAIRMAN STRAIN: Any other questions of the applicant? Mr. Kolflat" COMMISSIONER KOLFLA T: Yes, this is not a major, this is just a minor comment. But I'm trying to identity the number of parking spaces. On this chart here to the left as we look at that chart, those are the 20 spaces that will be off-site, correct? MR. HANCOCK: Yes, sir. COMMISSIONER KOLFLA T: Over on the right side the parking area is indicated there a total of 17. But in your write-up you talk about the spaces necessary for 3,200 -- 616 square feet of building, which comes to be 14 spaces. And then somewhere in the report you also refer to 19 spaces. I'm confused as to how many spaces there actually are over on this east part. MR. HANCOCK: The plan before you shows a total of -- it is 19 spaces. We believe that is adequate, along with the stacking for the drive-through, to accommodate the building as proposed. At time ofSDP, the building square footage may change a little one way or the other. Either way, we'll have to comply with the Land Development Code requirements for parking at this site. COMMISSIONER KOLFLA T: Well, you have plenty of spaces, so there's no problem here of being shortage of space. I was just confused on how you arrived at the totals. MR. HANCOCK: I apologize if there was an inconsistency in our application, sir. The plan that you see before you is what we stand by. COMMISSIONER KOLFLAT: Thank you. CHAIRMAN STRAIN: Okay, are there any questions of the applicant? (No response.) CHAIRMAN STRAIN: Are there any questions of staff'? (No response.) CHAIRMAN STRAIN: Okay, Ray, are there any public speakers? MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Good. Hearing none, we'll close the public hearing and entertain a motion. Mr. Midney" COMMISSIONER MIDNEY: I'd like to make a motion to approve this and send it forward with staff conditions. CHAIRMAN STRAIN: Is there a second? COMMISSIONER SCHIFFER: I will. CHAIRMAN STRAIN: Mr. Schiffer made the second. Discussion? (N 0 response.) CHAIRMAN STRAIN: All in favor, signity by saying aye. COMMISSIONER SCHIFFER: Aye. Page 84 16 / 1 n 4 September 18, 2008 COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 7-0. Thank you, Mr. Hancock. That will have to go down as the easiest staff report Kay's ever done. Item #9J PETITION: NUA-2007-AR-I2575, HITCHING POST CO-OP, INC. CHAIRMAN STRAIN: Now, the next one, Petition NUA-2007-AR-12575. And this is the Hitching Post Co-op, Inc. West side of Barefoot Williams Road in East Naples. All those wishing to testifY on behalf of this petition, please rise to be sworn in by the court reporter. Mr. Murray, you're already under oath. COMMISSIONER VIGLIOTTI: No, no, he's just moving some books around, I think. (Speakers were duly sworn.) CHAIRMAN STRAIN: Okay, disclosures. Any disclosures on the part of planning conunission? (No response.) CHAIRMAN STRAIN: Okay. For the record, something's being handed out to us. Mr. Murray, has this got something to do with this application? COMMISSIONER MURRAY: No, this was Mr. Bosi giving me the opportunity to give it to you. CHAIRMAN STRAIN: We don't need to discuss it or reveal what it is for the record other than the fact that it's an infrastructure and horizon study analysis. COMMISSIONER SCHIFFER: Somehow I got yours. CHAIRMAN STRAIN: You got mine? COMMISSIONER SCHIFFER: Anybody have mine? COMMISSIONER CARON: I do. CHAIRMAN STRAIN: I got Tor's. COMMISSIONER MURRAY: They have names on them? I didn't know. CHAIRMAN STRAIN: Boy, Mr. Murray, Michael Bosi's going to be mad at you. COMMISSIONER MURRAY: Oh, I got my own, son ofagun. COMMISSIONER CARON: I got yours. COMMISSIONER SCHIFFER: Bob, here's yours. COMMISSIONER MURRAY: I knew I could cause trouble if I tried. COMMISSIONER CARON: This is like the Chinese fire drill. COMMISSIONER MURRAY: All I wanted to do was pass something out. MR. HANCOCK: I'm just happy to fmd out it had nothing to do with my petition. CHAIRMAN STRAIN: I was too. That's why I asked. Okay. We've had swearing in. We've got another meeting to open and close yet. We've had swearing in, we've had disclosure. Mr. Hancock, you can proceed with the presentation. MR. HANCOCK: Yes, sir, thank you. Mr. Chairman, members of the planning commission, again, Tim Hancock with Davidson Engineering on behalf of the applicant, which is the Hitching Post Cooperative. The Hitching Post -- before you is an aerial showing the approximate 43-acre site. This is a very unusual case, one you probably haven't seen very much of in the past and hopefully will not see much of in the future. This has been a mobile home park since the early Seventies. '70 or '71 was the earliest I could find. When it was created, it obviously pre-dated our Land Development Code. And as such, there were no platted lots, no lot lines, just a parcel. And then they had internal rules which originally were governed by the state as to how close mobile homes could be together based on fire code and whatnot. And that's how the park operated from that point forward. Page 85 ~ 0 I 1 A 4 September 18, 2008 Into the Nineties, it converted over to a cooperative, which was simply a change in transfer of ownership method. But nothing else changed in the park itself. There were no changes in boundary limits, setbacks or anything. So the park has continued to operate really the same way it has since the early Seventies. The reason this application is before you today is a particular owner of a unit, a neighbor called and complained about their shed. So code enforcement went out and said gee, you didn't have a pennit for the shed, you have to remove it. In the process of removing it, that particular owner says, oh yeah, what about that one and that one and that one. This thing's been around for 38 years. And what carne to light is that there really are no standards for separation between structures for this site, because our setbacks apply to property boundaries, of which this has a perimeter boundary. There are no internal lot lines or boundary lines. So how do you know if a shed or an addition or even a mobile home is too close? And so the purpose of this application, quite honestly, is to create a standard so that future actions will have a measurement to be applied to. And secondly, it's to ensure that the existing mobile home park can continue to function. And I think I can put your mind at ease about some of these issues as we discuss those standards. The key issue before you, and I don't really have a recommended -- or a stated objection to the staff recommendation, but let me kind of point you to the exhibit here on the visualizer. And what we1ve done is we -- we actually had to go out and take some on-site measurements to figure out what it is we have. One of the basic issues is a fire code requirement that there be 10 feet between principal structures. The good news is that has not been violated in the park, it's part of their rules. We have no problem applying that standard. The trickier standard is what about the accessory structures that are attached to the principal structure, how close can they be to each other? In your packet you'll see there's a reference in fire code to three feet. Well, what we found out going through the park is the closest consistent measurement we had was five-and-a-half feet. In other words, there were no accessory structures that were closer than five-and-a-half feet to each other. Or in the case of a carport being added onto a mobile home, there was no less than five-and-a-half feet between that carport and the next door mobile home. So that's a standard that had been carried throughout the park and does not appear to have any conflict with fire code. So we were comfortable in those numbers. And so what we've proposed basically is -- and this was an exhibit that was intended to clear things up a little bit, but I'm not sure we did by its inclusion. But the intent here is that within the park, if we establish a minimum seven-foot front setback to the edge of the roadway, an eight-foot rear yard distance between structures, again which is consistent with fire code, a five-and-a-halffoot separation between accessory structures or an accessory and a principal, and then a 10-foot separation from principal to principal, we have met fire code, we have established a set ofmles and regulations that allows the park to continue operating as it has for 38 years, and quite honestly we can now at least answer the question is that shed or addition legal or illegal, which right now we can't really do. That's the entire basis for this being here. Absent these standards being approved or stricter standards than this being approved, we will in effect create a rampant non-conformity situation within the park, which I think if you can imagine going back and looking for 38 years of building pennits, would be a nightmare. So if we can comply with fire code and we can adopt standards that now will be on the county's books, not just internally within the park, so that investigations can be made and completed if someone should build a structure illegally and what the building separation should be, that's the whole purpose for this application and why we're before you here today. CHAIRMAN STRAIN: Okay, questions? Mr. Murray? COMMISSIONER MURRAY: I have to acknowledge that I'm a little slow here on this. If we have a requirement for a 10-foot minimum between structures, in that rear yard area you have eight feet. Those are principal structures separated by each other? I'm looking at the visualizer. MR. HANCOCK: They are. But the fire code actually culls out a separate requirement between the rear of the principal structures of eight feet. And it is in your packet. COMMISSIONER MURRAY: Yeah, I understand. What I'm getting at-- I struggled with this when I read it. I wondered. And it seems to me if you're trying to establish a fire line, if you will, a space so that fire doesn't jump as quickly, you'd want to do that all the way around. I realize the implications of what I'm saying, I assure you. I remember another mobile home park that we had down there. Page 86 -' A 4 11. I 1 September 18, 2008 But I'm just wondering, in some of the setback areas you want a seven-foot minimum in certain circumstances and an eight in another. Geometry won't work if we were to go to 10 foot all arotmd, would it? MR. HANCOCK: No, sir, it creates a massive non-conformity. And where I don't think it's necessary is a seven-foot front yard setback from the edge of the roadway, the pavement, you still have a 20-foot wide drive there. So you're dealing with a 34-foot separation between the front of a mobile home and the front of another mobile home. So that's an excessive standard. And the rear standard, we comply with fIre code at eight feel, so I felt that that criteria was being met. COMMISSIONER MURRAY: As long as you comply. I have no objections if you comply. I know that if these things ever do go on fire, they go like the devil. MR. BELLOWS: For the record, Ray Bellows. I do have a concern here. The process is for a nonconfonning use alteration, meaning this is a preexisting already nonconforming mobile home park. The process isn't creating a zoning district with setbacks. We're not approving setbacks for this process, we're just allowing and deeming -- and putting on record we recognize this is a nonconforming mobile home park. However, we would like to see the nonconforming mobile home park be able to improve dilapidated trailers where currently the building departtnent would not allow for a replacement trailer because it is a nonconforming park. And under the current LDC requirements for non-conformities, it would not be allowed to do so. The nonconforming use alteration allows for the replacement of trailers, subject to approval and consistency with the fire code. That is why we tailored the stipulations to be consistent with the fire code. We're not approving setbacks with this process. CHAIRMAN STRAIN: Would the improvements that would be applied for be subject to new codes and updated to new codes? Just for the improvements? MR. BELLOWS: Fire codes? CHAIRMAN STRAIN: Any code. Ifthey came in with an improvement to add an addition, would their addition be subject to the new hurricane standards, the strapping, the attachments, all the other good things that are -- MR. BELLOWS: Through the building departtnent, yes. CHAIRMAN STRAIN: Okay. So it would be an improvement overall to the public if this place made improvements and they were allowed to make improvements, because they would be consistent to the newer, more modem codes. MR. BELLOWS: Yes. And that would also include meeting fire codes. CHAIRMAN STRAIN: Right, I know. I just want to -- I want to make sure. Any other questions? Mr. Schiffer, then Mr. Koltlat. COMMISSIONER SCHIFFER: Tim, looking at the sketch that's up there and the requirements ofNFPA 501A, they don't match. So in other words, for example, side to side in 50 I A is 10 feet. You have side to sides at five-and-a-halffeet. MR. HANCOCK: Yes, sir. And that's why -- that was the purpose for my clarification. 10 feet for the principal structure. 4.2.1.1 of 501A states that no portion of a manufactured home, excluding the tongue, shall be located closer than 10 feet side to side, eight feet end to side or six feet end to end from any other manufactured home or community building. The differentiation is -- and this is why I think the recommendation in the staff report is not entirely clear -- is the mobile home separation must be 10 feet side to side, but the distance from an accessory structure to a mobile home, we're listing at 5.5 feet. Under NFP A 50 I A, if you look at 4.4.1 , it states that such buildings or structures are not less than three feet from an accessory building or structure. Now, it says on an adjacent site. Again, we don't have sites, we're instead inserting from one building to the next. So when I say it is my opinion, when you look at NFP A, that the mobile homes are no closer than 10 feet to each other. The accessory structures, as I read it under 4.4.1, could be three feet apart, yet we're showing 5.5, because that's the standard that's been applied in the park. So in essence we would exceed that standard. COMMISSIONER SCHIFFER: Now we don't really define what an accessory structure is. Neither does NFPA, unfortunately. Would you consider, for example, the typical sunroom on the side ofa trailer, is that an accessory structure? MR. HANCOCK: Yes, sir. COMMISSIONER SCHIFFER: Okay. I think you're right. So everything you want to do is really meet this standard. I think one thing I would do is, in here you use the word fIre codes a lot. I would -- instead ofthat, I would refer to NFP A 50 I A and the 2000 edition. The future editions have eliminated these requirements and have gone straight to building codes. You don't want to go there. So I would specify exactly this edition and not use the word fIre codes, use the word as per NFP A 50 I A. Page 87 16'1 A 4 ~e~ember 18, 2008 MR. HANCOCK: I will absolutely agree to that inclusion that the references shall be to the 2000 edition ofNFP A 50 I-A when referring to any fIre related requirements. COMMISSIONER SCHIFFER: And there's no dash, it'sjust50JA. MR. HANCOCK: Again, corrected. COMMISSIONER SCHIFFER: And I think that's the best thing you can do. I give you credit for being able to fmd a standard, a contemporary standard even that establishes these requirements. MR. HANCOCK: This was actually contained. The NFP A were put in by -- at least made available by staff, so I have to give Nancy credit for making thern available. I just read them. CHAIRMAN STRAIN: Mr. Kolflat? COMMISSIONER KOLFLA T: Yes, in the report it states any other setback requirements for principal structures internal to the project site are matters addressed by the mobile home park management or the cooperative. How do they administer that? Do they have a committee that reviews this or is it one person, or how is it done? MR. HANCOCK: They actually have written standards. However, that is the current condition, Commissioner Kolflat. What will happen now is those standards will be revised to incorporate the standards that we are proceeding forward with today. So not only will the county have those standards, much like you have an HOA document, before a mobile home can be replaced they have to go through an internal committee there in the co-op, which is required under the co-op rules. And it has to be approved based on these standards. COMMISSIONER KOLFLA T: All right, your exhibit, attachment number two, do you have a copy of that? MR. HANCOCK: Yes. The attachment two in the staff report, sir? COMMISSIONER KOLFLAT: Yes. Now, this big road here, the main road is a rather heavy traffic road, I assume. It looks like a main road there. MR. HANCOCK: Barefoot Williams Road, it is a higher capacity than in the roads within the park, yes, sir. COMMISSIONER KOLFLA T: But the setback is no greater there than it is on the secondary roads, 10 feet. Is there any reason that the setback for that road because of possible traffic should be greater? MR. HANCOCK: Actually, sir, the setbacks along Barefoot Williams Road are governed by the Land Development Code. Those are true setbacks. What we are proposing today are the internal controls which relates to distance between structures. So along Barefoot Williams Road, the external project setbacks do apply. CHAIRMAN STRAIN: And you meet all those, right? MR. HANCOCK: Yes, sir. COMMISSIONER KOLFLA T: They do on that road rather tban the property lineo I thought they didn't apply to the property line. MR. HANCOCK: I'll be honest with you, I don't -- I cannot tell you whether they do or don't. We did not specifically look at that. COMMISSIONER KOLFLA T: Well, my only concern was is that a heavier traffic road, possibly a greater setback might be warranted. MR. HANCOCK: Well, sir, the problem we have is that a greater setback in essence, because park models have not gotten shorter, a greater setback makes the home irreplaceable. In other words, you're done. When what you're living in gets to a point of no longer being able to use it, you cannot replace it if you increase the setback off Barefoot Williams Road. CHAIRMAN STRAIN: But maybe to get to Mr. Kolflat's point, do any of the standards you're asking for today impact those homes from the front setback of Barefoot Williams Road? MR. HANCOCK: No, sir. They only apply to distance between structures of the adjacent structures internal to the property. COMMISSIONER KOLFLA T: All right, then. Could you look farther on this sketch here. Right about the middle point there is a horizontal road that runs there. Can you see that where it has some notations on the end of the road? MR. HANCOCK: Yes, I believe that's Abilene Trail. COMMISSIONER KOLFLA T: Yes. And that's dead-ended there. See the road dead-ends there? MR. HANCOCK: Yes, sir. COMMISSIONER KOLFLA T: Whereas the other roads have a circular path. If a fire truck was to go down there, there's no space for that fire truck to turn around if it made a mistake in going in the wrong road. MR. HANCOCK: That's correct. COMMISSIONER KOLFLA T: Shouldn't there be some method that that fire truck could make a twn there and come back if it had to? Page 88 16/1 September If 20JJ MR. HANCOCK: The only way you can do that, sir, would be to obliterate the units that are at the end of the roadway. Again, this is 38 years old. This is not a new project where you're starting from scratch. And there's certain things that you're unable to retrofit, and that's why this is a non-conforming use change. In order to put a 1 OO-foot wide lwnaround to meet current Land Development Code at the end of that street, it would eliminate between four and six mobile home sites, which I do not believe this county has the authority to do. COMMISSIONER KOLFLA T: But isn't that a fire safety consideration that should possibly be looked at? MR. HANCOCK: It may be looked at till the cows come home, but there's nothing we can do about it unless we eliminate the units at the end ofthat roadway. CHAIRMAN STRAIN: When this was built 38 years ago, was that road one of the approved improvements on the property? I mean, basically what Mr. Koltlat's trying to do is bring it up to today's standards, which I understand. But unfortunately a building built 38 years ago, you're subject to the standards at the time they were built. And I'm just wondering if that was a standard then that you violated 38 years ago. MR. HANCOCK: No, the standard for 100-foot cul-de-sacs on dead-end roads didn't exist 38 years ago. CHAIRMAN STRAIN: And that's probably -- Tor, that's probably the difference that we're dealing with today. This is a much older project that came under the rules at the time. And the issue they're in here for today isn't an issue of that nature. It's basically-- COMMISSIONER KOLFLA T: Something we can't do anything about then. CHAIRMAN STRAIN: No, sir. We wouldn't be able to. COMMISSIONER KOLFLA T: Okay. On your evaluation criteria, Mr. Hancock, I had another question. Item two relative to the height, the building height, you say that the existing beight conditions are what will prevail. MR. HANCOCK: Yes, sir. We're not requesting or asking for any change in the existing height permitted in the mobile home district. COMMISSIONER KOLFLA T: But the mobile home district identifies it as 30 feet. Why don't we just say 30 feet instead of existing conditions. MR. HANCOCK: This is a straight zoning project, and mobile home has a height defined in the Land Development Code, so it's already defmed. What I was doing is trying to answer the question that we're not requesting any relief or the ability to exceed what is currently in the Land Deve]opment Code for building height. COMMISSIONER KOLFLA T: I just thought 30 feet might be more definitive than existing, but it's not a major point. MR. HANCOCK: No, sir. I think the Land Development Code adequately covers the permitted building height for mobile home zoning. COMMISSIONER KOLFLA T: Thank you. MR. HANCOCK: Yes, sir. CHAIRMAN STRAIN: Anything else, Mr. Koltlat? COMMISSIONER KOLFLA T: No, thank you. CHAIRMAN STRAIN: Okay, any other comments or any questions of the applicant from the planning commission? (No response.) CHAIRMAN STRAIN: Okay, is there a presentation by county staff? MS. GUNDLACH: Good afternoon, Conunissioners. Staff has reviewed this mobile home petition, and it is consistent with the Growth Management Plan, and it is recommending approval. And it's subjected to the following conditions that the number of units not be increased. There are currently 368 units or leased sites at the Hitching Post. And number two, all principal structures must maintain the minimwn of I 0 feet. And three, all accessory structures are to comply with, and I'm going to change the word per Commissioner Schiffer's request, as per NFPA 50]-A. MR. KLA TZKOW: No dash. CHAIRMAN STRAIN: Of the addition that Mr. Schiffer referenced, which I think is this year's edition; is that correct, Brad? COMMISS10NER CARON: 2000. COMMISSIONER MURRAY: 2000. CHAIRMAN STRAIN: 2000 edition. MS. GUNDLACH: Okay, thank you, Commissioner. COMMISSIONER MURRAY: No dash. Page 89 16Jf A 4 September ] 8, 2008 CHAIRMAN STRAIN: Okay. Any questions of staff'? (No response.) CHAIRMAN STRAIN: Okay, Ray, I can see there are a lot of public speakers. Can you start calling them. MR. BELLOWS: No speakers. CHAIRMAN STRAIN: Tim, you can chance a rebuttal, if you'd like. But with that, we'll close the public hearing and entertain a motion. Is there a motion" Mr. Schiffer? COMMISSIONER SCHIFFER: I'll move to approve. CHAIRMAN STRAIN: Motion subject to the change reconunended by staff'? COMMISSIONER SCHIFFER: Correct. CHAIRMAN STRAIN: Which tailored yours, and staffreconunendations. COMMISSIONER SCHIFFER: Yes. CHAIRMAN STRAIN: Is there a second-- COMMISSIONER MURRAY: I second. CHAIRMAN STRAIN: Seconded by Mr. Murray. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries, 7-0. Thank you, Nancy. MS. GUNDLACH: Thank you, Conunissioners. CHAIRMAN STRAIN: There is no old business listed on our agenda. There is no new business listed. There is no public comment because no public's left. Is there a motion to adjourn so we can reconvene another meeting? COMMISSIONER CARON: So moved. COMMISSIONER MIDNEY: So moved. CHAIRMAN STRAIN: Motion made by Ms. Caron, seconded by Mr. Midney. All in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLA T: Aye. CHAIRMAN STRAIN: Aye. Motion carries. Okay, welcome everybody to the Collier County Planning Commission meeting ofthe Land Development Code 2008 Cycle One. Is there a motion to adjourn this meeting and continue it to Friday at 8:30 on the 26th ofthis month in this room? COMMISSIONER MURRA Y: So moved. CHAIRMAN STRAIN: Motion made to continue to the 26th in this room at 8:30 in the morning. Is there a second? COMMISSIONER KOLFLAT: Second. CHAIRMAN STRAIN: Second made by Commissioner Kolf1at. All those in favor, signifY by saying aye. COMMISSIONER SCHIFFER: Aye. Page 90 16 /1 A 4 September 18, 2008 COMMISSIONER CARON: Aye. COMMISSIONER MURRAY: Aye. COMMISSIONER VIGLIOTTI: Aye. COMMISSIONER MIDNEY: Aye. COMMISSIONER KOLFLAT: Aye. CHAIRMAN STRAIN: Aye. Anybody opposed? (No response.) CHAIRMAN STRAIN: Okay, so we're continued, we're adjourned, we're out of here. Thank you everyone. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:58 p.m. MARK These minutes approved by the Board on _ I { r {" .' 0 r- corrected , as presented V-- or as TRANSCRIPT PREPARED ON BEHALF OF GREGORY NOTTINGHAM COURT REPORTING SERVICE, INC. BY CHERIE' Page 91 16:;t'lA V5 October 8, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Fiala Naples, Florida, October 8, 2008 Halas Henning Coyle v Coletta -4[ L/' LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 P,M, in REGULAR SESSION in Conference Room #610 in the Collier County Community Development and Environmental Services Center, 2800 N, Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: William Varian Charles Abbott James Boughton Clay Brooker Laura Spurgeon Dejohn Dalas Disney David Dunnavant Marco Espinar Blair Foley George Hermanson Reed Jarvi Thomas Masters Robert Mulhere Mario Valle ALSO PRESENT: Joe Schmitt, Administrator, COES Judy I'uig, Operations Analyst, COES Bob Dunn, Director, Bldg. Review & Permitting Bill Lorenz, Director, Engineering & Environmental Services Nick Casalanguida, Transportation Dcpt. Mitch Riley, ROW Manager Pam Lulich, Landscaping Supervisor Michael Osorio, Contractor Licensing Mise Corres: ::\ Datel2.:.b-l-~_ [leI (l)Ar) 16 l~ 1 A c. ... October 8, 2008 I. Call to Order The meeting was called to order at 3:32 PM by Chairman William Varian. A quorum was established, II. Approval of Agenda Blair Foley moved to approve the Agenda. Second by Thomas Masters. Carried unanimously, 12-0. III. Approval of Minutes Thomas Masters moved to approve the Minutes of September 3, 2008 as presented. Second by Reed Jarvi. Carried unanimously, /2-0. (3:35PM - Clay Brooker arrived.) IV. Staff AnnouncementslUpdates B. Transportation Division Update Nick Casalanguida stated: . County may file a lawsuit against the State/FDOT regarding Alligator Alley lease proposal; the County Attorney's office has requested a record search . DOT released its long-range transportation plan and Collier County is scheduled to receive $1 OM . Return on cquity share of gas tax is less than y, % to Collier County . Lee County is to received $500M . MPO Meeting is scheduled for Friday with DOT representatives and he suggested DSAC members attend Discussion ensued concerning why Collier County did not receive as much funding as other Counties. $2.4Billion has been allocated to District I. He suggested drafting a DSAC Position Statement and forwarding it to the MPO, the State Secretary of Transportation, and the District 1 Secretary. He encouraged members to write individual letters concerning the lack of fairness in funding distribution. It was noted Collier County did not attend the Alligator Alley lease informational meeting sponsored by FDOT. . Budget cuts have etTected road maintenance; manpower is not available for mowing; report problem areas to Transportation Department . Oilwell Road is not permitted and is not going forward until TRIP program Becomes active and funding is available in June, 2009 . COA Administrative Proeedures - a summary is being prepared and will be presented to DSAC at a future meeting (3:50 PM - David Dunnavant arrived) A. CDES Update .Joe Schmitt stated: . Most of the LDC Amendments have been finalized for this Cycle and will he presented to the BCC on October 20th . Six amendments concerning cnvironmental issues will be reviewed in Cycle 2 2 161'1 A October 8, 2008 5 - . Storm water Preserve Amendments will be re-written; definitions and language have been a problem; more specificity will clarify confusion . Task force will be set up (EAR-based and EIS); assistance is welcome . BCC asked CDES to evaluate financial impact of changing set backs for pool pumps, AlC, well pumps in side yards - will be reviewed during next LDC Cycle Discussion concerned the potential impact to Golden Gate Estates with older homes on smaller lots, Also mentioned was that the new AlC units/equipment on the rnarket have greatly reduced noise level. . Personnel changes are pending C. Public Utilities/Engineering Division Update - Phil Gramatges No report. A request was made to add the topic of water surcharge bills to the November Agenda. D. Fire Review Update Ed Riley stated his department preformed 760 reviews last month. First approval percentages were up, Staff has been able to call contractors when items were missing from the applications, VI. New Business B. Review and recommend for appointment (2) applications submitted to serve on the DSAC board Robert Mulhere moved to accept the application of Reid Schermer to fill the current DSAC vacancy and to recommend approval to the BCe. Second by David Dunnavant. Carried unanimously, 14-0. V. Old Business A. ROW handbook - Transportation (Mitch Riley & Palm Lulich) Nick Casalanguida introduced Mitch Riley, ROW Manager, and Pam Lulich, Landscaping Supervisor. The ROW Handbook has been separated into two sections - Construction Standards and Landseaping Standards. Drafts of both documents were distributed, The.lallowing changes were suggested to the Construction Standards: . Two handbooks will allow for easier updating . Definition of "Right of Way" was disputed . Page 2, S(b), replacement vs, reimbursement - "replacemcnt" of disposed plant materials and reimburscment for new required piping . Page 4, D(S) -language concerning BCC to be reviewed . Page 10, subparagraph (c) should be reviewed - voids injack and bore casings should not bc filled . Pages 9/1 0, 2(a) -- 36 inches minimum vs. 48 for landscaping - clarification was suggestcd either direclional bore or jack and bore . Page II, (c) - suggcsted using steel platcs as an alternative to backfilling open cuts in asphalt roadway 3 J d I! ~ Ii 5 October 8, 2008 . Page 13, (f) - Separate paragraph into two sentences: the first sentence will end at "day" and the second sentence will start at "For." . Page] 5, remove "all" from Separate Turn Lane Requirements; on-site construction requirements should be referenced; change "lane" to "lane(s)" . Page] 5, under ''Two Lane Roadways" - revise language in (I) and (2) - "Left turn lanes must be provided whenever the left turn volumes movement is 20 vehicles or more" and "Right turn" for 40 vehicles or more . Page 15, change Conditions from "Pre-Existing" to "Existing" . Page] 6, Items 2, 3 and 4 could be combined . Page ]6, (b) - check DOT requirement for driveway - 16 feet, not 24 . Page] 9, (c) - revise requirements/language -lime rock is included . Page 20, #6 - possibly move to another portion - does not pertain to ROW (4.45 PM - Dalas Disney left) . Page 23, #7 - remove "already" from sentence . Page 40 - suggest matching language to LDC · Page 42, C. - "Underground Utility Accommodations" should be located in the permit section . Definitions should include "throat lengths" Thomas Masters moved to approve the Constructions Standards Handbook as amended. Second by George Hermanson. Carried unanimously, 13-0. · The Landscaping Standards Handbook will be reviewed at a later date. VI. New Business A. The Fire Review Task Force (Items 1 - 5) will be moved to the November Agenda, VII. Committee Member Comments A. The review process and environmental review Chairman Varian asked if the in-house Environmental Review process could be revised and streamlined. Bill Lorenz suggested splitting the permit documents to be reviewed concurrently by the different departments. Reviews are done by: . Planning/Zoning . Environmental . Architcctural . Engineering . Structural Thc currcnt process is sequcntial. Four sets of plans are submitted for commercial projects. It was suggested the County could require that additional sets are submitted at application, 4 16 J 1 A c. October 8, 2008 J Bob Dunn stated the plans are usually kept intact but one set is sent to Fire Review. He stated he will review the existing policy and return with recommendations. (5:05 PM - Rohert Mulhere leji) B. Staffing in the contractor licensing department Chairman Varian stated there were concerns in the industry from licensed contractors that, due to staffing restrictions, "handymen" are being issued occupational licenses and are soliciting work they are not licensed to do. The monitoring of these licenses is the issue. Joe Schmitt stated one position was frozen. He suggested writing the BCC to request activating the frozen position, Fund #113 has some funds available currently, Michael Ossorio, Contractor Licensing, stated the handyman category allows a licensee to perform work where the final cost is $1,000.00 or under. Discussion ensued concerning how to police and enforce the restrictions, . Code Enforcement has only three investigators at the moment. . Also suggested: an in-service with Building Inspectors and Code Enforcement. . Trade groups need to self-police When questioned regarding future lay-offs of Staff, Joe Schmitt stated there is a possibility of further reductions in January, 2009. . It was suggested that a reduction of Impact Fees would help to revive the building industry. . The building industry could approach the BCC for a stimulus package with reduction of fees . The AUIR will be brought to the BCC . 61-G Reviews - an unfunded mandate - funds must be found to support Staff performing reviews Chairman Varian stated he was invited to speak at a luncheon for the League of Women Voters in November to explain what DSAC does for the community. Joe Schmitt stated the Mayor of Fort Myers Beach contacted the BCC asking for building plan review and inspection assistance, This is a potential revenue generating opportunity but it could also impact Staff flexibility since at least one person will be traveling back and forth. DSAC Meeting Dates: . November 5, 2008 at 3:30 PM . December 3, 2008 at 3:30 PM . January 7,2009 at 3:30 PM . February 4, 2009 at 3:30 I'M . March 4,2009 at 3:30 PM 5 16/1 A 5 October 8, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the Chairman at 5:30 PM. DEVELOPMENT SERVICES ADVISORY COMMITTEE (^;J~ William Varian, Chairman These Minutes wer as presented pproved by the Board/Committee on ~15,(cg , or as amended . 6 16TIA 6 September 3, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCFlala ,OF, Halas Naples, Florida, September 3, 2008 Henning Coyle Coletta ~/ LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building "F" of the Govemment Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (Excused) Noah Standridge David Bishof Nick Penniman (Excused) Michael V. Sorrell Dr. L1ew Williams (Excused) Paul Lehmann Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Brown-Araque, Sr. Environmentalist Specialist Barbara Burgeson, Principal Environmental Specialist Chris D'Arco, Environmental Specialist MISe. Caffes Date [?, -O~-~ '(pry, ~tlo 1(0 ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 3, 2006 9:00 A,M, Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor PACKETS WERE SENT OUT WITH lAST MONTH'S AGENDA 161-1 A '6 I. Call to Order II. Roll Call III, Approval of Agenda IV, Approval of July 2, 2008 meeting minutes V, Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan No, SDP-2007-AR 12003 Gridley Medical Center SOP Section 33, Township 50 South, Range 26 East B, Environmental Impact Statement- EIS- 2007-AR-12622 Willow Run Quarry EIS Sections 11-14, Township 50 South, Range 26 East VII. New Business VIII. Old Business A. Update members on projects IX, Subcommittee Reports X, Staff Comments A. CCPC and BCC staff reports - Discussion of sending to EAC XL Council Member Comments XII. Public Comments XIII. Adjournment ..*.............._._-*...._...........*.._*-*..***.*..*........*.*. Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p,m, on August 28. 2008 if vou cannot attend this meeting or if vou have a conflict and will abstain from voting on a petllion 1252-62901, General Public 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 161 114 6 September 3, 2008 I. Call to Order Chairman Hughes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established, III. Approval of Agenda Mr. Bis/lOf moved to approve the agenda. Second by Mr. Lehmann. Carried unanimously 6-0. IV. Approval of July 2, 2008 meeting miuutes Mr. Sorrell moved to approve the minutes of the July 2,2008 meeting. Second by Mr. Bisho/. Carried unanimously 6-0. Chairman Hughes noted at iast months Planning Commission meeting, some members of the Environmental Engineering Staff stated all the proposed Land Development Code (LDC) changes had been reviewed by the Environmental Advisory Council, which was not an entirely accurate statement. Due to the lack of a quorum for the August Environmental Advisory Council meeting, the Council was unable to review the final drafts of the LDC changes. V. Upcoming Environmental Advisory Council Absences Chairman Hnghes addressed the Council Members stressing the importance of being present for Environmental Advisory Council meetings, The August meeting was cancelled due to a lack of a quorum, which caused unnecessary costs and inconvenience to all parties involved. He noted he has been lenient in members not being present due to the quality of the individual members, and recognizes serving on the Council is voluntary and honorable, however in the future will be more stringent regarding members being declared "excused" or "absent." He will provide a memo regarding this issue to all Council mernbers. Summer Brown- Araque, Sr. Environmental Specialist reviewed the Advisory Committee Absence policy noting 2 absences or more (by a member) empowers the Chairman to have a member removed from a Board ifhe so chooses, VI. Land Use Petitions A. Site Development Plan No. SDP-2007-AR 12003 Gridley Medical Center SDP Section 33, Township 50 South, Range 26 East The presenters were sworn in Chairman Hughes fonnerly apologized to the applicants for last months delay (due to a lack of a quorum,) 2 16 r r' September 3, 2008 Alicia Lewis of Boylan Environmental Consultants rcpresented the Applicant and stated she has previously been registered as a lobbyist in Collicr County, She provided an overview of the project noting the following: . The project is approximately 300 feet north ofthe intersection of Collier Blvd and US 41 across from Lely Resort Blvd. . A majority of the lands are disturbed with the remaining infested with exotic vegetation. . The two areas of wetlands on the property were evaluated and the impacts on them were permitted by South Florida Water Managernent District on 1/08/08 (permit #11-02802-P) and the Anny Corps of Engineers on 7/29/08 (permit # SAJ 20074314 SP-BAL.) . The pemlits require mitigation credits for impacts on the wetlands (0,36 credits at Panthcr Island Mitigation Bank and 0.53 crcdits at Big Cypress Mitigation Bank.) The credits have been purchased, . The Control Elevation for the site was sct at 4.7' NGVD . The project provides for a 0.37 acre preserve to be replanted as a mixed hardwood area for hydrologic maintenance purposes, . The preserve will be treated for Category I and 2 exotics into perpetuity. . There were 4 active gopher t0l1oise burrows observed within the disturbed area of the project. The tortoises are to be re-Iocated outside Collier County in accordance with Florida Fish and Wildlife Conservation Commission permit #WR08229. . The Army Corps of Engineers pennit requires signage on-site during construction protecting any Indigo Snakes encountered, . The Wood Stork and Florida Panther impacts were mitigated by the off site mitigation requirements. Michael Herrera, Q Grady Minor Associates P.A., consultant for the applicant addressed the Council on the details of the site plan noting the following: . It has a .15 CFS (cubic feet per second) allowable discharge rate discharging southeasterly to the C-4 Collier County drainage canal. . The surface water rnanagement system is a "dry system." . The Control Elevation was established via previous pennit data on an adjacent project and con finned by on-site hydrological indicators. . The total acreage of the site is 3.56 acres and the onsite preserve is not within the surface water rnanagement system. A discussion ensued regarding the feasibility of re-locating Gopher Tortoises within developed sites or in closer proximity to the projects proposed (within Collier County,) It was noted that the cost to re-locate the two subject Gopher Tortoises is approximately $50,000 It was suggested Staff review policies in this area to determine if there are more feasible options of allowing the TOl10ises to remain within Collier County (Pepper Ranch, etc.) 3 ~~ " h ~""", .~...' !I .fc\ ...;;'.;;. '\.J . A ; ~September 39.008 It was noted the areas approved for re-Iocation within Collier County may have reached capacity. Chris D' Arco, Environmental Specialist stated the Bear Management Plan has been submitted and shown on the site plans. Mr. Sorrell moved to approve the Application (Site Development Plan No. SDP- 2007-AR l2003 Gridley Medical Center SDP.) Second by Mr. Kurth. Carried unanimollsly 6-0. B. Environmental Impact Statement - EIS - 2007 - AR -12622 Willow Run Quarry EIS Section 11-14, Township 50 South, Range 26 East The presenters were sworn in Michael Delate, Q. Grady Minor and Associates, PA represented the Applicant provided and overview of the application noting the following: . The site is an existing rock quarry which has been in operation for 20 years, . Request is for clearing an area for an expansion of use. The permission to clear this area and related Environmental Impact Statement has expired, . The Conditional Use permit is still valid for the mining operation in the area. . There is no off-site (Stormwater) discharge for the site as it is bermed . All areas to be cleared are outside the Conservation Easement lands, Maureen Bonness, Biologist and Natural Area Manager for the Applicant noted the following: . There is a successful ongoing on-site mitigation preserve as indicated by the permittees . The applicant has gone "above and beyond" the permit requirements with controlled burns, a Gopher Tortoise recipient site, etc, . The Gopher Tortoise recipient site is at capacity with the Quarry continuing to operate, . The site is a Red Cockated Woodpecker Safe Harbor area. . Workshops are held on site regarding Gopher Tortoise Biology for interested professionals, . All the mitigation required has been completed. . The area requested for clearing is approximately 26 acres infested with Melaleuca. . The reserve is adjacent to the Picayune State Forest. . In clarification some of the clearing is within the Conservation Easement lands. . The borrow pit lake will be hydrologically connected to the preserve as required by the State of Florida 4 !1 .~ , J. 1,r',\ t:'.:, . \ ~) September 3,2008 Mr, Bisbof expressed concem regarding the water quality (dissolved oxygen content, etc.) of a borrow pit lake and its direct cOlmectivity to Preserve water. Maureen Bonness noted the applicant has tested water quality in the past with "no problems" (in thc water quality). Clark Learning, Land Manager for Willow Run Trust stated they are required to monitor water quality annually including dissolved oxygen, salinity; however no dissolved oxygen profilc for the entirc 50 foot depth is conducted. He did not have the results (on hand) of the dissolved oxygen content tests. A discussion ensued regarding the Preservation Requirements of the Land Development Code. Maureen Bonness noted this applicant was required to provide a Native Preserve Area equal to 15 percent of the "enlire site", as opposed to an area equal to 15 percent of the "existing" native vegetation as required in the LDC. She expressed concern that these Sections of the Land Development Code are not being implemented properly, Cbairman Hugbes noted the Environmental Advisory Council is a venue for appeals if applicants feel they are not being treated fairly in the implementation of the Land Development Code, Mr. Bisbofrequested clarification on the status of the Gopher Tortoise Population. Maureen Bonness provided the following estimates: . 15 originally on sitc . 56 Relocated to the site . 180 burrows/80-90 tortoises estimated on site . 45 acres of Gopher Tortoise habitat (2 tortoise per acre, the rnaximum per acre allowed) Michael Delate reviewed the status of the existing permits; and stated the rnining permit is still valid and will not nccd a new review. The original permit to clear vegetation in the area has expired and will need to be renewed, Clark Learning noted that the entire Conservation Area and Preserve is reserved into perpetuity. He noted the issue on Page 2 of the Staff Report regarding the Conservation Easernent ("The CUrrent draft Conservation Easement submitted for the project is not sufficient") is being addressed by the Applicant. Cbris D'Arco, Environmental Specialist addressed the Native Vegetation calculations for the project noting the (area equal to) 15% was based on the (total) area prior to any clearing or mining operations. Any areas with exotics that qualified for deductions could have been addressed at that time by the applicant. With regard to the Rural Fringe Areas within the project, the area equal to 15 percent (of the entire site) applies to that portion of the project. Staff recommeflds approval of Eflviroflmefltal Impact Statemeflt - EIS-2007 AR- 12622 with the following conditio/ls (1-3): 5 16 I" 1 A 6 September 3, 2008 (1. A Florida Fish and Wildlife Conservation Commission rdocation permit shall be obtained for a gopher tortoises (Gopherus Polyphernus) tound on site prior to the proposed clearing activities and a copy shall be forwarded to staff.) (2. Provide a report to the Environmental Services staff on the results of the relocations of the gopher tortoises within thirty days of relocation, The report must contain the following information: the nurnber ofhurrows excavated, the number of tortoises relocated, and the final relocation site) (3, All required preserve and listed species management plans will be incorporated as part of the Vegetation Removal and amended Excavation Permits.) He noted with condition numbers 1 and 2, a relocation permit was obtained and the Report had been submitted by the applicant with the activities completed under FWC (Florida Fish and Wildlife Conservation Commission) pemlit #GTRS-2008 4185 and supervised by Ray Ashton. Further, as required on page 5 (paragraph 2, line 16-18) of the Staff Report, the silt fence was installed around isolated uplands to prevent re-entry by tortoises. Mr. Lehmann requested this silt fence requirement be written into the permit. Mr. Standridge moved to approve EIS 2007-AR-1l622 witll tlle/ollowing stipulations: 1. The above referenced silt fence barrier language be writteu into the permit. 2. The Conservation Easement Language be considered and finalized before the permit is issued. 3. AU of Staff comments (recommendations listed above). Second by Mr. Bisllof. Carried unanimously 6-0. Break: 10:OOAM Reconvene: 10: lOAM VII. New Business Stan Chrzanowski, PE, Engineering Manager reported the following: . The mining industry would like to make a presentation to the Environmental Advisory Council (EAC) and requested staff and any interested consultants be present. He will schedule this item for a future meeting. . New members are requested to individually contact staff to request maps or documents necessary to perform their functions, . County employees conducted field reviews during the aftermath of Tropical Storm Fay to assess any drainage impacts that need to be addressed. . He will send out are-draft of the Ordinance dealing with re-certifications of previously permitted Stormwater Management systems to EAC rnernbers. 6 ~ ~.n 1.\ . I r..~~\ :! J ._':: \;), t 6 Septcmbcr 3, 2008 Chairman Hughes requested a copy of Ihc Departmcnt of Environmental Protection docurnentation regarding the recent fish kills in the Golden Gate Canal. Stan Chrzanowski noted a majority of thc dcad fish wcrc Tilapia and could not bc rcmoved from thc water by County Ordinance, The Council directed Staff to review this policy and rccomrncnd any changes. Mr. Standridge requested clarification on the issue of the previous application's (Willow Run Quarry) Native Vegetation Requirements. Susan Mason, Environmental Specialist stated she was surprised by the applicants comment and the area equal to 15% of the entire site was based on the site in a pre- developrnent status. If there were areas that qualified for exemptions (100% Melaleuca), etc. it should have been reflected in the Environrnentallmpact Statement for Staffs consideration. A portion of the project is in the Rural Fringe, since it is an expansion to an existing project, the requirement is IS percent of the entire site as opposed to 80 percent of the area in the Rural Fringe was applied to the calculations, Mr. Standridge and Ms. Mason will review the application in an attempt to determine the disparity between the applicant and Staff, VIII, Old Business A. Update members on projects None IX. Sub-Committee Reports None X, Staff Comments Summer Brown-Araque noted there are no projects on the Planning Commission Agendas that were reviewed by the Environmental Advisory Council (RAC). If there is a case where the Planning Comrnission would hear applications of this type, (applications prcviously heard by the EAC) the (Planning Commission) Staff Reports will be emailed to the EAC members. The Board of County Commissioners (BCC) Staff reports will be available for review on line the Thursday before the following Tuesday meeting. She will send out the BCC Agenda with a reminder regarding iterns on the Agenda and highlight the link for the Staff Report for Council member's convenience. The Planning Commission does receive the EAC Staff Report and a copy ofthe Environmental Impact Statement. The Planning Commission Staff Report includes the EAC vote and summary of the issues discussed by the EAC. She recommended any information the EAC wants forwarded to the Planning Commission be included in the motion for the specific application. Chairman Hughes re-iterated the importance ofrnembers attending EAC rneetings to ensure proper information is forwarded to the Planning Commission or other necessary parties, Xl, Council Member Comments 7 1611 A 6 Septcmber 3, 200S Summer Brown-Araque reviewed the composition ofthc Environmental Advisory Council: . 9 members . 2 alternates . 5 members are rcquired for a quorum . Currently 2 vacancies for permanent members It was noted there will be a special Environmental Advisory Council (EAC) meeting on November 12, 200S/or Rural Lands Stewardship Review. Mr. Standridge will forward a draft of the updated policies for the Rural Lands Stewardship to Summer Brown- Araque to distribute to the EAC members for review XII. Public Comments None ***** There being no further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 10:46 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCI ughes These Minute7Pproved by the Board/Chairman on _f'OI!:i;- I J ~ as presented , or as amended . 8 1 A 6 October 1,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUN~kl. Halas Naples, Florida, October I, 2008 Henning Coyle Cole LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Dr. Judith Hushon (Excused) Noah Standridge David Bishof Nick Penniman Michael V, Sorrell Dr. Llew Williams Paul Lehmann Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Environmental Specialist JeffK1atzkow, County Attorney Misc. COlfes: Date: 1 \\em#._--- . :r, ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 1, 2008 9:00 A.M, Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor 1611 ;fj. I. Call to Order II. Roll Call III, Approval of Agenda IV, Approval of September 3, 2008 meeting minutes V, Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Site Development Plan No. SDP-2006 -AR 9022 Abercia South SOP Section 33, Township 49 South, Range 26 East B. Environmental Impact Statement- EIS- 2008-AR-13641 Magnolia Pond Residential Subdivision EIS Section 33, Township 49 South, Range 26 East VII. New Business A. Sunshine Laws Presentation VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments XI. Council Member Comments XII. Public Comments XIII, Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on September 25. 2008 if YOU cannot attend this meetina or If YOU have a conflict and will abstain from votina on a petition 1530- 6290\, General Public: 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1611 6 October 1,2008 I. Call to Order Chairman Hnghes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carrkd unanimously7-0. IV. , VI. Approval of September 3, 2008 meeting minutes Dr. Williams moved to approve the minutes of the September 3,2008 meeting. Second by Mr. Lehmann. Carried unanimously 7-0. V, Upcoming Environmental Advisory Council Absences Steve Williams, Assistant County Attorney noted member participation via tele- conference, requires a quorum be physically present and formally vote to allow the participation, Summer Araque, Environmental Specialist noted it was her understanding Mr. Standridge will not be present for the December meeting. Mr. Sorrell noted he is attempting to re-arrange his schedule to be present, Land Use Petitions A. Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South, Range 26 East The presenters were sworn in. B. Environmental Impact Statement- EIS- 2008-AR-13641 Magnolia Pond Residential Subdivision EIS Section 33, Township 49 South, Range 26 East Rae Anne Boylan of Boylan Environmental Consultants requested permission, and it was granted by the Council, to address both items A, and B, simultaneously as the projects are interrelated. Mr, Standridge arrived at 9:10AM She noted the following: . She is the consultant for itern B. and Passarella & Associates are the consultants for item A, . The projects were originally in the same PUD, (Collier Blvd, Mixed Use Commerce Center) . The parcel is north ofI-75 and West of Collier Blvd 2 tl ~ e, lJ~J, 108 1 · The site is 70,18 acres consisting of Pine Flatwoods areas with varying degrees of exotic invasion, . The site contains a 1.39 acre "poor quality" isolated wetland infested with Melaleuca · The only listed Species documented occupying the site are Gopher Tortoises. · The projects are presented together as it is an existing PUD which was approved in November of2001 (pUD #00-16). · The site plan was revised with the major change being the relocation of the Preserve area to the western portion of the site which will incorporate the major amount of gopher tortoise burrows and habitat. Pennits will be obtained for re-locating the existing Tortoises to the on-site Preserve, . There has been an Indigo Snake, Big Cypress Fox Squirrel and Black Bear Management Plan prepared for the projects. · The plan requires impacts to the wetland which will be mitigated off-site via the Big Cypress or Panther Island Mitigation Bank as required by the various Agencies. A discussion ensued regarding the definition of "heavy equipment," which is referenced in the Environmental Impact Statement and its relation to the statement "it will not be utilized in clearing the Preserve." Rae Ann Boylan stated "large machinery" will not be utilized in clearing the Preserve, as the exotic removal will be completed "manually," Mr. Penniman requested clarification ifthe preserve is adequate size to accommodate the Gopher Tortoises on site, the qualifications of the Consultant (Boylan and Associates) for Managing the Preserve and an overview of the Managernent functions. Rae Ann Boylan noted the area is adequate in size, As the Preserve Manager, she has a degree in Biology, a Master's degree in Environmental Engineering Sciences and worked in this Region since 1982. The procedures includes Consultants meeting with the contractor hired to perform the work, ensure the silt fences are installed properly, review any chemicals utilized and the oversight of the installation of any plantings, etc, The Preserve is monitored via field reviews at least twice a year. Monitoring reports are filed on an annual basis with any maintenance recommendations forwarded to the landowner. Mr. Bishof asked how the control elevation of 8.5' for the surface water management system was established. Jim Carr, Consultant for the landowner stated the elevation was established utilizing determinations for surrounding projects. They were soil borings completed in 8/07, which indicated 3-foot depth from ground to water table and the elevation has been approved by the South Florida Water Management District (SFWMD), 3 16/1 tl 6 October I, 2008 Mr. Bishof expressed concern the SFWMD policy may be causing adverse environmental impacts in the region, Stan Chrzanowski, PE, Engineering Manager noted historically (15 - 20 years ago), against the advice of Collier County, the SFWMD determined all the projects in the region should drain north to the Golden Gate Canal, while the existing topography in the region drains south. The existing (SFWMD) Staff are now required to make decisions based on the historic determination and may be the reason some of the Preserves in the region are functioning poorly, Mr. Bishofnoted this determination is causing the draining of the wetlands in the area and expressed a concern over its irnpact on the protection of wetlands and water resources within the County. Chairman Hughes agreed, but when this issue is raised, it is subsequently brought to the attention of the Environmental Advisory Council that SFWMD issues are not in their purview. Chairman Hughes requested clarification if permits change of this nature, would they come before the EAC for review in the future, If a Site Plan approval expires or lapses, the previous conditions exist and may waive the requirement for a new EAC hearing. Susan Mason, Principal Environmental Specialist noted all the Land Development Code changes have not been approved by the Planning Commission as of yet, and the Council should review any latest versions of the proposed Land Development Code Amendments on the Collier County website and provide input as necessary. Mr. Sorrell expressed concern that fees generated in Wildlife Preservation ($43M for Gopher Tortoise relocation) are not being re-invested into data collection by various Agencies for the provision of accurately updated habitat maps. Rae Ann Boylan agreed and noted the data regarding Black Bear habitat in Collier County is approximately 10 years old, Mr. Sorrell noted the Florida Panther data provided is from 2005 and the data on 4 other species is 10 years old. Mr. Bishof noted there is a website (provided by the Florida Fish and Wildlife Conservation Commission) which provides updated Florida Panther data more current than the information provided, Rae Ann Boylan stated she has seen the most recent data, and there is no "Florida Panther denning" on site. The information provided is data and not an official map readily available in a public use format (it is data points requiring software for interpretation and mapping), Chris D' Arco, Environmental Specialist clarified no mechanical clearing is allowed in Preserves and would ensure this is indicated in the Preserve Management Plan, 4 7 \{ ~'j October I, 2008 Staff recommends approval of the project subject to the following conditions: 1) A FWCC relocation permit shall be obtained for those gopher tortoises that are located within the development area to be relocated to the on-site native preserve area on the residential portion of the PUD. The FWCC relocation permit shall be obtained prior to the performance of any gopher tortoise related activities and prior to commencement of any construction activities. Staff will have the opportunity to inspect the recipient preserve prior to on-site relocation. 