Agenda 05/25/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May 25, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
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.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
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 - Reverend Robert Jacobs, Messiah Lutheran Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
1
May 25, 1999
April 27, 1999 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the week of May 23-29, 1999 as National Small Business
Week. To be accepted by Mr. Dan Regelski, Director, and Ms. Suzanne Specht,
Certified Business Analyst, both of Small Business Development Center/Florida
Gulf Coast University, and Dr. Richard Pegnetter, Dean, College of Business,
Florida Gulf Coast University
2) Proclamation proclaiming 1999 as Sprint's 100th Anniversary Year. To be
accepted by Mr. Buddy W. Brunker, Public Affairs Manager/Southern Operations,
Sprint
3) Proclamation proclaiming the month of May, 1999 as Foster Parent Month. To be
accepted by Ms. Kathy Rushing, Program Administrator, Children and Families -
District 8
B. SERVICE AWARDS
1) Bill Finch, Parks & Recreation - 15 Years
2) Sharon Cornelison, PWED - 10 Years
3) Bill Bolgar, Code Enforcement - 10 Years
4) Jack Pfiester, Water - 10 Years
~_.. 5) Barbara Nichols, Library - 5 Years
6) Rodney Michaels, Wastewater - 5 Years
7) Greg Pratt, Pelican Bay - 5 Years
8) Ramon Davila, Solid Waste Dept. - 5 Years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Deputy Sarah Lanius regarding the use of surplus land adjacent to the existing landfill for
the Police Athletic League.
B. Tom Henning regarding a !andfill host fee.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
I) Accept the 1999 Standard Tourism Agreement between Collier County and
Gulf Coast Runners
2) Accept the 1999 Standard Tourism Agreement between Collier County and the
.---- Conservancy of SW Florida, Inc.
2
May 25, 1999
3) Accept the first amendment of the 1999 Standard Tourism Agreement between
.A Collier County and the Marco Island Film Festival, Inc.
4) CONTINUED FROM THE MAY 11, 1999 MEETING. A report to the Board
on the Transportation Element of the Collier County Growth Management
Plan.
B. PUBLIC WORKS
1) Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee simple title interests and/or perpetual, non-exclusive, road
right-of-way, sidewalk, utility, drainage, maintenance and temporary
construction interests by easement for the construction of the Four Laning
Improvements for lmmokalee Road (C.R.846) Project between 1-75 and C.R.
951 CIE No. 08.
2) Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee simple title interests for construction of the initial two-lane
roadway improvements for Livingston Road from lmmokalee Road (C.R. 846)
to a point 0.5 miles south of the Lee/Collier County Line, CIE Project No. 21.
3) Approve authorization for payment for repairs, modifications and equipment
necessary for continued operation of the Naples Landfill.
C. PUBLIC SERVICES
1) Authorization to draw funds from the recently authorized line ofcredit and
""" extend the closing date on the North Naples Regional Park property.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
l ) Approval of a Resolution giving Notice of Intent to Levy the Six Cents Local
Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier
County to be effective September 1, 1999. Companion item to be heard
immediately following Item 12C(4).
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Contractor's Licensing Board.
B. Appointment of members to the Collier County Water and Wastewater Authority.
C. Consideration of termination of employment of County Administrator.
..__ 11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
3
May 25, 1999
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition R-99-3, Geoffrey Purse of Purse Associates, Inc. representing
Golden Gate Inn, requesting to change the zoning classification of a property
from "GC' Golf Course to "C-3' intermediate commercial district. The subject
property is located on the southwest corner of Golden Gate Parkway and
County Road 951 in Section 26, Township 49 South, Range 26 East, Collier
County, Florida. This site consists of 1.81 acres.
C. OTHER
1) An Ordinance of Collier County, Florida, establishing maximum towing fees for
non-consent towing and directly related non-consent storage of towed vehicles;
providing for conflict and severability; providing for inclusion into the code of
Laws and Ordinances; providing a special effective date.
2) THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING.
Recommendation to adopt a new Litter, Weeds, and Exotics Control Ordinance
and to repeal Ordinance 91-47, as amended.
3) Approve an ordinance relating to Park and Recreational facility impact fees.
4) Approval of an Ordinance providing for the imposition and extension of levy of
the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel
fuel sold in Collier County and taxed under the provisions of Chapter 206,
Florida Statutes.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
A. Update on stipulated agreement package to the Department of Community Affairs.
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
4
May 25, 1999
A. To respond to three issues that were raised by the Chairwoman during the presentation
"" of the 1998 Comprehensive Annual Financial Report by the Finance and Accounting
Department and KPMG, LLP, on Tuesday, April 13, 1999.
16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action
will be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Authorization of a 50% waiver/50% deferral of impact fees for one house to be
built by Larry P. Basik and Anita L. Basik in King's Lake, Collier County.
2) Interlocal Agreement for the creation of the Collier County Metropolitan
Planning Organization.
3) Request to approve for recording the final plat of "Tierra Lago It'.
4) Request to approve for recording the final plat of"Pelican Marsh, Unit Twenty-
Five" and approval of the performance security.
5) Request to approve for recording the final plat of "Vanderbilt Country Club-2"
and approval of the Standard Form Construction and Maintenance Agreement
I~--. and approval of the amount of the performance security.
6) Request to approve for recording the final plat of"Cedar Hammock" and
approval of the Standard Form Construction and Maintenance Agreement and
approval of the amount of the performance security.
7) Recommendation to approve Excavation Permit No. 59.694 Otero, Lake 2
Excavation located in Section 5, Township 48 South, Range 38 East: bounded
on the north by vacant lot, on the east by vacant lot, on the south by 56~* Avenue
N.E. R/W and on the west by vacant lot.
8) Authorize a 50% waiver/50% deferral of Impact Fees for one house to be built
by Rafael Morales and Juana Perez in Naples Manor Unit One, Collier County.
9) Approval of a resolution to extend the Lake Trafford Restoration Ad Hoc Task
Force through May 7, 2000 and re-appoint/appoint members.
10) Approval of site alterations exceeding 25 acres for clearing and filling in the
Naples Lakes Country Club Development.
! I) Final acceptance of sewer facilities acceptance for Heritage Links at Naples
Heritage.
12) Request to approve for recording the final plat of"Southport on the Bay, Unit
2B'.
~"' 13) Request to approve ~or recording the final plat of "Naples Lakes Country Club"
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
5
May 25, 1999
14) Request to approve an early work agreement for Cedar Hammock Golf Course
15) Budget amendment for the provision of transportation disadvantaged services.
B. PUBLIC WORKS
1) Recommendation that the Board of County Commissioners approve the
compensation amount for Fiscal Year 2000 as contained herein with Severn
Trent Environmental Services, Inc. to provide for current Contract Manager
Services for the Pelican Bay Services Division.
2) Recommendation that the Board of County Commissioners approve a Work
Authorization under the Pelican Bay Services Division's Current Professional
Engineering Agreement with Wilson, Miller, Barton & Peek in an amount not
to exceed $5,000, to prepare the Preliminary and Final Assessment Roll for the
Non-Ad valorem Assessments for Beautification of Recreational Facilities and
Median Areas, and Maintenance of Conservation or Preserve Areas, U.S. 41
Berms, Street Signage Replacements within the Median Areas and Landscaping
Improvements to U.S. 41 Entrances, all within the Pelican Bay Municipal
Service Taxing and Benefit Unit.
3) Approve Supplemental Agreement No. 8 with Hole, Monies and Associates, Inc.
for the lmmokalee Road Six Lane Improvement Project No. 69101; CIE No. 08.
4) Award a Contract to Florida State Underground, Inc. to construct a Master
Pump Station and Force Main for the connection of Eagle Creek PUD and other
,.._. developments to the Collier County Sewer System, Project No. 73057, Bid No.
99-2928.
5) Request approval to exceed the $25,000 limit on purchase orders for
Ortho/Polyphosphate until a rebid is completed and an award made.
6) Recommendation to approve Mid-year Adjustments to Water Management CIP
Budget (Fund 325).
7) Approve Agreement to reimburse developer oflsland Walk to expenses related
to construction of Stormwater Management Facilities.
8) Consideration of Budget Amendment Appropriating Lawsuit Settlement
Proceeds in the Road and Bridge Fund.
9) Recommendation to Award Bid No. 99-2994 for Activated Carbon.
10) Approve Work Order to Camp Dresser and McKee, Inc. for engineering
services related to updating the Wastewater Effluent Master Plan, Project
74029.
11) Agreement to reimburse the Property Appraiser and Tax Collector for services
rendered for the Golden Gate parkway Water and Wastewater Municipal
Service Benefit Unit.
C. PUBLIC SERVICES
1 ) Approval of sole source purchases from Data Research Associates, Inc.
6
May 25, 1999
2) A request for a permit to conduct three (3) separate carnivals hosted by the
""" Parks and Recreation Department.
3) Approve Summer Food Service Program Grant for lmmokalee and Naples
Summer Recreation participants.
4) Authorize the Collier County School Board to prepare the food for the Summer
Food Service Grant Program.
5) Authorize G.A. Foods to prepare the food for the Summer Food Service Grant
Program while summer school is not in session.
6) Approve An application to the Florida Department of State requesting Historic
Preservation Grant funds to assist with the restoration of the Roberts Ranch in
lmmokalee.
7) Approval for Library to apply for Gates Library Foundation Grant.
8) Authorize staff to proceed with negotiations with Westinghouse Communities
Naples (WCN) to exchange properties located at the County Sea gate beach and
the development previously known as Naples Cay.
9) Approve a Resolution relating to beach parking fee policies and procedures.
D. SUPPORT SERVICES
~ 1) Approval of a Resolution and Lease Agreement between Collier County and
Florida Gulf Coast University for Radio Antenna Space.
2) Authorization to Execute Satisfaction of Lien Documents Filed Against Real
Property for Abatement of Nuisance and Direct the Clerk of Courts to Record
Same in the Public Records of Collier County, Florida.
3) A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens are Satisfied in
Full for the 1991 Solid Waste Collection and Disposal Services Special
Assessments.
4) A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens are Satisfied in
Full for the 1992 Solid Waste Collection and Disposal Services Special
Assessments.
5) A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens Are Satisfied
in Full for the 1993 Solid Waste Collection and Disposal Services Special
Assessments.
6) A Resolution Approving the Satisfaction of Liens for Certain Residential
Accounts Wherein the County Has Received Payment and Liens Are Satisfied
in Full for the 1994 Solid Waste Collection and Disposal Services Special
Assessments.
7) Award of RFP #99-2907, Property and Casualty. Insurance Brokerage Services
to Insurance and Risk Management Services, Inc.
7
May 25, 1999
8) Approve a Budget Amendment to Appropriate the Maintenance Service
~ Revenues for Reimbursement of Operating Expenses.
9) To Authorize the Board Chairwoman to Sign a Memorandum of Understanding
for a Summer Youth Program.
10) To Approve an Interlocal Agreement Between the Board of County
Commissioners as it Relates to the Southwest Florida Job Training Consortium.
11) Approve Emergency Repairs to the Main Government Complex Water System.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report - Budget Amendments 99-256; 99-264
2) A Resolution authorizing the borrowing of an amount not to exceed $6,500,000
from the pooled commercial Paper Loan Program of the Florida Local
Government Finance Commission pursuant to the Loan Agreement between the
Board of County Commissioners and the Commission in order to finance the
acquisition, construction and equipping of an administrative building for the
Collier County Sheriffs Department; authorizing the execution of a loan note
or notes with a covenant to budget and appropriate locally available non-ad
valorera revenues as provided in the Loan Agreement; authorizing the
execution of such other documents as may be necessary to effect such
..-. borrowing, and providing an effective date.
F. BOARD OF COUNTY COMMISSIONERS
G. EMERGENCY SERVICES
1) Approve the budget amendment necessary to pay for impact fee collection cost
payable to Building Review and Permitting.
2) Approve and execute an agreement to provide for a maximum expenditure of
$50,000 from the GAC Land Trust to purchase land and to initiate the design of
an EMS and future Sheriff's Office Substation to be located within Golden Gate
Estates.
3) Creation of Team Collier 2000 Task Force to coordinate Y2K activities
throughout Collier County.
H. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed
i. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners approve a Budget
Amendment in the amount of $325,000 transferring funds from Reserves to
Redemption of Long-Term Debt-Pine Ridge Industrial Park and Naples
~A Production Park Special Assessment Bonds, Series 1993.
8
May 25, 1999
2) Recommendation to approve an increase of Fifteen Sworn Law Enforcement
Officers in the 1998/99 Sheriff's Office Budget for the United States
Department of Justice Three Year COPS in Schools Grant Program.
3) Recommend that the Board of County Commissioners endorse the Collier
County Sheriff's Office Grant Application for continued funding for the State
of Florida, Department of Community Affairs, Anti-Drug Act Formula Grant
Program.
4) Recommend that the Board of County Commissioners endorse the Collier
County Sheriff's Office Grant Application for continued funding for the State
of Florida, Department of Community Affair's Anti-Drug Act Formula Grant
Program.
J. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve the
Stipulated Final Judgment relative to the easement acquisition on Parcel No. 45
in the lawsuit entitled Collier County v. Community Development Corporation of
Soutliwest Florida-Hickory Bay west, et aL, Case No. 94-2934-CA (Bonita Beach
Road Four-laning Project No. 60021)
2) Recommendation to consider a settlement proposal in the case of Bambi
Henderson, et al., vs. Collier County, Case No. 97-3387-CA-01, pending in the
Twentieth Judicial Circuit Court in and for Collier Count3.', Florida.
"" K. AIRPORT AUTHORITY
1) Request Board's approval to pay for expenses associated with the Schedulers
and Dispatchers Trade Show out of the Airport Authority's Tourist
Development Tax Grant
2) Recognize and appropriate additional revenue in the Marco Island executive
airport budget.
3) To recognize an additional grant of $41,000 and increase the !mmokalee T-
Hangar Construction Budget by $82,000.
4) Approve a budget amendment that will recognize an additional grant of
$1 I0,000 and increase the Marco Bland T-Hangar Construction Budget by
$220,000.
5) Recognize and appropriate additional revenue in the Immokalee Regional
Airport Budget.
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 WRI'I'FEN OR ORAL
OB3ECTIONS 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.
9
May 25, 1999
A. Petition PUD-84-11(2) Greg Stuart of Stuart & Associates, representing the Diocese of
Venice, requesting a rezone from "PUD' to "PUD' which will continue to be known as
the Vincentian PUD having the effect of eliminating certain uses: decreasing the land
area for residential and group housing land uses; increasing the residential density
from 3 dwelling units per acre to 4 dwelling units per acre and converting 8.5 acres for
commercial land uses and 11.7 acres for preservation purposes for property located at
the southeast corner of Southwest Boulevard and Tamiami Trail East (U.S. 41), in
Section 32, Township 50 South, Range 26 East, Collier County, Florida; consisting of
30 +/- acres.
B. Petition NUA-99-1, Markiln and Evonne Prescott, requesting approval of a non-
conforming use alteration to replace a mobile home damaged by a fire with another
mobile home in an RMF-6 residential multi-family district. The subject property is
located at 3255 Lunar Street off Bayshore Drive.
C. THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-98-13, R.
Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier
Development Corporation, requesting a rezone from "A' Rural Agriculture to "PUD'
and "PUD" to "PUD' Planned Unit Development to be known as Collier Tract 21,
formerly Beachway PUD, for a golf course and accessory and incidental facilities
including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on
property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying
north of 111'b Avenue and south of the Cocohatchee River, in Section 21, Township 48
South, Range 25 East, Collier County, Florida consisting of 267.44 +/- acres.
D. Petition VAC-99-010 to disclaim, renounce and vacate the County's and the public's
interest in road right of way located within the Cedar Hammock project which was
conveyed to the County by O.R. Book 195, Page 465 and road right of way, utility and
drainage easements conveyed to the County by O.R. Book 240, Page 896, Public
Records of Collier County, Florida, and being located in Section 3, Township 50 South,
Range 26 East.
E. THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22~ 1999 MEETING. PUD-99-
01, William L. Hoover, AICP, of Hoover Planning, representing Daniel R. Monaco,
Trustee and Michael E. Nortman, Development Manager, The Prime Group, Inc.,
requesting a rezone from "A' Rural Agriculture and "PUD' Planned Unit Development
(Mocake PUD and Zurich Lake Villas PUD) to "PUD' Planned Unit Development to be
known as Malibu Lake for a maximum of 732 multi-family dwelling units and
commercial uses for property located on the south side of lmmokalee Road and the east
side of 1-75, in Section 30, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 128.92 +/- acres.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
10
May 25, 1999
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
MAY 2N~ 1999
ADD: ITEM 8(B)(4) - STATUS REPORT ON CONTRACT NO. 97-2771, REMOVAL OF NON-
SPECIFICATION MATERIAL FROM THE NAPLES BEACH. (STAffS REQUEST).
ADD: ITEM 14(B) - AUTHORIZATION FOR THE CHAIRWOMAN TO SIGN A LETTER
REQUESTING A VETO OF SENATE BILL 318 - INTANGIBLES TAX/COUNTY REVENUE
SHARING. (STAFF'S REQUEST).
WITHDRAW: ITEM 16(A)(1) - AUTHORIZATION OF A 50°/dWAIVER/50% DEFERRAL OF
IMPACT FEES FOR ONE HOUSE TO BE BUILT BY LARRY P. BASIK AND ANITA L. RASIK IN
KING'S LAKE, COLLIER COUNTY. (APPLICANT'S REQUEST).
MOVE: ITEM 14(A? TO 8(A)(5~ - THIS ITEM TO BE HEARD HRST UNDER COMMUNITY
DEVELOPMENT SERVICES: UPDATE ON STIPULATED AGREEMENT PACKAGE TO THE
DEPARTMENT OF COMMUNITY AFFAIRS. (STAFF'S REQUEST).
MOVE: ITEM 16(.I)(2~ TO 9(A) - RECOMMENDATION TO CONSIDER A SETTLEMENT
PROPOSAL IN THE CASE OF BAMBI HENDERSON, ET AL, VS. COLLIER COUNTY, CASE NO.
97-3387-CA-01. (STAFF'S REQUEST).
PROCLAA4A TZON
WHEREAS, since 1963, the President of the United States has designored a
week as National Small Business Week in recognitiion of small
business community~ contributions to the American economy ond
sociaf; an~
... WHeReAS, ~he economic bevelopmen~ Council of Collier Count, fhe Unifed
5 fofes Small Business Adminisfrafion, and ofher small business
supporters sponsor special acfivHi~ honorin9 fhe nafion~
enfrepeneurs af fhe local, sfa~e, and national levels,' and,
WHeReAS, fhe 5mall 8usiness bevelopmenf EeRIer, Florido 6ulf Coasf
Universi~, and ~he Service Corps of Retired execu~iv~ (SCORE)
sirire fo provide economic opporfunifies for enfrepreneurs fhrough
business expansion and new business developmeal for small busin~s,'
and,
WHEREAS, fhe Collier and
minori~ program,
on~
WHEreAS, ZO employe~
of businesses in
WHEREAS, to
to create
I
NOW
eg, I999 be
DONE AND ORDERED THIS 25th Day of A4ay, 1999.
BOARD OF COUNTY CO~4A4ISSTONER5
COLLZER COUNTY, FLORIDA
PAMELA 5. MACKIE, CHAIRWOMAN
A rrES T:
AGENDA ITEM
DWZGHTE BROCK, CLERK N,o. ~ /
"' MAY 2 5 1999
Pg. / ,
PROCLAAdA TZOIV
WHEREAS, Sprint bepan in 1899 as Brown Telephone Company in Abi/ene, Kansas,'
WHEREAS, in I00 years, 5print has prawn into o 9lobn/ telecommunicotions
company at the forefront in inteprafin9 local,/on9 d/stance, wireless
nod data communications; nod,
WHEREAS, while Sprint has prawn up, H has never prawn away from its [oco/,
home town too ts," nnd,
WHEREAS, Sprint today provides local service to more than 7 million customers
in 3,000 communities across 18 states,' and,
WHEREAS, 5print has a rich h/story datin9 back to the bepinn/nps of telephony
in Florida 100 years 090,' nod,
W~EREAS, ~nes in Collier Count; and,
W~EREA5, extensive menu of
WgERFA$,
NOW of
to the
DONE AND ORDERED THIS 25th '~ 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MACKZE, CHAZRWOMAN
A TTE5 T:
AGENDA ITEM'
b I, VIGHTE. BROCK, CLERK No. ~ ~
"-, MAY 2 5 1999
Pg.
PROCLAA~A Ti ON
WHEREA,~, on any given day, more than 10,000 children in the State of Florida
are living in foster care,' and,
WHEREAS, foster parents throughout the 5tote of Florida dedicate themselves
to providing foster children with the love and values that help
prepare them for responsible adulthood,' and,
WHEREAS, in the month of Aday, public and private sector agencies, chi/d
advocates, and residents wi// be increasing the public ~ a~reness of
the needs of foster chi/dren and the enduring and va/uab/e
contributions o
NOW of
ted
~his
DONE AND :~ ................... ?,. ~'''''''
t~OARD OF COUNTY COMA4ISSIONEl~5
COLLIER COUNTY, FLORIDA
PAMELA 5. MACKZE, CHAZRWOMAN
ATTEST:
D It/IGHT E. BROCK, CLERK ~ ... ' ......
_
""' L 2 S 1999
COLLIER COUNTY ADMINISTRATOR'S OFFICE
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
May 6, 1999
A CERTIFIED BLUE CHIP COMMUNITY
Deputy Sarah Lanius
Collier County Sheriff's Office
Police Athletic League
Collier County SherifFs Office
3301 E. Tamiami Trail
Naples, Florida 34112
Re:Request for Public Petition - Use of Surplus Land Adjacent to Existing Landfill
Police Athletic League
Dear Deputy Lanius:
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
?-- the meeting of May 25, 1999 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that
the Board will take no action on your petition at this meeting. However, your petition may be placed on a
future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be
to advise them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration
Building (Building "F") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Very ours,
/' Robert ~man~z~'~z~
County Administrator
RFF/bp
Public Works Administrator
Public Services Administrator F{AY 2 5 1999
.. pg.,.
.A4~ril 7~
Mr. gobel~ Fei.'zlad~z - Com~, Ad:mi~s~or
Collier Co'~' Admini:m-'~c~'s
g301 Tamigi TrOt E~
'N~fies, H. 34112
~E: .Altemndve Use- Sm'pltg l~md a~jncen'~ to exisEmg
D~ar 3~'. Fem~dez
'llie Collia' County Sher~s O~ce is f~'mul~ag a ch~ter orate Police Athletic
I.ea~m..Among the procure. PAl. is devcloi~ing one to educ~e th;~ youth in th;~ i~'cger
use o~foffroad motorcycle and all-terr~n vehicles (OHV's). With the help of the
Southwea Florida Tr~l Rides (S1g~X) and local ~-ters. a ~ae day event is being
proposed c~led a
'Pne pm~>se of the ewmt is to rinse ~n& to hel. s~onsc~ PAL t~o~7~s. :[n addition.,
lectures will be conducted explging ~e ow~r~l PZ go~s rel~ed to O1:Fq isles.
~ ~eW, re~o~ibility. ~d re~pect f~ ~e env~ge~ On h~d will be. PAX_ ~md
SW[~ mereberg to demons~ae t~q~er ridig gd ~tety
To ~xifi~e ~e loc~ PiE progm~ we woald l~e s~p~t fi'om file county. Glowi~g
of the ~m?l~ l~d adjacent to tBe eftsting l~tdfiI11~r ~e PAL "Fundm'o" eve~.
'~e Fund~o will c~si~ ofa 1o~ like ~ml. ~ging e~dgg ~ls on the site ~d possibly
addig a li~ted mount of new' connecting h'~ts. in order D crege a contEuot~: loop.
~e members of Pfid. and SWFrR will create ~e looped trail and t~en prq~.~:'!5' mark the
Wail so all ri&~rs '~11 ~aw~l in ~e s~e directi~. (~eck points will ~m placed through
o~t ~,;~ ~ail rammed by evetR organizers and vc, lm~tem's. SWg will {~ovide
PAL is awm'e ~e noise level is a concerrk We will ~d~n' t~e a noise level ::mujy
cm!j~mca~ with ~tx~ SX~r~ dm'ing H.te evenf. in h,.~pes o:Ccontin~ing us~ oflAi:'~
fi~r e~'~V activi~s. 'r[d~ informs:ion vAIl h.= use:~J in di~ ~.~.i...:..,,~ ,?/n...~
'V,:,t.~' ~gsist:iace in ezp'edi~ii.g [Li:: niag,i~r would be
-c', ' ' ~
tve s '~ e c ill i 1 v, ,.
.....
(:,~ i i ier C,.)L~'i'~r S .herill :: O:~:~ c ei[; ,::, i i c ;t Afi'li e'ri c .L~:-
MAY 2 5 ISS9
pg.
..~-- co: Thom;:~ Oliff; Public Servic~ Administrator
Lt. Sco~ St~ef~% Colli~ County Sher~s Oilice
Lt Tom Davis, Collier Co~t~ Sher~s Office
Lt. N~cy Reed, Collier Cou~- Sheri~s Ofice
E~ns Wils~, St~R
Get~'~e Fogg BIS
._," ~
' RECEIVED '
COLLIER COUNTY ADMINISTRATOR'S OFFICE
3301 E. TAMI/uMI TRAIL
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
May 13, 1999
A CERTIFIED BLUE CHIP CO,~fiMUNITY
Mr. Tom Henning
1680 40th Terrace S.W.
Naples, Florida 34116
Re: Request for Public Petition - Landfill Host Fee
Dear Mr. Henning:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of May 25, 1999 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. Therefore,
your petition to the Board should be to advise them of your concem and the need for action by
the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the
Administration Building (Building "F") of the govemment complex. Please arrange to be present
at this meeting and to respond to inquiries by Board members.
If you require any finher information or assistance, please do not hesitate to contact this office.
Very truly yours,
Robert F.
County Administrator
RFF/bp
cc: County Attorney
MAY 2 5 1999
Pg .....
Tom Henning
· ' 1680 40th Terrace SW
Golden Gate. Ft. 34116
Phone 455-9448 "
Fax-455.9566
May 10. 1999
Collier Count' Commissioner Timothv J Contanetine
3301 Tamiami Trail E
Naples FI. 34 112
RE,: Land fill Host Fee
Dear Commissioner.
I am seeking your assistance ib,' mvself to appear bcti>re the Board t~nder Pttblic
Petition to speak on the subject of Landl~ll [&~st Fee. I sec a possibility of filming a
negative in situation in Golden Gate t~ a posi/ix'e ~vind/~ll.
Sincerely.
Tom Hennin~
MAY 2 5 1999
EXECUTIVE SUMMARY
ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF
COAST RUNNERS.
OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development
agreement between Collier County and Gulf Coast Runners.
CONSIDERATIONS: On 4/19/99, the TDC recommended approval (on a 7-1 vote) for $3,400 in funding
for the Naples-on-the-Run 20K event scheduled for September 12, 1999. (Please note: the event had
originally been scheduled for 9/26/99).
This is a standard 1999 tourism agreement.
FISCAL IMPACT: $3,400 is available in Fund 193 from the Tourist Development Tax Fund. A budget
amendment will be required to transfer funds to the project from reserves so remittances can be paid.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners review and accept the 1999 Tourism
Development agreement between Collier County and Gulf Coast Runners., along with the associated budget
amendment, and authclize the Chairwoma to sign the attached agreement.
'1' Helene Case~i~ne ' ' Date
Economic Development Mgr.
Hou' " ~n~;~;ement / ~ate~
APPROVED BY: 7~//~'~///' (.j¢'-c---~-_ ///'2 ?
Vincent A. Cautcro, AICP, Administrator Date
Community Dev. & Environmental Services
MAY g 5 1999
Pg. /
1999 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND
THE GULF COAST RUNNERS CLUB, INC.
REGARDING NAPLES ON THE RUN 20K RACE
THIS AGREEMENT, is made and entered into this __ day of ., 1999, by
and between the Gulf Coast Runners Club, Inc., a Florida corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida. hereinafter
referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for The Naples on the Run 20K race scheduled
for September 12, 1999; and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEEFOE, BASED LIPON THE MUTUAL COVENANTS AND
PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide advertising and promotion of The Naples on the Run 20K race. The
date(s) of the event or activity and the key participants may not be changed without an amend-
ment to this Agreement as provided in Section 17.
2. PAXlkl.flh~: The amount to be paid under this Agreement shall be Three
Thousand Four Hundred Dollars ($3,400.00). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for expenditures incurred for the promotion and advertising
expenses as described in Section 1 upon submittal of an invoice and upon veri~cat: on tn~!~~
N
services described in the invoice are completed or that goods have been received.
MAY 2 5 1999
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or
his designee shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed 'to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof.
4. lX~..~k]~1.C~: GRANTEE is required to submit a Certificate of Insurance
naming Collier County, and its Board of County Commissioners and the Tourist Development
Council as additionally insured. The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General Liability
Insurance for no less than the following amounts: N~o~~
BODILY INJURY LIABILITY $300,000 each claim per person
MAY 2 5 1999
2
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the County Administrator or his designee
within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not
commence promotional and advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY.
5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identify the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of
all vendors and subcontractors.
6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's.
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance protection. N:~"~'-J~- I
3 MAY g 5 1999
8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Perry Silverman, Race Director
Gulf Coast Runners Club, Inc.
P. O. Box 8636
Naples, Florida 34101
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails
to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records and keep tourism funds in a separate checking account. All ' en~e , ev
4 MAY 9, 5 1999
_-~ related to the Agreement should be recorded, and all expenditures must be incurred within the
term of this Agreement.
12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agree-
ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. TERM: This Agreement shall become effective on [date Board
approves] and shall terminate on September 30, 1999. The GRANTEE shall request an
extension of this term in writing at least thirty (30) days prior to the expiration of this Agree-
---_ ment, and the COUNTY may agree by amendment to this Agreement to extend the term for an
additional one year. Any funds not used by GRANTEE during the term of this Agreement and
any extension thereto shall be available for future applicants.
15. EVALUATION OF TOURISM IMPACT: GRANTEE-shall monitor and
evaluate the event identifying the success of the event, explaining how the success and quality
were evaluated, report overall attendance including resident/non-resident attendance and how
attendance information was ascertained. GRANTEE shall provide a written report to the County
Administrator or his designee within sixty (60) days of the date of the event].
16. REQUIRED NOTATION: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
17. AMENDMENTS: This Agreement may only be amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
N1AY ~ 5 J999
5
IN WITNESS WHEREOF, the GRANTEE and 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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC' KIE, Chairwoman
WITNESSES: GRANTEE
GULF COAST RUNNERS CLUB, INC.
.. 7. :/
Printed/Typed Name ' 13 0'
<2> ,,2 ./-;~ , '7-, ~ ?-
d
printed/TypZ~fName c( U:LL6 Printed/Typed Name
Pnnted/Typed Title
(corporate seal)
Approved as to form and
legal sufficiency
Heidi F. 'Adhton
Assistant County Attorney
h:hg\hfa\99TDC/1999 GULF COAST RUNNERS CLUB, INC.
EXHIBIT "A"
THE GULF COAST RUNNERS CLUB, INC.
BUDGET
Marketing Plan
South Florida Running Forum-3Ads $1,200.00
Race Place Magazine~2 Ads 800.00
Florida Running-2 Ads 1,000.00
Florida Sports-1 Ad 400.00
TOTAL $3.400.00
MAY 2 5 1999
pg. 8
EXECUTIVE SUI~IMARY
ACCEPT THE 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE
CONSERVANCY OF SW FLORIDA, INC.
OBJECTIVE: To have the Board of County Commissioners accept the 1999 Tourism Development
agreement between Collier County and the Conservancy of SW Florida, Inc.
CONSIDERATIONS: On 4/'19/99, the TDC unanimously recommended approval for $10,000 in funding
to pay for advertising and promotion expenses relating to a European marketing campaign.
This is a standard 1999 tourism agreement.
FISCAL IMPACT: $10,000 is available in Fund 194 from the Tourist Development Tax Fund. A budget
amendment will be required to transfer funds to the project from reserves so remittances can be paid.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners review and accept the 1999 Tourism
Development agreement between Collier County and the Conservancy of SW Florida, Inc., along with the
associated budget amendment, and authorize the Chairwoman to sign the attached agreement.
Helene Caseltine Date
Economic Development M~.
REVIEWED Y: ./-' /
B ~
" Greg~ihalic, Director ,/ /Date
Housin.,y~nd Urban Improvement
APPROVED BY: i. :., -/ i' :" ' C i:'~'~t _ ~ /
Vincent ~. Cautero, AICP, Adminis~ator Date
CommuniW Dev. & Environmental Se~ices
MAY 5 1999
pg / _
1999 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE
CONSERVANCY OF SOUTHWEST FLORIDA, INC.
REGARDING ADVERTISING AND PROMOTION
THIS AGREEMENT, is made and entered into this __ day of ,1999, by
and between The Conservancy of Southwest Florida, Inc., a Florida corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafier referred
to as "Plan") funded by proceeds ~'om the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
"" WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for the advertising and promotion of the
Conservancy of Southwest Florida, Inc.; and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED LIPON THE MUTUAL COVENANTS AND
PREMISES PROVIDED HEREl/q, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide advertising and promotion of The Conservaney of Southwest Florida,
Inc.
2. ~: The amount to be paid under this Agreement shall be Ten Thousand
Dollars ($10,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the
County for expenditures incurred for the promotion and advertising expenses as described in
.... Section 1 upon submittal of an invoice and upon verification that the services described in the
invoice are completed or that goods have been received.
GRANTEE shall determine that the goods and services have been properly p ovid~;Effi
shall submit invoices to the County Administrator or his designee. The County A .~i~s~r~ror~or
his designee shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the total mount for various line
items and up to the maximum mount budgeted pursuant to the Attached' "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to the maximum total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of
GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by
the County Administrator or his designee.
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof.
4. IIISJ.!I?~F~: GRANTEE is required to submit a Certiifcate of Insurance
naming Collier County, and its Board of County Commissioners and the Tourist Development
Council as additionally insured. The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General' Liability
Insurance for no less than the following amounts:
BODILY INJURY LIABILITY $300,000 each claim per person
PROPERTY DAMAGE LIABILITY $300,000 each claim per person
PERSONAL INJURY LIABILITY $300,000 each claim per person
MAY g 5 1999
2
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the County Administrator or his designee
within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not
commence promotional and advertising activities which are to be funded pursuant to this
Agreement until the Certificate of Insurance has been received by the COUNTY.
5. MONTBLY REPORTS: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identify the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of
all vendors and subcontractors.
6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
l~--- GRANTEE's limit of, or lack of, sufficient insurance protection.
MAY a 5 1999
3
8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Hollis J. Gillespie
Division Director, Environmental Education
The Conservancy of Southwest Florida
1450 Merrihue Drive
Naples, Florida 34102
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails
to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
pie ^~~),
11. GENERAL ACCOUNTING: GRANTEE is required to maintain cc m t~
accurate accounting records and keep tourism funds in a separate checking account. Ul ~Ci~nyje5 1999
4
I>~. · ~'~
related to the Agreement should be recorded, and all expenditures must be incurred within the
term of this Agreement.
12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agree-
ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall,
until the expiration of three (3) years after final payment under this Agreement, have access to,
and the right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. TERM: This Agreement shall become effective on .[date Board
approves] and terminate on September 30, 1999. The GRANTEE shall 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. Any funds not used by GRANTEE during the term of this Agreement and any extension
thereto shall be available for future applicants.
15. EVALUATION OF TOLrRISM IMPACT: GRANTEE shall monitor and
evaluate the tourism impact of GRANTEE's activities, explaining how the tourism impact was
evaluated and shall provide a written report to the County Administrator or his designee within
sixty (60) days of the expiration of this Agreement.
16. REQUIRED NOTATION: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
17. AMENDMENTS: This Agreement may only be amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
MAY g 5 '!999
l~I WITNESS WHEREOF, the GRANTEE and 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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:.
PAMELA S. MAC' KIE, Chairwoman
WITNESSES: GRANTEE
THE CONSERVANCY OF
(~~,/~~__ SOUTHWEST FLORIDA, INC.
Pfinte~ed Name
(corporate seal)
Approved as to form and
legal sufficiency
Hei'di ~. 7~s~xto;~
Assistant County Attorney
h:hgXhfa\99TDC\99 Conservancy of SW FL
6 MAY g 5 '!999
EXHIBIT "A"
THE CONSERVANCY OF
SOUT~ST FLORIDA
BUDGET
Direct Advertising in Print Media
Magazine (Geman language) $ 2,000
Newspapers 1,000
Site Guide Development
Site Guide (German/English) 5,000
Brochures (German/English) 2,000
TOTAL $10.000
h:hgthfa/99TDC/Ex. A Budget-99 Conservancy of SW FL
MAY 2 5 1999
Pg.:.,__ . _~.-----
EXECUTIVE SUMMARy
ACCEPT THE FIRST AMENDMENT TO THE 1999 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC.
OBJECTIVE: To have the Board of County Commissioners accept the First Amendment to the 1999
Tourism Development agreement between Collier County and the Marco Island Film Festival, Inc.
CONSIDERATIONS: On 1/25/99, the Tourist Development Council unanimously recommended approval
for $56,500 in TDC funding to advertise and promote the Marco Island Film Festival which is scheduled for
October 20-25, 1999. This was approved by the Board on March 9, 1999.
On 4/19/99, the TDC recommended approval (on a 7-2 vote) for an additional $50,000 in funding to pay for
advertising and promotion expenses relating to this event.
This is an amendment to the standard 1999 tourism agreement.
FISCAL IMPACT: $50,000 is available in Fund 193 from the Tourist Development Tax Fund. A budget
amendment will be required to transfer funds to the project from reserves so remittances can be paid.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners review and accept the First
Amendment to the 1999 Tourism Development agreement between Collier County and the Marco Island
Film Festival, Inc., along with the associat budget amendment, and authorize the Chairwoman to sign the
PREPARED BY:
"~' "'H~f~ne Caselti'ne' v - Date
Economic Development Mgr.
REVIEWED BY: Ho~.~siGrng.~eg,:U~rliban Improvemen~
t A. Cautero, AICP, Administrator Date
Community Dev. & Environmental Services
MAY 2 5 1999
FIRST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC.
REGARDING 1999 MARCO ISLAND FILM FESTIVAL
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this ~ day
of , 1999, by and between Marco Island Film Festival, Inc., hereinat~er referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinai~er referred
to as "COUNTY."
RECITALS
WHEREAS, the GRANTEE and the COUNTY entered into a 1999 Tourism Agreement
dated March 9, 1999 (the "Toufism Agreement") in the mount of $56,500.00; and
WHEREAS, the GRANTEE has requested an increase in funding of $50,000.00; and
-WHEREAS, the COUNTY desires to mend the Tou~sm Agreement to increase the funding.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS EREIN AND OTHER
VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 2 is hereby deleted in its entirety and replaced with the following
--- language:
PAYMENT: The mount to be paid under this Agreement shall be One Hundred-six
Thousand Five Hundred Dollars ($106,500.00). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses
as described in Section 1 upon submittal of an invoice and upon verification that the services
described in the invoice are completed or that goods have been received.
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or his
designee shall determine that the invoice payments are authorized and the goods or services covered
by such invoice have been provided or performed in accordance with such authorization. The line
item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the
invoices provided that such expenditure is made in accordance with this Agreement.
Each invoice submitted by GRANTEE shall be itemized in su~cient detail for audit thereof
and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or
performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and
vendors have been paid for work and materials from previous payments received prior ~' re,:_~t nf
any further payments. The COUNTY shall not pay GKANTEE until the Clerk of he Bg~t;~
County Commissioners pre-audits payment invoices in accordance with the law. M/~Y 2 5
GRANTEE shall be paid for its actual cost not to exceed the total mount for various line
items and up to the maximum mount budgeted pursuant to the attached "Exhibit A." The mounts
applicable to the various line items of Exhibit "A," subject to the maximum total mount, may be
increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in
excess often percent (10%) of any line item must be authorized by the County Administrator or his
designee.
2. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced
with the new Exhibit "A" attached to this amendment.
3. Except as set forth herein, all of the terms and provisions of the Tourism
Agreement shall remain in full force and effect.
IN WITNESS WttEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
DATED: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIP-, Chairwoman
W ESS S: GRANTEE
Marco Island Film Festival, Inc.
O)
.
?'' By: ,
,
(corporate seal)
Approved as to form and
I~l~idi F. Ashton
Assistant County Attorney
h:hg/hf~)9 ~ ~re~n~/1999 Maroo Ifland Film F~stival-I
2 MAY 2 5 1999
EXHIBIT "A"
FILM FESTIVAL
BUDGET
PRINT MEDIA $ 56,500.00
includes
Magazine Advertising
Rack Card Distribution
Call for Entry Brochures
Public Relations
Television $15,000.00
Advertising Spots
Celebrity
Promotional $35,000.00
TOTAL
EXECUTIVE SUMMARY
A Report to the Board on the Transportation Element of the
Collier County Growth Management Plan.
OBJECTIVE: To provide the Board with a comprehensive update on the
Transportation Element of the Collier County Growth Management Plan. In particular,
the intent of this report is to identify the major Goals and Policy Objectives of the
Element, and to analyze the continued appropriateness of these goals and objectives,
and the measures thereof. Where the Element prescribes specific action on the part of
the County, or sets forth minimum levels of service (LOS) standards, this report
provides a status update and staff recommendations with respect to outstanding
policies objectives, or LOS concerns.
BACKGROUND: The Transportation Element has one goal:
/-'-, GOAL 1: TO PLAN FOR, DEVELOP AND OPERATE A SAFE, EFFICIENT, AND COST
EFFECTIVE TRANSPORTATION SYSTEM THAT PROVIDES FOR BOTH THE
MOTORIZED AND NON-MOTORIZED MOVEMENT OF PEOPLE AND GOODS
THROUGHOUT COLLIER COUNTY.
There ar& twelve objectives in the Transportation Element:
OBJECTIVE 1:
The County will maintain the major roadway system (excluding State highways) at an
acceptable Level of Service by implementing improvements to the following roadways that have
been identified as operating below level of service "D".
CIE
~__ Roadway From T_9o
31 Bonita Beach Road W. of Vanderbilt Drive
OBJECTIVE 2:
The County will maintain the adopted Level of Service standard as provided for in Policy 1.3 by
making the improvements identified on the Five (5) Year Future Traffic Circulation Map.
OBJECTIVE 3:
The County shall provide for the protection and acquisition of existing and future right-of-ways. -
OBJECTIVE 4:
The County shall provide for the safe and convenient movement of pedestrians, and motorized
and non-motorized vehicles through the implementation of the Collier County Comprehensive
Pathway Plan. .~oGEN~' ~I..N~ ~
MAY 2 5 1999
/
OBJECTIVE 5:
The County will coordinate the Transportation System development process with the Future
Land Use Map.
OBJECTIVE 6:
The County shall coordinate the Transportation Element with the plans and programs of the
State, Region, and other local jurisdictions.
OBJECTIVE 7:
The County shall develop and adopt standards for safe and efficient ingress and egress to
adjoining properties, as well as encourage safe and convenient on-site traffic circulation.
OBJECTIVE 8:
The County shall establish and maintain a "Concurrency Management System" for the
scheduling, funding, and timely construction of necessary road facilities. '
OBJECTIVE 9:
The County shall encourage neighborhood involvement, and safe and pleasant conditions for
the residents, pedestrians, bicyclists and motorists on neighborhood streets, through the
implementation of the Collier County Neighborhood Traffic Management Program(NTMP).
OBJECTIVE 10
The County shall encourage safe and efficient mobility for the rural public.
OBJECTIVE 11
The County shall maintain County owned airport facilities as attractive, efficient, safe, and
environmentally compatible facilities
OBJECTIVE 12:
The County shall encourage the efficient use of transit services now and in the future.
CONSIDERATIONS:
Progress Report:
A. Policies For Which Staff Suggests No Changes
With the exception of Objective 1, staff suggests no changes to the objectives. The
twelve objectives contain 53 policies. The following policies are similar in that staff
suggests no changes to them. They tend to describe actions which have been
completed, or are completed annually, or describe situations which are still true.
Policy 1.1:
,._.. The County will annually adopt an Annual Update and Inventory Report (AUIR) covering a
period no less than five (5) years, which shall include those projects needed to mair-.a;,, ;.~~.~
network at the adopted Level of Service standard.
MAY 2 5 1999
Policy 1.2:
The County shall annually appropriate the funds in the ensuing fiscal year'to accommodate
those phases of projects listed in the first year of the Annual Update and Inventory Report
(AUIR). All programming decisions are based on the AUIR, and annually incorporated in the
Schedule of Capital Improvements in the CIE.
Policy 2,I:
The County shall include in its Schedule of Capital Improvements in the Capital Improvement
Element those projects necessary to maintain the adopted Level of Service on the roads
identified on the Five (5) Year Future Traffic Circulation Map.
Policy 3.2:
The County includes in its annual Capital Improvement Element no less than $200,000 per year
specifically earmarked for use in an advanced Right-of-Way Acquisition Program..By
December 1997 a study shall be conducted to identify the long range right-of way needs of the
transportation system based on buildout. Following the completion of this study, the funding
set-aside may be amended to more accurately reflect the County's annual need.
Policy 4.1:
The County shall, incorporate the Collier County Comprehensive Pathway Plan by reference
and update the Plan as needed.
Policy 4,4:
The County shall annually adopt a 5 Year Pathway Work Program which establishes pathway
priorities to retrofit existing streets to accommodate bicycles and pedestrians.
Policy 4.5:
The County shall, to the greatest extent possible, identify state and federal funds and provide
local funds for the implementation of the 5 Year Pathway Work Program.
Policy 4.6:
The County shall provide for the safe movement of motorized vehicles through implementation
of its Land Development Code and highway design standards ordinances and shall incorpo.rate
both bike lanes and sidewalks in new construction and reconstruction of roadways.
Policy 4.7:
The County shall incorporate bike lanes in roadway resurfacing projects.
Policy 4.8:
The County shall follow the most current bicycle and pedestrian facilities design and
construction standards developed by the Florida Department of Transportation.
Policy 5.1:
The County Commission will review all rezone requests with consideration of their impact on the
overall system, and shall not approve any such request that significantly impacts a roadway
segment already operating and/or projected to operate within one year at an unacceptable
Level of Service unless specific. mitigating stipulations are approved. ' N~oS~~
MAY g 5 1999
pg. L.~
""' Policy 5.2:
Significant Impact is hereby defined as generating a volume of traffic equal to or greater than
5% of the Level of Service C peak hour volume of an impacted roadway.
Policy 6.2:
The Transportation Element shall consider any and all applicable roadway plans of the City of
Naples, Southwest Florida Regional Planning Council and Lee County.
Policy 6.3:
The Transportation Element shall be consistent in its interface into the arterial/collector system
within the City of Naples.
Policy 6.4:
The Transportation Element shall consider the State's adopted Five (5) Year Work Program,
the Florida Transportation Plan, and the State Land Development Plan.
Policy 7.4:
The County shall develop corridor management plans (see the Future Land Use Element) that
take into consideration urban design and landscaping measures that will promote positive
development along the major arterial entrances to the urban area.
Policy 7.5
The Collier County Streetscape Master Plan approved by the Board of County Commissioners
"" shall provide for a comprehensive plan to address the design, implementation, and
maintenance standards for landscaping enhancements along major road corridors. This Plan
also identifies a sequence for roadway enhancements and potential funding sources.
Policy 8.1
Each +year, the county will use short term projections of previous years' traffic volume growth to
estimate the year in which LOS deficiencies will occur on county roads. This information will be
used to prepare the annual update of the county's Capital Improvement Element for roads, in a
manner that ensures the maintenance of concurrency on road facilities.
Policy 8.2
Pursuant to Chapter 163.3180 F.S., and in accordance with the Collier County Adequate Public
Facilities Ordinance (Land Development Code Section 3.15), development proposals shall be
required to submit traffic impact analyses, the level of detail of which shall be determined by
the total number of new trips generated by the development.
Policy 9.1
The County shall incorporate the Neighborhood Traffic Management Program by reference and
update as needed.
Policy 9.2
The County shall provide for support services, resources and staff to coordinate the Program.
MAY g 5 1999
Policy 9.8
The County shall employ a variety of traffic calming devices to achieve the NTMP'S objectives
for a project. Such traffic calming devices shall be planned and designed in conformance with
sound engineering and planning practices.
Policy 9.9
To implement the NTMP, certain procedures shall be followed in processing neighborhood
traffic management requests in accordance with applicable codes and related policies and
within the limits of available resources. At a minimum, the procedures shall provide for:
- submittal of project proposals;
- evaluation of proposals by staff;
- citizen participation in plan development and evaluation;
methods of temporarily testing traffic management plans when needed;
- communication of any test results and specific findings to area residents and
affected neighborhood organizations before installation of permanent traffic
calming devices; and
appropriate County Commission review.
Policy 10.1
The County shall develop a program to examine the maintenance and operational needs of the
rural roadway system. This program will address the mobility needs of the rural resident to
include the availability of roads for rural-to-urban travel, as well as for hurricane evacuation
purposes.
Policy 10,2
The County shall continue to improve transit services for the Transportation Disadvantaged in
the rural areas through the Community Transportation Coordinator (CTC).
Policy 11.1
The County shall incorporate by reference the Immokalee Regional Airport, Everglades Airpark,
and Marco Island Executive Airport Master Plans.
Policy 11,2
The Collier County Airport Authority shall determine the most cost effective and efficient means
for implementing future facility plans outlined within the airport master plans.
Policy 12.4:
The County shall, in recognition that the potential for public transit service between Bonita
Springs in Lee County and Naples exists, consider any intergovernmental efforts necessary.
Policy 12.6:
The County will participate in the MPO planning process by maintaining a voting presence on
the Technical Advisory Committee to the MPO.
Policy 12.?:
Following the adoption of any transit development plan, the County shall initiate the
development of transit right-of-way and corridor protection strategies, including ordinances and
policy additions. ~o~~(~
MAY 2 5 1999
""' Policy 12.8:
Any adopted transit development plan shall include an acceptable level of service standard for
transit facilities.
Policy 12.9
The County shall include capital expenditures for any adopted transit development plan in the
Capital Improvement Element.