2) Please provide a report to the Environmental Services staff on the results of the relocation of gopher tortoise within thirty days of relocation. Please provide in the report the number of burrows excavated, the number of tortoises relocated, and the final relocation site. 3) The SDP will not be approved until a copy of the SFWMD permit isforwarded to environmental staff upon issuance and reviewed for consistency, 4) For SDP-2006-AR 9022, please provide the following: A) The required primary and accessory preserve setbacks on the site development plans, B) Include the gopher tortoise relocation and Management Plan on the front index of the Site Development Plans. C) Provide the Florida Department of Transportation-Florida Land Use Cover and Forms Classification (FLUCFS) descriptions on sheet two of the Site Development Plans. D) Provide a Florida Black Bear management plan on the site plans. Mr. Lehmann requested clarification if the exotic vegetation was to be removed from the site into perpetuity. Chris D' Areo stated this is a standard Code (Land Development Code) requirement and would be indicated on the site plans. Mr. Lehmann noted the word "please" should be removed from any of the language contained in the above recommendations. Chairman Hughes noted he met the landowner in the hall, but did not discuss the project. Mr. Penniman moved to recommend to the Planning Commission and Board of County Commissioners approval of the 2 projects (Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South, Range East and Environmental Impact Statement - EIS-2008-AR-13641, Magnolia Pond Residential Subdivision EIS, Section 33, Township 49 South, Range 26 East) subject to the word "please" be eliminated in the language in 5 6 October 1, 2008 the Staff recommendations (listed above). Second by Dr. Williams. Carried unanimously 8-0. Mr. Penniman noted the Conservancy of Southwest Florida and the Audubon Society sponsored a carbon footprint audit for the City of Naples, which was completed last summer and presented to the City of Naples, The audit determined the City of Naples only utilizes 3 percent of the total energy consumed in the City, This information was forwarded to the Natural Resources Manager of the City to take any steps necessary to further reduce energy consumption, Collier County Audubon and the Conservancy of Southwest Florida are considering offering this opportunity to Collier County, He requested Environmental Advisory Council feedback on the issue; the service would be provided at no cost to the taxpayers, Mr. Standridge move to recommend to the Board of County Commissioners the Energy Audit be performed. Second by Chairman Hughes. Carried unanimously 8-0. Mr. Standridge will draft a letter to be forwarded to necessary parties outlining the official action. Mr. Hughes moved to recommend a risk assessment be performed on the sea level rise in relation to the developments in Collier County. Second by Dr. Williams. Carried unanimously 8-0. Chairman Hughes will submit a memo to (any necessary parties) regarding this official action, VII. New Business A. Sunshine Laws Presentation Jeff K1atzkow, County Attorney provided an overview on the requirements on the Sunshine Law highlighting the following: . Board meetings must be publicly noticed and minutes are required to be taken, . All Collier County Boards are subject to the Sunshine Law, . It applies when two members of a Governing Board discuss an issue that may come before the Board. . Board members should not e-mail each other; questions should be directed to Staff liaisons, . One-way communication of an issue is allowed by a member; however comments back from other members are prohibited. He recommended this practice (one way communicating with members) be prohibited as it may lead to problems (members inadvertently returning a comment, etc.), Further, Staff may not act as an intermediary between comments, . He recommended Board member not participate in "Blogs" 6 ,- 1611 . "'",t"~ ~, <:}:\ i) October I, 2008 · Site inspections should be conducted alone, not with another member, · For a member to participate by telephone, they must have an "extra- ordinary circumstance", A member participating by phone may not be counted toward the constitution of a quorum, For participation a favorable vote of members constituting a quorum is required, . Possible penalties for violations are imposition of fines and/or jail time. . He recommended any member that has consulted or worked on an issue that comes before a Board to disclose this fact. They may participate in discussion, but may not vote. They are not required to leave the room during the proceedings; however it may be advisable to avoid perceptions of impropriety, B. Election of new Chair and Vice-Chair The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligihility for re-election. The chairman and vice-chairman shall be selected by a majority vote at the organizations meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice- chairman shall perform the duties of the chairman in the absence of incapacity of the chairman. Mr. Penniman moved to appoint William Hughes as Chairman and Dr. Judith Hushon as Vice Chairman of the Environmental Advisory Council. Second by Dr. Williams. Carried unanimously 8-0. VIII. Old Business A. Update members on projects Summer Araque will re-submit the documentation regarding the Environmental Advisory Council Mission Statement and place the item on next month's agenda. A discussion ensued regarding the availability of current updated habitat species maps and if any action should be taken by the EAC. It was noted the information should contain historic compiled data, not just the most recent data, Updated information is available on-line via State and/or Federal Agencies, It was noted the Developers might not be providing the most recent information as indicated in the testimony today. Summer Araque noted Staff could provide a presentation regarding the parameters involved in December. A discussion ensued regarding the status of the Land Development Code Amendments, Summer Araque stated the Jones Mine had a I-year review approval of last year. IX. Sub-Committee Reports 7 .5- J4 6 October I, 2008 None X. Staff Comments A. November, December and January meetings to be held at CDES B. Reminder: Special meeting ofEAC on November 12, 20008 to review RLSA Staff noted the following: · Recent aerial photos (2007/2008) of the County are available with built up areas superimposed · If a member is not present for a meeting, provide any necessary comments for distribution · There will be an Energy Symposium on October 10, 2008 at Florida Gulf Coast University XI. Council Member Comments . Mr. Standridge suggested an overview of the Rural Lands Stewardship Program be placed on the November 4, 2008 Agenda prior to the Special Meeting on November 12,2008, . Chairman Hughes requested Staff provide a report on the status of the Habitat Conservation Plan Advisory Committee at the next meeting. XII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 11:10 AM. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL c~~}f(4f--- These Minutes ~pproved by the Board/Chairman on as presented , or as amended , NDV' -::)-flt 20<':) 'i , 8 16 I 1-- A ~ l F()REST I~AKES RO \11\\" \ .\ND UR\IN.H.I. \ISI,1 , ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 October 8, 2008 Aaenda I. Call to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - September 10, 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 November 12,200810:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 Misc. Corres: Date: I), -0 ~ -oi Item #: /10 I cl)A 7-- Copies 10: 16/1 A . ( F()REST KES I~OAn\\\ \ ANn nR\/N\(,F \i"S,T.! , Fiala Halas Henning Coyle ~ Coletta r~ w ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 '\iUS ,,,,','," -.'O',q'"ss,C':('I:'; June 11, 2008 Minutes I. Call to Order Meeting was called to order by Harold Bergdoll at 10:06. No quorum was established. II. Attendance Members: Harold Bergdoll, William Seabury (Excused), George Fogg (Excused), Robert Jones (Excused), Virginia Donovan (Excused) County: Darryl Richards - Project Manger, Tessie Sillery - Operations Coordinator Other: Darlene Lafferty - Mancan The next meeting will be on July 9, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 Misc. Corres: Date: Item#' "r 16 IS. A f Ff)REST LAKES .' -'0 '~;Jt1 Ro.\D\\\ " \,1> DR\I'l,\(,r \I.S,Lj " Fiala Halas Henning Coyle Coletta ADVISORY COMMITTEE 2885 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 September 10 2008 Minutes I. Call to order Meeting was called to order at 10:03 a.m. by George Fogg. Quorum was established II. Attendance Members: Harold Bergdoll, William Seabury, George Fogg, Robert Jones (Excused), Virginia Donovan (Excused) County: Tessie Sillery - Operations Coordinator, Darryl Richard - Project Manager, Caroline Soto - Budget Analyst, Steve Preston - Storm Water Other: Chris Tilman and Thomas Roadman - Malcome Pirnie, Darlene Lafferty - Mancan III. Approval of Agenda William Seabury moved to approve the agenda as submitted. Second by Harold Bergdoll. Motion carried unanimously 3-0. IV. Approval of Minutes - July 9, 2008 Harold Bergdoll moved to approve the minutes as submitted. Second by William Seabury. Motion carried unanimously 3-0. V, Transportation Services A. Budget - Caroline Soto distributed and reviewed the Budget Report (See attached) . Remaining open P.O.s $21,170.74 . Available Improvements General $2,173,614.39 . Ad Valorem Tax $9,614,85 (Uncollected) . Revenue Structure $170,722,01 will carry forward to FY09 B. Project Manager Report - Darryl Richard I Chris Tilman - Malcome Pirnie - distributed the Forest Lakes Project Status. (See attached) George Fogg questioned the height requirements for Tree Trimming. Darryl Richard responded the Code Requirement is 17 ft, . Discussions ensued and it was stated that Pruning Trees ~ excessive, OllIe: Item I: Copies to 16 , 1 A 7 Discussions continued and it was determined that Pruning Trees to the height of 15 ft, would allow clearance for a large vehicle (tractor trailer.) Harold Bergdoll moved to approve a not to exceed trimming height of 15 feet. Second by William Seabury. Motion carried unanimously 3-0. Darryl Richard will submit the Committee request of a 15 ft, height for Tree Trimming to ROWand Traffic Operations and will forward final approval to the Committee. It was questioned if 2 -3 ft, is the required Road edge clearance. Darryl Richard distributed Code Enforcement Standards for Proper Tree Pruning, (See attached) Chris Tilman gave a Slide Presentation on Project Status and reported the following: . (F-54) Replacement of Fairway No, 5 Culvert- i. Contractor was delayed due to rain ii. The Pipe is corroding and collapsing in the Fairways iii. Completion - 10 days once on site . (F-53) Quail Run Swale Restoration and Stabilization - i. Met with the District to discussed ERP responses and Permitting issues. The following was united into a Blanket Permit: a. Partitioning of the Lakes b, Culvert Pipe for F-43 Project c. Lake stabilization for all Lakes on site d, Bulkhead material type left as open item in Permit (for aesthetic options) . (F-52) Mira Vista Condo Easement and (F-51) Forest Lakes Condo Easement - Submitted to Real Estate Services for Completion · (F-50) Phase II: Project 6b - Reconstruct the southern & northern ends of the Woodshire Ditch - The suggestion was made to reassign the Scope to another Project due to minimal work required. Discussions ensued concerning Road flooding. It was requested to confirm if there is a Culvert blockage or if the pipe is too small to handle the volume. Darryl Richard recommended review of the Project Scope, . (F-48) Phase I: Forest Lakes Blvd, relief sewer to Lake 10- Suspended will reevaluate after Partitioning of the Lakes · (F-47) Milling & Overlay Forest Lakes Dr, & side streets - Delayed until F-41 drainage work is complete · (F-45) Phase I: Regrade Swale Nos. 12-17 & Nos, 1-6 and install Culvert - Postponed until Spring 2009 . (F-43) Phase I: Quail Run Swale Restoration and Lake Improvements - Noted the (drainage) system is dependant on the Weir Controller located at Golden Gate Pkwy 2 16I~1 A 7 Darryl Richard requested an updated Aerial Map from Malcome Pirnie. Chris Tilman recommended delaying the Swale Regrade until Spring 2009, . (F-42) Phase I: Overlay Quail Forest Blvd, - Complete · (F-41) Improve roadside drainage in the Forest Lakes Villas and Condo area - i. Cleared debris to improve flow ii. Installation of Culvert pipe iii. Driveways are repaired with flowable fill and topped with concrete for consistency Darryl Richard questioned if the elevation in Forest Lakes is lower than other Communities Steve Preston - Storm Water responded that in older Developments the average home is 1-2 ft, lower. Discussions ensued and it was questioned what the minimum and maximum elevation is for the Weir Controller. Steve Preston stated that the (drainage) system is being surveyed and will report the elevation to Darryl Richard, Harold Bergdoll reported the repaired manhole has potholes and is located in the middle of the road. Darryl Richard will notify the County. It was requested to temporarily patch the pothole utilizing a Contractor until permanent repairs can be made by the County, VI. Old Business - None 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 :38 A.M. Forest Lakes Roadway and Drainage MSTU Advisory Committee 3 16/1 A 7 These minutes approved by the Committee on t D - '6 ,0 ~ as presented X or amended The next meeting will be on October 8, 2008 10:00 a.m. Collier County Transportation Building, East Conference Room 2885 Horseshoe Drive South Naples, FL 34104 4 16/11' A 7 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 Prepared by: Darryl Richard, Project Manager, Collier County Departrnent of Alternative Transportation Modes Tessie SiIlery, Operations Coordinator, Collier County Department of Alternative Transportation Modes (F~) - ACTIVE (PaC: Dany! Richard, Staff Lial8Dn; Chris Tilman, P.E. Project Management Coneultanl) - Replacement of Fairway No. 5 CUlvert - EnglneelS Ellimate $145,235 PRO.ECT PHASE Scope Prep Contractor Solicitation Contractor Selecl8d MSTU Clnt8 Fundmg Approved Coun\, WO Proc:e8lllng Contractor NTP Date ESt. Conlltruc:tion Completion Date Start - End Date 5/19/08 - 5/28108 6/05108 - 6/ZT/08 6/ZT/2008 6/11/2008 6/ZT/08 - 7/15/08 7/16/08 9/16/08 Proiect Notes: 5-12-08: Malcolm Pirnie submitted scope to County for approval. 5-19-08: Field Work by Malcolm Pirnie Staff 5-27-08: Scope finalized by MPI 6-05-08: Project scope solicited to all contractors listed on contract 08-50 II, quotes due on June 10. 6-09-08: MP extended quote due date to June 13 per contractor requests. 6-16-08: One contractor (Haskins) was inadvertently omitted from solicitation. MP sent solicitation and gave 10 working days to conform with terms of contract 08-50 I I. Quote due June 27 by 5 pm. 6-27-08: Contract awarded to Kyle Construction 8- I 3-08: Notice to Proceed and PO issued to Kyle Construction 8-22-08: Pre-construction rneeting with Kyle Construction to review field conditions and project scope 9-9-08: Mobilization to site (F-03) - ACTIVE (POC: Dany! Richard, Staff Liai8Dn; Chris Tilman, P.E. Project Management Coneultanl) - Quail Run Lake Shoreline Relltoration and Stabillzation- EnglneelS Ellimate Penclng SFWMD Feedback PRO.ECT PHASE Scope Prep Contractor Bidding Contractor SeIecl8d MSTU Clnt8 Funding Approved BOCC Approval Date Coun\, WO Proce8IIIng Contractor NTP Dalll ESt. Conlltruc:tion Completion Date Start - End Date 6/2/08 -12/30108 1/16/09 - 2/6/09 2/6/2009 2/11/2009 2/17/09 2/17/09 - 3/6/09 4/1/09 7/1/09 FOREST LAKES MSTU PROJECT STATUS REPORT September 10,2008 16/1 A I - Proiect Notes: 5-12-08: Malcolrn Pimie submitted scope to County tor approval. 6-11-08: Received ernail frorn SFWMD indicating that an ERP permit will be required for vertical bulkheads in ponds. MP is evaluating erosion control options, 9-9-08: MP added bulkhead locations and details to the ERP application, along with a map of each lake showing proposed bulkhead locations per SFWMD request. MP also conducted field work and developed scope documents for the project. (F-62) - ACTIVE (POC: DIInyI Richard, Staff UaIIOlT, Chris Tilman, P.E. Project Management ConSlltant)- Mira Vista Condo Ea.rnent PRO.ECT PHASE Scope P18P MSTU Cmte FlWIdklg Approved Counv WO Proat8ling Survey NTP Calli Survey Complelll Counv Real Eslalll PIOC88111ng BOCC Approval Calli Start - End Calli 3125108 - 4125108 4IW3lO8 4125108 - 5/14108 5/1512008 7/15/08 7/16/08 - 6/16/08 W!II08 Proiect Notes: 3-12-08: Malcolm Pimie met with Charles Stemple and others from the Mira Vista Condo Assn to discuss the MSTU project (F-47) and easements needed. Specific easernents include the lake adjacent to Mira Vista and a 10' wide easement on the west side bordering Quail Run, 3-26-08: MP met with Charles Stemple and others from the Mira Vista Condo Assn to review the draft easement agreement, some rninor revisions were requested. 4-16-08: MP met with Charles Stemple to review the revised draft easement agreernent, and he agreed to the revised language, MP will forward the easement documents to Kevin Hendricks for processing as soon as the survey is cornpleted. 8-13-08: MP gave draft easement docs and tlnal signed and sealed survey for Mira Vista to Kevin Hendricks for final processing and execution. 2 FOREST LAKES MSTU PROJECT STATUS REPORT 1 6 11m." A 7 September 10, 2008 (F-51) - ACTIVE (POC: Dany! Richard, Staff Ualson; Chris Tilman, P.E Projec:t Management Conlllltant)- Fore&t Lakes Condo Ea..ment PRO.ECT PHASE Scope P18P MSTU CmtlI Fl81d~ Approved Coun\t WO Proc:ellling SUlVey NTP Date SU/V8Y Complete Coun\t Rltal Ettate Proce8lling BOCC Approval Date Start - End Date 3125108 - 4/25108 4/9/2008 4/25108 - 5/14/08 5/1512008 7/15/08 7/16/08 - 8/16/08 9/9/08 Proiect Notes: 2-21-08: MP attended the Forest Lakes Condo Assn meeting to review the MSTU project and the easements needed, 3-5-08: MP met with Bob Gootee and others to review the MSTU project scope and walk the site to discuss specific drainage and pavernent work, 3-17-08: Malcolm Pimie emailed draft easement agreement to Bob Gootee for review. 4-8-08: Met with Bob Gootee to review draft contractor scope and draft easement agreement. 4- I 6-08: Met with Bob Gootee to review final draft easement document. Bob agreed to the revised language and MP will forward the easement documents to Kev in Hendricks for processing as soon as the survey is completed. 8-13-08: MP gave draft easement docs and final signed and sealed survey for Forest Lakes Condos to Kevin Hendricks for final processing and execution. (F~) - ACTIVE (POC: DarlYl Richard) - PHASE II: Projec:t 6b: March - Sept ZOOS; Recolllllruc:t the southern & northern ends of the Wood...lre Ditch (Merged with with F-49) EnglneslS EItlmate Penclng PRO.ECT PHASE Scope P18pll/lltion Contractor Solicitation Contractor Selecllld MSTU Cmt8 Fl81d~ Approved Coun\t WO Proce8lling Contractor NTP Date ESt. Conlllruc:llon Co"1lletion Date Start - End Date 6/15/08 - 8/20/08 8/20/08 - 8/30108 7/1/2008 8/11/ZOOS 7/1/08 - 7/20/08 7121/08 9/21/08 Proiect Notes: 3-10-08: PO issued to Malcolm Pimie for Phase 2 Field Services. Proposed improvement includes extending drop curbing from the existing inlet structures north to the entrance at Pine Ridge Road. 4-7-08: MP working with A TM Dept and Cmte to identity additional issues that may need to be addressed in conjunction with swale reconstruction. 5-19-08: MP field work. 5-21-08: Combined with F-49 reflected in Project Status Report 6-17-08: Final Scope being prepared 3 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 (F-48) - ACTIVE (POC: Dany! Richard). PHASE I: Project 5: FOI8&t Lakes Blvd. relief &ewer to Lake 10 16tlA .... I Proiect Notes: 3-3-08: Project suspended, will be re-evaluated after lake partitions are constructed and pond levels drop to nonnallevels. (F-47) - ACTIVE (POC: Darryl Richard, Staff UallOn; Chris Tilman, P.E Project Management Conalllan!) - MIlling & Overlay FOI8&t Lakes DrIve and llIde streets from Forest Lakes Blvd. to IOIAh end (Merged with F40) Enginee/'8 I:stlmalll $424,362 PRO.ECT PHASE Scope Prep Contractor Solicitation Contractor SeIecl8d MSTU Cml8 Fl8ldlng Approved BOCC Approval Dalll Coun\, WO ProatIIIng Contractor NTP Dalll Est. Conlllruc:llon Completion Dalll Start. End Dalll 2/1/08 - 5/19/08 6/5/08 - 6/16/08 6/16/Z008 (Betlllr RoadBl 6/11/Z008 7/2212008 7/22/08 - 6/15/08 6/16108 10116108 Proiect Notes: 3-3-08: Malcolm Pirnie presented the drainage improvements during the last condo association meeting and is scheduling for this Wed. to discuss tech. issues. 3-3-08: Waiting on PO for Phase II proposal (Malcolm Pirnie) 3-5-08: Malcolm Pirnie conducted follow-up meeting with Bob Gootee and other members of the Forest Lakes Condo Assn, to review technical aspects of proposed drainage improvements. 3-10-08: PO sent to Malcolrn Pirnie, scheduling field investigation work to analyze drainage. 3- I 7-08: Malcolrn Pirnie ernailed draft easement agreement to Bob Gootee for review. 4-7-08: MP working on draft scope for contractor solicitation, 4-8-08: Met with Bob Gootee to review draft contractor scope and draft easement agreement. 4-16-08: MP reviewed draft scope with County, preparing to solicit contractor quotes. 5-21-08: Cornbined with F-40 in the Project Status Report 5-29-08: Per Rhonda Cummings' email.this project will not have to be bid. 6-01-08: Scope updated 6-05-08: Project scope solicited to three contractors listed on contract 08-5045, quotes due on June 16. 6-09-08: MP extended quote due date to June 13 per contractor requests. 6-18-08: MP submitted quote results to County staff, recommended award to Better Roads. 8-14-08: Notice to Proceed and PO issued to Better Roads 8-25-08: Pre-construction rneeting with Better Roads, all agreed to delay start until Sept 15 to allow F-41 project time to cornplete drainage work. 4 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 " 16/1 Ii 7 (F-46) - ACTIVE (POe: Dany! Richard) - PHASE I: Project 3c: Feb - May 2008; Regrade SWale Nos. 12-17 & Nos. 1.e and inetall culvert. Total /8grade length approximately 19,704 L.F. (Merged with F-44) Englnee/S Blllmate $520,220 PRO.ECT PHASE Scope P18p Contractor BIdding Contractor Selec:l8d MSTlJ Cmta F\I1dlng Approved BOCC Approval Date Coun~ WO Pl'OC88IIng Contractor Nl'P Date Est. ConSrudlon Completion Date Start. End Date 211/08 - 317/08 5/15/08 - 6110/08 611012008 4/9/2008 612412008 6125108 - 7/8/08 8/8/08 9/30108 ProJect Deland until next veal! Proiect Notes: 3-3-08: Malcolm Pimie met with Quail Run management staff today to review draft scopes. Scope packages should be completed by the end of next week and contractor solicitations will begin after that. 3- 11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes, Field meetings with contractors scheduled this week. 3-18-08: Only one quote for one phase was received by the deadline 01'3/19, MP contacted all three contractors. Due to an ernail problem, all contractors did not receive the emails. MP provided hard copies to two contractors and verified with the third that all emails were received. MP extended solicitation deadline to Wednesday, March 26th 3-26-08: Received three quotes for each phase. 4-7-08: MP ernailed recornrnendation of award to Bonness, Inc. for all three phases. 4-9-08: MSTU emte. approved revised budget of $590,000 total tor project, County preparing item for BOCC approval. 4-25-08: Met with Purchasing to review projects F-43, 44, and 45. After discussion, the decision was to award F-43 to Bonness and put F-44 and F-45 together in a bid. The bid will be an informal maintenance bid using existing documentation. 5-21-08: Combined with F-40 in the Project Status Report 6-17-08: Project will have to be bid per Purchasing Dept. Will have to delay until next year. (F-43) - ACTIVE (POe: Danyl Richard) - PHASE I: Project 31: Feb - May 2008; Quail Run SWale Restoration and Lake Improwmenta: Regrade SWale Nos. 7-11 and inlltall culverts. Total /8grade lengll approllimately 5,974 L.F. Enginee/S Blllmate $198,575 PRO.ECT PHASE Scope P18P Contractor Solicitation Contractor SeI8c:l8d MSTlJ Cmta F\I1dlng Approved Coun~ WO proc:e.ng Contractor NTP Date Est. Conlllrudlon Completion Dete Start - End Date 211/08 - 317/08 6117/08 - 7/2108 7/212008 $240,000 on 4/9/08 7/2108 - 7/21/08 7/21108 9/22108 5 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 16 /:;:1 A 7 Proiect Notes: 3-3-08: Malcolm Pimie met with Quail Run management stafftoday to review draft scopes. Scope packages should be cornpleted by the end of next week and contractor solicitations will begin after that. 3-11-08: Scope packages sent out on 3-7-08 via email to contractors for quotes. Field meetings with contractors scheduled this week. 3-18-08: Only one quote for one phase was received by the deadline of 3/!9, MP contacted all three contractors. Due to an email problem, all contractors did not receive the ernails. MP provided hard copies to two contractors and verified with the third that all emails were received. MP extended solicitation deadline to Wednesday, March 26th 3-26-08: Received three quotes for each phase. 4-7-08: MP emailed recomrnendation of award to Bonness, Inc. for all three phases. 4-9-08: MSTU Cmte. approved revised budget of $275,000 for project, County preparing itern for BOCC approval. 4-25-08: Met with Purchasing to review projects F-43, 44, and 45. After discussion, the decision was to award F-43 to Bonness and put F-44 and F-45 together in a bid. The bid will be an informal rnaintenance bid using existing docurnentation. 5-27-08: On site rneetings scheduled with prospective contractors. 6-11-08: Per direction from County staff, MP will solicit quotes trom three vendors under new contract 08-501 L 6-13-08: Revamped scope tor F-43 ready for solicitation. 6-17-08: Final Scope Prepared; Estimate revised utilizing unit prices from recently quoted projects, 6-18-08: Project F-43 solicited to all five vendors on contract 08-501 I, quotes due July 2. 7-2-08: All quotes received, MP recommended award to Quality Enterprises in the amount of $ I 96,047.50. 7-23-08: Notice to Proceed issued to Quality Enterprises. 7-28-08: Pre-construction meeting to review project scope and field conditions. 8-25-08: Mobilization to site. (F42) - ACTIVE (POC: Darryl Richard) -PHASE I: Project 2; Feb - May 2008 Overlay Quail Forest Blvd. from Main Entrance to 80utlern end and reetore drainage- Engineers EstImate $115,000 PRO.ECT PHASE Scope Prep Contractor Solicitation Contractor Selecllld MSTU Cl1It8 Fl81dlng Approved Coun\, WO Pl'OC8IIIng Contractor NTP Date Est. Conl!llructlon Completion Date Start - End Date 1/4108 - 1/20/08 1/2ClI08 -1/31/08 2/3/08 (Better Road81 $115,000 on 2/13/08 3/1/08 - 3/%1/08 3/%1/08 5/31/08 PROJECT COMPLErED Proiect Notes: 3-3-08: Waiting for PO issue for Belter Roads; waiting for signature from Belter Roads, 3-26-08: Chris Tilman met with representatives of the condos along Quail Forest Blvd. to review the paving and drainage irnprovernents. Very positive reaction from all parties. 4-7-08: PO issued, Belter Roads scheduled to mobilize on 4/14. 4-8-08: Notice lelter for Quail Forest paving work distributed to condo presidents informing them of 4/!4 start date. 6 16~1 A 7 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 4-15-08: Better Roads mobilized to site to start work on the swales and drainage work. Tom Roadman (MPI) on site to coordinate activities. 4-25-08: Paving and drainage work completed, waiting 30 days for asphalt to cure prior to applying thermoplastic striping and RPMs. 6-01-08: Thermoplastic striping applied. Project completed. (F41) -ACTIVE (POC: Danyl Richard, Staff Walson; Chris TUman, P.E Project Management Conadtant) -Improve roadllde drainage In the Fore. Lakes Villas and Concb area and In porto.. of Fore. Lakes Blvd (cul-de-eacs, etc.). Engines.. Elllmalll $184,450 PRO.ECT PHASE Scope Prap Conlractor SoHcltatlon Conlractor SeIac18d MSTlJ Cml8 FWldlng Approved Countv WO Proc:e8llng Conlractor NTP Dalll E&t. ConSruc:llon Completion Dalll Start - End Dalll 3/15/08 - 5/10108 5/29108 - 6/13/08 6/16/2008 (Gustafson ConSruc:llon) 6/11/2008 6/18108 - 7n1oa 7/8108 918108 Proiect Notes: 3-3-08: Waiting on PO for Phase 11 proposal (Malcolrn Pirnie) 3-10-08: PO sent to Malcolrn Pirnie, scheduling field work. 4-7-08: MP working on draft scope for contractor solicitation. 4-16-08: MP reviewed draft scope with County, preparing to solicit contractor quotes, 5-28-08: MP three meetings with contractors on site to review project scope 5-29-08: MP amended scope to address contractor concerns 6-1 I -08: No quorurn for MSTU Committee meeting today, so MP did not attend. MP sent quotes via email to County staff and recommended awarding contract to Gustafson Construction Corp, the apparent low quoter. Also requested special meeting of MSTU Cmte to approve project funding so project stays on schedule. 6-13-08: Awaiting Purchasing Approval 6-18-08: Per email from Brenda Brilhart,this is an existing contract and the local preference does not apply to the older contracts. Go forward with the work order. 7-21-08: Notice to Proceed issued to Gustafson, 8-4-08: Mobilization to site. 7 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 161 P" ~, '"k.;j 7 (F-39) - ACTIVE (POC: Denyl Richard. staff Ual80nj Chrla Tilman, P.E Project Management Con./Itant) - Rlghtof.Way for Roadways, Swale.. and Drainage StructuI1llL Work Scope's b_d on RLS 07-TRN-00068 PRO.ECT PHASE Scope Prep MSTU Cmt8 FlIIdlng Approved Countv WO Procelllling SU/V8y NTP Del8 SUlVey Complel8 BOCC Approvel Del8 start - End Del8 3/26108 - 4125/08 4I9/ZOOB 4125/08 - 5/15/08 5/15/ZOOB 7/15/08 9/9/08 Proiect Notes: 2-13-08: Review ofRLS 07-TRN-00068 at regular Forest Lakes MSTU meeting, Malcolrn Pirnie has requested pricing for survey/legal descriptions necessary for this project frorn R W A Surveyor. 3-3-08: Malcolm Pirnie met with RW A to review scope. Waiting for final scope and budget from RW A 3-11-08: Revised scope received from RW A, recommended for processing by Malcolm Pirnie. 4-9-08: MSTU Cmte. approved revised RW A scope and budget for survey, County processing WOo 8-13-08: MP gave draft resolution docs and final signed and sealed survey for ROW to Kevin Hendricks for final processing and execution, (F-38) - ACTIVE (POC: Der!)'1 Richard) - PHASE I: Project 3d: Feb - Oct ZOOBj Conlllruc:t engkleered partitions In Lakes 8 and 10j (Malcolm Plmle Projected Budgllt $500,000); Q. Grady NInO/' . De8ign ConsIllant PRO.ECT PHASE De8ign Docs Prep SFWMD ERP App Sublrittlld SFWMD ERP Received Bid Preparation Advertise for Bid Contractor Selected MSTU Cmt8 FlIIding Approved BOCC Approvel Del8 Contract Procelllng Contractor NTP Del8 Est. Conlllruc:tlon Completion Del8 Start - End Del8 3/4108 - 5/31/08 5/19/08 9/30/08 9130/08 -10115/08 10115/08 -11/5/08 11/5/ZOOB 11/12/ZOOB 11/25/ZOOB 11/25/08 -1/30/09 2/2/08 8/4109 Proiect Notes: 12-10-07: Q. Grady Minor submitted proposal 1-8-08: Committee approved proposal 2-4-08: Staff requested consultant to resubmit proposal- lurnp 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, 3-3-08: PO issued to Q. Grady waiting for SFWMD confirmation of permitting prior to NTP. 3-4-08: Confirmation to proceed with issue of NTP from Malcolm Pirnie, 4-7-08: MP and QGM scheduling kickoff meeting to review project. 8 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 1 6 I 1....-. l\ ..' n ... I 4-9-08: MP, County Staff, Quail Run Staff, and Cmte Chair met to review partition project and discuss options (i.e. concrete, vinyl sheetpile, steel, etc.). Q. Grady to coordinate meeting with vinyl sheetpile rep to further evaluate materials and installation cost relative to concrete. 6-27-08: MP requested QGM to hold design work until rneeting with SFWMD on July 7. 7-7-08: Met with SFWMD to review ERP permit 7-21-08: MP directed QGM to proceed with steel sheetpile design for partitions. SFWMD requested signed and sealed design drawings for the partitions to be included with the ERP response. (F-37) - ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pimie) -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. Tilrnan to provide list for 1-9-08 rneeting. Note: · indicates cost based on previous estimate from WilsonMiller (F-36) - COMPLETED (POC: Darryl Richard) - Striping & reflectors within all roads in boundary map 10-10-07: Comrnittee 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 - Malcolm's office 11-14-07: cornmittee 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. 12th 1-7 -08: 90 % complete - Punch list to be reviewed 2-6-08: Contractor reports 100% completion. To be reviewed by Malcolm Pirnie & staff (F-34) - ACTIVE (POC: Darryl Richard, Chris Tilman (Malcolm Pirnie) - Swale Project Scope Definitions; 6- I 3-07: Meeting with Malcolrn Pimie to review base map of swales and lakes as per Bond Issue Project List. Map requires some minor rnodification, Scope of Swale projects will be derived frorn Base Map, SCHEDULE: Lakes MSTU - SwaIe Scope Definitions & Projects ,E Start - End Date r. Overlay Project 16 & 17 6/15/07 - 7/15/07 - Project Complete 7/1107 - 1130/08 in progress (50% complete) llfl412007 llfl4107 - 1/13/08 1/13/2008 1/1512008 3/2512008 In Novus 3-25-08 nent Prep. Swale Projects Survey - - RW A Y Survey 'y Completion :Iub Board Meeting - approval Approval Easements :C Approval Contractor Bids 3/25/2008 9 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 ] /~ A 7 r.~~ ....._J SwaJe Projects y ColIStrucnon 4/112008 4/112008- 6/30/08 1-7-08: Revised scope for each bond issue project in progress - Malcolm 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 Malcolm Pimie advisernent 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 easernent within Golf Course Property. Recornrnendation is to proceed with obtaining easement within Golf Course for both swales and lakes. Easernent is not required for roadways as per RLS. 5-9-07: Meeting with Kevin Hendricks regarding easernents. Kevin will work directly with Chris Tilrnan (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 Pimie) of the easement areas. 7-6-07: Meeting with Golf Course - review of easements - Chris - Malcolrn Pemie will be sending out a report of the results of meeting. 7-23-07: July 161h, draft document received from Malcolrn Pemie & County staff reviewing with Consultant - Presentation per Quail Run Golf Course 8-15-07: (week of) Malcolm Pimie coordinating project details with Quail Run Club Mgmt. 8-22-07: R W A will be performing Survey - quote from R W A pending regarding the Golf Course approval. 9-10-07: Obtaining scope of service from RWA- (RWA to create scope) 9-12-07: RW A has provided draft scope - under review by Malcolm Pimie 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: R W A 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 Malcolm Pemie. 1-7-08: RW A - Survey is 90% cornplete 1-9-08: RWA -Survey is 100% cornplete 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 Maintenance 11-08-06: Fogg moved to utilize annual contractor - rnaximum $ I 0,000.00 1-29-07: Requested estimate. 2-14-07: PO for annual maintenance in amount of$IO,OOO.OO 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 I 1-06-07: Request for PO in process 10-10-07: Received PO for $5,000 and NTP went out. 10 FOREST LAKES MSTU PROJECT STATUS REPORT September 10, 2008 '!f "I n o 1 n - I (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- I 3-07: Villas area has been completed, some rninor 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 Newrnan for minutes backup. 12-10-07: Need to have committee approve the arnount for the Work Order - $11,491.61 1-18-07: NTP 1-18-08 ending date January 17,2009 - (P. 0, #4500090493: dated 1-9-081- Project Name: Forest Lakes Asphalt Patching & Risers - Contract # 05-3773 . Annual Contract for (F-23) ON GOING-ACTIVE (POC: Darryl Richard)-Desiltation of Culverts: includes telescope inspection within Forest Lakes; MSTU Comrnittee vote to obtain annual services frorn 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- I 1-06: Cornmittee 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 Shenandoah 3- I 5-07: 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 cornpleted iterns near Lake #6 and Villas frorn 4-12-07 rneeting, 5-8-07: All Items noted on 4-12-07 are cornpleted. Ongoing rnaintenance as per future request 5-8-07: Committee requested Darryl to work with company - not following what they requested 5-23-07: Darryl rnet 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 bee 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 ro 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 11 FOREST LAKES MSTU PROJECT STATUS REPORT September 10,2008 16 fi A 7 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 frorn 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-LakeDoctors-$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 frorn 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', closed 10-12-07: New Fiscal Year 07-08 -NTP issued (F-36) - COMPLETED (POC: Darryl Richard) - Stripping & reflectors within all roads in boundary rnap 10-10-07: Comrnittee 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 Tillrnan - Malcolm'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. It" 1-7-08: 90 % cornplete - Punch list to be reviewed 2-6-08: Contractor reports 100% completion. To be reviewed by Malcolrn Pirnie & staff (F-29) - COMPI El'ED (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 infonnation 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 I -I I -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 recornmended 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 iterns 2-14-07: Bond Issue funds are anticipated to be available after April 1,2007. Cornmittee 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 a new schedule - draft debt service schedules showing coverage on the allocated millage and a revised Plan of Finance detailing the tax reform issue. 12 ,~~~,c<t ~ 1~ o ClS rIi 4,) "" 13 "" 8 Jj , L !>',S 8 l:l " ~~.oi o~~g~~ E! u i) ~.t:: ~.gZ't)]g '; BEg ~ g ~ go.a 0.0 0 =: ",." "" ~.::I' 0,. '/' ."." .s .S .S <,... "" o "" ...... ~ ... 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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 Community Development and Services Conference Room #6] 0, 2800 N, Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Elizabeth Perdichizzi VICE CHAIRMAN: Thomas Franchino Sharon Kenny John Thompson William Dempsey (Excused) Patricia Huff (via tele-conference) Craig Woodward ALSO PRESENT: Cheri Rollins, Zoning Dept. Misc. Corres: Melissa Zone, Principal Planner Steve Williams, Assist. County Attorney 16 t1 tl 8 Septernber 17,2008 L Roll CaII/ Attendance Chairman Perdichizzi called the rneeting to order at 9:15AM. Roll Call was taken and a quorum was established, It was noted Jarnes Harnmond and Lila Zook were also in attendance. II. Addenda to Agenda It was noted under VII. New Business, Itern c. for the "The Naples Cultural Landscape Fund" should be added to the agenda. III, Approval of Agenda Ms, Kenny moved to approve the agenda as amended. Second by Mr. Thompson. Carried unanimously 5-0, IV. Approval of Minutes: July 16,2008 Mr, Woodward moved to approve the minutes of the July 16, 2008 meeting. Second by Mr, Franchino, Carried unanimously 5-0, It was noted Ms. Huff was available via tele-conference. Mr. Thompson moved to allow Ms, Huff to participate in the meeting, Second by Mr, Woodward, Carried unanimously 5-0, V. Department of Zoning & Land Development Review Report A, Nothing to Report VI, Old Business: A, Updated reeomrnendations for the Historic Designation of the Naples Zoo, Ine. Melissa Zone, Principal Planner provided an update noting she researched one of the conditions (frorn the previous rneeting rnotion) indicating wording in a previous Executive Sumrnary's (ES) "Recornrnendations" regarding funding issues and could not locate the wording. She atternpted to contact Mr. Tetzlaff of the Naples Zoo (who is out of the Country) for clarification on this request and did not receive a response. In lieu of that information, the ES is rnoving forward for approval by the Board of County Cornmissioners. She noted the itern was "burnped" frorn the Septernber BCe's agendas and will be heard at a future rneeting. She is awaiting contact frorn Mr. Tetzlaff regarding the requested language, which will he placed in the ES. Mr. Franchino noted he located the language in a previous Executive Surnmary under the "Fiscal Impact" section as follows: "The HAPB assumes that the Naples Zoo shall have nofinancial obligations as a result of designating the subject 13.85 acre site historic. While either the County or Naples Zoo may contribute funds to this project, neither is required to do so. " The subject language in question will be incorporated into the ES. The ES will be in the Historical and Architectural Preservation Board (HAPB) October packet for review and information purposes, as it has previously been voted on by the HAPB. 2 16 Fl A I ~ Septernber 17,2008 Mr. Kenny moved to hear item VII. New Business C. before A. and B. Second by Mr. Woodward. Carried unanimously 6-0. VII, New Business: A. Review & Recommendation of HAPB Member Applications (Lois Bolin and Richard Taylor): The Board considered the applications of Lois Bolin and Richard Taylor. Lois Bolin had been under previous consideration for appointrnent with concerns at that tirne, Some concerns were based on past experiences with her involvernent in previous organizations, Ms. Kenny noted she knows Ms. Bolin personally and worked with her on a project. Further, Ms, Bolin is involved in the Naples Cultural Landscape Fund. Ms. Kenny moved to recommend Lois Bolin for appointment to the Historical Architectural and Preservation Board, Without a second the motion was not considered. It was noted Ms, Bolin had an incident with the Friends of the Museurn of the Everglades involving her and the Friends of Museum Board, which resulted in Staffrnembers leaving, and e-mail docurnents becorning involved in a lawsuit between the County Manager and the County Clerk. Another problern was mentioned with the Collier County Friends of the Museum; approximately 5 years ago when she atternpted to get the Director of the Museurn terminated, It was decided rnore detail on these issues rnight be required to rnake an informed decision, A rnernber frorn the Imrnokalee area rnight help balance the representation of the HAPB. More information is required frorn Mr. Taylor. Chairman Perdichizzi noted there was no motion on the floor as it was not seconded, Mr, Franchino moved to defer deciding on the applications and requested the County to re-advertise the positions in an attempt to increase the pool of candidates for choosing from (consideration.) Second by Mr, Woodward. Carried unanimously 6-0. It was noted that Mr. Taylor's application did not include additional information on his credentials that would assist in consideration of his appointment and Staff was directed to contact him. It was noted the votes are for "Recomrnending to the Board of County Comrnissioners" (BCe) the applicant's appointrnent to the Advisory Board." The BCC is not required to abide by the recornmendation, 3 16 I ".,1 !.~ 8 September 17,2008 Ms, Kenny moved to approve the date of the next meeting of the Historical and Architectural Preservation Board (HAPB) for October 22. 2008. Second by Mr, Franchino. Carried ununimously 6-0, Staff will e-mail a copy of Advisory Board Applications to members to be forwarded to any potential candidates. B. John Thompson and Thomas Franchino's last meeting: Chairman Perdichizzi presented Mr. Thornpson's and Mr. Franchino's with a "Certificate of Award" recognizing their service to the Board. Chairman Perdichizzi noted she received a response frorn State Archeologist, Ryan Wheeler regarding a letter she sent hirn on the issue of Calusa Canoes in Lake Trafford. Melissa Zone will forward a copy of both letters to Board rnernbers and the issue will be placed on a future agenda. Steve Williams, Assistant County Attorney was introduced to the Board. Mr. Woodward moved to commend the service of John Thompson and Tom Franchino to the Habitat Architectural and Preservation Board, Second by Ms, Kenny. Carried unanimously 6-0. C. The Naples Cultural Landscape Fund - James Hammond It was noted this item was for informational purposes and will be placed on a future agenda for formal consideration, A copy of the docurnent was provided to the Board for reVIew. A discussion ensued regarding the status and the issues involving the de-designation of US 41 as a scenic highway. Melissa Zone noted the de-designation is not official and the Federal Government has directed the State of Florida re-visit the issue. Patricia Huff noted there was a lot of rnisinforrnation provided in the previous considerations (affects in changes of speed lirnits, hunting rights, billboard signage, etc,) It was noted Workshops should be held for the public and necessary parties to ensure the governing body rnakes an informed decision. VIII, Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:25 AM, 4 1 '1 September 17, 2008 COLLIER COUNTY HISTORICAL AND ARCHITECURAL PRESERVATION BOARD ~ ~ ~du~ These minutes approved by the Board/Cornmittee on Of' Iv /J.p ( J (t lat as presented ,/. or as amended 5 A 8 ~'^ \:.1_~,-,.. !,~~?:U ;:E,;:'~. f~~""""'~1. ,H,iI' j t;f."'\ ~ ;,~+ 1'." · "":;.; it, ~ 16-T 1 A 9 TMMOKALF:F: RRAlTTIFTCATTON M.S.T.(l. AOVISORY COMMTTTKF ""'flll'mlll'r 2-1, 2flflX AGENDA I. Call Meeting to Order II. Attendance III. Approval of Agenda IV. Approval of Minutes - August 27, 2008 V. Transportation Services Report A. Budget - Caroline Soto B. Project Manager Report - Darryl Richard VI. Transportation Maintenance Report - ClM VIII. landscape Architects Report A. Maintenance Report- Michael McGee B. Phase II B. Project VIII. Old Business IX, New Business A. Roberts Rules of Order Presentation - Sue Chapin/Mancan X. Public Comment XI. Adjournment The next regularly scheduled meeting is October 22.20084:30 p,m. At the Immokalee Community Park 321 First Street South, Immokalee, FL ::~6~-~ Item.: 1 io Ie I) A0 Copies to: Fiala Halas Henning o,/Ie -:./~" letta =- 1 . '-;;; n 'r;: D 6 J 1 A R{:~' ,/ ~...'.iU'.'O;::8 h~'.J.- ;~) / j-na(:j -)IJi:t.. :~r)p,111i;;sj(merC', IMMOKALEE BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE September 24, 2008 Minutes I. The meeting was called to order at 4:32 PM by Cherryle Thomas, A quorum was established, II. Attendance Members: William Deyo, Cherryle Thomas, Andrea Halman, Dorcas Howard, Maria Ortiz County: Darryl Richard - Project Manager Landscape, Tessie Sillery- MSTU Operations Coordinator, Caroline Soto - Management Budget Analyst, Braley Muckel - CRA Project Manager, Christie Betancourt - CRA Administrative Assistant Others: Mike McGee - McGee & Associates, Weldon Walker - Code Enforcement, Sue Flynn - Mancan, Sue Chapin - Mancan III. Approval of Agenda Cherryle Thomas motioned to move New Business up to III. Second by Andrea Halman. Motion carried unanimously 4-0. Cherryle Thomas moved to approve the Agenda as amended. Second by William Deyo. Carried unanimously 4-0 Sue Chapin, Mancan gave a presentation on Roberts Rules of Order and provided the Committee with a Summary. (See attached) She recommended the Committee Members attend a Sunshine Law Seminar. Discussion ensued on how the Committee would like to receive notification of the MSTU Meetings and it was decided Mancan will email a notice 1-2 days before each meeting and call the Committee Members the morning of each meeting. Maria Orliz arrived at 4:37 pm IV. Approval of Minutes - August 27,2008 Tessie Sillery noted that Dorcas Howards' term expired on Se~; 23, 2008 and she would be unable to vote on any issues. She stated September 25, 2008 would be the last day to apply. DIIt; ltem#: ~,..., s 16/111 9 William Deyo moved to approve the Minutes as submitted. Second by Cherryle Thomas. Motion carried unanimously 4-0. Bradley Muckel, CRA Project Manager pointed out both he and Christie Betancourt are County employees and will be reporting at each meeting. Cherryle Thomas directed Mancan to add both Community Redevelopment Agency and Code Enforcement to the Agenda and place before Old Business. V. Transportation Services Report A. Budget Report - Caroline Soto distributed and reviewed. (See attached) . Budget Operating Expense - $136,977.30 . Available Operating Expense - $31,795.18 . Budget Improvement General - $1,086,300.00 . Available Improvement General - $ .00 . Current Ad Valorem Tax - ($315,100.00) . Available Current Ad Valorem Tax - ($11,038.71) B. Project Manager Report - Darryl Richard Project IMM-17 - Public Meetin!:! - Proposed Ordinance Revision to add Lake Trafford area parcels - will be discussed with the Immokalee MSTU expanding boundaries project. Project IMM-16 - Phase IV - CEI Services - project is ongoing and approximately 80% completed. It is scheduled to be completed by November 22, 2008. Proiect IMM-11 - Roadwav Maintenance - project is ongoing - maintenance continues according to Contract. Contract expires on September 12, 2010. Project IMM-5 - Phase IV - Li!:!htin!:! Project Darryl Richard reported some power problems and 80% of the installation of the new poles have been completed. He stated the Contract reflects the Contractor has until December 25, 2008 to complete the project. Darryl Richard reported McGee & Associates Contract expired December 12,2008. Maria Ortiz moved to extend the fiscal year maintenance contract one year. Second by Bill Deyo. Motion carried unanimously 4-0. Darryl Richard provided an Exhibit "A" showing boundary expansions. He suggested the Committee may want to consider the findings by the CRA Studies on Lake Trafford before making any final decisions and 2 16/1f.~ n 7 recommended having a Workshop with the CRA to discuss the Proposed Immokalee Area MSTU Revisions. Bradley Muckel, CRA Project Manager announced the RWA is having a Public Workshop at the Immokalee Community Park on September 26, 2008 on the Immokalee Area Master Plan and urged everyone to attend. Maria Ortiz moved for the MSTU to hold a Workshop Meeting with the CRA on the lake Trafford Road Improvements & Immokalee Beautification MSTU Boundary Expansion Proposal. Second by Bill Deyo, Motion carried unanimously 4-0. Christine Betancourt stated the CRA would like to give a presentation at the Workshop. Discussion ensued on holding a Workshop Meeting and the advantage of holding an Immokalee MSTU Special Meeting immediately after the Workshop. It was decided to hold the Workshop from 2:00 to 3:00 pm and the Special Meeting from 3:00 to 3:30 pm on October 8, 2008. The meeting will be held at Immokalee Community Park. Maria Ortiz moved to amend the motion to hold a Workshop Meeting plus hold a Special Meeting immediately after the Workshop on October 8, 2008, Second by Andrea Halman. Motion carried unanimously 4-0. VI. Transportation Maintenance Report - ClM None. VIII. landscape Architects Report A. Maintenance Report - Michael McGee Michael McGee did a "ride around" the surrounding area and reviewed maintenance issues and identified the following: . Crepe Myrtles leaning and some are damaged. . Replacement of some Crown of Thorns. . Missing grates need to be replaced or could become a safety problem. . Irrigation Boxes need to be cleaned out. . Will request a quote to clean the Irrigation Boxes. . Replacement of Foxtail Palms along both sidewalks at 3 locations. . Need to prune and thin-out Crepe Myrtles and take out crawl spreads. . Lights at New Market and Route 29 are burning. . Trash cans need to be cleaned due to refuge going under the liners. . Brick Planters are broken. Darryl Richard suggested Mike McGee include all the items in the new Work Order. 3 16/1 h 9 Discussion ensued on the number of banners required and it was decided 12 additional banners need to be ordered to include the new poles in the new section. B. Phase II B Project Michael McGee stated they are currently working on finalizing Purchase Orders. Darryl Richard stated the FOOT was doing a Pedestrian Safety Study. The FOOT will be reviewing and commenting on the Update of Phase II-B Project. He has not yet received a copy of the review. He also reported all the submittals have been approved from Bentley Electric on the Phase IV Lighting project. IX. Old Business Tessie Sillery stated the trashcans have been ordered and are scheduled to be received in 4 weeks. X, New Business - None. XL Public Comment - None. XII. There being no further business to come before the Committee, the Meeting was adjourned by the Chair at 6:00 P.M. Immokalee Beautification MSTU Advisory Committee ~~ These minutes approved by the Committee on ---J () - ~ . ()~ as presented '(<. or amended . A Workshop & Special Meeting is scheduled for October 8, 2008 Workshop - 2-3:00 PM and the Special Meeting - 3-3:30 PM The next regular meeting will be October 22, 2008 - 4:30 PM At the Immokalee Community Park 321 First Street South, lmmokalee, FL 4 ;:) co I- 0 rn 0 N ::Ii N ..; W Ul .... N ~ Q ! ~ z ;:) E 0 u.. Gl .. ::Ii Q. i! CIl rn Ci'C ::J .- _co ~o.. OON OO~ g>;i.,; N<:s8 N~N~ 16 J. 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J!I ~ .. 5 'E 8 U ~~~~~~~~~~~~M.~u)muJ~(/j~v.Wlhln~~~~MM~~M~M_ 8 8 8 8 8888 8 g 8 8 8 8 88 8 8 8 51 'C_ o g ci g , ~~~~ g ,..: g ~ g ~ gg ~ g g ~ -8 0 0 ~ 0 ~ '" ... m '" "' "'"' .... ... ... ~'C .,; a .,; a "":&6 N ... .,; as as N N Ncx) ~ N N .,; .. ::J ~ ~ m N N '" ~- ~ NN ~ ~ ~ lEI ~III !:l. ~ e ~ ... ~~WW~~~~~~~~M.~~~~~fi~~~~~W~~M~M~K~~~. ~ u -00 ~VI - W ..~ ~ ~ ~ ~~ ffi~~~~~~~~ ~~ --'~~~ 5~wz 8 ~8 ~ ~~ a::~~~~~~O~ w~mrii~ma::~~~~w z &u z ~~ ~ox0~~oa::oa::o>i a::a::0~~wa::o~w~~w~~z <(~~o Ww zUW~oo Uw w~c( ~ -~~o..m~~ mmzU ~ ~~~-~>-a::a::a::~~~a:: ~m~~~~o~~m~1il~~~ zzoa:: 8w --'~m~~o..~U-U-a::a::m~ o8z~w~~c(wuw~w~~m~~u~ ~~~w~~wffiffiooffi~ ~~~ouw~~~m6~oo..~~ooffi~~ffiw~j oo~oo~~~~~~~ 0 wWu ~ zzw~~ ~>~~~~~~>>m oow~w zwoo~>w~~wwwoc~~--~~~oc<o<~~wwwococ~ <( <( OCw ffl a::w ~ w Z z a::: a:: z It) ~... ~ u.. a:: W t- ::) t- ~ Z 0:( UJ W ~ a:: I:: z z C) " z W W ~ a::~ _><(<(a::a::<(~~~~Q~m ~_w~~~wo..o..<(goo<(mm~ ~w~~~wwa::a::<(<(a::wozzz~o~~a::~w~~~~<(a:: ~~ocwwo uo___a::a::t-t-uUt-z~ww_o~_~~~~ooO_Ut- roOOt-a::a::~ -NM.~~~~~~~~~:~:~~~~~~~~~~~~~~M~~~~~~ 16/;1 September 24, 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 Immokalee MSTU Project Status (IMM-l7) - ACTIVE - [)arrvi .. Public Meeting - Proposed Ordinance Revision to add Lake Trafford area parcels. 3-26-08: Diane Flagg confirms that we are to bring itern to BCC for approval. Staff to coordinate with MSTU Comrnittee on scheduling Public Meeting. 4-23-08: No Quorum 5-28-08: Public Review of Proposed Boundary Expansion scheduled for May 28, 2008. 5-28-08 : Committee approved to put on BCC - their recommendation for expansion. 5-28-08: Item placed in the novus for BCC -June 10" meeting. 5-29-08: MSTU Chairman requests item to be pulled from the bee agenda. 7-23-08: Staff provides map for Committee review at July 23, 2008 regular meeting. 8-27-08: Committee is to identitY specific parcels for the request for boundary expansion. 9-24-08: MSTU Conunittee to review proposed expansion and make specific recommendation to staff. (IMM- 16) - ACTIVE Darryl Phase IV - CEI Services; AIM Engineering Proposal. 2-27-08: AIM Engineering Proposal for inspection services for $66,710,00 received, Requires Committee Approval. 2-27-08: Committee Approved Scope, 3-26-08: Signature from AIM Engineering pending for processing Work Order. S-9-08: Pending when NTP to Construction is given. 5-28-08: Current NTP is anticipated tor 8-24-2008; AIM Engineering has been informed. 7-25-08: PO has been issued; waiting on PO Issue for Bentley Electric prior to NTP for CEI Services 7-25-08 Aim Engineering NTP to end November 22, 2008 (IMM-I I) - ACTIVE-ON(;OIN(; -(poco Tessie Sillery) - Roadway Maintenanee: BID #06-4008-- expires: 9-12-10 "Immokalee Beautification M.S.T.U. IM.S.T.D. Roadway Grounds Maintenance"; Commerical Land Maintenance Contract 9-12-06: BCC Approval of Contract 10-04-06: Notice to Proceed 10-12-7: New Fiscal Year 07-08 - Notice to Proceed. 7-23-08: On going maintenance continues according to contract; Contract Expires on 9-12-10 (IMM-5) -ACTIVE -(FDOT JPA Grant) (POC: Darryl) - (FDOT Funding commitment: $300.00) SCHEDULE: lnunokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29) Immokalee MSTU: Phase IV - Lighting Project (JPA Funding) (Hwy 29) FYI: PHASE Start - End Date 100% Plan Submittal Revised 100% submittal- McGee FOOT Reciept of revised sheets FOOT Review FOOT NTP 9/7/2007 10/24/2007 10/11/2007 1/14/08-2/14/08 4/24/2008 A 9 - 16 I 1 A 9 21 DAY BIDDING Deadline in Novus BID DUE Bce APPR County Process - Risk Mgt,- County Attorney NTP CONST 120 Day Substantial Completion 5/5108-6/5/08 6/9/2008 6/5/2008 6/24/2008 approx, 2 months 7-25-08 7/25/08 to 12-25-08 Final Completion Date 12-25-08 UNDER DESIGN 100% COMPLETE-LIGHTING-Immokalee Beatitication Phase IV - Design (Consultant: Mike McGee)- Design Phase - 30% Completion; McGee & Assoc. Work Order for $76,944.02 issued NTP Design on 3/25/05. McGee 60% plans are to be reviewed by StatTand Set up FDOT pre-app meeting with Lisa in ROW. Note: LISA TUCKER TO SET FDOT PRE-APPLICA nON MEETING DATE. MCGEE TO FILL OUT FOOT FORM FROM LISA TUCKER. On Jan. 24, 2006 there is a meeting with McGee and Sub-Consultant to review plans for FDOT Pre-Application. 4- I 7-06 McGee to re-submit plans with corrected project number for review. 5-1-06; McGee & Assoc. is non-responsive in providing requested 60% plans 5-30-06 McGee & Assoc. submitted 60% 6-5-0660% Plans submitted to Staff and FDOT for review. Review Pending. 6-12-06: 60% plans under review by FDOT. 6-27-06: 60% plans under review by FDOT 7-18-06: 60% plans under review by FDOT 8-16-06: 60% plans under review by FDOT 8-22-06: 60% plans under review by FDOT 8-31-05: Email sent to Karen Miracolla for status of60% review. 9-25-06: PBS&J request information from McGee & Associates for project. 10-18-06: Request to proceed with 100% plans submitted to FDOT I I -8-06: Direction to McGee & Associates to proceed to 100% Drawing Submittal. 1-17-07: Waiting on plans from McGee ~ 100% plans are due into FDOT for this project 3-28-07: 100% plans delivered to FDOT for review. Approval is pending. 4-20-07 - revised schedule below 5-14-07: Still waiting on FDOT. 5-23-07: Still waiting on FDOT 6- 11-07: FDOT has replied with comments - LA reviewing comments 7-23-07: McGee ~ pending Engineer ~ to answer photometric lighting conunents from FOOT made. 8-22-07: McGee - waiting for conunents and revised plans. 9-07-07: McGee submitted plans today. And plans will be submitted for FDOT review 9- 11-07' 9-2 I -07: Updated plans from McGee - re- submittal to FDOT on 9-25-07' 10-24-07: Pending FDOT response 11-06-07: Pending FDOT response 12-10-07: McGee Plans re-submitting to FDOT. 1-7-08: McGee revising plans as per FDOT comments - 100% plans pending. 1-22-08: McGee completed 100% plans - to be forwarded to FDOT (min. 30days) 1-31-08: County submitted 100% plans to FDOT - Michelle Peronto. 7-25-08: NTP Sent to Contractor 9-24-08: Project Electrical Conduit is 80% completed. 2 16/1 " q . (IMM-3) ACTIVE - (POC: Darryl) Immokalee MSTU expanding their boundaries- SCHEDULE: lnunokalee MSTU: Boundary Expansion Proposal 5-15-06-RLS sent to Scott Teach -to answer committee questions on expanding boundaries and procedure of expanding. 5-30-06 - in recent emails Scott Teach advises 50+ petitions to go before the board. 6- I 2-06: Conunittee to petition citizens for proposed change. - Staff has maps complete. 6-27-06; Confirmed with Scott Teach - yes 50%+ I required. 7-18-06: Conunittee on 8-16-06 with Scott teach evaluation on proposal -- conunittee is required to provide 50% + I petition - prior to proceeding with expansion of boundaries. 8-7 -06: Kevin Lilly to provide assessed values and Dan Regan is to provide survey data for delineation. Scott Teach is working on sample petition. 8-16-06: Sample Petition Complete, Mapping Complete. County Attorney review and recommendation pending. 8-16-06: Due to No Quorum Conunittee Action not taken. Committee action required to approve petition and approval of funding for mailing of petition to residents. 9-20-06: Committee approved Sample Petition and Boundary Expansion and payment for mailing. Mailing is to have Spanish and Creole language. 10-30-06: Final Petition, Boundary, and List of Names/Properties sent to Scott Teach for review and approval. Required letter to residents is still pending, Committee Chairman Action required. 12-04-06: Review by committee chairman Rita Avilas pending 1-17 -07: Rita to review and come back with comments at next meeting. Staff requires Committee approval for draft letter to residents prior to mailing. I -24-07: Draft letter distributed to committee to review and respond to item. 4- I 0-07: Revised letter as of 3-28-07 Committee recommendations sent to Conunittee Chair for review/approval. 4-20-07: Schedule will be revised after 4-26-07 meeting: 5- I 4-07: Pending approval from chairman 5-23-07: Requires Chainnan /Committee approval.- committee approved letter in 3 languages 6- I 1-07: Requested for estimate for mailout - mancan 6-25-07: Scott Teach - Reviewing letters, procedure and answering Mancan's questions. 7 -10-07: Dorcas Howard is reviewing the final draft of letters to add one-line statement for clarification regarding 'Respond by Date'. (August 15, 2007) 7-23-07: On 7-10-07 - County Attorney- Scott Teach - emailedstaff-..Yes.Itis my recommendation that you bring this to the BCC, perhaps through a member of the Advisory Conunittee, prior to taking any further action.". - MSTU will be meeting in September 07. 8-22-07: Conunittee to select member to attend BCC meeting and present before the board. 9-24-07: Committee to select member to attend BCC meeting and present before the board. 9-24-07: No Quorum Again - Only Miss Thomass was present. 10-24-07: Committee selected Cheryl Thomas to assist getting things done and speaking to conununity members and William to speak to bcc and introduce Darryl to speak. I I -28-07: No Quorum. 12-26-08: No meeting holiday 1-25-08: Committee did not discuss, but requested CRA Executive Director to attend and introduce herself. 3-25-08: Committee Chair asked BCC to come back to board and expand boundaries - BCC stated no need for petition. - Immokalee mstu was not created with a petition. 5-29-08 : Committee Chair requested to pull item from BCC agenda. To be reviewed 6-25-08. 7-23-08: Staff provided map for Conunittee review during July 23, 2008 regular meeting. Parcels need to be verified by Committee for inclusion in boundary expansion proposal. 8-27-08: Committee is to identify specific parcels for the request for boundary expansion. 9-24-08: Committee to make specific recommendation to stafffor boundary expansion. 3 1611 11 9 fxt'I'\Jct A, " I' , ~ort\l CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE November 10, 2008, 9:00 A,M, Commission Boardroom . ~"",,\'i .,,,,,,,,,,ss,one"\N, Harmon Turner Building (Building "F"), Third Floor AGENDA Fiala Halas Henning I Coyle Coletta ~/ ,ECEIVED ') r" ~ r, '1008 '.,." .] U t. ~_,,;"'.i' , I. II. III. IV, RollCall Approval of Agenda Approval of October 14, 2008 Minutes Old Business: A, Real Property Managernent Update - A-list properties I. Overall Status V, B. Contracts I. Pepper Ranch - contract review and property naming ........"'"'... -. 2. NGGE Unit 53 - Depes~1fa, Gonzalez:' Mir, Palacios 3. Winchester Head - Berman/Celsnak Trust 4. Camp Keais - Bortnick, Darby, Griffin, Schaab C, Conveyance proposals update - staff D, Prograrn financial status update - staff E, Real Property Management trends update - sta1 New Business ~ A, ICSRs 1, Joyce B, Cycle 6 proposal updates - scoring charts C, Refresher - development of Active Acquisition list D, Conservation Collier Logo proposal E, Benfield Road Restoration Management Plan F, Starnes Panther Conservation Bank Agreement G, Outstanding Advisory Comrnittee Member Prograrn H. Coordinator Communications VI. Subcommittee Meeting Reports A, Outreach - Tony Pires, Chair B, Lands Evaluation and Management - Marco Espinar, Chair C. Ord, Policy and Procedures - Will Kriz, Chair VII, Chair Committee Member Comments VIII. Public General Cornments IX, Staff Comments X, Adjourn 16/1 1110 ****************************************************************************************************** Comrnittee Members: Please notifv Alexandra Sulecki at 252-2961 no later than 5:00 D,m, on November 7, 2008 if vou cannot attend this rneetinll, Mise CoINs: 0Ile: ! ~ --{J ~ ~t10l[~_ -4J~ ~ ':JPies to ".", 1-: L.: 'it;ll8 Fiala ~ . .... 1 Halas ' Henning . . Coyle v,/ Coletta ~ 16flAlO ,. October 13, 2008 v _;j,j"j.. ,_\ ,>',d~"" MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, October 13,2008 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 AM, in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Bill Poteet (Excused) VICE CHAIRMAN: Will Kriz Marco Espinar Wayne Jenkins Michael Delate Tony Pires Jeffrey Curl Mimi Wolok Jon Staiger ALSO PRESENT: Jennifer Belpedio, Assistant County Attorney Cindy Erb, Real Property Management Alexandra Sulecki, Conservation Collier Coordinator Christal Segura, Conservation Collier Land Manager Roosevelt Leonard, County Appraiser Anissa Karim, Environmental Specialist John Yonkosky, CC Budget Director Misc. Corl'es Claudine Auclair, Transportation Planning D5IftW: Item 1:___ Copies to: 16jlAlO October 13, 2008 I. Roll Call Vice Chairman Will Kriz called the rneeting to order at 9:00AM, Roll call was taken and a quorurn was established. II. Approval of Agenda Alex Sulecki noted under itern 4E,2 the Land Developrnent Code (LDC) arnendrnent was pulled frorn the current cycle of LDC arnendments, Mr. Pires recommended tabling 4E.2 until the amendment language is re-subrnitted, Mr. Delate moved to approve the agenda subject to the following change: Item V.B, I "Gore, McGinnis, Stims" to "Gore, McGinnis/Purpero, Stims" Second by Mr, Espinar. Carried unanimously 8-0. III. Approval of Septem ber 8, 2008 Min utes Mr. Delate moved to approve the minutes of the September 8, 2008 meeting subject to the following correction: Page 7, paragraph 5, line I frorn "available resources for the Prograrn rnay be spent..," to "available resources for the Prograrn must be spent... " Second by Mr, Staiger. Carried unanimously 8-0. IV. Old Business: A. Real Property Management Update - A -list properties L Overall Status Cindy Erb, Real Property Management provided the following updates: Trinh/River Road - approved by Board of County Cornrnissioner on 9/23/08; closing docurnents in preparation Winchester Head - 1 agreement presented 10/13/08 under Contracts; 6 accepted offers; I rejected offer; 6 remain undecided Stiffler Specialties, Inc. - Closed on 9/22/08 CAC Land Trust - Closed on 10/08/08 Berman/Celsnak - Closing in approximately 30 days; to date 24 otTers accepted; 3 rejected; 3 undecided, 13 agreernents for 15 parcels presented today under Contracts Kave Homes - Closing in November Camp Keais - 6 accepted offers; I undecided; I agreernent presented today under Contracts 2. Hamilton The owner has reduced the asking price from $2,174,650 to $1,913,000 which constitutes new information so the item may be returned to the Board of County Cornrnissioners for re-consideration. Staff continues to work with the Conservation Fund in pursuit of a possible grant amount of $1 M to aid in acquisition of the parcel. No action is required unless there is an objection by the Committee. Mr. Espinar stated he objects to the acquisition without Grant funding as the price is too high. A(lc-\.Qr\: Tkc(O'ilm,lt(.;: (:cf;o {{(.,..;~IC(~' (~\\(\ fC'l C'bJ2(-\ 2 16/1AIQ October 13, 2008 3. RJS LLC The parcel under consideration is 8.31 acres larger in size than originally reported, A new appraisal will be conducted by Roosevelt Leonard, County Appraiser which will add approximately $80,000 to the purchase price, No action is required unless there is an objection by the Committee, Mr. Delate. stated he objected to acquiring par~e1s in this are~, .[ f,0ctec\ , ~1J..( (opln\(lfcc n,>c\ i--.'hCl,CC{,d r\DI ~l)Jer:\ B. Contracts 1. Pepper Ranch Alex Sulecki, Conservation Collier Coordinator reported the contract is still in draft fonn as there have been additional comments from County Staff, Committee mernbers, Sellers and their Attorney, etc. She noted the intent is to present the contract to the Board of County Commissioners on November 18, 2008, She recommended the Committee fonnulate a plan to finalize the contract for their rneeting so it rnay be approved. She reviewed the document entitled" Agreement for Sale and Purchase" between Lake Trafford Ranch, LLLP and Collier County prepared by the County Attorney's office dated 10-10-08, It was noted the draft is color coded with County cornments/revisions in yellow, Sellers cornrnents/revisions in blue and Cornmittee rnember Anthony Pires cornrnents/revisions in red, An e-mail, subject: "Cornrnents on Proposed Pepper Ranch Contract" frorn Comrnittee member Mimi Wolok to Alex Sulecki, dated October 12,2008 was entered into the record, Jennifer Belpedio, Assistant County Attorney recornmended the item be referred to sub-committee for discussion in detail and the final docurnent be presented to the full Committee at the regular Novernber rneeting, It was noted this will be an Ordinance, Policy and Rules Subcornrnittee rneeting and open to the public, Speaker Dick Grant, Attorney for Lake Trafford Ranch, LLLP expressed concern the next Conservation Collier rneeting may be held after the cutofffor items to be placed on the Board of County Commissioners (BCe) agenda, He suggested the cornrnents or concerns regarding areas in the Contract be voiced today so they may be addressed, It was noted there is ample tirne to complete the task by Subcomrnittee for the next regular Conservation Collier rneeting, Financing issues rnay also need to be addressed. The Ordinance, Policy and Rules Subcornrnittee will meet on October 24, 2008 at 9:30AM to address the document for subrnittal to full Committee, 3 1611 A 10 October 13, 2008 Mr. Delate stated he has been approached by individuals in the Econornic/Developrnent Cornmunity who expressed concern over the County acquiring this parcel during the current economic times Mr. Pires expressed concern over the current economic times and associated real estate values and questioned if the property should be re-appraised; in addition potential issues regarding bonding capacity should be investigated, It was noted the Contract is contingent on the County being able to arrange financing. Ms. Wolok stated individuals have approached her in support of the acquisition and noted money was allocated to the Prograrn via a voter referendurn. Speaker John Yonkosky, County Budget Director addressed financing issues noting the bond would be backed by ad-valorern with an interest rate in the 4 to 5,5 percent range, The rating anticipated is a "triple A" (AAA) rating, He will be available via telephone for the October 24, 2008 Ordinance, Policy and Rules and Subcornmittee meeting if necessary. Jennifer Belpedio suggested any cornments for the October 24, 2008 Subcommittee meeting be submitted to Staff in advance. Cha..l<f.c\; 3 2. NGGE Unit Sj. - Less, Neri, Toledo, Jackson, Jones, Kissinger, Beardsley, Blake (2), Celsnak, Flores (s), Rosillo. Scheckler, Shryock Mr, Espinar moved to approve the following Executive Summaries and attached agreements: Approve an Agreementfor Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed 518,700 (Less) Approve an Agreement.for Sale and Purchasefi)r 4.48 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed 57J, 900 (Neri) Approve an Agreement/or Sale and Purchase for3.49 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed 556.100 (Toledo) Approve an Agreement.for Sale and Purchase .for 1.59 acres under the Conservation Collier Land Acquisition Program. at a cost not to exceed 526,000 (.Jackson) 4 16ilA10 October 13, 2008 Approve an Agreement for Sale and Purchase for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800 (Jones-RMSP) Approve an Agreementfor Sale and Purchaseforl.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000 (Kissinger) Approve an Agreementfor Sale and Purchasefor 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700 (Beardsley) Approve an Agreementfor Sale and Purchase for 2. 73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,600 (Blake) Approve an Agreementfor Sale and Purchase for 1.59 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $26,000 (Celsnak Tr.) Approve an Agreement for Sale and Purchase for 4.32 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $69,800 (Flores) Approve an Agreement for Sale and Purchase for 5.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $80,000 (Rosillo) Approve an Agreementfor Sale and Purchasefor 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800 (Sheckler) Approve an Agreement for Sale and Purchase for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700 (Shryock) Mr. Delate stated he would vote for the rnotion but is not in favor of acquiring any properties other than those the Comrnittee has already agreed to "go ahead with." Second by Mr. Curl. Curried unanimously 8-0. 3. Winchester Head - Jones Mr. Jenkins moved to purchase the property ( approve the Executive Summary entitled "Approve an Agreement for Sale and Purchase for 1.59 within the Winchester Head Multi-parcel Project under the Conservation 5 1611 - ..... ~10 October 13, 2008 Collier Land Acquisition Program, at a cost not to exceed $30,000 (Jones- WH.)) Second by Ms. Wolok. Carried unanimously 8-0. 4, Camp Keais - Tucker The Executive Surnrnary indicates an appraisal value of $9,800 for the property; and includes the cost of the appraisals for all of the parcels in the area of acquisition. Mr. Delate moved to not approve the Contract (Executive Summary entitled "Approve an Agreementfor Sale and Purchase for 10.0 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $35,500 (Tucker)" and attached agreements). Second by Mr. Espinar, Mr. Delate noted in his opinion the Prograrn should not purchase parcels in this area. Mr. Espinar noted the parcels are more suited for acquisition by other Prograrns (private sector rnitigation) and there is no public access to the parcels, Motion carried 7 yes - I no. Mr. Pire.~ voted "no." Discussion ensued on the wording of an alternative rnotion. Even though the Cornrnittee recommended not purchasing the parcel, the item will still appear with the recornmendation before the Board of County Comrnissioners for a final decision. Mr. Pires lefi at JO:06AM Ms. Wolok moved to indicate the rejection was based upon a lone parcel and that more parcels in the same area should be presented to the Committee at the same time rather than a lone parcel. Second by Mr. Staiger. Motion failed 4 no - 3 yes. Ms. Wolok, Mr. Staiger and Mr. Curl voted 'yes." Mr. Pires returned at JO:09AM Mr. Delate requested Roosevelt Leonard, County Appraiser provide an evaluation to the Committee on trends of "raw land prices" for informational purposes. C. Conveyance proposal updates Alex Sulecki reported the following: Benfield Road . Managernent Plan under review . Phase I Site Environmental Assessrnent being arranged 6 16/1 Ala October 13, 2008 . Exotic Contract Rernoval under review Calusa Reserve . Managernent Plan su.brnitted . Comments sent to Consultant . No response as of yet D. Freedom Park update - Margaret Bishop, Sr. Project Manager, Transportation/Stormwater Dept. The Comrnittee viewed a Power Point presentation regarding the status of Freedorn Park located on the northeast comer of the intersection of Golden Gate Parkway and Goodlette Frank Road. The total cost ofthe construction is $9,2M including boardwalks and educational facilities, E. Donations of Lands or funds as option for offsite native vegetation preservation 1. PUD language Alex Sulecki provided a copy of a proposed rnernorandurn to Bill Lorenz for input on PUD language, Mr. Pires recommended the documents reference the actual narne of the Collier County Trust fund responsible for receipt of the payments for endowments. Ms. Wolok moved to approve the memorandum from Conservation Collier Land Acquisition Advisory Committee to Bill Lorenz, Director, Engineering and Environmental Services dated October 7, 2008 Subject: "PUD Language regarding donation of land or funds to Conservation Collier in lieu of onsite native vegetation preservation" with the addition of Mr. Pires above recommendation. Second by Mr, Curl. Motion carried 6 yes - 2 no. Mr. Espinar and Mr. Delate voted "no." 2. LDC amendment language Tabled Mr. Pires left at JO:3IAM V. New Business A. Cycle 6 applications list 1. Late applications - Joyce and Kelley Trust Christal Segura presented the applications noting the deadline for the Cycle's (Cycle 6) applications was August 15, 2008, The Joyce application was received on September 12, 2008 and the Kelly parcel was received on August 21, 2008, She noted action would be required to consider the parcels further. Mr. Espinar moved to not add the Kelley property to Cycle 6. Second by Mr. Jenkins, Carried unanimously 7-0. 7 1611 October 13, 2008 A 10 It was noted this parcel could be added to Cycle 7, Mr. Jenkins moved to accept the Joyce parcel in Cycle 6. Second by Ms, Wolok. Carried 6-1. Mr. Delate voted "no." Mr. Pires returned at lO:35AM B. ICSRs 1. Gore, McGinnis/Purpero, Stirns Gore (Naithloriendunl Alex Sulecki noted the following: . Score 239 out of 400 . The parcels are located north of 175 . Estimated market value = $2.331,500 . Dr. Gore is willing to include the home site parcel in the acquisition but wishes to remain on the property a "couple of years" . Transportation Departrnent may partner in the acquisition for rnitigation purposes; other partnerships are being investigated . The actual acreage of the acquisition is 183.52 acres, not 197 +/- stated in the report . The actual estirnated market value of the property is $12,500/acre, not $1 250/acre as indicated on page 7 of the report The status of standing water on the parcels should be provided before a vote on the parcels; purchase of the parcels should be a group including the horne site with the reservation of a life estate or other rernedy for Dr, Gore (right oftirst refusal to County, etc,) McGinnis/Purpero Christal Segura, Conservation Collier Land Manager noted the following: . Score 185 out of 400 . The parcels are located on the Southwest Corner of the intersection of Pine Ridge Road and Logan Blvd . Cornbined total area is 7,67 acres . Two parcels to the west may be available as well . Estimated market value = $1,073,000 . Transportation is interested in partnering in a portion of the acquisition for the McGinnis parcel for proposed irnprovements of Logan Blvd; the land involved in the irnprovernents has already been acquired from the Purpero property Discussion ensued regarding the status of the existing property lines and related easements (do the property owners own to the centerline of the roads with easements to the County or did the County acquire right-of-way via fee sirnple), 8 16/1 A10 October 13, 2008 the cost to Transportation Department for the right-of-way on the PUrpero parcel and the acreages involved, Roosevelt Leonard, County Appraiser stated the Transportation Department paid $76,250 ($5.30 sq/ft) for the right-of-way acquisition on the PUrpero property. He noted this cost rnay have included attorney fees, etc, and not just land costs. It was recornmended these issues be clarified before the next vote is taken on the properties. Stirns Anissa Karim, Environmental Specialist noted the following: . The parcel is an addition to the Rivers Road properties . Score 224 out of 400 (the score represents all of the River Road properties combined with Stirns added) . Estirnated Market Value = $980,000 . There are a variety of structures on site that may be utilized by the Program . A County Building Inspector estimate $40,000 will be required to rnake the buildings Code Cornpliant for public use It was recommended the following infonnation be assernbled before the vote on the parcel: . Status of easement rights for public use on Moulder Road and detennine who is required to rnaintain the road . Estimated costs to upgrade the roadway if necessary . A copy ofthe original septic systern design . Status ofthe School Board construction tirnetable for the project at lrnrnokalee Road/Moulder Drive Speaker Lou Stirns, landowner noted the septic field is "large" with a 1250 gallon septic tank. Currently, he maintains the roadway, C. Freitas Interim Management Plan Mr. Delate moved to approve the document entitled "Conservation Collier: Freitas Property Interim Management Plan - 2nd Draft" dated October 2008. Second by Mr. Curl. Carried unanimously 8-0. D. Outstanding Advisory Committee Member Program None E. Coordinator Communications None VI. Sub-Committee Meeting Reports A. Outreach - Tony Pires, Chair 9 ~ lU 16rl October 13, 2008 The Comrnittee has been rneeting to re-evaluate the Program's brochures and discussing Public School interaction possibilities for the Program, A general Conservation Collier updated brochure was handed out with staff advising the goal is to approve distributing it to the public at an upcoming event. No vote was taken, B. Lands Evaluation and Management - Marco Espinar, Chair There will be a meeting on October 24, 2008 at 8:30AM C. Ordinance Policy and Procedures - Will Kriz, Chair There will be a rneeting on October 24,2008 at 9:30AM VII. Chair Committee Member Comments Mr. Espinar requested Staff provide an update on the ramifications of falling property values in relation to the Program's budget and an overall status of funds available, The cattle lease requirement of lirniting 100 head of cattle on Pepper Ranch should be re-considered to reference the total nurnber of cattle the leased area can sustain and also clarification on gun licensing requirernents and types of firearms allowed for individuals when rCHl8viAg lo'J3es of livestock referenced in the Contract. ( h,f ; w-::Vj\: (l i' ,,'-",1 ( h , .'\'j VIII. Public General Comments Amber Crooks, Conservancy of Southwest Florida noted the Conservancy has comments on Off-site Preserves Land Developrnent Code Amendments and asked when the Committee would review the proposed draft. Alex Sulecki noted when the draft is rnade available to thern, it will be reviewed, IX. Staff Comments None There being no further business for the good of the County, the meeting was adjourned by order of the chair at 11 :50 A,M, Conservation Collier Land Acq uisition Advisory Committee 10 16/1410 October 13, 2008 These minutes approved by the Board/Cornmittee on .tlerz;- / t> 7- {'." i as presented or as amended ~ 11 Co~T County ~- 16Jl~lO Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners ~ Alexandra Sulecki, Conservation Collier Program Coordinator (p From: Date: November 10, 2008 Subject: Transmittal of approved signed Minutes from the October 13,2008 Conservation Collier Land Acquisition Advisory Committee Meeting Please tind attached the following: . Approved, signed Minutes from the October 13,2008 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 Fiala Df'/4f.-""1 Halas f 1/1 rUl HenNn9~'. Coyle Coletta CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION Naples, Florida, May 21, 2008 !{-'. r- 16'/ 1 A 1 ,!"<c~' '" ''-0 1\ ii-C, . V .___ '1 2008 ';{;;1InA ,; ilJ"tv l:;or'limi5Sloners LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division, met in REGULAR SESSION on this date, May 21, 2008 at 10:00 A.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida, with the following members present: Mr. James Burke, Acting Chairman Ms. Mary Anne Womble Mr, John Domenie (Absent) Dr. Ted Raia Ms, Annette Alvarez ALSO PRESENT: Mr. John Petty, Division Administrator, Pelican Bay Services Division; Ms, Janice Lamed, District Offices, LLC; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Mr. Tim Hall, TurrelL Hall Associates, Inc.; Marcia Cravens, Mangrove Action Group, Doug Finlay, City of Naples; Ms, Barbara Smith, Recording Secretary. AGENDA I. RollCall 2, Approval of Minutes oftbe March 19, 2008 Meeting 3. Audience Participation 4. One Year Extension of Exiting Permit Approval 5, Discussion of Outstanding Issues of Existing Permit 6, Status Report on Application for New Permit Focusing on Mangrove Maintenance and Hydraulic Balance 7, Clam Bay video Dissemination Status 8. Audience Conunents 9. Adjourn ROLLCALL CHAIRMAN BURKE: If everyone will take his or her seats, I am going to call the meeting to order. It's 10 o'clock. Jim Burke will be the acting chairman in the absence of Chairman John Domenie. Barbanl, can we have the roll call? MS, SMITH: Let the record reflect that three of the five board members are present, Mrs, Womble is probably running late; and Mr, Domenie is absent. CHAIRMAN BURKE: 1'\1 ask for a motion to approve the minutes of the March 19th meeting as given to us. MS. SMITH: Mr. Burke, who made the first and second motion on that? Who made the motion and second? DR. RAlA: It sounded like I did both. MS, ALVAREZ: I'll do the second. CHAIRMAN BURKE: Yes, MS. SMITH: Okay, Thank you, Mile, CoINs: 011I: t~ -Dl-tfl, Item" 10 ILl)A-ll CHAIRMAN BURKE: All in filvor? All opposed? 675 Copies to: Clam Bay Committee Meeting Mav 21. 2008 16/ I AIr Dr, Rata moved seconded by Ms, Alvarez and approved unanimously the Minutes of the March 19,2007 Meeting. ---- ------ - ----- - - - -- --- - ----- --- AUDIENCE COMMENTS CHAIRMAN BURKE: At this point, we will have audience participation. Do we have anybody that would like to conunent at this point? MR, FINLAY: I'm Doug Finlay, City of Naples. I'm involved in a Collier County mixing study group with Jim Burke, And at that mixing study work group, Dr. Tomasko wanted to do five-random-site water quality testing in Moorings Bay for a period of at least three months; as well as install flow meters at the Park Shore and Harbour Drive bridges, I'm just here to let you know that the taxing district of the Moorings Bay Citizens Advisory Committee, which oversees the taxing district for Moorings Bay, did vote yesterday to fund the rental of those flow meters as well as the additional random-site testing that Dr. Tomasko wants to do, There was also a depth survey of the bay that Dr, Tomasko was wanting, which I did find one that was done in full throughout the entire bay in '06 and '07 that was given to Gary McAlpin yesterday as well. Whether that will suffice for what Dr. Tomasko needs, I don~ know, but I just wanted to let you know that the Moorings Bay people acted very fast on what Dr. Tomasko was wanting, CHAIRMAN BURKE: The random-sampling sites are in Moorings Bay? MR FINLAY: Yes, north, all five north of Doctor's Pass, And actually, the taxing district okayed money beyond what Gary thought it would cost, just in case Tomasko, for some reason, wants to expand the number of sites or lengthen the duration of the study or something like that, CHAIRMAN BURKE: Thank you. Next, we have Marcia Cravens and Marcia will need a mike. MS, CRA YENs: Hi, I'm Marcia Cravens, Mangrove Action Group, In terms of mixing studies, I have a question for both Doug Finlay and the board members here, I believe that, within our Management Plan and also showing in the budget minutes, in the budget docwnent, there are mixing studies that go on annually at the culverts of Seagate Drive, Is Dr, Tomasko addressing that also as a duplication? And do we have that information that, I believe, Hwniston & Moore should be doing annually also? Does anybody know? There's supposed to be flow studies at the culverts there at Seagate Drive on an annual basis, 676 Clam Bay Committee Meeting Mav 21. 2008 f" hi Vlj, A 1 t MR. FIN LA Y: Tim Hall mentioned that at the meeting. MS. CRAVENS: Okay, MR, FINLAY: This is in addition to, in other words, Tim those flow meters; he doesn't install any flow meters down further in the bay or, as far as I know, up at Clam Pass. MS. CRA YENS: I believe that you have portable flow meters, Right, Kyle? MR, LUKASZ: Just at the culvert points, MS. CRA YENS: At the culvert, So you do have information about how much mixing occurs at Seagate Drive, MR, LUKASZ: How much !low goes through the culverts? MR. LUKASZ: Yes. MS, eRA YENS: I know the Mangrove Action Group is certainly interested in that information, Thank you, CHAIRMAN BURKE: I want to suggest something, I was going to do it later, but the Clam Bay train has left the station. And when we went to the County Commission, as is our right to do, we were given direction, It's not the direction that I had intended it to take, but it's left the station, So we have the opportunity to either join in and work with this situation or to continue to cede responsibility and authority, I'm actively trying to recruit interested Pelican Bay property owners to begin to take part in all of these discussion groups. I would encourage anybody to volunteer to get involved with these groups, stay informed, Any other speakers? DR, RAIA: I'd like to ask Doug a question, MR. FINLAY: Yes, DR, RAIA: Doug, is there going to be some coordination with water studies done in other parts, like in Venetian Bay and Clam Bay so that the data could be used collectively? MR. FINLAY: Yes, as fur as I know, Venetian Bay and Moorings Bay in my mind are the same thing, Venetian Bay is I guess you would call ita subsection of ,........ DR. RAJA: Because it's north. MR. FINLAY: Yes. When I refer to Moorings Bay, I'm referring to everything from Banyan Drive at the south end of Lowdermilk Park all the way up to Seagate Drive. DR. RAJA: Okay. MR, FINLAY: For the mixing study, we're really only concerned about the part of the bay from Doctor's Pass to 677 Clam Bay Committee Meeting Mav 21. 2008 16 J'1 A 1f Seagate, which is about two-thirds of the body of water. There has been water-quality-testing going on in Moorings Bay for years, And it's published, been published on the website that Save the Bays does, The city does not do that water testing. It's the Save the Bays, which is a concerned citizens group in Moorings Bay that live on the water, I'm one of those. I was on the board of directors with the Conservancy, And Save lhe Bays has paid for this testing, It's only done quarterly, and it is not to the same standards that Mike Bower is doing, for example, in Naples Bay. It is not done by a state-certified individual. It's done by Kathy Worley, That fixed-site wateHluaIity-testing is going to be expanded to be done monthly. This is separate from the Tomasko random-site testing, The fIxed-site testing is going to be expanded to be done monthly with expanded parameters with certifIed personnel that would not be Kathy; it would be Katie out of Mike Bower's office. So those are going to be lhe same standards that I believe you're going to be doing; the County's going to be doing in Clam Bay; we're going to be doing in Moorings Bay; and it is going to be done in Naples Bay, So you're right. DR.. RAJA: That's what I was leading up to, because many studies that had been done in the past apparently didn't meet the standards, MR, FINLAY: Right. DR, RAJA: And, then they can't use the data. So everybody will be recording it. Good. MR. FINLAY: Anolher thing you might be interested in, even though it's a city issue, Mike Bower has been separated out of Community Services, He is now his own departtnent. Natural Resources is going to report now directly to the City Manager's office, So basically, Mike has been elevated to a division head, although it's a very small division, DR. RAJA: Yes, MR. FINLAY: I think that is an example of Mike's importance in the area of natural resources and the environment and things like lhat. Basically, I think it's good for everybody, DR. RAJA: Good, Thank you, CHAIRMAN BURKE: I might also add that Tim Hall is a member of lhe mixing discussion group, correct? Tim brings a wealth of knowledge and background and experience, Marcia? MS, CRAVENS: I'm Marcia Cravens, Mangrove Action Group, I'm a Pelican Bay resident. I don~ believe that that boat has sailed completely in tenns of what will transpire for management of both the Clam Bay system, which ends at Seagate and I do believe that it was erroneous information when Dr, Tomasko claimed that Clam Bay extended soulh of Seagate Drive. There are watersheds south of Seagate Drive, but they are not in the basin of Clam Bay, And I believe that there will be some 678 Clam Bay Committee Meeting Mav 21. 2008 1 6 I 1 I A If docwnentation that will support that, which I am currently researching, I believe that there are water-quality problems in those basins in the watersheds south of Seagate Drive; and certainly, everything necessary should be done to address that. However, there is some difference of opinion, and there is documentation, as to what the watershed of Clam Bay and the basin of Clam Bay is. All that docwnentation will be being presented to both the commissioners and to the state agencies. Thank you, DR. RAIA: And, Mr, Chairman, I think there is unanimity on the board that we are all interested in water quality and in demonstrating that we have quality water. If there is a problem, we want to take care of it. As fur as the mangroves go, I any conflict there, We should be able to take care of the mangroves and, at the same time, look at the water. We should not try to create a problem there, Now, hopefully, we will deal with this under Item 6 when we come to the maintenance, I'm interested in that solving some of the discourse we've had. But the record should show that we are ail interested in having quality water. STATUS OF ONE-YEAR EXTENSION OF THE PERMIT CHAIRMAN BURKE: Any other comments from the audience? Okay. We'll move on to the one-year extension of the existing permit approval, which bas been granted, correct? DR. RAJA: Yes, CHAIRMAN BURKE: Do we have a docwnent, Tim? DR. RAIA: We have a letter saying""."" MR, PETTY: Just for reporting purposes, DR. RAIA: So if you have nothing else to add - MR. HALL: Yes. It's been granted by the Corps, The extension basn1 been formally granted by DEP yet. So half of our permits have been extended DR, RAIA: We need another one, Okay. CHAIRMAN BURKE: So if nothing else, that puts us at ease, should there be an event that closes the pass, we can go in and dredge it. MR, HALL: WelL we have between now and July to get the extension from DEP. CHAIRMAN BURKE: Oh, okay, MR. HALL: Once we have both in hand, then we're good for another year. CHAIRMAN BURKE: Okay. Any comments on that at ail? Anybody? That's good news. 679 Clam Bay Committee Meeting Mav 21. 2008 ...()~1~4 w...../. l , DISCUSSION ON OUT STANDING ISSUES ON EXISTING PERMIT MR. PETTY: Based on the last meeting where you asked staff to work with regulatory agencies. CHAIRMAN BURKE: Oh, yes. MR, PETTY: I believe this is on signage. And I think Tim has been in correspondence with them and has some information to bring to your attention. COURT REPORTER: Can you state your name? MR HALL: Yes, I'm sorry. Tim Hal~ Turrell, Hall Associates, The woman at the Fish and Wildlife Conservation Commission, Tara Alford, got back into town last week. And I have not had any direct contact with her yet in regards to whether or not she is approving the modification to the language in the informational signs that the county Coastal Zone Management office bas provided her. DEP is waiting on that determination from the Conservation Commission in terms of whether or not they would then amend the permit to allow that change in language, If that's the case, then tbat's really the last outstanding issue that we have with regards to the permit CHAIRMAN BURKE: The Coast Guard does not get involved in it? MR, HALL: The Coast Guard wouldn\ be involved in that signage, because they're informational signs only. CHAIRMAN BURKE: Okay. MR. HALL: They would be involved normally in terms of permitting them, but those signs are already permitted in our existing permits, So once the language is okayed by the Conservation Commission, we don't need anything else for those to be installed, CHAIRMAN BURKE: So we're just waiting to hear from Fish and Wildlife or DEP, I guess. MR. HALL: Right, CHAIRMAN BURKE: Okay. MR. HALL: And then the last meeting, I was asked to contact DEP to see whether or how our compliance with that condition was being viewed by the agencies, Basically, it is well understood that it's a condition in the permit that can\ be met; however, in order to clean up the permit, they want that language modified in the resolution with the Conservation Conunission on how to resolve that. DR. RAIA: Tim, are these signs supposed to be regulation signs? MR. HALL: No, the issue was that the informational signs and by those I mean the "Idle Speed", etc, 680 Clam Bay Committee Meeting Mav 21. 2008 16/1 Air DR. RAIA: Yes, that's at the entrance, I don't care what they say or how big they are at the entrance, MR, HALL: No, no, no. But those two signs, the "Idle Speed" and the one that was required to say "Tilt Motors, Sea Grasses Present, Fines Could be Assessed," the language of that sign is viewed as regulatory in nature by the Conservation Commission. And they are not authorized to permit regulatory signs unless it's for public health, safety, and welfure, They can~ pennit regulatory signs for resource conservation. So the "Idle Speed" sign is relative to health, safety, and welfure, because we have people swinuning at the pass. We have canoes in these constricted waterways that a boat coming around the corner at high speed wouldn't be able to see and stop in time, So the "Idle Speed" signs are allowed according to the regulations; however, the "Tih Motor" signs are not So the language that was proposed then made those signs informational instead of regulatory. DR. RAlA: These coastal waters are charted, I preswne, And the charts do show the average low depth at anyone time, right? MR. HALL: Depending on which chart you're looking at, yes, Some of them show mean sea level; some of them show...... DR. RAIA: So even in Clam Bay, because my concern is that a sign coming in should alert boaters, especially somebody just boating down from Fort Myers, that, "If you enter here the average depth could be only one foot." And, even tilting your motor may not be helpful there. So unless the charts show this and, therefore, the responsibility is on the boater, that he should have charts ifhe's going in the waters, MR. HALL: Several of the charts actually designate the bays as non-navigable. CHAIRMAN BURKE: Do they? MR. HALL: They do, they dn delineate the bays, because of shallow water depths. DR, RAJA: So that hay is delineated as non-navigable? MR. HALL: Non-navigable on many of charts that are produced. MS. CRAVENS: Yes, DR. RAlA: Wait a minute, Either it's navigable or it's non-navigable. If I want to go in there, do I pick up a chart that says "navigable"? MR. HALL: There a legal definition and a practical consideration. Legally, they are defined as navigable waters in this state. They're directly connected to the Gulf of Mexico; and you can boat in and out of the hays. So legally, they are navigable, Practically, because of the size of the bays and the shallow water depths, a lot of charts mark them as non-navigable because of 681 Clam Bay Committee Meeting Mav 21. 2008 1 6 l!J. .A~r_ the normal drafts that they assign to boats traveling through the Gulf and ..... DR RAIA: Who issues these charts that show it as non-navigable? MR. HALL: The Coast Guard has some charts, DR RAIA: So they are official. They're not private charts; they're government agencies. MR HALL: Yes, they're official charts, DR. RAIA: Okay, So are we required to put up signs because one agency says it's navigable water. or we don't have to put up signs because another agency says it's not navigable? I mean, I would imagine that, if you put big "navigable" signs up and somebody sees that, he's going to interpret that this is navigable water, So where do we stand with these signs? MR HALL: Again, we're talking about the informational signs. DR RAIA: I'm talking about "Red Right Return," MR HALL: Those are navigational markers. And the County is pursuing permitting red and green navigational markers with the Coast Guard and the Conservation Commission, They have submitted an application for those markers, MR, PETTY: Mr, Chairman, if I could? CHAlRMANBURKE: Yes, MR, PETTY: The County has quite a few responsibilities, and I don't know whether we should go into all of them. think the core issue here is, our permit is for mangrove restoration; and all of our work has been concentrated on that, Part of that review process and public input, basically added on a little side note, which was the signage issue, The signs do not help the mangroves come back. loat's not the issue, It was more of a community issue that was stuck onto us, because we had the audacity to try and do something with the mangroves, That was our penalty, if you will. So we're trying to get through this process and it will not always make sense, because it doesn't have much tu do with re-growing mangroves, It has to do more with the conununity, public, our political correctuess at the time, and trying to get paperwork through a bureaucracy. DR RAIA: But, you know, we are more than mangroves. This is the Clam Bay Committee not the Mangrove Action Group, I feel that part of our stewardship is to maintain the natural status and beauty of that whole area, the entire bay. I cannot see where putting some 30-odd signs, 3-by-4, in that narrow channel is going to contribute to the natunal preservation or the natural appearance when it's not even navigable water, You know, at first I was for the signs, because I was just thinking of the canoe markers, But now that I've learned that these are going to be 3-by-4 signs in a windy environment, they're going to bave to be well planted in the bay. I don~ know how deep a hole we're going to have to drill and fill with cement. It's going to destroy 682 Clam Bay Committee Meeting Mav 21. 2008 1 6 I' 1 f!~ 1 \ what we're trying to protect Now, I oppose putting those kinds of signs up, especially when we know it's not navigable. I'm going to oppose this right down to the end, That is not what I supported when I said, "let's take care of the signs," Now, don't tell me you've already submitted permits to get these 3-by-5 signs. MR HALL: I have not submitted anything, What I'm telling you is that the Coastal Zone Management office has submitted for those permit applications. DR RAIA: You know, I wish they would speak to Clam Bay first, to Pelican Bay Service Division first, okay? Now, I know they are over us and technically, they, through the commissioners, can override anything we do or say, But, I would like to bring this issue up before the commissioners and see what they think about putting 30-0dd 3-by-4 signs in that little stretch of water. CHAIRMAN BURKE: Okay, One last speaker, Marcia? Or, Tim, are you finished? MR HALL: Yes, I guess so. I mean, I was just here to answer questions, CHAIRMAN BURKE: Okay, Marcia? MS. CRA YENS: Marcia Cravens again, As you-all know, I'm knee deep in this, I have had a lot of conununication with all of these state agencies, [have researched this pretty thoroughly. Maybe I can clarifY it a little hit. When the Management Plan and the permits went to DEP, the Corps, FWC, and the Coast Guard to some extent, there are requirements when you are talking about the mangrove wetlands and when you are talking about the bays, which contain sovereign submerged lands, That is how the Corps is involved in it Anytime you're going to do anything involving sovereign submerged lands, the Corps looks at navigability from a very unique perspective. It has to do with the 1899 Harbors and Rivers Act. What that act says is that any body of water that was navigable at the time of 1899 for commerce, and this includes dug-out canoes, then it is considered navigable by the Corps, That is a completely different definition than what FWC or the Coast Guard looks at They look at the condition of the waters today. And that is something that we have had to try to deal with, because there are some folks who have different agendas, And, we are trying to clarifY this, In terms of the informational signage, the signage through the FWC, the DEP requires lhat "Idle Speed, No Wake" has to do with protection of a manatee area, It is a requirement, because there are manatees that come through these waters, It's not just because it's a community thing, It's a requirement by DEP for manatees, In terms of other types of things, "Caution, Natural Resources," that has to do with sea grasses, And they don't want prop scars going through the bottom of the bays damaging the sea grasses, Now, when talking to FWC about navigation, they were perfectly willing and very involved in the canoe trail. There is no question but that this waterway supports navigation by 683 Clam Bay Committee Meeting Mav 21. 2008 16 1 1 A lr canoes; and it is thoroughly enjoyed by not only this community but also the conununity at large, I, for one, as a member of Pelican Bay and a member of the Mangrove Action Group, would hate to see the loss of the canoe traiL I think it's a real asset If we do not oppose the proposed navigation signs that one is 3 by 3; and, the other is 4 by 4; the Coast Guard will say, if they approve those signs, that the canoe trail will have to come out You cannot have a situation where you have a total of74 signs in this bay. I agree with Dr. Raia and I have talked with both Tara Alford and Major Ulelte (phonetic) at FWC, and Chief Embris (phonetic) at the U.S. Coast Guard, And navigability in terms of the navigation charts is aconsideration that they will look at, And certainly the Mangrove Action Group opposes these huge, unwarranted, and unnecessary signs. Part of what we were charged with for this conservation area, if you look at Florida statutes regarding conservation areas, you will see that activities on or within the wetlands and the waters prohibits you to do any activity that will not preserve the natural character of this preserve. And I believe, that putting in ail these signs is certainly taking away from the character of this scenic, natural area, Thank you, CHAIRMAN BURKE: Thank you. Tim, question, When the fmal signage plan is developed, will it be brought in front of the Service Division? MR, HALL: For the navigation signs? CHAIRMAN BURKE: Well, they're talking, now, about 75 new signs going in, MR. HALL: This 75 signs is there are 32 canoe markers out there currently and there are 32 red and green navigational signs proposed. CHAIRMAN BURKE: Oh, proposed. MR. HALL: Proposed, I will say that just because the application has been submitted doesn't necessarily mean it will be granted, But there are those 32 signs and then there are the 10 informational signs: 5 "Idle Speed" and 5 "Caution, Sea Grasses. " CHAIRMAN BURKE: Are those proposed? MR, HALL: Those are actuaIly required in the permit, and some of those are still up. CHAIRMAN BURKE: So the 32 canoe are already in? MR, HALL: Yes, and really the 32 canoe signs and the 10 informational signs either have been or have been up in the past. CHAIRMAN BURKE: Okay, MR. HALL: The only new ones.... 684 Clam Bay Committee Meeting Mav 21. 2008 ,10, l~ 1 AIr DR, RAIA: Yes, but, Jim, the 32 canoe signs extend throughout the entine bay and they were, shall we say, diluted. The 32 other signs that will be put up are only from Clam Pass south in that little, narrow stretch, CHAIRMAN BURKE: Right. So the 32 are the proposed ones, My point is, before those are submitted or approved or whatever the process is, the chart will come here; we'll be able to see where they're going, is that it, so we can issue our protest? MR, HALL: I did an exhibit that I submitted that showed where they were being proposed, CHAIRMAN BURKE: Okay, MR. HALL: But in terms of whether or not Mr, McAlpin or Coastal Zone Management will bring that back to the board, 1 dou~ know the answer to that. DR. RAlA: You know, all the information was not provided to us, If! was shown at that time that these markers, which I thought were just going to be something on the canoe marl<:er size and if I was told these were going to be official navigational signs, red on oue side, green on the other, in various sizes, I would have shot it down right there. Tim, you are doing this for the Coastal Advisory Group? MR. HALL: No, sir, I am attending the estuary discussion group meetings and some of the subconunittee meetings as part of that, DR, RAlA: Well, let me get right to the point. Are we paying you to do that, or is some other County agency paying you to do that? MR, HALL: No one is paying me to do that. DR. RAIA: You're doing that gratis? MR. HALL: Yes, sir. DR. RAIA: So you're drafting up this permit for these navigational signs gratis? MR. HALL: Yes, sir. TI1at's what I tried to explain earlier, 1 have had nothing to do with those signs except to sit on that subcommittee group. MR. PETTY: Mr, Chainnan, if I could, a small note, The point that I think Dr, Raia is bringing up may be valid in that it appears that the County, instead of seeking a separate permit for 30, 70, whatever number of signs they want, is looking to go on top of the Pelican Bay Services Division's permit and has not come before this body seeking that approval. So, they are not seeking a new permit, from what I've been told Now, if you can tell me that they are. MS, CRA YENS: They are, 685 Clam Bay Committee Meeting Mav 21. 2008 16/1 A It MR. HALL: They are seeking a new permit for those? MR PETTY: If they are seeking a new permit for all the new signs, then that's County business and outside the scope of our considerations, although it may be a conununity issue. CHAIRMAN BURKE: Yes, that's where I was headed earlier, I think it's a community issue. I know Ted, you want to get in front of the Board of Commissioners and protest it, and I think we'll have that opportunity, DR. RAlA: No, I would like to make a motion to have the alert the Commissioners to what's going on and have them restrain the Coastal Advisory Group from destroying the natural beauty of that pass. CHAIRMAN BURKE: I think it may serve us better if we get an accountant in here and have him explain these 32 red and green markers to us. DR, RAlA: I think that's .... CHAIRMAN BURKE: Sometimes it helps to ..,.. DR. RAIA: You know, fine, I think he knows what he's doing and I'm afraid I don~ like what he's doing. MR HALL: I believe that permit is being undertaken under the wnbrella of the CAe. DR. RAlA: That's what I suspect. CHAIRMAN BURKE: Yes. DR, RAlA: And he has to be cut off at the pass. The only way we're going to do this is ask the Conunissioners to look into this for us, He is under no obligation to present it to us, And even ifhe did, ifhe wants to go ahead and do it, he can, MR, HALL: That's kind of why I did that memo that I believe was distributed to you people, to let you know what was going on. DR. RAlA: I appreciate that That was a very helpful memo, yes, MR, PETTY: Why didn't you give me that one? CHAIRMAN BURKE: I want to move on to Item 6 here, But are we going to send a .... DR. RAIA: Well. you know, you are the government relations man. CHAIRMAN BURKE: Yes, DR. RAlA: Why don't you speak to your Conunissioner about this? CHAIRMAN BURKE: How do you know I haven't? DR, RAIA: You haven't said anything, 686 Clam Bay Committee Meetiog Mav 21. 2008 , '-i} A 1 ( '. ~' U I ,.t, CHAIRMAN BURKE: What if I just did it yesterday? DR. RAlA: Well, you still could tell us, MS, WOMBLE: Did you, Jim? CHAIRMAN BURKE: Let me put it to you this way: there is always a need to keep the elected officials informed, okay'? And it doesn't mean they make a commitment to you; but they need to be kept informed, So rest assured that's being done and I will take this to three of the commissioners before our next Service Division board meeting to alert them to it, DR, RAlA: Are you for the signs or against the signs? I want to know which information you're bringing. CHAIRMAN BURKE: I don~ have any position on it right now, DR. RAIA: Well, would you at least carry this board's position? CHAIRMAN BURKE: Yes. DR, RAlA: Because I'm going to make a motion that we delegate this responsibility to our government relations person to inform the Conunissioners that we oppose these navigational signs. CHAIRMAN BURKE: Yes. But from my standpoint, I'm going to have to know what we oppose. So I'I1 get some clarification from Tim. MR PETTY: Mr, Chairman, I think the format here is that the committee would take a vote on what their opinion is and that recommendation would be made to the full board; and then the full board may consider the item after that. CHAIRMAN BURKE: Okay, yes. DR. RAlA: Marcia had something else to say. CHAIRMAN BURKE: Marcia, this is the last one on this. MS. CRAVENS: Marcia Cravens, Mangrove Action Group, Pelican Bay resident, again, I think there might be a problem with having Mr. Burke be the person who goes to the Conunissioners. Mr, Burke sits on the Coastal Advisory Committee. The last meeting that they had, which I attended, the Coastal Advisory Committee all, unanimously, voted that they would proceed and do everything that they could to go ahead and get these navigation markers in, Now, that was something that Mr. Burke voted for. So I think that's a problem situation here in that what he is voting for on the Coastal Advisory Committee is contrary to what he would be being asked to discuss with the Commissioners through the Clam Bay and the Pelican Services Division boards. I think. for one thing. that's a problem, I also want to inform the Clam Bay subcommittee here that I sent my resignation to Gary McAlpin this morning as to my activity within his Clam Bay Enhancement Discussion Group and the Work 687 Clam Bay Committee Meeting Mav 21. 