B. Policies For Which Staff Suggests Changes
Staff suggests changes to Objective 1 and all of the following policies. The suggested
changes follow each objective or policy.
OBJECTIVE 1:
The County will maintain the major roadway system (excluding State highways) at an
acceptable Level of Service by implementing improvements to the following roadways that have
been identified as operating below level of service "D".
CIE
----- ~__ Roadway From T__9o
31 Bonita Beach Road W. of Vanderbilt Drive
Comments
The list should be updated to remove the above segment and to include the following segments
that are operating below level of service D.
41 Pine Ridge Rd. Airport Rd. to 1-75
Airport Rd. Golden Gate Parkway to Radio Rd.
62 Golden Gate Blvd. CR951 to Wilson Blvd.
Immokalee Rd. CR 951 to Wilson Blvd.
Policy 1.3:
County arterial and collector roads shall be maintained at Level of Service "D" or better on th~
basis of the peak season peak hour traffic volume.
Level of Service "E" or better shall be maintained on the following designated roadways.
Roadway From T__o
Airport-Pulling Road Pine Ridge Road Golden Gate Parkway
Golden Gate Parkway Airport-Pulling Road Santa Barbara Blvd.
Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway
Goodlette-Frank Road US 41 Golden Gate Parkway
Pine Ridge Road Airport-Pulling Road 1-75
MAY 2 5 1999
Pg
Comments
This tab/e shou/d be updated to inc/ude the following two State road segments.'
Tamiarni Trai/ East Four Corners to Davis B/vd.
Tamiarni Trail North Pine Ridge Rd. to So/aria Rd.
The County has declared as "constrained" the following segments:
From T._9o
Vanderbilt Beach Rd. Gulfshore Dr. U.S. 41
Level of Service "D" or better shall be maintained on all other arterial and collector roads,
however, any section of road may operate at Level of Service "E" for a period not to exceed two
(2) fiscal years following the determination of Level of Service "E" in order to provide the County
with time to restore Level of Service "D" by making appropriate improvements.
The Naples (Collier County) MPO shall determine the optimum LOS for each county road
segment. This will be done by more accurately identifying the traffic volumes that correspond to
the different LOS thresholds on county roads, and more accurately quantifying the peaking
characteristics of traffic on county roads. The first component of this is to update the LOS
tables in the Transportation Element to best reflect current conditions on county roads. The
second component is to begin installing, as funds permit, permanent traffic count stations, to
better identify the peaking characteristics of traffic on county roads. The third component will
be to amend the Capital Improvements Element to implement findings.
Comments:
Staff will be amending the Transportation Element to include the revised service volumes. The
permanent count stations have yet to accumulate enough data to quantify peaking
characteristics.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 1.4:
For the purpose of regulating development orders, Collier County has adopted the following
level of service standards for state maintained roads:
Existing Transitioning
Rural Area Urbanized Area Urbanized Area
!- 75 B C C
US- 41 C D* D
SR- 84 C D D
SR-951 D D*
SR- 29 C - -
SR- 82 C - - N~o.SEN~ ~7~'~ ~'/
MAY 2 5 1999
It should be noted that FDOT has different LOS standards for state roads. The Naples (Collier
County) Metropolitan Planning Organization shall conduct a study to research the implications
of these different LOS Standards that FDOT has established for state roads by area type.
Establishing unreasonably high LOS standards in the fringe "transitioning urban area" may
require the diversion of revenues from more congested areas with lower levels of service
standards, in order to maintain the high standards established in the outlying areas.
Comments
Collier County now has the latitude to set the minimum standard LOS on a~ state roads except
Interstate 75.
Interstate 75 from Immokalee Road to the Lee County Line has a minimum standard LOS of C,
which corresponds to an average annual daily traffic (AADT) volume of 47, 700 vehicles. The
1997-AADT was 49,500, the 1998 AADT was 56,000, and the estimated AADT for 1999 is
56, 600 vehicles. Thus, this segment is currently operating in a deficient LOS condition. The
MPO passed a Resolution urgingthe FDOT to include this segment in its Florida Intrastate
Highway System (FIHS) Cost Feasible network. It is currently included in the FIHS Needs
network, without state funding identified to improve it.
Staff will study this situation in detail and make further recommendations. Given the amount of
time involved in the construction of the Livingston Road segment from Immokalee Road to
Bonita Beach Road, and the completion of widening of U.S. 4 ~ North, it now seems unlikely that
"" the completion of those two facilities will correct the deficiency on 1-75 that will exist when they
are finished. Possible responses by the County to this situation are:
· Do nothing and wait for FDOT to program an improvement to 1-75 as part of their FIHS
improvement program. This is the response Lee County is choosing on their deficient 1-75
segments. Staff has no estimate of when that would happen.
· Move the improvement of this 1-75 segment upward in the Unfunded Priorities List the MPO
submits annually to FDO T to guide their work program development. Even as the top
priority this year, the result would be the inclusion only of the preliminary design phase in
the new fifth year (04/05), with construction several years to follow. The improvement would
be constructed with funds available for other non-FIHS projects in the county. With the
appearance of construction funds in the State work program, the County could construct the
improvement with its own funds and be reimbursed by the State in the year the construction
funds are programmed.
In either of the above cases, and because there is a clear deficiency in existence, the County
may, as part of the Annual Update and Inventory Report (AUIR) process, initiate the process
described in the Adequate Public Facilities Ordinance, Land Development Code Section 3. 15.
Specifically, the County would establish an Area of Significant Influence (ASI) around the 1-75
segment, and cease issuing development orders within it until such time that the construction
start date of improvements to mitigate the deficiency are within a three year time frame. An ASI
for this segment would include a circle of radius three miles (18 thousand acres) around the
----,, Immokalee Road interchange.
MAY 2 5 1999
P(:I. ,_~~~
Staff does not recommend the creation of an ASI at this time, but recommends moving the
improvement of the 1-75 segment from Immokalee Road to the Lee County line upward in the
Unfunded Priorities List for transmittal to the FDO T.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 2.2:
The County shall annually appropriate the funds necessary to implement those projects show in
the annual element (first year) of the Secondary Road Program.
Comments
Change the phrase "Secondary Road Program" to Annual Update and Inventory Report (AUIR).
Policy 3.1:
The County has implemented an advanced Right-of-Way Preservation and Acquisition
Program.
Comments
Completed annually. Staff of the Transportation Services Department and Public Works
Engineering Department are recommending that this program be funded at a higher level as
part of the annual budget cycle.
Policy 3.3:
By June 1998, Collier County's Transportation Department, Office of Capital. Projects
Management and the Naples (Collier County) Metropolitan Planning Organization will develop
standards, criteria and implementation guidelines for right-of-way acquisition. Provision for
landscaping shall be consistent with Collier County corridor management planning policies (see
Future Land Use Element Policy 4.2 and Transportation Element Policy 7.4). The County shall
acquire sufficient amount of right-of-way to facilitate no less than a cross section of (6) traffic
lanes, appropriate turn lanes, medians, bicycle and pedestrian features, drainage canals, a.nd-
shoulder sufficient for pull offs and landscaping areas. Exceptions to the right-of-way standard
may be considered when it can be demonstrated, through a traffic capacity analysis, that the
maximum number of lanes at build-out will be less than the standard.
Comments
Standards, criteria and implementation guidelines for right-of-way acquisition to be completed.
The Board adopted (June 16, 1992, Agenda Item 8E(2)) a process for the acquisition of right-
of-way. In addition, the Board adopted the Streetscape Maser Plan in ~ 995.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization, and the new name for OCPM: Public Works Engineering
Department.
MAY 2 5 1999
Policy 4.2:
The County shall provide for support services, resources and staff within the Naples (Collier
County) Metropolitan Planning Organization to coordinate the Bicycle/Pedestrian Program.
Comments
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 4.3:
The County shall provide an interconnected and continuos bicycle and pedestrian system by
making the improvements identified on the 2020 Pathway Facilities Map series.
Comments
This language should be changed to preclude the construction of bicycle and pedestrian
improvements that are not identified in the 2020 Pathway Facilities Map series, and not
recommended by the prioritizing process conducted by the Pathway Advisory Committee. Such
language would ensure that all projects constructed are the result of a planning process.
Policy 6.1:
The Transportation Element shall incorporate to the greatest
degre. e possible, the long range plans of the Naples (Collier County) Metropolitan Planning
Organization.
Comments
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 6.5
The Naples MPO 1995 & 2010 plans have identified a need for an interchange at 1-75 and
Golden Gate Parkway. An Interchange Justification Report shall be prepared by the Florida
Department of Transportation and submitted to the Federal Highway Administration by October
1, 1998.
Comments
This report has been submitted to the Florida Department of Transportation, who have yet to .
submit it to the Federal Highway Administration.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 7.1:
On August 18, 1992 the County adopted an Access Management Resolution that ensures the
protection of the arterial and collector system's capacity.
MAY 2 5 1999
Comments
Still true. The policy has been implemented by staff,' however, it is appropriate that a review be
performed and, where appropriate, revisions be proposed.
Policy 7.2:
The County shall require the submission of a neighborhood traffic impact assessment as a part
of all rezone and conditional use applications. This study will analyze the proposed projecrs
impact on surrounding neighborhood streets.
Comments
There has been little effort to implement this policy.
Poli~y 7.3:
The County shall implement, through its Zoning Ordinance, the provision of safe and
convenient on-site traffic flow and the need for adequate parking for motorized and
non-motorized vehicles as a primary objective in review for Planned Unit Developments, Site
Development Plans, and other appropriate stages of review in the land development
applications process.
Comments
The LDC should be strengthened in its requirements for shared and cross access./n addition,
driveway location criteria over and above those indicated in the Access Management Policy
should be implemented.
Policy 9.3
The County shall encourage the interconnection of local streets between developments to
facilitate the convenient movement throughout the local road network unless such action will
promote through traffic.
Comments
The LDC should be strengthened to assure the implementation of this policy.
Policy 9.4
The County shall define on a project by project basis, the acceptable amount of rerouted traffic
as a result of a traffic management project
Comments
This policy should be deleted.
Policy 9.5 -
The County shall route through traffic to the major roadways designated in the Transportation
Element of the Collier County Growth Management Plan.
MAY 2 5 1999
Comments
This po~cy should be deleted.
Policy 9.6
The County shall review impacts on emergency vehicle access or response time to
neighborhoods.
Comments
This policy should be deleted.
Policy 9.7
Roadways listed in Appendix A under "Roadways in Collier County not Considered Local
Facilities" are not eligible for the NTMP.
Comments
This policy should be deleted.
Policy 12.1:
The Naples (Collier County) Metropolitan Planning Organization, through the Transportation
Disadvantaged Program shall assist the local community transportation coordinator in the
implementation of the most efficient and effective level of service possible for the transportation
disadvantaged.
Comments
MPO staff have recommended changes in contractual arrangements, most notably appointing
the County as the Community Transportation Coordinator, that will enable the County to better
gauge system efficiency on a continual basis.
The text needs to be changed to reflect the new name for the MPO: The Collier County
Metropolitan Planning Organization.
Policy 12.2:
The County shall coordinate the development of any future transit development plans with the
Naples (Collier County) Metropolitan Planning Organization and the Florida Department of
Transportation.
Comments
The Transit Development Plan is due for adoption by the Metropofitan Planning Organization in
May, 1999.
The text needs to be changed to reflect the new name for the MPO.' The Collier County
Metropolitan Planning Organization.
MAY g 5 1999
Policy 12.3
The Naples (Collier County) Metropolitan Planning Organization shall monitor the need and
desirability of implementing a transit system and will coordinate the development of any transit
development plans.
Comments
With direction from the MPO, staff will hire a consultant to complete a Transit Operation Plan,
which will include the specificity needed to apply for State and Federal funds for the purchase
and operation of transit equipment.
The text needs to be changed to reflect 'the new name for the MPO: The Collier County
Metropo~tan Planning Organization.
Policy 12.5:
The County shall participate in the MPO planning process through an interlocal agreement with
the City of Naples and in a Joint Participation Agreement with the FDOT.
Comments
This language needs to change to reflect the inclusion of the City of Marco Island in the
Interlocal Agreement that will be presented for ratification by resolution to the County, the City
of Naples, and the City of Marco Island.
FISCAL IMPACT: None of the suggestions generate a new fiscal impact. The
comments on Policy 3.1 allude to recommendations already made to increase the
amount set aside for right of way acquisition. All other suggestions are revenue neutral
in effect.
GROVVTH MANAGEMENT IMPACT: This report generates no Growth Management
Impact.
MAY ,?, 5 1999 I
RECOMMENDATION: Staff recommends that all of the suggestions outlined in
Section B above be implemented.
In addition, staff recommends the inclusion in the element of a road network designed
to serve the build out population as it is currently predicted. This network, with no
horizon year attached to it, would serve as a guide to right of way preservation for
facilities that are not predicted to be required in the existing horizon year (2020).
PREPARED BY: Date: ~""/7--' ~ ~
REV.EWED BY: Date:
R~be~J. Mulhere, AICP, Director
REVIEWED B Edward Kant~/:E';1, ' ector Date:
Transpo~ation S epadment
APPROVED BY' ' ~_/ Date:~Z/~
) %Y' ~~tor /
Public Works Division
APPROVED BY: ~ ~ Date:
Vincent Cautero, AICP, Administrator
Community Development and Environmental Se~ices Division
MAY 2 5 7999
EXECUTIVE SUMMARY
ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-
EXCLUSIVE, ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE,
MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR
THE CONSTRUCTION OF THE FOUR-LANING IMPROVEMENTS FOR IMMOKALEE
ROAD (C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951 CIE NO. 08.
I)]t21F.,CTJ_Y_~ To adopt a Resolution to acquire by gift, purchase or condemnation of fee simple title
interests and/or non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance
and temporary construction interests by easement required to complete the four-laning roadway
improvements for Immokalee Road (C.R. 846) between 1-75 and C.R. 951, (hereinafter referred to as
"the Project").
CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted Ordinance
No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of'the
Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was
adopted in Ordinance No. 97-62 for CIE No. 08.
On September 16, 1997, the Board of County Commissioners adopted Resolution No. 97-356
authorizing the County Staff to acquire by gift or purchase certain easements, and fee simple title to the
property and property interests required and necessary for the four-laning roadway improvement of
Immokalee Road between 1-75 and C.R. 951.
Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare
considerations as they relate to the construction of the Project and the Board finds that the most feasible
location for the additional road fight-of-way for the construction of the Project is being more
particularly described in Exhibit "A" of the attached Resolution.
The Board of County Commissioners adopted Resolution No. 99-80 on January 26, 1999 authoring the
acquisition by gift, purchase or condemnation of property interests necessary for the four-laning of
Immokalee Road.
This Resolution is being adopted to correct a scfivener's error in legal descriptions as to parcels 101,
1'17, 717, & 127C1.
FISCAL IMPACT: The fight-of-way acquisition cost estimate has just recently been updated to
:,,..~_KT re~ect actual appraised values and all of the most recent design changes. Total acquisition costs are
estimated at $1,135,077, and includes all land, improvements, and severance damage pay-outs as well
as all overhead costs and expenses which may be incurred through condemnation and final judgment
expenses for the non-exclusive, perpetual easements referenced in Exhibit "A", required to complete
the four-laning roadway improvements for the Project.
HAY 2 5 lcJ99
Page 2 - Immokalee Road Executive Summary
Funds are available in the amount of $1,135,077 in Project #69101, Immokalee Road Project.
GROWTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the
recommendation is consistent with the County's Growth Management Plan for CIE #08.
RECOMMENDATION: That the Board of County Commissioners:
(1) Adopt the attached Resolution authorizing the acquisition by gift, purchase or condemnation the
fee simple title interests and/or non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage,
maintenance and temporary construction interests by easement required to complete the four-laning
roadway improvements for Immokalee Road Project, between 1-75 and C.R. 951; and
(2) Authorize the Chairman to execute the attached Resolution.
PREPARED BY: ~'~/~L~'f~--/'?/~Z-(" ;" ~c/~/
Wilma Iverson, Senior Specialist
Real Property Management Department
' BY: ~ "/~, ~ DATE:
· ' ' t
APPROVED BY Public ork~/~n _ DATE:
Ed llschner, A'dministrator
Public Works Division
NAY 2 5 1999
l RESOI,UTION NO. 99-
2 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT,
3 PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS
4 AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY,
5 SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY
6 CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF
7 TIlE FOUR-LANING ROAD\VAY IMPROVEMENTS FOR IMMOKALEE ROAD
8 (C.R. 846) PROJECT BET\VEEN 1-75 AND C.R. 951, CIE NO. 08.
9 WHEREAS, the Board of Coullty Commissioners, on October 28, 1997, adopled Ordinance
10 No. 97-55 therein establishing tile 1997 (Seventh Annual) Capital Improvement Element of the
11 Growtl~ Management Plan in order to eslablish priorities for tile design, acquisition and
12 construction of the various capital improvement projecls. TIle Transportat'ion Element of the
13 County's Comprehensi`,'e Plan ',','as adopted in Ordinance No. 97-62; and
14 WHEREAS, tile four-laning in~provemcnts lo lmmokalee Road between 1-75 and CR. 951 is
15 one of the capital improvement projecls required under tile Transportation Element of lhe
16 Counly's Conlprehensive Plan; and
17 \VIIF_REAS. the Board of County Commissioners. on Scl~tenlbcr 16. 1997, adopted
1S Resolution No. 97-35(~ atlthorizing the County Slaff to acquire by gift or pttrchase certain
19 easemcnls and/or fee simple title to the property and property interests required and necessary
20 for the four-lanmg roadway improvements of hnmokalee Road between 1-75 and C.R. 951; and
21 WHEREAS, the location for construction of the proposed improvements has been fixed by
22 survey and is cotlectivcly represented by thc legal descriptions comprising Exhibit "A" attached
23 hereto and incorporated herein.
24 WHEREAS, after consideration ofthe availability of alternate routes and locations, the
25 comparative costs of project alternatives. various impacts upon the environment, long range
26 planning options, and public safely consideralions, the Board desires to exercise its fight to
27 condemn properly for public purposes.
28 \\q-IEREAS, tile Board of County Comn3issioners adopted Resolution No. 99-80 on January 26,
29 1999 authorizing tile acquisition by gift, i'mrchase or condemnation ofproperlv interests ,, · ,,
30 necessary for lhe four-laning of lmmokalcc Road.
MAY 2 5 lgg9
F' ~, 'j ,: 1 ,,
1 WHEREAS, this Resolution is being adopted to correct a scrivener's error in legal descriptions
2 as to parcels 101,117,717,& 127C1.
3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
4 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
5 Board that the construction of the four-]aning roadway improvements for Immoka]ee Road
6 between 1-75 and C.R. 951, (hereinafler referred to as "the Project") is necessary and in the
7 public's best interesl in order to protect tim health, safety and welfare of the citizens of Collier
8 County.
9 AND IT IS FURTHER RESOLVED that construction oftlie Project is pan of the County's
10 tong range planning effort, and is included in the Transportation Element oftlie County's
11 Comprehensive Plan for Groxvth Management, as approved by the Florida Department of
12 Comrntmity Affairs.
13 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations
14 for the project, various impacls to the environmental, public safety and welfare considerations
15 associated with the design and construction oftlie project, and the costs associated with the
16 design~ propert>, rights acquisition, and construction of the project; and lhe Board finds that
17 after consideration of these issues, Ihc mosl feasible localion for construction oflbe proposed
18 improvements is collectively rcprcscnled by the legal descriptions con~prising Exhibit "A"
19 attached hereto and inco~orated herein.
20 AND IT 1S FURTI-1ER RESOLVED that in order to conslruct the prqiect as designed, it is
21 necessa~ for the Board to acquire the various real property interests described Exhibit "A" to
22 wit: fcc simple title inlercsts and/'or perpetual, non-exclusive road right-of-way, sidexvalk,
23 slope, ulilily drainage, maintenance and tempora~ construction interests by easement.
24 AND IT IS FURTHER RESOLVED that all property shall be put to public pu~oses.
25 AND 1T 1S FURTFtER RESOLVED that the County staff is hereby aulhorized to
26 immediately acquire by gift, purchase or condemnation in accordance with the provisions of
27 Chapters 73, 74 and 127, Florida Stalllies, the above-referenced real propeay interests more
28 particularly described in Exhibit "A", allached hereto and inco~orated berein.
Pdg~} 2 PG.
I AND IT IS FURTHER RESOLVED Illat no mobile homes are located on the property sought
2 to be acquired and therefore it will not bc necessary to remove any mobile homes from the
3 properly to be acquired.
4 AND IT IS FURTHER RESOLVED THAT THIS Resolution supersedes County Resolution
5 No. 99-80.
6 This Resolution adopted on this ~ day of 1999, after motion, second
7 and majority vote.
8
9 BOARD OF COUNTY COMMISSIONERS
10 ATTEST:
11 DWIGHT E. BROCK, CLERK By:
12 PAMELA S. MAC'KIE, CHAIRWOMAN
13
14
15 Approvcd as lo form and
16 legal sufficiency:
18 Heidi F. Ashton
19 Assistanl County Attorney
20
21
MAY 2 5 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 69101
PARCEL NOS...100 & 700.
FOLIO NO ....... 41930880003
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R846)
100' R\W
492.8'
50' ~ EXISTING R\W LINE 50'
? 196.78'
10.-- ~5~J. 15 .... I~ .
\,
,, ca
PARCEL 700 · pARCEL 100'
F-
TRACT 19
DESCRIPTION (PARCEL 100) fee simple
THE SOUTH FIFTEEN (15') FEET OF THE NORTH SIXTY FIVE (65') FEET OF THE
EAST THIRTY FIVE (35') FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN ,.''i!
GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE ' ' '
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 525 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 700) temporaEy construction easement
THE SOUTH TEN (103 FEET OF THE NORTH SIXTY (60') FEET OF THE WEST FORTY
FIVE (45') FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7 PAGE 96, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
CONTAINING 450 SQUARE FEET MORE OR LESS.
EXHIBIT l
GENERAL NOTES ' ' f) ' ~ ~ ~ "" '
2> P.o.B. PO,NT OF EG,.N,NG "' 'PRE'PA ;D ..:. .......
= ..... DATE
3) SEC = SECTION EORGE r. RICHMOND
4) TVVP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
5) RGE = RANGE PUBLIC WORKS ENGINEERING DEPT
6) R/W = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8} NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
OCT. 14,
NOT TO SCALE 1998 IMRIO0 SHEET 1 DF 1N0' I
.,/
MAY 2 5 1999
PGo
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 69101
PARCEL NO ................... 101
FOLIO NO../j.L,9,3.0.92.Q.0.0.~ ........
T
IMMOKALEE ROAD
100' R\W
/ l EXISTING R\W LINE
/ / _.. ,,/~/':/~,~ 35o.o1' :
/ 't ~ 252.96' i"'~"'l
, i l t.,_L4..7.05..i~ PARCEL 101 ~'1 I :
~ ....... - --is' : :
: n:
,I<~1 I
/"/ I ~ i I
TRACT 19 TRACT 20 I ~ I 8 I
: v' ' "'
I I I
I I
DESCRIPTION (PARCEL 101) £ee s.~mpZe t.j. tle
THE NORTH 81XTY FIVE (65') FEET OF THE WEST 252.96 FEET OF THE EAST
302.96 FEET AND THE 8OUTH FIFTEEN (15') FEET OF THE NORTH 81XTY FIVE (65')
FEET OF THE WEST 47.05 FEET OF TRACT 20, OF THE PLAT THEREOF, GOLDEN
GATE ESTATES. UNIT NO. 97. AS RECORDED IN PLAT BOOK 7. PAGE 96, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 17,148 SQUARE FEET OR .394 ACRE8 MORE OR LE88.
IEXHIBIT
,A
GENERAL NOTES ~ ~'; ~ -s ~ ff
1) P.o.c.= Po,NT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING PREPARED B ........ DATE..
3) SEC. = SECTION ORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE. =. RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
NOTTOSCALE OCT. 14,1998 IMR101 SHEET 1 iF 1
RAY 2 5 1999
ps. 7 ~ I
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
..,,-,.
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .......... 69101
PARCEL NO ............. 102 & 702
FOLIO NO ......... 41930960004
IMMOKALEE ROAD (C.R. 846)
FEE SIMPLE
P.O.C. TEMPORARY CONSTRUCTION EASEMENT
· ., 275.01'
F~6;: .... I ...... T' ......
PARCEL 702 I~ PARCEL 102 ~ I
: 225.01'
D
-J ~ P.O.B.
~ .."%',,
~ e TRACT 21 I ""
, z LESS THE EAST 75' . ..'~
i< I
O ,
DESCRIPTION PARCEL 102 fee simple title
~ THE NORTH 50 FEET OF THE EAST 22501 FEET OF THE WEST 275.01
FEET OF TRACT 21, OF THE P~T THEREOF, GOLDEN GATE
~ ESTATES UNIT NO.97, AS RECORDED IN P~T BOOK 7.
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA.
CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS.
DESCRIPTION PARCEL702 temporary construcL:ion easement
COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT
THEREOF, GOLDEN GATE ESTATES UNIT NO. 97,AS RECORDED IN P~T
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA.
THENCE EASTERLY ALONG THE NORTH LINE OF SAID T~CT 21 A DISTANCE
OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF
OAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING,
THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF
40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED
PERPENDICU~R TO, SAID NORTH LINE OF TRACT 21. A DISTANCE OF 40 FEET;
THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS.
.
GENE~L NOTES ~-~,, :~ ,- ,
1) P.O.C. = POINT OF COMMENCEMENT ,jr - -~
2) P.O.B. = POINT OF BEGINNING PREPARED BY . .' ...... DATE.
3) SEC. = SECTION ~GEORGE R RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG ~ 24~
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) ~W = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
.~ 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112
DRAWN BY :HECKED BY SCALE DATE q FILE NO N0 · I .
.o~os~ .ow~.~=. ~9~. ,..~02 s.~T~ >F ~Af 2 5 1999
PC.
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .................. 69101
PARCEL NOS ....... 102A & 702A
FOLIO NO .......... 41931000002
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846) b
100' R\W
75' i,i~:,/
~, EXISTING R\W LINE ~ / i/,,.
. pARCEL 102A
' PARCEL 702A J
/I,.
! EAST 75 FEET OF
! TRACT 21
DESCRIPTION (PARCEL 102A) £ee simple t~tZe
THE NORTH FIF~ (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE P~T
THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN P~T BOOK 7,
PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA.
CONTAINING 3750 SQUARE FEET MORE OR LESS.
DESCRIPTION (PARCEL 702A) tempora~ construction easement
THE SOUTH TEN (10') FEET OF THE NORTH SIX~ (60') FEET OF THE EAST FOR~ (40')
FEET OF THE EAST 75 FEET OF T~CT 21, OF THE P~T THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN P~T BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNt, FLORIDA.
CONTAINING 400 SQUARE FEET MORE OR ~ESS.
.
GENE~L NOTES
1) P.O.C. = POINT OF COMMENCEMENT ~ ""
2) P.O.B. = POINT OF BEGINNING PREPARED ...DATE.
3) SEC. = SECTION E R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. t 24~
5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT
6) ~ = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
NAPLES, FLORIDA 34112
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NA'f 2 5 1999
PG,
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO, 103
TAX PARCEL NO. 41931040004
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TIlE NOiCFt l FII"I'Y (50') FEET OF 'IP, ACT 22 OF TIlE PLAT TI IEP, EOF. GOLI)IjN
GATE ESTATES,UNI'F 97 AS I(ECOP, DED 1N PLAT BOOK 7, PAGE 96, OF TIlE
PUBLIC RECORDS OF COLLIER COUNTY,FLOI~,IDA
SAID TIb~CT CONTAINS 165UU SQUARE FEET OR 379 ACRES NIOi~,E OP, LESS
PARCEL 1()3
I EXI~IBIT '
-l j 7: ::, :i
GEQt,,~,E R. RtCFIN~D ' '
OFFICE OF CAPITAL PROJECTS "-
COLLIER COUNT'Y GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES; FLORIDA 3411 HAY 2 5 1999
OFFICE OF CAPITAL PROJECTS
5501 EAST TAtdlAMI TRAIL NAPLES, FLORIDA 34-112
(941) 774--8192
PROJECT NO 69101
PROJECT PARCEL NO. 105
TAX PARCEL NO. 419~,3~?nnn7
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TItE NOP, TH FIFTY (SIr) FEET OF TRACT 51 OF TIlE PLAT TI IEREOF. GOLDEN
GATE ESTATES.UNIT 97 AS IU:_CORDED IN PLAT BOOK ?. PAGE 96, OF TIlE
PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA
SAID TRACT CONTAINS 165n1~ SQUARE FEET OR .379 ACRES MOI~,E OR LESS
PARCEI~ Io5
EX~qlBIT ]
BY: _ _ DATEr f' ic,~ ~ 1
V O --
N UR EY R//2406 N0.
OFFICE OF CAPITAL PROdECTS
coLuER cou,w SOvER,k~E,T C'O,PLEX NAY 2 5 lggg
3301 E 'I'AMIAMI 'I'RAIL NAPLES. FLORIDA 34112
............................... Pc,. II
,-, OI~FIC1Z' Ol~ CAPITAL Pj~OJECTS
5501 EAST TAtdlAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO, 106
TAX PARCEL NO. 41934920008
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
'l'l ll~ NORT}I FIFTY (~n') I'I{I{T()F'I'ILA, CT71~ ()1:'1'111! I~I,AT'I'I IEI~,I!(]F. (;()I,I)I{N
(;A'I'I{ I!SI'ATI':S.IINIT 97 .,\S I~I'('()RI)F.I) IN PI.AT II()()K 7. I'A(Hi l)~,, ()F TIIIC
PLjItLIC P,I~,COP, I)S ()F ('Ol.I.ll~l{ COUN'I'Y,I:I,OI~.II)A
SAID TI(AC'F CONTAINS l(,5Oll SQUAP, I': [:EF, I' OR 379 ACIIF. S MOtqZ OR L[:.SS
PARCEL
I EX/~IBIT I
n~,. ('ff~=._ ,/:/xf _/---/ DATE:/~/-. r.__
PR(~R~ESSIONAL LAND SURVI?(OR /]2406 '
OFFICE OF CAPIIAL PROJECTS
~o,_,.,~ co~,rr ~o,,E,,,.~E,~ ~o~LE× MAY 2 5 1999
3301 E '[AMIAMI IRAIL NAPLES, FLORIDA 34112
~. 1~-
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 109 & 709
FOLIO NO ......... 41936480009
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846) b
c)
100' R\W
....... ~ .... 3'30.
EXISTING R\~ i LINE ' b
~ [ 30' i /' ~ '1'1
PARCEL 109 140' i
PARCEL 709
TRACT 91
DESCRIPTION(PARCEL 109) £ee simple title
THE NORTH FIF~ (50') FEET OF TRACT 91, OF THE P~T THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN P~T BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNt, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
DESCRIPTION (PARCEL 709) temporary construction easement
THE SOUTH THIRTY (30') FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91
OF THE P~T THEREOF, GOLDEN GATE ESTATES. UNIT NO. 97 AS RECORDED IN P~T
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA.
CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS.
GENERAL NOTES :~"s' ~ ~" ,-'/
~ /
2) P.O.B. = POINT OF BEGINNING PREPARED B .... : ........ DATE ....
3) SEC. = SECTION ~GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406
5) RGE = ~NGE PUBLIC WORKS ENGINEERING DEPT
6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES. FLORIDA 34112
AGE
DRAWN BY CHECKED BY ~ SCALE DATE ~ FILE NO
NOT TO SCALE OCT 16, 1998 IMR109 SHEET OF 1
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .............. 69101
PARCEL NOS..110 & 710
FOLIO NO .......... 41939760007
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
IMMOKALEE ROAD (C.R. 846)
100' R\W
330 ' "~
EXISTING R\~, ! LINE ~' b '1'
PARCEL 110 b :
~ PARCEL 710 40' '~
TRACT 110
DESCRIPTION (PARCEL 110) £ee s&mple title
THE NORTH FIFTY (50') FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES,
UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS.
DESCRIPTION (PARCEL710) tempo=a~y construct&on easement
THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110
OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT
BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS.
I. J
GENERAL NOTES .i.~,:~' , .... ~ ..,, -
2) P,O.B. = POINT OF BEGINNING PREPARED BY...~ ................................... DATE ..............
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP.: TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT
6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
NOTTO SCALE OCT. 16, ~996 ~Mml0 SHEET OFI~0''
HA' 2 5 1999
Ps./~-
OFi~'ICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,1112
(941) 774-8192
PROJECT NO 69101
PROJECI' PARCEL NO. 1 I 2
XIXXXXI~AI~CI:I_ NO.. 41941040007
Folio
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TIE NORTH (50') FEET OF TRACT 150 OF THE PLAT TIIEREOF. GOLDEN GATE
ESTATES,UNIT 97. AS RECORDED IN Pt. AT BOOK 7, PAGE 96 OF TIlE PUBLIC
RE_CORDS OF COLI.IER COUNTY, FLORIDA
CONTAINING O 524 ACRE (22~g~6 SQUAP, E FEET, MORE OR LESS
PAP, GEL 112
IEXHIBIT ~
I~ROI:E',;:qlONAI_ lAND SURVEYOR
OFI'ICE OF CAPI[AL PROJECTS
5501 E qAMIAMI 'fRAIL NAPLES, FLORIDA 4112
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS.113 & 713
FOLIO NO ............ 00195000009
FEE SIMPLE
TEMPORARY CONSTRUCTION EASEMENT
330.13'
IMMOKALEE ROAD (C.R. 846)
100' R\W
EXISTING R\W LINE
b
PARCEL 113 ~ !! "1
PARCEL 713
WEST 1/2, NORTHWEST 1/4,
NORTHWEST 1/4, NORTHWEST 1/4
SEC.28,TWP. 49S, RGE 26 E.
DESCRIPTION (PARCEL 113) £ee simple tLtle
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA
CONTAINING 16,507 SQUARE FEET OR .379 ACRES
DESCRIPTION (PARCEL 713) tempo=ary. construction easement
THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE
EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28.
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNt, FLORIDA.
CONTAINING 1250 SQUARE FEET OR .029 ACRES
~....~ .............................................
2) P.O.B. = POINT OF BEGINNING PR PARED BY DATE
3) SEC. = SECTION GEORGE a RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG ~ 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES. FLORIDA 34112
NOTTOSCALE OCT16.1998 IMRl13 SHEET O~"
2 5 1999
,.~
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO 69101
PROJECT PARCEL NO.
TAX PARCEL NO 00195040001
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE SOUTH FIFTY (50') FEET OF TI IE NORTtl 150 FEET OFTI IE EAST ONE t tALF OF Tt IE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF TIqE NORTHWEST QUARTER OF
SECTION 28, TO\VNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS.
PARCEL 114
/
DES, 'R,CH~ON '
PROFESSIONAL LAND SURVEYOR//2406
OFFICE OF CAPITAL PROJECTS -
COLLIER COUNTY GOVERNMENT COMPLEX MAY 2 5 1999
33ol E TAMIAMI '[RAIL NAPLES. FLORIDA 3, 112
,,G./7
,--, OFFICE 0]7' CAPITAL PROJECTS
,3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 69~01
PROJECT PARCEL NO 115
TAX PARCEL NO. ClF)195,tROOOl
LEGAL DESCRIPTION (NOT A .SURVEY)
fee simple title
TI IE SOUTII FIFTY (51r) I;l:lil' OF TI IF, NOI(TII 15() l"l!lff ()1: TI IE WEST ONI{ I tAI,I; OF 'I'11E
NOP, Tt IIiAS'FQUAI(I'IiP, OF TIti.: NOI~,'I'I IWF, ST QUAI(I'tiI~- O}: TI lli NORTt I\VICST QUAI~,'FIiR OF
SECTION 28, TO\VNSI lIP 48 SOUTI t, RANGE26 lEAST, COI,LIEI~ COUNTY, FI,ORIDA
CQNTAINING 12545 SQU:XRE FLEET OP, 0288 ACP, ES MORE OP, LESS
PAP, CEI, 115
'EXHIBi'T
DATE:/ f
Gt ~ICI IMOND
OFFICE OF CAPIIAL PROJECTS
COLLIER COUN~ GOVERNMENT COMPLEX
3301 E TAMIAMI TRAIL NAPLES. FLORIDA 2~AY 2 5 1999
Ps../~ --
::
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94-1) 774--8192
PROJECT NO, 69101
PROJECT PARCEL NO ,:116
TAX PARCEL NO. 00195360008
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TI IE SOUTI I FII"TY (51)') FIEliT OF '1111g NOI{'I'I I 1 511 FFJ:.T OF TI IF, EAST ONE 1 [AI,F OF TItE
NORTHEASTQUARTER OF TI IE NORTI4\VEST QUARTEP, OF TI IE NOI~,TH\VEST QUAI{TEP, OF
SECTION 28, TO\VNSt tlP 48 SOUTtl, IbXNGE26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 12545 SQUAP, E FEET OR 0.288 ACRES MORE OR LESS
PARCEL 116
I EXHIBIT J
BY: ~/""/'~/~ DATE: L/, ',',,~' ,": .......
PROFESSIONAL ~ND SURV~OR #2406 'N0. _:~?j I]
OFFICE OF CAPITAL PROJECTS
coLL,6R COUN~ CO~.N.~NT CO.PL~X MAY 2 ~ 1999
3301 E TAMIAMI IRAIL NAPLES, FLORIDA 34 12 ~
PG. I~
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941 ) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ............... 69101
PARCEL NOS ........ 117 & 717
FOLIO NO....O~,~9.SO.SD.0. D_I ......
330.13'
IMMOKALEE ROAD (C.R. 846)
1 oo, R\W
'
EXISTING R\W LINE ~..
PARCEL 117 ~
,2;
45' ~ r ~20. ~" '-~
, i
PARCEL 717
WEST 1/2, NORTHWEST 1/4
NORTHEAST 1/4, NORTHWEST 114
SEC. 28, TWP. 48S, RGE 26E.
i
I
!
I
DESCRIPTION (PARCEL 117) £ee sim[31e
THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 16,507 SQUARE FEET OR .379 ACRES
DESCRIPTION (PARCEL 717) t, emDo~:ary construction easement_
THE SOUTH TWENTY (20') FEET OF THE NORTH 170 FEET OF THE WEST
FORTY FIVE (453 OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26EAST,
COLLIER COUNTY, FLORIDA. .
CONTAINING 900 SQUARE FEET OR .021 ACRES
EXHIBIT""]
GENERAL NOTES '~ F:) ~o ~'~
1) P.O.C. = POINT OF COMMENCEMENT ~PREPARED B:f,
2) P.O.B. = POINT OF BEGINNING ..... DATE..
3) SEC. = SECTION RGE R RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
5) RGE = RANGE PUBLIC WORKS ENGINEERING DEPT.
6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
~ { OCT' I ' ,,..
NOT TO SCALE 16, 1998 IMR1 ~7 SHEE' 1 OF 1
NAY 2 5 1999
ps.
OFFICE OF CAPITAL PROJECTS
,3501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(94-1) 77,1--8192
PROJECT NO. 69101
PROJECT PARCEL NO. 118
TAX PARCEL NO. 00194840008
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
TI4E SOUTH FIFTY (5o') FEET OF TIlE NORTH 150 FEET OF TIlE EAST ONE HALF OF THE
NORTHWESTQUARTER OF TIlE NORTHEAST QUARTER OF TItE NORTHWEST QUARTER OF
SECTION 28. TOWNSI lIP 4g SOUTI I. RANGE26 EAST. COLI.IF.R COUNTY, t:LOI~,IDA.
CONTAINING 12545 SQUARE FEET OR 02gg ACRES MORE OR LESS
PARCEL lg
I~ EX[~IBIT
GEOf~F~FEE R. RICHMOND DATEr Y////f'i"
P OFESSlONAL LAND SURVEYOR//2406
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY COVERNMENT COMPLEX MAY 2 i 1999
55ol E TAMIAMI TRAIL NAPLES. FLORIDA 34' 12
" OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO. 120
TAX PARCEL NO 00195120002
LEGAL DESCRIPTION (NOT A SURVEY)
£ee simple title
THE SOUTtl FIFI'Y (Su')FEET OF TI IE NOI~TI 115U FUIST OF TI IU lEAST ONE I IALF OF TItE
NOI~TttEASTQUAI~TIZI~ OF TI IE NOI~TI tEAS'I' QUAI~'I'EI~ OF TI IE NOI~TI IWgST QUAI[TEI~ OF
SECTION 2~ TOWNSItll~ 4~ SOUTI 1, I~ANOE26 EAST, COLLIER COUNTY, FLOI~IDA.
CONTAINING 12545 SQUAI~g FEET OK 0.2~ ACRES MOIRE O1( LESS
I~ARCEL 120
L EXHIBIT
PROFESSIONAL ~ND SURV~OR ~2~06 ~0. ~"~
OFFICE OF CAPITAL PROJECTS
COLLIER COUN~ GOVERNMENT CdMPLEX MAY 2 5
33ol E TAMIAMI TRAIL NAPLES. FLORIDA 3~1 2
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY PROJECT NO ................ 69101
PARCEL NQS, 122,722 & 722A
FOLIO NO ........... 00194800006
NORTHEAST CORNER
SEC. 28. TWP. 48.RGE, 26E .....
COLLIER COUNTY, FLORIDA.
IMMOKALEE ROAD C,R. 846
( 100' R\W)
............ N 89° 1__6'.,3_2".W. .................. 1,980.,8E_ ......
I
PARCEL 122
~ 15' 591.54' 10' ·
352.56'' "'' J[n 1' 10' 961.79' ""'1 75"
352.35'[/._ __120'
~ I~ 134'
L PARCEL 722A
~-i , - PARCEL 722B LU
F I
:
DESCRIPTION PARCEL 122: FEE SIMPL:.E
THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89
FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST
1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF
THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS.
DESCRIPTION PARCEL 722A TEMPORARY CONSTRUCTION EASEMENT
THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST
1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 9350 SQUARE FEET OR .215 ACRES.
DESCRIPTION PARCEL 722B TEMPORARY CONSTRUCTION EASEMENT
THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST
684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH,
RANGE 26 EAST,COLLIER COUNTY,FLORIDA.
CONTAINING 2680 SQUARE FEET OR .062 ACRES.
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING A D ~~~+,.DATE..
3) SEC. = SECTION GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR~FL. REG, # 2406
5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT
6) R/VV = RIGHT OF WAY
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3301 EAST TAMIAMI TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112
NOT TO SCALE OCT. 19, 1998 IMR122 SHEE 1 t~1~,1
NAY 2 5 1999
PUBLIC WORKS ENGiNEEPdNG DEPARTMENT
3301 EAST TAM1AMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO ....... 69101.
PARCEL NO ...... 127G1
FOLIO NO.....66262003685
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMNIENCING AT THE NORTHEAST CORNER OF SECTION 27, TO~VNSHIP 48 SOUTH,
RANGE 26 EAST1 COLLIER COUNTY, FLORIDA: THENCE ALONG THE EAST LINE OF SAID
SECTION 27 SOUTH I DEGREE 28 MINUTES 4] SECONDS EAST, A DISTANCE OF 150 12 FEET~
THENCE NORTH 89 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF ]60.13 FEET
TO THE POINT OF BEGINNING~ THENCE ALONG A LINE LYING 160 FEET WEST, AS
MEASURED PERPENDICULAR 1'O, SAID EAST LINE OF SECTION 27 SOUTH I DEGREE
MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 57 DEGREES 49
MINUTES 50 SECONDS WEST, A DISTANCE OF 9602 FEET; TI{ENCE ALONG A LINE LYING
] 50 FEET SOUTH. AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF AFORESAID
SECT]ON 27 SOUTH 89 DEGREES ]0 MINUTES 56 SECONDS EAST. A DISTANCE OF
,""' FEET TO TIlE PO1N'I OF BEGINNING: SAID DESCRIBED 'I'IL.~CI' CONTAINING ()U4o ACRE
( 1,998 SQUARE FEEl'), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID
SECTION 27 BEING SOUTH 01 DEGREES 28 MINUTES 41 SECONDS EAST. PARCEL 1R127C1
JEXHIBIT J
/i
· i ,~, /c t ~ ~- ~ ,-~ ~4
.--"'--- PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
3301 EAST TAMIAMI TRAIL '
NAPLES, FLORIDA 34112 SHEET
2 5 1999
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192 ' ;-'he_ T
SKETCH OF DESCRIPTION
NOT A SURVEY
P.OC.
NORTHEAST CORNER
SECTION 27
TOWNSHIP 48 SO H
RANGE 26 EAST
,
'~- NORPH LiNE SECT1OPJ 27
IMMOKALEE ROAD
(1oo' R/W)
S 89'10'56"E ~ ~ N 89"10'56'W
.
1 N57'49'5 W ~ ~----10(7,.
GENERAL NOTES J E X H i i~ I T J
1) P.O,C. = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNING
3) SEC. = SECTION ' )~,
4) ~P. = TOWNSHIP
5) RGE. = RANGE
6} R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR
NOTTOSCALE OCT.28,199 IMR12701 SHEET: OF~'i
NAY 2 5 1999
.c. ~5 .
OFFICE OF CAPITAL PROJECTS
"" 5301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774.-8192
PROJECT NO. 69101
PROJECT PARCEL NO. 128
TAX PARCEL NO. 00192920001
SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26 TOWNSHIP 48 SOUTH
RANGE 26 EAST. COLLIER COUNTY. FLORIDA ALSO LYING ON THE NORTH RIGHT
OF WAY LINE OF 1MMOKALEE ROAD (C.R,846); THENCE SOUTH 89 DEGREES 16
MINUTES 18 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE
OF 100.08 FEET; THENCE SOUTH I DEGREE 33 MINUTES 36 SECONDS EAST, A
DISTANCE OF 100.08 FEET TO THE SOUTH RIGfIT OF WAY LINE OF
IMMOKALEE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16
MfNU'R~S 18 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE
OF 1220.60 FEET; THENCE SOUTlt 85 DEGREES 32 MINUTES 11 SECONDS WEST, A
DISTANCE OF 276.2~ FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 723.60 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES l0
~ SECONDS WEST, A DISTANCE OF 220,73 FEET TO THE EAST RIGHT OF WAY LINE
O,F A 100 FOOT CANAL EASEMENT; THENCE NORTH I DEGREE 33 MINUTES 41
SECONDS WEST ALONG SAID EAST LINE OF TIlE 100 FOOT CANAL EASEMENT A
DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 0.652 ACRE (28,384 SQUARE FEET), MORE OR LESS
BASIS OF BEARINGS IS THE SOUTH RIGHT OF WAY LINE OF 1MMOKALEE
ROAD BEING SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST.
PARCEL 128
I EXt~IBiT '~
.
4~; ~' ' ' ' ' '
CEC}J~E R: RI'CHMOND
PROFESSIONAL LAND SURVEYOR #2406 ,,,,G[ "".T .-,
OFFICE OF CAPITAL PROJECTS
COLLIER COUNTY GOVERNMENT COMPLEX N0.__
3301 E TAMIAMI TRAIL NAPLES~ FLORIDA 34112
....,,,. ,,.:c,Ec,,Eo o',.~c~: ,,,,,E.,-,,o.; MAY ; i1999
I SHEET ."'70,
· ·
OFFICE OF CAPITAL PROJECTS
5501 EAST TAbliAMI TRAIL NAPLES, FLORIDA 54112
(941) 774-8192
SKETCH OF DESCRIPTION
N. Line N.[. 1/4
Sec. 26
P.E].C. ,,/
N.W Corner S,89'16'18"E, /.'
Sec. 26 // 100.08' /
, /
~ ,/ N.Sg'lG'18'"W.
100-08"'~4 tMMOKALEE RD. SR-846 (100' R/W) .,(---100.08'
S.89'16"18"'E. 1220.60
P.D.B. --' ? ~ ~ ~
37.00' / ' S.87"3TlO"W. ' . 5,85"52'11"'W,'
220.7Y " \
N.89.16.18. W.21 /, 276,25'
uj PARCEL 128
Z
Zd ~' ~- CANAL
000' R/W)
N. Line NW. 1/4 -
Sac. 26
S.89'17'12"E.
PARCEL 128
GENERAL NBTES
]) P.Q.C. indicates Point oF Commencement
2) P,D.B, indicates Point oF Beginning [ E X H I B I T
3) Sac. indicates Section
4) Twp. Indicates Township
5) Rge. indicates Range '~:'~:~' '~
6) R/~ indicates Right-oF-way
7) ALl distances oPe in Feet and decliners thePear
8) ~Gsis oF geepings is the NoPth R/~ Une oF
Zmmokdee Road being S.89'~6'ZB'E.
9) Not vG[id untess signed and seated with the enbossed
see[ oF the ppoFessiona[ [end sunveyon
THIS IS ONLY A SKETCH
NOT TO06-0B-97 PR-128 SHEETz 25 1999
SCALE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
""' (941 ) 774-8192
PROJECT NO ....... .6..?,.1. Q,~. ........................
PROJECT PARCEL NO,..,.7,~..8. ...............
TAX PARCEL No....g..0..,1,,9..2...9,,2.,Q,0.,Q): ......
LEGAL DESCRIPTION (NOT A SURVEY)
temporary construction easement
COMN/ENCING AT THE NORTH\VEST CORNER OF SECTION 26, TO\VNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 16 MINUTES 18
SECONDS EAST, ALONG TIIE NORTIt LINE OF SAID SECTION 26, DISTANCE OF 300.00 FEET;
THENCE SOUTI I 0 DEGKEES 43 MINUTES 42 SECONDS \VEST, A DISTANCE OF 126.41 FEET
TO THE POINT OF BEGINNING; THENCE NORTtl 87 DEGREES 37 MINUTES 10 SECONDS
EAST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS
EAST, A DISTANCE OF 723.60 FEET; THENCE NORTtl 85 DEGREES 32 M1NUTES 11 SECONDS
EAST, A DISTANCE OF 276.25 FEET; TflENCE SOUTft I DEGP, EE 34 MINUTES 27 SECONDS
EAST, A DISTANCE OF 3803 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
-"- WEST, A DISTANCE OF 426.02 FEET; TIIENCE SOUTIt 0 DEGREES 43 MINUTES 42 SECONDS
WEST, A DISTANCE OF 39.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS
\VEST, A DISTANCE OF 512.98 FEET; TIIENCE SOUTII 4g DEGREES 48 M1NUTES 04 SECONDS
WEST, A DISTANCE OF 50.0{I FEET; THENCE NORTtt 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 50.00 FEET; TFIENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS
EAST, A DISTANCE OF 64.78 FEET; TItENCE SOUTII 89 DEGREES 16 MINUTES 18 SECONDS
WEST, A DISTANCE OF 54.02 FEET; TIIENCE NORTII (I DEGREES 43 MINUTES 42 SECONDS
EAST, A DISTANCE OF 17.66 FEET; THENCE NORTIt 87 DEGREES 37 MINUTES 10 SECONDS
EAST, A DISTANCE OF 54.08 FEET TO TtlE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING O 998 ACRE. (43,466 SQUARE FEFjI'), MORE OR LESS
BASIS OF BEARINGS IS TI Ili NOR'Ill I.INE OF SliCI'ION 26 BIUNG S 89° 16' 18" E.