2008 16/1 A 1 f Group for Management Planning and Permitting, because I feel that this is a farce, I believe that the Clam Bay Estuary Discussion Group and the work task groups have a pre-existing agenda; they have pre-existing reconunendations, And, from the group that I participated in, it clearly was all driven by Mr. McAlpin. There were concerns that were brought up, and they were completely omitted from his notes that he calls "meeting minutes." And I thoroughly object, Thank you, DR, RAIA: Marcia, I'm disappointed that you resigned from that group. MS. CRAVENS: I do not want it to appear as if the Mangrove Action Group is in consensus with what is being proposed by that group. DR. RAJA: You could have still been the "voice crying in the wilderness." MS. CRA YENS: I will still attend the meetings and speak up, sir. CHAIRMAN BURKE: Okay. DR, RAJA: Well, Jim, I mean, this is an item to be discussed. I think you have a responsibility when you are wearing several hats. Which hat are you going to wear when you go before the commissioners? CHAIRMAN BURKE: On this issue, when I talk to the Commissioners in my meetings with them, I will express the will of the hoard, okay? MS, WOMBLE: But you're not expressing the will of the board yet. This is just a committee. CHAIRMAN BURKE: Yes, So anything the Coastal Advisory Committee decides to do has to go in front of the Commissioners for their approval. The issue is these 32 red and green proposed markers. DR. RAJA: The prohlem I have is, if the Commissioners only get one view, one presentation, one side, I know how they're going to vote, They'll support their staff. And this is too significant a problem to let that happen, I really think it's absurd to put these signs up, And I don~ know where Gary McAlpin is coming from, doing that, I really don't, unless he's trying to punish us or something. But you know it's contrary to what his responsibility is and I think the Commissioners ought to know this, STATUS REPORT ON APPLICATION FOR NEW MANGROVE MAINTENACE PERMiT CHAIRMAN BURKE: Item 6, status report on application for new permit focusing on mangrove maintenance and hydraulic halance, Who's going to handle that? MR PETTY: Mr, Chainnan, I'll give a summary, and then Tim can give his status report As you know, we have gotten approval from the County Commission to prepare, sign. and submit our next permit application, We were talking about a IO-year 688 Clam Bay Committee Meeting Mav 21, 2008 16 I 1 iA 1 t period in the past; the commissioners approved a 5-year period. Weare looking at a little different permit than what we're used to, And it may take awhile for Tim to figure out what the right one is, although I haven't talked to him today, and he may stand up to the microphone and go, "No, done, I already have them." But this is new for us, so it may take us awhile to fully understand the impacts of going from a 404 and a DEP permit to a new-style permit which is specifically addressing mangrove maintenance only. Tim, it's all yours. MR HALL: I actually brought the Management Plan draft and all of you received copies six, eight months ago. What I've been doing since the Commissioners' directive and the Board's directive to me in revising that plan is put more emphasis on.... I actually brought copies for everybody today, I apologize, I forgot about the deadline that I had to get stuff to Barbara so she could get it to you for this meeting. I was also a little concerned that, if! gave it to you too soon, there would be other groups discussing it before we had a chance to talk about it, quite honestly, So I went ahead and brought them. I can give them to you today. They become public record, I brought extra copies, because I knew some of the audience members would like that as well, What I've done is gone through and expanded on some sections, Chapter 3 of the Management Plan, to add more detail in terms of the initial causative agents of the die-off and the restoration activities that have been done to date. Then I've also put more emphasis on mangroves throughout the entire docwuent and the mangrove enhancement maintenance restoration activities within Chapter 7, which eliminated Chapter 6. Chapter 7, which was the management objectives and all, is now Chapter 6. And what I did there was leave a lot of the same items intact but changed the scope or the finaI goal of those activities. I made allowances on some of them that those activities that may be undertaken by Coastal Zone Management If that's the case, then we will cooperate with them in terms of data sharing so that all the groups have a good understanding of the work that's being done in the system and how it affects the activities that either one is trying to promote or protect. CHAIRMAN BURKE: Tim, will there be anything new in this? Is our request going to be the same maintenance stuff we've been doing? MR HALL: Yes, basically it's the same maintenance in terms of the maintenance of the existing channels; leaving the possibility that we can do new ftushing cuts if the need arises not only in just the hand-cut channels, but I'm also leaving in there the ahiIity to do maintenance activities in the interior tidal creeks; and to maintain the originally permitted cross-section of the pass. I think in terms of potential conflict with Coastal Zone Management or CAC, the filet that I'm leaving the ability to maintain the pass at the previously permitted cross-sections may be an issue with them, But in terms of all the work that's been done so far, the one overlying theme is that the flushing of the system is the most critical component to the health of the mangroves and I think 689 ~.. ., r J. , 1 A 1 ( Clam Bay Committee Meeting Mav 21. 2008 if the Management Plan and the anticipated activities don~ take into account that that pass is the life blood of this whole system, then it becomes a much less useful document and much less appropriate for being able to deal with issues that may come up in the mangroves. DR. RAIA: Tim, this three-page memo was very good and good that it arrived prior to our hoard meeting, but I was told we would not discuss this at that board meeting, because it had to come through this committee first. So I want to call your attention to the bottom of Page 2, where reference is made that we really don~ need a permit. if it is all considered management maintenance, we can proceed and do what we've been doing. And, really, basically, that's all, as fur as I'm concemed, we're interested in doing, is just taking care of the mangroves the way we've heen doing it and I have wanted to get some official letter about this. And then somebody at that meeting said, "Oh, we've already applied for that." So where do we stand with this? Is this a fact, that we don~ need a permit. that we can do what we're doing because it's just maintaining what had been approved in a previous permit? If so, how do we get that in writing so that we have it in perpetuiry? MR HALL: In terms of maintenance with DEP, again, you have to remember we have two permits. We have a DEP permit and we have a Corps of Engineers permit that allow the activities that have taken place to date. With DEP and the State Regulations, if you do a permitted activity, then you are allowed to continue or to maintain the conditions that were originally permitted. That's absolutely true. If all we were going to do is maintain the channels that we have already dug and do nothing else, then, from DEP's standpoint. we would not need a permit to do that. However, if we wanted to expand on the network, if there was a new side cut that we wanted to put in because there was a little area that was ponding, or there was a new area of stless that we noticed due to ponding or lack of flushing, we would not be able to do that if we did not have a permit. So we would have to make an application every time we wanted to do some kind of enhancement activity like that. DR. RAIA: But. I mean, those channels have heen there for a few years now and they are working. If we maintain them, they should continue. I mean, theoretically, yes, that can happen. But the likelihood of that happening is relatively remote. And if it did happen, I don~ see where, with our track record of being successful in the past. that the permitting people would say, "Oh, no, you can't do that anymore." I mean, I don't think that's a war stopper there, okay? But now you say that the Army Corps of Engineers also have a hand on this. MR. HALL: That's correct. DR. RAIA: Now, is there a problem there? MR HALL: It's not an exempt activity with the Corps. So when we would go to try to do the maintenance and all, we 690 Clam Bay Committee Meeting Mav 21. 2008 16 I 1 A 1/ . would need to permit that activity with the Corps, because essentially it's digging in wetlands, which is what they permit. In order to do that. we would have to, every year, when we wanted to do maintenance activities, go to the Corps for permission to do that. In order to mesh both of them, my opinion, and what I've been recommending, is that it's better to get permits from both agencies so that you're covered. If a storm comes through and moves dirt into some of those channels or changes the contours in any of those areas, without the permit. we would not he able to react to those until we got permits, which could he a year or two years later, in which case the area's dead. With the permit in place, we can go out there, do the maintenance, clear the obstruction, whatever it may he, and save the mangroves without having that happen. DR. RAIA: Is it more difficult to get a permit from both agencies or is it less difficult to get a permit just from the Corps of Engineers? I mean, what is the level of difficulty in dealing with these agencies? MR. HALL: The level of difficulty - one of the Corps' requirements for them to issue their permit is that you have to have a state water-<juaiity certification. It's one of the checklist items. If you don't have a DEP permit in place, we would still have to coordinate with DEP to prove that we're doing the maintenance activity and get them to respond back to the Corps that. "yes, that is maintenance, and the water-<juality certification originally is something that's still valid." Irs just much easier and much cheaper in the long run, from my standpoint, to have the permits in place now rather than trying to get them afler something happens. It allows you to be proactive instead of reactive. DR. RAIA: Okay, but I just don~ know why these people are saying that we could go abead and maintain it when they should have the experience that. "no, really, youcan~ do that." because somebody else is going to say, "You can~ do it." MR. HALL: The DEP is going to say, "this is what our rules allow." They are not going to comment on what somebody else's rules allow. DR. RAIA: But they don't know that the Corps of Engineers will not allow it? They don't know that? MR HALL: They would know that, yes, sir. DR. RAIA: Marcia, do you something? MS. CRAVENS: If Tim's done. CHAIRMAN BURKE: Tim, are you finished? MR. HALL: I'm done. I'll just hand these out so you people have them to look at. CHAIRMAN BURKE: Okay. Marcia? MS. CRA YENS: Yes. I think a couple of things need to he highlighted here. One is that the meeting with the 691 16 I 1 AIr Clam Bay Committee Meeting Mav 21. 2008 Commissioners occurred on April 22nd. There was a meeting with DEP by Gary McAlpin; myself; Tim Hall; Jim Burke was there; David Buser; Doug Finlay; David Roellig; there were two staffurs from Fort Myers DEP; and there was a telephone conference with Lenny Edwards from Tallahassee DEP. This meeting occurred at Fort Myers DEP on April 30th. We obtained new information at this DEP meeting, which has to do witb not heing required to submit a new permit application. I hashed this out with DEP in conversations with them. What was explained to me is there is an application for exemption, hecause what we're talking about is exemption from needing new permits. All this hoard bas to do is request an exemption application, fill it out. and submit it. Now, you are not required to use an exemption application. You can continue <!oing your work without actually even applying for it. but what that application will do is it will validate it. It will validate to the DEP that everything that you are proposing to do, which is continuing to do what you've already heen doing and it simply validates that. okay? Those are the steps that you take for the documentation that !his is okay to do it this way. As fur as the activities with the Corps, they actually kind of see it the same way. You already have a management plan in place; you have been permitted to do certain activities for maintenance; and you should he able to continue doing exactly the same thing as long as you are not expanding it or changing it. Now, I am having conversations with individuals at the Corps to hash that out as well and to see if there is any particular application or form that needs to he involved with that. I hope that clarifies it a little bit. DR. RAIA: Well, it gives us two different stories, if that's a clarification. Do they have a spokesman that might come to a meeting and explain to us directly what can he done rather than sending individuals up and getting diffurent ..... MS. CRA YENS; That's very good point. We could probably ask them and invite them to come. DR. RAIA: I think we should do that. And I would suggest !his: that we suggest to our board that the hoard formally invite a spokesperson from the Corps of Army Engineers and from DEP to get it straight from them exactly what can be done just to maintain what we have always successfully done in the past. MS. CRA YENS: And I might add that those permits and the Management Plan include everything that we've heen doing. It includes the water quality sampling which allowed us to have the clean water certificate; it allows the interior channels as long as we're not digging new ones; and it allows the maintenance of the pass. All the work that we are currently doing, if we want exempt status from requiring application for a new permit. it covers all of those activities. I might just add one more thing. Even if we submit a new application for a permit that has a narrower scope, it will not contain future activities; so it doesn't really protect us or help us in any way if we then need to dig new ditches. I might add that we currently have this year through and until July of next year whereby we are covered by the works that our current permit allows. And, Tim, it might be possible, if you guys 692 Clam Bay Committee Meeting Mav 21. 2008 16/1 A Il' had the areas of concern that might mean new ditches, if that were taken care of within this period of time. MR PETTY: Mr. Chairman, if I may, two things. If there is to he a meeting on our permit with DEP or the Corps of Engineers, let me suggest that staff should he present. Currently, we don~ have anybody from Pelican Bay Services Division representing Pelican Bay Services Division with their directive. We have memhers of Pelican Bay, and we have board memhers, of course, but we don't have any directives. And what happens is, we get these opinions coming from all these various entities, staff hasn~ had time to vet any of this information, and we'd like to he able to answer the questions if we could. Second, staff wishes to tell you that we also recommend having a permit with these agencies. Even thou~ these agencies, you know, may find it within their rules to allow the maintenance work to continue, I can tell you, from over 20-years-plus experience, that you can get yelled at a whole lot for not having that piece of paper in your pocket. We just spent three months dealing with DEP over that issue of mangrove maintenance next to our berm; and it got a little nasty there for a while. Now it has all cahned down, and they've found out that. oh, yes, we can maintain it hecause the permit was issued and 25, 30 years ago, and, yes, we could. But without that piece of paper and that written instruction, it becomes very difficult. DR. RAIA: John, I understand what you're saying. And that's why I wanted something in writing that we are allowed to continue the maintenance of what has already heen permitted. And if we can~ get that. then I agree, we have to get a permit. I don~ want somebody to just say, "oh, sure, you can go ahead and do that." No, I want it from somebody official, some official to actuaJly give us a document that states we can maintain. MS. CRA YENS; I have a document. DR. RAIA: If there's a storm and those channels filled in. to me, to open those channels that were pre-existing hefore the storm is maintenance. The need for digging a new channel. I consider that rather remote; but I would agree you would have to get a permit. hecause you're doing something thafs a new activity. MS. CRA YENS; Dr. Raia, I have a document. I'm sorry it was sent to me from DEP when I was requesting more information about the exemption situation. There is a document that was originally created by the South Florida Water Management District that DEP has adopted. And they are rules. The exemption information is within those rules. I would he happy to furward that on to you. DR. RAJA: Why don~ you forward that on to Barbara? MS. CRAVENS: Okay. DR. RAIA: She can make that material available to the board at the next meeting. 693 Clam Bay Committee Meeting Mav 21. 2008 16'IIA1lt MS. CRAVENS: Absolutely. CHAIRMAN BURKE: We're getting a little fur afield here. For the next year, there's no problem; we have a permit if the Army Corps okays the extension. From that point on, we're going to have a new permit. There is no harm in getting that permit; there's only a plus. So, we have that permit. we're going to he able to continue to do what we do; we're going to he able to make the additions or changes we have to make. There should he no argument about whether or not we're going to get a new permit. John Petty supports that. It makes sense to have it so we don't have to he sitting here. DR. RAIA: Well, yes, but it's only a five-year permit. CHAIRMAN BURKE: It may he five, yes. DR. RAIA: And I think we have to pay to get these permits. We pay a lot; we pay a lot to our consultants, staff time, and everything else. It costs money to get those permits. It's not a freebie. That's another area that I'm looking at. And if we're allowed to maintain this, then we should go that route, because it doesn~ add any expeuse to what we're doing, we've already paid that expense because the permit designated what we had to do. We paid for that consultation. CHAIRMAN BURKE: Well, to me it's an investment in our numher-one asset. So I don't have a problem with it. DR. RAIA: John, I'd like to ask you a question. Perhaps you, as our staff, our one and only, well, two people, to actually go to these people that we have heard had been approached with information and carry back to us the true fuels of how we go about doing this without any individual persuasion. but exactly what DEP says and what Corps of Engineers say about this maintenance. And you were out when I mentioned there's an advantage to maintenance; it's less costly. We have to pay for those permits. We pay staff to develop it; we have to pay for a consultant to develop it. It costs money. And if we don~ have to go that route, I suggest that we don't. But I would like to have you come back with the facts and perhaps extend an invitation to some spokesmen for DEP and the Corps of Engineers to come down and speak to us about this. CHAIRMAN BURKE: John, you mentioned staff. I would think we'd bring them in for a Clam Bay meeting if they'd come. And I think you need to he the contact point to establish some order to this thing, okay? MR PETTY: We can do that. sir. And I think the objective is well known. It's either a permit or a letter that exempts us from the permit. In my case, that's the same thing; whether it's a permit numher that they approve or it's an exemption letter that serves the purpose that allows us to take our staff and go do our job. I have no problem at all with doing that; and I think staff can handle it for you. CHAIRMAN BURKE: Yes. And then we can ask the questions directly of representatives from both, hecause 694 Clam Bay Committee Meeting Mav 21. 2008 1611AJr apparently anylhing that's brought hack from those meetings is considered suspect. MR. PETTY: We will try and bring back what we can, sir. CHAIRMAN BURKE: Okay. Any other comments on this? Point 7, Agenda Item 7, Clam Bay video dissemination status. CLAM BAY VIDEO DlSSEMINA TION STATUS MR PETTY: Mr. Chairman, we're just trying to report back to you that we have distributed quite a fuw copies of the Clam Bay video. It has gone to the Foundation. We've gotten a schedule of this week's airing of "The Jewel of Pelican Bay" and it appears that we're getting market saturation and, unfortunately, no royalties to go with it. But they're showing it every hour on the hour, at least it looks like it. CHAIRMAN BURKE: Who's showing it? MR PETTY: The Foundation. DR. RAIA: It's on 96. And a lot of people have come up to me who admit that they never watch 96 but just happened to catch this and got glued to it and really enjoyed it and were very pleased to see it. So it is paying off. CHAIRMAN BURKE: I think Coleman mentioned yesterday that he is getting 12 and he'll offer them at the men's coffee on a borrow status. MR. PETTY: Library style. CHAIRMAN BURKE: Library style, yes. MR PETTY: So anybody who wishes a copy you can purchase one for two dollars at the office, and we do have a borrowing program for the trustworthy. CHAIRMAN BURKE: So if someone doesn~ want to pay the two, they can borrow it? MR PETTY: Yes. ADJOURN CHAIRMAN BURKE: Okay. Any other comments on that? Audience comments to close it out? I will entertain a motion to adjourn. Dr. Raw moved to adJoum, seconded by Ms. Alvarez and was unanimously approved. - ~ -- - - - - --- ----- ---- - ---- ---- -------- -- -- - - 695 Clam Bay Committee Meeting Mav 21. 2008 16 I 1 A 1 f- ********** Tbere being no furtber business the meeting was adjourned by order oftbe Chairman at lJ:OO a.ID. M. James Burke. Acting Chairman TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE INC., BY KAREN BLOCKBURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES DlYISION. 696 16( 1 Al~ CLAM BAY COMMITTEE OF THE PELICAN BAY SERVICES DIVISION Naples, Florida, May 21. 2008 LET IT BE KNOWN, that the Clam Bay Committee of the Pelican Bay Services Division, met in REGULAR SESSION on !his date, May 21. 2008 at 10:00 A.M. at the Hammock Oak Center, 8962 Hammock Oak Drive, Naples, Florida, with the following memhers present: Mr. James Burke, Acting Chairman Ms. Mary Anne Womble Mr. John Domenie <Absent) Dr. Ted Raia Ms. Annette Alvarez ALSO PRESENT: Mr. John Petty, Division Administrator, Pelican Bay Services Division; Ms. Janice Lamed, District Offices, LLC; Mr. Kyle Lukasz, Field Operations Manager, Pelican Bay Services Division; Mr. Tim Hall, Turrell, HaIl Associates, Inc.; Marcia Cravens, Mangrove Action Group, Doug Finlay, City of Naples; Ms. Barbara Smith, Recording Secretary. AGENDA I. RollCall 2. Approval of Minutes of the March 19,2008 Meeting 3. Audience Participation 4. One Year Extension of Exiting Permit Approval 5. Discussion of Outstanding Issues of Existing Permit 6. Status Report on Application for New Permit Focusing on Mangrove Maintenance and Hydraulic Balance 7. Clam Bay video Dissemination Status 8. Audience Comments 9. Adjourn ROLLCALL CHAIRMAN BURKE: If everyone will take his or her seats, I am going to call the meeting to order. Its 10 o'clock. Jim Burke will he the acting chairman in the absence of Chairman John Domenie. Barbara, can we have the roll call? MS. SMITH: Let the record reflect that three of the five board memhers are present. Mrs. Womble is probably running late; and Mr. Domenie is absent. CHAIRMAN BURKE: I'll ask for a motion to approve the minutes of the March 19th meeting as given to us. MS. SMITH: Mr. Burke. who made the first and second motion on that? Who made the motion and second? DR. RAIA: It sounded like I did both. MS. AL Y AREZ: I'll do the second. CHAIRMAN BURKE: Yes. MS. SMITH: Okay. Thank you. CHAIRMAN BURKE: All in favor? All opposed? 675 Clam Bay Committee Meeting Mav 21. 2008 16 r_c~ A 1 t Dr. Ra;a moved seconded by Ms. Alvarez and approved unanimously the Minutes of the March 19, 2007 Meeting. AUDIENCE COMMENTS CHAIRMAN BURKE: At !his point. we will have audience participation. Do we have anybody that would like to comment at this point? MR. FINLAY: I'm Doug Finlay. City of Naples. I'm involved in a Collier County mixing study group with Jim Burke. And at that mixing study work group, Dr. Tomasko wanted to do five-random-site water quality testing in Moorings Bay for a period of at least three months; as well as install flow meters at the Park Shore and Harbour Drive bridges. I'm just here to let you know that the taxing district of the Moorings Bay Citizens Advisory Committee, which oversees the taxing district for Moorings Bay, did vote yesterday to fund the rental of those flow meters as well as the additional random-site testing that Dr. Tomasko wants to do. There was also a depth survey of the bay that Dr. Tomasko was wanting, which I did find one that was done in full throughout the emire hay in '06 and '07 that was given to Gary McAlpin yesterday as well. Whether that will suffice for what Dr. Tomasko needs, I don~ know, but I just wanted to let you know that the Moorings Bay people acted very fust on what Dr. Tomasko was wanting. CHAIRMAN BURKE: The random-sampling sites are in Moorings Bay? MR. FINLAY: Yes, north, all five north of Doctor's Pass. And actually, the taxing district okayed money heyond what Gary thought it would cost. just in case Tomasko, for some reason, wants to expand the numher of sites or lengthen the duration of the study or something like that. CHAIRMAN BURKE: Thank you. Next. we have Marcia Cravens and Marcia will need a mike. MS. CRA YENS: Hi. I'm Marcia Cravens, Mangrove Action Group. In terms of mixing studies, I have a question for both Doug Finlay and the board memhers here. I helieve that. within our Management Plan and also showing in the budget minutes, in the budget document. there are mixing studies that go on annually at the culverts of Seagate Drive. Is Dr. Tomasko addressing that also as a duplication? And do we have that information that. I believe, Humiston & Moore should he doing annually also? Does anybody know? There's supposed to he flow studies at the culverts there at Seagate Drive on an annual basis. 676 Clam Bay Committee Meeting Mav 21. 2008 16 l'"'i~ , !' 1/ l ~ ..' .,. MR. FlNLA Y: Tim Hall mentioned that at the meeting. MS. CRA YENS: Okay. MR. FINLAY: This is in addition to, in other words, Tim those flow meters; he doesn't install any flow meters down further in the bay or, as far as I know, up at Clam Pass. MS. CRA YENS: I helieve that you have portable flow meters. Right, Kyle? MR. LUKASZ: Just at the culvert points. MS. CRA YENS: At the culvert. So you do have information about how much mixing occurs at Seagate Drive. MR. LUKASZ: How much flow goes through the culverts? MR. LUKASZ: Yes. MS. CRA YENS: I know the Mangrove Action Group is certainly interested in that information. Thank you. CHAIRMAN BURKE: I want to suggest something. I was going to do it later, but the Clam Bay train has left the station. And when we went to the County Commission, as is our right to do, we were given direction. It's not the direction that I had intended it to take, but it's left the station. So we have the opportunity to either join in and work with this situation or to continue to cede responsibility and authority. I'm actively trying to recruit interested Pelican Bay property owners to begin to take part in all of these discussion groups. I would encourage anybody to volunteer to get involved with these groups, stay informed. Any other speakers? DR. RAIA: I'd like to ask Doug a question. MR. FINLAY: Yes. DR. RAJA: Doug, is there going to he some coordination with water studies done in other parts, like in Yenetian Bay and Clam Bay so that the data could he used collectively? MR FINLAY: Yes, as fur as I know. Yenetian Bay and Moorings Bay in my mind are the same thing. Yenetian Bay is I guess you would call it a subsection of ......... DR. RAIA: Because it's north. MR. FlNLA Y: Yes. When I refer to Moorings Bay, I'm referring to everything from Banyan Drive at the south end of Lowdermilk Park all the way up to Seagate Drive. DR. RAIA: Okay. MR. FINLAY: For the mixing study, we're really only concerned about the part of the bay from Doctor's Pass to 677 Clam Bay Committee Meeting Mav 21. 2008 1611AIJ Seagate, which is about two-thirds of the body of water. There has been water-<juality-testing going on in Moorings Bay for years. And it's published, been published on the website that Save the Bays does. The city does not do that water testing. It's the Save the Bays, which is a concerned citizens group in Moorings Bay that live on the water. I'm one of those. I was on the board of directors with the Conservancy. And Save the Bays has paid for this testing. It's only done quarterly, and it is not to the same standards that Mike Bower is doing, for example, in Naples Bay. It is not done by a state-certified individual. It's done by Kathy Worley. That fixed-site water-quality-testing is going to he expanded to he done monthly. This is separate from the Tomasko random-site testing. The fixed-site testing is going to be expanded to he done monthly with expanded parameters with certified personnel that would not he Kathy; it would he Katie out of Mike Bower's office. So those are going to he the same standards that I believe you're going to he doing; the County's going to he doing in Clam Bay; we're going to he doing in Moorings Bay; and it is going to he done in Naples Bay. So you're right. DR. RAIA: That's what I was leading up to, because many studies that had been done in the past apparently didn~ meet the standards. MR. FINLAY: Right. DR. RAIA: And, then they can~ use the data. So everybody will he recording it. Good. MR. FINLAY: Another!hing you might be interested in, even though it's a city issue, Mike Bower has been separated out of Community Services. He is now his own departtnent. Natural Resources is going to report now directly to the City Manager's office. So basically, Mike has heen elevated to a division head, although it's a very small division. DR. RAIA: Yes. MR FINLAY: I think that is an example of Mike's importance in the area of natural resources and the environment and things like that. Basically, I think its good for everybody. DR. RAIA: Good. Thank you. CHAIRMAN BURKE: I might also add that Tim Hall is a member of the mixing discussion group, correct? Tim brings a wealth of knowledge and background and experience. Marcia? MS. CRAVENS: 1m Marcia Cravens, Mangrove Action Group. I'm a Pelican Bay resident. I don~ helieve that that boat has sailed completely in terms of what will transpire for management of both the Clam Bay system, which ends at Seagate and I do helieve that it was erroneous information when Dr. Tomasko claimed that Clam Bay extended south of Seagate Drive. There are watersheds south of Seagate Drive, but they are not in the basin of Clam Bay. And I believe that there will he some 678 Clam Bay Committee Meeting Mav 21. 2008 L 6 ill , -, I documentation that will support that. which I am currently researching. I believe that there are water-quality problems in those basins in the watersheds south of Seagate Drive; and certainly, everylhing necessary should he done to address that. However, there is some difference of opinion, and there is documentation, as to what the watershed of Clam Bay and the basin of Clam Bay is. All that documentation will he heing presented to both the commissioners and to the state agencies. Thank you. DR. RAIA: And, Mr. Chairman, I think there is unanimity on the board that we are all interested in water quality and in demonstrating that we have quality water. If there is a problem, we want to take care of it. As fur as the mangroves go, I any conflict there. We should he able to take care of the mangroves and, at the same time, look at the water. We should not try to create a problem there. Now, hopefully, we will deal with this under Item 6 when we come to the maintenance. I'm interested in that solving some of the discourse we've had. But the record should show that we are all interested in having quality water. STATUS OF ONE- YEAR EXTENSION OF THE PERMIT CHAIRMAN BURKE: Any other comments from the audience? Okay. We'll move on to the one-year extension of the existing permit approval, which has been granted, correct? DR. RAIA: Yes. CHAIRMAN BURKE: Do we have a document. Tim? DR. RAIA: We have a letter saying......... MR. PETTY: Just for reporting purposes. DR. RAIA: So if you have nothing else to add-- MR. HALL: Yes. It's heen granted by the Corps. The extension hasn~ heen formally granted by DEP yet. So half of our permits have heen extended. DR. RAIA: We need another one. Okay. CHAIRMAN BURKE: So if nothing else, that puts us at ease, should there he an event that closes the pass, we can go in and dtedge it. MR HALL: Wel~ we have hetween now and July to get the extension from DEP. CHAIRMAN BURKE: Oh, okay. MR. HALL: Once we have both in hand, then we're good for another year. CHAIRMAN BURKE: Okay. Any comments on that at all? Anybody? Thats good news. 679 F d1 I: ,'.,- ., A 1/ Clam Bay Committee Meeting Mav 21. 2008 DISCUSSION ON OUT STANDING ISSUES ON EXISTING PERMIT MR PETTY: Based on the last meeting where you asked staff to work with regulatory agencies. CHAIRMAN BURKE: Oh, yes. MR PETTY: I helieve this is on signage. And I think Tim has heen in correspondence with them and has some information to bring to your attention. COURT REPORTER: Can you state your name? MR HALL: Yes, I'm sorry. Tim Hall, Turrell, Hall Associates. The woman at the Fish and Wildlife Conservation Commission, Tara Alford, got back into town last week. And I have not had any direct contact with her yet in regards to whether or not she is approving the modification to the language in the informational signs that the county Coastal Zone Management office has provided her. DEP is waiting on that determination from the Conservation Commission in terms of whether or not they would then amend the permit to allow that change in language. If that's the case, then that's really the last outstanding issue that we have with regards to the permit. CHAIRMAN BURKE: The Coast Guard does not get involved in it? MR. HALL: The Coast Guard wouldn~ he involved in that siguage, hecause they're informational signs only. CHAIRMAN BURKE: Okay. MR HALL: They would he involved normally in terms of permitting them, but those signs are already permitted in our existing permits. So once the language is okayed by the Conservation Commission, we don~ need anything else for those to he installed. CHAIRMAN BURKE: So we're just waiting to hear from Fish and Wildlife or DEP, I guess. MR HALL: Right. CHAIRMAN BURKE: Okay. MR HALL: And then the last meeting, I was asked to contact DEP to see whether or how our compliance with that condition was heing viewed by the agencies. Basically, it is well understood that its a condition in the permit that can't be met; however, in order to clean up the permit. they want that language modified in the resolution with the Conservation Commission on how to resolve that. DR. RAIA: Tim, are these signs supposed to he regulation signs? MR HALL: No, the issue was that the informational signs and by those I mean the "Idle Speed", etc. 680 Clam Bay Committee Meeting Mav Z1. 2008 1611 AIl DR. RAIA: Yes, that's at the entrance. I don't care what they say or how big they are at the entrance. MR HAJ~L: No, no, no. But those two signs, the "Idle Speed" and the one that was required to say "Tilt Motors, Sea Grasses Present, Fines Could he Assessed," the language of that sign is viewed as regulatory in nature by the Conservation Commission. And they are not authorized to permit regulatory signs unless it's for public health, safety, and welfure. They can't permit regulatory signs for resource conservation. So the "Idle Speed" sign is relative to health, safety, and welfare, hecause we have people swimming at the pass. We have canoes in these constricted waterways that a boat coming around the comer at high speed wouldn~ he able to see and stop in time. So the "Idle Speed" signs are allowed according to the regulations; however, the "Tilt Motor" signs are not. So the language that was proposed then made those signs informational instead ofreguiatory. DR. RAIA: These coastal waters are charted, I presume. And the charts do show the average low depth at anyone time, right? MR HALL: Depending on which chart you're looking at. yes. Some of them show mean sea level; some of them show...... DR. RAIA: So even in Clam Bay. hecause my concern is that a sign coming in should alert boaters, especially somebody just boating down from Fort Myers, that. "If you enter here the average depth could he only one foot." And, even tilting your motor may not be helpful there. So unless the charts show this and, therefore. the responsibility is on the boater, that he should have charts ifhe's going in the waters. MR HALL: Several of the charts actually designate the bays as non-navigable. CHAIRMAN BURKE: Do they? MR. HALL: They do, they do delineate the bays, because of shallow water depths. DR. RAJA: So that bay is delineated as non-navigable? MR HALL: Non-navigable on many of charts that are produced. MS.CRAVENS: Yes. DR. RAIA: Wait a minute. Either it's navigable or it's non-navigable. If [ want to go in there, do I pick up a chart that says "navigable"? MR. HALL; There a legal definition and a practical consideration. Legally, they are delined as navigable waters in !his state. They're directly connected to the Gulf of Mexico; and you can boat in and out of the hays. So legally, they are navigable. Practically, because of the size of the hays and the shallow water depths, a lot of charts mark them as non-navigable because of 681 Clam Bay Committee Meeting Mav 21. 2008 l1U1Alr_ the normal drafls that they assign to boats ttaveling through the Gulf and ..... DR. RAJA: Who issues these charts that show it as non-navigable? MR. HALL: The Coast Guard has some charts. DR. RAIA: So they are official. They're not private charts; they're government agencies. MR HALL: Yes, they're official charts. DR. RAJA: Okay. So are we required to put up signs because one agency says its navigable water, or we don~ have to put up signs because another agency says it's not navigable? I mean, I would imagine that. if you put big "navigable" signs up and somebody sees that. he's going to interpret that this is navigable water. So where do we stand with these signs? MR. HALL: Again, we're talking about the informational signs. DR. RAIA: I'm talking about "Red Right Return." MR HALL: Those are navigational markers. And the County is pursuing permitting red and green navigational markers with the Coast Guard and the Conservation Commission. They have submitted an application for those markers. MR. PETTY: Mr. Chairman, if I could? CHAIRMAN BURKE: Yes. MR PETTY: The County has quite a few responsibilities, and I don't know whether we should go into all of them. think the core issue here is, our permit is for mangrove restoration; and all of our work has been concentrated on that. Part of that review process and public input. basically added on a little side note, which was the signage issue. The signs do not help the mangroves come back. That's not the issue. It was more of a community issue that was stuck onto us, because we had the audacity to try and do some!hing with the mangroves. That was our penalty, if you will. So we're trying to get through this process and it will not always make sense, because it doesn~ have much to do with re-growing mangroves. It has to do more with the community, public, our political correctoess at the time, and trying to get paperwork through a bureaucracy. DR. RAIA: But. you know, we are more than mangroves. This is the Clam Bay Committee not the Mangrove Action Group. I fuel that part of our stewardship is to maintain the natural status and heauty of that whole area, the entire bay. I cannot see where putting some 30-odd signs, 3-by-4, in that narrow channel is going to contribute to the natural preservation or the natural appearance when it's not even navigable water. You know, at first I was for the signs, because I was just thinking of the canoe markers. But now that I've learned that these are going to he 3-by-4 signs in a windy environment. they're going to have to he well planted in the bay. I don~ know how deep a hole we're going to have to drill and fill with cement. It's going to destruy 682 Clam Bay Committee Meeting Mav 21. 2008 1611 A 11 what we're trying to protect. Now, I oppose putting those kinds of signs up, especially when we know it's not navigable. I'm going to oppose !his right down to the end. That is not what I supported when I said, "lets take care of the signs." Now, don't tell me you've already submitted permits to get these 3-by-5 signs. MR HALL: I have not submitted anylhing. What I'm telling you is that the Coastal Zone Management office has submitted for those permit applications. DR. RAJA: You know, I wish they would speak to Clam Bay first. to Pelican Bay Service Division first. okay? Now, I know they are over us and technically, they, through the commissioners, can override anything we do or say. But. I would like to bring this issue up hefore the commissioners and see what they think about putting 30-odd 3-by-4 signs in that little stletch of water. CHAIRMAN BURKE: Okay. One last speaker. Marcia? Or, Tim, are you finished? MR HALL: Yes, I guess so. I mean, I was just here to answer questions. CHAIRMAN BURKE: Okay. Marcia? MS. CRA YENS: Marcia Cravens agsin. As you-all know, I'm knee deep in this. I have had a lot of communication with all of these state agencies. I have researched this pretty thoroughly. Mayhe I can clariJY it a little bit. When the Management Plan and the permits went to DEP, the Corps, FWC, and the Coast Guard to some extent, there are requirements when you are talking about the mangrove wetlands and when you are talking about the hays, which contain sovereign submerged lands. That is how the Corps is involved in it. Anytime you're going to do anything involving sovereign submerged lands, the Corps looks at navigability from a very unique perspective. It has to do with the 1899 Harbors and Rivers Act. What that act says is that any body of water that was navigable at the time of ] 899 for commerce, and this includes dug-out canoes, then it is considered navigable by the Corps. That is a completely different definition than what FWC or the Coast Guard looks at. They look at the condition of the waters today. And that is something that we have had to try to deal with, hecause there are some folks who have different agendas. And, we are trying to clariJY this. In terms of the informatioual signage. the signage through the FWC, the DEP requires that "Idle Speed, No Wake" has to do with protection of a manatee area. It is a requirement, hecause there are manatees that come through these waters. Its not just because it's a community thing. It's a requirement by DEP for manatees. In terms of other types of things, "Caution, Natural Resources," that has to do with sea grasses. And they don't want prop scars going through the bottom of the hays damaging the sea grasses. Now, when talking to FWC about navigation, they were perfectly willing and very involved in the canoe trail. There is no question but that !his waterway supports navigation by 683 Clam Bay Committee Meeting Mav 21. 2008 16/1 f"r canoes; and it is thoroughly enjoyed by not only this community but also the community at large. I, for one, as a memher of Pelican Bay and a memher of the Mangrove Action Group, would hate to see the loss of the canoe trail. I think it's a real asset. If we do not oppose the proposed navigation signs that one is 3 by 3; and, the other is 4 by 4; the Coast Guard will say, if they approve those signs, that the canoe trail will have to come out. You cannot have a situation where you have a total of 74 signs in this bay. I agree with Dr. Raia and I have talked with both Tara Alford and Major Ulette (phonetic) at FWC, and Chief Embris (phonetic) at the U.S. Coast Guard. And navigability in terms of the navigation charts is a consideration that they will look at. And certainly the Mangrove Action Group opposes these huge, unwarranted, and unnecessary signs. Part of what we were charged with for !his conservation area, if you look at Florida statutes regarding conservation areas, you will see that activities on or within the wetlands and the waters prohibits you to do any activity that will not preserve the natural character of this preserve. And I helieve, that putting in all these signs is certainly taking away from the character of !his scenic, natural area. Thank you. CHAIRMAN BURKE: Thank you. Tim, question. When the final signage plan is developed, will it he brought in front of the Service Division? MR HALL: For the navigation signs? CHAIRMAN BURKE: Well, they're talking, now, about 75 new signs going in. MR. HALL: This 75 signs is there are 32 canoe markers out there currently and there are 32 red and green navigational signs proposed. CHAIRMAN BURKE: Oh, proposed. MR HALL: Proposed. I will say that just hecause the application bas been submitted doesn't necessarily mean it will be granted. But there are those 32 signs and then there are the 10 informational signs: 5 "Idle Speed" and 5 "Caution, Sea Grasses. " CHAIRMAN BURKE: Are those proposed? MR. HALL: Those are actually required in the permit. and some of those are still up. CHAIRMAN BURKE: So the 32 canoe are already in? MR. HALL: Yes, and really the 32 canoe signs and the 10 informatioual signs either have heen or have been up in the past. CHAIRMAN BURKE: Okay. MR HALL: The only new ones.... 684 Clam Bay Committee Meeting Mav 21. 2008 16/1 A1~ DR. RAIA: Yes, but, Jim, the 32 canoe signs extend throughout the entire hay and they were, shall we say, diluted. The 32 other signs that will he put up are only from Clam Pass south in that little, narrow stletch. CHAIRMAN BURKE: Right. So the 32 are the proposed ones. My point is, before those are submitted or approved or whatever the process is, the chart will come here; we'll he able to see where they're going, is that it, so we can issue our protest? MR HALL: I did an exhibit that I submitted that showed where they were heing proposed. CHAIRMAN BURKE: Okay. MR. HALL: But in terms of whether or not Mr. McAlpin or Coastal Zone Management will bring that back to the board, I don~ know the answer to that. DR. RAIA: You know, all the information was not provided to us. If I was shown at that time that these markers, which I thought were just going to he something on the canoe marker size and if I was told these were going to he official navigatioual signs, red on one side, green on the other. in various sizes, I would have shot it down right there. Tim, you are doing this for the Coastal Advisory Group? MR HALL: No, sir. I am attending the estuary discussion group meetings and some of the subcmnmittee meetings as part of that. DR. RAIA: Well, let me get right to the point. Are we paying you to do that. or is some other County agency paying you to do that? MR HALL: No one is paying me to do that. DR. RAIA: You're doing that gratis? MR. HALL: Yes, sir. DR. RAIA: So you're drafting up this permit for these navigational signs gratis? MR. HALL: Yes, sir. That's what I tried to explain earlier. I have had nothing to do with those signs except to sit on that subcommittee group. MR PETTY: Mr. Chairman, if I could, a smaIl note. The point that I think Dr. Raia is bringing up may he valid in that it appears that the County, instead of seeking a separate permit for 30, 70, whatever number of signs they want, is looking to go on top of the Pelican Bay Services Division's permit and has not come hefore !his body seeking that approval. So, they are not seeking a new permit. from what I've heen told. Now, if you can tell me that they are. MS. CRAVENS: They are. 685 Clam Bay Committee Meeting Mav 21. 2008 16 11 A IlJ MR. HALL: They are seeking a new permit for those? MR. PETTY: If they are seeking a new permit for all the new signs, then that's County business and outside the scope of our considerations, although it may be a community issue. CHAIRMAN BURKE: Yes, thafs where I was headed earlier. I think its a community issue. I know Ted, you want to get in front of the Board of Commissioners and protest it. and I think we'll have that opportunity. DR. RAIA: No, I would like to make a motion to have the alert the Conunissioners to whafs going on and have them restrain the Coastal Advisory Group from destroying the natural heauty of that pass. CHAIRMAN BURKE: I think it may serve us better if we get an accountant in here and have him explain these 32 red and green markers to us. DR. RAIA: I think that's .... CHAIRMAN BURKE: Sometimes it helps to ..... DR. RAIA: You knnw, fine. I think he knows what he's doing and I'm afraid I don~ like what he's doing. MR HALL: I believe that permit is heing undertaken under the umbrella of the CAC. DR. RAIA: That's what I suspect. CHAIRMAN BURKE: Yes. DR. RAJA: And he has to he cut off at the pass. The only way we're going to do this is ask the Commissioners to look into this for us. He is under no obligation to present it to us. And even ifhe did, ifhe wants to go ahead and do it. he can. MR. HALL: That's kind of why I did that memo that I helieve was distributed to you people, to let you know what was going on. DR. RAIA: I appreciate that. That was a very helpful memo, yes. MR PETTY: Why didn't you give me that one? CHAIRMAN BURKE: I want to move on to Item 6 here. But are we going to send a .... DR. RAIA: Well, you know, you are the government relations man. CHAIRMAN BURKE: Yes. DR. RAIA: Why don't you speak to your Commissioner about !his? CHAIRMAN BURKE: How do you know I haven~? DR. RAIA: You haven~ said anything. 686 Clam Bay Committee Meeting Mav 21. 2008 16/1 Alt CHAIRMAN BURKE: What if! just did it yesterday? DR. RAIA: Well, you still could tell us. MS. WOMBLE: Did you, Jim? CHAIRMAN BURKE: Let me put it to you this way: there is always a need to keep the elected officials informed, okay? And it doesn't mean they make a commitment to you; but they need to he kept informed. So rest assuted that's heing done and I will take !his to three of the commissioners hefore our next Service Division board meeting to alert them to it. DR. RAIA: Are you for the signs or against the signs? I want to know which information you're bringing. CHAIRMAN BURKE: I don~ have any position on it right now. DR. RAIA: Well, would you at least carry this hoard's position? CHAIRMAN BURKE: Yes. DR. RAIA: Because I'm going to make a motion that we delegate !his responsibility to our government relations person to inform the Commissioners that we oppose these navigatioual signs. CHAIRMAN BURKE: Yes. But from my standpoint. I'm going to have to know what we oppose. So I'll get some clarification from Tim. MR. PETTY: Mr. Chairman, I think the format here is that the committee would take a vote on what their opinion is and that recommendation would he made to the full board; and then the full board may consider the item after that. CHAIRMAN BURKE: Okay, yes. DR. RAIA: Marcia had something else to say. CHAIRMAN BURKE: Marcia, this is the last one on this. MS. CRAVENS: Marcia Cravens, Mangrove Action Group, Pelican Bay resident. again. I think there might he a problem with having Mr. Burke be the person who goes to the Commissioners. Mr. Burke sits on the Coastal Advisory Committee. The last meeting that they had, which I attended, the Coastal Advisory Committee all, unanimously, voted that they would proceed and do everything that they could to go ahead and get these navigation markers in. Now, that was something that Mr. Burke voted for. So I think thaes a problem situation here in that what he is voting for on the Coastal Advisory Committee is contrary to what he would he heing asked to discuss with the Conunissioners through the Clam Bay and the Pelican Services Division boards. I think, for one thing, thafs a problem. I also want to infurm the Clam Bay subcommittee here that I sent my resignation to Gary McAlpin this morning as to my activity within his Clam Bay Enhancement Discussion Group and the Work 687 Clam Bay Committee Meeting Mav 21. 2008 16 /1 A 1 tl Group for Management Planning and Permitting, hecause I feel that !his is a furce. I believe that the Clam Bay Estuary Discussion Group and the work task groups have a pre-existing agenda; they have pre-existing recommendations. And, from the group that I participated in, it clearly was all driven by Mr. McAlpin. There were concerns that were brought up, and they were completely omitted from his notes that he calls "meeting minutes." And I thoroughly object. Thank you. DR. RAlA: Marcia, I'm disappointed that you resigned from that group. MS. CRA YENS: I do not want it to appear as if the Mangrove Action Group .is in consensus with what is heing proposed by that group. DR. RAIA: You could have still been the "voice crying in the wilderness." MS. CRAVENS: I will still attend the meetings and speak up, sir. CHAIRMAN BURKE: Okay. DR. RAIA: Well, Jim, I mean, this is an item to he discussed. l!hink you have a responsibility when you are wearing several hats. Which hat are you going to wear when you go hefore the commissioners? CHAIRMAN BURKE: On this issue, when I talk to the Commissioners in my meetings with them, I will express the will of the board, okay? MS. WOMBLE: But you're not expressing the will of the board yet. This is just a committee. CHAIRMAN BURKE: Yes. So anything the Coastal Advisory Committee decides to do has to go in front of the Commissioners for their approval. The issue is these 32 red and green proposed markers. DR. RAIA: The problem I have is, if the Commissioners only get one view, one presentation, one side, I know how they're going to vote. They'll support their staff. And this is too significant a problem to let that happen. I really think it's absurd to put these signs up. And I don~ know where Gary McAlpin is coming from, doing that. I really don~, unless he's trying to punish us or something. But you know it's contrary to what his responsibility is and I think the Commissioners ought to know !his. STATUS REPORT ON APPLICATION FOR NEW MANGROVE MAINTENACE PERMIT CHAIRMAN BURKE: Item 6, status report on application for new permit focusing on mangrove maintenance and hydraulic balance. Who's going to handle that? MR PETTY: Mr. Chairman, I'll give a summary, and then Tim can give his status report. As you know, we have gotten approval from the County Commission to prepare, sign, and submit our next permit application. We were talking about a lO-year 688 Clam Bay Committee Meeting Mav 21. 2008 16/1 All period in the past; the commissioners approved a 5-year period. We are looking at a little different permit than what we're used to. And it may take awhile for Tim to figure out what the right one is, although I haven't talked to him today, and he may stand up to the microphone and go, ''No, done, I already have them." But this is new for us, so it may take us awhile to fully understand the impacts of going from a 404 and a DEP permit to a new-style permit which is specifically addressing mangrove maintenance only. Tim, it's all yours. MR HALL: I actually brought the Management Plan draft and all of you received copies six, eight months ago. What I've heeD doing since the Commissioners' directive and the Board's directive to me in revising that plan is put more emphasis on.... I actually brought copies for everybody today. I apologize. I forgot about the deadline that I had to get stuff to Barbara so she could get it to you for this meeting. I was also a little concerned that. if I gave it to you too soon, there would be other groups discussing it hefore we had a chance to talk about it, quite honestly. So I went ahead and brought them. I can give them to you today. They hecome public record. I brought extra copies, because I knew some of the audience memhers would like that as well. What I've done is gone through and expanded on some sections, Chapter 3 of the Management Plan, to add more detail in terms of the initial causative agents of the die-off and the restoration activities that have heen done to date. Then I've also put more emphasis on mangroves throughout the entire document and the mangrove enhancement maintenance restoration activities within Chapter 7, which eliminated Chapter 6. Chapter 7, which was the management objectives and all, is now Chapter 6. And what I did there was leave a lot of the same items intact but changed the scope or the final goal of those activities. I made allowances on some of them that those activities that may he undertaken by Coastal Zone Management. If that's the case, then we will cooperate with them in terms of data sharing so that all the groups have a good understanding of the work that's heing done in the system and how it affects the activities that either one is trying to promote or protect. CHAIRMAN BURKE: Tim, will there he anything new in this? Is our request going to he the same maintenance stuff we've heen doing? MR HALL: Yes, basically its the same maintenance in terms of the maintenance of the existing channels; leaving the possibility that we can do new flushing cuts if the need arises not only in just the hand-cut channels, but I'm also leaving in there the ability to do maintenance activities in the interior tidal creeks; and to maintain the originally permitted cross-section of the pass. I think in terms of potential conflict with Coastal Zone Management or CAC, the fact that I'm leaving the ability to maintain the pass at the previously permitted cross-sections may he an issue with them. But in terms of all the work tWs heen done so fur, the one overlying theme is that the flushing ofthe system is the most critical component to the health of the mangroves and IIhink 689 Clam Bay Committee Meeting Mav 21. 2008 1 6 I I A 1 tl if the Management Plan and the anticipated activities don~ take into account that that pass is the life blood of this whole system, then it becomes a much less useful document and much less appropriate for heing able to deal with issues that may come up in the mangroves. DR. RAIA: Tim, this tbree-page memo was very good and good that it arrived prior to our hoard meeting, but I was told we would not discuss this at that board meeting, hecause it had to come through this committee fIl"St. So I want to call your attention to the bottom of Page 2, where reference is made that we really don~ need a permit. if it is all considered management maintenance, we can proceed and do what we've heen doing. And, really, basically, that's all, as far as I'm concerned, we're interested in doing, is just taking care of the mangroves the way we've been doing it and I have wanted to get some official letter about this. And then somebody at that meeting said, "Oh, we've already applied for that." So where do we stand with this? Is this a fact, that we don't need a permit. that we can do what we're doing because it's just maintaining what had been approved in a previous permit? If so, how do we get that in writing so that we have it in perpetuity? MR. HALL: In terms of maintenance with DEP. again, you have to rememher we have two permits. We have a DEP permit and we have a Corps of Engineers permit that allow the activities that have taken place to date. With DEP and the State Regulations, if you do a permitted activity, then you are allowed to continue or to maintain the conditions that were originally permitted. That's absolutely true. If all we were going to do is maintain the channels that we have already dug and do nothing else, then, from DEP's standpoint. we would not need a permit to do that. However, if we wanted to expand on the network, if there was a new side cut that we wanted to put in hecause there was a little area that was ponding, or there was a new area of stless that we noticed due to ponding or lack of flushing, we would not he able to do that if we did not have a permit. So we would have to make an application every time we wanted to do some kind of enhancement activity like that. DR. RAIA: But. I mean, those channels have been there for a few years now and they are working. If we maintain them, they should continue. I mean, theoretically, yes, that can happen. But the likelihood of that happetting is relatively remote. And if it did happen, I don~ see where, with our track record of heing successful in the past. that the permitting people would say, "Oh, no, you can't do that anymore." I mean, I don't think that's a war stopper there, okay? But now you say that the Army Corps of Engineers also have a hand on this. MR. HALL: That's correct. DR. RAIA: Now, is there a problem there? MR. HALL: It's not an exempt activity with the Corps. So when we would go to try to do the maintenance and all, we 690 Clam Bay Committee Meeting Mav 21. 2008 1 6 f, 1 'A ll' would need to permit that activity with the Corps, hecause essentially its digging in wetlands, which is what they permit. In order to do that. we would have to, every year, when we wanted to do maintenance activities, go to the Corps for permission to do that. In order to mesh both of them, my opinion, and what I've been recommending, is that it's hetter to get permits from both agencies so that you're covered. If a storm comes through and moves dirt into some of those channels or changes the contours in any of those areas, without the permit. we would not he able to react to those until we got permits, which could he a year or two years later, in which case the area's dead. With the permit in place, we can go out there, do the maintenance, clear the obstruction, whatever it may he, and save the mangroves without having that happen. DR. RAIA: Is it more difficult to get a permit from both agencies or is it less difficult to get a permit just from the Corps of Engineers? I mean, what is the level of difficulty in dealing with these agencies? MR HALL: The level of difficulty - one of the Corps' requirements for them to issue their permit is that you have to have a state water-<juality certification. It's one of the checklist items. If you don't have a DEP permit in place, we would still have to coordinate with DEP to prove that we're doing the maintenance activity and get them to respond back to the Corps that. "yes, that is maintenance, and the water-quality certification originally is something that's still valid." It's just much easier and much cheaper in the long run, from my standpoint. to have the permits in place now rather than trying to get them after something happens. It allows you to he proactive instead of reactive. DR. RAIA: Okay, but I just don~ know why these people are saying that we could go ahead and maintain it when they should have the experience that. "no, really, you can~ do that." hecause somebody else is going to say, "You can't do it." MR HALL: The DEP is going to say, "this is what our rules allow." They are not going to comment on what somebody else's rules allow. DR. RAIA: But they don~ know that the Corps of Engineers will not allow it? They don~ know that? MR HALL: They would know that. yes, sir. DR. RAIA: Marcia, do you something? MS. CRA YENS: If Tim's done. CHAIRMAN BURKE: Tim, are you finished? MR. HALL: I'm done. I'll just hand these out so you people have them to look at. CHAIRMAN BURKE: Okay. Marcia? MS. CRAVENS: Yes. I think a couple of things need to he highlighted here. One is that the meeting with the 691 Clam Bay Committee Meeting Mav 21. 2008 16/1Alt' Commissioners occurred on April 22nd. There was a meeting with DEP by Gary McAlpin; myself; Tim Hall; Jim Burke was there; David Buser; Doug Finlay; David Roellig; there were two staffers from Fort Myers DEP; and there was a telephone conference with Lenny Edwards from Tallahassee DEP. This meeting occurred at Fort Myers DEP on April 30th. We obtained new information at !his DEP meeting, which has to do with not heing required to submit a new permit application. I hashed this out with DEP in conversations with them. What was explained to me is there is an application for exemption, hecause what we're talking about is exemption from needing new permits. All this board has to do is request an exemption application, fill it out. and submit it. Now, you are not required to use an exemption application. You can continue doing your work without actually even applying fur it. but what that application will do is it will validate it. It will validate to the DEP that everything that you are proposing to do, which is continuing to do what you've already heen doing and it simply validates that. okay? Those are the steps that you take for the documentation that !his is okay to do it !his way. As fur as the activities with the Corps, they actually kind of see it the same way. You already have a management plan in place; you have heen permitted to do certain activities for maintenance; and you should he able to continue doing exactly the same thing as long as you are not expanding it or changing it. Now, I am having conversations with individuals at the Corps to hash that out as well and to see if there is any particular application or form that needs to he involved with that. I hope that clarifies it a little bit. DR. RAIA: Well, it gives us two different stories, if that's a clarification. Do they have a spokesman that might come to a meeting and explain to us directly what can he done rather than sending individuals up and getting different..... MS. CRAVENS: Thats very good point. We could probably ask them and invite them to come. DR. RAIA: I think we should do that. And I would suggest this: that we suggest to our board that the board formally invite a spokesperson from the Corps of Army Engineers and from DEP to get it straight from them exactly what can he done just to maintain what we have always successfully done in the past. MS. CRA YENS: And I might add that those permits and the Management Plan include everything that we've heen doing. It includes the water quality sampling which allowed us to have the clean water eertificate; it allows the interior channels as long as we're not digging new ones; and it allows the maintenance of the pass. All the work that we are currently doing, if we want exempt status from requiring application for a new permit. it covers all of those activities. I might just add one more thing. Even if we submit a new application for a permit that has a narrower scope, it will not contain future activities; so it doesn't really protect us or help us in any way if we then need to dig new ditches. I might add that we currently have this year through and until July of next year whereby we are covered by the works that our current permit allows. And, Tim, it might he possible, if you guys 692 Clam Bay Committee Meeting Mav 21. 2008 16/1 Al,lJ had the areas of concern that might mean new ditches, if that were taken care of within this period of time. MR PETTY: Mr. Chairtnan, if I may, two things. If there is to he a meeting on our permit with DEP or the Corps of Engineers, let me suggest that staff should he present. Currently, we don't have anybody from Pelican Bay Services Division representing Pelican Bay Services Division with their directive. We have members of Pelican Bay, and we have board memhers, of course, but we don~ have any directives. And what happens is, we get these opinions coming from all these various entities, staff hasn't had time to vet any of this information, and we'd like to he able to answer the questions if we could. Second, staff wishes to tell you that we also recommeod having a permit with these agencies. Even though these agencies, you know, may find it within their rules to allow the maintenance work to continue, I can tell you, from over 20-years-plus experience, that you can get yelled at a whole lot for not baving that piece of paper in your pocket. We just spent three months dealing with DEP over that issue of mangrove maintenance next to our herm; and it got a little nasty there for a while. Now it has all cabned down, and they've found out that. oh, yes, we can maintain it because the permit was issued and 25, 30 years ago, and, yes, we could. But without that piece of paper and that written instruction, it hecomes very difficuh. DR. RAIA: John, I understand what you're saying. And that's why I wanted something in writing that we are allowed to continue the maintenance of what has already heen permitted. And if we can~ get that. then I agree, we have to get a permit. I don't want somebody to just say, "oh, sure, you can go ahead and do that" No, I want it from somebody official, some official to actually give us a document that states we can maintain. MS. CRA YENS: I have a document. DR. RAIA: If there's a storm and those channels filled in, to me, to open those channels that were pre-existing hefore the storm is maintenance. The need for digging a new channel, I consider that rather remote; but I would agree you would have to get a permit. because you're doing something that's a new activity. MS. CRA YENS: Dr. Raia, I have a document. I'm sorry it was sent to me from DEP when I was requesting more information about the exemption situation. There is a document that was originally created by the South Florida Water Management District that DEP has adopted. And they are rules. The exemption information is within those rules. I would he happy to forward that on to you. DR. RAIA: Why don't you forward that on to Barbara? MS. CRA YENS: Okay. DR. RAIA: She can make that material available to the board at the next meeting. 693 Clam Bay Committee Meeting Mav 21. 2008 16/1 A11~ MS. CRA YENS: Absolutely. CHAIRMAN BURKE: We're getting a little fur afield here. For the next year, there's no problem; we have a permit if the Army Corps okays the extension. From that point on, we're going to have a new permit. There is no harm in getting that permit; there's only a plus. So, we have that permit. we're going to he able to continue to do what we do; we're going to he able to make the additions or changes we have to make. There should he no argument about whether or not we're going to get a new permit. John Petty supports that. It makes sense to have it so we don't have to he sitting here. DR. RAIA: Well, yes, but it's only a five-year permit. CHAIRMAN BURKE: It may he five, yes. DR. RAIA: And I think we have to pay to get these permits. We pay a lot; we pay a lot to our consultants, staff time, and everylhing else. It costs money to get those permits. Its not a freebie. Thafs another area that I'm looking at. And if we're allowed to maintain this, then we should go that route, hecause it doesn't add any expense to what we're doing, we've already paid that expense because the permit designated what we had to do. We paid for that consultation. CHAIRMAN BURKE: Well, to me it's an investtnent in our numher-one asset. So I don't have a problem with it. DR. RAJA: John, I'd like to ask you a question. Perhaps you, as our stalf, our one and only, well, two people, to actually go to these people that we have heard had been approached with information and carry back to us the true facts of how we go about doing this without any individual persuasion, but exactly what DEP says and what Corps of Engineers say about this maintenance. And you were out when I mentioned there's an advantage to maintenance; it's less costly. We have to pay for those permits. We pay staff to develop it; we have to pay for a consultant to develop it. It costs money. And if we don~haveto go that route, I suggest that we don~. But I would like to have you come back with the facts and perhaps extend an invitation to some spokesmen for DEP and the Corps of Engineers to come down and speak to us about !his. CHAIRMAN BURKE: John, you mentioned staff. I would think we'd bring them in for a Clam Bay meeting if they'd come. And llhink you need to he the contact point to establish some order to !his !hing, okay? MR PETTY : We can do that. sir. And I think the objective is well known. It's either a permit or a letter that exempts us from the permit. In my case, thaes the same thing; whether its a permit nurnher that they approve or it's an exemption letter that serves the purpose that allows us to take our staff and go do our job. I have no problem at all with doing that; and I think staff can handle it for you. CHAIRMAN BURKE: Yes. And then we can ask the questions directly of representatives from both, because 694 Clam Bay Committee Meeting Mav 21. 2008 16111\1l apparently anything that's brought back from those meetings is considered suspect. MR. PETTY: We will try and bring back what we can, sir. CHAIRMAN BURKE: Okay. Any other comments on this? Point 7, Agenda Item 7, Clam Bay video dissemination status. CLAM BAY YIDEO DISSEMINATION STATUS MR PETTY: Mr. Chairman, we're just trying to report back to you that we have distributed quite a few copies of the Clam Bay video. It has gone to the Foundation. We've gotten a schedule of this week's airing of "The Jewel of Pelican Bay" and it appears that we're getting market saturation and, unfortunately, no royalties to go with it. But they're showing it every hour on the hour; at least it looks like it. CHAIRMAN BURKE: Who's showing it? MR. PETTY: The Foundation. DR. RAIA: Its on 96. And a lot of people have come up to me who admit that they never watch 96 but just happened to catch this and got glued to it and really enjoyed it and were very pleased to see it. So it is paying off. CHAIRMAN BURKE: I think Coleman mentioned yesterday that he is getting 12 and he'll offer them at the men's coffee on a borrow status. MR. PETTY: Library style. CHAIRMAN BURKE: Library style, yes. MR. PETTY: So anybody who wishes a copy you can purchase one for two dollars at the office, and we do have a borrowing program for the trustworthy. CHAIRMAN BURKE: So if someone doesn~ want to pay the two, they can borrow it? MR. PETTY: Yes. ADJOURN CHAIRMAN BURKE: Okay. Any other comments on that? Audience comments to close it out? I will entertain a motion to adjourn. Dr. Raia moved to adjourn, seconded by M.. Alvarez and was unanimously approved. - - ~-- -- ---- - - ---- - -- - -- ---- --~--- - - --- 695 Clam Bay Committee Meeting Mav 21. 2008 1611All ********** There being no further business the meeting was adjourned by order ofthe Chairman at 11:00 a.m. M TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE INC., BY KAREN BLOCKRURGER, RPR, NOTARY PUBLIC AND FORMATTED BY MARY MCCAUGHTRY, PELICAN BAY SERVICES D1YISION. 696 i A 12 1 6 I ~ctober 6, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE !\.'T:::/"'I :,._ LJ Naples, Florida, October 6, 2008 Fiala LET IT BE REMEMBERED, that the Collier County Public Vehicle Halas Henning Advisory Board Workshop in and for the County of Collier, having Coyle Coletta~ conducted business herein, met on this date at 9:30 A.M. in REGULAR SESSION at the Collier County Community Deyelopment Services Division Conference room #609, 2800 N. Horseshoe Drive, Naples, Florida with the following members present: CHAIRMAN: Tony Marino (excused) Russ Berghuis Reg Buxton Ron Doino Tom Lugrin Steven Quinn (alternate) STAFF PRESENT: Diane Flagg, Director, Code Enforcement Marlene Serrano, Supervisor, Code Enforcement Colleen Dayidson, Code Enforcement Michaelle Crowley, Inyestigator, Code Enforcement Steve Williams, Assistant County Attorney Jeff Wright, Assistant County Attorney MIsc. Corres: , DateQ~OA -IJC6 !tem#10 r_(~~t;)-- ! A 12 1 6 I ltober 6, 2008 I. Call to Order: Vice-Chairman Reg Buxton called the meeting to order at 9:30 A.M. II. Roll Call Colleen Davidson called the roll and a quorum was established III. Approval of Agenda Russ Berghuis moved to approve the agenda. Second by Tom Lugrin. Carried unanimously, 5-0. IV. Approval of Minutes - September 8, 2008 Change: Item 7- Speakers, first paragraph: ...Michele Arnold, Alternative Transportation Mode, Transportation Division not Code Enforcement Russ Berghuis moved to approve the minutes of September 8, 2008, as amended. Second by Reg Buxton. Carried unanimously, 5-0. V. Complaint Report - Michaelle Crowley (handout) Michaelle Crowley distributed her report and highlighted some of the particulars: . Total of 58 cases - 47 patrol cases; II industry or public complaints. Four $500 Citations issued to Atlas Cruisers. . Attended Special Magistrate on 9/19/08 and 10/3/08 regarding Clean Ride. Case is pending and being researched. . Sanibel Taxi has 30 days to contest citation or ask for a hearing. . Letter of request received from Allen Walker, Dept. of Agriculture, Division of Weights & Measures, for a list of taxi companies and metered cabs licensed through Collier County. . Homecoming season - checked Lely High School: no limos, 2 buses, I taxi. VI. New Business: A. New Applications: Colleen Davidson presented the following application packages, which have been recommended by staff for approval. 1. Gulf Coast Non-Emergency Transport - Request is for a new CTa Applicant is Eric Madden, who was present. Russ Berghuis moved to recommend approval. Second by Tom Lugrin. Carried unanimously, 5-0. 2. Verve Limo Services, LLC ~ Request is for new CTa Applicant is Mark Gyetvay, who was present. Mr. Gyetvay explained that he would be using 3 vehicles and had a local business address. Russ Berghuis moved to recommend approval. Second by Tom Lugrin. Carried unanimously, 5-0. 2 16/'1 A12 October 6, 2008 B. Election of Officers Vice-Chairman Buxton announced that he was not in favor of holding an election in the absence of the Chairman, who should be allowed to vote. He asked to table the election until the full Committee was present. It was strongly suggested by Attorney Steve Williams that the election be held according to the time frame required in the Ordinance. Discussion followed. Russ Berghuis moved to hold the election according to the Ordinance. Second by Tom Lugrin. Motion carried, 4 yes -1 no. Reg Buxton voted no. Nominations for Chairman: Tom Lugrin nominated Russ Berghuis. Reg Buxton nominated Tony Marino. There were no further nominations; nominations were closed. Bya show of hands Russ Berghuis received 3 votes. Tony Marino received 2 votes. Russ Berghuis was elected Chairman. Nominations for Vice-Chairman: Russ Berghuis nominated Tom Lugrin. Tom Lugrin nominated Reg Buxton. There were no further nominations; nominations were closed. By a show of hands, Tom Lugrin received 3 votes. Reg Buxton received 2 votes. Tom Lugrin was elected Vice-Chairman. VII. Old Business: 1. Ordinance Revision (handout) Attorney Jeff Wright provided copies of the revised wording for: Section 142-33, changing the renewal date from 12 months to 24 months; and for Section 142-53, part B, changing the dates for vehicle decaling being color coded, from February 1 through January 31, to December 1 through November 30. These changes are to be presented to the BCC at their October 28th meeting. Tom Lugrin asked if the driver ID renewal would be from the effective date or from the birth date as it is on regular Driver Licenses. Upon which a brief discussion was held and it was determined that the effective date would be used. Diane Flagg mentioned that there were still additional revisions to come for the full Ordinance change. However. PV AC's agreement was sought for what has been completed so far, in order to speed up the process and get the BCC approval as progress advances. Target for the full Ordinance is geared for December. She stated that significant replication was needed to streamline the Ordinance wording. 3 161'1 A12 October 6, 2008 Russ Berghuis moved that all revisions be completed by the next PVAC meeting or even at a special meeting called, in order to get it on the November BCC agenda. Without a second the motion was not considered. Lengthy discussion revolved around: . Deadlines for inclusion in BCC and PV AC meeting agendas · Different deadline dates for Staff and County Attorney re: Agendas · Possible need for a Special PV AC meeting to meet BCC Agenda deadlines . Following the BCC's specific direction · Approvals by BCC for the changes, strike-outs and streamlined wording and Specialty Vehicle inclusion. Attorney Jeff Wright agreed to push for inclusion on the November 18th Agenda, the revisions, the specialty vehicle and the redundancy changes. Diane Flagg stated they will target November 18 to go to the Board and will inform the PV AC if a Special Meeting would be needed before that time. Russ Berghuis moved for a recommendation to go before the BCC for approval of removing the redundancy in the Ordinance; approving the changes to Section 142.33 and Section 142.53 part B and the Specialty Vehicle provision. And, that all PVAC members receive a copy of that recommendation within the nextfew days. Second by Tom Lugrin. Carried unanimously, 5-0. Discussion then ensued regarding the Company and Driver ID renewal coming in all at once in November, since the Ordinance will change the renewal dates. Russ Berghuis moved to recommend that both Company and Driver ID renewals are to be on the Birth date rather than the issue date. Second by Ron Doino. Carried unanimously, 5-0. 2. Fuel Surcharge - Approved by BCC (handout) Colleen Davidson provided a copy of the letter sent out to the "For Hire Taxi Industry" reporting that the per trip fuel surcharge was approved by the BCC on Sept 9, 2008. Instructions for implementation were provided in the letter. To a question about the drop rate increase, Diane Flagg stated that no study had been done on drop rate increases; just for fuel surcharges. A request would have to come from PV AC. Reg Buxton moved to recommend a study of a rate increase to the drop rate be initiated. Second by Russ Berghuis. Carried unanimously, 5-0. Diane Flagg will keep the PV AC updated on whether the study will be ready to go before the BCC at their December 16th meeting. 4 16/1A12 October 6, 2008 VIII. Speakers: Ken Mastrodomenico, Taxi Time: Request was for a mileage charge increase. He stated the drop rate is fine as long as there's an increase in the mileage charge. Also, he again asked for more taxi industry representation on the Committee. Russ Berghuis announced that PV AC will meet with members of Taxi Cab companies at the end of the November 3rd meeting. Fizz Papps, Dolphin Transportation: Concern was that the Specialty Vehicle issue was being addressed. Diane Flagg spoke about planned revisions in the three sections of the Department: . Investigations . Enforcement (Special Magistrate, Code Enforcement Board) · Operations and Administration (support services for investigations). Jamie French, who handles regulatory functions for Public Utilities will assume the regulatory functions for Public Vehicles for Hire (Operations, Ordinances, renewals. mileage and rate studies). Two of his staff personnel will be assigned to this area. Code Enforcement will handle investigations and administration. Brief discussion followed regarding this process. Reg Buxton requested a senior staff person, familiar with PV AC, attend at least the first three meetings to facilitate the transition. IX. Next Scheduled meeting: November 3, 2008 There being no further business for the good of the County, the meeting was adjourned by order of the chair at 10:35 A.M. ***** R COUNTY PUBLIC VEHICLE RY COMMITTEE "-- . ViclI Chll;1""laR, RC6 Buxton ~voJk~\\ ?Jl(~:~\~'\"! Ch\/ ------.-.-...------ These minutes approved by the Board/Committee on __, as presented or as amended 5 RECEIVED 6'1 lA'13 v Fiala Halas OCT 3 0 2008 CHenlning oye MINU"PESJ(JF"TIlE MEETING~ttcH OUNTY RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE Community Development and Environmental Services [CDES] Building; 2800 North Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; October 14, 2008 LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area Review 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 CDES Building, Rooms 609/610 2800 North Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN, Ron Hamel VICE CHAIRMAN: Neno Spagna Brad Cornell [arrived at I 1:00am] David Farmer Gary Eidson Bill McDaniel Dave Wolfley Tom Jones Tammie Nemecek [left meeting at 11 :OOam] ALSO PRESENT: CDES staff members Thomas Greenwoo.d of the Comprehensive Plarming Department and Laura Roys of the Engineering and Environmental Services Department as well as approximately 15 members of the public. I. Call Meeting to Order The meeting was called to order at 9:05AM by Chairman Ron Hamel. II. Roll Call Roll call was taken, and a quorum was established as 8 of 12 members were present, with Floyd Crews, Jim Howard, and Fred N. Thomas, Jr. having excused absences and Brad Cornell was expected to arrive later due to a conflict with the BCC meeting. III. Approval of Agenda Mr. McDaniel moved to approve the agenda as presented and seconded by Mr. David Farmer. Voice Vote - Unanimously approved IV. Approval of Minntes of the October 7, 2008 Meeting McDaniel moved and seconded by Mr. Farmer to approve the minutes as distributed. Mr. Hamel asked Mr. Greenwood to brief the Committee on the Committee logistics with respect to moving forward with the Phase 2 Report and to the now scheduled November 12 EAC presentation, December I CCPC presentation and the January 29, 2009 BCC presentation. Mr. Greenwood referred to the attached schedule as discussed on October 7th and stated the following: . The Committee charge. bv Resolution No. 2007-305A with respect to the Phase 2 Report, is to "Review the RLSA Overlay and make recommendations to increaM!SAt~tiveness ofthe Overlay". 0alI: \~ ~Dl ~O~ IIPage Itllmt:lbIc\)A[~ Copies to. 1611 A13 . The timin~ in the completion of the RLSA Overlav by the Committee and the lack of data and analysis to completely support the proposed changes [staff made this statement in response to Committee proposed changes to Policies 2.1 and 2.2] has made impractical the planned Phase 2 Report presentation to the EAC during its November meeting, to the CCPC on December I, and to the BCC on January 29,2009. . Following: the existin~ Proiect Management Plan would likely place the presentations to the EAC in either January or February, the CCPC in March, and the BCC in April. Mr. Farmer asked what data and analysis is required. Mr. Greenwood stated that the statutes would require an analysis of the impacts, including upon public facilities and services, that would occur through the proposed RLSAO amendments. Bill McDaniel stated that it would be prudent to allow enough time to include the work being considered by Naples Cultural Landscape and to set aside enough time so that the Committee is not rushed and a good product is produced as the Committee work will be scrutinized heavily, both locally and on the state level. Tom Jones wondered why the Committee's Phase 2 Report could not go directly to the Board of County Commissioners, receive some direction from the BCC regarding possible RLSAO amendments and then go through the EAC, CCPC and BCC with transmittal and adoption hearings [as opposed to going to each of the bodies three times]. Al Reynolds stated that the Committee has done well to date and would like to see a comprehensive set of recommendations corne from the Committee. He stated that he would be willing to provide an expedited schedule to the Committee for it to consider. Gary Eidson stated that he would be most disappointed if there would be a lack of interest in putting the Committee recommendations into the GMP and LDC. Mr. Farmer asked why the Phase 2 Report could not go directly to the BCC in a manner similar to the East of CR 951 Infrastructure Horizon Study presentation to the BCC on September 29. Tom Jones stated that he would like to see two schedules [one following the Project Management Plan and one providing a more expedited schedule to cause the Committee recommendations to go to the BCC as early as possible]. Mr. McDaniel moved and Mr. Eidson seconded to ask staff to prepare a revised schedule based upon the current Project Management Plan and the expected delay in getting the Phase 2 Report for review. Ms. Nemecek asked that the schedule include the tentative dates of RLSAO amendment hearings, etc. Upon vote, the motion carried unanimously. The Committee also accepted Mr. Reynolds' offer to develop a schedule for the expediting of the Phase 2 Report. V. Presentations. A. Dr. Panl Van Buskirk; Briefin~ on East of Collier Countv CR 951 Infrastructure and Services Horizon Studv. Dr. Van Buskirk provided an approximate I hour power point presentation of the Study's findings similar to that provided to the BCC on September 29th. Mr. Wolfley stated that he felt that the numbers may be accurate, particularly if they are updated annually, but that the locations of many ofthe public facilities and private developments cannot be predetermined well in advance. Mr. McDaniel asked if Dr. Van Buskirk could share with the Committee the map prepared showing possible SRA locations. Dr. Van Buskirk stated that the map could be made available to the Committee. Mr. Jones cautioned that a person viewing this map should know what they are dealing with in such maps as they should not be construed as future land uses and that the model will have to be regularly updated to stay useful. Bill McDaniel stated that the Growth Model can be updated and that the model is on the internet and those staff personnel able to update it have been given permissions to do such. Cormac Giblin stated that the model is excellent and questioned which set of population projections will be used by Collier County for the RLSA.. .the 2005 projections of 392,000 or the new projections of about 210,000 developed through the East of 951 Study and the Committee. Mike Bosi stated that the County will need to accept one of the two alternative projections and that the use of the 2035 BEBR projections is problematic in that their projections are pretty much global for the County and they do not break down projections to a smaller geography such as the RLSA. Laurie McDonald asked how the 2lPage 16/;1 A13 rnodel accounts for demographics, natural resource limitations such as potable water, etc. Dr. Van Buskirk stated that the model is land based and if it is found that the East of 951 area will have water available only for 300,000 residents, as opposed to the build-out population of 400,000+, then the model would be reset with a limit of 300,000 and this would be true for any other required facility or service. With respect to conservation lands, if lands are removed from possible private development to conservation, then the model would be adjusted for that as well on an annual basis. No Committee action was taken and the Committee thanked Dr. Van Buskirk. VI. Old Business Phase 2... Review of Group I-Group 5 Policies of the Rural Land Stewardship. includinl! Issnes. Concerns. apd Ouestions [concentration on Groups 4 and 5 Policies] as well as data and analvsis with respect to proposed revisions to the RLSA Overlav The following is a summary of discussions and Committee actions taken on Policies during its October 14, 2008 meeting. A & B. Policy 1.6 and 1.7 and Policies 4.4, 4.5, 4.7.1, and 4.14. Mr. Greenwood stated that these policies are not ready of review by the Committee today and that Transportation has stated that they would present them on October 21 and Heidi Ashton is in contact with Jolm Passidomo regarding Policies 1.6 and 1.7 and hoped to have a report on October 21 as well. Mr. Eidson moved and Mr. McDaniel seconded to table action on these policies to the October 21 meeting. Upon vote, the motion carried unanimously. C. Group 5 - Policies that protect water quality and quantity and the maintaining of the natural water regime and protect listed animal and plant species and their habitats on land that is not voluntarily included in the Rural Lands Stewardship Area program. Policy 5.4 Collier County will coordinate with appropriate State and Federal agencies concerning the provision of wildlife crossings at locations determined to be appropriate. A map of these potential crossing locations will be developed within 12 months of the effective date of the Growth Management Plan Amendment and used in evaluating communitv. cultural and historical. and transportation planning for the RLSA . including all SRAs described in Group 4 Policies. Public Input: I. Stronger language for wildlife underpasses and a map of locations [FWF) ECPO Comments: The RLSA program provides a tremendous framework for facilitating the establishment of wildlife underpasses, by protecting large expanses of habitat with SSA lands. The actual need assessments, locating, design, and construction of wildlife underpasses occurs through the efforts of state and/or federal wildlife and transportation agencies, either as part of public works projects or as part of the regulatory process for development projects. As one example, FWC researchers continually evaluate the need for panther crossings, and have maps of existing and proposed panther underpasses. 2. Panther deaths on 846 are mentioned, but not those on Rte 29 or 41 east, which are many. [Judith Hushon) ECPO Comments: Panther deaths on Route 41 East are miles south of the RLSA, as are incidents on SR 29 south of the Sunniland mines. The panther-vehicle collisions on CR 846 east of Immokalee were considered when designating the FSA and HSA stewardship overlays in that 31Page 16 J 1 AI3 area. SSA 3 and SSA 4 were later designated along that segment of CR 846 specifically to provide opportunities for future panther crossings. Brad Cornell stated that he would like the Committee to consider adding additional language to Policy 5.4 which was acted upon during the October 7 meeting. He asked the Committee to add the following language at the end of the last sentence of Policy 5.4: ", including all SRAs described in Group 4 Policies." Public Discussion on October 14: None Committee action taken on October 14: Mr. Cornell moved and Mr. Eidson seconded to add the words at the end of the last sentence of Policy 5.4: ", including all SRAs described in Group 4 Policies." Upon vote, the motion carried unanimously so that Policy 5.4 now reads as shown above. Brad Cornell presented the following proposals to the Committee on October 14 to amend the following Group 5 Policies [attached to these minutes) Policy 5.5 For those lands that are not voluntarily included in the Rural Lands Stewardship program, non- agricultural development, excluding individual single family residences, shall be directed away from the listed species and their habitats by complying with the following guidelines and standards: I. A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and u.s. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. No local permits shall be issued until necessarv state and federal permits have been obtained. 2. Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site is capable of supporting wildlife and can be anticipated to be occupied by listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. a. Management plans shall incorporate proper techniques to protect listed species and their habitats from the negative impacts of proposed development. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wi ldlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. 1. The following references shall be used, as appropriate, to prepare the required management plans: I. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. 4lPage 1 6 I '.1 A 13 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Teclmical Report No.4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Teclmical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. 5. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. 11. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph 3 of this policy. iii. When listed species are directly observed on site or indicated by evidence, such as denning, foraging, or other indications, a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes. The County shall also consider the recommendation of other agencies, subject to the provisions of paragraph 3 of this policy. b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Teclmical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, subject to the provisions of paragraph (3) of this policy. e. For the red-cockaded woodpecker Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provision of paragraph 3) of this policy. f. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear- proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. 5lPage 16 I II A 13 g. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Gold courses within the Rural Lands Area shall be designed and managed using standards found within this Overlay. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white-tailed deer. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, subject to the provisions of paragraph (3) of this policy. The Multi- Species Recoverv Plan (1999) shall constitute minimum wildlife protection standards for the RLSAO. h. The Management Plans shall contain a monitoring program for developments greater than 10 acres. 3. The County shall, consistent with applicable policies of this Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property eefllainiRg utilizing listed species. It is recognized that these agency recommendations, on a case by case basis, may ehaRge strengthen the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. However. no relaxation of these wildlife protecton policies will be considered. Public discussion on October 14. 2008: Tom Jones stated that he has a problem with inclusion of the additional language in Policy 5.5, paragraph 1. Brad Cornell stated that he is OK with deleting that language. Brad Cornell stated that all the studies need to be updated. Bill McDaniel stated that the Committee should consider reference language to the most current studies and not cite each plan. Brad Cornell stated that he does not object to a universal species clause rather than list specific studies. Tom Jones suggested that draft language be prepared for Policy 5.5f. Bill McDaniel suggested drafting language and sending it out to the Committee. Tom Jones stated that he is trying to forego a list of 68 species. Elizabeth Fleming stated that the language is a forward looking policy on people interaction. It would require provision of information about wildlife to people. Gary Eidson stated that this discussion would be a lot easier if there were specific motion language to vote on and not just ideas. Public Iuput: Staff Comments: Committee Action on October 14. 2008: Brad Cornel moved and Gary Eidson seconded to have staff develop language for Policy 5.5.2. f. Upon vote, the motion carried unanimously. Committee Action of October 14. 2008: Brad Cornel moved and Bill McDaniel seconded to amend the language in Policv 5.5. paragraph 3 as shown. Bill McDaniel stated that he is not in favor of first change in paragraph 3 in that it is too discretionary and that he is OK with the rest of paragraph 3 proposed amendments. Laura Roys stated that the word "native" could be inserted after the words "or listed species" in the fourth line. Mr. Farmer stated that he is opposed to 6lPage 1 6 111\1 A 13 Laura's suggesting citing previous problems with such provisions. Upon vote, the motion failed by a vote of7-1 with Brad Cornell voting affirmatively. Committee Action of October 14. 2008: Mr. McDaniel moved and Gary Eidson seconded to amend Policv 5.5. oaragraph 3 to include the changes proposed in the last two sentences. Upon vote, the motion carried. 7-1 with David Wolfley voting in opposition. Lauri McDonald stated that she felt the use of the word "utilizing" rather than "containing" in the first sentence of Policv 5.5. paragraoh 3 would be more appropliate. Tom Jones moved and Bill McDaniel seconded to amend the word "containing" to "utilizing". Upon vote, the motion carried unanimously. D. Stafr initial review of Naples Cultural Landscape presentation of October 7, 2008. Mr. Greenwood stated that review memo was provided to the Committee [attached as part of the Minutes]. Noah Standridge stated that he represents Naples Cultural Landscape and asked that the Committee not consider any further the 15 comments and questions under the 15 different policies previously covered by the Committee. He stated that he would like to provide one or two new freestanding policies for Committee consideration. After discussion, the Committee invited Mr. Standridge back to its October 2Sth meeting to present the proposed language. VII. New Business [none] VIII. Public Comments. IX. Next Meeting. Mr. Hamel stated that the next meeting will be held on October 21, 200S. in Rooms 609/610 of the CDES Building, 2S00 North Horseshoe Drive, in Naples. Fl. from 9:00 A.M. - 12:00A.M and that Neno Spagna would chair the meeting in his absence. X. Adjonrnment Mr. McDaniel moved to adjourn the meeting. seconded by Mr. Eidson with the motion approved unanimously with adjournment at 12:02PM. w Committee These minutes approved by the Committee amended . v on Ham irman ..) :'X,/ on u'i. ,:( 5 I 0. / , 1s I presented f)( or as 71Pagc 16/1 A13 PHASE II REPORT PREPARATION SCHEDULE AND REPORT FORMAT REVIEW COMMITTEE DIRECTION August S, 2008 [updated through October 7, 2008] SCHEDULE A. REMAINING REVIEW COMMITTEE MEETINGS . September 2...RLSA Overlay Review [CDESJ . September 16...RLSA Overlay Review [CDESJ . September 23...RLSA Overlay Review [CDES] . September 30...... RLSA Overlay Review [CDES] . October 7...RLSA Group 5 Policies [CDES] . October 14...RLSA remaining Group 4 transportation-related Policies, Policy 1.6, and Data and Analysis [CDES] . October 21....Draft Report Review?? [CDES] · October 28...Final Review and wrap up for Phase 2 Report [CDES] B. PUBLIC VETTING MEETINGS . November 12....Environmental Advisory Council . December l......Planning Commission . January 29, 2009...Board of County Commissioners . February 27, 2009....Department of Community Affairs PHASE 2 REPORT FORMAT AND CONTENTS The following is format approved by the Review Committee on August 5, 2008: . COVER . TRANSMITTAL LETER with 2 maps: 1] "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map; 2J "RLSA Status Map" which shows all approved Stewardship Sending Areas and the one approved Stewardship Receiving Area, The Town of Ave Maria. . TABLE OF CONTENTS . EXECUTIVE SUMMARY . COMMITTEE- RECOMMENDED AMENDMENTS TO THE RURAL LANDS STEWARDSIP AREA OVERLAY a. Short Version Annotated b. Long Version Annotated . DATA AND ANALYSIS . APPENDICES 16/1 A13 Co~-rL.. Qount:y TO: RLSA REVIEW COMMITTEE FROM: THOMAS GREENWOOD, AICP, STAFF LIAISON DATE: OCTOBER 9, 2008 SUBJECT: STAFF INITIAL REVIEW OF NAPLES CULTURAL LANDSCPAPE [NCL] PRESENTATION TO RLSA REVIEW COMMITTEE ON OCOTBER 7, 2008 I. REPORT IN BRIEF. The purpose of this report is to provide the initial staff response to the Committee's October 7 request for staff review of the materials presented by James Hammond of Naples Cultural Landscape [NCL] to the Committee during the Committee's October 7 meeting. II. BACKGROUND. Mr. Hanunond made an initial brief appearance before the Committee at the end of the September 30'h meeting and he was invited back to make a more detailed presentation during its October 7 meeting. Mr. Hanunond made an approximate 45-minute presentation to the Committee on October 7 and distributed the attached memo to the Committee addressed to Joseph Schmitt, CDES Division Administrator. Subsequent to October 7 staff asked for and received a "word" version of NCL' s presentation dated October 7, 2008 addressed to Joseph Schmitt, CDES Division Administrator. III. BODY OF REPORT. After a review of the information in the packet provided to the Committee, Staff has the following comments and observations in order to receive further Committee direction: A. Cultural Resource Management Handbook of FDOT's Environmental Management Office dated November, 2004 and related 2008 Florida Statutes. Staff considers this for information purposes only and not requiring Committee action at this time. B. Letter dated September 9, 2008 from the Florida Department of State, Division of Historical Resources. Staff considers this for information purposes only and not requiring Committee action at this time. C. 2008 Florida Statutes related to Florida Greenways and Trails Act [FS 260.012). Staff considers this for information purposes only and not requiring Committee action at this time. D. October 7, 2008 letter to Joseph Schmitt, CDES Division Administrator. Staff's initial review of this letter includes the following: 1. First Statement on Rage 1. The Collier County RLSA does NOT come under the Florida Statutes and, as such, will not come under the lJrolJosed 9J-5-026 [which is only in the rulemaking process at this time according to Robert Pennock of the DCA by telephone on October 8, 2008J llPage 16/1A13 2. Second Statement on oal!e 1. The Collier County RLSA does NOT come under the Florida Statutes and, as such, will not come under the proposed 9J-5-026 [which is only in the rulemaking process at this time according to Robert Pennock of the DCA by telephone on October 8, 2008] 3. Interoretation on pal!es 1 and 2. The information on page 2 is support information leading to the balance of this letter and no Committee action is required at this time. 4. Goals and Obiectives on oal!es 3 and 4. #1... US Highway 41 is outside of the RLSA #2... US Highway 41 is outside of the RLSA #3, #4, #5, #6 &#7...All of these goals and objectives will require close coordination with landowners and funding sources to achieve. 5. Statement on pal!e 4. It should be stressed, in response to the opening paragraph, that all Review Committee meetings are well advertised and attended by those having an interest in the RLSA Program 5-Year Review process, significant products and documents relative to Committee actions are on the web site, and the Naples Dailv News has published between November I, 2007 and September 2, 2008 no less than 19 articles about the RLSA and the Committec's meetings. No person from Naples Cultural Landscape has stepped forward prior to September 30, 2008 and asked to be on the email participation list [50+] nor contacted current staff assigned to the Committee. As stated earlier, the Collier County RLSA does NOT come under the Florida Statutes and, as such, will not come under the proposed 9J-5-026 [which is only in the rulemaking process at this time according to Robert Pennock of the DCA by telephone on October 8, 2008] 6. Comments. questions, sUl!l!estions on soecific oolicies listed on oal!es 5. 6, and 7. IF the Committee decides to go back at this time to address each of the 15 NCL Policy-specific comments, questions, and suggestions in the same open public manner as those already acted upon by the Committee beginning on April 1, the completion of the Phase 2 Report would be delaved bv a vet to be determined amount of time. lV. RECOMMENDATION The Committee has at least two options with respect to the NCL materials received on October 7: (I) proceed to review the fifteen [15] separate Policies listed in the October 7 NCL presentation and provide open public responses in the same open public manner as those already acted upon by the Committee, or (2) receive and include the NCL materials as an Appendix in the Phase 2 Report in a fashion similar to that of other received documents. IF the Committee selects Option 2, the NCL will have the opportunity to provide public input during the Environmental Advisory Council, Planning Commission and Board of County Commissioners public vetting of the Phase 2 Report as well as during hearings related to future RLSA Overlay Growth Management Plan Amendments. Attached: Naples Cultural Landscape October 7, 2008 Requests of the RLSA Review Committee 21Page 1611 A13 Naples Cultural Landscape 2400 Tamiami Trail N - Suite 300 Naples, Florida 34103 239.594.29780 239.261.6664 F www.naDlesbackvardhsitorv.or!! To: C.D.E.S. Division Joseph Schmit, Division Administrator- From: Naples Cultural Landscape: A Fund at the Community Foundation of Collier Couuty Lavern Norris Gaynor, Founder; Lois A Bolin, Ph.D., Strategic Advisor Date: October 7, 2008 Re: Requests to the R.L.S.A. Review Committee Statement: Under the direction of the Dept. of Community Affairs a program was started and irnplemented under Florida Statute 9J-S.026 entitled the Rural Lands Stewardship Area (R.L.S.A.). On the first page of that programs texts Item # I states- the: Purposes of the R.L.S.A. Program and Item # 2 states the Purpose of the R.L.S.A. Rule. Under the Standard Option of those purposes # 8 Section B states as Itern # I : Identify and explain the existing locally specific rural character of the R.L.S.A. and surrounding area by analyzing its characteristics, including Land use, Development Patterns, and Economic, Social, Cultural. Historic, Scenic, Landscape, Recreational and Environmental Elernents. The data and analysis shall include under: Section # 2 Item-I: All forms of rural resource values including Agriculture; Environmental, Eco Systems, Wildlife Habitat, and Water Resources; Recreational, Tourism, Scenic; Cultural. and other general arnenity Values. Statement: Under the Special Option for R.L.S.A. of 50,000 or more Contiguous Acres - Section 7 Item B, Goals and Objective, and Policies - # E, states; A visionarv Process to provide public participation in the design of any new town or Rural Village. Under the same section -B, Goals and Objectives, B- Item 10 states; The recording of a Stewardship easement or Restrictive covenant running with the land in Perpetuity on all designated Conservation and Agricultural areas in favor of the Countv, the Dept. of Environmental Protection, and the Dept. of Agriculture and Consumer Services. Interpretation; It is with the above statements that the Naples Cultural Landscape, a Fund of the Community Foundation of Collier County, a 501 (C)(3) non for profit organization along with the support of various other non for profit organizations mostly representing the general charters of Historical Societies which encompass the policies of Documenting, Recording, Archiving, and Interpreting to the general public all areas pertaining to the past Historical and Cultural themes represented in the past History and Heritage of Collier County that we do hereby request these additions and lor revisions be reviewed and entered where possible into the R.L.S.A.O. policies presently being amended and drafted by the various committees. I 16'1~I3 The Historical and Cultural aspects of Collier County's past during the establishment of the first Rural Lands Stewardship Area committee's rneetings, plans, and discussions that took place in early 1999 through 2002 unfortunately were not addressed in any way. This was due to the fact that an accurate Historical and Cultural Resource Assessment had not been cornpleted and in essence, had not even been started until 2003. It has taken over 5 years to complete the study and it was realized that any plans that were being discussed in the new R.S.L.A.O. reviews should include the information that was found in the study, but more important during that time a plan had been conceived that could incorporate the objectives and Goals that the present R.L.S.A.O. committee's and interested parties, most notably landowners, developers, planners, cconomic advisors, tourism concerns, transportation concerns, and more irnportantly as these meetings that have been going on for many years the concerns about the Florida Panthers and wide variety of other wildlife that would in the end some how incorporate the rich Historical and Cultural past of Collier County. On the surface this would seem an Utopian ideal until you realize the fact that according to the Department of State, Division of Historical Resources states that in 2007 tourists brought into Florida over 4.7 Billion dollars, 763 million of that went directly to South Florida with 49 (percent) directly attributable to people who sought out in their specific destinations areas that had Historical sites and places. This is a 60% increase over the last 4 years and those figures are expected to double in the next 5 years and exponentially thereafter. Taken with the fact that one organization and (there are over a half a dozen more) The Florida Communities Trust allocated 73 million dollars last year to projects that secured Stewardship Credits, purchased land for Preserves, Parks, Wildlife Habitat, Green Space, as well as Cultural and Historical Preservation. As secretary of the Dept. of Community Affairs Torn Pelham said "Over the past 17 years, these awards will help communities achieve their vision of Stronger, Greener and Healthier landscapes". As it is spoken of in the Historical and Cultural study over 80% of Collier Counties land has transitioned from the hands of the Landowners and Collier County Government into private State and Federal entities in the last 34 years. This leaves the remaining 20% available for practical use by the County and landowners in the near future. This displays the sirnple fact that in the final phases of build-out the County, Landowners, Planners, Comrnittee Members, and other organizations are to paraphrase the saying' Trying to describe an Elephant just by its head '. Understanding that since the inception of the Everglades National Park was established in 1947 and other 4 State and Federal preserves established since have implernented only policies that rnainly address Biological concerns. The Hurnan element has taken a back seat as can be seen in the fact that that with over I million acres under the different park management systerns in the last 61 years, not one site located on these lands has been registered on the National Register of Historic Places where the public can have access to today and enjoy. In the final phases of this visioning process it becomes apparent that if the goals and objectives to "connect the dots" do not find their fulcrum point the visions so earnestly sought will be like clouds without water. If the only Goal is to build houses and communities without incorporating the past History and Cultures that S.W. Florida has always had an association with the uniqueness that can so easily be applied simply leaves way to "offering nothing rnore than any other cornmunity. It goes without saying that hundreds of thousand of hours labor are going into the planning stages and untold millions of dollars have been and are being utilized to apply strategies that in the end will tie into and apply to the final 'Horizon Picture' it would be constructive to pause and remember that old and well applied adage "That a million rnonkey's typing on a million typewriters for a million years will never be able to write a Shakesperian play" To simply rely on the phrase - If you build it they will corne also should have the caveat added - They will ifthere is sornething to come to. To speak only of Natural Resources and their future conservation as only a biological consideration in this County and not recognize that the Historical and Cultural Heritage of the past residents is one of the most important ingredients in that term referred to as Natural Resources. 