PARCEL 728
JEXHIBIT
-"---, PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406
PUBLIC WORKS ENGINEERING DEPARTMENT.
COLLIER COUNTY GOVERNMENT COMPLEX
3301 EAST TAMIAMI TRAIL
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
P.O.C.
I N W CORNER SEC.26.
iTwP 48S,RGE. 26E IMMOKALEE ROAD (C.R.846)
_S 89"16'18"E
'
· ~so&%1~:~ _ ,~,~'~o"E
~ ~ ~m~'%o"~/"" ~ PARCEL
= ' ........ ~ ............ N 85"32'~1"E 27625'
~ oo f P.O.B. 749
d ~' ~o.~.~z.~,, ~ .... N~',~'~'~ L
," '
:7 ~, S 0'43'42'~
. S 89' ~ W. / , ~" 39 ~' 38.03'
~ 54 02' .~ ~ ~' · . .. . ~,
I-
GENERAL NOTES
1) P.O.C = POINT OF COMMENCEMENT
2) P.O.B. = POINT OF BEGINNtNG E X H I B i T
4)~P =TOWNSHIP _~ :,,,~t -,q ,,,
5) RGE. = RANGE
6) R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
DRAWN BY CHECKED BY SCALE DATE FILE NO
NOT TO SCALE SHE ~T 2
EXECUTIVE SUMMARY
ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE
OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR CONSTRUCTION
OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS FOR LIVINGSTON
ROAD FROM IMMOKALEE ROAD (C. R. 846) TO A POINT 0.5 MILES SOUTH OF
THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO. 21.
OBJECTIVE: Board approval of a Resolution to acquire by gift, purchase or condemnation
certain fee simple title interests required to complete the Segment A two-lane urban roadway
improvements (2.5 miles) for Livingston Road from Immokalee Road (C. R. 846) to a point 0.5
miles south of the Lee/Collier County Line.
CONSIDERATION: On October 28, 1997, the Board of County Commissioners adopted
Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement
Element of the Growth Management Plan. The Transportation Element of the County's
Comprehensive Plan, which includes the subject Livingston Road improvements, was
subsequently adopted pursuant to Resolution No. 97-62.
On May 19, 1998, the Board of County Commissioners adopted Resolution No. 98-165
authorizing staff to acquire by gift or purchase certain easements and/or fee simple property
interests necessary for the initial two-lane roadway improvements for Livingston Road from
Immokalee Road (C. R. 846) to the Lee/Collier County Line (approximately 6.2 miles in total
length for north/south and east/west roadways). Such right-of-way acquisition activities are in
progress, inclusive of Segment A.
Additionally, staff is in the process of acquiring the necessary fight-of-way interests from Long
Bay Partners which was authorized by the Board recently, pursuant to an Amended and Restated
Developer Contribution Agreement (November 10, 1998) and the Livingston Road Utility
Facilities Reimbursement and Contribution Agreement (January 12, 1999). Therefore, staff has
not included the Long Bay Partners' property in the attached condemnation Resolution.
FISCAL IMPACT: The total estimated acquisition cost for the 2.5 mile Segment A of the
Livingston Road project, exclusive of pending fight-of-way conveyances by Long Bay Partners, is
$1,715,311. It is noted that $1,683,200 is available in this current year budget. Should the
difference between the estimated amount and the current year available budget amount ($32,111)
improvements, and severance damage pay-outs as well as all overhead costs and experises which
may be incurred through condemnation.
Funds for Segment A are available in FY 99 in road construction gas taxes (Fund 3 13) and road
construction impact fees (Fund 331) for Livingston Road from Immokalee Road (C. R. 846) to
the Lee/Collier County Line, Public Works Engineering Project No. 65041.
GROWTH MANAGEMENT IMPACT: The fight-of-way acquisition stage for Livingston
Road is consistent with the County's Growth Management Plan and is shown on the year 2020
Roadway Needs Network Plan and the year 2020 Roadway Financially Feasible Network Plan.
The Livingston Road project is Capital Improvement Element No. 21.
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve the attached Resolution authorizing the acquisition by girl, purchase or
condemnation of the fee simple title interests required to complete the Segment A two-lane
roadway for Livingston Road from Immokalee Road (C. R. 846) to a point 0.5 miles south of the
Lee/Collier County Line; and
(2) Authorize the Chairman to execute the attached Resolution.
PREPARED BY: ...... -----~, ,~ ,~ DATE:
Deena L. Quinn, Senior Specialist
Real Property Management Department
SUBMITTED BY: ~~p
Vladimir A. Ryziw, P.E., ~ P, ojec~ Manager III
Public Wor~ Engineeri artment
~ Bibby, P. E., Director
Public Wor~ Engineering Depa tment
~VIEWED BY DATE: ~-?
EdwardJ. Kant, ' irector
Tr o
APPROVED B~ DATE:
Ed Ilschner, Administrator
Public Wor~ Division
MAY 2 5
PG.
1
2
3 RESOLUTION NO. 99-
4
5 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT,
6 PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR
7 CONSTRUCTION OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS
8 FOR LIVINGSTON ROAD FROM IMMOKALEE ROAD (C. R. 846) TO A POINT
9 0.5 MILES SOUTH OF THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO.
10 21.
11
12 WHEREAS, the Board of County Commissioners, on October 28, 1997, adopted
13 Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement
14 Element of the Growth Management Plan in order to establish priorities for the design,
15 acquisition and construction of the various capital improvement projects. The Transportation
16 Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62; and
17 WtlEREAS, tile initial two-lane improvements to l.ivingston Road from Immokalee
18 Road (C. R. 846) to a point O 5 miles south of the Lee/Collier County Line (hereinafier
19 referred to as Segment A), is one of the capital improvement projects required under the
20 Transportation Element of the County's Comprehensive Plan; and
21 ;VHEREAS, the Board of County Commissioners, on May 19, 1998, adopted
22 Resolution No 08-165 authorizing the County staff to acquire by gift or purchase certain
23 e~sements and/or fee simple title to the property and property interests required and necessary
24 for the initial two-lane roadway improvements of Livingston Road from Immokalee Road (C.
25 R. 846) to the Lee/Collier County Line, which is inclusive of Segment A; and
26 WHEREAS, the location for construction of the proposed Segment A improvements
27 has been fixed by design and permitting and is collectively represented by the legal
28 descriptions comprising Exhibit "A" attached hereto and incorporated berein
29 WHEREAS, after consideration of the availability of alternate routes and locations, the
30 comparative costs of project ahernatives, various impacts upon the environment, long range
31 planning options, and public safety considerations, the Board desires to exercise its right to
32 condemn property for Segment A for public purposes.
33 NO\V, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF COLLIER COL,rNTY, FLORIDA, that it has been determined by the
35 Board that the construction of the Segment A two-lane roadway for Livingston Road from
36 Immokalee Road (C R 846) to a point 05 miles south of the Lee/Collier County Line, is
37 necessar-,' and in the publids best interest in order to protect the health, safety and welfare of
38 the citizens of Collier County
39 AND IT IS FURTHER RESOLVED that construction of the Segment A roadway is
' t A~ '~' I.Ttlq
40 parZ of the Countv's lona ranu, e planninu, effort, and is included in the Transportation ~
.... El en,0'
PlAY 2 5 1999
Page 1 PG. -~
1 oFthe County's Comprehensive Plan for Growth Management, as approved by the Florida
2 Department of Community Affairs.
3 AND IT IS FURTHER RESOLVED that the County staff has reviewed alternative
4 locations for the Segment A roadway, various impacts to the environmental, public safety and
5 welfare considerations associated wilh the design and constn, ction of the project, and the costs
6 associated with the design, property rights acquisition, and construction of the project; and the
7 Board finds that after consideration ofthese issues, the most feasible location for construction
8 ofthe proposed Segment A roadway improvements is collectively represented by the legal
9 descriptions comprising Exhibit "A" aUached hereto and incorporated herein.
10 AND IT IS FURTHER RESOLVED that in order to construct the Segment A
11 roadway as designed and permitted, it is necessary for the Board to acquire the fee simple title.
12 AND 1T IS FURTHER RESOLVED that all property shall be put to public purposes.
13 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
14 immediately acquire by gift, purchase or condemnation in accordance with the provisions of
15 Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests for
16 Segment A as more particularly described in Exhibit "A", attached hereto and incorporated
17 herein.
l g AND 1T IS FURTHER RESOL\tED that no mobile homes are located on the property
19 sought to be acquired and therefore it will not be necessary to remove an), mobile homes from
20 the property to be acquired
21 This Resolution adopted on this __ day of , 1999, after motion,
22 second and majority vote
23
24 BOARD OF COUNTY COMMISSIONERS
25 ATTEST: OF COLLIER COUNTY, FLORIDA
26 Dx, V1GI IT E BROCK, CI.ERK
27 By:
28 PAMELA S. MAC'KIE, CHAIRWOMAN
20
30 , Clerk
3I
32 Approved as to form and
33 legal su~Scienc?'
35 t , (. ,, ~/' ,
36 t ieidi F Ashton
37 Assistant Count)' Attorney
I,.1AY 2 5 1999
Page 2 PG. +
FEE SIMPLE
EX ;iBtT
Ho~e, Montes& Associates, ~nc.
Engineers / Planners ! Surveyors
Folio #00163520003
P2LRCEL 83-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COEMENCE AT THE'SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET.TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN S. 88°31'07'' W., ALONG THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
275.02 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE'OF THE SOUTHEAST 1/4 OF SAID SECTION
24; THENCE RUN N. 00°43'01'' E., PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 3.98 FEET TO A
POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00°35'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTANCE OF 994.11 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88o27'02'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 275.04
FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24;
THENCE RUN S. 00°35'09'' E., ALONG THE EAST LINE OF THE NORTHEAST
1/4 OF SAID SECTION 24, FOR A DISTANCE OF 998.42 FEET TO THE POINT
OF BEGINNING, CONTAINING 6.30 ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91 HOLE, MONTES & ASSOCIATES, INC.
' Thomas J. Ga~is State of Fla.
..-.: .' MAY 2 5 1999
715 Tenth St. Soum r" 6202-F Presidential Court [] 105.50 Abema~chy Street
PO. Box 1586 FeN1 Myers, FL 33919 Bor~a Sprm~gs, FL 33923
Naples, FL 33939 (813) 481-7874 (813i 992-0795
(813) 262-4617 FAX (813) 481-1015 FAX (813) 992-232?
FAX (B13) 262-3074
FEE SIMPLE
Hole, Montes & Associmes, Inc.
Engineers / Planners / Surveyors
Folio #00163560005
PARCEL 84-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01" W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24; THENCE RUN N. 00o35'09" W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
1331.23 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE ~ORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT
OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
S. 88°25'41'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF
SAID SECTION 24; THENCE RUN N. 00°35'09'' W., PARALLEL WITH THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
665.40 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTIOn; 24; THENCE
RUN N. 88°22'58" E., ALONG SAID NORTH LINE, FOR A DISTANCE OF
275.04 FEET TO THE NORTHEAST COPPIER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF.SAID SECTION 24; THENCE RUN
S. 00°35'09'' E., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 665.62 FEET TO THE POINT OF BEGINNING, CO~iTAINING 4.20
ACRES, MORE OR LESS.
BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01" E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91 HOLE, MON-TES & ASSOCIATES, INC.
BY ~ ' P.L.S. #3741
Thomas J.~rris State of Fla.
MAY 2 5 1999
PG. 7 I
715 Tenth St. South ~ 6202-F Preside'~ial ~ ~ 10550 Abernathy Street
RO. Box 1586 Fort Myers. FL 33919 Bonita Springs, FL 33923
Napies, FL 33939 (813) 481-7~74 (813) 992-0795
(813) 262-4617 FAX (813) ,{181-1015 FAX (813) 992-2327
FAX (813) 262-3074
FEE SIMPLE
Hole, Montes &Associates, Inc. ~,~%~%t
Engineers ! Planners ! Surveyors
Folio #00164800007 REVISED
PARCEL l16-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24, THENCE RUN N. 00°35'09'' W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
1996.86 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/~ OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF'THE NORTHEAST 1/4 OF SAID
SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S. 88o22'58'' W., ALONG THE SOUTH LINE OF THE
SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO
A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,
THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00°35'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
0F SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88°21'35'' E., ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1./4 OF SAID
SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER
OF THE SOUTH 1/2 OF T,;E NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00°35'09'' E., ALONG
THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 332.81FEET TO THE POINT OF BEGINNING, CONTAINING 2.10
ACRES, MORE OR LESS.
BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC.
BY /~~ k/.~~_i P.L.S. #3741
Thomas J. G~rris State of Fla.
NAY 2 5 i999
P.O. E~ox 158B F~t ~ye~s, FL 3,3919 5~ita Sprin~s, FL ~923
Naples, FL ~g3g (813) ~81-7874 (813) g92-0795
(813) 262-4617 FAX (813) 481-1015 FAX (813) 992-2327
FAX (813) 262-3074
? N88'21*35'E 662.~5'
~,1, ~
~ omm
i~in~
~:~<
FEE SIMPLE
Hole, Montes &Associates, I~. D%~S~ "~'
Engineers/Planners/Surveyors
Folio #00164440001 REVISED
PARCEL 107-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COF[MENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., ALONG THE EAST
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF
2329.67 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/~ OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN S. 88°21'35'' W., ALONG THE SOUTH LINE OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO
A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO,
THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 00035'09" W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE
NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN
N. 88°20'15'' E., ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00°35'09" E., ALONG
THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A
DISTANCE OF 332.81.FEET TO THE POINT OF BEGINNING, CONTAINING 2.10
ACRES, MORE OR LESS.
BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE
EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC.
BY P.L.S. 3741
Thomas J. Ga~ris State of Fla.
NAY 2 5 1999
pG. II
715 Tenth S1. South [] 6202-F Residential Court Lj lUbbO Abernatrny Street
P.O. Box 1586 Fo~t Myers, FL 33919 Bonila Springs. FL 33923
Naples, FL 33939 {'813) 481-7874 (813) 992-0795
(813) 262-4617 FAX (813) ,481-1015 FAX (813) 992-2327
FAX (813) 262-3074
~ 21, , .... N88'20'lS'E132508'
~ o NO.
i~: Fo 'o > MAY 2 5 1999
FEE SIMPLE
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO ......... t~.5.O.....~..t ...........
PROJECT PARCEL No....,I.'Z3..::."J...5.. .....
TAX PARCEL NO .....................................
LEGAL DESCRIPTION (NOT A SURVEY) F'OL, IO #00150480004
BEGIN AT THE SOUTHEAST CORNER OF SECTION 13. TOWNSHIP 48 SOUTH, RANGE 25 EAST
COLLIER COUNrI~', FLORIDA; THENCE SOUTH 8g° DEGREES, 20 MINUTES, 15 SECONDS
WEST ALONG THE SOUTH LINE OF SECTION 13 A DISTANCE OF 275 05 FEET;; THENCE
NORTH 0 DEGREES 35 MINUTES 09 SECONDS WEST, A DISTANCE OF 5 31 FEET; THENCE
NORTH 0 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 449,90 FEET TO THE
POINT OF CURVATURE OF A TANGENT CUR\E, CONCAVE TO THE WEST. HAVING A
RADIUS OF 1772,36 FEET AND A CENTRAl. ANGLE OF 7 DEGREES Off MINUTES 00 SECONDS;
THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 216 53 FEET; THENCE NORTH 88
DEGREES 22 MINUTES 4O SECONDS EAST. A DISTANCE OI" 2'7627 FEET TO TIqE POINT OF
CURVATURE OF A NON-TANGENT CURVE. CONCAVE TO THE WEST, HAVING A RADIUS OF
204736 FEET, A CENTRAL ANGLE OF 6 DEGREES 12 MINUTES 16 SECONDS. AND A CHORD
OF 221 60 FEET BEARING SOUTH 3 DEGREES 3'7 MINUTES 47 SECONDS EAST; THENCE
SOUTH ALONG SAID CURVE, A DISTANCE OF 221 '71 FEET; THENCE SOUTH 0 DEGREES 31
MINUTES 3'7, SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 13. A DISTANCE OF
449.76 FEET TO THE POINT OF BEGINNING
CONTAINING 184,691 SQUARE FEET OR 424O ACRES
PREPARED BY.;%. ...... DATE..
GEORGE R. RICHMOND __,,,----- ~'
24 ~'SE ~
PROFESSIONAL LAND SURVEYOR-FL. REG. ~.
PUBLIC WORKS ENGINEERING DEPARTMEN . --
COLLIER COUNTY GOVERNMENT COMPLEX
'AM,AM, ','RA,L pNZAY 2 5 1999
NAPLES, FLORIDA 34112 SHEET O
L"'-" /.2, _
' 13-45
---- PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL ,, NAPLES, FLORIDA 34112
_ (941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
,",Li'-." t I I N 8B°22'40.0"E
""" / '
[[ 276.27'
,' i':!' I I I 12.oo.
{ I
O
I
i
N 0'35'09"W
275.05'
/
P.O.B.
SOUTHEAST CORNER OF SECTION 13,
GENERAL NOTES TOWNSHIP 48 SOUTH,RANGE 25 EAST.
1) POC = POINT OF COMMENCEMENT
2} P O B = POINT OF BEGINNING
3) SEC = SECTION Cu~e Delta Angle Radius Arc Tangen~ Cfiord Chord Beadng
4) ~P = TO'~NSHIP 1 7000'00" 177236 216.53 108.40 21640 N 4"01'37" W
~ 5) RGE = RANGE 2 6~12'16" 2047.36 221.71 110.96 221.60 S 3~37'47'' E
6) R,~ = RIGHT OF WAY
7) ALL D~STANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALID UNLESS S~GNED AND SEALED WiTH THE
~ ,~o~To~c~L~ oc~23,,9~ L,V4ST SHEET2.,F2R~Y 2 5 1999
FEE SIMPLE
PUBLIC WORKS ENGINEERI"NG DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PRmEcT No ................~.d.....4..l. ....
PROJECT PARCEL NO...[.,'~...r.7.~. ......
TAX PARCEL NO ....................................
LEGAL DESCRIPTION (NOT A SURVEY) port'to #00151440205
COMMENCING A'F TI IE SOUTt lEAST CORNEl( OF SECTION 13, TOWNSflIP 48 SOUTI-[, RANGE
25 EAST, COLLIER COUNTY, FLORIDA; TI IENCE NORTII I1 DEGREES 31 MINUTES 37
SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION 13 A DISTANCE OF 671.26 FEET;
THENCE SOUTH 88 DEGREES 22 MINUTES 40 SECONDS WEST. A D1STANCE OF 12.00 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88 DEGREES 22 MINUTES 40
SECONDS WEST A DISTANCE OF 27627 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO TIle WEST, HAVING A RADIUS OF 1772.36 FEET, A
CENTILzkL ANGLE OF 22 DEGREES 53 MINUTES 41 SECONDS, AND A CHORD OF 703.51 FEET
BEARING NORTH 18 DEGREES 58 MINUTES 27 SECONDS WEST; THENCE NORTH ALONG
SAID CURVE, A DISTANCE OF 70822 FEET; TItENCE NORTII 88 DEGREES 25 MINUTES 03
SECONDS EAST, A DISTANCE OF 307.78 FEET TO TttE POINT Ot: CURVATURE OF A NON-
TANGENT CURVE, CONCAVE TO TIle WEST, HAVING A RADIUS OF 2047.36 FEET, A
CENTRAL ANGLE OF 19 DEGREES 31 MINUTES 55 SECONDS. AND A CHORD OF 694.56 FEET
BEARING SOUTH 16 DEGREES 29 M1NUTES 51 SECONDS EAST; THENCE SOUTH ALONG
SAID CURVE, A DISTANCE OF 69794 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED
TRACT CONTAINING 4.436 ACRES ( 193,231 SQUARE FEET), MORE OR LESS.
....... DATE..: 'l:..~..Z,.':..~iC.,t" '
PROFESSIONAL LAND SURVEYOR-FL. REG. 2406 ' ' - ,z
PUBLIC WORKS ENGINEERING DEPT.
coLL,ER COUNt,' GOVERNMENT COMPLEX NAY 2 5 1999
3301 EAST TAMIAMI TRAIL
NAPLES. FLORIDA 34112 SHEET OFSi2 /,~'
13
,A PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL - NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION !,
NOT A SURVEY ,/"'t
I .~ I ~ I '
0
I ~ I I '
I I I ·
~ . ~ P.O.C, -
' " 276 21' '
S 8B'22'29"W /
1200' ~'
P.O.C.
SOUTHEAST CORNER OF SECTION 13. _
TOWNSHIP ~ SOUTH. RANGE 25 EAST
Cu~e Delta An~e Radius Arc Tangent Chord Chord Bearin
1 22"5341 ' 177236 708 22 358 90 70351 N 18'5B'27"
2 19'31'55" 204736 697 94 35239 694 56 S 16'29'51" E
GENERAL NOTES
1) PC C = POINT O~ COMMENCEMENT
2) POB = POINT OF BEGINNING
3) SEC = SECTION
4) ~P = TOWNSHIP
5) ROE = RANGE
6) R~ = RIGHT OF WAY
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
8) NOT VALrD UNLESS SIGNED AND SEALED WITH THE ' [
NOT TO SCALE OCT 23,1998 LIV45TN SHEET 20I 12 1999
FEE SIMPLE
Hole, Montes &Associates, Inc. ~X~i~i~ "A~'
Engineers/Planners/Surv~om
Folio #00148480003
PARCEL 2-T
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°31'37'' W.,
ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 1342.53 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
S. 88°25'03'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 203.13 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE S. 88o25'03'' W., ALONG SAID SOUTH LINE, FOR A
DISTANCE OF 307.78 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO
THE SOUTHWEST, WHOSE RADIUS POINT BEARS S. 59°34'42'' W. A DISTANCE
OF 1772.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CENTRAL ANGLE OF 30°53'23'', SUBTENDED BY A CHORD OF 944.00 FEET,
AT A BEARING OF N. 45°51'59'' W. FOR A DISTANCE OF 955.53 FEET TO
THE END OF SAID CURVE; THENCE RUN N. 61°18'41'' W. FOR A DISTANCE OF
i65.15 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°34'14'' W., ALONG
SAID WEST LINE, FOR A DISTANCE OF 315.22 FEET; THENCE RUN
S. 61°18'41'' E. FOR A DISTANCE OF 319.22 FEET TO THE BEGINNING OF
A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE RUN
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A
RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 35°02'53'',
SUBTENDED BY A CHORD OF 1232.95 FEET, AT A BE~_RING OF
S. 43°47'14'' E., FOR A DISTANCE OF 1252.38 FEET, TO THE END OF SAID
CURVE AND THE POINT OF BEGINNING, CONTAINING 8.50 ACRES, MORE OR
LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
N. 00o31'37'' W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC.
BY /~ ~.~a~r.~L_ P.L.S. =3741
Thomas J. ris State of Fla.
MAY 2 5 1999
ps.
,, I
[] 715 Te~th SL South [] 6202-F Pres~-~tjal Cou'l ' 10550 At:~emathy Street
RO, Box 1586 Fort Mye's, FL 33919 Bo~ita Sprigs. FL 33923
Naples, FL 33939 (813) 481-7874 (813) 992-0795
(813) 262-4617 FAX (813) 481-1015 FAX (813) 992-2327
FAX (813) 262-3074
NAY 2 5 1999
.G.
FEE SIMPLE /
Hole, Montes & Associates, Inc.
REVISED
Engineers / Planners / Surveyors PARCEL 41-T
Folio #00150320009
A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13 ,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88° 20'15" W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 1325.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
N. 00°34'14" W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 1344.36 FEET TO
THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 13; THENCE CONTINUE N. 00° 34 ' 14" W. , ALONG 'THE EAST
LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13,
FOR A DISTANCE OF 759.17 FEET TO THE POINT OF BEGINNING OF THE
PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 61° 18 '41" W. FOR A
DISTANCE OF 609.04 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR
CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG THE
ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET,
THROUGH A CENTRAL ANGLE OF 13° 04 ' 37" , SUBTENDED BY A CHORD OF
466.26 FEET, AT A BEARING OF N. 54°46'23'' W., FOR A DISTANCE OF
~67.28 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE
OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13;
THENCE RUN N. 88°29'51'' E., ALONG THE NORTH LINE OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
444 · 75 FEET, TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 31°14'13" E. A DISTANCE OF
1772.36 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL
ANGLE OF 02° 32 ' 54" , SUBTENDED BY A CHORD OF 78 · 83 FEET, AT A
BEARING OF S. 60°02'14" E. FOR A DISTANCE OF 78.83 FEET TO THE END
OF SAID CURVE; THENCE RUN S. 61°18'41'' E. FOR A DISTANCE OF 454.98
FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 00° 34 ' 14" E. , ALONG
THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 13 , FOR A DISTANCE OF 3 15 . 22 FEET TO THE POINT OF
BEGINNING, CONTAINING 5.13 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S · 88° 20 ' 15" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13 , TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA ·
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC.
I
Thomas J./Garris State o
[] 715 Tef~th St. South ~ 6202-F Residential Court
P.O. Box 1586 For1 Myers, FL 33919 Bonita Spr~3gs, FL 33923
Naples, FL 3,3939 (813) 481-7874 (813} 992-0795
{813) 262-4617 FAX (813) 481-1015 FAX (813) 992-2327
FAX (813) 262-3074
MAY 2 5 lggg
FEE SIMPLE
HoI~ Monks & Associmes, Inc. E H!BIT
Folio #
PARCEL 1-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15" W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°36'50'' W., ALONG
THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 13; THENCE RUN N. 88°29'51'' E., ALONG THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
663.53 FEET TO THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN N. 00°35'40'' W., ALONG THE WEST LINE OF THE
WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET, TO A POINT
ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT
BEARS N. 39°09'33'' E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE
RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING
A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07°55'20'',
SUBTENDED BY A CHORD OF 244.86- FEET AT A BEARING OF
S. 54°48'07'' E., FOR A DISTANCE OF 245.06 FEET TO THE END OF SAID
CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE
SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN S. 88°29'51'' W., ALONG SAID SOUTH LINE, FOR
A DISTANCE OF 198.64 FEET TO THE POINT OF BEGINNING, CONTAINING
0.32 ACRE, MORE OR LESS.-
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC.
/~ k/.~_~.'- 'P.L S #3741
BY 9~ · -
Thomas J. Garris State of Fla.
MAY 2 5 1999
715 Tenth St. South "! 6202-F Presidential Court ~ 10550 Abemathy Street
PO. Box 1586 Fo~l Myers, FL 33919 Bonita Springs, FL 33923
Naples, FL 33939 (813) 481.7874 (813) 992-0795
(813) 262-4617 FAX (813) 481-1015 FAX (813) 992-2327
FAX (813) 262-3074
' ~ ~~ F' NBS'29'51'E 66353'
W~/2.5~1IL. 5WI/~. NEI/~.
0
Z
O
~ '~S99
~ I o NO. AGEN~
~ ~o o
~ ~ ~:~ MAY 2
FEE SIMPLE
Hole, Montes & Associmes, Inc. ~IB~
Engineer/Planners/Surveyors
Folio #00150040004 REVISED
PARCEL 34-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15" W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE
SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°36'50'' W., ALONG
THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST
1/4 OF SAID SECTION 13; THENCE'RUN N. 88°29'51'r E., ALONG THE SOUTH
LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
417.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 41°45'56'' E. A DISTANCE OF
2047.36 FEET THEREFROM, AJID THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH
A CENTRAL ANGLE OF 12°25'05'', SUBTENDED BY A CHORD OF 442.87 FEET,
AT A BEARING OF N. 42°0!'32'' W., FOR A DISTANCE OF 443.74 FEET TO
THE END OF SAID CURVE AND TOoA POINT ON THE NORTH LINE OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4
OF SAID SECTION 13; THENCE RUN N. 88031'06" E., ALONG THE NORTH
LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 346.08 FEET
TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE
RADIUS POINT BEARS N. 47°51'38'' E., A DISTANCE OF 1772.36 FEET
THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE
OF 08°42'05'', SUBTENDED BY A CHORD OF 268.90 FEET, AT A BEARING OF
S. 46°29'25'' E., FOR A DISTANCE OF 269.16 FEET TO THE END OF SAID
CURVE AND A POINT ON THE EAST LINE OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN S. 00c35'40'' E., ALONG THE EAST LINE OF THE
SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET TO
A POINT ON THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE
RUN S. 88°29'51'' W., ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 246.11 FEET, TO THE POINT OF
BEGINNING, CONTAINING 2.67 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER ~i~~3 ,' "~
~ 715 T~th St. SOuth ~ 6202-~ Presid~tial Court 1~C
P.O. ~x 1586 Fort My~s, FL ~919 Bonita ~gs. FL ~9~
Naples, FL ~939 (813) 481-7874 (813) 992-0795
(813) 262-4617 FAX (813) 481-1015 ~X (813) 992-~27
~X (813) 262-3~4
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC.
BY /~~ \/~~ P.L.S. #3741
Thomas J. ~arris State of Fla.
MAY 2 5 1999
NAY 2 5 1999
FEE SIMPLE
Hole, Montes & Associates, Inc.
Engineers ,' Planners/Surveyors : 'i-'i~.~,'
Folio ~00150960003 REVISED
PARCEL 56.01-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CO,~<ENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLCRIDA; THENCE RUN S. 880 20 '15" W., ALONG THE
SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTAlICE OF
2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAiD
SECTION 13; THENCE RUN N. 00° 36 '50" W. , ALONG THE WEST LINE OF THE
SCUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTA:;CE OF 2692.40 FEET, TO
THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE
CONTIJUE N. 00° 36'50" W., ALONG THE WEST'LINE OF THE NORTHEAST 1/4 OF
SAiD SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST COR:IER
CF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88°31'06'' E., ALONG THE
SOUTH LiNE OF THE NORTH 1/2 OF THE SOUTHWEST 1//4 OF THE SOUTHWEST 1/4 C'F
~== NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331 82 rift TO
THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST
1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, A.'iD
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN 1;. 00~36'15'' W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH
1/2 C'F THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13, FOR A DISTANCE OF 180.39.FEET, TO A POINT ON A CIRCULAR
CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 55} 1O' 01" E.
A DiSTAlICE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CE,':TF~%L ANGLE OF 07o18'23'', SUBTENDED BY A CHORD OF 225.86 FEET, AT A
BEARING OF S. 38°29'11'' E., FOR A DISTANCE OF 226.01 FEET, TO THE E}7D OF
SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13; THENCE RUN S. 88°31'06'' W., ALONG THE SOUTH LINE OF THE
EAST 1/2 OF THE NORTH .1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTAliCE OF 138.70 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.27 ACRE, I.!ORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARIXG OF S. 88c 20 ' 15"
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48
SOUTH, Pj~NGE 25 EAST, COLLIER COUNTY, FLORIDA.
SUEJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SiG:,'ED 02/07/91 HOLE, MONTES& ASSOCIATES, INC.
Thomas J.~ Garris State of Fla.
715 Terfh St So>jib 23 6202F Presidential Courl : 1055C~ Abernathy Street
--,-< ,..,--,.
t FEE SIMPLE
~ ~ EXHIBIT "A"
Page ~ of 2
Hole, Montes & Associates, I~.
Engineers / Planners / Su~eyors
Folio #00150760009 REVISED
PARCEL 52-T
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°36'50'' W., ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID 'SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE NORTHWEST
1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00°'36'50'' W., ALONG THE
EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE
OF 538.55 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, WHOSE RADIUS POINT BEARS N. 60°46'41'' E., A DISTANCE OF
2047.36 FEET THEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH
A CENTRAL ANGLE OF 04°11'32'', SUBTENDED BY A CHORD OF 149.77 FEET,
'AT A BEARING OF N. 27°07'43'' W., FOR A DISTANCE OF 149.80 FEET TO
THE END OF SAID CURVE AND A POINT ON THE NORTH LINE OF THE NORTH
1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 13; THENCE RUN N. 88°32'39'' E., ALONG SAID NORTH
LINE, FOR A DISTANCE OF 66.87 FEET, TO THE NORTHEAST CORNER OF THE
NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN S. 00°36'50'' E., ALONG
THE EAST LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11
ACRE, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/14/91 HOLE, MONTES & ASSOCIATES, INC.
BY \ . P.L.S. #3741
Thomas G~rris I. State of Fla.
Y 2 5 1S99
D 715 T~ St. S~th [] 6202-F Residentml C,4X,1 O 10~ Abemm~ Strut
P.O. ~x 1586 ~rt My~s, FL ~919 Bonita Sprbgs, FL ~923
Naples, FL ~939 (813) 481-7874 (813) 992-~95
(813) 262-4617 ~X (813) 481-1015 ~X (813) 992~~27
FAX (813) 262-3074
/
/ FEE SIMPLE
-Iole, Montes & Associates, Inc.
Engineers / Planners / Surveyors
Folio #00149880000 REVISED
PARCEL 30-T
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88° 20'15" W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST
1/4 OF SAID SECTION 13; THENCE RUN N. 00°36'50'' W., ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID
SECTION 13; THENCE RUN N. 00° 3'6'50" W., ALONG ~HE WEST LINE OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO
THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE N. O0° 36'50" W., ALONG THE WEST LINE OF THE NORTHEAST 1/4
OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE NORTHWEST
CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88° 34 '45" E.,
ALONG THE NORTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 33.32 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 83°50'04'' W., A DISTANCE
OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC
OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH
A CENTRAL ANGLE OF 22°48'29'', SUBTENDED BY A CHORD OF 700.88 FEET
AT A BEARING OF S. 17° 34'10" E., FOR A DISTANCE OF 705.53 FEET TO
THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2
OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 13; THENCE RUN S. 88°32'19'' W., ALONG THE SOUTH LINE
OF THE WEST 1/2 OF THE NORHTWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 237.74 FEET TO
THE POINT OF BEGINNING, CONTAINING 1.72 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF
S . 88° 20 ' 15" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13 , TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC.
BY , Thomas '~xrris.-' .--'.. bta:t:e of Fla.
:_: :. ", HAY 2 5 1999
Q 715 Tenth St. South [] 6202-F Residential C~urt ': '- ' ' [] 10550 Abernathy Street
P-O. Box 1586 Fort Myers, FL 33919 ]-., . -:" Benira Springs, FL 3-3923
Naples, FL 33939 (813) 481-7874 , '...... (813) 992-0795
{813) 262-4617 FAX (813) 481-1015 - FAX (813) 992-2327
FAX (813) 262-3074
NAY 2 5 1999
PG. 3J
FEE SIMPLE
"" Hole, Montes & Associates, Inc.
5gineers/Planners/Su~eyors
Folio #00151320008 REVISED
PARCEL 65-T
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W.,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR
A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50" W., ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE ~ORTHWEST
1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00°36'50'' W., ALONG THE
EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE
OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, AND THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
RUN S. 88°32'39'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A
DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO
THE NORTHEAST, WHOSE PADIUS POINT BEARS N. 84o28'28'' E. A DISTANCE
OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET,
THROUGH A CENTRAL ANGLE OF 19°30'25V, SUBTENDED BY A CHORD OF
693.68 FEET, AT A BEARING OF N. 15o16'44" W., FOR A DISTANCE OF
697.04 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE
OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTBqEST 1/4 OF
SAID SECTION 13; THENCE RUN N. 88°35'26'' E., ALONG SAID NORTH LINE,
FOR A DISTANCE OF 242.50 FEET TO THE NORTHEAST CORNER OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 13; THENCE,RUN S. 00~36'50'' E., ALONG THE EAST LINE OF THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE POINT OF
BEGINNING, CONTAINIDG 2.71 ACRES, MORE OR LESS.
BEARINGS SHOWN HEREON REFER TO AN ASSUMED . BEARING OF
S. 88°20'15" W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF
SECTION 13, TOWNSHIP 48 SOUTH, P~NGE 25 EAST, COLLIER COUNTY,
FLORIDA.
SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONSOF RECORD.
SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC.
· Thomas J darri Sta e
~ . s t o
MAY 2 5 1S99
[] 715 T~th St. South [] 6~2-F ~F...,Oslml Court ~ 105~ Abemat~ Street
RO. ~x 1586 F~t My~s. r_ ~919 Bonita ~r~gs, FL ~9~
Naples, FL ~939 (813) 481-~7~ (813) 992-0~5
(813) 262-4617 ~X (813) ~I015 FAX (813) 992-2327
FAX (813) 262-3074
MAY 2 5 1999
PG- ~
FEE SIMPLE
FOLIO ~00150800008
i~o: '
, '~ .. ..
,
0 ~ , 00'~6'50' E
~oz
FEE SIMPLE
;'~k Preserving and enhancing Flodda's quality of life since 1966
HMA PROJECT #1985031 -A-401
HOLE, MONTES& ASSOCIATES, INC. 4/14/99
ENGINEERS PLANNERS SURVEYORS REF. DWG. #B-2638
FOLIO #00148640005
PARCEL 2.4T REVISED
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS.
FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°41 '00'W., ALONG THE
NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 250.02 FEET;
THENCE RUN S.69°08'38"E. FOR A DISTANCE OF 73.71 FEET; THENCE RUN S.00°52'45"W. FOR A
DISTANCE OF 436.17 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE
EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 2153.48 FEET, THROUGH A CENTRAL ANGLE OF 01 °29'36', SUBTENDED BY A CHORD OF
56.12 FEET AT A BEARING OF S.00°07'58'VV., FOR A DISTANCE OF 56.12 FEET TO THE END OF SAID
CURVE; THENCE RUN S.00°36'50"E. PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 13, FOR A DISTANCE OF 153.82 FEET TO A POINT ON THE SOUTH LINE OF THE
EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 13; THENCE RUN N.88°38'13'E., ALONG THE SOUTH LINE OF THE EAST HALF OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13,
FOR A DISTANCE OF 193.52 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH
HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE
RUN N.00°36'50"VV., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR
A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING; CONTAINING 2.942 ACRES, MORE OR
LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 13. TOWNSHIP 48
SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50'W.
HOLE, MONTES& ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
BY~~.~' .... P.LS. # 3'/41
THOMA~ J. GAR S STATE OF FLORIDA
RI
~o-~
MAY '2 5 1999
FEE SIMPLE
Preserving and enhancing Rorida's quality of lite since 1966 ,
HMA PROJECT #1985031 -A-401
HOLE, MONTES & ASSOCIATES, INC. 4/13/99
ENGtNEERS PLANNERS SURVEYORS REF. DWG. #B-2636
FOLIO ~00149720005
PARCEL 26-T REVISED
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN
N.88°39'39"E., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,
FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44°01 '24"W. FOR A DISTANCE OF 42.70 FEET;
THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 13, FOR A DISTANCE OF 200.02 FEET; THENCE RUN S.88°39'39'W., PARALLEL
WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE
OF 22.00 FEET; THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 106.70 FEET TO A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN
S.88°38'26"W., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHVVEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION
. 13, FOR A DISTANCE OF 28.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.343 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BE!NG N.00°36'SO'W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
BY "'7~r~"-,,., ~'~'~ P.L.S. # 3741
THOMAS J. GARRIS STATE OF FLORIDA
FEE SIMPLE
HMJlk Preserving and enhancing Florida's quality of life since 1966
HMA PROJECT #1985031-A-401
HOLE, MONTES & ASSOCIATES, INC. 4113~99
ENGINEERS PLANNERS SURVEYORS REF. DWG.#B-2637
FOLIO ~00150080006
PARCEL 35-T REVISED
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°36'50'E.
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE
OF 336.73 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER'OF
SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN N.88°38'26"E., ALONG THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13. FOR A DISTANCE OF 27.98 FEET; THENCE RUN
S.04°07'49NV. FOR A DISTANCE OF 338.26 FEET TO THE SOUTHWEST CORNER OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE
WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73
· FEET TO THE POINT OF BEGINNING; CONTAINING 0,108 ACRE, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
BY~~-~ "~/q~' _ P.LS. # 3741
THOMAS J. GARRIS STATE OF FLORIDA
MAY 2 5 1999
1C550 AEE~rjATHY STmEE~ EC, r,I:TA SDR!hlG% FLOriDa' 34135 941-992-0795 FAX 9.'..1 -9'~2 2327
EXECUTIVE SUMMARY
APPROVE AUTHORIZATION FOR PAYMENT FOR REPAIRS,
MODIFICATIONS AND EQUIPMENT NECESSARY FOR CONTINUED
OPERATION OF THE NAPLES LANDFILL.
OBJECTIVE: To provide funds to accomplish repairs, modifications and acquisition of
equipment needed to provide adequate leachate drainage, landfill gas and odor control at
the Naples Landfill.
CONSIDERATION: On April 20, 1999 the Board of County Commissioners conducted
a Landfill Workshop to discuss issues that included the problem of odor control at the
Naples Landfill located near the intersection ofi-75 and CR951. Details regarding the
source of the odor problem and the actions needed to remedy the problem were provided.
The items below are submitted to expedite the necessary actions.
LEACHATE DRAINAGE SYSTEM IMPROVEMENTS
Investigations into the lack of effectiveness of the gas collection system installed in Cell 6
at the Naples landfill have identified deficiencies in the system constructed by the County
prior to the privatization of landfill operations in May of 1995.
Cell 6 is comprised of an 80 acre area divided into three phases that is lined with high
density plastic. A drainage pipe system was installed on top of the liner. A two foot deep
layer of drainage sand was placed over the liner and piping to provide protection against
the initial layer of waste. The first two phases of Cell 6 have been filled with waste.
Investigation of the drainage system in the bottom of phases I and II of Cell 6 show that
the drainage system is not removing leachate from the cell at an adequate rate.
Gas collection wells installed by the County' s contractor,Waste Management (WMI),
within phases I and I1 of Cell 6 as part of their contract requirements have been found to
be flooded out with !eachate. Moisture levels in the cells are high, causing high levels of
gas generation, preventing effective gas collection and causing odor problems in the area
of the landfill.
The leachate system designed by the County requires dewatering in Phase 1 and II of Cell
6 in order to provide for proper gas collection. The Phase III area requires improvement
in advance of receiving waste. WMI is in the process of securing three quotations on the
cost of this work. The initial cost estimate provided by a third party engineering firm is
approximately $600,000. WMI has requested a 10% contract management fee for the
project bringing the estimated cost to $660,000.
The cost to improve the leachate system constructed by the County prior to the beginning
of operations by WMI is the responsibility of the County. Section 5.5 of the landfill
operating agreement provides for change orders by the County. Staff is requesting
authorization to pay for this project, subsequent to the approval of this executive
summary, based on plans and costs approved in advance by staff and incorporated in a
change order. Funds are available in the Solid Waste Department reserve for capital
outlay. It should be noted that the improvements to Phase III must be commenced as
soon as possible as the subject area must be used for waste disposal in approximately 90
days.
EARLY CLOSURE OF CELL 6 PHASES I AND II
The early closure of the approximately 54 acre Cell 6 Phases I and I1 will insure the
maximum control of the high rate of gas generation and odor created by high moisture
content and use of construction demolition as daily cover material. The closure includes
the placement of a synthetic liner over the 54 acres. The north and west slopes of the cell
are the responsibility of WMI because these outside slopes would eventually require
closure. WMI is responsible for all new cell construction and final closure under the
current agreement.
The cost of construction of the south and east slopes and the top of Phases I and II would
be the responsibility of the County in this early closure project. Covering theses areas will
assure maximum gas control, however, these areas will be "lost" over time as new cell
areas are built adjacent to Cell 6 as waste is filled in against these interior slopes. These
interior slopes would not be closed under normal circumstances.
The County's portion of the cost of this early closure project is approximately
$1,7 Million. WNII has requested a 10% contract management fee for the project bringing
the estimated total to $1.87 Million. Section 5.5 of the operating agreement provides for
payment of this project as a change requested by the County. Staff is requesting
authorization to pay for this project, subsequent to the approval of this executive
summary, based on plans and costs approved in advance by staff and incorporated in a
change order. Funds are available in the Solid Waste Department reserve for capital
outlay
FAN SYTEM
An air circulation system of fans designed to disperse odors in the active area of the
landfill is proposed to insure positive odor control under specific weather conditions. The
system would be turned on automatically at times when low wind conditions occur.
The system is estimated to cost approximately $250,000 and would be purchased by the
County from Eric'sons Odor Answers on a lease basis with performance requirements
established. The fan technology was researched by the Purchasing Department to
determine if other vendors could provide this service. The system was found to be a sole
source item.
FISCAL IMPACT: Actual expenditures subject to County approval of detailed
engineering and cost information provided by WMI. Funds available from Solid Waste
Department reserve for capital outlay.
Leachate drainage system repairs estimate $660,000.
Early closure Project estimate $1,870,000.
Fan system estimate $250,000.
GROWTH MANAGEMENT IMPACT: N/A
RECOMMENDATION: That the Board of county Commissioners:
Approve the payment of repairs to the leachate drainage system in Cell 6 at the Naples
Landfill to WMI including the construction management fee.
----- Approve the payment for early closure to phases I and II of Cell 6 at the Naples Landfill
to WMI including the construction management fee only for the County's portion of the
project.
Waive the bid process and approve the sole source purchase of the fan system ,based on
staff approval of detailed engineering and cost information, from Eric'sons Odor Answers
on a lease basis with performance requirements.
David W. Ru~se , r, '~olid
Waste Management Depa~ment
~PROVED BY: Date: ~... f, 7' ?
Ed I!schner, Public Works Administrator
COLLIER COUNTY
OFFICE OF CAPITAL PROJECT MANAGEMENT
MEMORANDUM
Date: May 24, 1999
To: Board of County Commissioners
Through: Robert Fernandez, County Administrator~
From: Froj ect Manager III
Public Works Engineering Department
RE: Add-On Agenda Item - Status Report on Rock Removal
from the Naples Beach
In the process of preparing the executive summary for the subject agenda
item on May 21, 1999, Mr. Fernandez was verbally advised that the area
remaining to be cleaned up consisted of seven (7) areas that the contractor
had failed to complete in accordance with the contract specifications with
an estimated volume of 3,000 cubic yards. Over the weekend, however, as
a result of a further review of the daily inspection reports and records of
additional offshore testing, it is being recommended that additional areas
identified as area no. 8 and area no. 10 on Exhibit 1 be included in the
remaining areas to be cleaned. This will result in additional material to be
removed totaling 6,400 cubic yards.
It is staff's intent to utilize the annual maintenance contract to perform this
work, commencing on November 1, 1999 with completion on or before
December 1, 1999.
MEMO. HEH.Ih.99.023
cc: Ed Ilschner, Public Works Administrator
Jeff Bibby, P.E., PWED Director
EXECUTIVE SUMMARY
STATUS REPORT ON CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION
MATERIAL FROM THE NAPLES BEACH.
OBJECTIVE: To inform the Board of County Commissioners of the status of completion of the
removal of non-specification material from the Naples Beach.
CONSIDERATIONS: A brief history and time line of events associated with this project are as
follows:
1. December 16, 1997 Proposed plan approved by the Board of County Commissioners (BCC)
in the amount of $75,000.00 [Agenda Item 8(B)(2)].
2. February 24, 1998 Contract for Bid No. 97-2771 awarded to C. B. E. Trucking Company,
Inc. in the amount of $99,982.00.
3. April 7, 1998 BCC approved expanded scope of work in the amount of $350,000.00
[Agenda Item 8(B)( 1 )1.
4. May 15, 1998 Work suspended until November l, 1998; Work estimated to be 51%
complete.
5. December 7, 1998 Contractor issued notice to proceed to resume work. Production
commenced on December 11, 1999. Additional testing resulted in an
expanded work area leaving approximately 56% of work to be
completed.
6. May 15, 1999 Work on Contract No. 97-2771 substantially completed.
The scope of work for this project as expanded by the Board of County Commissioners on April 7,
1998 included the removal of non-specification material from the Naples Beach in the area from 3rd
Avenue South to 15m Avenue South as depicted on the attached project location map. A detailed
description of the work along with post-construction volume computations are also attached for your
review. The post-construction volume computations are depicted to scale on Exhibit I to show the total
volume excavated and screened (120,000 c.y.), and the volumes and percentages of the resulting
screened material consisting of 109,000 c.y. &sand (90.8%), 1,760 c.y. of shell (1.5%), 6,270 c.y. of
rock less than 2" (5.2%) and 2,970 c.y. of rock greater than 2" (2.5%).
Removal of Non-specification Material from the Naples Beach, Collier County Contract No. 97-2771 is
considered substantially complete subject to a final inspection and development of a punch list.
Completion of the punch list by the contractor is the next step to achieve final completion. The
anticipated punch list items include construction access restoration and rock removal from the dunes (by
hand).
Executive Summary
May 25, 1999
Page 2
To date we have identified 9 areas totaling approximately 6,400 cubic yards that the Contractor failed
to clean in accordance with contract specifications or were identified as a result of additional testing.
At~er nesting season, it is planned to use the annual maintenance contract and have the contractor
excavate these areas to remove the contaminated material, replace with clean imported material and
regrade these areas to a smooth uniform beach, truck the contaminated material to Bonita Grande Sand
Co., and screen the material returning the clean sand to the County's stockpile.
Certification of project final completion is premised on the FDEP and ACOE Notices of Violation that
state the following:
"The beach cleaning equipment has not maintained a beach free of exposed rocks. Embedded
rocks have been exposed and waves have scattered them along the beach surface. The County has
recognized this problem and contracted a one-time intensive rock removal operation. This Order
requires the County to implement an intensified program to remove embedded rocks from the
beach berm and exposed rocks from the surface of the beach and the nearshore. The Order shall
incorporate a program for continuing maintenance operations including:
* identify areas of embedded rock/incompatible material - County increased original work
limits to screen entire beach berm and nearshore out to 240' to 300' from the baseline from
3ra Avenue South to 15m Avenue South. County's offshore testing revealed little to no rock
seaward of these offsets.
· identify the resources/methods County will commit/utilize to remove rocks - Initial project
costs of over $450,000 plus purchase of second beach cleaning equipment.
establish a compliance standard for removal of embedded and exposed rocks, that is,
definition of beach condition that would indicate success of the beach clean up - Testing
Protocol developed by the County and Coastal Engineering and the Rock Origin Study
developed by the County and Humiston & Moore Engineers.
The goal of the maintenance program shall be to remove all rocks before the next beach
nourishment project."
The County has made an extensive effort to comply with the Notices specific to completion of the one-
time intensive rock removal. It is our opinion that the beaches can be maintained rock free utilizing the
County's established routine maintenance program. This program includes regularly scheduled use of
beach cleaning equipment and an annual contract for beach maintenance activities to address exposures
of rock beyond the capability of the beach cleaning equipment, e.g. significant storm erosion and
exposure.
Executive Summary
May 25, 1999
Page 3
We are currently reviewing the County inspector's daily reports, construction observations and as-built
surveys provided by the contractor's surveyor to document that the work was completed in accordance
with the contract documents and to compute the total quantity of material excavated for payment
purposes. Upon completion of this review, we shall prepare a post-construction report for distribution.
This post-construction report along with results of the offshore testing performed by Law Engineering
and the Rock Origin Study being conducted by Humiston & Moore Engineers will be submitted to the
USACOE and FDEP for their review and comments. In addition, concurrently with this process, the
County Attomey's office is pursuing all avenues available to assess liability from all responsible
parties.
FISCAL IMPACT: None at this time; upon completion of our review, a final change order will be
prepared reflecting as-built conditions and will be presented to the Board for consideration in
authorizing final pa.vment.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners accept this status report as
presented.
PREPARED BY: ~/~"'~' Date: 52 ~_,q. 9~
Harold E. Huber, Project Manager III
Public Works Engineering Department
REVIEWED BY: Date:
B
Public Works Engineering Department
APPROVED BY~ Date:
Ed Ilschner, Administrator
Public Works Division
attachments
cc: Beach Renourishment/Maintenance Committee
ROCK REMOVAL
DESCRIPTION OF WORK
The design cut depth for the rock removal project was established as follows:
1. For each phase of the work effort, profiles were measured prior to
construction. The profile stationing was every 100 feet along an
independent survey baseline established specifically for this project
equating to the approximate north and south project limits (see Exhibit
2).
2. These profiles were compared to the original beach restoration project
pre-construction profiles measured in December 1995, by TL James,
Inc. The original profile stationing was every 200 feet along a survey
baseline which extended from Doctor's Pass to 20th Avenue South,
equating to the Naples fill limits. Because the survey baselines and
stationing were different, adjacent original profiles were used in the
profile comparisons and adjusted to the new baseline. Thus, the
existing grade, dated December 1995 and shown on the project
drawings, is approximate.
Specifications required the contractor to excavate to the design cut depth and
provided for the Owner/Design Professional to adjust the depth based on existing
conditions at the time of work. In March 1998, the Contractor began the first
phase of work. During initial excavations, the Contractor encountered the native
beach above the design cut depth. This exposed undesirable concentrations of
native material including peat, clay, blackish-gray sand, and rocks.
The Owner directed the Contractor to stop his excavation when native beach was
encountered or when the design cut depth was achieved and no rock was
encountered at the bottom to the excavation. The Owner has maintained an
Inspector at the work area during excavation to verify one of the following:
1. Native beach was achieved, or
2. Design cut depth was achieved and no rock was encountered at the
bottom of the excavation, or
3. Rock was encountered at the bottom of the design cut depth. Inspector
then adjusted cut depth in field until all rock was removed or native
beach was encountered.
Rock Removal Description of Work
Page 2 of 2
Additional testing was conducted by the County utilizing the Contractor and was
observed by the County's inspector. This testing revealed pockets of rock at
isolated, discontinuous sections of the beach between approximate offsets 240
feet, the original limit of work, and 300 feet from the survey baseline. Based on
these tests, the limits of the work area were adjusted seaward to remove the
identified discontinuous pockets of rock.
Testing seaward of offset 300 feet revealed negligible quantities of 1 to 2 inch
diameter rock as well as silty, clayey sand. The silty, clayey sand is undesirable
to excavate and place on the beach.
Finally, the Owner completed offshore testing utilizing Naples Dock & Marine
and LAW Engineering at 400 foot to 600 foot offsets from the survey baseline
(see Exhibit 1). Of the 42 test holes, a total of 10 rocks were encountered.
These rocks range in size from ~A inch to 2 inches in diameter.
The conclusions of the work effort and the additional tests are as follows:
1. The work limits have been adjusted to remove rock greater than
inches in diameter that was identified as described above.
2. The small quantity of rock encountered seaward of the completed work
areas is insignificant, is less than 1 inch to 2 inches in diameter, and is
surrounded by silty, clayey sand that is undesirable to place on the
beach.
3. Post-Construction As-Built Surveys will be compiled to document
actual extent of excavation.
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EXECUTIVE SUMMARY
AUTHORIZATION TO DRAW FUNDS FROM THE RECENTLY AUTHORIZED LINE
OF CREDIT AND EXTEND THE CLOSING DATE ON THE NORTH NAPLES
REGIONAL PARK PROPERTY
OBJECTIVE: To obtain regional park property in the fast growing northern portion of
Collier County.
CONSIDERATION: The Board of County Commissioners has already reviewed and
authorized the purchase of 175 acres of properly in the North Naples area for a new
regional park project. The approved purchase price was $5,250,000.
The original financing premise was to borrow funds against future impact fees. This
was proposed by staff and supported by the Board due to the rate of growth in the area,
and the unliklihood of obtaining property for such a park in the future, if impact fees
were saved until sufficient to purchase with cash on hand.
In addition, the financing was predicated on the collapse of the community and
regional park impact fees into a single park fee. That ordinance is also scheduled to
be heard on today's agenda. While it has not been approved as of the writing of this
Executive Summary, it is assumed for this report that the single park fee will be enacted
based on the Board's previous direction to do so.
When the final authorization for the regional park property purchase was presented,
carry forward numbers for the previous years impact fee collections had just been
received. The carry forward figures indicated that a substantial amount of additional
funding would be available to put toward this project. Following the Board's decision to
collapse the regional and community park impact fees into a single fund, it was
believed that this carry forward would be available to put toward the purchase of the
property.
However, it has been determined by the County Attorney's Office, in conjunction with
the firm of Henderson, Young and Associates, INC., that the revenues collected under
the separate regional and community park impact fee ordinances would still have to be
spent under the guidelines of the ordinances in place at the time of the collection of
fees. As a result, it will be necessary to return to the originally contemplated line of
credit for the purchase of this property; again, pledging future impact fees for the debt
service payments. In order to draw from the line of credit, the appropriate financial and
legal documents need to be developed and executed which will also require a two week
extension to the previous May 28, 1999 closing date in the purchase agreement.
AGEN~Q4TEM '
GROWTH MANAGEMENT IMPACT: The purchase price of the property, $5,250,000,
will be credited toward the County's inventory of park property, as well as any
improvements ultimately constructed on the site.
FISCAL IMPACT: Funds required for the purchase are land costs of $5,250,000 plus
appraisal costs ($4,100), an environmental report ($5,200), title insurance and
recording fees ($17,900). This represents the need for funds in the amount of
$5,277,200.
Less the regional park impact fee funds on hand, $4,250,000 will be needed to be
borrowed against the line of credit. The interest rate of approximately 5.6% would
require a payment of $994,600 annually for the property. Repayment would come from
the consolidated park impact fee fund, which is estimated to generate annual revenue
of $2,839,000 or $3,194,000 depending on the final version of the ordinance adopted
by the County Commission. In addition, as this will be the first draw from the line of
credit, the administrative fees of $2,500 will be included.
RECOMMENDATION: That the Board of Collier County Commissioners authorize the
staff to proceed to draw $4,250,000 from the Nations Bank, line of credit for the
purchase of the North Naples Regional Park property, authorize the Chairwoman to
execute all documents necessary for this draw and to close on the line of credit and
amend the property purchase agreement to extend the closing date by two weeks,
following review and approval of said documents by the County Attorney's office,
authorize and direct staff to expedite the processing of any necessary budget
amendments and check requests in order to proceed with the closing on the 175 +/-
acre property from William Schweikhardt, as Trustee under Land Trust No. 5197, on or
before May 28, 1999.
Approved by,"'~~~
Thor~Tas'~V. ~lliffT'Pb'~Services Administrator
1999
EXECUTIVE SUMMARY
BOARD APPROVAL OF A RESOLUTION GIVING NOTICE OF INTENT TO LEVY
THE SIX CENTS LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR
FUEL AND DIESEL FUEL SOLD IN COLLIER COUNTY TO BE EFFECTIVE
SEPTEMBER 1, 1999.
OBJECTIVE: To obtain Board approval of: (1) a Resolution giving Notice of Intent To Levy
the Six Cent Local Option Fuel Tax as provided for in Section 336.025, Florida Statutes, and (2)
an Interlocal Agreement with the City of Naples.
CONSIDERATIONS: Section 336.025, Florida Statutes, authorizes the County to levy a Six
Cent Local Option Fuel Tax.
Section 336.025(3)(a)1, Florida Statutes, provides that the County may, prior to levy of the tax,
establish by interlocal agreement with one or more of the municipalities located therein,
representing a majority of the population of the incorporated area of the County, a distribution
formula for dividing the entire proceeds of local option fuel tax among the county government
and all eligible municipalities within the County prior to June 1, 1999. If before June 1, 1999, an
interlocal agreement has not been executed, prior to June 10, 1999 the County may adopt a
resolution of Intent to Levy the Six Cents Local Option Fuel Tax.
An interlocal agreement providing a distribution formula for dividing the entire proceeds of the
Six Cents Local Option Fuel Tax among Collier County government and all eligible
municipalities within the County for future years has not yet been established.
It is the intent of the Board of Collier County Commissioners to extend and impose a Six Cents
Local Option Fuel Tax before July 1, 1999 to be effective September 1, 1999 for a period of
sixteen (16) years and expiring on August 31, 2015, and to enter into an interlocal agreement
with the City of Naples representing a majority of the incorporated population within Collier
County, which interlocal agreement shall provide a distribution formula for dividing the entire
proceeds of the Six Cents Local Option Fuel Tax among the County government and all eligible
municipalities.
FISCAL 1MPACT: The Six Cents Local Option Fuel Tax is expected to generate $4,892,600 in
FY 99, with funds being allocated to road construction efforts accounted for in the gas tax
supported Roads CIP Fund (313). Future year revenues generated from this source are estimated
to increase 3% annually.
AGENDA ITEM
,,.~"' No. 2~-"L/)
HAY 2 5 1999
pg._ /
GROWTH MANAGEMENT IMPACT: The Six Cent Local Option Fuel Tax is a principal
revenue source of the Transportation Element in the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. approve a Resolution giving Notice of Intent to Levy the Six Cents Local Option Fuel Tax
pursuant to Section 336.025, Florida Statutes,
2. authorize staff to forward the Interlocal Agreement to the City of Naples for
approval/execution, and,
3. authorize the Chairwoman to execute the negotiated Interlocal Agreement for distribution of
the tax as levied.
Submitted by: //df~,~,;4_.~_~ ~5'~ DATE:
Michael Smykowski, OMB Director
Reviewed by: ~ ~ ~d_i//~_ DATE:
l~avid C. Weige~, Coq~Jy Xttorney
Reviewed by: &~,~ DATE:
unty Administrator
AGENDA ITEM
HAY 2 5 1999
Pg._ 2~
1 RESOLUTION NO. 99-
2
3 NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL
4 OPTION FUEL TAX PURSUANT TO SECTION 336.025,
5 FLORIDA STATUTES.
6
7
8 WHEREAS, Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents
9 Local Option Fuel Tax; and
10 V~q-IEREAS, Section 336.025, Horida Statutes, requires the County to enter into an
11 interlocal agreement with one or more of the municipalities located in the County prior to June 1,
12 1999 or absent such interlocal agreement, requires the County to adopt a resolution of intent to levy
13 such local option fuel tax prior to June 10, 1999; and
14 \x,q-IEREAS, the Board of County Commissioners of Collier County, Florida (hereinafter
15 "Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant to Section 336.025, Florida
16 Statutes, providing for the imposition of the Six Cents Local Option Fuel Tax upon every gallon of
17 motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206,
18 Florida Stattttes,' and
19 WHEREAS, the levy of the Six Cents Local Option Fuel Tax shall otherwise expire,
20 effective September 1, 1999 pursuant to Ordinance No. 8%27; and
21 ~VHEREAS, the Board has determined that it is appropriate, riseally sound and in the best
22 interests of the citizens of Collier County to extend the Six Cents Local Option Fuel Tax; and
23 WHEREAS, Section 336.025, Florida Statutes provides that the County may, prior to levy
24 of the tax, establish by interlocal agreement with one or more of the municipalities located therein,
25 representing a majority of the population of the incorporated area within the County, a distribution
26 formula for dMding the entire proceeds of the local option fuel tax among the County government
27 and all eligible municipalities within the County; and
28 WHEREAS, Section 336.025, Florida Statutes, provides that if such interlocal agreement
29 has not been executed, the County may, prior to June 10, adopt a resolution of intent to levy the Six
30 Cent Local Option Fuel Tax; and
31 WHEREAS, an interlocal agreement providing a distribution formula for dividing the entire
32 proceeds of the Six Cents Local Option Fuel Tax among Collier County government Id all AGENDA ITEM
No.
33 eligible municipalities within the County for future years has not yet been established ~nd
HAY 2 5 1999
pg. 3
1 WHEREAS, said tax may be levied by an ordinance adopted by a majority vote of the
2 Board and Ordinance No. 99-__ providing for the levy of a Six Cents Local Option Fuel Tax
3 was adopted by the Board on ., 1999; and
4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT it is the intent of this Board to
6 extend and impose a Six Cents Local Option Fuel Tax before July 1, 1999 to be effective
7 September 1, 1999 for a period of sixteen (16) years and expiring on August 31, 2015, and to enter
8 into an interlocal agreement with one or more of the municipalities located within Collier County
9 representing a majorit3' of the incorporated population within Collier County, which interlocal
10 agreement shall provide a distribution formula for dividing the entire proceeds of the Six Cents
11 Local Option Fuel Tax among the County government and all eligible municipalities.
12 This Resolution adopted lhis __ day of ,1999 after motion, second
13 and majority vote favoring same.
14
15 ATTEST: BOARD OF COUNTY COMMISSIONERS
16 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
17
18
19
20 By:.
21 PAMELA S. MAC'KIE, Chairwoman
22
23
24 Approved as to form and
25 legal sufficiency:
26
28
29 ~a~,~d C. Wei gel'
30 County Attorney
3 l h:ew/Resolutions/1999/lment 6 cent local option fuel tax
AGENDA ITEM
No.
MAY 2 5 1999
Pc. q
INTERLOCAL AGREE/~/ENT
THIS INTERLOCAL AGREEMENT (Agreement) dated this __ day of
,1999, by and between Collier County, a political subdivision of the State of
Florida, hereinafter referred to as "Connty", and the City of Naples, a political subdivision of the
State of Florida.
In consideration of the premises and pursuant to the authorization of Section 336.025,
Florida Statutes, the parties hereto agree as fullows:
1. Pursuant to Section 336.025, Florida Statutes, the Collier County Commission
enacted Resolution No. 99- ( a copy of which is attached hereto and incorporated herein by
reference as Exhibit "A') authorizing the levy of the Six Cents Local Option Fuel Tax upon every
gallon of motor fuel and diesel fuel sold in the County and taxed under the provision of Chapter
206, Florida Statutes.
2. Section 5 of Ordinance No. ~ provides that the distribution of the proceeds from
lhe local option fuel tax shall be pursuant to Interlocal Agreement with eligible municipalities,
which Interlocal Agreement shall provide a distribution formula for dividing the proceeds from the
tax.
3. The County shall hereby receive % of the Six Cents Local Option Fuel Tax
on every gallon of motor fuel and diesel fuel sold in Collier County, and the City of Naples shall
receive ~% of the proceeds from the Six Cents Local Option Fuel Tax on every gallon of
motor fuel and diesel fuel sold in Collier County. It is further agreed that the City of Marco Island
shall receive % of the proceeds of the Six Cents Local Option Fuel Tax on every gallon of
motor fitel and diesel fuel sold in Collier County, and Everglades City shall receive % of the
proceeds of the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold
in Collier County. To arrive at the appropriate share of the proceeds to be paid to the respective
parties hereto, the following procedure shall be followed. Everglades City shall receive ~%,
Collier County shall then receive its ~% share based on the remaining ~% making
Collier County's share %. The City of Marco Island shall receive its % share
based on the remaining %, making the City of Marco Island's share %. The City
of Naples shall receive its __% share based on the remaining % making the City of
Naples' share %. AGENDA ITEM
NO. ,:~-~(- ~)
Collier County %
City of Naples % ~Y 2 5 1~9~
pg. ~
City of Marco Island %
~,'--'- Everglades City
Total 100.00%
4. This Agreement shall be in full force and effect from September l, 1999 to August 31,
2015 inclusive, unless changed by written Agreement of all parties. This Agreement shall govem
the division and dislribution of the proceeds of the local option fuel tax imposed through August
31,2015.
5. This Agreement shall be filed with the Clerks of the County, the City of Naples, the
City of Marco Island, and Everglades City, Florida, prior to September 1, 1999.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their respective aulhorized signatories.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY: BY:
.~-'- Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
Approved As To Fom~
And Legal Sufficiency: :
David C. Weigel /,L~
Collier County Attorney
DATED:
ATTEST:
,City Clerk CITY OF NAPLES
BY: BY:
BILL BARNETT, Mayor
Approved As To Form
And Legal Sufficiency:
Kenneth Cuyler
Attorney, City of Naples
,,.. AGENDA ITEM
NO. J> ,L..""
NAY 2 5 1999
Pg...
Page 2 of 2 ,
OBJECTIVE: To appoint 3 members to the Contractor's Licensing Board; 2 technical
representatives and 1 consumer representative. The terms for the newly appointed members will
commence on June 30, 1999 and expire on June 30, 2002.
CONSIDERATIONS: The Contractors Licensing Board has 3 terms expiring on June 30,
1999. This 9 member board determines the qualifications of applicants for the various
categories of the Contractors' Certificates of Competency. They also hold hearings to determine
if the holder of a certificate of competency of any contractor, master or journeyman should be
disciplined. A minimum 3 members shall be in the category of "Consumer". The consumer
representatives may be any resident of the local jurisdiction that is not, and has never been, a
member or practitioner of a profession regulated by the board or a member of any closely related
profession. Members are required to file a Form 1 Statement of Financial Interests each year
with the Supervisor of Elections. Terms axe 3 years. A list of the current membership is
included in the backup.
A press release was issued and resumes were received from the following 5 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Gary F. Hayes re-appt. Plumbing 4 yes CLB & Bd Bldg Adj &Appeals
Humbert L. Gressani re-appt Gen Contr 1 yes CLB
William T. Lewis Gen Contr 4 yes Former CLB
Les Dickson re-appt Roofing Contr 3 yes CLB
Sara Beth White Consumer 4 yes none
NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members
shall be limited to two consecutive terms of service on any one Board..." Under (3) of the same
section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in
subsection (b) (1) above may be waived". According to available records, Mr. Humbert Gressani
has served 2 full terms. Should the Board wish to re-appoint Mr. Gressani, the limitations on
two consecutive terms will need to be waived.
NOTE: Pursuant to subsection 10 Of Section 489.131, F.S., if the Board has seven or more
members, at least 3 of those members must be consumer representatives. We currently have 2
consumer members.
COMMITTEE RECOMMENDATION: Quasi Judicial - no recommendations accepted.
FISCAL IMPACT: NONE ........ -
GROWTH MANAGEMENT IMPACT: NONE
NAY 2 5 1999
.J__--
RECOMMENDATION: That the Board of County Commissioners consider the 5 applicants;
appoint 2 technical representatives and 1 consumer representative and direct the County Attorney
to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: MAY 25, 1999
Contractors Licensing Board
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
Robert D. Laird 03/23/99 06/30/01 2 Years
1765 Courtyard Way 793-0933
Naples, FL 34112
District: 1
Category: Consumer
Gary F. Hayes 643-2431 09/26/95 06/30/96 -1Year
1475 Curlew Avenue 6/11/96 06/30/99 3 Years
Naples, FL 34102
District: 2
Category: Specialty Contractor/Plumbing
Arthur F. Schoenfuss 597-7544 06/13/95 06/30/98 3 Years
6506 Ilex Circle 596-3388 6/16/98 06/30/01 3 Years
Naples, FL 34109
District: 4
Category: Engineer
Daniel Gonzalez 434-8696 11/07/95 06/30/98 3 Years
809 Walkerbilt Rd., Ste 3 6/16/98 06/30/01 3 Years
Naples, FL 34110
District: 4
Categdry: Residential Contractor
Robert P. Meister 04/18/95 06/30/97 2 Years
22 4th Avenue South 262-8565 7/22/97 06/30/00 3 Years
Naples, FL 34102
District: 4
Category: General Contractor
Richard E. Joslin, Jr. 455-5000 06/11/96 06/30/97 1 Year
595 13th Street, N.W. 7/22/97 06/30/00 3 Years
Naples, FL 34117
District: 5
Category: Licensed Commercial Pool/Spa Contr
Humbert Gressani 01/04/94 06/30/96 3 Years
3225 Duchess Drive 776-5881 6/11/96 06/30/99 3 Years
Naples, FL 34112
District: 1
Category: General Contractor
Monday, May 10, 1999 Page I of 2
NAY 2 5 1999
Contractors Licensing Board
Work Pitone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
Carol Pahl 02/09/99 06/30/00 1 Year
2501 Sailors Way 597-3759
Naples, FL 34109
District: 3
Category: Consumer Representative
Les Dickson 643-1616 06/11/96 06/30/99 3 Years
202 Monterey Drive
Naples, FL 34119
District: 3
Category: Roofing Contractor
This 9 member board was created by Ord. No. 78-2, 8542, 90-105, 92-61 to determine the
qualifications of applicants for the various categories of the Contractors' Certificates of
Competency. They also hold hearings to determine if a certificate of competency of any
contractor, master or journeyman should be revoked. A minimum of 2 members shall reside
within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City
Council. FI Star, Sec 489.131, sub 10 states that 3 members must be consumer
representatives. Members are required to file a Form 1 Statement of Financial Interest each year
with the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Amended
by Ordinance No. 97-68
FL STAT: 489
Staff.' Ed Perico, Building Review & Permitting Director:: 403-2400
21~onday, May 10, 1999 """ Pag; 2 of 2 " ....
HAY 2 5 1999
Pg.
M E M o R a N D C M RECEIVED
DATE:
May 7, 1999 MAY 0 7 3999
TO:
Sue Filson, Administrative Assistant Board of Counter Commissioners
FROhh Board of Count~ Com n issioners
Ed Perico, Director :z~d~
Building Review and~e~inin~ DePartment
Contractors Licensing Board
I have revie~ved the resumes For the COntractors Licensing
categories they are qualified For. They are as Follows. ~
. Board and listed the specific
GaD' F. Haves ·
1475 Cutlery Ave., Apt. ~4 Plumbing
Naples, FL 34102
Humben L. Gressani
3225 Duchess Drive
Naples, FL 34112 General Contractor
William T. Lewis
3416 Caloosa Street General Contractor
Naples, FL 34112
Les Dickson
202 Monterey Drive
Naples, FL 34119 Roofing Contractor
Sara Beth White
346 Pirate's Bight
Na~les, FL 34103 Consumer
If ! can be of Further assistance Please do not hesitate to contact me at 403-2442.
MEMORANDUM
DATE: May 3, 1999
TO: Vinell Hills, Elections Office
FROM ......
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
CONTRACTORS' LICENSING BOARD COMMISSION DISTRICT
Gary F. Hayes
1475 Curlew Ave., Apt. #4
Naples, FL 34102
/54"'
Humben L. Gressani
3225 Duchess Drive
Naples. FL 34112
William T. Lewis ,~/ ~ '7~
3416 Caloosa Street
Naples, FL 34112
Les Dickson
202 Monterey Drive
Naples, FL 34119
Sara Beth White
346 Pirate's Bight
Naples, FL 3414)3
Thank you for your help.
)4AY 2 5 1999
Pg
L ,
MEMORANDUM
DATE: May 3, 1999
Ed Perico, Building Review & Permitti irector
i
RE: Contractor's Licensing Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Gary F. Hayes
1475 Curlew Ave., Apt. #4
Naples, FL 34102
Humbert L. Gressani
3225 Duchess Drive
Naples, FL 34112
William T. Lewis
3416 Caloosa Street
Naples, FL 34112
Les Dickson
202 Monterey Drive
Naples, FL 34119
Sara Beth White
346 Pirate's Bight
Naples, FL 34103
Please let me know, in writing within the 41 day time-flame, if the applicants are qualified to
serve as members on the board, and I will prepare an executive summary for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any
questions, pieale call me at 774-8097.
Thank you ~'or your attention to this matter.
SF
Attachments
HAY 2 5 1999
Pg. 7
"' 4/26/99
CoLlier County Board of Commissioners
Dear Commissioners
I am requesting reappointment to the Collier Count)' Licensing Board. My term is about to
expire. Enclosed please fred my resume,
Thank you for your consideration.
RESUME
Gary F. Hayes
299 Airport Rd. N.
Naples, Florida
941-643-2431
Education/Certification
Attended Georgetown College
Attended Chapman University/Southern'California
Attended University of Kentucky
Graduated Kentucky Business College
Degreed in Business Administration
Degreed in Accounting/Business Management
Florida Certified Master Plumbing Contractor
Kentucky State Master Plumbing Contractor
Military
Honorable discharge '72 United States Air Force
Employment History
Genei'al manager Florida Sub Systems, a plumbing & electrical contractor, '82 to '85.
Owner,-general manager South Horida Plumbing '85 to present.
Owner, general manager Elegance In Plumbing '92 to present.
Affiliations and Government Experience
Member and past president, chairman of government affairs of Collier County Plumbing &
Mechanical Contrs Assoc. '87 to '95.
Past President and past chairman of government affairs American Subcontractors Association of
Collier County.
Past President American Subcontractors Association of Florida.
Member Florida Association Plumbing Gas Mechanical Inspectors.
Member Southern Building Code ConFess International, Inc. (SBCCI)
Chairman Officers Council National American Subcontractors Association.
Vice chairman National ASA Government Affairs.
3 yr member Collier County Development Services Advisory Committee.
Member and Chairman Collier County Licensing Board.
Member Collier County Board of Adjustmems and Appeals
I have been a resident of Florida for 19 years, and in Naples 17.
I have 3 children.
More ............
HAY 2 5 1999
CERTIFIED TEACHER STATE OF KENTUCKY
5 YEAR VETERAN ASACC BOARD OF DIRECTORS
7 YEAR VETERAN CCPMCA BOARD OF DIRECTORS
5 YEAR PAST CHAIRMAN CCPMCA GOVERNMENT AFFAIRS
4 YEAR PAST CHAIRMAN ASACC GOVERNMENT AFFAIRS -
CREATOR & MEMBER C. C. APPRENTICESHIP COUNCIL OF TRADES (ACT)
)lAY 2 5 ?{999
Humbert L. Gressani
General Contractor
3225 Duchess Drive
Naples, Florida 34112
Phone 941-775-5881 April 26, 1999
FAX 941-775-5881
e-mail hgress@mediaonenet
Sue Filson
Administration Assistant
Collier County Commission
3301 Tamiami Trail East
Naples, Florida 34112-4977
Re: Contractors Licensing Board
Dear Ms. Filson,
This is in response to your letter daated April 12, 1999, Re: Reappointment. It is my wish
to be reconsidered for another term as a member on the Collier County Contractors
Licensing Board.
With this letter I submit a currant resume.
I find working on this board to be very intersting and rewarding.
If there is any thing else I need to do in this regard please let me 'know.
Very truly yours,
Humben L. Gressani
HAY 2 5 1999
Resume
Humbert L. Gressani, Maj.
Civil Air Patrol
3225 Duchess Drive _
Naples, Florida 34112
(941) 775-5881
FAX (941)775-5881
April 26, 1999
Deputy Commander Naples Senior Squadron Civil Air Patrol
Counter Narcotics Program
Command Pilot with some 3,000 hours flying time
Certified Florida State General Contractor Number CG -C052755
Arbitrator with the American Arbitration Association and panel member
Board member of the Collier County Contractors Licensing Board
Construction Consultant
Building Inspector
U. S. Department of Labor Safety Instructor
Honorable Discharge United States Coast Guard 1945
2 5 1999
04/27/99 TI.~ 19:01 FAX 9414301797 NAPLES BAY CONSTRUCTION ~002
$01 GootgeSle Read lrulte C-202
Phone 941-430-1799 ~ Fax 941430-1797
April~-7, 199~
/u~a~.aLqraz~ Assista~ Boazd afCaamy
3301 Tamiami Tmil ~
Napl~ Florida 34112
D~r M~
I am once again seet'i_'ng a position on the Collier County ContractOr Lice, rising Review Board. I undermad that
the Collier County Board of C, c~mmi~o~rs are __rte;.king new members for terns_ e,xpifing hme 1999. I ask that you
ac.,lllal t_hi~ letter aS my forlllal ~ tn he reI:o~ for aposition as a al~mlxa. afthi~ alge!lltld advisory
I heliew th_.~ you have on ~e, a copy elf my qualif~ations and still eonteacl that my expefiettce, long term
residence and wffiingness to serve my county combine to make a formidable ar~wn__emt as to why I should be
~eappointed as a member to the Collier County Contractor Licen_~ing Rb-view B~d.
As you are aware, I was aab'a ngmber ofthis boazd a short time beXo~e being aslmd to resign my appoi_mmeqt_ so
as to $ a Stale mandated order, reqttiring three consumer members be installed. Although I did not agree with
the mandate, I relLt~_~_i_~_h~ my appoimnmnt at the requeg of the Cammir. sio$ in an effort to help them f~Ifi ll
tlzir _nhlig. rion to the State. I am confident that I can add to the eon_fiq..,~__ exemplary service and
In dosing I wish to thank yoU along with the Board of County Commi r.-~'inaers ~or youx liroe ~ collsidefatjoll in
this matter. IIookfotward to heafing ftom you soon and once agn~g al~lo serv~ roy county.
[~ RECEIVED
APR 2 3 1999
DICKSON, INC.
5335JAEGER ROAD · NAPLES, FLORIDA So,109i~°~'d of Count,y Com~sstoners
(941) 514-1100 · FAX (941) 514-2661
April 22, 1999
Board of Collier County Commissioners
Ms. Sue Filson
3301 East Tarniami Trail
Naples. FL 34112-4977
Reference: Contractors' Licensing Board
Dear Ms. Filson:
This letter is to serve as my request to be re-appointed to the Collier County Contractors'
-Licensing Board. I continue to hold a Florida State Certified Roofing Contractors License
CCC042877. and rn); business and residence is in Collier Count)'.
Please note that my current term was the fulfillment of a deceased contractor. and this
will be my first full term appointment. If I understand the guidelines of service. I would
still be eligible Ibr another full term after this re-appointment.
I am presently the Vice-Chairman of the Contractors' Licensing Board of Collier County,
and believe very strongly in effort for which we are acting. Additionally the Building
Department and Contractor Licensing Board Investigators, are dedicated county
employees of which it is a pleasure to work with on this board.
lf),ou need any further informaiion, please advise. i look.forward to the response of the
County Commissioners.
Sincerely.
~ cc: Ed Pcrico. Building & P. erm. ittjng Director
..... · -- . ...... .'}!': ~:~ !.'.,~.: :-... ~.:2 .
~ - ,_' .-- . :-. .. ~.. ....... (. :-::: :. 7...: ::,. .-
,j :. .::. ..- .. i:. :-..-. t~AY 25 !999
ROOFING · SHEET METAL P~' .j
STATE CERTIFIED CCC 042877 & CCC 056992
SARA BETH WHITE
346 PIRATE'S BIGHT
NAPLES, FLORIDA 34103
April 21, 1999
Ms. Sue Filson, Administrative Assistant
Collier County Commission
3301 U.S. 41 East
Naples, Florida 43112
Dear Ms. Filson:
RE: Application for Contractors Licensing Advisory Board
This is an application for the consumer category on the Collier County Contractors Licensing
Advisory Board. However, I am not your typical consumer. Having been married to an
attomey/developer for 25 years, I have been involved in his large multi-family projects for years.
prim.arily decorating models, clubhouses, and offices; working with architects on the desig-n of the
projects and reviewing architectural drawings: and doing construction punch-out. Projects in which
I was involved include:
· Mallards of Wedgewood, Lakeland, FL. a 240-unit golf course rental apartment complex
· Quails Bluff, Lake Wales, FL, a 112-unit rental apartment complex
· Peddler's Pond, Lake Wales, FL, a mobile home community with a stick built clubhouse
· Bougainvillas/Bougainvillage, Naples, FL, a single family home community with condo
maintenance
Oddly enough, I have no formal education for any of this_i,m street-wise! I do, however, hold
a Master of Arts degree in Communication: Rhetoric and Public Address, hence I am extremely
---~'...,o,. · -~-~,:~_~,1~ T .,,.~a:,4 El.h'G cab a~, ^"~ '
· .,~cu~. -. p ...,., arcb. itecV-~e Lq F!oren:.e, Italy, c,,, a, ....~,- T
have some understanding of the historical aspects of the industry.
Should you be interested in my application, you may reach me locally at 649-8828 or 571-3345
Sincerely, ~ ..
~ -
Sara Beth White
Encl oA?,~~~
sw N
SARA BETH WHITE
346 PIRATE'S BIGHT
NAPLES, FLORIDA 34103
(941)649-8828
EDUCATION
BA (English) and MA (Speech-Communication), Florida State Univ., Tallahassee, FL
Florida State University Overseas Study Program, Florence, Italy-1 year
EDUCATIONAL WORK EXPERIENCE
Instructor, Speech and English:
Polk Community College, Winter Haven, FL-3 years '
Webbet College, Babson Park, FL-3 years
Florida State University, Tallahassee, FL--Graduate Assistant
Haines City Junior High, Haines City, FL-1/2 year
Who' s Who of American Women, Outstanding Educators of America
Recommended for Appointment to Southem Assn. of Colleges and Schools (Accreditation)
INTER]OR DECORATING WORK EXPERIENCE
Multi-family projects work for attorney-developer husband, John P. White, to'include:
decorating models, clubhouses, and offices; working with architects on the design of the projects
and reviewing architectural drawings; and doing construction punch-out, to wit:
Mallards of Wedgewood, Lakeland, FL, a 240-unit golf course rental apartment complex
Quails Bluff, Lake Wales, FL, a 112-unit rental apartment complex
Peddler's Pond, Lake Wales, FL a mobile home community with a stick built clubhouse
Bougainvillas;Bougainvillage, Naples, FL, a single family home community with condo
maintenance
OFFICE WORK EXPERIENCE
Bookkeeping, Gebhardt & White P.A., Law Offices-3 years
Legal Secretary, John P. White, P.A.-3 years
Organized offices for Land Logistics Corp., Palm Beach, FL-2 years, to include:
Saddlebag Lake Resorts, Lake Wales, FL (Traveled to trade shows around the US to
promote the project. Wrote the quarterly newsletter and other advertising materials for the
project.)
Seabrook Island, Charleston, SC
CO_.M3.~...rNrlTY SERVICE
Advisory Board, Harry Chapin Food Bank, Ft. Myers, FL, Naples Division-I year
Member, The League Club (Junior League), Naples, FL--6 years
Member, Blueprint 2000, Collier County, FL, School Board School Improvement Plan for
Gulfview Middle and Naples High-3 years
Co-Chair, Jail 'N' Bail, American Cancer Society, Lake Wales, FL-year of inception
Vice-Chair, Polk County, FL, Grand Jury-l/2 year
National Accreditation Cornre., Junior League, Winter Haven, FL-2 years
Co-Director, Vacation Bible School and Christmas Pageant, First Presbyterian Churc,h~ Lake
1x Vice Pres., American Assn. Of Univ. Women, Lake Wales, FL-1 year N
Board of Directors, Lake Wales Arts Council, Lake Wales, FL-2 years
HAY 2 5 1999
HOBBIES
Tournament Tarpon Fishing Pg-///P .
Member of the most winning female tarpon fishing team out Of Boca Gr nde,'FL-~S years
4/21/99
OBJECTIVE: To appoint 2 members; 1 representing the technical category and 1 representing
a lay member, to 4 year terms, expiring on May 21, 2003, on the Collier County Water and
Wastewater Authority..
CONSIDERATIONS: The Collier County. Water and Wastewater Authority had 2 terms
expire on May 21, 1999. This 5 member council was established on February 27, 1996, by
Ordinance No. 96-6 to regulate utility rates and related matters regarding non-exempt water and
wastewater utilities in unincorporated Collier County. Three members shall be technical in
nature, with expertise in engineering, finance and/or business administration. The remaining 3
members shall be appointed on the basis of individual civic pride, integrity, and experience in
any area of regulation. Members are required to file a Form 1 Statement of Financial Interests
each year with the Supervisor of Elections. After initial staggered terms, the terms will be 4
years.
A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following 2 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Fay R. Biles - re-appt Lay Member I yes U.A. & EMSAC
Andre M. LeCrone Technical Member 5 yes none
COMMITTEE RECOMMENDATION: No Recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment; appoint 1 lay member and 1 technical member; and, direct the'
County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: MAY 25, 1999
H,a,Y 2 5 t999
/ ._
Pg,_
Utility Authority
Work Phone AtTpt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2rid Term
Robert C. Bennett 07/16/96 05/21/98 2 Years
7065 Dennis Circle 103 352-0219 4/28/98 05/21/02 4 Years
Naples, FI_ 34104
District: 3
Gategot3,: Executive Management
Fay R. Biles 05/12/98 05/21/99 1.5 Years
1588 Heights Court 394-3089
Marco Island. FL 34145
District: 1
CategotT: kay Member
Lowell M. Lain 10/13/98 05'21/01 3.5 Years
5 Grey x,x,;ing Pointe 774-5464
Naples, FE 34113
District: 2
CategoU': Civic lP,dde
Neno J. Spa_c__na 05/21/96 05:21.99 3 Years
..._, 3850 271h Avenue. S.\V. 455-2168
Naples, FL 341 l 7
District: 5
Categot3': Tecb. nical
George J. SeNroll 05/21/96 05"21"00 4 Years
829 Bluebonnet Court 642-3928
Marco Island. FL 34145
District: 1
CategoO': Technical/Business Administration
This 5 member authority was established on February 27, 1996. by Ordinance No. 96-6 to
regulate utiiity rates and related matters regarding non-exempt water and wastewater utilities in
unincorporated Collier County. Three members shall be technical in nature, with expertise in
engineering, finance and/or business administration, The remaining 2 members shall be
appointed on the basis of individual civic pride, integrity, and' experience in any area of
regulation. Members are required to file a Form 1 Statement of Financial Iriterests each year with
the Supervisor of Elections. Terms are 4 years.
M E M 0 RAND U M
TO: Sue Filson, Administrative Assistant, Board of County Commissioners
CC: Vincent A. Cautero, AICP, Administrator, Community Development
and Environmental Services Division .-
FRO~I: B!eu Wallace, Director, Utility & Franchise Regulation Department/~2/
SUBJECT: Collier Count' Water and Wastewater Authori~' Vacancy
DATE: May 5, 1999
I have reviewed the request of the applicant seeking reappointment to the Collier Count.,,'
Water and Wastewater Authority, keeping in mind the qualifications required for a lay
member vacancy. The Authority consists of five members; three technical members and
~'o lay members.
Section 1-3 (E), Ordinance No. 96-6, as amended, provides for the following:
* Applicants who are customers of a regulated utility shall be preferred.
* Technical members are to be appointed based on expertise in engineering,
executive experience in finance, accounting, ratemaking, utility regulation, or
business administration.
* Lay members are to be appointed on the basis of civic pride and integrity.
* Lay members may be appointed from the same areas of expertise as technical
members.
Dr. Fay R. Biles, 1588 Heights Court, Marco Island, Florida. A Marco Island resident
and current customer of Florida Water Services Corporation, Dr. Biles has applied for
reappointment to the Authority as a lay member. She is completing over a year of the
initial three year term vacated by Mr. Richard Bergmann in 1998.
Dr. Biles is very active in the community, affiliated with numerous local, state, and
national associations, and is well versed in water and wastewater utility issues. She is
qualified for reappointment on the basis of civic pride and integrity, in addition to her
experience in areas of utility ratemaking and utility regulation.
While qualifications are capsulated above, no staff recommendation is co! np~._...Z,/~.._,( ~.
herein.
5 !999
pg ~
MEI~IORANDUM
TO: Sue Filson, Administrative Assistant, Board of County Commissioners
FRONI: Bleu Wallace, Utility Regulation Manager
SUBJECT: Collier Count)' Water and Wastewater Authority
DATE: May 7, 1999
I have reviewed the request of the applicant seeking appointment to the Collier CounW
Water and Wastewater Authority, keeping in mind the qualifications required for a
technical and/or lay member vacancy. Section 1-3 (E) (1), Ordinance No. 96-6, as
amended. provides for technical members to be appointed based on individual expertise
in one or more of the following areas: (1) Engineering: with expertise in water and
sew'or systems; (2) Executive experience in finance, accounting, ratemaking, andYor
utility regulation; or (3) Business administration.
Andre M. LeCrone, 3240 Valencia Drive, Naples, Florida. A Collier CounW
resident and customer of Orange Tree Utilities, Mr. LeCrone is an engineer with
expertise in construction management and utility plant construction. His
engineering background related to utility plant construction qualifies him for
appointment to the Authority as a technical member.
While qualifications are capsulated above, no recommendation is contained herein.
¢~-_ , AGENDA ITEM
{
MEMORANDUM
DATE: May 4, 1999
TO: Vinell Hills. Elections Office
, i
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisoD' committees. Please let me know if those listed
below are registered voters in Collier Count..'.
Also, please list the commission district in which each applicant resides.
UTILITY AUTHORITY COMMISSION DISTRICT
Fay R. Biles
1588 Heights Ct. "/~
Marco Island. FL 34145
Thank you for your help.
MEMORANDUM
RECEIVED
DATE: May 7, 1999 MAY i 0 i999
TO: /~,/
Vinell Hills, Elections Office /~' , ~car~' ~' C~.ty Cc~,~isstc~ers
FROM: Sue Fitson, Administrative Assistant ~
Board of County Commissioners ~'~ '
RE: Voter Registration - Advisory Board Appointments
The Board of County, Commissioners will soon consider the following individuals for
appointment to one of the county. 's advisor3.' committees. Please let me knov,, if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
UTILITIES AUTHORITY COMMISSION DISTRICT
Andre M. LeCrone
3240 Valencia Drive
Naples. FL 34120
Thank you tbr 5'our help.
,,_, AGENDA' i~J,M
MEMORANDUM
DATE: Mav 7.1999
FROM: ' . d2t;Z~itftr 'v 't '7 , -
Board of County Commissioners
RE: Utiliw Authority
As you knox,,', `,ve currently have vacancies on the above-referenced advisoD' committee. A press
release `,vas issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Andre M. LeCrone
3240 Valencia Dri`,'e
Naples. FL 34120
Please let me 'knox,,'. in V,,Titing. the recommendation for appointment of the advisory committee
xvithin the 41 dav time-frame. and I `,,,'ill prepare an executive summar).' for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any questions.
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
AGENbA IT~M
05/06/99 11:$4 F.4X 9414340333 J01~'SON ENG INC ~001
JOHNSON ENGINEERING, INC. , R_~C~.tvs,~ ...
~r4 ~f Coun~ C~ls~loners
FAX NO.: 7
FROM: NAME: /r~/,,~/-,, ../~/~4~ e .
· / -
DATE SENT: L--5"/C/9 q' TIME: .J' /.' 4 5""
FAX NO.: 941- 434-9320
PROJECT NAx~IE: --------
JEI NO.: ""
TRANSMITTED BY:
/NO. OF PAGES (including over sheet):
PLEASE CALL (941) 434-0333 IF YOU DID NOT RECEIVE ALL OF THE
TRANSMISSION OR IF YOU HAVE ANY QUESTIONS
JOHNSON ENGINEERING, INC.
2640 GOLDEN GATE PARKWAY NAPLES, FLORIDA 34105
05/06,'99 11:55 F.4_Y 9414340333 JOE'~'SON ENG INC ~002
Andre M. LeCrone "Monty'
Education Eastem Illinois University
B. S. Agriculture Engineering, 1986
Professional Affiliations Collier Building Industry ~ssociafion
_'Mr. Mon~ LeCrone has been with the Naples office of lohnson Engineering, Inc for a year.. He has
been working m the Collier County area for the past 12 years. His experience includes permitting,
construction management, contract administration, uUliry plant construction, underground construction
and roadway inspection.
M.r. LeCrone has served numerous en~neers and developers in various projects in the area. The
projects include Bonita Bay East Golf Club, H-ioOdand Woods, Collier Count3' Public Schools, Collier
County Of Sce of Capital Projects, Lely Resort, Deltona Utility Company, Pelican Bay Improvement
District and the Bermuda Ridge Development at Woods Edge.
Mr. LeCrone is responsible for all site inspection and field activities along with specification writing
and construction estimating, Construction Administration, and Marketing at the Naples office. W'hile
employed at ]ohngon Engineering, Inc. Monty has been inspecting the following projects: Naples
P. arking Garage, Nap]es Plaza o~n Fifth, General Aviation Terminal, Creekside West Commerce Park,
Cleveland Clinic, Tyton Hellerman Distribution Site: Corkscrew Swamp Sanctuary, and Collier
County Medical Examiners Facility-
Mr. LeCrone is proficient with the use of various computer programg including Excel, Worct,
Primavera Scheduling, Microsoft Projecl~ and Timberline Estimating Systems. He is also proficient
with various field equipment,
In closing, Mr- LeCrone has a well rounded knowledge for most anything involved in the civfi
industry. _
3 UO len D v c
Pg. ~
MEMORANDUM
DATE: May 4, 1999
TO: Bleu Wallace, Utility Regulation Manager
i
E: UtiliW Authority
As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Fay R. Biles
1588 Heights Ct.
Marco Island, FL 34145
---- Please let me know, in writing, the recommendation for appointment of the advisory. committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any questions.
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
FAY R. BILES, Ph.D.
1588 HEIGHTS CT
MARCO ISL/tND, FL 34145
(94i) 394 3089 I:XX: same
e-mail Faj,'bilesfg~a~ol. cam
April 22, 1999
Mrs. Sue Filson, Administrative Assistant
Board of County Commissioners
Govenment Center
3301 E. lamiami Trail
Naples, FL 34112-3602
Dear Mrs. Filson:
Received :)-our letter informing me that my term would be up May 21 and that I am
eligible for rcappointment. Please consider this letter as an application for reap-
pointmerit. I've enjoyed serving on the Water and Waste Water Authority this past
year. it is work, but it does provide a valuable service for the customers and for the
County Commission in Collier County.
Please see attached an update of my resume of recent activities. I consider water as
one of the most important subjects the County has to consider. My iuterest was
heightened when I served as Vice President of the Marco Island Fair Water Rate
Defense Fund Corporation. I became very much aware of the costs involved with
water bill rates and the importance of decisions made by the Florida Public Sen'ice
Commission. I attended several hearings in Tallalhassee on behalf of Marco l~land.
As Vice President of the FoCus program I served on the Executive Committee and
also the Water and Wastewater Committee as well as the Character Committee. I
sat through many informative sessions from expcrts on the water quality and
resources for SW Florida. I attend as many meetings as I cau for the Big Cypress
Basin and the meetings of the South Florida ~,ater Management Board. MIIA has
had speakers on water quality' and other topics at their open meetings.
I was instrumental in the role Marco Islaud pla)'cd in getting-regulations away ~'om
the PSC to Collier County. Was pleased when our authority reduced the regulatory
fees from 4.5 % to 1.5% which reduced water and wastewater bills for customers in
Collier CouttD'.
I enjoy working with Mr. Blue Wallace and the staff. lhey are professional and
competent.and do an excellent job in research--which I especially value-- and advice
to be studied. lhey are an asset to the Counly.
Sincerely, cc. Mr. Bleu Wallace
Fay~~ies~' (~~ John Norris, Commissioner Dist. 1
Vice Chairman, Collier County
Water and Waste Water Authority
pcjo~///
P.02
DR. FAY R. BILES
RECENT CIVIC AND PROFESSIONAL ACTMTIES
COLLIER COUNTY
Collier County Growth Management Plan. Evaluation and Appraisal Conurdttee (EAR),
Future Land Use Ele~nent Committee (FLUE); FoCus~ Future of Collier Created by Us,
Executive Committee (SecretaN'l, Facilitator Trainer, Committee on Goals, Sustainable
Collier Co~mnittee. Structure Committee: Development Committee; Sheriff's Commis-
sion; Edison Community College Development Comrnittee, Chair, Library and Reource
Center; Collier County Public Schools Communication Committee, Wellness Committee,
Collier County Water and Waste Water Authority Board; Porter Goss, Congressional
Classroom Project, Judge for selection of high school students; Cooper Institute Board of
Directors, Greater Naples Ci,'i..~ Association (GNAC); Director, FirstMerit Bank. of NE
Ohio and Elorida Collier CouLuy Cunununitv Foundation Strategic Plat~ning Comn~ittee
Collier County Career Academy OrgaJ~izational Committee (Drill Academy)
MARCO ISLAND
Di~ ector for CollegefUniversity Relations, American Association of University Women
(:L-XL"W), Marco Island Branch; Women's Island Netv.'ork (WIN) founder. Executive
Committee, WIN Political Committee, President, Marco Island Taxpayers' Assoc.