2 161l~ A13 Therefore the Goals and Objectives proposed by the Naples Cultural Landscape organization in conjunction with other interested parties and organizations collectively speaking on the Historical and Cultural Heritage policies that make up the largest part of these organizations goals state and seek to initiate: 1. Stop the de-designation process that removed the Historic and Cultural attributes of u.s. 41 (Tarniami Trail) and is currently in the process of removing; A. The 1988 designation of the trail by the State as a- Florida Scenic Highway B. The 2000 designation of the trail by the Federal Government as a- National Scenic Byway 2. Installation of Historical Markers and Interpretive Centers and/or Kiosks along the entire distance of U.S. 41 (Tamiarni Trail) stretching from the City of Naples to the Dade County border that will represent Collier County's past History and Cultural Heritage. This will direct tourisrn and interest from the east coast and west coast sections that will culminate on Highway # 29. 3. Installation of Historical Markers and Interpretive Centers andlor Kiosks along the entire distance of Highway # 29 from the south on U.S. 41 north to Immokalee City that will represent the Collier County's past History and Cultural Heritage as it relates to the past; A. Historic lurnber towns, Settlements, Farming towns, Oil producing towns [Sunniland], First Collier County Citrus producing groves, The first Collier County Citrus Carming plant, the first Railroad in Collier County both passenger and cornmercial [Deep Lake ]-Since Deep Lake is one of only 5 sinkhole lakes in Florida and has freshwater on its first layer and saltwater on its lower layer with a resident population of Alligators and Crocodiles living together it would be expected to draw over I million visitors a year. B. Seeking cooperation to open Deep Lake to the general public as it was for the first 106 years of its operation [not currently open to the general public] and having a boardwalk installed. C. Seeking cooperation to turn the now presently closed Old Copeland Prison into a Pioneer Museum [This will involve seeking the N.P.S. to return the # I Lee Tidewater Cypress Company steam train that is presently in the Steamtown Collection in Scranton Pennsylvania] This will have a positive flow on all visitors and tourists and seek to draw them to the new Developrnent taking place in the R.L.S.A. area and Immokalee City area. 4. Seek cooperation from landowners to Register Fort Simon Drum-[a known and monumented site by David Graham Copeland in 1941]. This site is presently 6 miles east ofImmokalee City one half rnile south of Immokalee Road and would be just on the east side of the new proposed bypass road that will connect to the road north oflmmokalee City. The Fort Simon Drum site is an early Army Seminole War fortification and is the only kno~n site of a rnilitary installation in South West Florida South of the Caloosahatchee River and it is expected that it would draw over 2 million visitors and tourists a year. 5. Seek cooperation with landowners and developers to have Historical Markers or Kiosks interpreting Collier County's past Historical and Cultural Heritage displayed placed at designated parks and open green spaces in the future planned developrnents. One example of the benefits of such a cooperative agreement is the fact that in 2002 prior to development at the Ave Maria first phase site an expensive Archaeological Survey was required by the State to try to locate a past Historic site which the owners thought at that time to be the location of Fort Doane an early Army Seminole War, fortification site. The investigation was done and the required paperwork was completed allowing the continuation of development. This resulted in a coordinated effort on the part of several research centers to try to accurately identify the previously rnentioned site. 3 1611 A13 This in turn led to the eventual recording of 9 more sites in the area on 09109/2008- State File Survey #15576 thereby requiring an additional nine more Archaeological investigative studies being required before development could proceed at any of those locations in and around the Phase 2 area and the proposed Big Cypress Development, with at least 3 ofthose new sites in the northern part of the R.L.S.A. This process has been described as a cycle that continually [feeds on itself] Furthermore it was discovered that the correct name of the supposed Fort Doane site had already been previously recorded as the site of Camp Keais and an Archaeological survey might have been avoided. The original form has now been updated on the Florida Master Site Files to indicate this name change. This is a clear case of how cooperation between parties would have been beneficial in concrete financial ways. As it is expected that at least 20-30 possible new locations involving Historical Resources in the northern area of the R.L.S.A. and the high probability that 5 or more ofthose sites have to do with Native American Sacred Sites [Federal] it financially behooves all landowners, developers, and researchers to try to cooperate on any obstacles that would impede any part of the new and growing vision. One of the proposed solutions would be to bypass the past processes that are costly and paper riddled on each end and just agreeing to incorporate a basic preset number of interpretive markers or Kiosks in any ofthe proposed Towns, Villages, or Hamlets in any the public greenways or parks. This would serve to display the past History and Culture of the county. This in effect is a visionary way in which cooperation can enhance the value and desirability of any proposed community and fits well with the rural character these new homes seek to display. As the Collier County Museum already has the equipment to make these markers there would be minimal costs associated with such a plan. 6. Seek to establish at a rninimurn one continuous Historical and Cultural Heritage Trail unimpeded and without any Conservation easement restrictions that stretches from the eastern corridor of the R.L.S.A. to the western corridor of the proposed R.L.S.A. 7. Seek to establish at a minimum one continuous Historical and Cultural Heritage Trail unirnpeded and without any Conservation easement restrictions that stretches from the southern corridor of the R.L.S.A. to the northern corridor ofthe proposed R.L.S.A. STATEMENT: Although it is understood that that many of the Environmental, Wildlife, and other numerous agencies including those that have to do with representing the Natural Resources and Endangered Species legislation have been working on policies that directly and indirectly have relation to the present R.L.S.A. Processes, Goals, and Objectives, that were started in 1999 and have now been continuing until the present time in 2008, on behalf of the people and organizations that were not included [up to speed] in regards to the Historical and Cultural ideals that the original provisions that were envisioned when the Purpose of the Rules found in D.C.A.s. guidelines came to public attention and speaking on behalf of those interests now found in the capacity of being a representative of those voices would ask that a srnall amount of extra time be given to the following statements which rnost display our unified concerns. A. That it be recognized that an accurate and up to date Historical and Cultural Resource study has never been conducted in Collier County since its inception in 1923 until it was presented to committee rnernbers on September 30, 2008. B. That a total of 9 new Historical sites comprising a 166 year total span of a timeline of Collier County's past has been for the first time accepted by the State of Florida 32 days ago. · This should be accepted as a good faith effort considering these items were presented to this committee being specifically mentioned- Purposes of rules of the D.C.A. Objectives and Goals- 4 16 I 1 ~ 1'1,. '7 ) ~,'c. ~>.., # 1- Standard Options and # 2 Special Options relating to Historical and Cultural values. Therefore having established the items found on these pages 2,3, and 4 the following comments are added for the review now taking place on October 7, 9 am. Room 609, on Policy 5, however please find other comments on policies that may also apply to the present rneeting but nevertheless need to be entered into the appropriate sections for public cornrnent for those specific policies when the committee has the tirne. Policy 5.4 No right of way to be relinquished by the County for Panther crossings on anywhere on highway # 29 if crossings block way of known Historical sites. As there are a preponderance of past known sites starting at U.S. 41 and heading north to just south ofImmokalee City totaling 10- they are protected under the F.D.O.T. Cultural Resource book- 200S Fla. Statutes Title IS-Public Lands and Property -Chapter 267 Historical Resources 267.021- (3) "Historic Property" or "Historic Resource" means any Prehistoric or Historic District, site, building, object or other real or personal property of Historical, Architectural value and Folklife resources. These properties or resources may include but are not limited to, Monuments, Memorials, Indian Habitations, Ceremonial Sites, Abandoned Settlements, Sunken Ships, Engineering Works, Treasure Trove, Artifacts, or other objects with Historical or Archaeological Value, or any part thereof relating to the History, Governrnent and Culture of the State. 267.021-(4) Preservation or Historic Preservation means Identification, Evaluation, Re-documentation, Analvsis, Recoverv. Interpretation. ? Has F.L.D.O.T. complied with Public Law 89-665, as amended regulations (36 CFR Part 800-revised 1/11/01 Executive Order 11593 Chapter 267 (F.S. Revised 2001), N.E.P.A. 91-190, D.O.T.A. ACT 1966 Public Law 89- 670 I. For all Phases of work on Highway # 29 2. For all Phases of work on Oil Well Road 3. For all Phases of work on # 846 4. For all Phases of work on Camp Keais Road 5. For preliminary plans on # 29 Bypass Road 6. For all Phases of work on # 858 Policy 1.2 Clarify how R.L.S.A.O. interacts with the Florida Greenway and Trails Act - 200S Fla. Statutes title IS Chapter 260 -260.012 Item I and 2, 3B, and 6-A,D,E,F [Naples Cultural Landscape] Policy 1.6 No emphasis is put on the Historical Transportation Routes from the south to the north or the west to the east in the present SSAs. [Naples Cultural Landscape] Policy 1.7 Historical Interpretation markers, Kiosks, and Cultural Heritage should be allowed to be built south of Oil Well Road and should have road access planned for them. [Naples Cultural Landscape] Review easernent language and policies to prevent F.W.C. from holding all easernents. All easements should go to the County for the Cultural and Heritage Trail. [Naples Cultural Landscape] 5 1611 A13 Stewardship easernents should be held by private entities -Florida Community Trust provided 630 million dollars between 2007 and 2008 and have encouraged and fostered public and private partnerships. [Naples Cultural Landscape] S.S.A. Credit agreements should include the Department ofComrnunity Affairs and Florida Forever programs as the signatories. [Naples Cultural Landscape] Policy 1.11 Do not remove all the layers in the rnatrix until a Historic and Cultural study has been done to see how the past pioneers used the Natural Resources of the land. If a critical layer is removed in respect to a Historic or Cultural site all future uses and activities in that layer are eliminated forever [Naples Cultural Landscape] Policy 1.12 Presently only credits for S.R.A. can be transferred for lands that meet the defined Suitability Standard in the R.L.S.A. for S.R.A.s but language needs to be established to encompass criteria for Historic and past Cultural sites. [Naples Cultural Landscape] Policy 1.13 Do the procedures for the transfer of credits include language for Historical or Cultural Resources since Stewardship credits do not require any G.M.P. amendments. [Naples Cultural Landscape] Policy 1.18 Have any studies been implemented to see where the highest ground available can be used for the Historical or Cultural Heritage Trail and will it have a high enough ground elevation so that it will not be prone to flooding? [Naples Cultural Landscape] Policy 1.20 Is there a provision or a percentage allocated for any educational programs that interpret to the public any part of a Historical or Culturally related theme in the Trust. Are there any incentives to owners to sell Credits that will go for any programs that have to do with the county's past history? [Naples Cultural Landscape] Policy 4.7.1 If towns are described as having "Individual Identitv and Character" to what extent will the interpretation in the community parks allow for Historic or Cultural values and is there a certain percentage in space or funds allocated in the plans or designs and what will the towns display or incorporate to educate the public about the county's Cultural past. [Naples Cultural Landscape] Policy 4.7.2 If villages have "Character" scaled to each particular village to what extent does this parallel extend to in the parks and Green Spaces on a Historical level and what association does this have with the past Cultural Heritage of the past srnall towns of Collier County [Naples Cultural Landscape] Policy 4.7.3 To what extent will the communities in the Hamlets contribute to the Historical and Cultural values that were a past part of the county's History and how will this be reflected in their Public Green Spaces [Naples Cultural Landscape] 6 161 fl A13 Policy 4. 9 Public access should be allowed on all right of ways, Stewardship easements or Conservation easements in any area of land that is rated in an A.N.R.I. index of 1.2 or higher. By restricting any Greenways or Buffer Zones, the Historical aspect and in particular the Cultural and scenic resources of the land will not allow for full enjoyment of any future proposed Historical and Cultural Heritage trail and will limit Eco Tourism to unsatisfying scenic endeavors. Since there is only 2 % oflands that will quality for a 1.2 or higher rating, the absolute best lands must be used on the Trail and an exception in the policy should be rnade as it will be the county's only chance to interpret to the public the best in the scenic beauty the county has to offer now and in the future. [Naples Cultural Landscape] Policy 4.11 Where existing Agriculture activity joins a S.R.A. the design of the S.R.A. should not have more than two geographical sides connecting either in tandem or on opposite sides that will impede any recreation/open space for a better possibility of having a more pleasing environment. [Naples Cultural Landscape] Policy 4.20 For clarification all language spoken of as "Public Benefit" should include whether this should mean to also be interpreted as public access. [Naples Cultural Landscape] How do you quantify a percentage of "Public Benefit" relating to Towns, Villages, and Hamlets, and is there a certain portion of "Public Benefit" that displays in any relevant way a reflection of any part of Collier County's past Culture or Heritage. [Naples Cultural Landscape] 7 16111\1.5 3~o~/ ;;="ropOSl""'r(_ G-~JJJ92 r/e.-fr.e-~ =r\ /O/fC/-/qS7 Policy 5.1 To protect water quality and quantity and maintenance of the natural water regime in areas mapped as FSAs and lands described in Policv 3 12 surroundinll the Caron Keais Strand and Okaloacoochee Slouifh on the Overlay Map prior to the time that they are designated as SSAs under the Stewardship Credit Program. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and Recreational Uses (layers 1-4) as listed in the Matrix shall be eliminated in FSAs and lands described in Policv 3.12. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with a Natural Resource Stewardship Index value of l.2 or less. Where practicable, directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil or gas extraction in FSAs in order to minimize impacts to native habitats. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a free or lesser interest in the land, shall constitute compensation for the loss of these rights. Policy 5.4 Collier County will coordinate with appropriate State and Federal agencies concerning the provision of wildlife crossings at locations determined to be appropriate. A man of these crossin2 locations will be develaned bv Januarv 2010 and used in evaluatin2 cornmunitv and transoortatian nlannin~ far the RLSA. Policy 5.5 For those lands that are not voluntarily included in the Rural Lands Stewardship program, non- agricultural development, excluding individual single family residences, shall be directed away from the listed species and their habitats by complying with the following guidelines and standards: I. A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Conunission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notifY the PFWCC and USFWS of the existence of any listed species that may be discovered. No local oermits shall be issued until necessary state and federal oennits have been obtained. 2. Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site is capable of supporting wildlife and can be anticipated to be occupied by listed species. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. a. Management plans shall incorporate proper techniques to protect listed species and their habitats from the negative impacts of proposed development. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife conidors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. i. The following references shall be used, as appropriate, to prepare the required management plans: 1. South Florida Multi-Species Recovery Plan, USFWS, 1999. 2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region, USFWS, 1987. . 16/1 3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale Development in Florida, Tedmical Report No.4, Florida Game and Fresh Water Fish Commission, 1987. 4. Ecology and Development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. 5. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale Development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. II. The County shall consider any other techniques recommended by the USFWS and FFWCC, subject to the provision of paragraph 3 oftrus policy. iii. When listed species are directly observed on site or indicated by evidence, such as denning, foraging, or other indications, a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes. The County shall also consider the recommendation of other agencies, subject to the provisions of paragraph 3 of this policy. b. For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given to protecting the largest most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adjacent gopher tortoise preserves. c. Habitat preservation for the Florida scrub jay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. The required management plan shall also provide for a maintenance program and specifY an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi~Species Recovery Plan, May 1999, subject to the provisions of paragraph (3) of this policy. d. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan, May 1999, subject to the provisions of paragraph (3) of this policy. e. For the red-cockaded woodpecker lpJf.icoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall he taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provision of paragraph 3) oftrus policy. f. In areas where the Florida black bear (Ursus americanus tloridanus) may be present, the management plans shall require that garbage he placed in bear- proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. A13 g. For projects located in Priority I or Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concoIor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood harrunocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golef courses within the Rural Lands Area shall be designed and managed using standards found within this Overlay. The management plans shall identify appropriate lighting controls for these permitted uses and shall also address the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetation communities and provide browse for white~tailed deer. These requirements shall be consistent with the U,SFWS South Florida Multi-Species Recover Plan, May 1999, subject to the provisions of paragraph (3) oftrus policy. The Multi. Snecies Recoverv Plan (1999) shall constitute minimum wildlife nrotection standards for the RLSAO. h. The Management Plans shall contain a monitoring program for developments greater than 10 acres. 3. The County shall, consistent with applicable policies oftrus Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recorrunendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species~. or listed sDecies habitat canable of suooortinll wildlife and can be anticinated to be occuoied by listed ~ It is recognized that these agency recommendations, on a case by case basis, may efteftgestremrthen the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. However no relaxation of these wildlife nrotection oolicies will be considered. Policv 5.6 _ Any develooment on lands not narticioatim~: in the RLSA PrOl1Tam will not be included in anv Dossible Habitat Conservation Plan Conservation Allreement or other federal eauivalent under the Endanll:ered Suedes Act in the RLSA. and are reauired to oursue aoorooriate oennittim! and mitill3tion throullh the Florida Fish and Wildlife Conservation Commission and US Fish and Wildlife Service. No countv deyelooment authorization shall be issued until a USFWS ESA Section 7 or 10 authorization is issued or deemed unecessarv for the DroDosed develooment. [** For Policy 5.16 (wetlands protections), I would like to revise the numerous references to WRAP (delete) and use UMAM as the functional evaluation standard. I also suggest adding a policy disallowing exotics removal counting at all as wetland impact mitigation (5.6.3.f. - add a new "iv".) Finally, I would like to add incentives to restore wetlands and habitat through non- RLSA tools, like Farm Bill easements, grants, tax benefit programs, etc.] 161 'I A13 I Formatted: Font: 14 pt, Bold l Formatted: Indent: left: D", First line: 0" Formatted: Left, Indent: Left: D", First line: 0" 161lA13 Policy 5.1e For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: 1. There are two (2) major wetlands systems within the RLSA, Camp Keals, Strand and the OkaJoacoochee Slough. These two systems have been mapped and are designated as FSA '5. Policy 5. I prohibits certain uses within the FSA '5, thus preserving and protecting the wetlands functions within those wetland systems. 2. The other significant wetlands within the RLSA are WRA's as described in Policy 3,3,These areas are protected by existing SFWMD wetlands pennits for each area. 3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site clearing and alteration limitations, nonpenneable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the followmg criteria: i. The acreage requirements specified within this Overlay shall be met by preserving ","etlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph b of this policy. The vegetative preservation requirements imposed by Policies 5.3 and 5.5 shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7, or greater. Within one year from the effective date of this Amendment, the County shall develop specific criteria in the LDC to be used to detennine those instances in which wetlands with a WRAP functionality assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7, or greater must be preserved in excess of the preservation required by Poticy 5.3. ii. Wetlands utilized by listed species or serving as corridors for the movement of listed species shall be preserved on site. Wetland flowway functions through the project shall be maintained. iii. Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely change the hydoperiod of preserved wetlands on or ofTsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6,11 and 6.12 of SFWMD's Basis of Review, January 2001. Upland vegetative communities may be utilized to meet the vegetative, open space and site preservation requirements of this Overlay when the wetland functional assessment score is less than 0.65. b. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg-OOI, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C. Chapter 62-345. The applicant shall submit to County staff agency~accepted WRAP scores, or Unifonn Wetlands Mitigation Assessment scores. County staff shall review tms functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands accordmg to the requirements found in paragraph 3 above. c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (f) of this policy. d. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. e. The County shall separate preserved wetlands from other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer abutting a natural water body, and for other wetlands a minimum 25- foot vegetated upland buffer abutting the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required abutting wetlands where direct impacts are allows ed. Wetland buffers shall confonn to the following standards: i. The buffer shall be measured landward from the approved jurisdictional line. II. The buffer zone shall consist of preserved native vegetation. Where natIve vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. iii. The buffer shall be maintained free of Category J invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. iv. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (J) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. v. A structural buffer may consist of a stem-wall, berm, or vegetative hedge with suitable fencing. f. Mitigation shall be required for direct impacts to wetland in order to result in no net loss of wetland functions. Mitigation Requirements: i. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's. ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or abutting the impacted wetland. iii. Protection shall be provided for preserved or created wetland or upland vegetative conununities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. 16/1A13 16/1 A13 iv. Under no circumstances will exotics removal or maintenance be considered acccDtable miti28tion for the loss of wetlands or listed sDecies habitat. Wy. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (f) i, ii, and iii of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also he depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and shall not include any other activities that are detrimental to drainage, flood, control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. 4. All landowners shall be encoura2ed to consider particioatimz in any Of02Tams that orovide incentives fundim! or other assistance in facilitatiml wetland and habitat restoration on orivate lands. includiml but not limited to federal fann bill amicultural conservation oro~ams nnvate or Dublic Ilnlnts. tax incentives. easements and fee or less than fee sale to conservation orollrams. Policv 5.8 Anv develonment on lands not narticinatiml in the RLS nr02fam shall be reauired to assure comnatibilitv with surroundi",f land uses. Outdoor lig:htiDll shall be reasonablv manaaed to nrotect the nig:httime environment. conserve enerllV. and enhance safetY and security. Other comoatibility elements to be addressed include but are not limited to aooronriate buffers. smoke easements and arncultural neilzhbor am-eements. { formatted: Font 14 pt, Bold FIala ~P/~ Hatas ~lt/!f ~!- A~' '~E.-IVED Henning . 16 I 1 ~'#,.. ,- Coyle \./ .. .' . , CO':~NlH~;' OF ~~E MEETING OF THE COLLIER COUNTY RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE Community Development and Environmental Services [CDES] Building; 2800 North Horseshoe Drive, Rooms 609/610, Naples, Florida, 34104; October 28,2008 LET IT BE REMEMBERED, that the Collier County Rural Lands Stewardship Area Review 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 CDES Building, Rooms 609/610 2800 North Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN, Ron Hamel VICE CHAIRMAN: Neno Spagna Brad Cornell Gary Eidson Bill McDaniel Dave Wolfley Tom Jones Tamrnie Nemecek Floyd Crews ALSO PRESENT: CDES staff members Thomas Greenwood, David Weeks, and Mike DeRuntz of the Comprehensive Planning Department and Jeff Wright of the Assistant County Attorney's Office as well as approximately 15 members of the public. 1. Call Meeting to Order The meeting was called to order at 9:05AM by Chairman Ron Hamel. II. Roll Call Roll call was taken, and a quorum was established as 9 of 12 members were present, with Jim Howard absent and Fred N. Thomas, Jr. and David Farmer having excused absences. III. Approval of Agenda Neno Spagna moved to approve the agenda as presented and seconded by Bill McDaniel. Voice Vote - Unanimously approved IV. Approval of Minutes of the October 14, 2008 Meeting Mr.Spagna moved and Mr. McDaniel seconded to approve the minutes as distributed. Upon vote, the motion carried unanimously. V. Presentations. VI. Old Business A. Discussion of logistics and alternative calendars for Committee Phase 2 Report. I. Current Project Management Plan alternative for Phase 2 Report. Torn Greenwood presented the attached Proj ect Management Plan-based revised Phase 2 Report Schedule which calls for the Phase 2 Report to go to the EAC and CCPC prior to gE ~BCC IIPage Dale: Item': Copies.~~.____.._.______. 16tl A13 with the tentative schedule to the EAC on February 4, the CCPC on March 16 and 17, and the BCC on April 7 or 8, 2009 and then proceed with the Growth Management Plan amendments if directed by the BCC. 2. Alternative Schedule for Phase 2 Report. Al Reynolds with Wilson Miller presented the attached memo dated October 22, 200S and submitted to the Committee and participants on October 27'h which proposes a January 13 presentation to the BCC asking authorization to initiate a Growth Management Plan Amendment (GMPA) Special Cycle for the RLSA GMPA; a GMPA transmittal hearing before the EAC on February 4; a March 5 GMPA transmittal hearing before the CCPC; and a April 7, 2009 GMP A transmittal hearing before the BCC. Mr. McDaniel moved and Mr. Jones seconded to approve the alternative schedule and to go directly to the BCC to request a special GMP A Cycle to adopt the proposed RLSA Plan changes. Upon vote, the motion carried unanimously. Discussion prior to above vote: Al Reynolds stated that the Committee has met 24 times since November, 2007; that waiting until 2011 for a RLSA Overlay GMP amendment is too long; that Wilson Miller is working on data and analysis, but needs some clear direction from the BCC on timing for the GMP amendments for the RLSA Overlay; and that much of the work to support the GMP A involving the RLSA Overlay has already been done by the Committee. Brad Cornell stated that the RLSA Overlay is receiving statewide scrutiny and we need to do it right. He stated that he had seen Nick Penniman's attached comments. Mr. Comell suggested that the Phase 2 Report be presented to the EAC, CCPC and the BCC prior to the transmittal hearings. He stated that the BCC should not be asked to approve the report, but to accept it and provide further direction with respect to authorizing a special GMP A cycle just for the RLSA Overlay. Dave Wolfley stated that the executive summary should clearly indicate that the Committee is not asking BCC approval of the report, but to authorize a special GMP amendment cycle for the RLSA Overlay with the submittal of the Phase 2 Report to the EAC and CCPC prior to the time of the transmittal hearings. Mr. Cornell moved and Mr. Eidson seconded to submit the Phase 2 Report to EAC, CCPC and BCC for their review at the time of the GMP A transmittal hearings. Mr. Cornell stated that he would like to see the EAC, CCPC and BCC see the Phase 2 Report prior to the GMPA adoption hearings. Upon vote, the motion carried 8-1 with Mr. Wolfley voting in opposition. Discussion prior to above vote: Ms. Nemecek stated that the Phase 2 Report needs to go to the BCC directly for further direction and authorization so that the work of the Committee since November, 2007 is recognized and that it can go into the GMP amendment process as soon as possible. Nicole Ryan stated that the Phase I Report and Phase 2 Report both have a purpose and that she supports following the current Proj ect Management Plan in that it is what has been expected by the EAC, CCPC and BCC all along and that a thorough review of the report prior to transmittal hearings is appropriate. Judy Hushon of the EAC stated that the EAC expectation is that the Phase 2 Report would corne before it just like the Phase I Report did and supports the use of the schedule developed using the current project management plan. William Hughes, chairman of the EAC, stated that the public perception of the entire RLSA Overlay review process may be tainted by not following the established procedure in the proj ect management plan. Nancy Payton stated that schedule change is a way of expediting the process, eliminating special extra long meetings to review the Phase 2 Report by the EAC, CCPC, and BCC, and that the content of the Executive Summary transmitting the Phase 2 Report to the BCC will be important and that she favors the use of the expedited schedule. Rus.,ell Priddy stated that he supports the expedited way of presenting the Committee's recommendations to the BCC and asking for GMPA authorization. 2lPage 1611 A13 Mr. Jones stated that it is important to note that the EAC and CCPC will not be bypassed with the Phase 2 Report and that it will be made a part of the RLSA Overlay GMP A transmittal hearings. Mr. Jones requested staff to have a draft Executive Summary for Committee review during its November 10lh meeting. B. Phase 2...Review of Group I-Group 5 Policies of the Rural Lands Stewardship Overlay, including issues, concerns, and questions. 1. Policies 1.6 and 1.7 Policy 1.6 Stewardship Credits (Credits) are created from any lands within the RLSA that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which acknowledges the property owner's request for such designation and assigns Stewardship Credits or other compensation to the owner for such designation. Collier County will update the Overlay Map to delineate the boundaries of each approved SSA. Designation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. A Stewardship Sending Area Credit Agreement shall be developed that identifies those allowable residential densities and other land uses which remain. Once land is designated as a SSA and Credits or other compensation is granted to the owner, no increase in density or additional uses unspecified in the Stewardship Sending Area Credit Agreement shall be allowed on such property unless the SSA is terminated as provided elsewhere herein. Policv 1.6.1 Notwithstandinll any orovision herein to the contrary. upon initial aooroval of a Stewardshio SendioQ Area ("SSA"). the Stewardship Easement shall be established for a term of five vears ("Conditional Period") and shall be deemed a Conditional Stewardship Easement. The Conditional Period mav be extended for one additional vear at the option of the owner bv providin~ written notice to the Countv prior to the expiration of the initial five vear period. All conditions and restrictions of the Stewardship Easement related to maintaininll the existinl! property conditions. includinll all manallement obligations of the owner of the SSA lands. shall be in full force throughout the Conditional Period. If at anv time during the Conditional Period anv of the following events occur. then the Conditional Stewardship Easement shall become a Permanent Stewardship Easement which shall be final. perpetual and non-revocable in accordance with the terms set forth therein: 1. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship Receiving Area ("SRA"). and the SRA has received all necessarv final and non-appealable develooment orders. oermits. or other discretionary aporovals necessary to commence construction. including subdivision plat and site development plan approval. but not buildin~ permits. If Stewardship Credits from the SSA have been assigned to more than one SRA. then the receipt of all necessary governmental final and non-aooealable develooment orders. oermits. or other discretionary aoorovals necessary to commence construction of any 8RA shall automatically cause the Conditional Stewardship Easement to become a Permanent Stewardship Easement: 2. The owner of the SSA lands has sold or transferred anv StewardshiD Credits to another person or entitv. including a Stewardship Credit Trust as described in Policv 1.20. the closing has occurred. 31Page 1611 A13 and the owner has received the consideration due from such sale or transfer. but not expresslv excluding: (a) a sale or transfer of the Stewardship Credits ancillarv to the sale or transfer of the underlying fee title to the land. or (b) instances where a landowner establishes an SSA for a specific SRA. whether the SRA is owned or developed bv a separate or related entitv. and the Stewardship Credits are transferred as required bv the Growth Management Plan or Land Development Code for SRA approval: or 3. The owner of the SSA lands has received in exchange for the creation of the Stewardship Easement Am-cement other comoensation from local. state. federal or orivate revenues (collectivelv. the "Events"). The LDC shall specifv how. assuming a Notice of Termination (as hereafter described) has not been recorded. the Conditional Stewardship Easement shall automaticallv convert to a Permanent Stewardship Easement upon the earliest to occur of (a) anv of the foregoing Events during the Conditional Period. or (b) 180 davs after the last dav of the Conditional Period. as and to the extent extended hereunder. In the event that none of the foregoing events has occurred during the Conditional Period. then the owner of the SSA lands mav within 180 davs after the last dav of the Conditional Period terminate the Conditional Stewardship Easement bv recording a Notice of Termination. In addition. if a challenge and/or appeal of a necessarv development order. permit or other discretionarv approval is filed. the owner of the SSA lands mav elect to extend the Conditional Period until the challenge or appeal is finallv resolved. If the challenge or appeal is not resolved such that the construction mav commence under terms acceptable to the owner of the SSA lands. the owner of the SSA lands mav within 180 davs of the final disposition of the challenge or appeal record a Notice of Termination. Upon the recording of such Notice of Termination. the Stewardship Easement Agreement and corresponding Stewardship Sending Area Credit Agreement shall expire and terminate. the Stewardship Credits generated bv the SSA shall cease to exist. the rights and obligations set forth in the Stewardship Easement shall no longer constitute an encumbrance on the propertv. and the SSA Memorandum shall be revised accordinglv. The owner of the SSA lands shall provide a CODV of the Notice of Termination to the County. In the event that the Stewardship Credits from an SSA have been used to obtain one or more SRA approvals. but none of the foregoing events has occurred during the Conditional Period. then the Notice of Termination shall also provide for termination of anv SRAs that have been assigned credits from the SSA. unless the SRA owner has obtained sufficient Stewardship Credits from another source and such Stewardship Credits have been applied to the SRA. In the event that a Notice of Termination does terminate an SRA. the owner of the SRA lands shall ioin in the Notice of Termination. In the event that a Conditional Stewardship Easement is terminated. all benefits. rights. privileges. restrictions and obligations associated with the SSA shall be null and void. and the land shall revert to its underlying zoninll classification. free and clear of any encumbrance from the Conditional Stewardship Easement and SSA Credit Agreement. If requested bv the owner of the SSA lands. Collier Countv and the other grantees under the Stewardship Easement Agreement shall orovide a written release and termination of easement and credit acreements for recordinll in the public records within 15 davs of request from the owner of the SSA lands. Collier County shall update the overlav map to reflect the termination of anv SSA or SRA. This policv shall be implemented in the LDC within 12 months after adoption hereof. 41Page 1 1611 Public Input: I. SSA's can be created in a non-contiguous and piece meal fashion, thus assuring no functionality of wetland land mass. Even though to date that has not been the case, we should consider language that encourages contiguous SSA's. [Mark Strain] 2. No emphasis is put on trying to avoid fragmentation of natural areas and the maintenance of corridors. [Judith Hnshon) ECPO Comments: While it is true that individual SSAs can be non-contiguous, the ultimate implementation of the RLSA creates two large interconnected environmental systems. It is understood that this will take many years and the voluntary participation of many landowners to realize. Map "IE" of the RLSA Five-Year Review, Phase I Technical Report clearly demonstrates that the approved and pending SSAs are forming large contiguous blocks of protected lands that have been targeted for public acquisition since the 1970s. The RLSA program design has resulted in a predictable pattern of envirOlunental protection, and eventually, all or nearly all of the FSA and HSA areas are likely to be designated SSA lands. A review of the RLSA Overlay Map (Phase I - Technical Review, Map I) clearly illustrates that the FSA, HSA, WRA, and Restoration Zone overlays collectively comprise a vast, interconnected system of flow ways and associated native habitats. These overlays were created for the expressed purpose of preventing wetland and habitat fragmentation, and maintaining existing wildlife corridors. Map I E of the Phase I Technical Review reveals that the approved and pending SSAs form a contiguous block of protected lands that already incorporate a majority of FSA and HSA lands. 3. Maintain habitat connectivitylprevent habitat fragmentation with large linkages on a landscape scale and in association with land uses in the open area to maintain functioning systems and preserve the wetland to upland interface. Of particular note, are further protection of Camp Keais Strand and maintaining the habitat linkage in the vicinity of SR 29 and Oil Well Road. [Defenders of Wildlife] ECPO Comments: The RLSA stewardship overlays (FSA, HSA, WRA, Restoration Zone, and Open) do not pre-determine sending and receiving area designations, but do influence the potential location of SSAs and SRAs. In 2002, the sum total of FSA, HSA, and WRA lands coincided with 91 percent of panther telemetry points collected between 1981 and 2000. A recent GIS analysis shows that these same overlays now contain 94 percent of all telemetry points recorded between 1981 and 2007. These data suggest that the overlays very effectively protect the habitat areas utilized by the Florida panther. The FWC least cost path analyses suggest that the RLSA program may require refinements in selected areas to accommodate panther movements between large habitat blocks. These potential landscape connections are currently being reviewed as part of the RLSA five-year review. 4. SSA approval is not subject to EAC or CCPC review only BCC. SRA approval occurs via EAC, CCPC and BCC process, as should have been provided for SSA approval [Judith Hushon) ECPO Comments: The designation of an SSA is a voluntary process, through which a property owner relinquishes private property rights, reduces the residual land use value of their property, 5lPage 16/IA13 and provides a public benefit by permanently protecting natural resources and agriculture, without requiring publicly funded compensation. The rules and requirements for establishing an SSA are clear, straightforward, and are not subject to the imposition of conditions and stipulations. RLSA incentives are designed to minimize obstacles to property owners in implementing the program. Multiple public hearings are costly and time consmning. Members of the public, including advisory board members, are not precluded from commenting on an SSA at the BCC hearing. The SRA approval process is more involved, as it deals with the establishment of design guidelines, assessment of infrastructure impacts, and other matters, that warrant the review and recommendations ofthe CCPC. ECPO's experience in implementing the RLSA within the process that now exists has resulted in a successful program, and does not believe changes are needed to the process. ECPO does not have recommended revisions at this time. However, this policy may need further review with additional discussion of SSAs. Also per policy, the RLSA Overlay Map should be updated to reflect SSAs and Ave Maria SRA. Staff Comments: With respect to July 15 Committee action, the amendments recommended are minor to correct the title of each of the SSA Credit Agreements. Public Discussion on October 28.2008: Tom Greenwood stated that the Assistant County Attorney would prefer that the language be brief in the RLSA Overlay and more detailed in the LDC. He stated that, should the Committee wish to include the specificity in the RLSA Overlay that is included in Jolm Passidomo's language, then the language as submitted to the Committee is acceptable. The attached was presented to the Committee for review. Mr. Jones stated that the two attorneys have agreed to the language. John Passidomo stated that what you see embodies the consensus of ECPO and the assistant county attorney. Jeff Wright, Assistant County Attorney, corroborated Mr. Passidomo' s statement and the content of the language before the Committee. Committee October 28. 2008 Action: Mr. Spagna moved and Mr. Jones seconded to approve the modification of Policy 1.6 and the new policy language as potential Policy 1.6.1. Upon vote, the motion carried unanimously. 2. Polices 4.4. 4.5. 4.6. 4.7.1. 4.14. and 4.16 Tom Greenwood reported that these Policies will be ready for discussion on November 10 and the Transportation Division will be present for that discussion and he believed that the differences in language have been resolved. No action was taken. 3. Continuation of Group 5 Policies [beginning with Policy 5.5J Policy 5.5 For those lands that are not voluntarily included in the Rural Lands Stewardship program, non- agricultural development, excluding individual single family residences, shall be directed away from the listed species and their habitats by complying with the following guidelines and standards: I. A wildlife survey shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed 6lPage 16J1A13 species or protected species are directly observed on the site. The survey shall be conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed species or protected species that may be discovered. 2. Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site, or the site is capable of supporting wildlife and can be anticipated to be occupied by listed species. These plans shall describe how the project directs incompatible land uses away from listed species or protected species and their habitats. a. Management plans shall incorporate proper teclmiques to protect listed species or listed species and their habitats from the negative impacts of proposed development. The most current and completed data and local. state. and federa guidelines and regulations shall be utilized to prepare the required management plans. OpeR space aRa vegetatieR preseryatieR reqlliremeRts sRaH Be usea te estaBlisR BlIffer areas Betv.-eeR wilalife RaBitat areas ana areaG aeHliRutea BY RlImaR activities. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. Appropriate roadway crossings, underpasses and signage shall be used where roads must cross wildlife corridors. Mitigation for impacting listed species habitat shall be considered in the manm:!cment nlans. as aooropriate, i. TRe fellewing referenees sRall Be lIaea, aa apprepriate, te prepare tRe reqllirea ffillRagemeRt plans: I. SelitR Fleriaa Multi Speeies Reee',"!)' PlaB., USFWS, 1999. 2. HaBitat MaRagemeRt ClliaeliRes f."r tRe Bala Eagle iR tRe SeutReaat RegieR, USFWS, ] 9&7. 3. Ecele~;y aRa HaBitat PreteetieR Neeas ef GepR.,. Tefteise (GepRema peIYPRe!ffilG) PeplllatioRs f-e'lIla OR LaRas Slated for Large Seale Develepment iR Fleriaa, Teelmieal Rep8ft No.1, Fleriaa Game aRd FreaR Water FisR ColllHlisaieR, 1987. 1. Eeelegy aRa DevelepmeRt Related HaBitat Reqllirements ef tRe Fleriaa ScmB Jay (.^.fleleeema eeemleseens), Tech:1ieal ReJ3eft Ne. 8, Fleriaa Game ana FresR Water FisR CemmissieR, 1991. 5. Eceleb")' aRd HaBitat PretectieR Neeas ef tRe SeutReastem .^.meriellll Kestrel (Falee Sparverius Paulus) OR Large scale Develepment Sites iR Fleriaa, NeRgame Teehnieal RepBrt Ne. 13, Flmiaa Game aHd FresR Viater FiGR Cemrnission, 1993. h fr The County shaH consider any other teclmiques recommended by the USFWS and FFWCC, subject to the provision of paragraph 3 ofthis policy. 11. tit, When listed species are directly observed on site or indicated by evidence, such as denning, foraging, or other indications, a minimum of 40% of native vegetation on site shall be retained, with the exception of clearing for agricultural purposes. The County shall also consider the recommendation of other agencies, subject to the provisions of paragraph 3 of this policy. b.Mana~ement plans shall include provisions for minimizing human and wildlife interactions. Low intensitv land uses (e.g. parks. passive recreation areas. ~olf courses) and vegetation preservation requirements, including agriculture. shall be used to establish buffer areas between wildlife habitat areas and areas dominated bv human activities. Consideration shall be given to the most 7lPage 16/1A13 current guidelines and re~ulations on techniques to reduce human wildlife conflict. The mana~ement plans shall also require the dissemination of information to local residents, businesses and governmental services about the presence of wildlife. practices that enable responsible coexistence with wildlife. while minimizing opportunites for negative ineraction, such as appropriate waste disposal practices. c.The Management Plans shall contain a monitoring program for developments greater than ten acres. B. Fsr flareels eSHtaining gOflher tertsises (GsflheRlD flsIYflhemaG), flrisrity shall Be gj', ell to flreteetiHg the largest mSGt eSHtigusaD gSflher tsrtsise haBitat ...;ith the greateat HamBer sf aetive BHrrsws, aHd fer flrs...idiHg a e8lmeetisH te sff site adjaeeHt gSflher tertsise preserves. e.HaBitat flreservatisH for the Flerid" serllB jay V.pheleeema eserllleseeHs) shall eOHform to the guideliRes eeHtaiHed iH TeehHieal Repsrt No.8, FIsrida Game aHd Freah 'Hater Fish CSftomissioH, 1991. The re'luired maHagemetll fllaR Ghall also prsvide fer a maiHtetl"Hee flrogmm aHd sfleeify aR apflrspriate fire er meehaRie"1 flrstseols ts m"intaiR the Halliral serne eslllltltlHity. The fllan shall alGs sHtliHe a pHBlie awarooess flfe,;ram te edueate rcsideRts aBeHt the en site flreserve and the Heed to maiHtaiH :he seruB '/egetatieH. These re'luiremeRts shall be eeHsisteHt with the UFWS SmIth Flerida Mlllti Sfleeies Reeever)' PlaH, May 1999, sHbjeet te the flrevisieHs offlar-agflll'h (3) efthis fleliey. d.Fer the bald eagle (IIaliaeetus lelweeeflhallls), the re'lHired habitat maHagemeHt fllaHs shall eataBlish flreteeti'/e ZSReD aroHHd the eagle HeGt restrietiRg eertaiH aeti"ities. The fllaRs shall alas address restrietiHg eertaiH types sf activities duriHg the Hest seaSSH. These re'luiremeHts shall Be eeHGistefll "..ith the UFWS Seath Flerida Multi Speeies Reee','er PlaH, May 1999, sHBjeet ts the flreviaisHs effler"graflh (3) sfthis flsliey. e.Fer the red eeekaded wsedfleeker !pieeides BsrealiG), the re'luired haBitat flroteetioH fllaH shall eHtliHe meaSllres to a...eid adverse iFlljlaets te aeti...e e!usters aHd to minimize impaetD te foragiHg haBitat. Where adveme effeets eaH Hot Be a-/eided, measures shall Be talwH te miHimize eH site diGlurBaHee aHd eeFlljloosate sr mitigate fer iFlljlaets that remaiH. These re'l"iremeHts shall Be eeRaistent with the UFWS SeHth Flerida Mtllti Sfleeies Reee...el)" PlaR, May 1999, sabjeet te the flre,,.iGioR ef flaragrepa 3) eftais flsliey. f. lR areas .....here tae Flerida Blae!, Bear (Urstls amerieaml3 fleridaoos) may Be flreseHt, the maRagemeRt fllaRs shall re'luir-e that garBage Be fllaeed iR Bear proof eeHtaiRers, at eHe Sf more eeHtralleeatiens. The maHagemeHt fllan shall alse ideHtify metheds te iHform leeal resideHts ef tae eeHeema related te iHteraetieR Bet7/eeH blaek Bears aRd humans. MitigatisR fer iFlljlaeting haBitat stlitaBle for Blaek Bear shall Be eeaGidered iH the maR"gemeat fllaR. g.Fer flrejeets leeated in Priority I sr Prierity II Panther Habitat arcas, the _RagemeRt ]'lIaR shall disesllrage the destflletieR sf uHdisturBed, Rotive haBitats that are preferrcd BY tae FIsrida ]'laHther (Felis eeReeler eeryi) BY direetiRg iHtetlsi'/e lImd uses te earrcntly diatllfBed areas. Preferred haBitats iRellide ]'liHe tIatv/eeds aHd hardVleed hammseks. IH turn, these areas shall Be Buffcred frem the mest iHteHse laHd uses ef the ]'lrej eet BY usiRg lew iHteHsity lImd lIses (e.g., ]'larks, flassive reereotienal areas, golf eeHrses). Geld eSllrses witlHH the Rtlral LaHds ,'\;-ea sholl Be designed aHd mOHaged liaing slaHdards fellHd '.vitaiH this O...erlay. The ffilltlagemeHt ]'llans shall ideHtify llfl]'lrSflriate lightillg eSHtrels fer theGe permitted llses and shall alse address the Sl'flSrtllHity 8lPage 16(1 A13 to utilize preseriBed Burning te maialain fife ad8j3ted preserO'ed vegetatien eemnlliRities aad previde Brewse for 'I.-hits tailed deor. These rCE[liirements shall Be eensisteBt with the UFV/S Seuth Flerida Multi Speeies ReeeO'er Plan, May 1999, suBjeet te the ]'lrevisien3 efparagra]'lh (3) efthis peliey. The Multi Saeeios Reeevery Plan (] 999) shall oenstitlite miniffiHm '1.-ildlif.e areteetien staadards fer the RLS,^,O. fi.The Maaagement Plans "hall sentain a menitering pregram f-er develepments greater than 10 aeres. 3. The County shall, consistent with applicable policies of this Overlay, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property eentaining utilized bv listed species. It is recognized that these agency recommendations, on a case by case basis, may ehange strengthen the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. However. no reduction of the wildlife protection policies of Policv 5.5will be considered as these shall constitute minimum standards for wildlife protection. Public Discussion on October 28, 2008: Mr. Wolfley stated that he did not feel that bald eagles should be called out specifically, but that other listed species should be included as well in paragraph I of Policy 5.5. Elizabeth Fleming agreed that other listed species should be cited so that the wording is more inclusive. Brad Cornell and Nancy Payton both agreed with Mr. Wolfley and Ms. Fleming. CommiUee Action on October 28.2008 on oaral!raoh 1 of Policv 5.5: Mr. Eidson moved and Brad Cornell seconded to accept the language amendments for paragraph I of Policy 5.5 as shown above. Upon vote, the motion carried unanimously. CommiUee Action on October 28. 2008 on oaral!raoh 2 of Policv 5.5. subsection a: Mr. Eidson moved and Bill McDaniel seconded to accept the language amendments for paragraph 2 of Policy 5.5 through paragraph a as shown above. Upon vote, the motion carried unanimously. CommiUee Action on October 28.2008 on oaral!raoh 2 of Policv 5.5. subsection b: Mr. Cornell moved and Gary Eidson seconded to accept the language amendments for paragraph 2 of Policy 5.5 through paragraph b as shown above. Upon vote, the motion carried unanimously. CommiUee Action on October 28. 2008 on oaral!raoh 2 of Policv 5.5. subsection b: Mr. Eidson moved and Bill McDaniel seconded to move the last sentence regarding mitigation to the last sentence of paragraph 2.2a of Policy 5.5. Upon vote, the motion carried unanimously. CommiUee Action on October 28.2008 on oararzraoh 2 of Policv 5.5. subsection c: Mr. Cornell moved and David Wolfley seconded to approve this language as shown. Upon vote, the motion carried unanimously. CommiUee Action on October 28. 2008 on deletion of existinl! oaral!raohs 2b throul!h 2h of Policv 5.5: Mr. McDaniel moved and Gary Eidson seconded to delete this existing language. Upon vote, the motion carried unanimously. 9lPage 1611 JA13 Committee Action on October 28. 2008 on amendinf! the lanf!uaf!e of Daraf!raDh 30f Policv 5.5: Gary Eidson moved and Tom Jones seconded to delete this existing language. Upon vote, the motion carried unanimously. Poliey S.li [Bew policy\ .'JW eevel8l'meat 811. laRes Bet l'artiei1'latiRe iR the RLS.'. Proeram aBe/or Ret iRclueee iR aRY RLS:\ Procram1'lartieieoRls' Hahitot CORsef\'atioR PlaR. CORseryatiea .^.ereemeHt or 8ther feeeral eOHivoleHt Ufleer the EHaanecree S1'leeies ,'.at iR the RLS/\ are fCE]Hirce to 1'llMSHe allllf011fiale l'emHttiRe aRe miti~atioR throlleh the Florida Fish aRd Wilelife CORSOrYiltioR COmmiSsi8R ORe us Fish and 'Nilelife Sef\iee. No eouRly eevclol'meHt !llIthorizatioR shall he isslIee lIRlil a USFWS ESA SectioR '7 or I Q aHthorizetioR is i3SlIed or eeemee HflBeeessary for tho 1'lrepesed acyelo1'lmeRl. Landov:Rers are eaeoHfa.:eato llortiei1'late iR ioiRl efforts to estahlish RLS.'. -::ide wildlife moaaeemeRlllroeroms. Public Input: none Staff comments: none Committee action on October 28. 2008: The Committee consensus was that a proposed Policy 5.6 [shown above] was not necessary. Policy 5.6 For those lands that are not voluntarily included in the Rural Lands Stewardship program, Collier County shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts within wetlands. A direct impact is hereby defined as the dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This policy shall be implemented as follows: I. There are two (2) major wetlands systems within the RLSA, Camp Keais, Strand and the Okaloacoochee Slough. These two systems have been mapped and are designated as FSA's. Policy 5.1 prohibits certain uses within the FSA's, thus preserving and protecting the wetlands functions within those wetland systems. 2. The other significant wetlands within the RLSA are WRA's as described in Policy 3.3.These areas are protected by existing SFWMD wetlands permits for each area. 3. FSAs, HSAs and WRAs, as provided in Policy 5.3, and the ACSC have stringent site clearing and alteration limitations, nonpermeable surface limitations, and requirements addressing surface water flows which protect wetland functions within the wetlands in those areas. Other wetlands within the RLSA are isolated or seasonal wetlands. These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of the South Florida Water Management District. a. The County shall apply the vegetation retention, open space and site preservation requirements specified within this Overlay to preserve an appropriate amount of native vegetation on site. Wetlands shall be preserved as part of this vegetation requirement according to the following criteria: i. The acreage requirements specified within this Overlay shall be met by preserving wetlands with the highest wetland functionality scores. Wetland functionality assessment scores shall be those described in paragraph b of this policy. The vegetative preservation requirements imposed by Policies 5.3 and 5.5 shall first be met through preservation of wetlands having a functionality assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7, or greater. Within one year from the effective date of this Amendment, the County shall develop specific criteria in the LDC to be used 10 I P age lliPage I" A13 f '7 ~, to determine those instances in which wetlands with a WRAP functionality assessment score of 0.65 or a Uniform Wetland Mitigation Assessment Method score of 0.7, or greater must be preserved in excess of the preservation required by Policy 5.3. 11. Wetlands and immediate adiacent upland buffers reauired bv regulatorv agencies that are utilized by listed species, or serving as corridors for the movement of listed species, shall be preserved on site. Wetland flowway functions through the project shall be maintained. 111. Proposed development shall demonstrate that ground water table drawdowns or diversions will not adversely change the hydoperiod of preserved wetlands on or offsite. Detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review, January 200 I. Upland vegetative communities may be utilized to meet the vegetative, open space and site preservation requirements of this Overlay when the wetland functional assessment score is less than 0.65. b. In order to assess the values and functions of wetlands at the time of project review, applicants shall rate functionality of wetlands using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP), as described in Technical Publication Reg-OOl, dated September 1997, and updated August 1999, or the Uniform Wetland Mitigation Assessment Method, identified as F.A.C. Chapter 62-345. The applicant shall submit to County staff agency-accepted WRAP scores, or Uniform Wetlands Mitigation Assessment scores. County staff shall review this functionality assessment as part of the County's EIS provisions and shall use the results to direct incompatible land uses away from the highest functioning wetlands according to the requirements found in paragraph 3 above. c. All direct impacts shall be mitigated for pursuant to the requirements of paragraph (t) of this policy. d. Single family residences shall follow the requirements contained within Policy 6.2.7 ofthe Conservation and Coastal Management Element. e. The County shall separate preserved wetlands 11-om other land uses with appropriate buffering requirements. The County shall require a minimum 50-foot vegetated upland buffer abutting a natural water body, and for other wetlands a minimum 25- foot vegetated upland buffer abutting the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required abutting wetlands where direct impacts are allows ed. Wetland buffers shall conform to the following standards: i. The buffer shall be measured landward from the approved jurisdictional line. ii. The buffer zone shall consist of preserved native vegetation. Where native vegetation does not exist, native vegetation compatible with the existing soils and expected hydrologic conditions shall be planted. iii. The buffer shall be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. iv. The following land uses are considered to be compatible with wetland functions and are allowed within the buffer: (1) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water management structures; (4) Mitigation areas; 16; 1 A13 (5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses. v. A structural buffer may consist of a stern-wall, berm, or vegetative hedge with suitable fencing. f. Mitigation shall be required for direct impacts to wetland in order to result in no net loss of wetland functions. Mitigation Requirements: I. "No net loss of wetland functions" shall mean that the wetland functional score of the proposed mitigation equals or exceeds the wetland functional score of the impacted wetlands. Priority shall be given to mitigation within FSA's and HSA's. ii. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or abutting the impacted wetland. iii. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plan Council) and continuing exotic plant maintenance, or by appropriate ownership transfer to a state or federal agency along with sufficient funding for perpetual management activities. IV. Exotics removal or maintenance mav be considered acceptable mitigation for the loss of wetlands or listed species habitat if those lands if those lands are placed under a perpetual conservation easement with perpetual maintenance requirements. -Po< y. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (1) i, ii, and iii of this policy and SFWMD standards. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. g. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit Development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed above (3.e.iv.) and shall not include any other activities that are detrimental to drainage, flood, control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. 4. All landowners shall be encouraged to consider participating in anv prog:rams that provide incentives, funding or other assistance in facilitatin~ wetland and habitat restoration on private lands including, but not limited to, federal farm bill ag:ricultural conservation programs, private or public grants. tax incentives, easements, and fee or less than fee sale to conservation oroe:rams. Public Input: I. The actual ability to develop in the RLSA under the standard zoning did not include an analysis of what amount of non-jurisdictional lands could actually be permitted. This produced a false sense of urgency to protect environnlentally sensitive land that in reality may never have been allowed to be improved. Even as 5 or 10 acre home sites, the ability to infringe upon wetlands is limited. [Mark Strain] Staff Comments: minor corrections [Comprehensive Planning] Currently there are no buffer requirements to FSAs, HSAs or WRAs if the project is going through base- line standards, besides the standard 25' for wetlands. Recommend some type of buffer -commercial excavation has no minimum setback to an FSAlHSA. Policy 5.6 [Environmental Staff) 12IPage 16J'1 A13 Committee Action on October 28. 2008: Bill McDaniel moved and Gary Eidson seconded to accept the proposed new language in Policy 5.6, section 3, subsection f iv. Upon vote, the motion carried, 8-1 with Mr. Cornell voting in the minority. Public discussion rel!ardinl! lanl!ual!e in Policv 5.6. section 3. subsection f iv: Mr. Cornell suggested that exotic removal should not be regarded as mitigation. Mr. Priddy supported the mitigation proposal for exotic removal. Christian Spilker supported the idea but needed clarification on "exotic removal or maintenance". Nancy Payton stated that she also had a problem with that wording. Dane Scofield proposed "ongoing control". Elizabeth Fleming suggested removal of that subpart. Tim Durham stated that SFWMD will specify the expected minimal level of control. Committee Action on October 28. 2008: Gary Eidson moved and David Wolfley seconded to add "SFWMD standard" to the language in existing subsection 3f iv of Policy 5.6 and renumber subsection 3fiv to 3fv. Upon vote, the motion carried unanimously. Committee Action on October 28. 2008: Gary Eidson moved and David Wolfley seconded to leave the language in existing subsection 3g of Policy 5.6 unchanged. Upon vote, the motion carried unanimously. Committee Action on October 28. 2008: Brad Cornel moved and Tom Jones seconded to add Section 4 to Policy 5.6, without the last sentence. Upon vote, the motion carried unanimously. Policv 5.7 Anv development on lands not participatin~ in the RLS program shall be compatible with surrounding land uses. Outdoor lighting shall be reasonablv managed to protect the nig:httime environment. conserve energv, and enhance safetv and securitv. Public input: Dane Scofield asked for someone to define a smoke easement. Chistian Spilker stated that he is concerned about smoke easements and it gives him pause. Nancy Payton suggested eliminating the last sentence and that can be addressed in the LDC. Brad Cornell stated that he had no opposition to eliminating the last sentence. Ru.'s Priddy stated that he would like to see the entire Policy deleted. David Wolfley stated that lighting is almost always an issue when land use intensity is proposed to Increase. Staff comments: Committee Action taken on October 28. 2008: Mr. Cornell moved and Gary Eidson seconded to add new Policy 5.7 as outlined above. Upon vote, the motion carried unanimously, 8-1 with David Wolfley voting in the minority. Chairman Hamel asked when the Committee should review the remaining issues that may require additional policies. The Committee felt that when the draft report is in review would be a good time to review these issues. Elizabeth Fleming stated that she felt that new Policy 5.5 2b should be put in Group 3 Policies. Tom Jones stated that it may better be placed in Group 4 Policies related to SRAs. Anita Jenkins stated that the language in the proposed Policy 5.5 2b is already in the LDC for SSAs, but could be put in the LDC for SRAs as well. She stated that Policy 5.5 2b would better fit in Group 4 Policies. Ron Hamel requested staff to provide a review of this issue. 13IPagc 1611 A13 VII. New Business A. Discussion of Naples Cultural Landscape proposal for Policy language in the RLSA Overlay. Noah Standridge stated that the distributed Policies 4.4 and 5.7 do not have consensus yet by the stakeholders and asked that this item be placed on the November 10 agenda. B. Group 4, Policy 4.1. Tammie Nemecek stated that she would like to submit some proposed Policy language related to economic development for discussion at the November 10 meeting. VIII. Public Comments. IX. Next Meeting. Mr. Hamel stated that the next meeting will be held on Monday, November 10, 200S, in Rooms 609/610 of the CDES Building, 2S00 North Horseshoe Drive, in Naples, Fl. from 9:00 A.M. - 12:00A.M. X. Adjournment Mr. McDaniel moved to adjourn the meeting, seconded by Mr. Eidson with the motion approved unanimously with adjournment at 12:02PM. .,.-""'" Rural La~ Stewa These minutes approved by the Contiruttee on //~/tJ-OF , as presented X amended or as 14 I P age 16 J 1 A 13 Present Technical Review.. Pr'esent RLSAO Recommendations..Phase 2 Report Phase I Reoort to: to: Current Schedule EAC, March 6, 2008 EAC.....November 12, 2008 CCPC, May 1, 2008 [9:00am in BCC meeting Room] BCC, May 27,2008 CCPC...Deeember 1,2008 DCA, June 23, 2008 [8:30am in BCC meeting Room] BCC......January 29, 2009 [1:00pm in BCC meeting Room) To DCA..Februarv 27,2009 NOTE: The following, as directed by the Committee on October 14, 2008, IS for Committee discussion purposes during the October 21, 200S meeting. DRAFT REVISED PHASE 2 REPORT SCHEDULE FOLLOWING THE APPROVED PROJECT MANAGEMENT PLAN [PMP] Caveats associated with the Committee's Phase 2 Reoort possible timing under the approved PMP [CDES and County Manager sign off) The timing on the release of the Phase 2 Report to the EAC, CCPC, and BCC is primarily dependent upon: I. The timing of the Committee completion of the RLSAO Phase 2 Reoort; and 2. Whether the Committee wishes to have a full data and analvsis section in the Phase 2 Report [required for a GMP amendment]. Staff has previously stated, in response to Committee actions to proposed amendments to Policies 2.1 and 2.2 that there is not sufficient staff at this time to do the data and analysis to support such amendments and, for that matter, other proposed amendments to the RLSAO. Accordingly, the following DRAFT schedule is based upon Committee wrap up of the Phase 2 Report not later than November 25, 2008. IF the Committee wraps up the Phase 2 Report later than November 25, then this schedule MAY need to be revised. October 21, 2008.......Committee completion of Policies 1.6,4.4,4.5,4.7.1, and 4.14 and remaining Group 5 Policies October 28, 2008.. .....Committee review of Policies yet to be proposed by Naples Cultural Landscape and further direction to staff from the Committee November 25, 2008... . Committee review of draft Phase 2 Report and wrap up. ************************************************************************ February 4, 2009.. ....EAC review of Phase 2 Report February 4 is the EAC regular monthly meeting date and the date, tirne and place will need to be confirmed with the EAC] March 16/17 CCPC review of Phase 2 Report. These dates are open and reserved for the BCC meeting roorn, but will need to be confirmed with the CCPC as dates suitable to the CCPC. April 7 and/or 8, 2009...BCC review of Phase 2 Report. These dates are open and reserved for the BCC meeting room have been reserved. However, confirmation ofBCC availability will have to be made. 1 1611AI3 GMP AMENDMENTS....POSSIBLE SCHEDULE NOTE: Verv preliminarv schedule and subiect to revisions. The following, as directed by the Committee on October 14, 2008, is for Committee discussion purposes during the October 21, 2008 meeting. There are many more timinl! uncertainties regardinl! GMP arnendment than Phase 2 Report presentation and direction for the following reasons: I. Annual Cvcle GMP Amendments [local timinl! determination). BCC Resolution No. 97-431 provides for one GMP cycle per year unless the BCC authorizes a second GMP cycle which is also the limitation [2 per/year] per Florida Statutes. Thus, there are two local options on timing for the GMP amendments for the BCC to consider as follows: A. The BCC could authorize the inclusion of the RLSAO GMP amendments into the current annual 2009 cycle [submittal deadline is April 25. 2009.] This could be done by the BCC during its tentative April 7 or 8 review of the Phase 2 Report. B. The BCC could authorize, due to the enormity of the RLSAO GMP amendments and thc special public interest shown in these possible amendments, a second special GMP amendment cycle and then the RLSAO GMP amendment application could be .filed any time afier April 25, 2009. 2. Timing of Comprehensive Plan Amendment Process [external limmg determination per attached from Section 163.3184, Florida Statutes. Following the local transrnittal hearings [CCPC and BCC], then the timing and procedures would follow per the attached "Cornprehensive Plan Amendment Process" provided for in Section 163.3184, Florida Statutes. 3. Timinl! of Transmittal Hearinl!s and Adoption Hearings. Comprehensive Planning Department's current estimate of 2009 cycle GMP amendments is to have transmittal hearings in summer or fall, 2010. No dates have been set as the 2007/2008 cycle hearings have not been set and it is unknown how many applications will be submitted for the 2009 cycle. Transmittal hearings and adoption hearings are held in the time set forth in the attachment. At this time it is estimated that RLSAO amendments could become effective some time during the last half of 2011. This timing is felt to be aggressive and is dependent upon compliance with all local policies, resolutions, ordinances and State Statutes. 2 16 1 A13 Comprehensive Plan Amendment Process Scdlur 16J 318.-1 F'()!/(Ll .:Jf'lhj{{;~ Proposed Phose lcCl;t1 (JO\"iE"rrment tlane.mlls Un-.;! copi~~ of the p13f1 amendmert to the DEpartment of Community Affair;> (DC,~) and one copy to re'llewageOQes (LoclllgawmmoiJl ;nay~ rtl'lofewatlf,msmittal). "{nt'Nt/pfete" local government and agemles notifie::l submittal IS "Incomplete" (W,",IIl~\M::>Jl'I"g1ay.~(>f rowifl/! "Cmnpll'u" local government and agencies I)Ctifi€'d Jubmitiotra"o:lmplc1(\" 'W~f/I"lIlV.)(j(lfI{IdaysorIUC/iIipl/ ""V/ nf(UI!SI((/J'("l'ie>>" , Review agenciw hell/de appropflate Regional Rannmg Council and llJa:er Management Dt:.llit;\, Dt:!~rLIII"11l0r Tnnspor:ation, Departmert of El'lvironrrenlal Frotection, Of'partment of Slate: the 8::Jpropriate cO\Jnt~ (mlJnicipal plan emendmenb only): the Florida Fisll and Wik1hfe Conservation Commission and the Department ot AgriCulture and C or'I'iU mer SllIrvice'i; {co," nty plan amendments only); and the D~partm~nt Df Edu(~'on (;1ublic edtlCi'lbonal taGiitie~ element only) Revi""", egencie$ I!-end co"menb to DCA 'Wntm311oo}l><>f,~of~iI11IOOdmwt;. Local gove'oment reQuesb;; review. RPC/Affectod penon requ9~ leYlew. "UI" tt"U tr> ~"";"'II'" keglo~all--'Iannlng COU~ClI:~I--'l:)1 Affected ptlrs~n send6 DCA rcquc$t te reVifNIrMJstOO/'I'KElIV$1W1'/I!rt'Odavsen.., frll,lSmlfmlJ .-------:~n~:-----... . ",n.-...il"w" ~ local go~ernmmt of ioo -........, __ rX-ciSlon loreview ,Wlfin3$daJ-s ___ ~~~;:nr~______ ___________;mm____.. ______m ___~"'i~---- ______ ..__ m OCAisSllesORC IWltI:In 6Cd!I)SofliKXijlla'cor:l!'Jiolfl ~:>Il>m",,~t). Ado ted Phase _Deal government adopG plan .. ~mendments v..ith effeoo'e date. (hlll';Il 60 daysa/f6'"lUa/ipl,JfORCaWtWII'il120dayswa'J EAR.ooSEJda,l'loomm,1It) LOC;aI go"ernlneflt C>Jbnrts three COpiM 01 adopted plan amendment to DCA one copy to review agencies,2 rWlhilllD ....or~mlJ :htY3 afler81opli0I1, "Uopted A_nJmmt Ifitll Ohjedi,lIl~ r>>, ChllJ~I!!" "l-ndmllgl!d A.J11J!/tJ1>If!ll! riO: Revw..'~d r)r willI /to Objufitlw' -----oc~~ ~otice oflntent:NC'll.',li'i'Irlln45 "In" ____d1ys <<_..ipl rN800rrp/elv BdJpIOd.____ ~ ,.snn~......"'*"_J ___ ~'ianr'.... "[n" '1nUI1II/Jlilln('e" Adminiittrativt- Ploceedillg pUr$uanttos.120 57, FS If chaienged, Of tlur,dnotin compliance ne~otiation rray leildto a Ifchii:llle~IKl,lef~llo DCAHAdmin''itr.rtive Proceeding pJrstlam 10 Ii 120.57, F.S DCA requests hearing, DOAH. (DMsIo~ o(AdrItI'ilistntllw rieal1i'lQs.DfIpoarfrnoolafM-<1l1i'(lQ- menlServireI;) Affected Party has 21 days to challenge ~ DCA does lot review for cC'mpliance adoo-ted small scale amerdments, L;)ca govemments are required to tlJbmit one copy of the ado;)ted smaD scale amendment to DCA:MId ttle RP~ DCA 01 Admi.--j.,tr~tion Commssion Fina Order ~ I =.tfecnve Uate ('.ompliaflcl;I- 3f;HHlmQ'1t OI'1d remedi8' pl6n amendment plI(Suamto s.163.31E4(16I, FS J NOI will be published 30deys after receipt of (.;orn~i~nce ilgreemefll amerdmllnt Q'Ii'$tiollS. mJJ .f?ql'I:'ld,.TII/;,~. !iwv,w cj81<11" Pfmllltllt. j)"P7TIIR<!1I1 o/CrJ",munitY'Ur/Jir!i <II (1'.50)l;21.) 7(,7 <'In",f: n'y,/!'uboJ',kx!j'dcOl suuJ71l.' Updaf~ Apnl 2002 4 local g.)\Iernment coll-rllmatllat the adopted aml'tndmlNlt is unchanged from the proposed anendment, W!l$ not reviewe-d olld no objections were raised by all affected party or -me Depanmeflt 1611 AI3 Wi/~M;lIe'. ..'::5(),.: New DlrBCtions In Pfanni"l1. Desion & fflf}ineeflfl{} TO: CC: FROM: DATE: SUBJECT: Collier County RLSA Review Committee Tom Greenwood AI Reynolds October 22, 2008 Proposed Schedule At the Collier County RLSA Review Committee on October 14, there was a discussion about the schedule for completion of the Committee's work and the process that will follow, leading to transmittal and adoption of the Growth Management Plan (GMP) Amendment necessary to implement the Committee's recommended policy changes. I proposed an alternative approach to the published schedule that would forward the RLSA Review Committee's Report and Recommendations directly to the BCC for their review and action to initiate a special GMP Amendment cycle to formally review, transmit and adopf the changes. The advantages to this proposal are several. First, there will be a significant savings of staff time and cost, as duplicative advisory board meetings will be eliminated. In addition, as the County Staff intends to rely upon WilsonMiller to help complete the data and analysis to support a GMP Amendment, on behalf of our clients we need assurance that the County intends to initiate the amendment process. This approach will also give clearer direction and context regarding the role of the Advisory Boards in their review of the proposed changes. Based on the latest sfaff analysis, the Committee will wrap up the Phase 2 Report no later than November 25, 2008. The following would be a recommended schedule thereafter: January 13. 2009: Presentation of the Committee Report to the Board of County Commissioners and action by the BCC to initiate a special Growth Managemenf Plan Amendment Cycle for the RLSA Plan Amendment. February 4. 2009: EAC review of the RLSA Plan Amendment March 5. 2009: CCPC review of the RLSA Plan Amendment April 7. 2009: BCC review of the RLSA Plan Amendment and action to transmit the Amendment to DCA. The timing of the process after transmittal will depend on the response from the DCA regarding the completeness of the GMP Amendment and any Objections Recommendations or Comments. Assuming a typical ORC Report and response from the County, I would anticipate adoption hearings in the fall of 2009. 1611 A13 Sunday, October 26, 200S Dear Chairman Hamel and Committee Members: For the past 412 years, ] have been a mernber of the Collier County Environmental Advisory Council (CCEAC); the contents of this letter express my individual opinion only. At the October 14th meeting of the Rural Lands Stewardship (RLSA) Review Cornrnittee, the idea was put forth by some members that initial Phase 2 recommendations be brought directly to the Board of County Commissioners (BCC) without benefit of review by the CCEAC and the Collier County Planning Commission (CCPC). This change is to be further discussed at the RLSA Review Committee on October 2Sth. I am strongly opposed to this idea for the following reasons: I. What's the rush? Given the real estate rnarket in Collier County, with rnassive inventory, there is no pressing economic reason to sidestep the review process already in place. We are talking about the next twenty years in eastern Collier County, and we need to be deliberate and thoughtful with adequate public input every step of the way. And, the east of 951 infrastructure study was at an entirely different scale than the RLSA - it is not cornparable. 2. This would circumvent the established process already in place. The RLSA Rcview Committee came to the CCEAC and the CCPC with the results of their Phase I Technical Review. We were told, at that time, that you would return with Phase 2 recommendations; that is in the existing Project Management Plan. 3. The CCEAC and CCPC were establishedfor this very purpose. We would like the opportunity to carefully review initial Phase 2 recommendations because our proven expertise would rnake the final work product of the Review Committee a better docurnent for presentation to the BCC. The RLSA Review Cornmittee mernbers articulated a rationale that Phase 2 recommendations would need to be translated into Growth Management Plan amendments, and would come to CCEAC and CCPC review in that form after receiving "guidance" from the BCC. That rnay be true, but from my 4 12 years on the CCEAC it is much better to review a plan in its comprehensive, whole, organic form rather than as a series of disconnected paragraphs, couched in the legal terminology of growth management plan amendments. I hope the RLSA Review Committee will follow its original Project Management Plan. That's what the public expects, and that's what we all deserve. Sincerely yours, Nicholas G. Penniman IV GreenwoodThomas 1 ?.-Ll A 13 %L-i~E!5 /'&':;" 7 I From: Sent: To: Subject: Attachments: ashton_h Wednesday, October 15, 20083:52 PM 'John M. Passidomo'; GreenwoodThomas FW: SSA Reverter Policy Proposal 20081014084135437.pdf John and Tom, For Tuesday, we will need to clarify under Section 2: What is an unrelated entity? Different officers and directors? Please clarify what is intended. Also, I'd prefer to have some language in the first full paragraph after Section 3 to provide that: After 5 years of the establishment of the SSA, or anyone year extension of the conditional period of the conditional stewardship easement, the conditional stewardship easement shall become permanent unless the owner records a notice of termination. Please also make sure that the RLSA committee understands that I continue to recommend that the GMP language I previously provided, but if they desire to place the details in the GMP amendment, that I am recommending the above changes. Thanks Heidi Ashton-Cicko Heidi Ashton-Cicko Assistant County Attorney Phone (239) 252-2939 Fax (239) 252-6300 From: John M, Passidomo [mailto:jmpassidomo@napleslaw.com] Sent: Tuesday, October 14, 2008 8:58 AM To: ashton_h Subject: SSA Reverter Policy Proposal The attached draft picks up the one year extension option the Committee discussed last Thursday and clarifies the meaning of "irrevocably" sold in accordance with your request. John M. Passidomo Florida Bar Board Certified Real Estate Lawyer For the Firm Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Telephone: 239-261-9300 Direct dial: 239-436-1529 Fax: 239-261-0884 imoassidomoC1ilnaoleslaw.com 1 (VII) Policy 1.6 Stewardship Credits (Credits) are created from any lands within RLSA that are to be kept in permanent agriculture, open space or conservation uses. These lands will be identified as Stewardship Sending Areas or SSAs. All privately owned lands within the RLSA are a candidate for designation as a SSA. Land becomes designated as a SSA upon petition by the property owner seeking such designation and the adoption of a resolution by the Collier County Board of County Commissioners (BCC), which acknowledges the property owner's request for such designation and assigns Stewardship Credits or other compensation to the owner for such designation. Collier County will update the Overlay Map to delineate the boundaries of each approved SSA. Designation as an SSA shall be administrative and shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendrnent process when it periodically occurs. A Stewardship Agreernent shall be developed that identifies those allowable residential densities and other land uses which remain. Once land is designated as a SSA and Credits or other eOffijJeHsation is are granted to the owner, no increase in density or additional uses unspecified in the Stewardship Agreement shall be allowed on such property, unless the SSA and Stewardship Al!reement are terminated. The SSA rnay be terminated by the owner for a period of UP to five years after approval of the SSA if the Stewardship Credits have been assigned to an approved Sending Receivinl! Area (SRA). and the SRA has not received final development orders or Federal. State and local permits necessary to commence construction excluding plat approval, site development plan approval and building permit aporoval. The SSA shall not be terminated if owner has sold the Stewardship Credits or if owner has received compensation in exchange for the credits. DRAFT - FOR DISCUSSION PURPOSE; 6 I 1 ,,13 6 0 c..J.rc...~: lfe-id.t. ,t:}s;hfr,,J /o-7-OJ' -f-o ~""""""':I Th=--~ (VII) Policy 1.7 The range of Stewardship Credit Values is hereby established using the specific methodology set forth on the Stewardship Credit Worksheet (Worksheet), incorporated herein as Attachment A. This methodology and related procedures for SSA designation will also be adopted as part of the Stewardship Overlay District in the Collier County Land Development Code (LDC). Such procedures shall include but not be limited to the following: (I) All Credit transfers shall be recorded with the Collier County Clerk of Courts; (2) a covenant or perpetual restrictive easement shall also be recorded for each SSA, shall run with the land and shall be in favor of Collier County, Department of Envirorunental Protection, Department of Agriculture and Consumer Services, South Florida Water Management District, or a recognized statewide land trust, which rnav be modified or terminated if the SSA and Stewardship Al!reement are terminated; and (3) for each SSA, the Stewardship Agreement will identify the specific land management measures that will be undertaken and the party responsible for such measures. 16;J~1~'LJ,jJ 3 /() -. IC,-of SSA REVERTER POLICY PROPOSAL rl;!)J)q~.~i! l:c"i~iQJHQJ(l~l;i.j:llJ~l1(;~of PQli~l' L6: Once land is designated as a SSA, no increase in density or additional uses unspecified in the Stewardship Sending Area Credit Agreement shall be allowed on snch properly unless the SSA is terminated as provided elsewhere herein. -~---------------------------------------------------------------------------------------------~-------------------------~----- p.X5?PQ~Jtn~dY.,Pl~~lYi~i~n : Notwithstanding any provision herein to the contrary, upon initial approval of a Stewardship Sending Area ("SSA"), the Stewardship Easement shall be established for a term of five years ("Conditional Period") and shall be deemed a Conditional Stewardship Easement. The Conditional Period may be extended tt)I' one additional year at the option of the owner by providing written notice to the County prior to the expiration of the initial five year period. All conditions and restnctions of the Stewardship Easement related to maintaining the existing property conditions, inducting all management obligations of the owner of tile SSA lands, shall be in full force throughout the Conditional Period. If at any lime during the Conditional Period any of the following events occur, then the Conditional Stewardship Easement shall become a Pem1anent Stewardship Easement which shall be final. perpetual and non-revocable in accordance with the telms set forth therein: 1. Stewardship Credits from the SSA have been assigned to entitle an approved Stewardship Receiving Area ("SRA"), and the SRA has received all necessary governmental final and non-appealable development orders, permits, or other discretionary approvals necessary to commence construction, including subdivision plat and site development plan approval, but not building permits. If Stewardship Credits from the SSA have been assigned to morc than one SRA, then the receipt of all necessary govemmental final and non-appealable development orders, pennits, or other discretionary approvals necessary to commence constmction of any SRA shall automatically cause the Conditional Stewardship Easement to become a Permanent Stewardship Easement; 2. The owner of the SSA lands has sold or transferred any Stewardship Credits to another person or entity, including a Stewardship Credit Trust as described in Policy 1.20, the closing has occurred, and the owner has received the consideration due from slIch sale or transfer, but expressly excluding: (a) a sale or transfer of the Stewardship Credits ancIllary to the sale or transfer of the underlying fee tiIle to the land, or (b) instances where a landowner establishes an SSA for a specific SRA, whether the SRA is owned or developed by a separate or related entity, and the Stewardship Credits are transfelTed as required by the Growth Management Plan or Land Development Code for SRA approval; or 3. The owner of the SSA lands has received in exchange f()f the creation of the Stewardship Easement Agreement other compensation from local, state, federal or private revenues {collectively, the UEvents"). The LDC shall specify how, assuming a Notice of Termination (as hereafter described) has not already been recorded, the Conditional Stewardship Easement shall automatically convert to a Pel111anent Stewardship Easement upon the earliest to occur of (a) any of the foregoing Events during the Conditional Period, or (b) 180 days after the last day of the Conditjonal Period, as and to the extent extended hereunder. In the event that none of the foregoing Events has occlIlTed during the Conditional Period, then the owner of the SSA lands may within 180 days after the last day of the Conditional Period tell11inate the Conditional Stewardship Easement by recording a Notice of Tel111ination. In addition, if a chaUenge and/or appeal of a necessary development order, pe1111it or other discretionary approval is filed, the owner of the SSA lands may elect to extend the Conditional Period until the challenge or appeal is finally resolved. If the challenge or appeal is not resolved slIch thallhe construction may commence under terms acceptable to the owner of the SSA lands, the owner of the SSA lands may within 180 days of the Hllal disposition of the challenge or appeal record a Notice of 1611 A13 Termination. Upon the recording of such Notice of Termination, the Stewardship Easement Agreement and cOITesponding Stewardship Sending Area Credit Agreement shall expire and tem1inate, the Stewardship Credits generated by the SSA shall cease to eXlst, the rights and obligatLOl1s set forth in tile Stewardship Easement shall no longer constitute an encumbrance on the property, and the SSA Memorandum shall be revised accordingly. The owner of the SSA lands shall provide a copy of the Notice of Termination to the County, In the event that the Stewardship Credits from all SSA have been used to obtain one or more SRA approvals, but nOlle of the foregoing events has OCCUlTed during the Conditional Period, then the Notice of Tem1ination shall also provide for termination of any SRAs that have been assigned credits from the SSA, unless the SRA owner has obtained sufficient Stewardship Credits from another source and such Stewardship Credits have been applied to the SRA. In the event that a Notice of Tennination does terminate an SRA, the owner of the SRA lands shall join in the Notice ofTennination. In the event that a Conditional Stewardship Easement is terminated, all benefits, rights, privileges, restrictions and obligations associated with the SSA shall be null and void, and the land shall revert to its underlying zoning classification, free and clear of any encumbrance from the Conditional Stewardship Easement and SSA Credit Agreement. If requested by the owner of tile SSA lands, Collier County and the other grantees under the Stewardship Easernent Agreement shall provide a written release and tem1ination of easement and credit agreements for recording in the public records within 15 days of request from the owner of the SSA lands. Collier County shall update the overlay map to retlect the termination of any SSA or SM. This policy shall be implemented in the LDC within 12 months after adoption hereof. 6434-13239 #I 192 Revelsion 13 16ilA13 Proposed Amendment to the Rural Lands Stewardship Overlay to promote and safeguard cultural heritage or archaeological resources Policy 4.22 To further the principles of rural sustainability, where appropriate and allowed bv the State of Florida Division of Historic Resources, historic or archaeological resources in the RLSA shall be promoted and conserved in SRAs and along transportation corridors. These resources will assist in maintaininl! the rural character of the RLSA and integrate them into efforts to promote and interpret the unique culture and history of Collier County. Policy 5.7 For those lands that are not voluntarily included in the RLSA prol!ram, where appropriate and allowed by the State of Florida Division of Historic Resources. historic or archaeological resources in developed areas and along transportation corridors shall be promoted and conserved. These resources will assist in maintaininl! the rural character of the RLSA and integrate them into efforts to promote and interpret the unique culture and history of Collier County. Fiala ~ Halas .'f..c. Henning v Coyle ~ Coletta . ~) h ~,-.~ " ,. ! \.' r:::.-.. ".: '. f''''~ ~ , ,., ',' ~ ,,~' 16tJ:IBl \.. " ')00a October 17, 2008 .',':',".l:,[ ,;"Uril::"..:I):-:"'r:.~ MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGI S TRA TE Naples, Florida, October 17,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Conference Room #610 of the Collier County Community Development and Environmental Services Building, located at 2800 N. Horseshoe Drive, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Secretary to the Special Magistrate: Honorable Brenda Garretson Sue Chapin STAFF PRESENT: Marjorie Student-Stirling, Assistant County Attorney Kitchell Snow, Code Enforcement Investigative Supervisor Marlene Stewart, Code Enforcement Administrative Secretary Misc. Correa: Dale: I?. ~ [; J.. -0 ~ Item# t bIL i) ~ l CC,f~'f'S fo 1611 BI1 October 17,2008 I. CALL TO ORDER The Meeting was called to order by the Honorable Special Magistrate Brenda Garretson at 9:00 AM. All those testifying at the proceeding did so under oath. A. Hearing Rules and Regulations were given by Special Magistrate Garretson. Special Magistrate Garretson noted that, prior to conducting the Hearing, the Respondents were given an opportunity to speak with their Investigating Officer(s) for a Resolution by Stipulation; looking for compliance without being punitive. RECESS: 9:20 AM RECONVENED: 9:37 AM II. APPROVAL OF AGENDA Marlene Stewart, Code Enforcement Administrative Secretary, proposed the following changes: (a) Under Item V(B), "Hearings," the following cases were WITHDRAWN by the County due to payment: · Agenda # I, Case # PU 4413 - BCC vs. Jon Irwin · Agenda # 3, Case # PR 003334 - BCC vs. Lucila Insausti (b) Under Item V(B), "Hearings," in Agenda # 8, the Case Number prefix was changed to CEV 20080011107 - BCC vs. Graciela DelAguilla (c) Under Item V(C), "Emergency Cases," the following cases were ADDED to the Agenda: · Agenda # I, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc. · Agenda # 2, Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo, Inc. · Agenda # 3, Case # CO-00I94 CEVFH 20080007574 - BCC vs. Clean Ride Limo, Inc. · Agenda # 4, Case # CO-00195 CEVFH 20080007692 - BCC vs. Bobby D. Calvert · Agenda # 5, Case # CO-00196 CEVFH 20080007684 - BCC vs. Neil Walmsley · Agenda # 6, Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo, Inc. (d) Under Item IX, "Reports," the following case was added: · 3. Case # CENA 20080003578 - BCC vs. Chad Sulkes The Special Magistrate approved the Agenda as amended, subject to changes made during the course of the Hearing at the discretion of the Special Magistrate. 2 161181 October 17,2008 III. APPROVAL OF MINUTES Sue Chapin, Secretary to the Special Magistrate, proposed the following changes: Agenda 16, Case # PU 4433 - BCC vs. Centex Homes Agenda 17, Case # PU 4434 - BCC vs. Centex Homes Agenda 18, Case # PU 4356 - BCC vs. Centex Homes The Investigators of record for the above-referenced cases, Michael Andresky (Agenda # 16 and #17) and Albert Sanchez (Agenda # 18), were not present and unable to present their cases according to the Agenda. Investigator George Cascio, as noted, represented them. The Minutes of the Special Magistrate Hearing held on October 3,2008 were reviewed by the Special Magistrate and approved as amended. IV. MOTIONS A. Motion for Continuance: 4. Case # PR 040890 - BCC vs. Julius Troiani The Hearing was requested by the Respondent who was not present. Collier County Park Ranger Cynthia Gaynor was present. Violation(s): Ord. Sec. 130-66 Failure to pay meter Violation Address: Vanderbilt Beach Street The Respondent's Request for a Continuance was received by Marlene Stewart on October 16, 2008 at 5: I 0 PM. It was not filed before the deadline. The Investigator stated the County objected to the granting of a Continuance. The Respondent's letter stated he would not be in the area on the Hearing date due to his current employment. He would be available on October 28th through October 31 st and from November 16th through November 18th The Special Magistrate noted supporting documentation was not submitted with the written request as required. The Special Magistrate DENIED the Respondent's Request for a Continuance. V. PUBLIC HEARINGS A. Stipulations: 3 16 'I 1 Jtl17, 2008 8. Case # CENA 20080011107 - BCC vs. Graciela Del Al!:uilla (The Respondent's name was corrected to Del Aguila.) The Hearing was requested by Collier County Code Enforcernent Investigator Jonathan Musse who was present. The Respondent was also present. (NOTE: The Case # was changed to CEV 20080011107 per amendment to the Agenda. ) Violation(s): Collier Co. Land Development Code 04-41, as amended, Sec.2.01.00(A) Unlicensed/inoperable vehic1e(s) stored on residential property Violation Address: 826 95th Ave. N, Naples, 34108 A Stipulation was entered into by the Respondent on October 17, 2008. The Investigator stated the violation had been abated on October 6, 2008. Finding the Notice of Hearing was properly served, and finding the violations did exist but were CORRECTED prior to the Hearing, the Respondent was found GUILTY of the alleged violation and ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.34 on or before November 17, 2008. 10. Case # CESD 20080010509 - BCC vs. Celia Andrade and Jose Alfaro The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were also present. Erica Alfaro-Andrade, daughter of the Respondents, served as translator. Violation(s): Collier Co. Land Development Code 04-41, as amended, Sec. 1O.02.06(B)(1)(A) Addition of shed with no permits Violation Address: 2100 50th St. SW, Naples, 34116 A Stipulation was entered into by the Respondents on October 17, 2008. The Investigator stated the Respondents agreed to pay the Operational Costs. Respondent, Jose Alfaro, stated the violation was caused by the previous owner. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain the required Collier 4 ~ ' !, 6,. ef-!'" \'., ~ ';:,' 81 October 17, 2008 County permits for additions to a residence, inspections and a Certificate of Completion, OR remove the unpermitted addition by obtaining a Collier County Demolition Permit, with required inspections, and a Certificate of Completion, all on or before January 17,2009, or afine of$100.00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117. 69 on or before November 17, 2008. The Respondents are to notifY the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 7. Case # CEPM 20080011393 - BCC vs. Diane L Mathieu. Tr.. John R. Mathieu. Tr.. & Diane L. Mathieu. Rev. Tr.. UTn 7-12-02 The Hearing was requested by Collier County Code Property Maintenance Specialist John Santafemia who was present. Respondent, John Mathieu, was present and the Respondents were represented by Attorney Brad Kelsky. Violation(s): Ord. 2004-58, Sec. 12 Existence of a dangerous building Violation Address: 427 Willet Ave., Naples, 34108 A Stipulation was entered into by Re;pondent, John R. Mathieu, on behalf of his wife, Diane L. Mathieu, and himself on October 17, 2008. The Investigator stated the structure sustained severe water damage. The Notice of Violation was served on July 25, 2008 to the Respondent, John Mathieu. Twelve (12) photographs, dated July 25, 2008, were introduced, marked as County's Composite Exhibit "A" and admitted into evidence. Attorney Kelsky stated the Respondents have been involved in litigation for the past year, and eight parties are involved. The Special Magistrate and Attorney Kelsky discussed the re-hearing period and options available in the event demolition cannot occur by January 17,2009. The Special Magistrate explained the fine would accrue if the deadline was not met, but would not be assessed until the County filed a Motion for Imposition of Fines. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and were ordered to obtain a Collier County 5 16 tler~,18 ' Demolition Permit, all required inspections, and a Certificate of Completion on or before January 17, 2009 or aflne 0/$250.00 per day will be imposed/or each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.52 on or before January 17, 2009. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. V. PUBLIC HEARINGS B. Hearings: 6. Case # PR 000391 - BCC vs. Roberson Escarment (The Respondent's first name was corrected to Robe!!son.) The Hearing was requested by the Respondent who was present. Collier County Park Ranger Kurt A.raquistain was also present. Violation(s): Code of Laws and Ord., Chap. 246, Article II, Sec. 246-28 (B)(7) Walking dog in park Violation Address: Golden Gate Community Park The Respondent stated his religious beliefs did not allow him to "swear" and affirmed the truthfulness of his testimony. The Respondent stated he often walked his dog in the park without incident. He had been observed by Collier County Sheriffs and Park Rangers on other occasions and had not been issued a Citation. The Park Ranger stated a sign, posted at the entry to the Park, visually indicated dogs were not allowed within the Park and further stated the restriction is always enforced, not selectively. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a cMlfine in the amount of $30.00, together with an administrative fee of $5.00, on or before January 17, 2009, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before January 17, 2009. 6 161 q 1 D tober 17, 2'6T>8 Total amount due: $85.00 2. Case # PR 002854 - BCC vs. Mark Gildea The Hearing was requested by Collier County Park Ranger Roger Rieck who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Failure to affix beach parking permit to vehicle Violation Address: Marco South Access The Notice of Hearing was sent via Certified Mail on October 2,2008 and delivery was confirmed by the U.S. Postal Service. The Special Magistrate stated the Respondent sent an undated letter of explanation stating he resides in Massachusetts and would not return to the Naples area until the fall. The Respondent's letter was marked as Respondent's Exhibit "I" and admitted into evidence. The Park Ranger stated individuals buying beach parking permits are advised of proper placement on their vehicles at the time of purchase. The Respondent's vehicle did not display the permit in the proper location. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civilfine in the amount of $30.00, together with an administrativefee of $5. 00, on or before November 17, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before November 17, 2008. Total amount due: $85.00 4. Case # PR 040890 - BCC vs. Julius Troiani The Hearing was requested by Collier County Park Ranger Cynthia Gaynor who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Failure to pay meter Violation Address: Vanderbilt Beach Street The Special Magistrate noted the Respondent's previous Request for a Continuance had been denied. 7 1 6 J loctob~ 1 J008 The Notice of Hearing was sent via Certified Mail on October 2, 2008 and delivery was confirmed by the U.S. Postal Service. The Investigator stated the parking meter had expired and the owner was identified through the vehicle's license plate. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civiljine in the amount of$30.00, together with an administrativefee of $5.00, on or before November 17, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50.00 on or before November 17,2008. Total amount due: $85.00 5. Case # PR 040704 - BCC vs. Glenn Maddock The Hearing was requested by Collier County Park Ranger Cynthia Gaynor who was present. The Respondent was not present. Violation(s): Ord. Sec. 130-66 Failure to pay meter Violation Address: North Gulfshore The Notice of Hearing was sent via Certified Mail on October 2, 2008 and delivery was confirmed by the U.S. Postal Service. The Investigator stated the street parking meter had expired and the owner was identified through the vehicle's license plate. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to pay a civiljine in the amount of$30.00, together with an administrativefee of $5. 00, on or before November 17, 2008, unless altered by a subsequent Stipulation or Order of the Special Magistrate. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $50. 00 on or before November 17, 2008. Total amount due: $85.00 9. Case # CEAU 20080001226 - BCC vs. Jose de Jesus and Gloria Garcia The Hearing was requested by Collier County Code Enforcement Investigator Renald Paul who was present. The Respondents were not present. 8 16 I 1 ~to!r 17, 2008 Violation(s): Florida Building Code, 2004 Edition, Sec. 105.1 Failure to obtain Certificate of cornpletion for fence permit #2006020489 Violation Address: 1842 48th St. SW, Naples, 34116 A Stipulation was entered into on October 14, 2008 by the Respondents. The Investigator stated the violation had been abated and the Operational Costs of $117.52 were paid. Finding the Notice of Hearing was properly served, andfinding the violations did exist but were CORRECTED prior to the Hearing, the Respondents were found GUILTY of the alleged violation. Operational Costs of $117.52 had been paid. 11. Case # CEPM 20080009793 - BCC vs. Alel!:ro Owens and Lillie Bell Owens The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondents were not present. Violation(s): Code of Laws and Ord., Article VI, Sec. 22-231, Sub(s), 1-5,9-11, 12B, 12C, 12I-12P & 20 Abandoned and unsecured mobile home maintained in deteriorated condition. Violation Address: 304 Rose Ave., Immokalee, 34142 (NOTE: The Investigator added Subsection 19 to the violations.) The Notice of Violation was posted at the property and the Courthouse on June 30, 2008. The Notice of Hearing was sent via Certified Mail on October 2, 2008. The Investigator introduced the following County Exhibits which were marked and admitted into evidence: . Composite "A" - 7 photographs dated June 17,2008 . Composite "B" - 2 photographs of Notice of Violation posting dated June 30, 2008 . Composite "C" - I 0 photographs dated October 15, 2008 . Composite "D" - 2 photographs of Notice of Hearing posting, dated October 2, 2008 The Special Magistrate noted the Respondents had not responded to the Notice. Finding the Notice of Hearing was properly served, the Respondents were found GUILTY of the alleged violation(s) and ordered to either repair the violations by hiring afully licensed General Contractor to obtain all required permits, related inspections and afinal Certificate of Completion, OR completely demolish the structure by hiring a fully licensed General Contractor to obtain a Collier County 9 16; 1 81 October 17,2008 Demolition Permit, all required inspections and a Certificate of Completion, all on or before November 17,2008, or ajine of $250. 00 per day will be imposedfor each day the violation remains thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondents have not complied by the deadline, the County is authorized to abate the violation by contractor bid-out to demolish the structure, and assess the costs to the Respondents. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondents were ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $118.22 on or before November 17, 2008. The Respondents are to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. 12. Case # CEPM 20080010842 - BCC vs. Dorothv Johnson The Hearing was requested by Collier County Property Maintenance Specialist Joe Mucha who was present. The Respondent was not present. Violation(s): Code of Laws and Ord., Article VI, Sec. 22-231, Sub(s).2-5, 8-11, 12B, 12C, 12I-12M, 120, 12P, 12R, 19 & 20 Rental property with several Minimum Housing Violations to include, but not limited to: no hot water supply, no water heating facilities, no heating equipment, electrical outlets & lights not in good working order Violation Address: 1888 Airport Rd. S., Naples, 34112 The Investigator introduced the following photographs which were marked as County's Exhibits and admitted into evidence: . Composite "A" - 25 photographs, dated July 15,2008 . Composite "B" - [stated] 11 [actual count: 12] photographs, dated October 15,2008 The Notice of Hearing was sent via Certified Mail on October 2,2008 and delivery confirmation was provided by the U.S. Postal Service. The Notice was also posted at the property and the Courthouse on October 3,2008. On July 17,2008, the Investigator personally served the Notice of Violation and the Property Maintenance Report upon the Respondent's son. He further stated a Lis Pendens had been filed against the property by the previous owners. Cpl. Mike Nelson, Collier County Sheriffs Office, stated the property is near St. Matthew's House, a horneless shelter, and individuals who were not accepted at the shelter (due to possession of alcohol) stayed at the abandoned mobile home. 10 oAoVIJ. 1 6 locilber[;J, i08 On October 16,2008, the owner submitted a Boarding Permit Application to Code Enforcement. Finding the Notice of Hearing was properly served, the Respondent was found GUILTY of the alleged violation(s) and ordered to board the entire structure by obtaining a Collier County Boarding Permit on or before October 24, 2008 or a fine of $250. 00 per day will be imposed for each day the violation remains thereafter. The Respondent was further ordered to either repair the items cited in the Property Maintenance Report dated July 15,2008 by hiring afully licensed General Contractor to obtain all required permits, related inspections and a final Certificate of Completion, OR completely demolish the structure by hiring afully licensed General Contractor to obtain a Collier County Demolition Permit with required inspections and a Certificate of Completion, all on or before December 17, 2008, or afine of $250. 00 per day will be imposedfor each day the violations remain thereafter, unless altered by a subsequent Stipulation or Order of the Special Magistrate. If the Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out to demolish the structure and remove the debris to an appropriate disposal facility. All costs for abatement will be assessed to the Respondent. Ifnecessary, assistance may be requestedfrom the Collier County Sheriff's Office. The Respondent was ordered to pay the Operational Costs incurred by Code Enforcement during the prosecution of this case in the amount of $117.96 on or before November 17, 2008. The Respondent is to notify the Investigator within 24 hours of a workday to concur the violation(s) had been abated. RECESS: 11:20 AM RECONVENED: 11:44 AM V. PUBLIC HEARINGS C. Emergency Cases: 1. Case # CO-00I92 CEVFH 20080007320 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-51(A), 142-58(F)(4) It 1h 181 October 17,2008 Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination The Special Magistrate noted the cases (CO 00192-00197) were initially heard on September 19,2008 and continued to October 3, 2008. The Special Magistrate stated the issue raised by Respondents Clean Ride Limo, Inc., Bobby D. Calvert, and Neil Walmsley was whether or not the County's Ordinance applied to DOT-licensed commercial vehicles for hire. During the October 3rd Hearing, the Special Magistrate granted the County's "Request for Continuance" and ruled the Attorneys were to submit legal position papers [Memorandum of Law] via email by October 13, 2008. The Attorneys were to decide and notify Code Enforcement on October 16, 200S whether or not to add the cases to the October 17,2008 Hearing Agenda. There was a discussion concerning the documents submitted by each Attorney. The Special Magistrate stated the parties could reference the subrnittals, if necessary, during the proceeding. The Respondent's position was heard first. Attorney Perkins stated Collier County's Vehicle-for-Hire Ordinance regulates certain vehicles for hire, but commercial motor vehicles are exempt from the Ordinance if a vehicle is operated by a driver holding a commercial driver's license with a passenger endorsement. The seating capacity of a vehicle determines its classification, e.g., if a vehicle seats 15 or less, it is not considered to be a "commercial" vehicle. Commercial vehicles are regulated by the U.S. Department of Transportation and Florida Department of Transportation ("DOT"). DOT issues a number to the company that must be displayed on each commercial vehicle. The number allows DOT to track cornpliance with its regulations including provisions for insurance coverage, routine scheduled inspection reports, and drivers' records. DOT conducts spot-checks of commercial vehicles to verify compliance for vehicles under its jurisdiction. Due to the extensive regulation by DOT, Collier County created an exception to the Vehicle for Hire Ordinance. The purpose of the Ordinance was to assure that vehicles for hire were safe for public use and carried proper insurance coverage. The Ordinance was drafted, in part, by Assistant County Attorney Tom Palmer. The transcripts referenced in the Respondents' Memorandum of Law were: . PV AC Meeting Transcript dated September 11, 2001 (verbatim transcript) . PV AC Meeting Transcript dated April 10, 2002 (verbatim transcript) t2 1611 B JOber 17,2008 The Special Magistrate stated she would take Judicial Notice of the documents. Attorney Perkins stated during the 2001 PV AC Meeting, the previously standing Ordinance was amended, i.e., definitions were changed and items added. During the 2002 Meeting, issues were reviewed and revised. He referred to the PV AC Meeting Minutes, dated April 10, 2002, at page 52 [See: Pages 5 and 6, the Respondents' Memorandum of Law] and quoted Ms. Pat Baisley concerning regulation of buses and Code Enforcement Director Michelle Arnold concerning exemptions to the Ordinance. On Page 7 [Memorandum], he quoted Assistant County Attorney Palmer regarding Federal authority. Mr. Palmer stated the County's primary concern was to determine ifthe vehicles were "good vehicles with proper insurance. " He stated Collier County decided to regulate vehicles carrying 15 passengers or less, while allowing other governmental agencies and/or laws to regulate commercial vehicles carrying more than 15 passengers. Cited: Fla. Stat. ~ 322.41 - Local issuance of Drivers' Licenses prohibited: "Any person issued a driver's license by the department may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to by county, municipality, or other local board or body having authority to adopt local police regulations to obtain any other license to exercise such privilege." [See: Page 14 of the Respondents' Memorandum of Law] He stated commercial vehicles are regulated by the Department of Transportation and a driver must obtain a Commercial Driver's License ("CDL") in order to legally operate a commercial vehicle. Iftransportation of passengers is involved, the CDL must also contain a passenger endorsement. Code Enforcement's interpretation: To operate a commercial vehicle in Collier County, a driver must obtain a Collier County license in addition to a CDL. Attorney Perkins stated the intent to the Ordinance was to exclude commercial vehicles regulated by other governmental agencies from supplemental regulation by Collier County. He stated DOT issues a registration number that must be displayed on a commercial vehicle; DOT does not issue a license. The Special Magistrate asked if the Respondents' argument was that the registration process brings the drivers under the jurisdiction of DOT. Attorney Perkins stated the vehicle's seating capacity determines whether it falls under DOT's jurisdiction and compliance with its regulations. 