(MITA); Marco Island Master Plan Advisory' Committee for Growth Management Plan,
Marco Island Fair W'ater Rate Defense Ftmd Committee, Corporate Vice President,
Rookery Bay Esmarine Research Reserve Board. Urgent Care Task Force for Naples
Community Hospital. Volunteer of the Year by the Marco Island Eagle
STAIE
Commission on Crime, Representative Brat Saunder; Commission on Healthcare, Heal-
they Children; Comznission on Environment. Campaign Conunittee for Dudley Good-
lcttc, Representative and for Senator candidate, Ralph Livingston, State AAI3V Director
for Legal Advocacy Fund Voted "Woman of ChanRe." highest honor for AAU'W
(twice, one from Cjuster and one from State AAUW)
EDUCATIONAl,
United States Otympic Committee Education Committee, Chair; President, FAVA As-
sociates Consulting Firm, Leadership and Conm~unication Skills; Director of"I.inks to
Leadershil2 Promoting Women in Sport,"National Association of Girls and Women in
Sport (NAGWS) with $45,000 grant fi'om USOC. (helping women to achieve positions
of leadership in schools and colleges). Served as Leader on Loan for AAUW, nationally
for leadership skills. Wrote and edited Leadership Mamtal; Chairma~ of Stars Leader-
ship' Task Force; Planning Committe for National AALnvV State Leaders' Con: ,;,.r, cc. iGEND IT. JiM
No.
MAY 2 5 ,999
April 20, 1999
Mrs. Sue Filson, Administrative Assistamt
Board of County Commissioner
3301 East Tamiami Trail
Naples, Florida 34112-4977
Re: Expiration of term on Collier
County Water and Wastewater
Authority
Dear Mrs. Filson:
Thank you for advising me that my term as a member of the Collier
County Water and Wastewater Authority will end on May 21,1999.
I am taking this opportunity of notifying you and the Board that I am not
seeking reappointment on the Authority.
I am very grateful to the Board for the opportunity of having servied on the
Authority and shall always be willing to continue serving in some other capacity
at the pleasure of the Board.
In closing, I wish to express my appreciation to the members of the
Authority, Mr. Bleu Wallace and his staff and Mr. Thomas C. Palmer for their
courteous cooperation in the resolution of the business matters that came before
the Authority.
Respectfully,
Dr. Neno J. Spagna
Copy: Bleu Wallace, Utility Regulation Manager
~. h
COUNTY MANAGEREbfPLOMNT AGREEMENT
i~/~T~P.-TS AGREEMENT, made and entered into this ~"~ day of
, 1997, by and between COLLIER COUNTY, a political
subdivision of the State of Florida, heroinafter call "Emnlcver,"
as parny of the first part, and ROBERT F. FERNANDEZ, heroinafter
called "EmplOyee," as party of the second parE, both cf whom
understand as follows:
WITNESSETH:
WHEREAS, Emp!cyer desires to emp!cy the services cf said
Robert F. Fernandez as County Manager (County Administrator) cf
Collier County, as provided by Collier County Ordinance No. 93-
72, as amended, and Chapter 125, Part Iii, Florida Statutes; and
WHEREAS, it is the desire of the governing board,
hereiHafter called "Board of County Commissioners" or "Board," to
provide certain benefits, to establish certain conditions cf
emp!c~ant, and to set working conditions of said Employee; and
WHEREAS, Employee desires to accept employment as County
Manager of said Collier County; and
WHEREAS, the parties acknowledge that Emp!cyee is a member
cr the International City/County Management Association (ICM~.)
and that Employee is subject to the IC~_~. Code of Ethics;
NOW THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as follows:
Section 1: Duties
The Employee shall have the a'athority, duties and
responsibilities as set forth in Section 3 o'f Ordinance No. 93-
72, as such Ordinance has been amended or may be amended or
superseded in the future, or as such authority, duties and
responsibilities are set forth for a County Administrator in
Section 125.74, Florida Statutes.
Section 2: Term
A. Employee agrees to remain in the exclusive employ of
Employer for a period of four (4) years from the effective date
NAoG.~
of MAY 2 5 i999
of this Agreement, and neither to accept other employment nor to
become employed by any other employer until termination of
emplo~.ent pursuant to this Agreement.
B. Nearing the conclusion of such four (4) year empiovmenE
period, the Employment Agreement may be renegotiated by the Board
of County Co.mmissioners. The County Manager shall be given one-
hundred eighty (!80) days notice of Board's intent to renegotiate
the Agreement or to allow the Agreement to expire without
renegotiation. In the event the Board's notice is not to
renegoniate but for the Agreement to expire, no salary and
deferred compensation severance payment nor insurance benefits
shall be provided Employee or his dependents upon.the expiration
cf the Agreement. Elements of this Agreement may be changed at
any time when mutually agreed upon by the Board cf County
Comm. issioners and the County Manager.
d. Nothing in this Agreement shall prevent, limit cr
otherwise interfere with the right of the Board cf County
Cc. mT~issioners to terminate the services of Employee at any time,
subject only to the provisions set forth in Section 4 of this
Agreement.
D. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the Employee to resign at
any time from his position with Employer, subject only to the
Frovisions set forth in Section 5 of this Agreement.
~icn 3: Suspension
Se_~
Employer may suspend the Employee with full pay and benefits
at any time during the term of this Agreement, but only if:
(t) a majority of the Board and EmplOyee agree, or;
(2) after a public hearing, a majority of the Board votes
to suspend Employee for just cause, provided, however, that
Employee shall have been given written notice setting forth any
charges at least 10 days prior to such hearing by the Board of
County Commissioners' me.n%bers bringing such charges.
'AGEND~,
HAY 2 5 1999
Page 2 of 9 pg.
Section 4: Termination and Severance Pay
In the event Employee is terminated by the Board of County
Com~issioners before exmiration of ~he aforesaid term of
emmlo~.ent and during such time that Em~=!oye= ~= wi]~a and ab~=
to perform his duties under this Agreement, then in that event
Employer agrees to pay Employee a lump sum cash pa~ent equal to
four (4) months' aggregate salary and deferred compensation.
Employee shall also be compensated for all vacation, holidays,
and other accrued benefits to date. Emp!oyee's individual health
and term life insurance and dependent health insurance benefits
shall be provided for a period of six (6) months after
termination.
In the event Employee is terminated for cause or for
conviction of illegal acts, then, in that event, Employer shall
have no o~!igation to pay the aggregate severance sum or provide
posz-dermination insurance benefits designated in the above
paragraph.
Section 5: Resicnation
In the event Employee voluntarily resigns his position with
Employer before expiration of the aforesaid term o= his
emp!c~en~, then Employee shall cive Employer ninety (90) days
notice in advance. If EmD!cyee voluntarily resigns, providing
Employer with less than ninety (90) days notice, Employee shall
not be entitled to or receive any severance pay or posE-
termination insurance benefits for himself and his dependents.
Section 6: Disabilitx
If Employee is permanently disabled or is otherwise unable
to perform his duties because of sickr~ess, accident, injury,
mental incapacity or health for a period of four (4) successive
weeks beyond any accrued sick leave, Employer shall have the
option to terminate this Agreement, subject to the severance pay
requirements of Section 4. Employer shall not pay salary to
Employee i-f Employee is unable to perform his duties after the
four (4) successive week period provided in this Section.
HAY 2 5 i999
Pg. ---~
Page 3 of 9 '
Section 7: Salary
A. Employer agrees to pay Employee for his services
rendered pursuant hereEo an annual base salary of Si20,000
payable in installments at the same time as other management
emp!cyees of the Employer are paid.
B. In addition, Employer agrees to increase said base
salary and/or benefits cf Employee in such amounts and to such
extent as the Board of County Commissioners may determine that it
is desirable to do so on the basis of an annual salary review of
said Emp!cyee made prior to the anniversary date of this
Agreement. An annual salary increase under this provision shall
be no more than four ~ercent (4%).
C. Cn the date that general wage adjustments are granted
generally ~o Collier County employees, Employee's base salary
shall'be modified to reflect the general wage adjustmenE granted
to other County employees.
Section 8: Performance Eva!uaticn
The Board of County Com~missioners shall review and evaluate
the performance of the Employee no less than six (6) months prior
to the anniversary date cf this Agreement. Areas cf eva!uaticn
~h~!! include at a minimum:
(1) budget management;
(2) supervision;
(3) personnel management;
(4) leadership;
(5) execution of policy;
{6) departmental performance;
{7) relations with the Board of County Commissioners; and
(8) community relations.
The category ratings shall be done on a scale of 5 with a 5
indicating superior performance.
Further, the Chairman of the Board of County Commissioners
shall provide the Employee with a summary written statement of
the findings of the Board and provide an adequate opportunity for
the Employee to discuss his evaluation with the Bo~r~ o~ C~!~nry
Commissioners. N~~
2 5 999
Page 4 of 9 Pg. ~__
Section 9: Hours of Work
All dunlos required hereunder shall be performed by the
Employee personally, or through the assistance of such CounEy
employees as may be made available from time-to-time by the
County and concerning which the Employee shall ass'ame full
responsibiiiz]; provided, however, that nothing heroin shall be
deemed to absolve the Employee of personal responsibility for the
duties set forth heroin. The Employee shall be "on-call" twenty-
four (24) hours a day, available to perform said duties and
agrees to make himself available as needed during said period.
The manner and means of performance of the duties heroin shall be
determined by the Employee. All acts performed by the Employee,
explicitly cr imp!iedi'y, on behalf of the County shall be deemed
authorized by the County as its agent, except that any act which
constitutes willful misconduct or which may be unlawful shall be
deemed to be an individual act cf the Employee without authority
cf the Counzy.
Section 10: Outside Activities
The Employee agrees to remain in the exclusive employ of the
County while employed by the County. The term "employed",
however, shall not be construed to include occasional teaching,
~r%ting, speaking or ccnsu!ting performed on personal time off,
even if outside compensation is provided for such services. Said
activities are expressly allowed, provided that in no case is any
activity a!!cwed which would present a conflict of interest with
Employer. In the event overnight travel is required for such
non-Employer related business, the Board shall be notified in
advance.
Section 11: Moving and Re!ocation Exmenses
Employee shall be reimbursed, or Employer may pay directly,
for the reasonable expenses of packing and moving Employee,
Emp!oyee's family, and Emp!oyee's personal property from
Gainesvi!le, Florida to Collier County, Florida with said payment
or reimbu;sement subject to the receipt of at least three (3)
competitive bids by the Employee, which shall include unpacking,
any storage costs necessary, and insurance charges.
2 5 1999
P:~e S or9 pg. -~
Section 12: Housinc Allowance
A six (6) month housing allowance of $1,100 per month will
be paid to Employee on the first week of each of the first six
(6) months of this AcreemenI, or the aggregate of said amcunzs
($6,600) paid to Employee within five (5) business days cf the
date cf signiDg, whichever the Employee may choose.
Section 13: Automobile
County Manager will be allowed the use of a County pool car
for exclusive and unrestricned use. Personal use shall be
restriczed to Collier County, and fuel for personal use shall be
the responsibility of the County Manager.
Section 14: Vacation and Sick Leave
AS an inducement to Employee to become County Manager, at
signat'are hereof, Employee shall be credited with fifteen (15)
days cf vacazion leave. Lmm!cyee shall accrue, and have credited
to his personal account, vacation and sick leave at the same rate
as other general employees of Employer.
Employee may accrue um to 240 hours of (unused) vacation
leave. In the evenn Employee shcu!d need to accrue more than 240
~ours of vacation leave, he shall receive prior approval from the
Board or lose such vacation hours in excess of 240 hours.
Section 15: Disability, Health, and Life Insurance
Employer agrees to put into force and to make required
premium payments for Employee for insurance policies for life,
accident, disability income benefits, major medical, and
dependent's coverage group insurance covering Employee and his
dependents. Term life insurance for Employee shall be provided
at a level of three times (3x) employee ' s annual base salary.
Disability insurance income benefits shall be at fifty percent
(50%) of Emp!oyee's annual base salary. County Manager also has
the option-of participating in the County Leave Bank.
Section 16: Retirement
Employer agrees to execute all necessary agreements provided
by ICY_~. Retirement Corporation (ICMA-RC) for Employ r ~o.T~
HAY 2 5
Page 6 of 9
Pg.
participation in said ICMJ.-RC retirement plan. Employer agrees to
pay an amcunn equal to four percent (4%) of Employee's annual
base salary into the !CM~-RC on Employee's behalf, on the
effective date of this Agreement and on the anniversary of said
dane thereafter, and to transfer ownership to succeedinc
employers umon Emp!oyee's resicnation or termination.
Section 17: Dues and Subscriptions
Employer agrees to budget for and to pay for professional
dues and subscriptions of Employee necessary for his continuation
and full participation in national, regional, state, and local
associaticns and orga~izations necessary and desirable for his
continued professional participation, growth, and advancement,
and for the good of the Employer, including but not limited tc:
ICt~l, Leadership Florida, and Florida City and County Management
Association.
Section 18: Professional Deve!czment
A. Employer hereby agrees to budget for and to pay for
travel and subsistence expenses of Employee for professional and
official travel, meetings, and occasions adequate to continue the
professional development of Employee and to adequately pursue
necessary official functions for Employer, including but not
limited to the ICM_A Annual Conference, Leadership Florida Annual
dues and conference, Florida City and County Management
Association, and the Florida Retirement Commission.
B. Employer also agrees to budget for and to pay for
travel and subsistence expenses of Employee for short courses,
institutes, and seminars that are necessary for his professional
development and for the good of the Employer.
C. All out-of-state travel not specifically provided fcr
heroin shall be pre-approved by the Board of County
Commissioners. Reimbursement for out-of-county travel shall be
as provided by Florida Statutes.
Section 19: INDEMNIFICATION
In addition to that required under state =nd local law,
Employer shall defend, save harmless, and inde. ' -
PaBe 7 of 9
against any tort, professional liability claim or demand or other
legal action, including costs and attorney fees relating thereto
whether groundless or otherwise, arising out of an alleged act or
omission occurring in the performance of Emp!oyee's duties as
County Manager.
Section 20: tondins
Employer shall bear the full cost of any fidelity cr cnher
bonds required of the Employee under any law or ordinance.
Section 21: Other Terms and ConditiOn~ of Employment
The Board, in cor~ultation with the Employee, shall fix any
such other terms and conditions of employment, as it may
detemnine from time to time, relating to the performance cf
Employee, provided such terms and conditions are not inconsistent
with dr in ccnf!ict with the provisions of this Agreement cr any
other law.
Section 22: Notices
Notices pursuant to this Agreement shall be in writing,
transmitted by personal service or by deposit in the custody of
the United States Postal Service, postage prepaid, addressed as
~o~!cws:
(1) EMPLOYER: Board of County Commissioners
Collier County Govermment Center
3301 East Tamiami Trail
Naples, Florida 34112
(2) EMPLOYEE: Robert F. Fernandez
(address to be provided upon re!ocation)
Notices shall be deemed effective upon delivery or receipt.
Section 23: General Provisions
A. The text heroin shall constitute the entire agreement
between the parties.
B. This Agreement shall be binding upon and
benefit of the heirs at law and executors of Employe .
5 t999
Page 8 of 9 pg
C. This AgreemenE is a personal services centracE and
neither this Agreement nor Emp!oyee's oblicaEions under this
AgreemenE are assignable.
D. This AGreement shall become effective cc~_mencinc june
9, la97 orovidinc for an emoicvment termination date of June ~
2001 unless' this Agreement is extended or renegcniated as
provided herein.
E. If any provision, or any portion thereof, contained in
this Agreement is held unconstitutional, invalid cr
unenforceab!e, the remainder of this Agreement, or porEion
thereof, shall be deerned severable, shall not be affec:ed, and
shall remain in full force and effect.
IN WITNESS Wwr=rOF the Board cf Counnv Ccm~m, issicner= cf
Co!!i~r Ccunzy, Florida has caused this AgreemenZ to ke sicned
and executed in its behalf by its Chairman, and duly atZesEed ky
its Clerk Eo the Board, and the Employee has signed and execuzed
this Agreement, both in duplicate, the day and year firsE above
written.
"ATTEST:. ,, BOARD OF COUNTY COMMISSIONERS
DWIGHT E." ROCK, Clerk OF COLLIER CO~TY, FLORIDA
.. ' By:
Approved as to fo~ and
legal sufficiency:
David C. Weigel ~ N~~M
Collier County Attorney
Page 9 of 9 Pg' ~
ADMINISTILATION § 2-77
board meeting following the meeting at ~vhich the writing no later than 15 days following September
motion is granted. 29, 1981.
(Ord. No. 81-54, § 2; Ord. No. 88-41, § 1)
(fj No h caring or debate on motion for reconsid- Land development code reference-Zoning amendments,
~,'ati,n. A motim~ for reconsideration shall not re- ~ 2.7.2.
State law reference-Adoption of rez,ning ordinances, F.S.
quire public hearing, and neither the petitioner ~ 125.66~5,.
nor any other person shall have the right to ad-
dress the board considering the merits of such a Sees. 2-43-2-65. Reserved.
motion. I towever, the board may request informa-
tion of the petitioner, the staff or ~y other person
in order to better inform itself prior to acting upon ~TICLE III. OFFICERS ~ND
the motion. The purpose of this proGsion is to
E}WLOI~ES*
prevent either the petitioner or any other person
from debating the merits of the petition prior to
its full consideration at a reglarly scheduled DI~SION 1. GENEgLY
b,ard meeting where the petition is reconsidered.
Sees. 2-66-2-75. Reserved.
(g~ IProcedtzres orztlined.] The procedures out-
li~ed heroin sl:alt not constitute an administra- D~SION 2. COUNt' ~MINIST~TORT
tire remedy, and the defense of f~lure to exhaust
administrative remedies shall not be r~sed if a Sac. 2-76. Citation.
petitioner declines to utilize these procedures and My reference to "county manager" in this Code
instead elects to pursuejudici~ remedies following or e~sting or future ordinances, resolutions. min-
the denial of the petition. The time period for
utes, leg~ instruments ~d other documents shM1
seeing judiciM relief following deni~ of those be understood to refer to the "county ad-
matters contemplated by subsection (a)(2] of this ministrator."
section shall run from the time the bo~d votes on (Ord. No. 93-72, ~ 1)
such matter, and a mottim hereunder sh~l not
alter such time period. See. 2-77. Appointment, qualifications, com-
pensation and vacancy.
~h) II~itial vote.} ~ere the initial vote was
made after an advertised public heminS, any re- {a) The county shall have a county adminis-
cm~sideration of such vote sh~l comply ~th sit trator appointed by the board of county commis-
advertisement and notice pro~sions that were le- sioners, which officer sh~l be the administrative
gally required For the initi~ public he~ing. head of the county and sh~l be responsible for the
administration of M1 departments of the county
~i~ Reconsiderorion off petitions recentCv denied. government which the bo~d has authority to con-
In reco~mition ofthe fact that several petitions for trol pursuant to F.S. ch. 125, pt. III (F.S. ~ 125.70
which this section would be applicable have re- et seq.), the generM laws of Florida, and other
cently been denied by the bo~d, and in recoil- applicable le~slation.
lion of the fact that the reconsideration of some of
these petitions may be meritorious and in the *Cross references-Employeebene~ts,~ 2-101 etseq;per-
sonnel, ch. 102.
public inLerest. it is hereby decl~ed that the pro- SpaelM net reference-Speci~ acts pertaining to o~cers
visions of subsection (b) of this section ~e hereby and employees. ~ 202-156 et seq.
waived for ~:3' petitions othe~ise entitled to re- state law references-Public officers and emplo>'ees, F.S.
consideration which have been denied by the bo~d chs. 111,112; general authority relative to officers and era-
subsequent to May 1, 1981, and prior to October ployees, F.S.~ 125.01(1)(s),(1)~u),(1)w),(l)(bb);bondsofcounty
S, 1981 I n lieu of the requirements of subsection o~cials, F.S. ch. 137; compensation otcounty o~cials, F.S, ch.
' ' 1.15.
i>~ petitioners who are othervise eli~ble for re- ~State law reference. ~untvAdn~r~,~on L~w of 19 '4.
N
MAY 2 5 999
277 COLLIER COUNTY CODE
Ib~ The county administrator shall be qualified (21 Report to the l>oard on action taken pur-
by administrative and executive experience and suant to any directlye or policy within
ability to serve as the chief administrator of the time set by the board and provide an an-
countv. The countv administrator shall be ap- nual report to the board on the state of the
pointed by an affirmative vote of not less than county, the work of the previous year, and
three members of the board and may be removed any recommendations as to actions or pro-
~t any time by an affirmative vote, upon notice, of grams deemed necessary for the improve-
n<~t less than three members of the board, after a ment of the county and the welfare of its
hearing if such a hearing is requested by the residents.
county administrator; provided, however, such re-
moval shall occur no sooner than 14 days after (3) Provide the board, or individual members
adl~ption of a resolution of intent to terminate the thereof, upon request, with data or infor-
employment <~F the county administrator. The motion concerning county government and
c~mnty administrator need not be a resident of the to provide advice and recommendations
cr~untv at the time of appointment, but during county government operations to the board.
tenure in that {~f~ice must reside within the county.
(41 Prepare and submit to the board for its con-
'c'. The compensation of the county adminis- sideration and adoption an annual oper-
Iratot shall be fixed by the board unless othersvise ating budget, a capital budget and a capital
pr~vided by law. program.
!d) The office of county administrator shall be (Si Establish the schedules and procedures to
deemed vacant if the incumbent county adminis- be followed by all county departments, of-
trator moves his residence from the county or is, fifes, and agencies in connection with the
by death. illness. or other casualty, unable to con- budget and supervise and administer all
tinue in office. A vacanQ' in the office shall be phases of the budgetary process.
filled in the same manner as the original appoint-
(6) Prepare and submit to the board after the
mont. The board may appoint an acting county
end of each fiscal year a complete report on
adn~inistrator in the case of vacancy or temporary.
absence or disability until a successor has been the finances and administrative activities
of the county for the preceding year and
a.r>t~ointed or the county administrator returns.
!Ord. No. 93-72. § 2i submit recommendations.
State law reference-Appointment of county adrninis-
Irafur, F.S § 12573 (7) Supervise the care and custody of all county
property.
Sec. 2-78. Powers and duties. (8) Recommend to the board a current position
classification and pay plan for all positions
In., The county administrator shall be respon- in county service.
sible for the administration of all departments that
are responsible to the board and for the proper (9) Develop, install, and maintain centralized
atlministrati{m of all affairs under the jurisdic- budgeting, personnel, and purchasing pro-
lion nf the board. To that end, the county admin- cedures.
istrator shall by way of enumeration and not by
way of limitation, have the following specific {10) Organize the work of county departments,
powers and duties t~: subject to an administrative code devel-
oped by the county administrator and
~ 1t Administer and carry out the direolives and adopted by the board, and review the de-
policies of the board and enforce all orders, partments, administration, and operation
resolutions, ordinances, and regulations of of the county and make recommendations
.... :~^,;~-~b/i, 9'iEM
the board to assure that they are faithfully pertaining thereto for re~.~, ....
executed. board. NO, /~
CD2:12 MAY 2 5 1999
Pg .~ZL/
ADMINISTRATION § 2-100
(11) Select, employ and supervise all personnel advising the board of county commissioners in its
and fill all vacancies, positions or employ- role as the policy-setting governing body of the
ment under the jurisdiction of the board county and carrying out its directires and poll-
except county attorney. However, the em- cies.
ployment of an assistant county adminis-
trator, the executive director of the county
airport authority and all division adminis- (c) No county commissioner shall direct or te-
tratots shall require confirmation by the quest the appointment of any person to, or his
board. removal from, office by the county administrator
or by any of his subordinates, or in any mariner
(12) Suspend, discharge, or remove any em-
ployee under the jurisdiction of the board take part in the appointment or removal of officers
pursuant to procedures adopted by the board. or employees in the administrative services of the
county except as provided by this division. The
(13) Negotiate leases, contracts, and other agree- board of county commissioners and its members
ments, including consultant services, for
shall deal with the administrative services solely
the county, subject to approval of the board, through the county administrator, and neither
and make recommendations concerning the the board nor any member thereof shall interfere
nature and location of county improve-
ments. in the performance of the duties of any subordi-
nate of the county administrator, either publicly
(14) See that all terms and conditions in all or privately, except for the purposes of inquiry
leases, contracts, and agreements are per- and information. A violation of the provisions of
formed and notify the board of any noted this section shall constitute malfeasance within
violation thereof. the meaning of Article IV, Section 7(a) of the
(15) Order, upon advising the board, anydepart- Florida Constitution. A violation of this section
ment under his jurisdiction as specified in shall also be a violation oftMs article and shall be
the administrative code to undertake any punishable by [a] fine not to exceed $500.00 or by
task for any other agency on a temporary imprisonment in the county jail not to exceed 60
basis if he deems it necessary for the proper days, or by both such fine and imprisonment, or
and efficient administration of the county as otherwise may be provided by law.
government to do so.
(16) Attend all meetings of the board with au-
(d) Notwithstanding any of the foregoing, the
thority to participate in the discussion of
any matter. powers and duties of the county administrator set
out in this section shall not be construed to limit
(17) Perform such other duties as may be re- the right ofthe board to retain and employ its own
quired of the county administrator by the staff with such powers and duties as the board
board. may designate. This shall specifically include the
(b) It is the intent of F.S. ch. 125, pt. III (F.S. § right to retain legal counsel who shall. report
125.70 et seq.) and this division to grant to the directly to the board and who shall have sole
county administrator only those powers and du- responsibility for the management of the legal
ties which are administrative or ministerial in staff.
nature and not to delegate any, governmental (Ord. No. 93-72, § 3; Ord. No. 95-49, § 1, 9-12-95)
po~ver imbued in the board of county commission- State law reference-Authorized powers and duties of
county administrator, F.S. § 125.74.
ers as the governing body of the county pursuant
to Fla. Const. art. VIII, § l(e). To this end, the
above specifically enumerated powers are to be
construed as administrative in nature, and in any
exercise ofgovernmental power the county admin- Secs. 2-79---2-100. ~~' 'TEM
istrator shall only be performing the duty of NO.~
Supp. No. 3 CD2:13 HAY 2 5 1999
pg.
Ch. 'i25 COUNTY GOVERNMENT F.S. 1997
(b) Any comprehensive plan, or amendment to inspectors whose duty it is to assure code con~pliance.
such plan, adopted by ordinance pursuant to s. Any person designated as a code inspector may issue
163.3184, is exempt from codification and annual publi- citations for violations of county codes and ordinances,
carton requirements if the board of county commission- respectively, or subsequent amendments thereto,
ers determines that the text ol the comprehensive plan, when such code inspector has actual knowledge that a
or an amendment to such plan, or any .associated violation has been committed.
maps, diagrams, or chards cannot be published in a (a) Prior to issuing a citation, a code inspector shall
reasonable manner according to the county's estab- provide notice to the violator that the violator has com-
Itshad method of publication. Factors which may be mitted a violation of a code or ordinance and shall
considered in determining reasonableness of publica- establish a reasonable time period within which the vio-
lion include the cost of publication, changes that are lator must correct the violation. Such time period shall
~equired in the method ol publication, the number of be no more than 30 days. II, upon personal investiga-
documents in the comprehensive plan or amendment, lion, a code inspector finds that the violator has not cor-
and how frequently a plan is amended. This paragraph rected the violation within the time period, a code
does not prohibit the adoption or incorporation by refer- inspector may issue a citation to the violator. A code
ence of a comprehensive plan, or amendmaRl Io such inspector does not have to provide the violator with a
plan, in order to enact the plan or amendment by ordi- reasonable lime period Io correct lhe violation prior to
nance. issuing a citation and may immediately issue a citation
(c) The following ordinances are exempt from codi- it the code inspector has reason to believe that the vio-
fication and annual publication requirements: lation presents a serious threat to the public health,
1. Any development agreement, or amendment to safety, or welfare, or if the violation is irreparable or irre-
such agreement, adopted by ordinance pursuanl to ss. versible.
163.3220-163.3243. (b) A citation issued by a code inspector shall state
2. Any development order, or amendment to such the date and lime of issuance, name and address of the
order, adopted by ordinance pursuant to s. 380.06(15). person in violation, date of the violation, section of the
(d) Any ordinance thai is exempt from codification codes or ordinances, or subsequent amendments
and annual publication requirements must be recorded thereto, violated, name of the code inspector, and date
in a book kept for that purpose and maintained by the and time when the violator shall appear in county court.
clerk of the board of county commissioners. The exist- (c) Nothing in this subsection shall be construed to
ence and location of such records shall be noted in any authorize any person designated as a code inspector to
ordinance that adopts a comprehensive plan, develop- perform any function or duties of a law enforcement
ment order, development agreement, or an amend- officer other than as specified in this subsection. A code
ment to any such plan, order, or agreement. The exist- inspector shall not make physical arrests or take any
ence and location of such records shall also be noted person into custody and shall be exempt from require-
in any ordinance that establishes procedures or ments relating to the Special Risk Class of the Florida
requirements for development orders or development Retirement System, bonding, and the Criminal Justice
agreements. Standards and Training Commission, as defined and
(2) All ordinances shall be public records, and cop- provided by general law.
ies of such ordinances shall be available to the public. (d) The provisions of this subsection shall not apply
A reasonable charge may be made for the provision of to the enforcement pursuant to ss. 553.79 and 553.80
copies, but such charges shall not exceed the actual of building codes adopted pursuant to s. 553.73 as they
costs incidental to providing such copies. apply Io construction, provided that a building permit is
Hlslory.--s. 3. ch. 69-32; S. 2, ch 90-152 either not required or has been issued by the county.
For the purposes of this paragraph, "building codes"
125.69 Penalties; enforcement by code inspec- means only those codes adopted pursuant to s.
tors.-- 553.73.
(1) Violations of county ordinances shall be prose- (e) The provisions of this subsection may be used
cuted in the same manner as misdemeanors are prose- by a county in lieu of the provisions of part II of chapter
cuted. Such violations shall be prosecuted in the name 162.
of the state in a coud having jurisdiction of misdemea- (f) The provisions of this subsection are additional
nors by the prosecuting attorney thereof and upon con- or supplemental means of enforcing county codes and
viction shall be punished by a fine not to exceed $500 ordinances. Except as provided in paragraph (e), noth-
or by imprisonment in the county jail not to exceed 60 ing in this subsection shall prohibit a county from
days or by both such fine and imprisonment. However, enforcing its codes or ordinances by any other means.
a county may specify, by ordinance, a violation of a Hlstory.--s. 3, ch. 69~234; ss. 1, 2, ch. 70-452; s. 1. ch. 79-379; s. 12, ch.
89-268; s. 1, ch 90-37.
county ordinance which is punishable by a fine in an
amount exceeding $500, but not exceeding $2,000 a PART III AGENDA ].TEN
day, if the county must have authority to punish a viola- No oN~~..~.'
lion of that ordinance by a fine in an amount greater COUNTY ADMINIS RATIO
than $500 in order for the county to carry out a federally
mandated program. 125.70 Shod title.
(2) The board ot county commissioners of each 125.71 Purpose.
county may designate its agents or employees as code 125.72 Application of Ihe pard. pg.
1038
F.S. 1997 COUNTY GOVERNMENT Ch. 125
125.73 County administrator; appointment, qualifica- dence from the county or is, by death, illness, or other
,.._.. tions, compensation. casualty, unable to continue in office. A vacancy in the
125.74 County administrator; powers and duties, office shall be filled in the same manner as the original
appointment. The board of county commissioners may
125.70 Short title.--This pad shall be known and appoint an acting administrator in the case of vacancy
may be cited as the "County Administration Law of or temporary absence or disability until a successor has
1974." been appointed and qualified or the administrator
Hlstory.--s. 1, ch. 74-193. returns.
Hlslory.--s. 1, ch. 74-193; s. 821, ch. 95-147.
125.71 Purpose.--It is the legislative intent that it is
necessary to authorize a form of county administration 125.74 County administrator; powers and duties.
that best assures an adequate and efficient provision of (1) The administrator may be responsible for the
services to the citizens in this state, that provides for administration of all departments responsible to the
coordinated administration of county departments to board of county commissioners and for the proper
better protect the health, welfare, safety, and quality of administration of all affairs under the jurisdiction of the
life of the residents in each of the more urbanized coun- board. To that end, the administrator may, by way of
ties, and that places in the hands of a county adminis- enumeration and not by way of limitation, have tile fol-
trator the multitude of details which must necessarily Iowing specific powers and duties to:
arise from the operation of a county as a unit of local (a) Administer and carry out the directives and poli-
governmenl and, thus, enables the board of county cies of the board of county commissioners and enforce
commissioners to perform freely, without unnecessary all orders, resolutions, ordinances, and regulations of
interruption, its fundamental intended purpose of mak- the board to assure that they are faithfully executed.
ing policies within the framework of law applicable to (b) Repod to the board on action taken pursuant to
county government in this state. It is the further legisla- any directive or policy within the time set by the board
live intent to provide a formula and structure for the and provide an annual report to the board on !he state
economic and efficient conduct of county affairs by of lhe county, the work of the previous year, and any
Imaking the county administrator established by this act recommendations as to actions or programs the admin-
responsible for handling of all lhings necessary to istrator deems necessary for the improvement of the
accomplish and bring to fruition the policies established county and the welfare of its residents.
by the board of county commissioners. (c) Provide the board, or individual members
Hislory.--s 1. ch 74-193 thereof, upon request, with data or information con-
125.72 Application of the part.--The provisions of cerning county government and to provide advice and
this pad may apply to any county in this state which has recommendations on county government operations to
the board.
not adopted a charier form of county government upon (d) Prepare and submit to tile board of county corn-
passage of a county ordinance by the governing body
of such county expressly adopting this part. missloners for its consideration and adoption an annual
Hlltory.--s 1, ch 74-193 operating budget, a capital budget, and a capital pro-
t; gram.
125.73 County administrator; appointment, quaff- (e) Establish the schedules and procedures to be
lications, compensation.-- followed by all county departments, offices, and agen-
. (1) Each county to which this part applies shall cies in connection wilh the budget and supervise and
appoint a county administrator, who shall be the admin- administer all phases of the budgetary process.
istralive head of the county and shall be responsible for (f) Prepare and submit to the board after the end of
lhe administration of all departments of lhe county gov- each fiscal year a complele report on the finances and
eminent which the board of county commissioners has adminislralive aclivilies of !he counly for the preceding
authority to control pursuant to this act, the general year and submit his or her recommendations.
laws of Florida, or olher applicable legislation. (g) Supervise the care and custody of all county
(2) The county administrator shall be qualified by property.
administrative and executive experience and ability to (h) Recommend to lhe board a current position
serve as the chiet adminislrator of the county. He or classification and pay plan for all positions in county
8he shall be appointed by an affirmative vote of not less service.
Illan lhree members of the board of courtly cornrots- (i) Develop, inslall, and maintain centralized bud°
sichers and may be removed at any time by an allirma- gettrig, personnel, legal, and purchasing procedures.
l/ve vote, upon notice, of not less than three members (j) Organize the work of county departments, sub-
of lhe board, after a hearing if such be requested by the ject to an administrative code developed by Ihe admin-
'County adminislrator. The adminislrator need not be a istrator and adopled by Ihe board, and review !he
resident of the county at lhe time of appointmenl, but departments, administration, a '~d nnpr~tir, n of th'2 '
!Cludng his or her tenure in office shall reside within the county and make recommendatil aS
!county, for reorganization by the board. aNl~pe~
(3) The compensation of the administrator shall be (k) Select, employ, and super 'ise
ltwise provided by law. jurisdiction of Ihe board. Howeve I
The office of county adminislrator shall be all depadmenl heads shall requir confirmation by lhe
I if lhe incumbent moves his or her rest- board of county commissioners.
__. 1039
· Ch. ';25 COUNTY GOVERNMENT F.S. 1997 '
(I) Suspend, discharge, or remove any employee (2) "Form of county government" is that form
under the jurisdiction of tile board pursuant to proce- adopted by the electors providing for the operation of a
dures adopted by the board. county government operating under a charier which
(m) Negotiate leases, contracts, and other agree- shall be provided in the chader.
ments, including consultant services, for the county, (3) "Officer" means all officials of county govern-
subject to approval of the board, and make recommen- merit operating under a charter which shall be provided
dations concerning tile nature and location of county in the charier.
improvements. Hlslory.--s, 2, ch, 74-193.
(n) See that all terms and conditions in all leases, 125.82 Charter adoption by ordinance.--
contracts, and agreements are performed and notify (1) As a supplemental a~ld alternative way to the
the board of any noted violation thereof. provisions of ss. 125.60-125.64, inclusive, the board of
(o) Order, upon advising the board, any agency county commissioners may propose by ordinance a
under the administrator's jurisdiction as specified in the charier consistent with the provisions of this pad and
administrative code to undedake any task for any other provide for a special election pursuant to tile proce-
agencyon a temporary basis ifhe orshedeems it nec- dures established in s. 101.161(1) with notice pub-
essary for the proper and efficient administration of the Itshad as provided in s. 100.342. The time period pro-
county government to do so. vided in s. 125.64 does not apply to the proposal of a
(p) Attend all meetings of the board with authority to charier by ordinance under this section.
padicipate in the discussion of any matter. (2) Any charter proposed under this section which
(q) Perform such other duties as may be required was adopted by vote of the electors at an election con-
by the board of county commissioners. ducted and noticed in conformance with the require-
(2) it is tile intent of tile Legislature to grant to the ments of ss. 100.342 and 101.1 61 (1)is hereby ratified.
county administrator only those powers and duties Hlstory.--s. 2, ch 74-193; ss. 1, 2, ch. 88-38.
which are administrative or ministerial in nature and not
to delegate any governmental power imbued in the 125,83 County charters; general provisions.-
board of county commissioners as the governing body (1) A county charter may prescribe one of the
of the county pursuant to s. 1 (e), Art. VIII of tile State optional forms of government herein authorized, and
Constitution. To that end, the above specifically enu- shall clearly define the responsibility for legislative and
roerated powers are to be construed as administrative executive functions in accordance with tile provisions
in nature, and in any exercise of governmental power of this chapter.
the administrator shall only be performing the duty of (2) The county charier shall require all elective
advising the board of county commissioners in its role offices to be filled only by qualified voters of the county.
as the policy-setting governing body of the county. All appointed offices may be filled by nonresidents of
l{IStory.--s 1. ch 74-t93; S. 822. ch, 95-147, tile county; however, the charter may require that, upon
appointment, such oflicers shall reside in the county
PART IV during their tenure in office.
(3) The county charter shall define "vacancy in
OPTIONAL COUNTY CHARTERS office" and provide methods for filling such vacancy.
(4) The county charter shall provide that the sala-
125.80 Sho~ title. ries ol all county officers shall be provided by ordinar~ce
125.81 Definitions. and shall not be lowered during an officer's term in
125.82 Chader adoption by ordinance. oilice.
125.83 County chaders; general provisions. (5) The county charier shall provide a schedule for
125.84 County chaders; optional forms. the transfer of governmental functions into the charter
125.85 County chaders; executive responsibilities. form of government as adopted.
125.86 County chaders; legislative responsibilities. Hlatory.--s. 2. ch. 74-193.
125.87 Administrative code; adoption and amend-
ment. 125.84 County charters; optional forms.--Any
125.88 Civil se~ice. county desiring to adopt a county charier shall provide
for one of the following optional forms of government:
125.80 Shod title.--This pad shall be known and (1) COUNTY EXECUTIVE FORM.--The county
may be cited as the "~ptional County Charier Law." executive form shall provide for governance by an
Hlstory.--s. 2, ch. 74-193. elected board of commissioners and an elected county
executive and such other officers as may be duly
125.81 Definitions.--As used in this pad, the fol- elected or appointed pursuant to the charter. The
Iowing words and terms shall have the meanings elected county executive shall exercise the executive
ascribed to them in this section except when the con- responsibilities assigned by the charter and shall, in
text clearly indicates othe~ise: addition, approve each ordinance by si~~r
(1) "County chade~ means the charier by which ing it to become approved witho ~t siCjure by fa n~ .
county government in this state may exercise all pow- to veto it or may veto any ordin~ nce by r~turning it t
eral law and as adopted by a vote ol the electors of the written statement of his or her o
county. of the members ol the board pi sent and voting and "~
1 o40
RESOLUTION NO. 99-233
RESOLUTION OF INTENT TO TERMINATE THE
EMPLOYMENT OF THE COUNTY ADMINISTKATOR
WHEREAS, the County Administrator, Robert F. Femandez, (Administrator) is
employed pursuant to the terms of the County Manager Employment Agreement dated May 20,
1997; and
WHEREAS, numerous issues have come to light during the tenure of this County
Administrator that have eroded the Board of County Commissioners' and the public's confidence
in the Administrator's ability to effectively manage the personnel and operations of Collier
County government; and
WHEREAS, pursuant to the terms and conditions of Collier County Ordinance No. 93-
72, as amended, the Collier County Administrator Ordinance, and Section 125.73(2), Florida
Statutes, termination procedures have been established to protect the Administrator by requiring
an initial public hearing wherein a Resolution of Intent to Terminate the Employment of the
County Administrator must be adopted by an affirmative vote of three members of the Board of
County Commissioners (Board) only after said Resolution has been placed on the agenda of a
regularly scheduled Board meeting and where said agenda item has been included as a pan of the
published agenda of the Board meeting; and
~TIEREAS, the public interest is protected in that a final action terminating the
employment of the Administrator shall occur not less than fourteen (14) days after adoption of a
Resolution of Intent to Terminate Employment of the County Administrator at a regularly
scheduled meeting of the Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORID& that:
1) This Resolution of Intent to Terminate the Employment of the County
Administrator is adopted pursuant to the terms and conditions of the County
Manager Employment Agreement dated May 20, 1997, after due public notice,
' placement on the Board of County Commissioners meeting agenda for May 25,
1999, (a regularly scheduled Board meeting), and said Resolution having
2) The Board of County Commissioners hereby directs that a Resolui on NAY 2 5 1999
Terminating the Employment of the County Administrator be placed on a reg far
- I -
County Commission agenda not less than fourteen (14) days hereafter as
appropriately determined by the County Attorney. The Resolution Terminating
the Employment of the County Administrator shall be included as part of the
published agenda of the Board of County Commissioners.
3) It is the intent of the Board to comply with all the terms and conditions of the ,
County Manager Employment Agreement dated May 20, 1997, and the Board
directs the County Attorney to ensure that all procedures are properly followed.
This Resolution adopted this 11~h day of May, 1999 after motion, second and not less than
three affirmative votes of the Board of County Commissioners.
XTTEST: ' ': ...... ;", BOARD OF COUNTY COIVFN'EISSIONERS
, :.DWIGHT E.B.b,0Ck;.CLERK COLLIER COUNTY, FLORIDA
Ap~3ro;,,ed as to Form' and'
legal sufficien6y:."
~)avid C. Weigel
County Attorney
EXECUTIVE SUMMARY
PETITION NO. R-99-3 GEOFFREY PURSE OF PURSE ASSOCIATES, INC.
REPRESENTING GOLDEN GATE INN, REQUESTING TO CHANGE THE ZONING
CLASSIFICATION OF A PROPERTY FROM "GC" GOLF COURSE TO "C-3"
INTERMEDIATE COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED
ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COUNTY
ROAD 951 IN SECTION 26, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. THIS SITE CONSIST OF 1.81 ACRES.
OBJECTIVE:
The applicant is requesting to change the zoning of the property from "GC" Golf Course
to "C-3" Intermediate Commercial District to allow the construction of a Walgreens
drugstore.
CONSIDERATIONS:
The petitioner wishes to rezone the subject property from "GC" Golf Course Zoning
District to C-3 Intermediate Commercial Zoning District to establish a Walgreens
drugstore. The subject property is designated CR-951 Commercial In-fill on the Golden
Gate Master Plan and eligible to be rezoned to C-1, C-2 or C-3 zoning districts.
The subject property is adjacent on the north side to a C-4 zoned shopping center with
a gas station. On two of the remaining sides this property will be adjacent to a hotel and
related uses. By the virtue of the fact that this property is designated as Commercial
In-fill on the Golden Gate Master Plan, this commercial rezoning for a drug store is
compatible with surrounding and nearby land uses.
The proposed commercial retail development will generate a volume of approximately
1,298 trips per weekday. The P.M. peak hour are calculated at 153 trips. Based on this
data, the site generated traffic will not exceed the significance test standard (5 percent
of the LOS "C" design volume) on CR-951. In addition, this project will not lower the
level of service below any adopted LOS "D" standard on any state or county road within
the project's radius of development influence (RDI).
The Collier County Planning Commission reviewed this petition on. May 6, 1999 and by
a vote of 7-0 recommended approval of the variance. Staff has received one letter in
opposition to the granting of this request. Therefore, this petition does not qualify to be
placed on the Summary Agenda.
4AY 2 5 1999
1
p¢.
FISCAL IMPACT:
This rezone by and of itself will not have a fiscal impact on the County. However, if this
request meets its objective, this parcel will be further developed. The mere fact that
new development has been approved will result in a future fiscal impact on County
public facilities.
The following impact fees will be applicable to this project:
Road Impact Fee: $25,842.00
Fire Impact Fee: $ 4,417.00
EMS Impact Fee: $ 1,942.00
Radon Gas Impact Fee: $ 73.00
Building Code: $ 73.00
Total: $32,347.00
In addition to the Impact Fees described there are building permit review fees and utility
fees associated with connecting to the County sewer and water system. Building permit
fees have traditionally off-set the cost of administrating the community development
review process. Whereas utility fees are based on their proportionate share of impact to
the County system.
Impact Fees are currently being reviewed to determine if adjustments are required to
more accurately reflect the impact of particular development on County provided
services.
Finally additional revenue is generated by application of ad valorum tax rates. The
revenue that will be generated by the ad valorum tax depends on the value of the
improvements. At this point in time staff has not developed a method to arrive at a
reasonable estimate of tax revenue based on ad valorum tax rates.
The above discussion deals with revenue schemes. An fiscal impact analysis is
incomplete without an estimates of costs that will be generated by a particular land use
development project. At this point in time staff has not developed a method by which to
estimate the cost of a particular land use development project. Such a model in our
opinion would be terribly misleading because there is no certain way particularly with
respect to housing projects to determine their value and likelihood that not all of the
authorized development will occur.
Nevertheless, it should be appreciated that not withstanding fiscal impact relationship,
development takes place in an environment of concurrency relationship. When level of
,.._,, service requirements fall below then developed standard a mechanism is in place to
GROWTH MANAGEMENT IMPACT:
None. This rezoning action establishing a "C-3" zoning district is both consistent with
the basic land use designation of the Golden Gate FLUE and Master Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioners property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of County Commissioners approve Petition R-93-3 pursuant to the draft
Ordinance of Adoption made a part of this Executive Summary.
AGENDA
No.~_./,_~_
~4AY 2 5 1999
3
pg.
PREPARED BY:
~'/~r,~"-"" ~"~:~O~c~',-.-· 5/Ic~z~'1
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
REVIEWED Y:
RONALD F. NINO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVED BY:
VII,f/CENT A: CAUTE~O, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
MAY 2 5 1999
AGENDA ITEM 7-D
(. MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: April 9, 1999
RE: R-99-3, Walgreen's, Golden Gate City.
OWNER/AGENT:
OWNER: Golden Gate Inn
(Robert Vocisano, Mado Vocisano)
4100 Golden Gate Parkway
Naples, FL. 34116
Agent: Geoffrey Purse
Purse Associates, Inc.
4450 Bonita Beach Road
Suite # 9
Bonita Springs, FL. 34134
REQUESTED ACTION:
The applicant is requesting to change the zoning classification of the subject property
from "GC" Golf Course Zoning District to "C-3" Intermediate Commercial District.
GEOGRAPHIC LOCATION:
The subject property is located on the northwest corner of Golden Gate Parkway and
CR. 951 in Section 26, Township 49 South, Range 26 East, Collier County, Florida.
This site consist of 1.81 acres.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to rezone the subject property from "GC" Golf Course Zoning
District to C-3 Intermediate Commercial Zoning District to establish a Walgreen's
drugstore. The subject property is designated CR-951 Commercial In-fill on the Golden
Gate Master Plan and eligible to be rezoned to C-1, C-2 or C-3 zoning districts.
MAY 2 5 1~9
1
(- Existing: Recreational uses such as tennis courts, zoned "GC" Golf Course.
Surrounding: North- Golden Gate Parkway, shopping center, zoned C-4.
East- CR-951, canal, residences and vacant lands, zoned "E" Estates.
South- Golf Course, zoned "GC" Golf Course district.
West- Hotel, zoned ~RT" Residential Tourist.
..GROWTH MA. NAGEMENT PLAN CONSISTENC.Y;
The petitioner is requesting to rezone this parcel to C-3. The Golden Gate Area Master
Plan identifies 2 parcels on CR-951 as CR-951 Commercial In-fill parcels. One of the
parcels is located at the Northwest comer of CR-951 and Green Blvd. and the subject
parcel is the other one identified on the Plan. The Growth Management Plan states
"Commercial uses shall be limited to uses including low intensity transitional commercial
uses that are compatible with both residential and commercial, convenience
commercial to provide both small scale shopping and personal needs, and intermediate
commercial to provide for a wider variety of goods and services in areas that have a
higher degree of automobile traffic. These uses shall be similar to C-1, C-2 or C-3
zoning districts outlined in the Collier County Land Development Code (Ordinance 91-
102), adopted October 30, 1991". A C-3 zoning district would therefore be consistent
with this Plan directive.
Traffic Circulation Element:
The traffic impact review indicates that the project trips will not exceed the significance
test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway and
CR-951. In addition, this project will not lower the level of service below any adopted
LOS "D" standard on any road within the project's radius of development influence
(RDI).
The proposed rezone will not create or excessively increases traffic congestion on the
arterial road system at built-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3
of the TCE.
Sewer and water:
Water and sewer will be available to this site.
Drainage.:
Water management requirements will be addressed at the time of SDP review and
approval. Such approvals will be made consistent with Collier County drainage
requirements.
Open Space:
Thirty percent of the project site will be devoted to open space pursuant ;~ ~Dnlic.~bla
' ~,GENOA m '
provisions of the LDC at the time of SDP required approval. ~
No.
MAY 2 5 1639
2
.,.¢
Conservation:
(,.
Conservation goals, objectives and policies are achieved by applying LDC requirements
to required subsequent approvals.
Other applicable element8
Staffs review indicates that this petition has been designed to account for the
necessary relationships dictated by the Future Land Use Element of the Growth
Management Plan (GMP). Mitigation measures and stipulations have been developed
(where appropriate) to ensure consistency with the GMP during the permitting process.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Section 3.15 of the Collier County Land Development
Code, Adequate Public facilities, at the eadiest or the next to occur of either Final SDP
approval, final plat approval, or building permit applicable to this development.
Therefore, this proposed rezone is consistent with the goals and policies of the GMP.
Staff has concluded that no level of service standards will be adversely affected by this
amendment. Appropriate mitigation measures and stipulations will assure that the
County's interests are maintained, Consistency with the goals, objectives and policies
of other applicable elements of the GMP and level of service relationships are to be
"" achieved by stipulations and/or development commitments made a part of the approval
of this development order.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for
oversight related to the above referenced areas of critical concern. This primarily
includes a review by the Community Development Environmgntal staff, and the
Transportation division staff. This petition was administratively reviewed on behalf of the
EAB and staff recommended approval.
CRITERIA EVALUATION:
Appropriate evaluation of petitions for rezoning should establish a factual basis for
supportive action by appointed and elected decision makers, The evaluation by
professional staff should typically include an analysis of the petition's relationship to the
community's future land use plan, and whether or not a rezoning action would be
evaluation considerations should include an assessment of adequacy of tram >
MAY 2 5 i999
3
infrastructure, other infrastructure, and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning
action to the long range plan for future land uses.
The most important facet of the rezoning is that it constitutes a legislative statement
that authorizes the use of land for a specific development strategy, provided the
development of the land can go forward. It may or may not affect the timing of
development because of subsequent permitting requirements. Staff completed a
comprehensive evaluation of this land use petition and the criteria upon which a
favorable determination must be based. This evaluation is intended to provide an
objective, comprehensive overview of the impacts of the proposed land use change, be
they positive or negative, culminating in a staff recommendation based on that
comprehensive overview. The listed criteda are specifically noted in Section 2.7.3.2.5.
(Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form
the basis for a recommendation of approval or denial by the Planning Commission.
Each of the potential impacts or considerations identified during the staff review are
listed under each of the criterion noted and are categorized as either pro or con or not
applicable, whichever the case may be, in the opinion of staff. Staff review of each of
the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and have been attached to the staff report as Exhibit
"A". (See Attached)
In addition a rezoning action establishing a "C-3" zoning district is consistent with the
basic land use designation of the future Land Use element of the GMP.
Relationship to Future and existing Land Uses: A discussion of this relationship, as it
applies specifically to Collier County's legal basis for land use planning refers to the
relationship of the proposed zoning action to the Future Land Use Element of the
Collier County Growth Management Plan.
A rezoning action having the effect of rezoning approximately 1.87 acres will be
consistent with the provisions of the FLUE.
Compatibility: The subject property is adjacent on the north side to a C-4 zoned
shopping center with a gas station. On two of the remaining sides this property will be
adjacent to a hotel and related uses. By the virtue of the fact that this property is
designated as Commercial In-fill on the Golden Gate Master Plan, this commercial
rezoning for a drug store is compatible with surrounding and nearby land uses.
Timing: Clearly the timing of a rezoning action from "GC" Golf Course is present when
the land is impacted with nearby commercial zoning district and it is capable of being. _
.,.]
Traffic; The site generated traffic will not exceed the significance test standard (5
", percent of the LOS "C" design volume). The added trips will not lower the level of
service below adopted standards within the projects radius of development influence
(RDI). Therefore, the rezoning action will be consistent with the TCE.
The Traffic Circulation Element (TCE) lists this segment of Golden Gate Parkway as a 4
lane arterial road. The current traffic count for this road is 14,438 ADT which results in
Level Of Service LOS "A". CR-951 fronting this project has a count of 31,720 ADT and
is operating at LOC "C". Therefore, this project meets the County's concurrency
requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1 and
5.2 of the TCE.
Infrastructure: The site will be served by the Collier County water and sewer system.
Availability letters and construction plan approval from the Collier County Utilities
Department shall be provided prior to final Site Development Plan approval.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition R-99-3 to the BCC with a
recommendation for rezoning this property from "GC" Golf Course to "C-3' Intermediate
Commercial zoning district.
MAY 2 5 I999
5
PREPARED BY:
LJ~r~tw-, ~2~qJ~ ~, t4 ~ 15/q 1
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
IEWED ~
MANAGER DATE
CURRENT PLANNING SECTION
i~OBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
V(N6~'N~T/~ CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: R-99-3
Staff report for May 6, 1999 CCPC meeting.
Collier County Planning Commission:
MIC~l/~..Bruet, CHAIRMAN
6 MAY 2 5 19r~9 I
REZONE FINDINGS
PETITION R-99-3
Section 2.7.2.5 of the Collier County Land Development Code requires that the
report and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning Commission has studied and
considered the proposed change in relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals,
objectives, and policies and Future Land Use Map and the elements of the
Growth Management Plan.
Pro: The proposed rezone will be compliance with the Growth Management
Plan.
Con: None.
Summary Findings: The proposed rezone will be in compliance with the Future
Land Use Element of the Growth Management Plan.
2. The existing land use pattern.
Pro/Con: Evaluation not applicable.
SURROUNDING LAND USE AND ZONING:
Existing: Recreational uses such as tennis courts, zoned "GC" Golf
Course.
Surrounding:North- Golden Gate Parkway, shopping center, zoned C-4.
East- CR-951, canal, residences and vacant lands, zoned "E"
Estates.
South- Golf Course, zoned "GC" Golf Course district.
West- Hotel, zoned "RT" Residential Tourist.
3. The possible creation of an isolated district unrelated to adjacent and
nearby districts.
Pro: This property is across the street from a large shopping center zoned "C-4".
,,,. Con: None.
!~AY 2 5 1999
1
Summary Findings: This property is of a sufficient size that this rezone will not
result in an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and consistent with the GMP.
Con: None.
Summary Findings: There are commercial lands to the north of this project.
This rezone, if approved, will increase the amount of commercial land in the
intersection.
5. Whether changed or changing conditions make the passage of the
proposed amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed zoning change is appropriate based on the
existing conditions of the property and because its relationship to the FLUE is a
positive one.
6. Whether the proposed change will adversely influence living conditions
in the neighborhood.
Pro: I-Adjacent properties are located in an substantially developed with
commercial uses. By virtue of this fact it is reasonable that one assume
the potential for rezoning actions leading to commercial development.
II-Recommended mitigation actions made a condition of approval will go a
long way towards any potential adverse influences on the proposed
residential community lying north of the project.
Con: None.
Summary Findings: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development
standards and other conditions for approval have been promulgated and
designed to ensure the least amount of adverse impact on adjacent and nearby
developments. Recommended mitigation action should serve to ameliorate
impact on an adjacent residential under construction.
congestion or create types of traffic deemed incompatibl with '
HAY 2 5 lS39
2
surrounding land uses, because of peak volumes or projected types of
vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
Pro: I-An action to rezone the property as requested is consistent with all
applicable traffic circulation elements.
II- The property fronts directly on arterial roads thereby providing an
immediate highway system over which traffic from this project is defused.
Con: Urban intensification results in greater volumes of traffic on the arterial and
collector road system serving the project. Other projects dependent upon the
same street system may perceive this as one which will reduce their perceived
comfort levels.
Summary Findings: Evaluation of this project took into account the requirement
for consistency with Policy 5.1 of the Traffic Element of the GMP and was found
consistent a statement advising that this project when developed will not
excessively increase traffic congestion. Additionally certain traffic management
system improvements are required as a condition of approval. In the final
analysis all projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem.
Pro: The Land development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to increase
flooding potential on adjacent property over and above what would occur without
development.
Con: Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the risk of flooding in areas
when drainage outfall condition is inadequate.
Summary Findings: Every project approved in Collier County involving the
utilization of land for some land use activity is scrutinized and required to mitigate
all sub-surface drainage generated by developmental activities as a condition of
approval. This project was reviewed for drainage relationships and design and
construction plans are required to meet County standards as a condition of
approval. In the event area wide deficiencies develop, which deficiencies would
be further exacerbated by developing vacant land, the County is required to
react through its Concurrency Management system. ,
9. Whether the proposed change will seriously reduce light ant ai ~
adjacent areas.
IvI, AY 2 5 1999
3 pg. /J'~
Pro/Con: Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the
development standards that are unique to that zoning district. These
development standards and others apply generally and equally to all zoning
districts and were designed to ensure that light penetration and air circulation are
minimally affected by development.
'10. Whether the proposed change will adversely affect property values in
the adjacent area,
Pro: Typically urban intensification increases the value of contiguous land.
Con: None.
Summary Findings: This is a subjective determination based upon factors
which may be internal or external to the subject property. Zoning is only one
component which may affect property values.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
Pro/Con: Evaluation not applicable.
Summary Findings: The basic premise underlying all of the development
standards in the zoning division of the Land Development Code is that their
sound application when combined with the administrative site development plan
approval process, gives reasonable assurance that a change in zoning will not
act as a deterrent to improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasting with the public welfare.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the
Growth Management Plan a public policy statement supporting zoning actions
when they are consistent with the Comprehensive Plan. In light of this fact, the
proposed change does not constitute a grant of special privilege. Consistency
with the FLUE is further determined to be a public welfare relationship because
actions consistent with the GMP are in the public interest.
be ~,~ A~' '
13. Whether there are substantial reasons why the property canna ~
in accordance with existing zoning. No.
NAY 2 5 1999
4
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property can be developed in accordance with
the existing zoning, however to do so would deny this petitioner of the
opportunity to maximize the development potential of the site as made possible
by its consistency relationship with the FLUE.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County.
Pro/Con: Evaluation not applicable.
Summary Findings: A policy statement which has evaluated the scale, density
and intensity of land uses deemed to be acceptable for this site.
15. Whether it is impossible to find other adequate sites in the County for
the proposed use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: There are many sites which are zoned to accommodate
the proposed development. This is not the determining factor when evaluating
the appropriateness of a rezoning decision. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of
infrastructure and to some extent the timing of the action and all of the above
criteria.
16. The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of
the range of potential uses under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: Dgvelopment of the land will necessitate alteration of the
site in some form.
17. The impact of development on the availability of adequate public
facilities and services consistent with the levels of service adopted in the
Growth Management Plan and as defined and implemented through the
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
5 HAY 2 5 19°~9
Summary Findings: Staff reviews for adequacy of public services and levels of
service determined that required infrastructure meets with GMP established
relationship.
NAY 2 5 1999
6 Pg
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 9627N BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF C.R. 951 AND GOLDEN GATE PARKWAY
IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, FROM "C,C" GOLF COURSE TO "C-3";
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, GeolT~ey G. Purse of Pu/se Associates, Inc., representing Colden Gate Inn and Country
Club, petitioned the Board of Counly Commissioners to change the zoning classification of the herein descril~d
real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit 'A', attached
hereto and incorporated by reference herein, and located in Section 22, Township 49 South, Range 27 East,
Collier County, Florida, is changed from "C,C' Golf Come to "C-Y' and the Official Zoning Arias Map
Number 962TN, as described in Ordinance 91-102, the Collier County Land Development Code is hereby
amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Comnussioners of Collier County, Florida,
this __ day of ., 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KiE, Chairwoman
AI'tt:ST:
DWIGHT E. BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
·
ASSISTANT COUNTY A'ITORNEY
f/R-99~33 REZONE ORDINANCE/
MkY 2 5 19S9
REAL PROPERTY DESCRIPTION
A PORTION OF TRACT 'A; AND BLOCK l, GOLDEN GATE' UNIT l. ACCDI~DING TO
THE PLAT THEREOF RECOI~DED IN PLAT BOOK 5, Ar PAGES 60 THROUGH 64
OF THE PUBLIC RECORD~ OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.'
BEGINNING AT THE NORTHEAST CORNER OF ~AID BLOCK I, THE SAHE B~'ING A POINT
ON THE NORTHERL r LINE OF SAID TRACT 'A'; TI-fENCE N. gQ'QQ'OO'E. ALONG ~AID
NORTHERLY LINE, A DISTANCE OF 89.50 FEET; THENCE S. 75'QO'OQ'E. ALONG ~AID
NORTHERL r LINE. A DISTANCE OF 80.23 FEEt TO THE NORTHEAST CORNER OF
SAID TRACT 'A', THENCE S. 00'OQll'k/. ALONG THE EASTERLY LINE OF SAID T~ACr
~ DISTANCE OF 439.33 FEET; tHENCE S, 90'O0'00'V. A DISTANCE OF I67. I0 FEET TO
A POINT ON THE [ASTERL Y LINE OF S~ID BLOCK I~ THENCE NOG'OO'OO'E. ALONG SAID
EASTERLY LINE, A DISTANCE OF il6.e4 FEET~ THENCE 3.89'59'8~'V. A DISTANCE OF
1976 FEET,' THENCE NOO'OO'OO'E. A DISTANCE OF 190.41 FEET,. THENCE N. 13'I5'~Q'E
A DISTANCE OF 6000 FeET TO A POIN~ ON THE EASTERLY LINE OF SAID BLOCK 1,'
tHENCE N. OO'OO'OO'E. ALON~ SAID EASTERL~ LINE, A DISTANCE OF 95.00 FEET TO
THE POINT OF BEGINNING, PARCEL CONTAINS 1.815 AC~S MORe ~ LESS.
sx, s ? "A" t AY 2 5
APPLICATION FOR PUBLIC HEARING FOR: STAJVD.]4 ,.. ;: ..... ~
.' R 9 9- 0 .q' Date Petition Received: ~'''
Petition No.:
_t-' ABOVE TO BE COMPLE'I~D BY STAFF
1. General Information:
NameofApplicant(s) Cqqk,4.~_.~..~ C~.~4¢..
Applicant's Mailing Address ~,-t.C~ C-~o~ &/k4sb
City ~%~ \¢,s State ~'/-.b, Zip
Applicant's Telephone # 21. 5 ~' - l ~ t ~> Fax # 455 --
N~e or Agent C~,.f,C,-~,~ C., %,.;~ Si.~ ~%~'_s~ '~-~¢~. '~n~
Agent's MailinS Address ~/~-,:ffe ~i?:~'A. ~ssr...,~ P--Ok kS~;,'k' ¢~
City ?~:3ta\X~'~- $zp~&,~,~.c-, State -g;.k4k Zip
Agent's Telephone # °/2Ir'IB ~ 7--1~3~ Fax # °M¢.~ -?_.tO
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
""' PHONE (941) 403-2400/FAX (941) 643-6968 MAY 2
APPLICATION FOR pUBLIC HEARING FOR STANDARD REZONE o 5/98
PAGE I OF 15
2. Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address Percentage of Interest
NAY 2 5 lggg
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZQI'qE - 5/98 Pg. ~ I I
PAGE OF 15
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Parmership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Date of Contract:
Name and Address Percentage of Ownership
f. If any contingency clause or contract tenns involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired [] leased [] 124Sl[8~,Term of lease .. yrs./mos.
If, Petitioner has option to buy, indicate date of option: and ,,t~ ' - '
terminates: , or anticipated closing date ~~1~,l
MAY 2 5 1999
APPLICATION FOR PUBLIC HF_,^RINS FOP, STANDARD REZONE - 5,~8 Pi- (~ ~,3
PAGE. 3 ~)F ! 5
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed legal description of the property_ covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section: Township: Range:
~ /~ Block: [ Subdivision: F~ot-~It.~
Plat Book ~ Page ~: 6~ -~rope~ I.D.~:
Metes & Bonds Description: 5~ ~~
4. Size of property: 6,6,,~- fl.X [6,7 ft. =Total Sq. Ft. Bll/!,--[~ Acres 1.87
5. Address/general location of subject property_:
6. AdjaCent zoning and !and use:
Zoning Land use
w MAY 2 5 1999
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -
PAGE
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page).
Section: Township: Range:
Lot: ; ' Block: [. .. Subdivision: Gt~l,,~ G~nlq~, kS~t'J~ [
Plat Book t5 Page #:6,e-~Property I.D.#:
Metes & Bounds Description: C~k~,~F_~,-~5~ ~ ~~ ~
7. Rezone Request: This application is requesting a rezone from the C~. C.,,
zoning district (s) to the C - 3 zoning district(s).
..-, Present Use of the Property:
Proposed Use (or range of uses) of the property: ta9 ~., ~ x-tst~_%
8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land
Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in support of the request.
,..., MAY 2 5 1999
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 ,,
PAGE 5 OF 15
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REQUEST
1. NAME OF APPLICANT: C~ I--,Lv..,a~ F---l~k4~.,
'
CITY KN~~ STATE ~ ZIP
3. ~D~SS OF SUB~CT PROPERTY flF AVML~LE):
4. LEGAL DESCRIPTION:
Section: Township: Range:
~. -d~ Block: [ Subdivision: C~c~
Plat Book ~' Page #: ~ -64- Property I.D.#:
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM [~J
PROVIDE NAME 'Y:I-4~. '~A~T
d. PACKAGE TREATMENT []
(GPD capacity)
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME FzL/k
d. PRIVATE SYSTEM (WELL) [] ~-~--~
MAY 2 5 i229
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -
PAGE I
7. TOTAL POPULATION TO BE SERVED: ""'
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK G)c~c~o 61pp AVERAGE DAILY l~5'o~
B. SEWER-PEAK r~;~ ~,.x~ AVERAGE DAILY !:
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED: .... I ·
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. Ifpercolation ponds are to be used,
then percolation data and soil involved shall be provided fi'om tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any prorider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided.
Utility Provision Statement RIM 10/17/97
MAY 2 5 I999
APPLICATIOn/FOR ~'UBLIC HEARING FOR STANDARD REZONE - 5/98
STANDARD REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQ UIR EMENTS # oF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15
2. Copy of Deed(s) and list identifying Owner(s) and all 1
Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 1 /
4. Pre-application notes/minutes 15
5. Conceptual Site Plans 15
6. Environmental Impact Statement - OEIS) 4
7. Aerial Photograph - (with habitat areas identified) 4
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4
10. Historical & Archaeological Survey or Waiver 4
APPlication
11. Copies of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structure(s) 4
13. Application Fee, Check shall be made payable to -
Collier County Board of Commissioners
14. Other Requirements -
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of process this petition.
L'h ~z, ?"[ Date i ~
x,: plicant Signature "'~ MAY 2 5
APPLICATION FOR PUBLIC IIEARING FOR STANDARD REZONE - 5/98 l~
Pg.
PAGE It ~
jFFIDA VIT
We/l, bT,~ ~t.**~ Voc..l~-o.~o being first duly sworn, depose and say that we/I
a~are the owners of the proper~ d~cribed herein and which is the subject matter of the
proposed hearing; that all the answers to the quitions in this application, including the
disclosure of interest information, aH s~tches, data, and other supplementa~ matter attached to
and made a pan of th~ application, are honest and t~e to the b~t of our ~owledge and balieft
We/I understand that the information requital on th~ applicaaon m~t be complete and
ac~rate and that the content of th~ form, whether computer generatd or Coun~ printed shah
not be altered. Public hearings will not be advertised until th~ application is deerod complete,
and aH required infomation has been submitted.
As proper~ owner We/I further authorize ~ ~ ~ ~ ~ ~ ~. to act
~ our/my representative in any matters regarding th~~ihon. '
Typd or Printed Name of ~ner Typd or Printed Name of ~ner
The oregoing instrument was acknowledged before me this ~5~ day of ~
1~, by ~9~5~7" ~ ~;f S~tJ~7 who is personally ~"~wn To me or has produced/
State of Florida (Signature blic - State of
County of Collier Florida)
My C~ ~ ~ (Print. Type, or Stamp Commissioned
B~ By ~ h Name of Nota~ Publi0
No. ~1~
APPLICATION FOR PUBLIC HEARING FOR ST~DARD REZONE - 5~8 ~
' MAY 2 5
PAGi i 5 OF 15
2 5 1999
2 5 1,939
,lllllllmlI
.]::t': ...q :.,3.q!.~ ].E:~7, F~; D'J-tF-'_E5 - 2R.;d:Y LLP 941 4.".449'~c3 '12 ?.q4_~21[-:' P.IE~4,'I~/_.
!': ~.;4..,~.~',:, .~""~'~'t.i,,!C.h~V,.~ a-....~-,,.. ~., · ~ ,...;.._ .............
OR 5091t PAGE
!'.XH311J'raAe
~ 1, (K)LDEN 13 Al"r. Unit No. I, &~ ee, e~rd~d m
S, P,'Ie It. ~e l~s of Collier Coyly. r~rt~i
~ A ~ B, GOLDEN GATe. ~mt No. t, i$
P~t ~ 5, Fq¢ S2, ~llc ~ of ~llt~ Co~ty,
F~I ~ ft~t ~ ~LDEN (;A'r~. U~t l, Part I,
hn 1~ u ~ in P~I ~ i. Pqe i0/-k Ih~h
~ ~1t ~ 35~35S, ~lle Re~ af ~d~er (~tl.
~v~ te QAC UtlMtl~, ~., ~ wur8nty ~
SO0, Pp liHll, ~ It O.K. ~ 519,
~ltdy, ~1~ R~ at C~ti~ ~ty, P~a~ AND
~ ~ Tit ~ ~1 Keviodly ~v~
OtiUtm, ~. Ot Fi~ W ~t eL&ira ~ ~t~
l$, !115 ~ W~ el O.R. ~ ILLS. PMe I}lo
- - :~' "- d'D93DD18 ~SAPRI9 ~qs~80[:1131 001230
'~:' :' COLLIER COUNTY RECORDFD OR BOOK 'PAGE
-. ' '. · ~ '- ~. .. ~'.. ~ ~I?-C~I~ DEED
· " """" "" " I
.. -. ..- -. _-: ' 'CORPO~?ION (Second Pa~ty), whose addless ~s
· .--'... ... : (Whezever used hezeln, the tems 'Flrst Pa:tv' and 'Second
'-' ..... zepzesentatlves and assigns o~ ,ndlvlduals, and the
'~" "" :'; ..... j..:-'[Z.' '-~: j successozs and asslgns o~ co~atLons, whe~eve~ the context
-'- .t '7~-'-? ' -~-'-j~'5 '--";~?; " WITNESS~H: That the said First Party, for and in
...:;. ~.--;..;:~, ?fT ) consideration of the sum of Sl0,00 in hand paid by the said Second
· UT~~ ~.:.,; ...:.;~-~,uy-,:.~'--~ Party, the receipt whereof is hereby acknowledged, does hereby
'-~"'~": remise, release and ~it-claim unto the said Second Pa~ty forevez,
:.-.Z~':~-' r'.-;C::Z-.Z..:~[~i all the right, title, interest, claim and demand which the said
.' .= "/." ...:-..'-/-~,.'-.~".] First Party has in and to the following descried lot, piece or
--.-. .'..~'~;..- C..;: ~ parcel or land, situate, lying and being in the Coun~ of Collier,
,. " State of Florida, to-wit:
. - .,...~ ,~..-.- -i - .
-' - - T~BER with easements set forth in Exhibit B.
] C'.. . the appurtenances thereunto belonqinc or in artwise apDertaining,
-.' "-"" '-j:' .. and all the estate, right, title, interest, lien, e~ity ana claim
~t whatsoever of the said First Party, either in law or equity, to
-' . - ~ the only proper use, ~nefit and behalf of the said Second Party
· .. . :f -_ ~. :: forever.
'--"" '--: "" - IN WIT~$S ~E~F, the said First Party has signed an~
""' ' ' ""' "':]'} sealed these Presents, the day aria year first a~ve ~itten.
' ?~ "-' ~ '. ': '."l: '-C~i" :]) ' ' '
"=- :- '~ "" ..... "" : '! DO~IC D'A~STINO, FIRIO
GENE~ PARTNE~HIP
-. _.,.. .. _.=.-". .,:
-. ~..- .... :L.<--i.'.~:
""" ' "' Witness' ~ ' Domenit D'Agostin~, ~neral
- - -..-:--. . · ' ." '-. '> ': ~ Partner, with authority
· . . . to bind the partnership
Witness
"' ' ~CZum~tOq' Slomp T~
· . Lolhc~ Counq', Flor~do
": A~E~A I
""' ' ~ AVATAR
EXHIBIT 8
UTILTIT EASEr'Z_MI'
- .*' An easement for utility-lines 30-feet in width, beinq 15 feet 'equally on e~ch
side of the center line thereof, more particularly described as follows:
' Said line c~naencirm at the NortheaSt Corner of ·Tract B of Unit 1 of
· .L Golden Gate Subdivision, recorded in Plat Root 5, at Paqe 61 of the
" Public Records of Collier County, Florida, and thence runnino l~est
, ... 88,15 feet to the POint of Beqinninq and the center line of the
' ' 'I easement herein described; thence run South 0° 02' 44' East for a
· distance of 1029.80 feet to a ooint; said point heihq the Southerly- c:~
" temination of the easement herein described. '
'L
" UTILITY EASEMENT
- An easement for utility lines located in Tract A of Golden Gate Unit 8, Part 2,
".; ..-". -" · '- accordinq to the~lat thereof, recorded in Plat Book 9 at Paae 11] of the Public
Records of Collier County, Florida more particularly described as follows:
-' -': A strip of land 30 feet in width, hein4 15 feet eaually on each side of
· , ': ' ' the center line thereof, and such easement commencinq at the SoutheaSt
corner of Lot 14, Block 281 of said Unit ~, Part 2 of Golden Gate
...- Subdivision; and thence runninq Sonth A(* 19' 21° East alnrm sai~
easement center line for a distance of 34~,51 feet to the pnint of
.. Easterly termination of said 30 foot easement heretofore described-
.. .-...'- .-..~
Feb-03-99 09:53A FLORIDA CITIES GG 941 455 5626 P.02
FLORIDA CITW S
WATER COMPANY
February 3, 1999
collier County
Office of Growth Management
2800 N Horseshoe Dr
Naples FL 34104
RE: Block(s) ~ , Lot(s) Unavailable, Golden Gate
Project Description W~!greens
TO WHOM IT MAY CONCERN;
In response to your request, please be advised that the above
described property is in Florida Cities Water Companies
certificated area.
At this time Florida Cities Water Company has adequate Water and
Wastewater Treatment and distribution/collection facilities to
provide service for the above described project.
The Company will guarantee service only upon its receipt of a
signed Request for Service and/or Executed Service Agreement,
appropriate fees and charges, and the approval of all State and
Local Regularcry Agencies.
Any extensions required must be installed at the
Developer/Contractor's expense, including all engineering cost,
etc.. All construction must be to Company Specifications.
If you have any questions, please feel free to contact this office.
Sincerely,
FLORIDA CITIES WATER COMPANY
Marry Doss
Customer Service
,I VAUN!fd a l YO NITN~
~, ....
Q GRADY MINOR 941 947 0375 05/04 '99 11:59 N0.565 02/03
Michael J. Delate
574 100th Ave. N. :
Naples, FL 34108
ph. # 592-9834 "
May 4, 1999
Mr, Charam Badamtchiau
ColHer County Project Plan Keview
2800 N. Horseshoe Drive
Naples, Florida 34104
Re: Walgreens-Golden Gate City
Rezone R-99-3
Dear My. Badamtchian:
This letter is to express my opposition to the proposed rezoning of the parcel offand located at the
soutbw~st comer of Golden Gate Parkway and CK 951 from GC to C-t zoning. 'I do not' live in that
area now but have several relatives there and am expressing their opinion on the re, zoning. I realiT,~
that under the county' s Growth Management Plan that this parcel is eligible to be rezoned to the
proposext designation, but since the time the Golden Gate Master Plan was developed and now, tb.e
Golden Gate area has changed rather significan~y. That is, the volume of traffic passing the site has
increased tremendously making access to the sile di_~.cult, and the Golden Gate area's appearance
is increasingly beix~g upgraded through landscaping and other improvements mah'ng commercial
zoning on this comer a change in that direction.
As you are aware, the Golden Gate Parkway/CR 951 uaftic counts are increasing substantially each
year. I do not believe that placing an intense commercial use at that intersection is appropriate,
especially with its proximity to the bridge to 251h Ave SW on CR 951.. As I understand i.t, the Site is
proposed to be used for a Walgreen's (or a similar use). The proposed ingress/egress points are
located on CR 951. and Golden Gate Parkway. A proposed emrance on. Golden Gate Parkway would
l~ely utilize au existing median cut that is used by the Ace Hardware shopping center. This median
is very close to the intersection of CR 951, an.d, ifused by the proposed Walgreen's, would result in
extreme congestion. at the comer with cars attempting to cross Golden Gate Parkway. As well, an
entnmce on CK 951 will likely be located at the exi~lg driveway connection to the Quality Inn. This
driveway is currently striped as a right-in/right-out only; however, drivers cut a,cross the striping to
use the median opening on CR 95 I. This median opening is already congested and more tra~c will
exacerbate the problem. N~,~Af~T~
-. /
MAY 2 5 1929
Q GRADY MINOR 941 947 0375 05/04 '99 11:59 N0,565 03/03
Mr. Charam. Badamtchi.an
May 4, 1999
Page 2
The Golden. Gate area is taking great steps to ixnprove its appearance. Granted, the corner
that appealing to the eye at this t~e, but a Walgreen's or other sirnilarluse w~3/not be an
improvement. The buildings are rather large and require copious parking. ~he existjng land use
allows for recreational uses that are more appropriate for the c, omer under the ~t~'urnstan~es. A C-3
zoning is not appropriate.
Please provide a copy of my letter to the Planning Commissioners and Cou~.'ty Corambsioners.
Thank you for your assistan.ce with this matter.
Sincerely, "
Michael I. Delate, P.E.
EXECUTIVE SUMMARY
TO CONSIDER ENACTMENT OF A PROPOSED ORDINANCE , MANDATED
BY FLORIDA STATUTE, TO ESTABLISH MAXIMUM RATES FOR TOWING
AND STORAGE OF VEHICLES IN CASES WHERE THE RESPECTIVE
TOWING AND STORAGE HAS NOT BEEN CONSENTED TO BY AN OWNER
OF THE VEHICLE OR BY ANY OTHER AUTtlORIZED PERSON
OBJECTIVE; That the Board of County Commissioners consider enactment into law
the enclosed ordinance to thereby establish its own maximum rates (fees) for towing and
storage of vehicles in each case where such towing (or storage) has not been consented to
by an owner of the vehicle or by some other "authorized person."
CONSIDERATION: On April 27, 1999, the Board of County Commissioners
authorized the County Attorney to publish "notice" of this public hearing. Effective
October 1, 1998, the Florida Legislature enacted Chapter 98-324 Laws of Florida that
requires every Florida county enact into law its own ordinance to establish its own
established maximum vehicle towing and storage rates. Two successive drafts of this
ordinance were mailed for comments to all vehicle towing companies occupationally
licensed in Collier County. The ordinance has been drafted with excellent coordination
of the vehicle towing companies and with the Sheriff's Legal Counsel. The ordinance is
not controversial.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consider enactment
into law the enclosed ordinance to thereby establish maximum rates (fees) for towing and
directly related storage of vehicles in every case where such towing has not been
consented to by an owner of the vehicle or by some other "authorized person." This
ordinance, or a very substantially similar ordinance, must be enacted into law as required
by Chapter 98-324, Laws of Florida. The enclosed proposed ordinance does not require
more than is mandated by Chapter 98-324, Laws of Florida.
PREPARED BY: 1 UvvX Date: °Z~"'~'CL~- q ~
Thomas C. Palmer
Assistant County Attorney
Date: ,5"' IZ-qq
APPROVED BY: "~aavid C. Weigei" '
County Attorney AGENDA ITEM
NO. .G(
MAY 2 5 1999
pg.
ORDINANCE NO. 99 -
3 AN ORDINANCE OF COLLIER COUNTY, FLORIDA,
4 ESTABLISHING MAXIMUM TOWING FEES FOR
5 NON-CONSENT TOWING AND DIRECTLY RELATED
6 NON-CONSENT STORAGE OF TOWED VEIIICLES;
7 PROVIDING FOR CONFLICT AND SEVERABILITY;
8 PROVIDING FOR INCLUSION INTO TttE CODE OF
9 LAWS AND ORDINANCES; PROVIDING A SPECIAL
1o EFFECTIVE DATE.
11
12 WtlEREAS, effective October 1, 1998, the Florida Legislature
13 enacted Chapter 98-324, Laws of Florida, a law of general application that
14 added a new paragraph (c) to subsection (1) of Section 125.0103, Florida
15 Statutes, and added a new paragraph (c) to subsection (1) of Section
16 166.043, Florida Statutes. Both of those new paragraphs read: "Counties
17 Inust establish maximum fees which may be charged on the towing of
18 vehicles froln or inunobilization of vehicles on private property, removal and
19 storage of wrecked or disabled vehicles, in the event the owner or operator
2o is incapacitated, unavailable, leaves the procurement of wrecker service to
21 the law enforcement officer at the scene, or otherwise does not consent to
22 the removal of the vehicle"; and
23
24 WIIEREAS, Collier County operates a Wrecker Operator System as
25 defined in subsection (15) of Section 1.0 I, Florida Statutes.
26
27 NOW, TItEREFORE, BE IT ORDAINED BY THE BOARD OF
28 COUNTY CO1MMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
29
3o SECTION ONE: TITLE.
31
32 This Ordinance is entitled the "Collier County Maximum Fees for Non-
33 Consent Towing and Storage of Vehicles Ordinance."
34
35 SECTION TWO: DEFINITIONS.
36
37 In case of ambiguity, subsection 1.01(15), Florida Statutes, can be referred
38 to construe the intent of this Ordinance. As used in this Ordinance, the respective
39 word or phrase means:
40
41 "accident scene" means the place where the vehicle is located
42 immediately following an accident that damaged that vehicle.
43
44 "Authorized Person" means any individual who at the ti~ne a decision to
45 select a Towing Company is made, has lawful, actual or constructive physical
46 possession or custody of that vehicle, including, prioritized in this descending
47 order: owner or co-owner of the vehicle, operator of the vehicle, bailee of the
48 vehicle, or passenger who is then sixteen (16) years of age or older.
49
50 "authorized wrecker operator" means a wrecker operator who is then
I--- I¢ 51 designated as part of the wrecker operator system established by the
52 govermnental unit that then has jurisdiction over the scene Of a wrecked or
MAY 2 5 1999
pg.
I disabled vehicle (including, when applicable, the Division of Florida Highway
2 Patrol), and the respective towing is authorized by a law enforcement officer.
3
4 "disabled" means a vehicle that cannot be moved by its own power
5 because the physical condition of the towed vehicle (including from non-use),
6 lack of fuel, or because such movement, except by being towed, would violate a
7 law or a private rule.
8
9 "incapacitated" means each person who is then physically or legally
10 unable to drive the towed vehicle at that time because of that person's physical
11 condition, including sickness, injury, being under the influence of alcohol or
12 controlled substance, being under arrest, being detained, revocation or suspension
13 of that person's vehicle operator's license or permit, or otherwise.
14
15 "law" means applicable ordinance, Florida Statute, statute of the United
16 States, special act, or any applicable lawful and applicable rule or regulation
17 enacted, promulgated, or adopted by any govemmental entity or any agency or
18 subdivision thereof.
19
2o "law enforcement officer" means every officer (full or part-time) as then
21 defined by federal law; or by Flonda Statute, including subsection 112.531(1),
22 any subsection of 3 16. 1906(1 )(d)(l) - (3) inclusive; or subsection 943.10(1), (6)
23 or (8).
24
25 "non-consent towing" means each instance of vehicle towing when no
26 Authorized Person consents to towing that vehicle from that place on that
27 occasion.
28
29 "private property" means all tangible property not owned by, leased to,
3o or similarly controlled by a govemmental entity, including private roads.
31
32 "private rule" means restrictive covenant, deed restriction, parking ticket
33 restriction, and any other private rule or regulation that prohibits that type of
34 vehicle from being at or on that private property at that time, and towing that
35 vehicle frown that property is then allowed by law.
36
37 "road" means alley, court, drive, driveway, highway, interstate highway,
38 lane, parking lot, street, or any other substantially similar place, public or private.
39
4o "scene" means a physical location from where a vehicle is towed following
41 response thereto by a law enforcement officer, including with regard to an
42 impotmded vehicle or an abandoned vehicle.
43
44 "storage" means retaining actual physical possession of a vehicle at a
45 private storage facility anywhere in Florida, for a consideration, including storage
46 at such a private storage facility by or on behalf of a governmental entity or
47 .agency or any subdivision thereof.
48
49 "towing" means, for consideration, transporting a vehicle by a means other
5o than by the towed vehicle' s power source, usually by pulling the vehicle behind a
51 truck or transporting the towed vehicle on a truck bed or other substantiall,
2 MAY 2 5 1999
3
I
2 "towing company" means each private parh~ership, corporation or other
3 privately owned business entity, including sole proprietor, then engaged in towing
4 vehicles for consideration, with or without its own storage facility, including each
5 such authorized wrecker operator, but excluding governmental entities.
6
7 "unavailable" means that no Authorized Person is physically present at
8 the scene; or is present, but is incapacitated. When no scene is involved, an
9 Authorized Person is unavailable if he or she cannot readily be contacted to be
10 asked to decide which towing company can tow that vehicle on that occasion.
11
12 "vehicle" means a machine or other substantially similar thing designed or
13 used to transport one (1) or more persons and/or property over road or land, and
14 that has two (2) or more wheels, and is propelled by its own engine, motor, or
15 pulling animal(s). Vehicle includes car, truck, trailer, semi-trailer, motorcycle,
16 motor scooter, moped, bus, van, recreational vehicle, all-terrain vehicle, golf cart,
17 animal-drawn vehicle, and every other substantially similar means of wheeled
18 transportation. Aircraft and vessels, including vessels as defined in subsection
19 327.02(36), Florida Statutes, are not vehicles.
20
21 "wrecked" means a vehicle that cannot be driven away from its location
22 because of the physical condition of that vehicle, including from non-use.
23
24 SECTION THREE: APPLICATION OF ORDINANCE.
25
26 This Ordinance applies to all geographical areas in Collier County to the
"' 27 greatest extent now or hereafter authorized by law. This Ordinance does not
28 authorize towing. This Ordinance does not grant access to any property. This
29 Ordinance applies only to towing rates and storage rates for non-consent towing
30 and non-consent storage; and towing of abandoned vehicles.
31
32 A. These ~naximum towing rates and storage rates shall not apply:
33
34 I. To such rates as agreed to by any Authorized Person;
35
36 2. To such rates then agreed to by the towing company by
37 written agreement as authorized or required by law that supersedes this
38 Ordinance;
39
4o 3. To such fees or rates then established in accordance with a
41 written agreement between the towing company and the Sheriff's Agency
42 or any other governmental entity, or between the towing company and any
43 interstate entity whose authorized activities include towing vehicles owned
44 by others, such as, for example, the Ainerican Automobile Association;
45
46 4. When every available Authorized Person expressly or by
47 default delegates the procurement and selection of the authorized wrecker
48 operator to a law enforcement officer who is at the accident scene;
49
5o 5. If the vehicle is towed without delay in route to a destination
-'- 51 outside of Florida. Storage in Florida is delay.
52 AGENDA ITEM
NO. . t ZC
3
HAY 2 5 1999
pg.
I 6. If the towing company is not then required to have an
2 occupational license in incorporated or unincorporated Collier County to
3 conduct that towing business or that vehicle storage business; or
4
5 7. To rates established prior to the effective date of this
6 Ordinance by written agreement entered into by the towing company prior
7 to the effective date of this Ordinance.
8
9 B. Abandoned Vehicles. This Ordinance imputes consent to tow
10 the abandoned vehicle whenever an owner or co-owner, personally or
11 through a representative, parks or leaves an abandoned vehicle at any place
12 except on property lawfully made available for that parking or storage
13 (e.g., properly zoned junk yard).
14
15 SECTION FOUR: MAXIMUM RATES FOR TOWING.
16
17 Limited to the specific towing operation and/or storage: this Ordinance
Is does not limit pass-thi'ough of any additional towing and/or storage related fees or
19 charges required or authorized by law which then supercedes this Ordinance.
2o This Ordinance does not limit pass-through of any fee or charge incurred or
21 actually paid by the towing company for service(s) from the Sheriff's Agency
22 and/or any other governmental entity, or from sole proprietor(s) or private
23 entities, provided those services, in the reasonable judgment of the towing
24 company, were necessary to lawfully and safely tow that vehicle on that occasion,
25 and continuing until the vehicle is either stored at its first slorage destination or is
26 lawfully transferred into actual or constructive custody of another person or
27 entity. Also, limited to the specific towing operation and/or storage, this
28 Ordinance does not affect any then existing rights of the towing company to
29 recover from any person or entity all costs actually paid by the towing company
3o for filing any fonn(s), taking any legal action(s), and/or any other substantially
31 si~nilar costs.
32
33 The maximum towing rates are:
34
35 I. CLASS A WRECKERS:
36
37 BASE RATE: $90.00
3S MILEAGE RATE: $1.00 FOR EACH HALF-MILE.
39 HOURLY RATE: $16.00 FOR EACH QUARTER HOUR.
AGENDA I M
MAY 2 5 1999
pg._ ,5' _
1
2 II. CLASS B WRECKERS:
3
4 BASE RATE: $125.00
S MILEAGE RATE: $1.50 FOR EACH HALF-MILE.
6 HOURLY RATE: $21.00 FOR EACH QUARTER HOUR.
7
8 III. CLASS C WRECKER:
9
1o BASE RATE: $185.00
11 MILEAGE RATE: $2.25 FOR EACH HALF-MILE.
|2 HOURLY RATE: $32.00 FOR EACH QUARTER HOUR.
13
14 IV. HEAVY FOUR WHEEL DRIVE WRECKER:
15
16 BASE RATE: $225.00
17 MILEAGE RATE: $2.75 FOR EACH HALF-MILE.
18 HOURLY RATE: $38.50 FOR EACH QUARTER HOUR.
19
2o V. LANDOLL TRAILER: (ROLL BACK OR DROP BACK TRAILER OR TRUCK)
21
22 BASE RATE: $150.00
23 MILEAGE RATE: $2.50 FOR EACH HALF-MILE.
24 HOURLY RATE: $35.00 FOR EACH QUARTER HOUR.
25
26 V!. SEPARATE CHARGES APPLICABLE TO ALL CLASSES OF
'0"' 27 WRECKERS:
28
29 REMOVE DRIVE SHAFT OR AXLE, REMOVE BUMPER OR AIR
30 FOILS, AIR HOOK-UP, SCUBA OR OTHER DIVING SERVICES,
31 AND/OR OTHER REQUIRED SPECIAL SERVICES: THE CHARGE IS
32 THE ACTUAL TIME WORKED ON THE TOWING OPERATION
33 MULTIPLIED BY THE TOWING COMPANY'S THEN APPLICABLE
34 HOURLY RATE. AIR BAGS: $2,000.00 (INCLUSIVE OF THE
35 HOURLY RATES). EXTRA PERSONPOWER: $10.00 PER LABORER
36 FOR EACH QUARTER-HOUR.
37
3g SECTION FIVE: MAXIMUM STORAGE RATES.
39
40 These rates apply to storage of each vehicle towed for storage by the non-
41 consent towing described in this Ordinance, provided the storage location is in
42 Florida (intrastate commerce). The limitations listed in Section Four, above,
43 apply equally to storage rates. Vehicle storage rates that are subject to this
44 Ordinance shall be "free of charge" until the vehicle has been stored at a storage
45 facility for six (6) hours. After six (6) hours at that storage facility, based on a
46 twenty-four (24) hour day commencing at 12:01 a.m., the maximum storage rates
47 are:
48
49 A. INSIDE STORAGE - (Entirely within a closed building): Thirty-
50 two dollars ($32.00) per day or fraction of a day.
No,_
b4AY 2 5 1999
pg.
I B. OUTSIDE STORAGE: Thirty dollars ($30.00) per day or fraction of
2 a day.
3
4 SECTION SIX: PENALTIES AND ENFORCEMENT.
5
6 A. Each violation of this Ordinance shall be subject to the ~naxi~num
7 fine and/or other penalties as then specified in the law under which that
8 enforcement action is based, including Section 125.69, Florida Statutes; Part II
9 of Chapter 162, Florida Statutes; as if a misdemeanor under Section 775.0823,
I0 Florida Statutes; or pursuant to any other provisions of law incorporated by
11 reference into Section 1-6 of Collier County's Code of Laws and Ordinances on
12 the date of the violation.
13
14 B. Notwithstanding imposition of any other penalty or penalties by the
15 County or by any other entity, three (3) or more separate incident intentional
16 violations co~mnitted by the same towing company within any tlu'ee hundred and
17 sixty (360) day time period is per se sufficient basis for forfeiture of that towing
18 company's and/or storage company's Collier County occupational license
19 applicable to the occupationally licensed location, where, or out of which, the
2o respective intentional violations occurred. No violation of this Ordinance shall
21 subject any individual to incarceration.
22
23 SECTION SEVEN: CONFLICT AND SEVERABILITY.
24
25 In the event this Ordinance conflicts with any other ordinance of Collier
26 County or other applicable law, the more restrictive shall apply. If any plu'ase or
27 portion of this Ordinance is held invalid or unconstitutional by any court of
28 co~npetent jurisdiction, such portion shall be deemed a separate, distinct and
29 independent provision and shall not effect the validity of the remaining portion.
30
31 SECIIONEIGIIT: INCLUSION IN THE CODE OF LAWS AND
32 ORDINANCES.
33
34 The provisions of this Ordinance shall become and be made a part of the
35 Code of Laws and Ordinances of Collier County, Florida. The sections of this
36 Ordinance may be renumbered or relenered to accomplish such, and the word
37 "ordinance" may be changed to "section", "article", or any other appropriate
38 word.
39
4o SECTION NINE: EFFECTIVE DATE - SPECIAL.
41
42 This Ordinance shall becotne effective at ~nidnight on Thursday, July, 1,
43 1999, subject to the County's receipt of this Ordinance back from the Florida
44 Department of State.
45
46 PASSED AND DULY ADOPTED by the Board of County Commissioners of
47 Collier County, Florida, this __ day of ., 1999.
6 MAY 2 5 1999
|
2 ATTEST: BOARD OF COUNTY COMMISSIONERS
3 OF COLLIER COUNTY, FLORIDA
4 DWIGHT E. BROCK, Clerk
5
6
7 By: By:
s Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
9
10
11 Approved as to form and
12 legal sufficiency:
13
15 ~ Oa,.,, _:
16 Thomas C. Palmen
17 Assistant County Attorney
I 8 h:lcp/Ord.99//vchicle lowing ordinance
AGENDA ~
NO. ~zC
? MAY 2 5 1999
pg.
EXECUTIVE SUMMARY
APPROVE AN ORDINANCE RELATING TO PARK AND RECREATIONAL FACILITY IMPACT
FEES.
Objective: That the Board of County Commissioners approve a new park and recreational facility impact
fee ordinance that is comprised of the impact fee study update calculations by the Henderson, Young &
Company and the Board's direction to staff.
Consideration: On February 9, 1999, the Board directed staff to pursue the impact fee study update option that
collects impact fees based on updated facility and land values, but excludes the collection of fees for beach-
related growth amenities. At the same time, the Board also directed staff to investigate an alternative option to
utilize Tourist Development (TDC) revenues to fund beach-related growth opportunities. As a result of the
Board's direction, two (2) ordinances have been prepared for the Board's consideration
OPTION # 1
The first ordinance (optionl) incorporates the facility and amenity updates as conceptually approved by the
Board but excludes beach-related amenities such as beach park land, beach-parking_land, and associated on-
site facilities. The adoption of this ordinance would prevent the County from utilizing any impact fees for beach
related growth amenities.
OPTION #2
The second ordinance (option 2) is calculated based on the inclusion of beach-related amenities and the updated
facility and land values as conceptually approved by the Board. The value of this option is the flexibility.. It
allows the Board to utilize either TDC funds or impact fees to fund beach parking projects. The drawback of
this option is the higher impact fee rates due to the incorporation of beach-related growth costs. Below is a
summary of the fee comparisons and the potential revenues in FY 99-00. The current fee has been included as a
reference.
Current Ordinance #1 Ordinance #2
::Fee t Revenue Fee / Revenue -Fee I Revenue
$1:79 $750~000 $i76 $737 500 :S2S0 $1,047,500
$6182: $1,500~000 $736:':::$2;10!,500 .: :$821 $2,146,500
$2;250~ 000' !$2,839,000 $3;I 94,000
$589,000 $944,000
UTILIZATION OF TOURIST DEVELOPMENT FUNDING
On April 27, 1999, the Board adopted a Tourist DeVelopment Ordinance amendment that opened the door for
the Parks and Recreation Department to submit beach-related project applications to compete with other
departments' and other agency projects for the limited funding.
The primary challenge with the TDC fund is the limited funding. In December, a one-cent tax is scheduled to
sunset. This will reduce the available funding by approximatelyl/3. Coupled with the recent modification that
allows more projects to compete for these funds, there is a concern that beach parking projects will not be
properly addressed. If the County adopts the first ordinance and beach parking projects are not determined to be
a priority of the TDC funds, the beach parking deficit will continue to grow along with the population. In fiscal
t Includes Marco Island, City of Naples and Everglades City. l
2 Combines current regional and commtmity park impact fees. NA°g'e~
HAY 2 5 1999
terms, the County will lose the estimated $355,000 of additional revenue from option #2. This dollar figure
constitutes approximately 6% of the annual TDC revenues that includes the one penny tax that is scheduled to
sunset, or 9% of the annual TDC revenues minus the one cent tax3
ADVISORY BOARD RECOMMENDATIONS
In an effort to incorporate many views, both options have been presented to various advisory committees. Below
is the recommendation from each committee board
Committee / Board Recommendation
Collier County Planning Commission Ordinance # 1
Developmental Services Advisory Committee Ordinance # 1
Environmental Advisory Board No Recommendation - N/A
Parks and Recreation Advisory Board Ordinance #2
The concept was also presented before the Tourist Development Council. Staff requested $620,000 from the
Tourist Develop Council on April 19, 1999 for a beach related project related to growth4. The TDC approved
the project with the stipulation that Board maintains the one-penny tax that is scheduled to sunset in December.
Growth Management: One of these options will determine the Level of Service standards and future growth
related projects for the Management Plan.
Fiscal Impact: Over the course of a fiscal year, the adoption of Ordinance # 1 will result in an estimated
$589,000 increase. The adoption of ordinance #2 will result in an estimated $944,000 increase. For the
remainder of Fiscal Year 98-99 (June 1-Sept 30, 1999) the impact fee revenue would increase $196,000 with the
adoption of ordinance # 1 and $315,000 if ordinance ~/2 is adopteds.