13 16 i 1 ~ctlr 17, 2008 There was discussion concerning DOT's regulations: a new for-hire company is required to complete a Motor Carrier Application for DOT Number and supply information concerning the size and types of vehicles to be operated and the type of business to be conducted, e.g., passenger transportation versus transportation of agricultural materials or hazardous materials, etc. Clean Ride Limo, Inc. is authorized to carry passengers. Also discussed was whether DOT has the authority to conduct criminal background checks. DOT is concerned about crimes relating to the operation of a vehicle such as DUI/manslaughter. Attorney Perkins questioned whether Collier County has the authority to conduct a criminal background check. Cited: Fla. Stat. ~ 125.581 - Certain local employment registration prohibited: "(1) Except as authorized by law, no county or municipality shall enact or enforce any ordinance, resolution, rule, policy, or other action which requires the registration or background screening of any individual engaged in or applying for a specific type or category of employment in the county or municipality or requires the carrying of an identification card issued as a result of such registration or screening, whether or not such requirement is based upon the residency ofthe person. However, an ordinance that regulates any business, institution, association, profession, or occupation by requiring background screening, which may include proof of certain skills, knowledge, or moral character, is not prohibited by this section, provided that such regulation: (a) Is not preempted to the state or is not otherwise prohibited bylaw; (b) Is a valid exercise ofthe police power; (c) Is narrowly designed to offer the protection sought by the county or municipality, and (d) does not unfairly discriminate against any class of individuals. (2) This act shall not be construed to prohibit any employer, including a local government, from investigating the background of employees or prospective employees or frorn requiring employees to carry an identification card or registration card." Collier County issues special licenses in order to drive for-hire vehicles carrying passengers while Fla. Stat. ~ 322.41 states local government cannot issue drivers' licenses or impose other restrictions. He stated Collier County's argument contains statutory weaknesses. t4 81 16 j 1 October 17 2008 , He questioned Collier County's concern for the types of vehicles, SUVs, and not for other types of vehicles such as rectangular vehicles. A bus, which is a 38+ passenger vehicle, is not regulated by the Ordinance. He stated the County appears to be primarily concerned with SUV-shaped vehicles, i.e., the 26 passenger Hummer and the 28 passenger Escalade. The Special Magistrate reiterated vehicles with a carrying capacity of more than 15 passengers are regulated by DOT and the State of Florida. Attorney Perkins stated the County cited Fla. Stat. ~125.01(1)(n) for authority to regulate limousines for hire. [See: Page 13, Memorandum of Law]. He pointed out the vehicles listed were taxis, jitneys, limousines for hire, rental cars and other passenger vehicles for hire but the Statute did not refer to commercial vehicles. The Hillsborough County Public Transportation Commission was given authorization by the Florida Legislature, in 2001, to regulate certain vehicles for hire, and the passenger capacities for each category were clearly defined. [See: Page 12, Memorandum of Law]. Local jurisdiction applies to vehicles with capacity of 15 passengers or less. Attorney Perkins stated by removing the seating capacity lirnit from the definition of "limousine," Collier County confused the issue while trying to cover a perceived gap in the Ordinance. The intention of the drafters of the Ordinance was not to regulate vehicles already regulated by DOT. Assistant County Attorney Palmer stated: "... If we're - if there's this unregulated area here that nobody 's doing it and we kind of do it by default because we're interested in seeing to it that when people being carried around vehicles that their - that their - that vehicles are adequate and at least somebody's looking the vehicles are adequate and the insurance is in place." [PV AC Minutes, April 10, 2002, at Page 56.] The exception in the Ordinance states if vehicles are regulated by another agency, they do not fall under the jurisdiction of Collier County. Vehicles operated by a childcare facility are regulated under the Childcare Laws, not by the County. He stated if the County intended to regulate large capacity vehicles, such as buses, the Ordinance should have been revised to eliminate exemption. The 2001 and 2002 PV AC Minutes stated the County does not regulate vehicles. He stated the County has changed its interpretation and cited the Respondents with approximately $4,500 in fines because DOT's registration numbers are not considered to be a license, as in a paper license. Black's Law Dictionary defines "license" as: "A right granted which gives one permission to do something which he 15 1 6 I tto~r lZ008 could not legally due absent such permission; leave to do a thing which the LICENSOR (the party granting the license) could prevent. Generally speaking, [it] means a grant of permission to do a particular thing, to exercise a certain privilege, or to carry on a particular business or to pursue a certain occupation." Attorney Perkins stated DOT's permission is revocable. If Clean Ride Lirno, Inc. operates unsafe vehicles, DOT can revoke its registration number and close down the business. If certain driving-related crimes are committed, the Florida Department of Highway Safety and Motor Vehicles can revoke a driver's license. Clean Ride Limo was granted a revocable permission to operate. He stated Assistant County Attorney Palmer, PV AC Chairman Pease, Vice Chairman Pat Baisley, and Code Enforcement Director Michelle Arnold decided when the I Ordinance was amended that if DOT covered comrnercial vehicles, Collier COUl}ty did not need to do so. That particular provision of the Ordinance has not been amended in the past six years. He asked if the County was so concerned, why are rectangular-shaped vehicles not regulated? Why would the Ordinance cover a 26-passenger vehicle but not a 38- passenger since both are in the same class of vehicle? He noted the County is apparently not concerned with bus-shaped vehicles. He concluded by asking the Special Magistrate to find the Respondents not guilty of the violations. He further stated the severity of the violations for three Citations wouldforever bar Clean Ride Limo, Inc. from operating in Collier County. The penalty does not equate with Assistant County Attorney Palmer's statement that the County's goal was to ensure for-hire vehicles were good, clean, safe, properly insured vehicles. The Special Magistrate asked if all six cases emanatedfrom one incident or if different dates were involved Investigator Crowley statedfive of the cases originated on May 9, 2008 and the sixth case originated on May 10, 2008. The County presented its position. Assistant County Attorney Marjorie Student-Stirling stated it was her understanding at the September meeting Clean Ride was supposed to bring its license and provide information regarding what it was authorized to do. Clean Ride provided only a copy of the renewal application for the Florida DOT registration number and a statement attested to by a Florida DOT representative. The Special Magistrate stated her intent was for Mr. Calvert to present whatever documentation was available to support the general representation made during the September 19th Hearing. t6 1611 81 October 17,2008 [Special Ma!!:istrate Minutes. September 19. 2008: "The Special Magistrate ruled the Case would be CONTINUED. The Respondent was ordered to produce documentation from the State of Florida identifying the activities authorized under the license by September 24, 2008, and provide it to Code Enforcement. Code Enforcement was required to provide its documentation to the Respondent by September 29, 2008. '1 Attorney Stirling stated the County's response confirmed the Ordinance does provide sorne exemptions if a license is produced. She contacted Lieutenant Jeff Frost, Public Information Officer, Motor Carrier Compliance Office, Florida DOT, who stated: "The Florida DOT number is a registration with the State, the purpose of which is to enable the State of Florida Department of Transportation to track compliance with the Code of Federal Regulation's requirements made applicable to intrastate commercial motor vehicles pursuant to ~ 316.302(1 )(b) of Florida Statutes." The definition of a U.S. DOT nwnber was obtained from the U.S. Department of Transportation's website: "A U.S. DOT nwnber serves as a unique identifier when collecting and monitoring a company's safety information acquired during audits, compliance reviews, crash investigations, and inspections." Attorney Stirling stated the website did not refer to a DOT number as a "license." She further stated the County's regulation of public vehicles extends beyond Florida DOT's regulations: . Alcohol and drug testing . Certificate of Safety . Quality of drivers including physical condition and whether or not there is evidence of substance abuse . Hours drivers are pennitted to operate - instances of driver fatigue . Equipment on the vehicle and emergency equipment carried She cited to the Code of Federal Regulations ("C.F.R.") 49 C.F. R.393: . Parts and accessories for safe vehicle operation 49 C.F.R. 395: . Hours of service for drivers 49 C.F.R. 396: . Inspections, repairs and maintenance of the vehicles 17 16 I lcto~r J2008 49 C.F.R. 397: · Transportation of hazardous materials (which is not applicable to the case being heard) Collier County's Ordinance also encompasses: . Esthetic requirements . Requirements for passenger comfort and safety (vehicle interior) . Requires drivers to obtain yearly-renewal LD. cards . Backgrounds checks are conducted including mental health history as well as a criminal background check (as described in the Ordinance) She stated the County-issued LD. is not a Drivers' License because only the State can issue a Drivers' License. She further stated Fla. Stat. ~322.57 requires drivers to pass an examination testing hislher actual knowledge of the safe operation of commercial vehicles as well as a road test ofhislher driving skill. The County's PV AC Ordinance resulted from concern for the background of the driver in an effort to protect the individual passengers in such vehicles. The Special Magistrate noted Attorney Perkins had previously cited Fla. Stat. ~125.581 and asked Attorney Stirling if the County was arguing it came under one of the exceptions in the Statute regarding background screening. Assistant County Attorney Stirling cited from the Statute: " ... However, an ordinance that regulates any business, institution, association, profession, or occupation by requiring background screening, which may include proof of certain skills, knowledge, or moral character, is not prohibited by this section, provided that such regulation: (a) Is not preempted to the state or is not otherwise prohibited bylaw; (b) Is a valid exercise of the police power; (c) Is narrowly designed to offer the protection sought by the county or municipality, and (d) Does not unfairly discriminate against any class of individuals. Ms. Stirling stated: . moral character is an issue of concern, . the County's Ordinance is not preempted by the State, . the Ordinance is a valid exercise of the police power because the County has an interest in protecting passengers to avoid situations where exiting the vehicle would be difficult, making the passengers "prisoners in a moving vehicle," . the Ordinance is narrowly defined to offer the protections sought by the 18 1. r; i," ,; (1).. ',--,'; II 81 October 17, 2008 County, specifically to examine the backgrounds of drivers of vehicles for hire, . the County's Ordinance does not unfairly discriminate against any class of individuals. The Special Magistrate requested the specific provision regarding Item (c). The types of crimes were outlined in Section 142-37(c) of the County's Ordinance: . moral turpitude types of crimes, . sexual/physical abuse of children, the elderly, and disabled individuals, . pornography, . sale and/or possession of controlled substances, . the Racketeering Act, . driving while intoxicated or under the influence of drugs/alcohol, . reckless driving, . indecent exposure of sexual organs, . murder, . manslaughter, and . kidnapping. Attorney Stirling noted there are some apparent limitations. She further stated: "The Special Magistrate is without jurisdiction to hear any statement, argument, or evidence alleging any revision of a County Ordinance as unenforceable due to conflicts with the United States Constitution or the Florida Constitution, Florida Statutes, administrative agency regulations, or other County Ordinances or Court decisions." The Special Magistrate stated she would not rule on whether or not a law was Constitutional. The reason for the Hearing was to determine whether or not the Respondents are under the jurisdiction of the County's Ordinance. Attorney Stirling pointed out the Respondent allowed thirty days to elapse after the Citation was issued. He did not serve notice that he was contesting the Citation and he did not pay the fines. She stated the purpose of the September 19th Hearing was to request the imposition of fines and liens against the company. Investigator Crowley stated a decision was made to place the matter on the Special Magistrate's Agenda for a judgment in the amount of the face value of the Citations. The Special Magistrate noted Code Enforcement had the ability to assess the fines without the necessity of a hearing. By placing the matter on the Hearing Agenda, Code Enforcement opened up the matter for a ruling by the Special Magistrate. She stated the parties were entitled to appeal the decision and allowed thirty days after the Order was issued to begin the appeal process. 19 16 lIB 1 October 17, 2008 Attorney Perkins stated Respondent Calvert faxed his written objections to the violations outlined in the Citations to Code Enforcement explaining he/his company was regulated by DOT and Investigator Crowley admitted receiving the document. He further stated the CDL with passenger endorsernent allows Mr. Calvert to driver passengers on Florida's streets and highways. He cited Fla. Stat. ~ 322.41, stating no other governmental entity or local board can require him to obtain an additional license. He maintained the Collier County Driver's ID card was, in fact, a license because it was a "revocable permission," and the State/DOT-issued CDL preempts the need for any other license. A CDL allows a driver to transport passengers in a cornmercial motor vehicle and also to drive any car in a class below "commercial." If Mr. Calvert is driving a commercial vehicle carrying more than 15 passengers, he is exempt from Collier County's Ordinance. Ifhe is driving a taxi, he is required to comply with the Ordinance. Ms. Stirling cautioned against a broad interpretation of the exceptions. The Special Magistrate asked Attorney Stirling if the County's argument was inconsistent with Assistant County Attorney Palmer's statements and, if so, how could they be reconciled. Attorney Stirling stated Assistant County Attorney Palmer wrote the Ordinance and was one of the last persons to revise it. In 2001, Attorney Palmer remarked it could "cut both ways." She further stated Florida requires the DOT number, even though it is a federal number, to perform certain intrastate tracking and auditing activities. The Special Magistrate asked Attorney Stirling if the County's position was that its argument was not inconsistent with Mr. Palmer's statements. Attorney Stirling noted his comments about "cutting both ways" and his references to Federal permits throughout the Minutes. She stated it was difficult to determine exactly what was meant from reading a transcript. The Special Magistrate stated the "cuts both ways" comment was unfortunate since it implied whomever was examining the Ordinance could make the decision as to which way it was cutting. She noted while Mr. Palmer may have drafted the new Ordinance, he did not write the original Ordinance. 20 Jl 6 'Jl o(1obJ[17,2008 Attorney Perkins stated Code Enforcement Director Michelle Arnold's cornrnent summed up the Respondents' position, i.e., (paraphrasing) "if it's regulated by someone else, they don't have to be certified by us." [See: Page 6, Memorandum of Law] He referenced Assistant County Attorney. Palmer's statement, "What we're interested in to find if somebody is seeing to it that these are good vehicles with proper insurance." [See: Page 7, Memorandum of Law]. Attorney Perkins stated Mr. Palrner mentioned the phrase "federal permit" only one time. He further stated whichever terms were used, e.g., "license," "permit," or "registration," if there was regulation by another entity, then Collier County's Ordinance would not apply. He asked the Special Magistrate to review the definition of "license" as a revocable permission. He requested the Special Magistrate to consider, if she determined Clean Ride Limo did fall under the Ordinance, the statements of Assistant County Attorney Palmer, PV AC Chairman Pease, Vice Chairman Pat Bailsey, and Code Enforcernent Director Michelle Arnold during the PV AC Meetings would mitigate any fines assessed to Clean Ride and Mr. Calvert because Clean Ride possessed a DOT number. The Special Magistrate stated she will write an opinion after she examined the various cites referenced during the Hearing. She further stated the thirty-day appeal period would not begin until after the Order was issued. She will consider all the information presented and notify the parties by email when the Order is available. 2. Case # CO-00193 CEVFH 20080007285 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) l42-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 851 Gulfshore Blvd. N. as destination (Refer to: Agenda # I, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.) 2\ 16 I 7 B 1 'tlctober 17, 2008 3. Case # CO-00I94 CEVFH 20080007574 - BCC vs. Clean Ride Limo, Inc. The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, SEC.(S) 142-51(A), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without a valid PV AC issued Certificate to Operate a passenger transport business Violation address: 3950 Radio Rd. as destination (Refer to: Agenda # 1, Case # CO-00I92 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.) 4. Case # CO-00I95 CEVFH 20080007692 - BCC vs. Bobbv D. Calvert. The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent was present and represented by his Attorney, Brandon Perkins. Vio1ation(s): Code ofLaws & Ord., Chap. 142, Sec.(s) 142-33(J), 142-37(B), 142-58(F)( 4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Collier Co. Code Enforcement Violation address: 851 Gulfshore Blvd. N. (Refer to: Agenda # 1, Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.) 5. Case # CO-00I96 CEVFH 20080007684 - BCC vs. Neil Walmslev The Hearing was requested by Collier County Code Enforcement Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33(1), 142-37(B), 142-58(F)(4) Operated a vehicle for hire making passenger pickup in Collier Co. without first obtaining a Driver ID issued by Collier Co. Code Enforcement 22 "..-......-~._--~-,._------~_.~.~~._--_._----~~--_._._-- 16/4 81 October 17,2008 Violation address: 851 Gulfshore Blvd. N. as destination (Refer to: Agenda # I, Case # CO-OOI92 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.) 6. Case # CO-00197 CEVFH 20080008631 - BCC vs. Clean Ride Limo. Inc. The Hearing was requested by Collier County Code Enforcernent Vehicle-for-Hire Specialist Michaelle Crowley who was present. Assistant County Attorney Marjorie Student-Stirling was also present. The Respondent, Bobby Dwight Calvert, owner, was present and represented by his Attorney, Brandon Perkins. Violation(s): Code of Laws & Ord., Chap. 142, Sec.(s) 142-33 (J), 142-34, 142-37(B) Allowed/employed Neil Walmsley to operate a vehicle for hire making a passenger pick up in Collier Co. without first obtaining a Driver ID issued by Code Enforcement Violation address: 851 Gulfshore Blvd. (Refer to: Agenda # 1, Case # CO-00192 CEVFH 20080007320 - BCC vs. Clean Ride Limo, Inc.) VI. NEW BUSINESS: A. Motion for Imposition of Fines: NONE VII. OLD BUSINESS: A. Request to forward cases for Foreclosure I Collections: NONE VIII. CONSENT AGENDA: NONE IX. REPORTS: The following information was read into the record in order to obtain closure for the cases: 1. Case # 2007081165 Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing Owner: Teresa G. Oliver & Genevieve C. Zanetti Lien was not recorded, property should not have had lien placed on it, invoice paid prior to Aug. I, 2008 2. Case # CENA 20080001063 23 16 , 1 B ltober 17,2008 Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing Owner: Jorge & Ana Marie Serna Lien was not recorded, owners not responsible for County Abatement invoice. The County vendor abated wrong property. 3. Case # CENA 20080003578 Case Type: Nuisance Abatement Assessment of Lien - August I, 2008 Hearing Owner: Chad Sulkes Lien was not recorded; the case was incorrectly included on the Consent Agenda, invoice was paid prior to Aug. I, 2008 The Special Magistrate confirmed no further action was required. X. NEXT HEARING DATE - November 7, 2008 at 9:00 AM The Hearing will be located at 2800 N. Horseshoe Drive in the Community Development and Environmental Services Building in Conference Room 609-610. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:50 PM. COLLIER COUNTY SPECIAL MAGISTRATE ~('~ re Garretson, Sp' agistrate These Minutes ryere approved by the Special Magistrate on \'{I,)) , 1 \ doc 'b as presented~, or as amended_. 24 16K 3 MEMORANDUM Date: December 24, 2008 To: William E. Mountford Assistant County Attorney From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Settlement Agreement and Mutual Release Attached, please find one (1) copy ofthe agreement referenced above (Agenda Item #16K3), approved by the Board of County Commissioners on Tuesday, December 2, 2008. If you have any questions, please call me at 252-7240. Thank you. Attachments (2) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 K 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original do<:umcnts should be hand delivered to the Board Office. The completed routing slip and original documents are to be Jonvardcd to the 130ard ()fIice only af'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 information needed. If the document is already complete with the excention of the Chairman's sil!nature, draw a line throuoh routinl! lines # 1 throm~h #4, comolete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routinQ: order) 1. William E. Mountford, ACA County Attorney's Office RNZ 12/23/08 for WEM 2. Sue Filson, Executive Manager Board of County Commissioners 3. Minutes and Records Clerk of Court's Office 4. William E. Mountford, ACA County Attorney's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff William E. Mountford Phone Number 252-8400 Contact Assistant County Attorney Agenda Date Item was 12/2/08 Agenda Item Number 16K3 Aooroved bv the BCC Type of Document Settlement Agreement and M uwal Release Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro date. Original document has been signed/initialed for legal sumciency. (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 Otlice and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC otlice within 24 hours of BCC approval. Some documents arc time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 1212/08 (enter date) and all changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. Please return one executed co of the document to William Mountford, ACA WEM Yes (Initial) WEM N/A (Not A Iicable) 2. N/A 3. WEM 4. WEM 5. N/A 6. 7. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26,05, Revised 2.24.05 16K 3 SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter ...0 referred to as the "Agreement and Release') is entered into and made on this ~ day of \)<'(,<'"",-'0(." , 2008 by and between Collier County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and Naples Sunrise Inc., (hereinafter referred to as "Defendant"). WIT N E SSE T H: WHEREAS, County filed a lawsuit against the Defendant in the County Small Claims Court in and for Collier County, Florida, styled Collier County, a political subdivision of the State of FloridB v. Naples Sunrise, Inc., Case No. 08-2803-SC 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 Statement Claim 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. 16K 3 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. 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 One Thousand One Hundred Two and 03/100 Dollars ($1,102.03) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by County, 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, County, on behalf of itself, as well as on behalf of its attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the Defendant, as well as its elected officials, officers, employees, ex- employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obligations of any kind or nature whatsoever that it 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 Statement of Claim in the Lawsuit. 2 16K 3 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. 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 or 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. 3 16K 3 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 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 Court in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, County and the County have signed and sealed this Agreement and Release as set forth below. Date: D~~~2>J., 2bo-~ '" ", ."" ATTEST: . . ~-; DWIGHTEBROCK,6I'erk ~ .~ . ~; ...\ Date: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: \"\, j st II to C1lI' s19f1aturt on.- Date: SUNRISE, INC. S7et/p ~ ~/\//(-#' Print Name 4 16K 3 STATE OF ~ \~"'-\.\...... COUNTYOF '-':,\\\'\.I- THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN NAPLES SUNRISE, INC. AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by ~"UJ'" ~">~'U'\ representative of Defendant, Naples Sunrise, Inc., before me on this \~ day of ~~UN\\:.ut , 2008. ~"'I...~. '\..~:-,,,,,,,-\...,.(' Signa re of Notary Public Personally Known or Produced Identification L ~~-\\\\"'" ':>."\)~u<- Com issioned Name of Notary Public (Please print, type or stamp) My Commission expires: ~ \~\..\~ ""\)~f,.Jr.'.... u.n iU.1. Type of Identification Produced .,,,RYPue ,,0......."0 CYrIDlIA D. DASHER . W. * MY COMMISSION I DO 672578 \:Cp,o' EXPIRES: June 6, 2011 ,'Nnrff- BOIIdedThruBudgetNotalySlrvlcas Approved as to form and legal sufficienc . ..----./ / ~illiam E. untford Assistant County Attorney OB-2B03-SC/22 5 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17 A To: Clerk to the Board: Please place tbe following as a: ~ Nonnallegal Advertisement (Display Adv., Jocation, etc.) o Other: ****************************************************.***************************************************** Originating Deptl Div: Code Enforcement Person: Diane Flagg, Code Enforcement Director Date: 11/18/08 Petition No. (If none, give brief description): An Ordinance of the Board of County Commissioners oteollier County, Florida to regulate tbe parking, storage or use of recreational vehicles. Petitioner: (Name & Address): Name & Address ofany person(s) to be notified by Clerk's Office: (tfmore space is needed, attach separate sheet) Diane Flagg, Code Enforcement Director Hearing before x BCC BZA Other Requested Hearing date: December 2. 2008 (Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (CompJete only if important): ~ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ~ Yes 0 No If Yes, what account should be charged for advertising costs: 111138911 P0#4500100805 ~!t;l'1l1/t, !! /;1/0 r I i\ <try ~ ~ Date ~ List Attachments: DISTRffiUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy aod obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ..........*.....................*..**..***********......****..*.*..*...*.........***.*******.***...*****.** FORCLERK'SOFFICEUSE,?NL~hCc 'r> 1z.1 ."8 .. L, 1,0 Date Received: ~ Date of Public hearing: ~ Date Advertised: ~UO l?A ORDINANCE NO. 08,_ AN ORDINANCE OF mE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT COOE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DA TE. WHEREAS, Chapter 125. Florida Statutes. establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection of the public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCC) directed that the regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development Code (LDC) to the Collier County Code of Laws and Ordinances; and WHEREAS, also at the October 14, 2008 meeting the BCe directed that these regulations be amended to provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as well as to provide for a "streamlined" permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARO OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent The code is hereby considered to remedial and shall be construed and interpreted to secure the public, health and general welfare through the prevention of the long-term open storage of recreational vehicles about the front, and sides of residentially zoned properties. SECTION TWO: Title This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance". SECTION THREE: Applicability This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Definitions When used in this Ordinance, the following words, phrases, or terms shall have the following meanings. unless the content clearly indicates otherwise: I. REAR YARD, CORNER LOT: that portion of the Jot opposite the street with the least frontage. 2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by design) and the street. 3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these vehicles. Pagelof2 17 A 4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to include; RSF-i, RSF-2, RSF-3, RSF-4, RSF-5. RSF-6, RMF6, RMF-12, RMF-16, RT, VR and MH Zoning Districts as well as the single~family and multi-family residential components of Planned Unit Development (PUD) Zoning Districts. SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles 1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yard, Of in a carport, or in a completely enclosed building on a lot where the principal, existing use is a single-family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal, existing use is a single-family residence, multi-family residence or mobile home. 4. Recreational vehicles may be parkcd in the front yard andlor side yard of single-family or mobile home residence other than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as the required permit is obtained from the Collier County Code Enforcement Department SECTION SIX: Permits I, An individual who parks or stores a recreational vehicle in the front or side yard of a single family or mobile home residence for a maximum period of 48 hours within any given 7-day time period must obtain a permit from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier County Code Enforcement Department web-site. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the permit is visible from the street. SECTION SEVEN: This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: Conflict and Severability In the event this Ordinance conflicts with any othcr ordinance of Collier County or other applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shaH not affect the validity of the remaindering portion. SECTION NINE: 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 Ordinance may be renumbered or re~Jettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN: Effective Date This Ordinance shall become effective upon filing with the Department of Statue. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2008. Assistant County Attorney ATTEST DWIGHT BROCK CLERK BY' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY, TOM HENNING. CHAIRMAN Approved as to form and legal sufficiency; r{Y ~l Marjorie Student-Stirling Page 2 of 2 Patricia L. Morgan 17 A From: Sent: To: Subject: Attachments: SerranoMa rlene [MarleneSerrano@colliergov.net) Tuesday, November 18, 2008 2:57 PM Minutes and Records FW: Emailing: ORDINANCE NO.docx ORDINANCE NO.docx <<ORDINANCE NO.docx>> Here is the Ordinance in word format. Marlene Serrano Operations Manager Code Enforcement Department T: 239-252-2487 F: 239-252-3926 Mission Statement" To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" -----Original Message----- From: nievesblanca Sent: Tuesday, November 18,20082:40 PM To: SerranoMarlene Subject: Emailing: ORDINANCE NO.docx The message is ready to be sent with the following file or link attachments: ORDINANCE NO.docx Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 17 A ORDINANCE NO. 08- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLlCABILTlY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection of the public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (Bee) directed that regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development Code (LDC) to the Collier County Code of Laws and Ordinances; and WHEREAS, also at the October 14, 2008 meeting the Bee directed that these regulations be amended to provide additional time for recreational vehicle to be stored or parked on properties within residentially zoned areas as well as to provide for a "streamlined" permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent The code is hereby considered to remedial and shall be construed and interpreted to secure the public, health and general welfare through the prevention of the long-term open storage of recreational vehicles about the front, and sides of residentially zoned properties. SECTION TWO: Title This Ordinance shall be known and may be cited as the "Collier County Parking, storage and Use of Recreational Vehicle Control Ordinance". SECTION THREE: Applicability This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Definitions When used in this Ordinance, the following words, phrases, or terms shall have the following meanings, unless the content clearly indicates otherwise: 1. REAR YARD, CORNER LOT; that portion of the lot opposite the street with the least frontage. 2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by design) and the street. 3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can be tov....ed, hauled or driven and primarily designed as a temporary living accommodation when engaged in recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers. truck campers, camping trailers, self.propelled motor homes, boats, jet skis and trailers used for transporting these vehicles. Page 1 of 2 17 A 4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to include; RSF-t, RSF-2, RSF-3, RSF-4, RSF-5. RSF-6, RMF6, RMF-t2. RMF-t6, RT, VR and Mlt Zoning Districts as well as the single~family and multi-family residential components of Planned Unit Development (PUD) Zoning Districts. SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles 1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed building on a lot where the principal, existing use as a single-family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal, existing use is a single-family residence, multi~family residence or mobile home. 4. Recreational vehicles may be parked in the front yard and/or side yard of single-family or mobile home residence other than on County rights-of-way or right-of~way easements for a period not to exceed 48 hours within any given 7~day time period so long as the required permit is obtained from the Collier County Code Enforcement Department SECTION SIX: Permits 1. An individual who parks or stores a recreational vehicle in the front or side yard of a single family or mobile home residence for a maximum period of 48 hours within any given 7~day time period must obtain a permit from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier County Code Enforcement Department web-site. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the permit is visible from the street. SECTION SEVEN: This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: 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. Ifany court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaindering portion. SECTION NINE: 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 Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section". "article", or any other appropriate word. SECTION TEN: Effective Date This Ordinance shall become effective upon filing with the Department of Statue. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida. this ~day of ,2008. Assistant County Attorney ATTEST DWIGHT BROCK CLERK BY: BOARD OF COUNTY COMMtSStONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Approved as to form and legal Sufficiency; TOM HENNING, CHAIRMAN Marjorie Student-Stirling Page 2 of 2 17 A Patricia L. Mor~an From: Sent: To: Subject: Patricia L. Morgan on behalf of Minutes and Records Tuesday, November 1S, 200S 3:00 PM 'SerranoMarlene' RE: Emailing ORDINANCE NO.docx We will send on the ordinance title as you have attached it below in MSWord. Since our deadline w/NDN is NOW, we will send it right over. Thanks, Trish -----Original Messagem-- From: SerranoMarlene [mailto:MarleneSerrano@colliergov.net] Sent: Tuesday, November 18, 20082:57 PM To: Minutes and Records Subject: FW: Emailing: ORDINANCE NO.docx <<ORDINANCE NO.docx>> Here is the Ordinance in word format. Marlene Serrano Operations Manager Code Enforcement Department T: 239-252-2487 F: 239-252-3926 Mission Statement" To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" -----Original Message----- From: nievesblanca Sent: Tuesday, November 18, 2008 2:40 PM To: SerranoMarlene Subject: Emailing: ORDINANCE NO.docx The message is ready to be sent with the following file or link attachments: ORDINANCE NO.docx Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. NOTICE OF INTENT TO CONSIDER ORDINANCE 17A Notice is hereby given that on Tuesday, December 2, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence 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 TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABIL TIY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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 Chairman, 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 17 A 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: Martha Vergara, Deputy Clerk (SEAL) Acct. #068782 November 18, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Ordinance - Recreational Vehicles (regulating parking, storage, and use of) Dear Legals: Please advertise the above referenced notice on Friday, November 21, 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.#: 4500100805 17 A NOTICE OF INTENT TO CONSIDER ORDINANCE 17 A Notice is hereby given that on Tuesday, December 2, 2008, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence 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 TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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 Chairman, 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 17A 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: Martha Vergara, Deputy Clerk (SEAL) 17 A Martha S. Vergara From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, November 18, 2008 3:35 PM Martha S. Vergara Delivery Status Notification (Relay) Attachments: ATT80946.txt; Ordinance - Recreational Vehicles [j B AlT80946.txt (231 Ordinance - 8) Recreational Vehic." 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 Page I of I Martha S. Vergara l?A From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Tuesday, November 18, 2008 3:56 PM To: Martha S. Vergara Subject: RE: Ordinance - Recreational Vehicles OK From: Martha 5. Vergara [mailto:Martha.Vergara@collierclerk.com] Posted At: Tuesday, November 18, 2008 3:35 PM Posted To: Legals - NDN Conversation: Ordinance - Recreational Vehicles Subject: Ordinance - Recreational Vehicles Legal's, Here is an Ad to be placed. PLEASE SEND AN OK WHEN RECEIVED. Thanks, Martha Vergara Deputy Clerk II - BMR 252-7240 11/18/2008 ORDINANCE NO. 08- 17ft , , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT: SECTION TWO, TITLE; SECTION THREE, APPLICABILTIY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; AND SECTION SIX, PERMITS; SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection ufthe public; and WHEREAS, at its October 14, 2008 meeting the Board of County Commissioners (BCe) directed that the regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development Code (LDC) to the Collier County Code of Laws and Ordinances; and WHEREAS, also at the October 14, 2008 meeting the BCC directed that these regulations be amended to provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as well as to provide for a "streamlined" permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent This Ordinance is hereby considered to remedial and shall be construed and interpreted to secure the public, health and general welfare through the prevention of the long-term open storage of recreational vehicles about the front, and sides of residentially zoned properties. SECTION TWO: Title This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance". SECTION THREE: Applicability This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Definitions When used in this Ordinance, the fol1owing words, phrases, or terms shall have the following meanings, unless the content c1carly indicates otherwise: 1. REAR YARD, CORNER LOT: that portion of the lot opposite the street with the least frontage. 2. REAR YARD, THROUGH LOT: that portion of the lot lying betwecn the rear elevation of the residence (by design) and the street. 3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily dcsigned as a temporary living accommodation when engaged in recreation, camping or travel use. This type of vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these vehicles. 4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to include; RSF-I, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF6, RMF-12, RMF-t6, RT. VR and MH Zoning Districts as wel1 as the single-family and multi-family residential components of Planned Unit Development (rUD) Zoning Districts. Page 1 of 2 17A SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles I. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed building on a lot where the principal, existing use is a single-family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal, existing use is a single~family residence, multi. family residence or mobile home. 4. Recreational vehicles may be parked only on a driveway located within the front yard and/or a driveway located within the side yard of a single-family or mobile home residence other than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as the required permit is obtained from the Collier County Code Enforcement Department. 5. The provisions of this Ordinance shall not affect any deed restriction or restrictive covenant that contains stricter requirements than those set forth herein. SECTION SIX: Permits 1. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway within the side yard of a single family or mobile home residence for a maximum period of 48 hours within any given 7-day time period must obtain a permit from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier County Code Enforcement Department web-site. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the permit is visible from the street. SECTION SEVEN: Effect on Land Devetopment Code This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: 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. Tfany court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaindering portion. SECTION NINE: 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 Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN: Effective Date This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of ,2008. ATTEST DWIGHT BROCK CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BV: BY: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency; /MarjOrie Student-Stirling Assistant County Attorney Page 2 of 2 N~ples Daily Ncws Naples, FL 34102 17 A Affidavit of Publication Naples Daily News ------------------------------------------------.--+------------------------ 153.000 INCH 11/21/08 - - - .- - - - - - - - - - - - - - - - - -- - n - .. ~ - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - Signature of Affiant t.._;U c)f Q~ Sworn to and Subscribed before me this ,R6 #1day of ~ 20~ ~ Personally known by me ~~ BCC/CODE ENFORCEMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 1tI\,-",:.>."_I_;""',.:.,i. la" '-: ,,"""- .',,',. .' .Q~1i REFERENCE: 068782 59543001 1200100805 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, 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 of the attached copy of advertisement; and affiant 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. ',. " ." ..., -- . , ',' . ,,', . ililI - IN 'to . ..clP ~ PUBLISHED ON: 11/21 11/21 """Y''/.'''' /$l:"'''~- ~*: :-i ~~'. ,'~~ 'l'...... ~~; ":tRi.,\\~' NANCYEV ANS Commission DD 657030 Expires July 18, 2011 R(l!ji1ll~ThM,lTroYFain)nsul'!lncea(l()..385-7019 AD SPACE: FILED ON: ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLtt 7 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 Ofticc. The completed routing slip and original documents are to be forwarded to the Board Otlice only after the Board has taken a<..1ion on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. I e document is already complete with the exee tion oflhe Chairman's si nature: draw a line thrau h routin lines # I thrau #4, com tete the checklist, and fa ard to Sue Filson line#5 . Route to Addressee(s) Office In 'als List in routin order PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created"prepared the executive summary. Primary contact information is needed in the event one oflhe addressees above, inclu:1ing Sue Filson, need to cmtact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BeC has acted to approve the item.) Name of Primary Staff Marlene Serrano Contact Agenda Date Item was A roved b the BCC Type of Document Attached I. Diane Flagg Code Enforcernent 2. Joe Schmitt CDES 3. 4. 8 ~JlY'\" 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office Phone Number Agenda Item Number Executive Summary - Recommendation to adopt Ordinance pertaining storage, parking and use of recreational vehicles. Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages 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 BeC Chainnan and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the Bee on 1 :> 'jloo (enter date) and all changes made during the meeting have been incorporated m the attached document. The Count Attorne 's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. I~llo O~ 252-2487 17 C(jJ N/A ~ ?J 1: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised ].26.05, Revised 2.24.05 17A EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners to adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles to be included in the Collier Connty Code of Laws and Ordinances pursuant to Board Direction. OBJECTIVE: That the Board of County Commissioners adopt the attached Ordinance pertaining to the Storage, Parking and Use of Recreational Vehicles into the Collier County Code of Laws and Ordinances pursuant to Board Direction. CONSIDERATIONS: At its October 14,2008 meeting, the BCC upon staffs request voted to adopt the attached Ordinance pertaining to the storage, parking and use of recreational vehicles into the Collier County Code of Laws and Ordinances and removing it from the Land Development Code. Additionally, this provision has been amended to allow the parking of recreational vehicles in front andlor side yards of certain residentially zoned properties for one 48 hour period within a given 7-day time period. A provision for expedited permitting and requirements for the display of the permit has also been added. The LDC amendment will need to be accomplished through the separate LDC amendment process. Therefore, a provision has been added making it clear that the Ordinance controls over the LDC provision. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This Executive Summary will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed by the County Attorney's Office and is legally sufficient for Board action. This item is legislative and not quasi-judicial. This item requires a simple majority vote. (MMSS) RECOMMENDATION: That the Board of County Commissioners adopt the proposed Ordinance pertaining to storage, parking and use of recreational vehicles to be included in the Collier County Code of Laws and Ordinances. PREPARED BY: Marlene Serrano, Code Enforcement Department Operations Manager. Rev 12/06 ORDINANCE NO. 08- 64 17A AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO REGULATE THE PARKING, STORAGE OR USE OF RECREATIONAL VEHICLES BY PROVIDING FOR: SECTION ONE, PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION THREE, APPLICABILTlY; SECTION FOUR, DEFINITIONS; SECTION FIVE, LIMITATIONS ON PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION SIX, PERMITS: SECTION SEVEN, EFFECT ON LAND DEVELOPMENT CODE PROVISION REGULATING PARKING, STORAGE AND USE OF RECREATIONAL VEHICLES; SECTION EIGHT, CONFLICT AND SEVERABILITY; SECTION NINE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND SECTION TEN, EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection of the public; and WHEREAS, at its October 14,2008 meeting the Board of County Commissioners (Bee) directed that the regulations concerning the parking, storage and use of recreational vehicles be moved from of the Land Development Code (LDe) to the Collier County Code of Laws and Ordinances; and WHEREAS, also at the October 14, 2008 meeting the Bee directed that these regulations be amended to provide additional time for recreational vehicles to be stored or parked on properties within residentially zoned areas as well as to provide for a ;'streamlined" permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Purpose and Intent The code is hereby considered to be remedial and shall be construed and interpreted to secure the public, health and general welfare through the prevention of the long-term open storage ofrecreational vehicles about the front, and sides of residentially zoned properties. SECTION TWO: Titt. This Ordinance shall be known and may be cited as the "Collier County Parking, Storage and Use of Recreational Vehicle Control Ordinance". SECTION THREE: Appticahility This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Definitions When used in this Ordinance, the [allowing words, phrases, or terms shall have the following meanings, unless lhe content clearly indicates otherwise: I. REAR YARD, CORNER LOT: that portion of the lot opposite the street with the least ffontage. 2. REAR YARD, THROUGH LOT: that portion of the lot lying between the rear elevation of the residence (by design) and the street. 3. RECREATIONAL VEHICLE: a vehicular type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as a temporary living accommodation when engaged in recreation, camping or travel use, This type of vehicle includes but is not limited to travel trailers, truck campers, camping trailers, self-propelled motor homes, boats, jet skis and trailers used for transporting these vehicles. 4. RESIDENTIAL DISTRICTS: a residential zoning district as described in the Land Development Code to include; RSF-I. RSF-2, RSF-3. RSF-4, RSF-5. RSF-6, RMF6, RMF-12, RMF-16. RT, VR and MH Zoning Districts as well as the single-family and multi-family residential components of Planned Unit Development (PUD) Zoning Districts. Page 1 of 2 17A SECTION FIVE: Limitations on Parking, Storage or Use of Recreational Vehicles 1. It shall be unlawful for a recreational vehicle to be used for living, sleeping, or housekeeping purposes when parked or stored in any residential district, or any other location not approved for such use. 2. Recreational vehicles may be stored or parked only in a rear yard, or in a carport, or in a completely enclosed building on a lot where the principal, existing use is a single-family residence, or a mobile home except as provided in Paragraph 4 below. 3. Boats and jet skis may also be stored on davits or cradles adjacent to waterways on lots where the principal, existing use is a single-family residence, multi-family residence or mobile home. 4. Recreational vehicles may be parked only on a driveway located within the front yard and/or on a driveway located within the side yard of single. family or mobile home residence other than on County rights-of-way or right-of-way easements for a period not to exceed 48 hours within any given 7-day time period so long as the required permit is obtained from the Collier County Code Enforcement Department. 5. The provisions of this Ordinance shall not affcct any deed restriction or restrictive covenant that contains stricter requirements than those set forth herein. SECTION SIX: Permits I. An individual who parks or stores a recreational vehicle on a driveway within the front yard or on a driveway within the side yard ofa single family or mobile home residence for a maximum period of 48 hours within any given 7-day time period must obtain a permit from the Collier County Code Enforcement Department. Such permits shall be available on-line at the Collier County Code Enforcement Department web.sitc. 2. Said permit must be affixed to the recreational vehicle. Said vehicle must be parked in such a way that the permit is visible from the street. SECTION SEVEN: This Ordinance replaces and supersedes any similar provision that presently exists in the Collier County Land Development Code. SECTION EIGHT: Conflict and Severability 1n the event this Ordinance contlicts with any other ordinance of Collier County or other applicable law, the more restrictivc shall apply. If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity ufthe remaining portion. SECTION NINE: 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 Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN: Effective Date This Ordinance shall become effective upon filing with the Department of Statue. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this '~fldd~y ofbtUM'DLr .2008 . .'.".. ATTE~l' '.., D'WI~HT BROCK CU';RK.', BY" mm.{rq. ' A.......,...IMal SUi'fi~~I~' - t.... BOARD OF COUNTY JMMISSIONERS ~TY "ORlDA TOM HENNtNG AIRMAN , ~;;d~~-{)r~ Assistant County Attorney Page 2 of 2 17A 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 2008-64 Which was adopted by the Board of County Commissioners on the 2nd day of December, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this lOth day of December, 2008. DWIGHT E. BROCK Clerk of Courts aI1.d"J,::l,i~;r;::~ Ex-officio to Boa.~d"6t": J" _ . County Commission~rS:\.":', D.uu- ~~.O:L. By: Ann Jennejohn,. "'.' Deputy Clerk