Recommendation: The adoption of ordinance # 1 or #2, and the subsequent decision to utilize TDC funding is a
policy decision of the Board. It is matter of whether tourism or growth revenues from impact fees should support
beach-related amenities. Staff recommends option #2 to adopt an ordinance that will allow the Count>., to collect
park impact fees that incorporate beach growth amenities into the calculation. Both ordinances have been legally
advertised for public hearing.
Prepared by: 'J~ohn Dunnuck, Operations Coordinator Department of Parks and Recreation
" i
reation
Review ~d 1
Approved by: (~.~~ Date:
Based on the $5,930,000 adopted revenue from FY99.
At that time presentation was based on the Board' s approval of the TDC Ordinance change.
Option I
ORDINANCE NO. 99-
PARES AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARES AND
RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS~ ADOPTING
A CERTAIN IMPACT FEE STUDY~ INCORPORATING BY REFERENCE
THE COMPREHENSIVE PLA/q? PROVIDING FOR THE IMPOSITION OF
PARK IMPACT FEES ON ALL PARKS AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTYS
DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION~ PROVIDING FOR THE PAYMENT AND
COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF
PARK IMPACT FEES COLLECTED~ PROVIDING AN ALTERNATIVE
METHOD OF CALCULATION OF PARK IMPACT FEES~ PROVIDING FOR
EXEMPTIONS IN CONNECTION WITH PARK IMPACT FEES~ PROVIDING
FOR CHANGES IN SIZE AND USE OF A BUILDING OR DWELLING
UNIT~ PROVIDING FOR VESTED RIGHTS~ PROVIDING FOR
AFFORDABLE HOUSING WAIVER AND DEFERP, ALS~ PROVIDING AN
ALTERNATIVE COLLECTION METHOD FOR THE PARK IMPACT FEE~
PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTIONt
PROVIDING FOR REVIEW HEARINGS~ REQUIRING REVIEW EVERY
THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT~ PROVIDING FOR REPEAL OF COUNTY ORDINANCE
NO. 88-96, AS AMENDED; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR SZVERABiLITYi
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
ARTICLE I
GENERAL
Section 1.01. Definitions.
When used in this Ordinance, the following terms shall have
the following meanings, unless the con=ext clearly indicates
otherwise:
· Accessory Building or Structure. shall mean a detached,
subordinate structure, the use of which is clearly indicated and
related to the use of the principal Building or use of the land
and which is located on the same lot as the principal Building.
"Affordable Housing. shall mean a Dwelling Unit which is
offered for sale or rent for an amount ~?hj. cn is within the
standards set forth and established in Appendix B of this
Ordinance.
.Alternative Park Impact Fee Study" shall mean a study
pursuant to Sections 2.05. MAY 2 5 1999
Pg.--~-----..-
.-- "Apartment" means a rental Dwelling Unit located within the
same Building as other Dwelling Units.
.Applicant" shall mean the Person who applies for a Building
Permit.
"Board" shall mean the Board of County Commissioners of
Collier County, Florida.
.Building" shall mean any structure, either temporary or
permanent, built for the support, shelter or enclosure of
Persons, chattels or property of any kind. This term shall
include tents, trailers, mobile homes or any vehicles serving in
any way the function of a Building. This term shall not include
temporary construction sheds or trailers erected to assist in
construction and maintained during the term of a Building Permit.
.Building Permit" shall mean an official document or
certificate issued by the authority having jurisdiction,
authorizing the construction or siting of any Building. For
purposes of this Ordinance, the term "Building Permit" shall also
include tie-down permits for those structures or Buildings, such
as a mobile home, that do not require a Building Permit in order
to be occupied.
"Community Park. shall mean a Countywide network of parks and
recreational facilities which serve the residents of the
unincorporated area of Collier County.
.Comprehensive Plan" shall mean the comp~ehe~l~ive plan of the
County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act.
.Condominiu3n" means a single-family or time-sharing ownership
unit that has at least one other similar unit within the same
building structure. The term Condominium includes all fee simple
or titled multi-unit structures, including townhouses and
duplexes.
"County" shall mean Collier County, a political subdivision
of the State of Florida.
--- .County Attorney. shall mean the person appointed by the
Board of County Commissioners to serve as its counsel, or the
designee of such Person.
.County Manager. shall mean the chief administrative officer
of the County, appointed by the Board of County Commissioners, or
the designee of such Person.
· County Park System" or "Park System" shall include all
Community Parks and Regional Parks operated by the County.
.Dwelling Unit. shall mean a Building or portion of a
Building designed for or whose primary purpose is for residential
occupancy, and which consists of one or more rooms which are
arranged, designed or used as living quarters for one or more
persons.
"Encumbered" shall mean monies committed by contract or
purchase order in a manner that obligates the County to expend
the encumbered amount upon delivery of goods, the rendering of
services or the conveyance of real property provided by a vendor,
supplier, contractor or Owner.
.Impact Fee Study" shall mean the study adopted pursuant to
Section 1.04, as amended and supplemented pursuant to Section
3.08.
"Local Government Comprehensive Planning and Land Development
Regulation Act" means the provisions of Part II, Chapter 163,
Florida Statutes (1999), as amended or supplemented, or its
successor in function. -
"Mobile Home" means manufactured homes, trailers, campers or
recreational vehicles.
.Owner. shall mean the Person holding legal title to the real
property upon which Parks and Recreational Facilities Impact
Construction is to occur.
"Park Impact Fee" or .Impact Fee" shall mean the fee imposed
by the County pursuant to Section 2.01 or, if applicable, the
Alternative Park Impact Fee.
"Parks and Recreation Director" shall mean the Person
appointed by the Board or the County Manager to supervise the
administration, operation and acquisition of the County Park
System, or the designee of such Person.
.Parks and Recreational Facilities Impact Construction" shall
mean land development construction designed or intended to permit ' Agen~
more Dwelling Units than the existing use of land.
3 ·
.Person" shall mean an individual, a corporation, a
partnership, an incorporated association, or any other similar
entity.
.Regional Park" shall mean County parks and recreational
facilities designed to serve all residents of the County
including residents of the municipalities.
.Residential" means Apartments, Condominiums, Mobile Homes,
~ingle-Family Detached Houses or Assisted Living Facilities, as
that term is defined in Section 400.402, Florida Statutes.
.Single-Family Detached House" means a home on an individual
lot.
Section 1.02. Rules of Construction. For the purposes of
administration and enforcement of this Ordinance, unless
otherwise stated in this Ordinance, the following rules of
construction shall apply:
A. In case of any difference of meaning or implication
between the text of this Ordinance and any caption, iljustration,
summary table, or iljustrative table, the text shall control.
B. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
C. Words used in the present tense shall include the
future; words used in the singular shall include the plural and
the plural the singular, unless the context clearly indicates the ........
contrary; and use of the masculine gender shall include the
feminine gender.
D. The phrase "used for" includes "arranged for," "designed
for," "maintained for," or "occupied for."
E~ Unless the context clearly indicated the contrary, where
a regulation involves two or more items, conditions, provisions,
or events connected by the conjunction "and," "or" or
"either...or", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply singly or in any
combination.
MAY 2 5 lggS
3. "Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly but not
in combination.
F. The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning to all
other instances or circumstances or like kind or character.
Section 1.03. Findings. It is hereby ascertained, determined
and declared:
A. Future growth represented by Parks and Recreational
Facilities Impact Construction should contribute its fair share
to the cost of improvements and additions to the County Park
System that are required to accommodate the use of such parks and
recreational facilities by such growth.
B. Implementation of the Impact Fee to require future Parks
and Recreational Facilities Impact Construction to contribute its
fair share of the cost of improvements and additions to the
County Park System is an integral and vital element of the
regulatory plan of growth management incorporated in the
Comprehensive Plan.
C. The standard of service for the County Park System, as
'determined in the Impact Fee Study, is hereby approved and
adopted by the County.
D. Capital planning is an evolving process and the standard
of service for the County Park System constitutes a projection of
anticipated need for parks and recreational facilities, based
upon present knowledge and judgment. Therefore, in recognition
of changing growth patterns and the dynamic nature of population
growth, it is the intent of the Board that the standard of
service for the County Park System and the Impact Fee imposed be
reviewed and adjusted periodically, pursuant to Section 3.08, to
insure that the Park Impact Fees are imposed equitably and
lawfully, based upon actual and anticipated growth at the time of
their imposition.
E. The imposition of the Park Impact Fee is to provide a
source of revenue to fund the construction or improvement of the
County Park System necessitated by growth as delineated in the
capital improvement element of the Comprehensive Plan.
F. The Board specifically finds that Regional Parks benefit
all residents of the County and, therefore, the Regional Parks
component of the Park Impact Fee shall be imposed in all areas of
the County, including both the unincorporated area and within
municipal boundaries.
G. The Community Parks within the County Park System
provide a real and substantial benefit to all residents of the
County, including those within the municipalities. In
recognition of the recreational facilities and activities which
are provided by the municipalities and which parallel the
Community Parks within the County Park System, the Community Park
component of the Park impact Fee shall not be imposed within
municipal boundaries.
H. The Board specifically finds that Community Parks within
the County benefit all residents of the unincorporated area of
the County because the County provides an interrelated network of
Community Park programs and facilities which operate as a County-
wide resource.
I. This Ordinance shall not be construed to permit the
collection of Impact Fees from Parks and Recreational Facilities
Impact Construction in excess of the amount reasonably
anticipated to offset the demand on the County Park System
generated by the Parks and Recreational Facilities Impact
Construction occurring subsequent to the effective date of this
Ordinance.
J. All improvements and additions to the County Park System
needed to eliminate any deficiency between the existing Parks
System and the standard of service as adopted in the
Comprehensive Plan, shall be funded by revenues other than Impact
Fees. Therefore, the revenue derived from the Impact Fee shall
be utilized only for the acquisition of improvements and
additions to the County Park System which are necessitated by
Parks and Recreational Facilities Impact Construction occurring
subsequent to the effective date of this Ordinance.
MAY 2 5 999
K. It is hereby declared to be th~ polic3' ef the Board that
the improvements and additions to the County Park System,
required to accommodate future growth, shall be funded entirely
by the revenue derived from the Park Impact Fee. Therefore, no
credit shall be given for any tax revenue sources which may have
been utilized in prior years for the funding of Park System
improvements or additions. In the event that this policy is
altered by the subsequent action of the Board, or if additional
revenue is received and committed for growth necessitated
improvements and additions of the County Park System, the Impact
Fee shall be adjusted at the periodic review required pursuant to
Section 3.08 and credit shall be given for any tax revenue which
has been utilized for growth required improvements and additions
to the County Park System.
Section 1.04. Adoption of Impact Fee Study and Comprehensive
Plan. The Board hereby adopts and incorporates by reference the
study entitled "Rate Study for Impact Fees for Parks and
Recreational Facilities for Collier County, Florida," dated March
18, t999 and any amendments, updates or supplements thereto
particularly the assumptions, conclusions and findings in such
study and its amendments as to the determination of anticipated
costs of additions to the County Park System required to
accommodate growth. The Board further incorporates by reference
the Comprehensive Plan and any amendments thereto as it relates
to the improvements and additions to the County Park System.
ARTICLE II
PARK IMPACT FEE
Section 2.01. Imposition.
A. All Parks and Recreational Facilities Impact
Construction within the County, both within the unincorporated
areas and within the boundaries of all municipalities, shall pay
the Park Impact Fee as set forth and established in Appendix A.
B. The Park Impact Fee shall be paid in addition to' all
other fees, charges and assessments due for the issuance of a
building permit and is intended to provide funds only for growth
necessitated improvements and additions to the County Park System
within the County.
7
Section 2.02. Payment.
"' A. Except as otherwise provided in this Ordinance, prior to
the issuance of a Building Permit for a Parks and Recreational
Facilities Impact Construction, an Applicant shall pay the Park
Impact Fee as set forth in Section 2.01.
B. If the Parks and Recreational Facilities Impact
Construction is located within the unincorporated area of the
County, the Park Impact Fee shall be paid directly to the County.
C. If the Parks and Recreational Facilities Impact
Construction is located within a municipality, the Park Impact
Fee shall be paid as follows:
!. If the municipality has entered into an interlocal
agreement with the County providing for the collection of the
Park Impact Fee, such Impact Fees shall be paid and collected
in accordance with the provisions of the interlocal
agreement.
2. If the municipality has not entered into an
.-- interlocal agreement with the County providing for the
collection of the Park Impact Fee, such Impact Fees shall be
paid directly to the County.
D. If the Parks and Recreational Facilities Impact
Construction is located within a municipality and the governing
body of the municipality has not agreed te require proof of
payment of the Park Impact Fees to the County prior to the
issuance of a Building Permit by the municipality or to require
additionally the payment of the Park Impact Fee as a condition of
the issuance of a Building Permit by the municipality, the Impact
Fees shall be collected as provided in Section 3.05.
E. The obligation for payment of the Park Impact Fees
shall run with the land.
F. In the event that a Building Permit issued for a Parks
and Recreational Facilities Impact Construction expires prior to
completion of the Parks and Recreational Facilities Impact
Construction for which it was issued, the Applicant may within
ninety (90) days of the expiration of the Building Permit apply
for a refund of the Park Impact Fees. Failure to timely apply
MAY 2 5 199g
for a refund of the Park Impact Fee shall waive any right to a
refund.
1. The application for refund shall be filed with the
County Manager and contain the following:
(a} The name and address of the Applicant;
(b) The location of the property which was the
subject of the Building Permit;
{c) The date the Park Impact Fee was paid;
(d} A copy of the receipt of payment for the
Impact Fee; and
(e) The date the Building Permit was issued and
the date of expiration.
2. After verifying that the Building Permit has
expired and that the Parks and Recreational Facilities Impact
Construction has not been completed, the County Manager shall
refund the Park Impact Fee paid for such Parks and
Recreational Facilities Impact Construction.
3. A Building Permit which is subsequently issued for
a Parks and Recreational Facilities Impact Construction on
the same property which was the subject of a refund shall pay
the Park Impact Fee as required by Section 2.01.
Section 2.03. Use of Monies for Regional Parks.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the municipalities located
within Collier County, to be designated as the "Regional Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Regions2 Park i.',pact Fee
Trust Account shall be used solely for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks within the County including, but not limited
to:
(1) Design and construction plan preparation;
MAY 2 5
9 ' -----.-__
(3) Land and materials acquisition including any costs
"' of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional
Parks;
(11) Repayrnent of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth
A impacted improvements or additions as herein provided;
(12) Pa3rment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks subsequent
to the adoption of this Ordinance;
(13) Rein~bursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by Regional Park facilities and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Regional Park Impact Fee Trust Account
shall not be used for any expenditure that would be classified as
a maintenance or repair expense.
C. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely to finance improvements and
additions to the Regional Parks required by growth as projected
in ~he Impact Fee Study.
D. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the Regional
~ark Impact Fee Trust Account and used as provided herein0 To
the extent permitted by law, any interest accrued on Park Impact
Fees which is not needed for improvements and additions to the
Regional Parks may, at the discretion of the Board, be used to
fund waivers or deferrals of Park Impact Fees pursuant to Section
3.04 of this Ordinance. In addition, to the extent permitted by
law, any accrued interest on Park Impact Fees which is not needed
for improvements and additions to the Regional Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-for
profit corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park Impact Fee accounts
exist to fund the waivers;
f.Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state such ~
MAY 2 5 lgg
findings and authorize the payment, in whole or
I--- in part, of the Park Impact Fee.
E. The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
,-, which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
p~yment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the ~
MAY 2 5 lgg
]2
growth necessitated capital improvements and additions to the
County Park System.
Section 2.04. Use of Monies for Non°County-wide Facilities.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the unincorporated area of
Collier County, to be designated as the "Unincorporated Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Unincorporated Park Impact
Fee Trust Account shall be used for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks or Community Parks within the County
including, but not limited
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks or Community Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks or Community Parks;
(6) Retocating utilities required by the construction
of improvements and additions to Regional Parks or Community
Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional Parks
or Community Parks;
(11) Repayment of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth
'iienda,I em
impacted improvements or additions as herein provided; NO,~
Y 2 5 2 99M
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks or Community
Parks subsequent to the adoption of this Ordinance;
(13) Reimbursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by Regional Park facilities or Community Park
facilities; and
(15) To the extent provided by law, reintbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Unincorporated Park Impact Fee Trust
Account shall not be used for any expenditure that would be
classified as a maintenance or repair expense.
C. The monies deposited into the Unincorporated Park Impact
Fee Trust Account shall be used to finance improvements and
additions to the Regional Parks or Community Parks required by
growth as projected in the Impact Fee Study. If monies deposited
in the Unincorporated Park Impact Fee Trust Account are used
solely for Community Parks, then the Parks and Recreation
Director shall ensure that other funding sources from the
unincorporated area are used for Regional Parks to ensure that
the level of service set forth in the Impact Fee Study for
Regional Parks is met.
D. A~qy funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the
Unincorporated Park Impact Fee Trust Account and used as provided
herein. To the extent permitted by law, any interest accrued on
Park Impact Fees which is not needed for improvements and l ~ge~da t m
additions to the Regional Parks or Community Parks may, at the
discretion of the Board, be used to fund waivers or deferrals of MAY 2 51999
]4
Park Impact Fees pursuant to Section 3.04 of this Ordinance. In
addition, to the extent permitted by law, any accrued interest on
Park Impact Fees which is not needed for improvements and
additions to the Regional Parks or Community Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-forprofit
corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provinces substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park Impact Fee accounts
exist to fund the waivers;
f. Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state such
findings and authorize the payment, in whole or
in part, of the Park Impact Fee.
Eo The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in ......
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately ~'
MAY 2 5 lgg9
following the sixth anniversary of the date of the payTnent of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director~ and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purpqses of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees for
growth necessitated capital improvements and additions to the
Count=y Park System.
Section 2.05. Alternative Fee Calculation.
A. In the event an Applicant believes that the impact to
County Park System resulting from his Parks and Recreational
Facilities Impact Construction is less than the fee established
in Section 2.01, such Applicant may, prior to issuance of a
Building Permit for such Parks and Recreational Facilities Impact
"' Construction, submit a calculation of an Alternative Park Impact ' '
Fee to the office of the County Manager pursuant to the ~_j.~7~3
provisions of this Section. Upon receipt of the Alternative Park MAY 2 5
16
Impact Fee, the County Manager shall schedule a hearing before
the Board at a regularly scheduled meeting or a special meeting
called for the purpose of reviewing the Alternative Park Impact
Fee and shall provide the Applicant written notice of the time
and place of the hearing. Such hearing shall be held within
thirty (30) days of the date the Alternative Park Impact Fee was
submitted.
B. The Alternative Park Impact Fee calculations shall be
based on data, information or assumptions contained in this
Ordinance and the Impact Fee Study or an independent source,
provided that the independent source is a local study supported
by a data base adequate for the conclusions contained in such
study performed pursuant to a generally accepted methodology and
based upon generally accepted standard sources of information
relating to facilities planning, cost analysis and demographics.
C. If a previously approved Parks and Recreational
Facilities Impact Construction project submitted, during its
approval process, an Alternative Park Impact Study substantially
consistent with the criteria required by this Section, and if
such study is determined by the Board to be current, the parks
and recreational impact of such previously approved Parks and
Recreational Facilities Impact Construction shall be presumed to
be as described in the prior study. In such circumstances, an
Alternative Park Impact Fee shall be established reflecting the
impact described in the prior study. There shall be a rebuttable
presumption that an Alternative Park Impact Study conducted more
than two years earlier is invalid.
~. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Park Impact Fee complies with the requirements of
this Section and that the Alternative Park Impact Fee was
calculated by the use of a generally accepted methodology, the
Alternative Park Impact Fee shall be paid in lieu of the fee set
forth in Section 2.01.
E. If the Board determines that the data, information and
Alternative Park Impact Fee does net comply with the requirements
MAY 2 5 199S
of this Section or that the Alternative Regional Park Impact Fee
._. was not calculated by a generally accepted methodology, then the
County shall provide to the Applicant by certified mail, return
receipt requested, written notification of the rejection of the
Alternative Park Impact Fee and the reason therefor.
F. The decision of the Board shall be in writing and issued
within ten (10) working days of the review.
G. Any Applicant or Owner who has submitted a proposed
Alternative Park Impact Fee pursuant to this Section and desires
the immediate issuance of a Building Permit shall pay prior to or
at the time the request for hearing is filed the applicable Park
Impact Fee pursuant to Section 2.01. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any right of review. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. Exemptions.
A. The following shall be exempted from payment of the Park
Impact Fees:
1. Alterations or expansion of an existing Dwelling
Unit where no additional Dwelling Units are created.
2. The construction of Accessory Buildings or
Structures which will not create additional Dwelling Units.
3. The replacement of a Dwelling Unit where no
additional Dwelling Units are created.
4. The construction of publicly owned Residential
housing.
5. The issuance of a tie-down permit on a Mobile Home
on which applicable Park Impact Fees have previously been
paid.
Section 3.02. Changes of Size and Use.
Impact Fees shall be imposed and calculated for the
I~ alteration, expansion or replacement of a Building or Dwelling
Unit or the construction of an Accessory Building if the
alteration, expansion or replacement of the Building or Dwelling MAY 2 5 1999
Unit or the construction of an Accessory Building results in a
land use determined to increase the number of Dwelling Units.
The Impact Fee imposed shall be upon each additional Dwelling
Unit created by the alteration, expansion or replacement of the
Building or Dwelling Unit or the construction of an Accessory
Building.
Section 3.03. Vested Rights.
A. Any Owner of land which was the subject of a development
order prior to the effective date of this Ordinance may petition
the Board for a Vested Rights determination which would exempt
the landowner from the provisions of this Ordinance. Such
petition shall be evaluated by the County Attorney and a decision
made based on the following criteria:
1. The existence of a valid, unexpired governmental
act of the County authorizing the specific development for
which a determination is sought;
2. Expenditures or obligations made or incurred in
reliance upon the authorizing governmental act that are
reasonably equivalent to the fees required by this Ordinance;
3. Other factors that demonstrate it is inequitable to
deny the Petitioner the opportunity to complete the
previously approved development under the conditions of
approval by requiring the Petitioners to comply with the
requirements of this Ordinance. For the purposes of this
paragraph, the following factors shall be considered in
determining whether it is inequitable to deny the Petitioner
the opportunity to complete the previously approved
development:
(a) Whether the injury suffered by the Petitioner
outweighs the public cost of allowing the development to
go forward without payment of the Impact Fee required by
this Ordinance; and
(b) Whether the expenses or obligations for'the
development were made or incurred subsequent to the
effective date of this Ordinance.
B. The County Attorney shall make a written determination -~~
as to whether the Owner has established a vested right in the L AY 2 5 1999
Parks and Recreational Facilities Impact Construction and, if so,
whether the development would exempt the Owner from the
provisions of this Ordinance.
C. Any Owner aggrieved by a decision of the County Attorney
pursuant to this Section may request a review hearing on such
decision pursuant to Section 3.07.
Section 3.04. Affordable Housing.
A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee for any new owner-occupied or rental
Parks and Recreational Facilities Impact Construction which
qualifies as Affordable Housing under Appendix B of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferral for proposed Parks and Recreational Facilities
Impact Construction shall file with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Parks and Recreational
Facilities Impact Construction. The Application for waiver
or deferral shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Parks and Recreational
Facilities Impact Construction shall be constructed;
(c) The income level of the Owner or if the Owner
is a builder, the income level of the household to which
the Dwelling Unit will be sold or rented;
(d) The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2) If the proposed Parks and Recreational Facilities
Impact Construction meets the requirements for an Affordable
Housing waiver or deferrat as set forth in this Section, then
the County Manager shall issue an Impact Fee waiver or
deferral, as applicable, to the Owner or Applicant. The
Impact Fee waiver or deferral shall be presented in lieu of ~d~~
payment cf the Impact Fee pursuant to Section 2.02. ._MAY. 2 5 199g
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix B, and the
monthly payment to purchase the unit must be within the
Affordable Housing guidelines established in Appendix B. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of issuance
of the Impact Fee waiver or deferral or within thirty (30)
days thereof, and within twenty-four (24) months from the
date of issuance of the certificate of occupancy or the
execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser fails
to purchase the Dwelling Unit within the twenty-four (24)
month period, then the waived or deferred Impact Fee must be
immediately repaid unless the Dwelling Unit is sold to
another qualifying Owner.
(2) The Owner, or if there is more than one Owner, one
of the Owners, must be a first-time home buyer. To qualify
as a first-time home buyer, the Owner must not have had an
ownership interest in his/her primary residence in the past
three (3) years.
(3) The Dwelling Unit must be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the
leasehold and during the duration thereof, as those terms are
2!
defined in Appendix B and the amount of rent must be within
the Affordable Housing guidelines establ'ished in Appendix B.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
-the sale of the Dwelling Unit to a non-qualified purchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For purposes of this Section 3.04, a non-qualified purchaser is a
Person who does not satisfy the Affordable Housing criteria set
forth in subsection B above or a Person who does not agree to the
terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued stall become due and
shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
years frqm the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit was issued shall become due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the d.~L~ ~he certificate
of occupancy is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be
waived or deferred pursuant to this Section for an owner-occupied
22
or rental Affordable Housing Dwelling Unit shall be the
percentage set forth in Appendix B. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An affidavit must
be filed within thirty (30) days of the anniversary date of the
issuance of a certificate of occupancy. If the income of any
unit renter which originally qualified as very low or low income
level as defined in Appendix B exceeds the Affordable Housing
benefit standards set forth in Appendix B by more than forty
percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the alternative,
the Owner shall have ninety (90) days to comply with the
Affordable Housing standards set forth in Appendix B.
(2) If the household income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix B, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding Impact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth
in Section 3.04 for fifteen (15) years after issuance of the
certificate of occupancy.
I. The Owner receiving an Impact Fee ~{/er o~ deferral
shall~ enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the provisions of this Section:
(1) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or renter, the Parks and Recreational
Facilities Impact Construction must be sold or rented to
households meeting the criteria set forth in this Section in
order to maintain the waiver or deferral. Impact Fee waivers
or deferrals paid for with State Housing Initiatives
Partnership [SHIP] Program funds will only be granted
directly to buyers meeting Appendix B qualifications and
approval prior to Building Permit issuance. A Dwelling Unit
shall qualify as owner-occupied if a lease-purchase agreement
is in effect at the date of issuance of the Impact Fee waiver
or deferral or within thirty days thereof, and within
twenty-four (24) months from the date of issuance of the
certificate of occupancy or the execution of the
lease-purchase agreement, whichever is later, the option to
purchase is exercised and the purchaser takes ownership of
the Dwelling Unit. If the purchaser fails to purchase the
Dwelling Unit within the twenty-four (24) month period, then
the waived or deferred Impact Fee must be repaid immediately
unless the Dwelling Unit is sold to another qualifying Owner.
(3) For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees were paid with State Housing Initiatives Partnership
[SHIP]-Program funds, repayment will be made to the Collier
County Affordable Housing Trust Fund. For rental units, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
(15) years from the issuance of a certificate of occupancy,
whichever occurs first.
(4) For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.04 of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid with
State Housing Initiatives Partnership [SHIP] Program funds, "~ "'.' ,"' "
repayment will be made to the Collier County affordable
housing t ust fund. MAY 2 5 1999
24
(5) The deferred and/or waived Impact Fees shall be a
lien on the property which lien may be foreclosed upon in the
event of non-compliance with the requirements of the
agreement. The agreement described herein shall operate as a
lien against the Dwelling Unit. The lien shall terminate
upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or upon
repayment. In the case of a deferral, such release shall be
recorded upon repayment.
(6) Annually, the Owner of a renta~ Dwel~ing Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the
anniversary date of the issuance of a certificate of
occupancy. If the income of any unit renter which originally
qualified as very low or low income level as defined in
Appendix B exceeds the Affordable Housing benefit standards
set foIth in Appendix B by more than forty percent (40%),
then the deferred Impact Fee shall become immediately due and
payable by the Owner or, in the alternative, the Owner shall
have ninety (90) days to comply with the Affordable Housing
standards set forth in Appendix B.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited to,
a release of lien.
(8) In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the Board
may bring a civil action to enforce the agreement. The BOard
shall be entitled to recover all fees and costs, including
attorney's fees and costs, incurred by the Board in enforcing
judgments calculated on a calendar day basis until paid.' 1999
(9) The agreement shall be binding upon the Owner's
-" successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limit3d, in total. to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the amount
allocated to Impact Fee waivers or deferrals in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. All Impact Fees waived or deferred shall be
paid by the Board into the appropriate parks and recreational
facilities impact fee trust account within six (6) years from the
date of the award of a waiver and/or deferral as provided herein,
but in no event, later than that time when that amount is needed
for a project funded by those Impact Fees waived or deferred.
The Board shall pay into the appropriate parks and recreational
.--- facilities impact fee trust account such amounts equal to any
Impact Fees previously waived or deferred by the Board, within
six (6) years from the date of such waiver, or deferral, but in
no event, later than the time such amounts are needed for a
project funded by those Impact Fees waived or deferred. Waivers
and deferrals shall be issued in the order that completed
qualifying applications are received by the County Manager. At
least forty percent (40%) of the amount budgeted for Impact Fee
waivers and/or deferrals must be utilized to fund Impact Fee
waivers and/or deferrals for single family owner-occupied
Dwelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix B or the minimum
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Parks and Recreational Facilities Impact
Construction project which consists of a Mobile Home.
M. Notwithstanding any provisions elsewhere in this
Ordinance to the contrary, any Owner that develops an Affordable
Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
(100%) of the Impact Fees applicable only to such rental Dwelling
Units serving very low and/or low income levels if: (i) all such
deferred Impact Fees are paid on or before the end of six (6)
years from the date such Impact Fees are deferred; and (ii) the
rental apartment development shall' remain Affordable Housing
qualified (under Section 3.04 of this Ordinance) for a minimum of
15 years.
N. The Board, in its discretion, may agree by Resolution to
subordinate its lien for Impact Fees to a primary lender and/or
government funded affordable housing loan such as SAIL or HOME
loan if Owner can demonstrate that a subordination is necessary
to obtain financing and, in the case of rental Dwelling Units, if
the Owner provides additional security satisfactory to the County
such a~ additional or substitute collateral in the form of cash
or cash equivalent financial instruments which will yield the
full amount of the deferred impact fees at the expiration of the
period of the deferral.
Section'3.05. Alternative Collection Method.
In the event the Park Impact Fees are not paid prior to the
issuance of a Building Permit for the affected Parks and'
Recreational Facilities Impact Construction, the County shall
proceed to collect the Park Impact Fees as follows:
A. The County shall serve, by certified mail, return
receipt requested, a "Notice of Impact Fee Statement" upon the
Applicant at the address set forth in the application for
Building Permit, and the Owner at the ad~re~ appearing on the
most recent records maintained by the Property Appraiser of the
County. The County shall also attach a copy of the "Notice of
Impact Fee Statement" to the Building Permit posted at the
affected Parks and Recreational Facilities Impact Construction
site if the Building is under construction. Service shall be
notice was received by either the Applicant or the Owner or the MAY 2 5 ]~Jg
Pg-, .. __
27
date said notice was attached to the Building Permit, whichever
occurs first. The "Notice of Impact Fee Statement" shall contain
the legal description of the property and shall advise the
Applicant and the Owner as follows:
1. The amount due and the general purpose for which
the Park Impact Fees were imposed;
2. That a hearing pursuant to Section 3.07 may be
requested within 30 calendar days from the effective date of
service of the Notice of Impact Fee Statement, by making
application to the Office of the County Manager.
3. That the Park Impact Fees shall be delinquent if
not paid and received by the County within 30 calendar days
of the effective date of service of the Notice of Impact Fee
Statement, excluding the date of receipt or if a hearing is
not requested pursuant to Section 3.07, and, upon becoming
delinquent, shall be subject to the imposition of a
delinquent fee and interest on the unpaid amount until paid;
and
4. That in the event the Park Impact Fees become
delinquent, a lien against the property for which the
Building Permit was secured shall be recorded in the Official
Records Book of the County.
B. The Park Impact Fees shall be delinquent if, within 30
calendar days from the effective date of service of the Notice of
Impact Fee Statement, neither the Impact Fees have been paid and
received by the County, nor a hearing is requested pursuant to
Section 3.07. In the event a hearing is requested pursuant to
Section 3.07, the Impact Fees shall become delinquent if not paid
within 30 days from the date the Board determines the amount of
Impact Fees due upon the conclusion of such hearing. All time
periods contained within this Ordinance shall be calculated on a
calendar day basis, including Sundays and legal holidays, but
excluding the effective date of service of the Notice of Impact
Fee Statement, or the date of the Board's decision in the event
of an appeal. In the event the due date falls on a Sunday or
shall be the next business day. Upon becoming delinquent, a
28
delinquency fee equal to 10% of the total Impact Fee imposed
"' shall be assessed. Such total Impact Fee, plus delinquency fee,
shall bear interest at the statutory rate. for final judgments.
calculated on a calendar day basis, until paid.
C. Should the Park Impact Fees become delinquent as set
forth in Subsection B, the County shall serve, by certified mail
return receipt requested, a "Notice of Lien" upon the delinquent
Applicant, if the Building is under construction at the address
indicated in the application for the Building Permit, and upon
the delinquent Owner at the address appearing on the most recent
records maintained by the Property Appraiser of the County. The
Notice of Lien shall notify the delinquent Applicant and
delinquent Owner that due to their failure to pay the Park Impact
Fees, the County shall file a Claim of Lien with the Clerk of the
Circuit Court.
D.' Upon the mailing of the Notice c~ ·Lien, tne County
Attorney shall file a Claim of Lien with the Clerk of the Circuit
· ~ Court for recording in the Official Records of the County. The
Claim of Lien shall contain the legal description of the
property, the amount of the delinquent Impact Fee and the date of
its imposition. Once recorded, the Claim of Lien shall
constitute a lien against the property described therein. The
County Attorney shall proceed expeditiously to collect, foreclose
or otherwise enforce said lien.
E. After the expiration of one year from the date of
recording of the Claim of Lien, as provided herein, a suit may be
filed to foreclose said lien. Such foreclosure proceedings shall
be instituted, conducted and enforced in conformity with the
procedures for the foreclosure of municipal special assessment
liens, as set forth in Chapter 173, Florida Statutes, which
provisions are hereby incorporated here~ i~ ih~ir en[irety to
the same extent as if such provisions were set forth herein
verbatim.
F. The liens for delinquent Impact Fees imposed hereunder
shall remain liens, coequal w~th the lien of all state, county,
filed liens and claims, until paid as provided herein.
MAY 2 5
G. The collection and enforcement procedures set forth in
the Section shall be cumulative with, supplemental to and in
addition to, all other applicable procedures provided in any
other ordinances or administrative regulations of the County or
any applicable law or administrative regulation of the State of
Florida. Failure of the County to follow the procedure set forth
in this Section shall not constitute a waiver of its rights to
proceed under any other ordinances or administrative regulations
of the County or any applicable law or administrative zegulation
of the State of Florida.
Section 3.06. Developer Contribution Credit.
A. The County shall grant a credit against the Park Impact
Fees imposed pursuant to Section 2.01, for the donation of land
or for the construction of any park or recreational facilities or
improvements and additions thereto made to the County Park System
required pursuant to a development order or made voluntarily in
connection with Parks and Recreational Facilities Impact
Construction. Such land donation and construction and
improvement shall be subject to the approval of the Board and
shall be an integral part of and a necessary accommodation to an
existing or contemplated Community or Regional Park.
B. The amount of Developer Contribution Credit to be
applied shall be determined at the time that the Park Impact Fees
are paid according to the following standards ef ~,aluation:
1. The value of the credit due to the developer as a
result of a donation to Collier County of an
easement or a £ee simple estate in land shall be
calculated in accordance with Section 2.7.2.8.1,
Collier County Land Development Code, entitled
"Dedication of the public facilities and
development of prescribed amenities", as it may be
amended from time to time, or its successor
provision; and
2. The cost of anticipated construction of parks and
recreational facilities improvements to the County
Park System shall be based upon cost estimates
certified by a professional architect or engineer.
30
C. Prior to issuance of a building permit the Applicant
shall submit to the County Manager a proposed plan an~ estimate
of costs for contributions to the County Park System. The
proposed plan and estimate shall include:
1. A designation of the Parks and Recreational
Facilities Impact Construction for which the
proposed plan is being submitted;
2. A legal description of any land proposed to be
donated and a written appraisal prepared in
conformity with subsection B.1. of this Section;
3. A list of the contemplated park and recreational
facilities improvements contained within the plan;
4. An estimate of proposed construction costs
certified by a professional architect or engineer;
and
5. A proposed time schedule for completion of the
proposed plan.
D. Upon receipt of the proposed plan, the County Manager
shall schedule a hearing before the Board at a regularly
scheduled meeting or a special meeting called for the purpose of
reviewing the proposed plan and shall provide the Applicant or
Owner written notice of the time and place of the hearing. Such
hearing shall be held within thirty (30) days of the date the
proposed plan was submitted.
E. The Board shall determine:
1. If such proposed plan of construction is in
conformity with contemplated parks and recreational
facilities additions to the County Park System;
2.If the proposed plan is consistent with the public
interest; and
3. If the proposed construction time schedule for the
completion of the plan is consistent with the
County's capital improvement proglum for the County
Parks System.
The decision of the Board as to whether to accept the
writing and issued within ten (10) working days of the ~~ ~
2 S ,
31 .
review. A copy shall be provided to the Applicant.
Upon approval of a proposed plan of construction, the
Board shall determine the amount of construction credit
based upon the above standards of valuation and shall
approve the timetable for completion of construction.
F. All construction cost estimates shall be based upon, and
all construction plans and specifications shall be in conformity
with the parks and recreational facilities construction standards
of the County. All plans and specifications shall be approved by
the Parks and Recreation Director prior to commencement of
construction.
G. Any Developer Contribution Credit granted from the
regional park component of the Impact Fee shall only be for those
donations or contributions made to a Regional Park.
H. Any Developer Contribution Credit granted from the
Community Park component of the Impact Fee shall only be for
those donations or contributions made to a Community Park.
I. Any Applicant who submits a proposed plan pursuant to
this Section and desires the immediate issuance of a Building
Permit shall pay prior to or at the time the request for hearing
is filed the applicable Park Impact Fees. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any review rights. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
J. In the event the amount o~ ~eveicper contribution
determined to be applicable by the Board pursuant to an approved
plan of construction exceeds the total amount of Impact Fees due
by the Applicant based upon the contemplated improvements to the
County Park System proposed by the Applicant, the County shall
execute with the Applicant an agreement for future reimbursement
of the excess of such contribution credit from future receipts by
the County of the Impact Fees. Such agreement of reimbursement
shall not be for a period in excess of five years from the date
of completion of the approved plan of construction and shall
provide for a forfeiture of any remaining reimbursement balance
32
Section 3.07. Review Hearings.
A. An Applicant or Owner who is required to pay a Park
Impact Fee pursuant to Section 2.01, shall have the right to
request a review hearing.
B. Such hearing shall be limited to the review of the
following:
1. The application of the Park Impact Fee pursuant to
Section 2.01.
2. A Vested Rights determination under Section 3.03.
3. The denial of an Affordable Waiver or Authorization
for Deferral pursuant to Section 3.04.
C. Such hearing shall be requested by the Applicant or
Owner within thirty (30) days of the date of first receipt of the
following:
1. Notice of Impact Fee Statement;
2. A Vested Rights determination;
3.The denial of an Affordable Housing Waiver or
Authorization for Deferral.
Failure'to request a hearing within the time provided shall be
deemed a waiver of such right.
D. The request for hearing shall be filed with the Office
of County Manager and shall contain the following:
1. The name and address of the Applicant or Owner;
2. The legal description of the property in question;
3. If issued, the date the Building Permit was issued;
4. A brief description of the nature of the
construction being undertaken pursuant to the
Building Permit;
5.If paid, the date the Park Impact Fee was paid; and
6. A statement of the reasons why the Applicant or
Owner is requesting the hearing.
E. Upon receipt of such request, the County Manager shall
schedule a hearing before the Board at the regularly scheduled
meeting or a special meeting called for the purpose of conducting
MAY 2 5 1999
33
the hearing and shall provide the Applicant or Owner written
notice of the time and place of the hearing. Such hearing shall
be held within forty-five (45) days of the date the request for
hearing was filed.
F. Such hearing shall be before the Board and shall be
conducted in a manner designed to obtain all information and
evidence relevant to the requested hearing. Formal rules of
bivil procedure and evidence shall not be applicable; however,
the hearing shall be conducted in a fair and impartial manner
with each party having an opportunity to be heard and to present
information and evidence.
G. Any Applicant or Owner who requests a hearing pursuant
to this Section and desires the immediate issuance of a Building
Permit, or if a Building permit has been issued without the
payment of the Park Impact Fee, shall pay prior to or at the time
the request for hearing is filed the applicable Impact Fees
pursuant to Section 2.01. Said payment shall be deemed paid
under "Protest" and shall not be construed as a waiver of any
review rights.
H. An Applicant or Owner may request a hearing under this
Section without paying the applicable Impact Fee but no Building
Permit shall be issued until such Impact Fees are paid in the
amount initially calculated or the amount approved upon
completion of the review provided in this Section.
Section 3.08. Review Requirement.
A. This Ordinance and the Impact Fee Study shall be
reviewed by the Board initially in connection with its approval
of the capital improvements element of its Comprehensive Plan as
required by Section 163.3177, Florida Statutes. Thereafter, this
Ordinance and the Impact Fee Study shall be reviewed at least
every three years. The initial and each review shall consider
new estimates of population and other socioeconomic data; changes
in construction, land acquisition and related costs and
adjustments to the assumptions, conclusions or findings set forth
in the study adopted by Section 1.04. The purpose of this review
is to evaluate and revise, if necessary, the Park Impact Fee to
assure that they do not exceed the reasonably anticipated costs
associated with the improvements and additions necessary to
.-- offset the demand generated by the Parks and Recreational
Facilities Impact Construction on the County Park System. In the
event the review of the Ordinance required by this Section alters
or changes the assumptions, conclusions and findings of the study
adopted by reference in Section 1.04, revises or changes the
County Park System or alters or changes the amount of Impact
Fees, the study adopted by reference in Section 1.04 shall be
amended and updated to reflect the assumptions, conclusions and
findings of such reviews and Section 1.04 shall be amended to
adopt by reference such updated studies.
B. Simultaneous with the review of the Impact Fee Study
required in Subsection A of this Section, the Board shall review
the capital improvements element of the availability and adequacy
of revenue sources to construct improvements and additions to the
County Park System determined in the Impact Fee Study to be
required to accommodate existing development,
Section 3.09. Declaration of Exclusion from Administrative
Procedures Act.
Nothing contained in this Ordinance shall be construed or
interpreted to include the County or any municipality in the
County in the definition of Agency contained in Section 120.52,
Florida Statutes, or to otherwise subject the county or any
municipality in the County to the application of the
Administrative Procedures Act, Chapter 120, Florida Statutes.
This declaration of intent and exclusion shall apply to all
proceedings taken as a result of or pursuant to this Ordinance
including specifically, but not limited to, consideration of a
petition for Vested Rights determination under Section 3.03, a
determination of entitlement to an Impact Fee Waiver or
Authorization for Deferral pursuant to Section 3.04, and a review
hearing under Section 3.07.
Section 3.10. Repeal of County Ordinances.
Collier County Ordinance No. 88-96, as amended by Ordinance
!"' NO. 91-39, as amended by Ordinance No. 92-29, as amended by
amended by 0rd nance No. as amended by Ordinance No. 94-17,
as amended by Ordinance No. 94-50, as amended by Ordinance No.
95-23, as amended by Ordinance No. 96-19, as amended by Ordinance
No. 99-23, is hereby repealed in its entirety.
Section 3.11. Inclusion in 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 tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
Section 3.12. Severability.
If any clause, section or provision of this Ordinance shall
be declared unconstitutional or invalid for any reason or cause,
the remaining portion of said Ordinance shall be in ;ull force
and effect and be valid as if such invalid portion thereof had
not been incorporated herein. In the event it is held or
construed by any court of competent jurisdiction that the County
does not possess the power or authority to impose the Park Impact
Fee within municipal areas or that the imposition of the Park
Impact Fees within municipal areas is declared invalid or
unconstitutional for any purpose, such declaration of
unconstitutionality or invalidity shall not affect the validity
or constitutionality of the imposition of the Park Impact Fee in
the unincorporated area of the County and it is the intent of the
County, in such event, that such imposition of Impact Fees in the
unincorporated areas remain valid and in force.
t' AY 2 5
36 _ ' ';, T
Section 3.13. Effective Date.
This Ordinance shall become effective upon filing with the
Florida Department of State.
DULY ADOPTED in regular session, this day of
, 1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
(SEAL)
Approved as to form and
legal sufficiepcy:
Heidi F. ~'shton ' L ~__
Assistant County Attorney
hzp~lic/hg/hfa/ord/5/99 Impact Fees - Parks and Recreation Option I
Option 1
IMPACT FEE RATES
Regional Community Total Park
Component Component Impact Fee
Unincorporated $249.82 $571.02 $820.84
City of Naples 249.82 0 249.82
City of Marco Island 249.82 0 249.82
City of Everglades City 249.82 0 249.82
APPENDIX_B_
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The following set forth the applicable definitions and benefit standards for
Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee
waivers and deferrals (herein referred to as "benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
a) Very low income families means those families whose incomes do not exceed
fifty percent (50%) of the median income for the area as determined by the Secretary of
the U.S. Department of Housing and Urban Development (area median income).
b) Low income families means those families whose incomes are more than fifty
percent (50%) and do not exceed sixty percent (60%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
c) Moderate income families means those families whose incomes are more than
sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly
mortgage payment, including property taxes and insurance shs'i not be in excess of thirty
---'--- percent (30%) of the families household income. In no instance will rental limits exceed
the rental limits established by the Florida Housing Finance Agency for rents adjusted to
bedroom size in projects assisted under the SAIL Loan Program or the Low Income
Housing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very
low income families and which are the owner's homestead shall have one hundred percent
(100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee
Ordinance.
b) Affordable Housing rental Dwelling Units which exclusively serve very low
income families shall have one hundred percent (100%) of the applicable Impact Fee
deferred pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively serve
low-income families and which are the owner's homestead shall have fifty percent (50%) of
the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact
Fee deferred pursuant to the terms of the Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which exC~lusively serve low income
families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty
percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact
Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which exclusively serve
moderate income families and which are the owners homestead shall be required to pay
twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five
""' oercent (75%) of the applicable impact Fee deferred pursuant to the terms of the Impact
:ee Ordinance.
NAY 2 5 1999
Pg · .,,
f) Parks and Recreational Facilities Impact Construction which meets the criteria
set forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier
County or by an Independent Governmental Agency pursuant to an intedocal agreement
with Collier County and which construction is one hundred percent (100%) government
funded shall have one hundred percent (100%) of the Impact Fees for that construction
waived, pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public hearing o~ the Board of
County Commissioners occurring after 5:00 p.m.
NAY 2 5 tq99
- OPT D ....
ORDINANCE NO. 99-
PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCE
AN ORDINANCE TO BE KNOWN AS THE COLLIER COUNTY PARES ~
RECREATIONAL FACILITIES IMPACT FEE ORDINANCE~ PROVIDING
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGSS ADOPTING
A CERTAIN IMPACT FEE STUDY; INCORPORATING BY REFERENCE
THE COMPREHENSIVE PLAN; PROVIDING FOR THE IMPOSITION OF
PARK IMPACT FEES ON ALL PAR~S AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION OCCURRING WITHIN COLLIER COUNTY;
DEFINING THE TERM PARKS AND RECREATIONAL FACILITIES
IMPACT CONSTRUCTION; PROVIDING FOR THE PAYMENT AND
COLLECTION OF PARK IMPACT FEES~ PROVIDING FOR THE USE OF
PARE IMPACT FEES COLLECTED; PROVIDING AN ALTERNATIVE
METHOD OF CALCULATION OF PARK IMPACT FEES; PROVIDING FOR
EXEMPTIONS IN CONNECTION WITH PARK IMPACT FEES; PROVIDING
FOR CHA/qGES IN SIZE AND USE OF A BUILDING OR DWELLING
UNIT; PROVIDING FOR VESTED RIGHTS~ P~OVIDIN~ FOR
AFFORDABLE HOUSING WAIVER AND DEFERRALSI PROVIDING AN
ALTERNATIVE COLLECTION METHOD FOR THE PARE IMPACT FEE;
PROVIDING FOR CREDIT FOR DEVELOPER CONTRIBUTIONI
PROVIDING FOR REVIEW HEARINGS; REQUIRING REVIEW EVERY
THREE YEARS, DECLARATION OF EXCLUSION FROM ADMINISTRATIVE
PROCEDURES ACT; PROVIDING FOR REPEAL OF COUNTY ORDINANCE
NO. 88-96, AS AMENDED; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
ARTICLE I
GENERAL
Section 1.01. Definitions.
When used in this Ordinance, the following terms shall have
the following meanings, unless the context clearly indicates
otherwise:
"Accessory Building or Structure" ~h?]! Mean a detached,
subordinate structure, the use of which is clearly indicated and
related to the use of the principal Building or use of the land
and which is located on the same lot as the principal Building.
"Affordable Housing" shall mean a Dwelling Unit which is
offered for sale or rent for an amount which is within the
standards set forth and established in Appendix B of this
Ordinance.
"Alternative Park Impact Fee Study. shall mean a study
prepared by the Applicant and submitted to the County Manager
MAY 2 5 1999
"Apartment" means a rental Dwelling Unit located within the
same Building as other Dwelling Units.
.Applicant. shall mean the Person who applies for a Building
Permit.
.Board" shall mean the Board of County Commissioners of
Collier County, Florida.
"Building" shall mean any structure, either temporary or
permanent, built for the support, shelter or enclosure of
Persons, chattels or property of any kind. This term shall
include tents, trailers, mobile homes or any vehicles serving in
any way the function of a Building. This term shall not include
temporary construction sheds or trailers erected to assist in
construction and maintained during the term of a Building Permit.
.Building Permit" shall mean an official document or
certificate issued by the authority having jurisdiction,
authorizing the construction or siting of any Building. For
purposes of this Ordinance, the term "Building Permit" shall also
include tie-down permits for those structures or Buildings, such
as a mobile home, that do not require a Building Permit in order
to be occupied.
"Community Park" shall mean a Countywide network of parks and
recreational facilities which serve the residents of the
unincorporated area of Collier County.
.Comprehensive Plan" shall mean the comprehensive plan of the
County adopted and amended pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act.
.Condominium" means a single-family or time-sharing ownership
unit that has at least one other similar unit within the same
building structure. The term Condominium includes all fee simple
or titled multi-unit structures, including townhouses and
duplexes.
.County" shall mean Collier County, a political subdivision
of the State of Florida.
"County Attorney" shall mean the person appointed by the
Board of County Commissioners to serve as i~s counsel, or the " ' '
l
"County Manager" shall mean the chief administrative officer
~" of the County, appointed by the Board of County Commissioners, or
the designee of such Person.
.County Park System. or "Park Systean" shall include all
Community Parks and Regional Parks operated by the County.
.Dwelling Unit. shall mean a Building or portion of a
Building designed for or whose primary purpose is for residential
occupancy, and which consists of one or more rooms which are
arranged, designed or used as living quarters for one or more
persons.
· Encu/nbered" shall mean monies committed by contract or
purchase order in a manner that obligates the County to expend
the encun~bered amount upon delivery of goods, the rendering of
services or the conveyance of real properly pzo'v'ided by a vendor,
supplier, contractor or Owner.
"Impact Fee Study" shall mean the study adopted pursuant to
Section 1.04, as amended and supplemented pursuant to Section
3.08.
"Local Government Comprehensive Planning and Land Development
Regulation Act" means the provisions of Part II, Chapter 163,
Florida Statutes (1999), as amended or supplemented, or its
successor in function.
"Mobile Home" means manufactured homes, trailers, campers or
recreational vehicles.
.Owner. shall mean the Person holding legal title to the real
property upon which Parks and Recreational Facilities Impact
Construction is to occur.
"Park Impact Fee" or .Impact Fee" shall mean the fee imposed
by the County pursuant to Section 2.01 ~. If applicable, the
Alternative Park Impact Fee.
"Parks and Recreation Director" shall mean the Person
appointed by the Board or the County Manager to supervise the
administration, operation and acquisition of the County Park
System, or the designee of such Person.
"Parks and Recreational Facilities Impact Construction. shall ~T--,-- .
mean land development construction designed or intended to permit ~i
more Dwelling Units than the e×isting use of land. MAY 2 5
3
"Person" shall mean an individual, a corporation, a
partnership, an incorporated association, or any other similar
entity.
"Regional Park. shall mean County parks and recreational
facilities designed to serve all residents of the County
including residents of the municipalities.
.Residential. means Apartments, Condom~iu~s, Mobile Homes,
Single-Family Detached Houses or Assisted Living Facilities, as
that term is defined in Section 400.402, Florida Statutes.
"Single-Family Detached House" means a home on an individual
lot.
Section 1.02. Rules of Construction. For the purposes of
administration and enforcement of this Ordinance, unless
otherwise stated in this Ordinance, the following rules of
construction shall apply:
A. In case of any difference of meaning or implication
between the text of this Ordinance and any caption, iljustration,
summary table, or iljustrative table, the text shall control.
B. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
C. Words used in the present tense shall include the
future; words used in the singular shall include the plural and
the plural the singular, unless the context clearly indicates the
contrary; and use of the masculine gender shall include the
feminine gender.
D. The phrase "used for" includes "arranged for," "designed
for," "maintained for," or "occupied for."
E. Unless the context clearly indicated the contrary, where
a regulation involves two or more items, conditions, provisions,
or events connected by the conjunction "and," "or" or
"either...or", the conjunction shall be interpreted as follows:
1. "And" indicates that all the connected terms,
conditions, provisions or events shall apply.
2. "Or" indicates that the connected items,
conditions, provisions or events may apply singly or in any
3. "Either...or" indicates that the connected items,
conditions, provisions or events shall apply singly but not
in combination.
F. The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning to all
other instances or circumstances or like kind or character.
Section 1.03. Findings. It is hereby ascertained, determined
and declared:
A. Future growth represented by Parks and Recreational
Facilities Impact Construction should contribute its fair share
to the cost of improvements and additions to the County Park
System that are required to accommodate the use of such parks and
recreational facilities by such growth.
B. Implementation of the Impact Fee to require future Parks
and Recreational Facilities Impact Construction to contribute its
fair share of the cost of improvements and additions to the
County Park System is an integral and vital element of the
regulatory plan of growth management incorporated in the
Comprehensive Plan.
C. The standard of service for the County Park System, as
determined in the Impact Fee Study, is hereby approved and
adopted by the County.
D. Capital planning is an evolving process and t~e standard
of service for the County Park System constitutes a projection of
anticipated need for parks and recreational facilities, based
upon present knowledge and judgment. Therefore, in recognition
of changing growth patterns and the dynamic nature of population
growth, it is the intent of the Board that the standard of
service for the County Park System and the Impact Fee imposed be
reviewed and adjusted periodically, pursuant to Section 3.08, to
insure that the Park Impact Fees are imposed equitably and
lawfully, based upon actual and anticipated growth at the time of
their imposition.
E. The imposition of the Park Impact Fee is to provide a
source of revenue to fund the construction or improvement of the
County Park System necessitated by growth as delineated in the
capital improvement element of the Comprehensive Plan.
F. The Board specifically finds that Regional Parks benefit
all residents of the County and, therefore, the Regional Parks
component of the Park Impact Fee shall be imposed in all areas of
the County, including both the unincorporated area and within
municipal boundaries.
G. The Community Parks within the County Park System
provide a real and substantial benefit no all residents of the
County, including those within the municipalities. In
recognition of the recreational facilities and activities which
are provided by the municipalities and which parallel the
Community Parks within the County Park System, the Community Park
component of the Park Impact Fee shall not be imposed within
municipal boundaries.
H. The Board specifically finds that Community Parks within
the County benefit all residents of the unincorporated area of
the County because the County provides an interrelated network of
Community Park programs and facilities which operate as a County-
wide resource.
I. This Ordinance shall not be construed to permit the
collection of Impact Fees from Parks and Recreational Facilities
Impact Construction in excess of the amount reasonably
anticipated to offset the demand on the County Pa~k System
generated by the Parks and Recreational Facilities Impact
Construction occurring subsequent to the effective date of this
Ordinance.
J. All improvements and additions to the County Park System
needed to eliminate any deficiency between the existing Parks
System and the standard of service as adopted in the
Comprehensive Plan, shall be funded by revenues other than Impact
Fees. Therefore, the revenue derived from the Impact Fee shall
be utilized only for the acquisition of improvements and
additions to the County Park System which are necessitated by
Parks and Recreational Facilities Impact Construction occurring
['~I'A~end e~
subsequent to the effective date of this Ordinance. NO.~~
K. It is hereby declared to be the policy of the Board that
the improvements and additions to ~l'~e Lcu:~y Park System,
required to accommodate future growth, shall be funded entirely.
by the revenue derived from the Park Impact Fee. Therefore, no
credit shall be given for any tax revenue sources which may have
been utilized in prior years for the funding of Park System
improvements or additions. In the event that this policy is
altered by the subsequent action of the Board, or if additional
revenue is received and committed for growth necessitated
improvements and additions of the County Park System, the Impact
Fee shall be adjusted at the periodic review required pursuant to
Section 3.08 and credit shall be given for any tax revenue which
has been utilized for growth required improvements and additions
to the County Park System.
Section 1.04. Adoption of Impact Fee Study and Comprehensive
Plan. The Board hereby adopts and incorporates by reference the
study entitled "Rate Study for Impact Fe.~ for Parks and
Recreational Facilities for Collier County, Florida," dated March
18, 1999 and any amendments, updates or supplements thereto
particularly the assumptions, conclusions and findings in such
study and its amendments as to the determination of anticipated
costs of additions to the County Park System required to
accommodate growth. The Board further incorporates by reference
the Comprehensive Plan and any amendments thereto as it relates
to the improvements and additions to the County Park System.
ARTICLE II
PARK IMPACT FEE
Section 2.01. Imposition.
A. All Parks and Recreational Facilities Impact
Construction within the County, both within the unincorporated
areas and within the boundaries of all municipalities, shall pay
the Park Impact Fee as set forth and establ~Thj~ in Ap~,~dix A.
B. The Park Impact Fee shall be paid in addition to all
other fees, charges and assessments due for the issuance of a
building permit and is intended to provide funds only for growth
within the County.
Section 2.02. Payment.
A. Except as otherwise provided in this Ordinance, prior to
the issuance of a Building Permit for a Parks and Recreational
Facilities Impact Construction, an Applicant shall pay the Park
Impact Fee as set forth in Section 2.01.
B. If the Parks and Recreational Facilities Impact
Construction is located within the unincorporated area of the
County, the Park Impact Fee shall be paid directly to the County.
C. If the Parks and Recreational Facilities Impact
Construction is located within a municipality the Park Impact
Fee shall be paid as follows:
1. If the municipality has entered into an interlocal
agreement with the County providing for the collection of the
Park Impact Fee, such Impact Fees shall be paid and collected
in accordance with the provisions of the interlocal
agreement.
2. If the municipality has not entered into an
interlocal agreement with the County providing for the
collection of the Park Impact Fee, such Impact Fees shall be
paid directly to the County.
D. I~ the Parks and Recreational Facilities Impact
Construction is located within a municipality and the governing
body of the municipality has not agreed to require proof of
payment of the Park Impact Fees to the County prior to the
issuance of a Building Permit by the municipality or to require
additionally the payment of the Park Impact Fee as a condition of
the issuance of a Building Permit by the municipality, the Impact
Fees shall be collected as provided in Section 3.05.
E. The obligation for payment of the Park Impact Fees
shall run with the land.
F. In the event that a Building Permit issued for a Parks
and Recreational Facilities Impact Construction expires prior to
completion of the Parks and Recreational Facilities Impact
Construction for which it was issued, the Applicant may within
ninety (90) days of the expiration of the Building Permit apply
for a refund of the Park Impact Fees. Failure to timely apply ""~
MAY 2 5
for a refund of the Park Impact Fee shall waive any right to a
refund.
1. The application for refund shall be file~ with the
County Manager and contain the following:
(a) The name and address of the Applicant;
(b) The location of the property which was the
subject of the Building Permit;
(c) The date the Park Impact Fee was paid;
(d) A copy of the receipt of payment for the
Impact Fee; and
(e) The date the Building Permit was issued and
the date of expiration.
2. After verifying that the Building Permit has
expired and that the Parks and Recreational Facilities Impact
Construction has not been completed, the County Manager shall
refund the Park Impact Fee paid for such Parks and
Recreational Facilities Impact Construction.
3. A Building Permit which is subsequently issued for
a Parks and Recreational Facilities Impact Construction on
the same property which was the subject of a refund shall pay
the Park Impact Fee as required by Section 2.01.
Section 2.03. Use of Monies for Regional Parks.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the municipalities located
within Collier County, to be designated as the "Regional Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks within the County including, but not limited
to:
(1) Design and construction plan preparation;
(3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional
Parks;
(11) RepayTnent of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth
impacted improvements or additions as herein provided;
(!2) Pa~nnent of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks subsequent
to the adoption of this Ordinance;
(13) Reimbursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
(14) Design and construction of roadway improvements
required by Regional Park facilities and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Study adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Regional Park Impact Fee Trust Account
shall not be used for any expenditure that would be classified as ___ ,.,,., ,
MAY 2 5
C. The monies deposited into the Regional Park Impact Fee
Trust Account shall be used solely to finance improvements and
additions to the Regional Parks required by growth as projected
in the Impact Fee Study.
D. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the Regional
Park Impact Fee Trust Account and used as provided herein. To
the extent permitted by law, any interest accrued on Park Impact
Fees which is not needed for improvements and additions to the
Regional Parks may, at the discretion of the Board, be used to
fund waivers or deferrals of Park Impact Fees pursuant to Section
3.04 of this Ordinance. In addition, to the extent permitted by
law, any accrued interest on Park Impact Fees which is not needed
for improvements and additions to the Regional Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-for
profit corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park Impact Fee accounts
exist to fund the waivers;
f.Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or d~±erral. The ~
re olution adopted by the oard shal state such5
findings and authorize the payment, in whole or
in part, of the Park Impact Fee.
E. The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the end of the fiscal year
immediately fo!lowin9 the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
following the sixth anniversary of the date of the payment of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and iE such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming eligible to do so
shall be deemed to have waived any claim for a refund, and the
MAY 2 5 I999
]2
growth necessitated capital improvements and additions to the
"' County Park System.
Section 2.04. Use of Monies for Non-County-wide Facilities.
A. The Board hereby establishes a separate trust account
for the Park Impact Fees paid by the i.~nf~=ucsporate~,. area of
Collier County, to be designated as the "Unincorporated Park
Impact Fee Trust Account" which shall be maintained separate and
apart from all other accounts of the County. All such Impact
Fees shall be deposited into such trust account immediately upon
receipt.
B. The monies deposited into the Unincorporated Park Impact
Fee Trust Account shall be used for the purpose of providing
growth necessitated construction improvements and additions to
the Regional Parks or Community Parks within the County
including, but not limited to:
(i) Design and construction plan preparation;
(2) Permitting and fees;
-~ (3) Land and materials acquisition including any costs
of acquisition or condemnation;
(4) Construction and design of improvements and
additions to Regional Parks or Community Parks;
(5) Design and construction of new drainage facilities
required by the construction of improvements and additions to
Regional Parks or Community Parks;
(6) Relocating utilities required by the construction
of improvements and additions to Regional Parks or Community
Parks;
(7) Landscaping;
(8) Construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment for Regional Parks
or Community Parks;
(11) Repayment of monies transferred or borrowed from
any budgetary fund of the County subsequent to the adoption
of this Ordinance, which were used to fund any of the growth -- _.i ,
impacted improvements or additions as herein provided; ~
MAY 2 5 1999
(12) Payment of principal and interest, necessary
reserves and costs of issuance under any bonds or other
indebtedness issued by the County to fund growth impacted
improvements and additions to the Regional Parks or Community
Parks subsequent to the adoption of this Ordinance;
(13) Reimbursement of excess Park Impact Fees due an
Applicant pursuant to Section 3.07;
{14) Design and construction of roadway improvements
required by Regional Park facilities or Community Park
facilities; and
(15) To the extent provided by law, reimbursement or
refund of costs incurred by the County in the preparation of
any update to the Impact Fee Stuuy adopted pursuant to
Section 1.04 and any amendments or supplements adopted
pursuant to Section 3.08 and any other administrative costs
incurred by the County.
Funds on deposit in the Unincorporated Park Impact Fee Trust
Account shall not be used for any expenditure that would be
classified as a maintenance or repair expense.
C. The monies deposited into the Unincorporated Park Impact
Fee Trust-Account shall be used to finance improvements and
additions to the Regional Parks or Community Parks required by
growth as projected in the Impact Fee Study. If monies deposited
in the Unincorporated Park Impact Fee Trust Account are used
solely for Community Parks, then the Parks and Recreation
Director shall ensure that other funding sources from the
unincorporated area are used for Regional Parks to ensure that
the level of service set forth in t~:e i~neact Fee Study for
Regional Parks is met.
D. Any funds on deposit which are not immediately necessary
for expenditure shall be invested by the County. All income
derived from such investments shall be deposited in the
Unincorporated Park Impact Fee Trust Account and used as provided
herein. To the extent permitted by law, any interest accrued on
Park Impact Fees which is not needed for improvements and
discretion of the Board, be used to fund waivers or deferrals of
MAY 2 5
Park Impact Fees pursuant to Section 3.04 of this Ordinance. In
addition, to the extent permitted by law, any accrued interest on
Park Impact Fees which is not needed for improvements and
additions to the Regional Parks or Community Parks may, at the
discretion of the Board, be used to fund waivers of Park Impact
Fees if the Board makes the following findings by resolution:
a. The entity requesting a waiver is a not-forprofit
corporation or business, or charitable
organization;
b. The entity provides services to low income or
very low income citizens of Collier County at
reasonable rates;
c. The County does not provide such services;
d. The provision of services provides substantial
benefits to the citizens of Collier County.
e. Sufficient funds in the Park l~act Fee accounts
exist to fund the waivers;
fo Funding for the waiver will only be used from the
fund for which the waiver is granted; and
g. The entity is a child care or similar support
facility which is included in the original site
development plans of an affordable housing
project and which project has qualified for an
affordable housing waiver or deferral. The
resolution adopted by the Board shall state such
findings and authorize the payment, in whole or
in part, of the Park Impact Fee.
E. The Park Impact Fee collected pursuant to this
Ordinance shall be returned to the then current Owner of the
property for which such fee was paid if such fees have not been
expended or encumbered prior to the enc .'~f the fiscal year
immediately following the sixth anniversary of the date upon
which such fee was paid. Refunds shall be made only in
accordance with the following procedure:
(1) The then current Owner shall petition the Board for
the refund prior to the end of the fiscal year immediately
]5
following the sixth anniversary of the date of the payment of
the Park Impact Fee.
(2) The petition for refund shall be submitted to the
Parks and Recreation Director, and shall contain:
(a) A notarized sworn statement that the
petitioner is the then current Owner of the property for
which the Impact Fee was paid;
(b) A copy of the dated receipt issued for payment
of such fee or such other record as would indicate
payment of such fee;
(c) A certified copy of the latest recorded deed;
and
(d) A copy of the most recent ad valorem tax bill.
(3) Within three (3) months from the date of receipt of
a petition for refund, the Parks and Recreation Director will
advise the petitioner and the Board of the status of the
Impact Fee requested for refund, and if such Impact Fee has
not been expended or encumbered within its applicable time
period, then it shall be returned to the petitioner. For the
purposes of this Section, fees collected shall be deemed to
be spent or encumbered on the basis of the first fee in shall
be the first fee out.
F. Any Owner entitled to a refund who fails to file a
timely petition for a refund upon becoming ~ii~ible to do so
shall be deemed to have waived any claim for a refund, and the
County shall be entitled to retain and apply the Impact Fees for
growth necessitated capital improvements and additions to the
County Park System.
Section 2.05. Alternative Fee Calculation.
A. In the event an Applicant believes that the impact to
County Park System resulting from his Parks and Recreational
Facilities Impact Construction is less than the fee established
in Section 2.01, such Applicant may, prior to issuance of a
Building Permit for such Parks and Recreational Facilities Impact
Construction, submit a calculation of an Alternative Park Impact
provisions of this Section. Upon receipt of the Alternative Park
Impact Fee, the County Manager shall schedule a hearing before
the Board at a regularly scheduled meeting or a special meeting
called for the purpose of reviewing the Alternative Park Impact
Fee and shall provide the Applicant written notice of the time
and place of the hearing. Such hearing shall be held within
thirty (30) days of the date the Alternative Par]~ Impact Fee was
submitted.
B. The Alternative Park Impact Fee calculations shall be
based on data, information or assumptions contained in this
Ordinance and the Impact Fee Study or an independent source,
provided that the independent source is a local study supported
by a data base adequate for the conclusions contained in such
study performed pursuant to a generally accepted methodology and
based upon generally accepted standard sources of information
relating to facilities planning, cost analysis and demographics.
C. If a previously approved Parks and Recreational
Facilities Impact Construction project submitted, during its
approval process, an Alternative Park Impact Study substantially
consistent with the criteria required by this Section, and if
such study is determined by the Board to be current, the parks
and recreational impact of such previously approved Parks and
Recreational Facilities Impact Construction shall be presumed to
be as described in the prior study. In such circumstances, an
Alternative Park Impact Fee shall be established reflecting the
impact described in the prior study. There shall be a rebuttable
presumption that an Alternative Park Impact Study conducted more
than two years earlier is invalid.
D. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the
Alternative Park Impact Fee complies with the requirements of
this Section and that the Alternative Park Impact Fee was
calculated by the use of a generally accepted methodology, the
Alternative Park Impact Fee shall be paid in lieu of the fee set
forth in Section 2.01.
E. If the Board determines that the data, information and
assumptions utilized by the Applicant to calculate the ~
Alternative Park Impact Fee does not comply with the requirements MAY 2 5 1~9~
17 g ' -'
Of this Section or that the Alternative Regional Park Impact Fee
was not calculated by a generally accepted methodology, then the
County shall provide to the Applicant by certified mail, return
receipt requested, written notification of the rejection of the
Alternative Park Impact Fee and the reason therefor.
F. The decision of the Board shall be in writing and issued
within ten (10} working days of the review.
G. Any Applicant or Owner who has submitted a proposed
Alternative Park Impact Fee pursuant to this Section and desires
the immediate issuance of a Building Permit shall pay ~rior to or
at the time the request for hearing is filed the applicable Park
Impact Fee pursuant to Section 2.01. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any right of review. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
ARTICLE III
MISCELLANEOUS PROVISIONS
Section 3.01. Exemptions.
A. ~he following shall be exempted from payment of the Park
Impact Fees:
1. Alterations or expansion of an existing Dwelling
Unit where no additional Dwelling Units are created.
2. The construction of Accessory Buildings or
Structures which will not create additional Dwelling Units.
3. The replacement of a Dwelling Unit where no
additional Dwelling Units are created.
4. The construction of publicly owned Residential
housing.
5. The issuance of a tie-down permit on a Mobile Home
on which applicable Park Impact Fees have previously been
paid.
Section 3.02. Changes of Size and Use.
Impact Fees shall be imposed and calculated for the
alteration, expansion or replacement of a Building or Dwelling ~ . _ .
alteration, e× ansion or replacement of the Building or Dwelling HAY 2 5 lgg9
Unit or the construction of an Accessory Building results in a
--'- land use determined to increase the number of Dwelling Units.
The Impact Fee imposed shall be upon each additional Dwelling.
Unit created by the alteration, expansion or replacement of the
Building or Dwelling Unit or the construction of an Accessory
Building.
Section 3.03. Vested Rights.
A. Any Owner of land which was the subject of a development
order prior to the effective date of this Ordinance may petition
the Board for a Vested Rights determination which would exempt
the landowner from the provisions of this Ordinance. Such
petition shall be evaluated by the County Attorney and a decision
made based on the following criteria:
1. The existence of a valid, unexpired governmental
act of the County authorizing the specific development for
which a determination is sought;
2. Expenditures or obligations made or incurred in
reliance upon the authorizing governmental act that are
reasonably equivalent to the fees required by this Ordinance;
3. Other factors that demonstrate it is inequitable to
deny the Petitioner the opportunity to complete the
previously approved development under the conditions of
approval by requiring the Petitioners to comply with the
requirements of this Ordinance. For the purposes of this
paragraph, the following factors shall be considered in
determining whether it is inequitable to deny the Petitioner
the opportunity to complete the previously approved
development:
(a) Whether the injury suffered by the Petitioner
outweighs the public cost of allowing the development to
go forward without payment of the 2neac~ Fee required by
this Ordinance; and
(b) Whether the expenses or obligations for the
development were made or incurred subsequent to the
B. The County Attorney shall make a written determination ' - x
as to whether the Owner has established a vested right in the MAY 2 5 1999
]9
Parks and Recreational Facilities Impact Construction and, if so,
whether the development would exempt the Owner from the
provisions of this Ordinance.
C. Any Owner aggrieved by a deci~ic2! ~ ~!~i Coun~'y Attorney
pursuant to this Section may request a review hearing on such
decision pursuant to Section 3.07.
Section 3.04. Affordable Housing.
A. Pursuant to the guidelines established in this Section,
the County shall (1) waive or (2) defer, as applicable, the
payment of the Impact Fee for any new owner-occupied or rental
Parks and Recreational Facilities Impact Construction which
qualifies as Affordable Housing under Appendix B of this
Ordinance.
(1) Any person seeking an Affordable Housing waiver or
deferral for proposed Parks and Recreational Facilities
Impact Construction shall file with the County Manager an
Application for waiver or deferral, prior to receiving a
Building Permit for the proposed Parks and Recreational
Facilities Impact Construction. The Application ~or waiver
or deferral shall contain the following:
(a) The name and address of the Owner;
(b) The legal description of the Residential
property upon which the Parks and Recreational
Facilities Impact Construction shall be constructed;
(c) The income level of the Owner or if the Owner
is a builder, the income level of the household to which
the Dwelling Unit will be sold or rented;
(d) The number of bedrooms in each Dwelling Unit
of the Parks and Recreational Facilities Impact
Construction.
(2) If the proposed Parks and Recreational Facilities
Impact Construction meets the requirements for an Affordable
Housing waiver or deferral as set forth in this Section, then
the County Manager shall issue an Impact Fee waiver or
deferral, as applicable, to the Owner or Applicant. The
payment of the Impact Fee pursuant to Section 2.02.
20
B. To qualify for an Impact Fee waiver or deferral, an
owner-occupied Dwelling Unit must meet all of the following
criteria:
(1) The Owner(s) or anticipated Owner(s) of the
Dwelling Unit must have a very low, low, or moderate income
level, at the time of issuance of the Impact Fee waiver or
deferral, as those terms are defined in Appendix B, and the
monthly payment to purchase the unit must be within the
Affordable Housing guidelines estaD!isb. ed in Appendix B. A
Dwelling Unit shall qualify as owner-occupied if a
lease-purchase agreement is in effect at the date of issuance
of the Impact Fee waiver or deferral or within thirty (30)
days thereof, and within twenty-four (24) months from the
date of issuance of the certificate of occupancy or the
execution of the lease-purchase agreement, whichever is
later, the option to purchase is exercised and the purchaser
takes ownership of the Dwelling Unit. If the purchaser fails
to purchase the Dwelling Unit within the twenty-four (24)
month period, then the waived or deferred Impact Fee must be
immediately repaid unless the Dwelling Unit is sold to
another qualifying Owner.
(2) The Owner, or if there is more than one Owner, one
of the Owners, must be a first-time home buyer. To qualify
as a first-time home buyer, the Owner must not h~ve had an
ownership interest in his/her primary residence in the past
three (3) years.
(3) The Dwelling Unit must be the homestead of the
Owner(s).
(4) The Dwelling Unit must remain Affordable Housing
for fifteen (15) years from the date a certificate of
occupancy is issued for the Dwelling Unit, unless the Impact
Fee is repaid to the County.
C. To qualify for an Impact Fee deferral, a Dwelling Unit
offered for rent must meet all of the following criteria:
(1) The household renting the Dwelling Unit must have
a very low or low income level, at the commencement of the I M~I'' '~~
2]
defined in Appendix B and the amount of rent must be within
the Affordable Housing guidelines established in Appendix B.
(2) The Dwelling Unit must be the household's
permanent residence.
D. All Impact Fees deferred for owner-occupied Dwelling
Units at the time the Building Permit was issued shall become due
and payable and shall be immediately repaid to the County upon
the sale of the Dwelling Unit to a non.-qua~ified ~urchaser;
provided, however, if the Impact Fee deferral was paid with State
Housing Initiatives Partnership [SHIP] Program funds, repayment
will be made to the Collier County affordable housing trust fund.
For purposes of this Section 3.04, a non-qualified purchaser is a
Person who does not satisfy the Affordable Housing criteria set
forth in subsection B above or a Person who does not agree to the
terms of the waiver or deferral of impact fees agreement.
E. The Impact Fees deferred for rental Dwelling Units at
the time the Building Permit was issued shall become due and
shall be immediately repaid to the County upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen (15)
years from the date of issuance of the certificate of occupancy,
whichever occurs first.
F. Any Impact Fees waived for an owner-occupied Dwelling
Unit at the time a Building Permit wa~ i~i~i shall ~,ecome due
and payable and shall be immediately repaid to the County if the
Dwelling Unit is sold or transferred to a non-qualified purchaser
during the fifteen (15) year period after the certificate of
occupancy is issued for the Dwelling Unit. If the Impact Fee
waiver was paid with State Housing Initiatives Partnership [SHIP]
Program funds, repayment will be made to the Collier County
affordable housing trust fund. If the Dwelling Unit is used as
Affordable Housing in compliance with Section 3.04 of this
Ordinance for fifteen (15) years after the date the certificate
of occupancy is issued for the Dwelling Unit, the Impact Fees are
no longer due and the lien on the Dwelling Unit shall be
released.
G. The percentage of the total Impact Fee which shall be ~ _ ,,, ,,
22
or rental Affordable Housing Dwel!in9 Unj.!. shal~ be the
percentage set forth in Appendix B. The Impact Fees waived or
deferred shall be a lien on the property until all requirements
under this Section have been satisfied.
H. (1) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of compliance
with the criteria set forth in this Section. An affidavit must
be filed within thirty (30) days of the anniversary date of the
issuance of a certificate of occupancy. If the income of any
unit renter which originally qualified as very low or low income
level as defined in Appendix B exceeds the Affordable Housing
benefit standards set forth in Appendix B by more than forty
percent (40%), then the deferred Impact Fee shall become
immediately due and payable by the Owner or, in the alternative,
the Owner shall have ninety (90) days to comply with the
Affordable Housing standards set forth in ADpendix B.
(2) If the household income of the qualified owner-occupied
Dwelling Unit rises above the benefit standards for waivers and
deferrals set forth in Appendix B, the Owner shall maintain the
waiver and/or deferral. Notwithstanding the foregoing, all
outstanding Impact Fees waived or deferred shall be repaid in
full upon sale or transfer of the Dwelling Unit to a
non-qualified purchaser, except for waived Impact Fees where the
Owner has complied with the Affordable Housing criteria set forth
in Section 3.04 for fifteen (15) years after issuance of the
certificate of occupancy.
I. The Owner receiving an Impact Fee waiver or deferral
shall enter into an impact fee agreement with the County which
agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the
Board to effectuate the provisions of this Section:
(I) The legal description of the Dwelling Unit.
(2) Where an Impact Fee waiver or deferral is given to
an Owner who will be selling or renting the Dwelling Unit to
a subsequent purchaser or renter, the Parks and Recreational _. ~: ___ --
Facilities Impact Construction must be sold or rented to
households eetingcriteri set forth in t is Section inMAY 2 5 lggB
23
order to maintain the waiver or deferral. Impact Fee waivers
or deferrals paid for with State Housing Initiatives
Partnership [SHIP] Program funds will only be granted
directly to buyers meeting Appendix B qualifications and
approval prior to Building Permit issuance. A Dwelling Unit
shall qualify as owner-occupied if a lease-purchase agreement
is in effect at the date of issuance of the Impact Fee waiver
or deferral or within thirty days thereof, and within
twenty-four (24) months from the date of issuance of the
certificate of occupancy or the 'execution of the
lease-purchase agreement, whichever is later, the option to
purchase is exercised and the purchaser takes ownership of
the Dwelling Unit. If the purchaser fails to purchase the
Dwelling Unit within the twenty-four (24) month period, then
the waived or deferred Impact Fee must be repaid immediately
unless the Dwelling Unit is sold to another qualifying Owner.
(3} For owner-occupied Dwelling Units, the amount of
Impact Fees deferred shall be repaid to the County upon the
sale or transfer to a non-qualified purchaser. If Impact
Fees -were paid with State Housing Initiatives Partnership
[SHIP] Program funds, repayment will be made to the Collier
County Affordable Housing Trust Fund. For rental units, the
Impact Fees deferred shall be repaid upon the discontinuance
of use of the Dwelling Unit as Affordable Housing or fifteen
(15) years from the issuance of a certificate of cccupancy,
whichever occurs first.
(4) For owner-occupied Dwelling Units where Impact
Fees have been waived, the Dwelling Unit must be utilized by
the original qualifying Owner, or subsequent qualifying
purchaser, as Affordable Housing in compliance with Section
3.04 of this Ordinance for a fifteen (15) year period after
the certificate of occupancy is issued and if the Dwelling
Unit is sold to a non-qualifying purchaser, the Impact Fees
shall be repaid to the County. If Impact Fees were paid with
State Housing Initiatives Partnership [SHIP] Program funds, _ ... --
'A~enda ~ m
repayment will be made to the Collier County affordable NO-~
housing trust fund. MAY 2 5
(5) The deferred and/or waived Impact Fees shall be a
I~-- lien on the property which lien may be foreclosed upon in the
event of non-compliance v~ith I~ .~;~-~?~:ement~ of the.
agreement. The agreement described herein shall operate as a
lien against the Dwelling Unit. The lien shall terminate
upon the recording of a release or satisfaction of lien in
the public records of Collier County. In the case of a
waiver, such release or satisfaction shall be filed fifteen
years after the issuance of the certificate of occupancy
provided Owner acted in compliance with the agreement or upon
repayment. In the case of a deferral, such release shall be
recorded upon repayment.
(6) Annually, the Owner of a rental Dwelling Unit
shall provide to the County Manager an affidavit of
compliance with the criteria set forth in this Section. An
affidavit must be filed within thirty (30) days of the
anniversary date of the issuance of a certificate of
.~. occupancy. If the income of any unit rector which Driginally
qualified as very low or low income level as defined in
Appendix B exceeds the Affordable Housing benefit standards
set forth in Appendix B by more than forty percent (40%),
then the deferred Impact Fee shall become immediately due and
payable by the Owner or, in the alternative, the Owner shall
have ninety (90) days to comply with the Affordable Housing
standards set forth in Appendix B.
(7) Upon satisfactory completion of the agreement
requirements, the County shall record any necessary
documentation evidencing same, including, but not limited to,
a release of lien.
(8) In the event the Owner is in default under this
agreement, and the default is not cured within thirty (30)
days after written notice is provided to the Owner, the Board
may bring a civil action to enforce the agreement. The Board
shall be entitled to recover all fees and costs, including
attorney's fees and costs,. incurred by the Board in enforcing
judgments calculated on a calendar day basis until paid. MAY 2 5
(9) The agreement shall be binding upon the Owner's
successors and assigns.
(10) The agreement shall be recorded in the Official
Records of Collier County.
J. The amount of Impact Fee waivers and deferrals granted
pursuant to this Section shall be limited, in total, to the
amount appropriated by the Board at its final public hearing
regarding the adoption of the annual County budget and the amount
allocated to Impact Fee waivers or deferrals in the Collier
County Housing Assistance Plan, as established by County
Ordinance No. 93-19. All Impact Fees waived or deferred shall be
paid by the Board into the appropriate parks and recreational
facilities impact fee trust account within six (6) years from the
date of the award of a waiver and/or deferral as provided herein,
but in no event, later than that time when that amount is needed
for a project funded by those Impact Fees waived or deferred.
The Board shall pay into the appropriate parks and recreational
facilities impact fee trust account such amounts equal to any
Impact Fees previously waived or deferred by the Board, within
six (6) years from the date of such waiver, or deferral, but in
no event,-later than the time such amounts are needed for a
project funded by those Impact Fees waived or deferred. Waivers
and deferrals shall be issued in the order that completed
qualifying applications are received by the County Manager. At
least forty percent (40%) of the amount budgeted for Impact Fee
waivers and/or deferrals must be utilized to fund Impact Fee
waivers and/or deferrals for single iamily owner-occupied
Dwelling Units serving the very low and low income levels.
K. Any changes or amendments to Appendix B or the minimum
funding requirements adopted in this Section must occur as an
ordinance amendment at a public hearing of the Board of County
Commissioners occurring after 5:00 p.m.
L. No Affordable Housing waiver or deferral shall be
granted for a Parks and Recreational Facilities Impact
Construction project which consists of a Mobile Home.
Ordinance to the contrary, any Owner that develops an Affordable
26
Housing rental apartment complex consisting in whole or part of
Dwelling Units serving very low and/or low income levels and
meeting all requirements, and subject to all conditions, of
Section 3.04 shall be entitled to defer one hundred percent
(100%) of the Impact Fees applicable only tc ~=~.ch renta~ Dwelling
Units serving very low and/or low income levels if: (i) all such
deferred Impact Fees are paid on or before the end of six (6)
years from the date such Impact Fees are deferred; and (ii) the
rental apartment development shall remain Affordable Housing
qualified {under Section 3.04 of this Ordinance) for a minimum of
15 years.
N. The Board, in its discretion, may agree by Resolution to
subordinate its lien for Impact Fees to a primary lender and/or
government funded affordable housing loan such as SAIL or HOME
loan if Owner can demonstrate that a subordination is necessary
to obtain financing and, in the case of rental Dwelling Units, if
the Owner provides additional security satisfactory to the County
such as additional or substitute collateral in the form of cash
or cash equivalent financial instruments which will yield the
full amount of the deferred impact fees an ~e ~xpiratr~on of the
period of the deferral.
Section 3.05. Alternative Collection Method.
In the event the Park Impact Fees are not paid prior to the
issuance of a Building Permit for the affected Parks and
Recreational Facilities Impact Construction, the County shall
proceed to collect the Park Impact Fees as follows:
A. The County shall serve, by certified mail, return
receipt requested, a "Notice of Impact Fee Statement" upon the
Applicant at the address set forth in the application for
Building Permit, and the Owner at the address appearing on the
most recent records maintained by the Property Appraiser of the
County. The County shall also attach a copy of the "Notice of
impact Fee Statement" to the Building Permit posted at the
affected Parks and Recreational Facilities Impact Construction
site if the Building is under construction. Service shall be ' . _
deemed effective on the date the return receipt indicates the ~0.~~
27
date said notice was attached to the Building Permit, whichever
occurs first. The "Notice of Impact Fee Statement" shall contain
the legal description of the property and shall advise the
Applicant and the Owner as follows:
1. The amount due and the general purpose for which
the Park Impact Fees were imposed;
2. That a hearing pursuant to Section 3.07 may be
requested within 30 calendar days from the effective date of
service of the Notice of Impact Fee Statement, by making
application to the Office of the County Manager.
3. That the Park Impact Fees shall be delinquent if
not paid and received by the County within 30 calendar days
of the effective date of service of ~e Wetlee of impact Fee
Statement, excluding the date of receipt or if a hearing is
not requested pursuant to Section 3.07, and, upon becoming
delinquent, shall be subject to the imposition of a
delinquent fee and interest on the unpaid amount until paid;
and
4. That in the event the Park Impact Fees become
delinquent, a lien against the property for which the
Building Permit was secured shall be recorded in the Official
Records Book of the County.
B. The Park Impact Fees shall be delinquent if, within 30
calendar days from the effective date of service of the Notice of
Impact Fee Statement, neither the Impact Fees have been paid and
received by the County, nor a hearing is requested pursuant to
Section 3.07. In the event a hearing is requested pursuant to
Section 3.07, the Impact Fees shall become delinquent if not paid
within 30 days from the date the Board determines the amount of
Impact Fees due upon the conclusion of such hearing. All time
periods contained within this Ordinance shall be calculated on a
calendar day basis, including Sundays and legal holidays, but
excluding the effective date of service of the Notice of Imp.act
Fee Statement, or the date of the Board's decision in the event
of an appeal. In the event the due date falls on a Sunday or
legal holiday, the last due date prior to becoming delinquent, ~-=. _ ,
IMAY
28 P9 ·
delinquency fee equal to 10% of the total Impact Fee imposed
shall be assessed. Such total Impact Fee, plus delinquency fee,
shall bear interest at the statutory rate for final judgments
calculated on a calendar day basis, until paid.
C. Should the Park Impact Fees become delinquent as set
forth in Subsection B, the County shall serve, by certified mail
return receipt requested, a "Notice of Lien" upon the delinquent
Applicant, if the Building is under construction at the address
indicated in the application for the Building Permit, and upon
the delinquent Owner at the address appearing on the most recent
records maintained by the Property Appraiser of the County. The
Notice of Lien shall notify the delinquent Applicant and
delinquent Owner that due to their failure to pay the Park Impact
Fees, the County shall file a Claim of Lien with the Clerk of the
Circuit Court.
D. Upon the mailing of the Notice of Lien, the County
Attorney shall file a Claim of Lien with the Clerk of the Circuit
Court ~or recording in the Official Records of the County. The
Claim of Lien shall contain the legal description of the
property, the amount of the delinquent Impact Fee and the date of
its imposition. Once recorded, the Claim of Lien shall
constitute a lien against the property described therein. The
County Attorney shall proceed expeditiously to collect, foreclose
or otherwise enforce said lien.
E. After the expiration of one year from the date of
recording of the Claim of Lien, as provided herein, a suit may be
filed to foreclose said lien. Such foreclosure proceedings shall
be instituted, conducted and enforced in conformity with the
procedures for the foreclosure of municipal special assessment
liens, as set forth in Chapter 173, Florida Statutes, which
provisions are hereby incorporated herein in their entirety to
the same extent as if such provisions were set forth herein
verbatim.
F. The liens for delinquent Impact Fees imposed hereunder
shall remain liens, coequal with the lien of all state, county,
district and municipal taxes, superior in dignity to all other '~Mf~~
filed liens and claims, until paid as provided hcrein.
MAY 2 5 1999
G. The collection and enforcement procedures set forth in
the Section shall be cumulative with, supplemental to and in
addition to, all other applicable procedures provided in any
other ordinances or administrative regulations of the County or
any applicable law or administrative regulation of the State of
Florida. Failure of the County to follow the procedure set forth
in this Section shall not constitute a waiver of its rights to
proceed under any other ordinances or administrative regulations
of the County or any applicable law or administrative regulation
of the State of Florida.
Section 3.06. Developer Contribution Credit.
A. The County shall grant a credit against the Park Impact
Fees imposed pursuant to Section 2.01, for the donation of land
or for the construction of any park or recreational facilities or
improvements and additions thereto made to the County Park System
required pursuant to a development order or made voluntarily in
connection with Parks and Recreational Facilities Impact
Construction. Such land donation and construction and
improvement shall be subject to the approval of the Board and
shall be ~n integral part of and a necessary accommodation to an
existing or contemplated Community or Regional Park.
B. The amount of Developer Contribution Credit to be
applied shall be determined at the time that the Park Impact Fees
are paid according to the following standards of valuation:
!. The value of the credit due to the developer as a
result of a donation to Collier County of an
easement or a fee simple estate in land shall be
calculated in accordance with Section 2.7.2.8.1,
Collier County Land Development Code, entitled
"Dedication of the publi~ faciliUies and
development of prescribed amenities", as it may be
amended from time to time, or its successor
provision; and
2. The cost of anticipated construction of parks and
recreational facilities improvements to the County
Park System shall be based upon cost estimates
certified by a professional architect or engineer.
C. Prior to issuance of a building permit the Applicant
"' shall submit to the County Manager a proposed plan and estimate
of costs for contributions to the County Park System. The.
proposed plan and estimate shall include:
1. A designation of the Parks and Recreational
Facilities Impact Construction for which the
proposed plan is being submitted;
2. A legal description of an~ ien~i proposcd to be
donated and a written appraisal prepared in
conformity with subsection B.1. of this Section;
3. A list of the contemplated park and recreational
facilities improvements contained within the plan;
4. An estimate of proposed construction costs
certified by a professional architect or engineer;
and
5. .A proposed time schedule for completion of the
proposed plan.
---- D. Upon receipt of the proposed plan, the County Manager
shall schedule a hearing before the Bcard at a regularly
scheduled meeting or a special meeting called for the purpose of
reviewing the proposed plan and shall provide the Applicant or
Owner written notice of the time and place of the hearing. Such
hearing shall be held within thirty (30! ~ys ef the date the
proposed plan was submitted.
E. The Board shall determine:
1. If such proposed plan of construction is in
conformity with contemplated parks and recreational
facilities additions to the County Park System;
2.If the proposed plan is consistent with the public
interest; and
3. If the proposed construction time schedule for the
completion of the plan is consistent with the
County's capital improvement program for the County
Parks System.
The decision of the Board as to whether to accept the
proposed plan of donation or construction shall be in ~'~end'a
~0~ .
writing and issued within ten (10) working days of the
31
-
review. A copy shall be provided to the Applicant.
Upon approval of a proposed plan of construction, the
Board shall determine the amount of construction credit
based upon the above standards of valuation and shall
approve the timetable for completion of construction.
F. All construction cost estimates shall be based upon, and
all construction plans and specifications shall be in conformity
with the parks and recreational facilities construction standards
of the County. All plans and specifications shall be approved by
the Parks and Recreation Director prior to commencement of
construction.
G. Any Developer Contribution Credit granted from the
regional park component of the Impact Fee shall only be for those
donations or contributions made to a Regional Park.
H. Any Developer Contribution Credit granted from the
Community Park component of the Impact Fee ~ball only be for
those donations or contributions made to a Community Park.
I. Any Applicant who submits a proposed plan pursuant to
this Section and desires the immediate issuance of a Building
Permit shall pay prior to or at the time the request for hearing
is filed the applicable Park Impact Fees. Said payment shall be
deemed paid under "Protest" and shall not be construed as a
waiver of any review rights. Any difference between the amount
paid and the amount due, as determined by the Board, shall be
refunded to the Applicant or Owner.
J. In the event the amount of developer contribution
determined to be applicable by the Board pursuant to an approved
plan of construction exceeds the total amount of Impact Fees due
by the Applicant based upon the contemplated improvements to the
County Park System proposed by the Applicant, the County shall
execute with the Applicant an agreement for future reimbursement
of the excess of such contribution credit from future receipts by
the County of the Impact Fees. Such agreement of reimbursement
shall not be for a period in excess of five years from the date
of completion of the approved plan of construction and shall ~
gen '~a te
at the end of such five year period.
32
Section 3.07. Review Hearings.
A. An Applicant or Owner who is required to pay a Park
Impact Fee pursuant to Section 2.01, shall have the right to
request a review hearing.
B. Such hearing shall be limited to the review of the
following:
1. The application of the Park Impact Fee pursuant to
Section 2.01.
2. A Vested Rights determination under Section 3.03.
3. The denial of an Affordable Waiver or Authorization
for Deferral pursuant to Section 3.04.
C. Such hearing shall be requested by the Applicant or
Owner within thirty (30) days of the date of first receipt of the
following:
1. Notice of Impact Fee Statement;
2. A Vested Rights determination;
3.The denial of an Affordable Housing Waiver or
Authorization for Deferral.
Failure to request a hearing within the time provided shall be
deemed a waiver of such right.
D. The request for hearing shall be fij~ with Lhe Office
of County Manager and shall contain the following:
1. The name and address of the Applicant or Owner;
2. The legal description of the property in question;
3. If issued, the date the Building Permit was issued;
4. A brief description of the nature of the
construction being undertaken pursuant to the
Building Permit;
5.If paid, the date the Park Impact Fee was paid; and
6. A statement of the reasons why the Applicant or
Owner is requesting the hearing.
E. Upon receipt of such request, the County Manager shall
schedule a hearing before the Board at the regularly scheduled ~
meeting or a special meeting called for the purpose of conducting
MAY 2 5 1999
33 ~-
the hearing and shall provide the Applicant or Owner written
notice of the time and place of the hearing. Such hearing shall
be held within forty-five (45) days of the date the request for
hearing was filed.
F. Such hearing shall be before the Board and shall be
conducted in a manner designed to obtain all information and
evidence relevant to the requested hearing. Formal rules of
civil procedure and evidence shall not be applicable; however,
the hearing shall be conducted in a fair and impartial manner
with each party having an opportunity to be heard and to present
information and evidence.
G. Any Applicant or Owner who requests a hearing pursuant
to this Section and desires the immediate issuance of a Building
Permit, or if a Building permit has been issued without the
payment of the Park Impact Fee, shall pay prior to or at the time
the request for hearing is filed the applicable Impact Fees
pursuant to Section 2.01. Said payment shall be deemed paid
under "Protest" and shall not be construed as a waiver of any
review rights.
H. An Applicant or Owner may request a hearing under this
Section without paying the applicable Impact Fee but no Building
Permit shall be issued until such Impact Fees are paid in the
amount initially calculated or the amount approved upon
completion of the review provided in this Section.
Section 3.08. Review Requirement.
A. This Ordinance and the Impact Fee Study shall be
reviewed by the Board initially in connection with its approval
of the capital improvements element of its Comprehensive Plan as
required by Section 163.3177, Florida Statutes. Thereafter, this
Ordinance and the Impact Fee Study shall be reviewed at least
every three years. The initial and each review shall consider
new estimates of population and ot~ler socioeccncmic data; changes
in construction, land acquisition and related costs and
adjustments to the assumptions, conclusions or findings set forth
in the study adopted by Section 1.04. The purpose of this review
is to evaluate and revise, if necessary, the Park Impact Fee to ~"I
MAY 2 5 ]
associated with the improvements and additions necessary to
offset the demand generated by the Parks and Recreational
Facilities Impact Construction on the County Park System. In the
event the review of the Ordinance required by this Section alters
or changes the assumptions, conclusions and findings of the study
adopted by reference in Section 1.04, revises or changes the
County Park System or alters or changes the amount of Impact
Fees, the study adopted by reference in Section 1.04 shall be
amended and updated to reflect the assumptions, conclusions and
findings of such reviews and Section 1.04 shall be amended to
adopt by reference such updated studies.
B. Simultaneous with the review of the Impact Fee Study
required in Subsection A of this Section, the Board shall review
the capital improvements element of the availability and adequacy
of revenue sources to construct improvements and additions to the
County Park System determined in the Impact Fee Study to be
required to accommodate existing development.
Sectio~ 3.09. Declaration of Exclusion from Administrative
Procedures Act.
Nothing contained in this Ordinance shall be construed or
interpreted to include the County or any municipality in the
County in the definition of Agency contained in Section 120.52,
Florida Statutes, or to otherwise subject the county or any
municipality in the County to the application of the
Administrative Procedures Act, Chapter 120, Florida Statutes.
This declaration of intent and exclusion shall apply to all
proceedings taken as a result of or pursuant to this Ordinance
including specifically, but not limited to, consideration of a
petition for Vested Rights determination under Section 3.03, a
determination of entitlement to an Impact Fee Waiver or
Authorization for Deferral pursuant to Section 3.04, and a review
hearing under Section 3.07.
Section 3.10. Repeal of County Ordinances.
Collier County Ordinance No. 88-96, as amended by Ordinance
No. 91-39, as amended by Ordinance No. 92-29, as amended by
Ordinance No. 92-97, as amended by Ordinance No. 93-52, as
amended by Ordinance No. 94-6, as amended by Ordinance No. 94-17,
as amended by Ordinance No. 94-50, as amended by Ordinance No.
95-23, as amended by Ordinance No. 96-19, as amended by Ordinance
No. 99-23, is hereby repealed in its entirety.
Section 3.11. Inclusion in 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 ren,jmbered or
~elettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
Section 3.12. Severability.
If any clause, section or provision of this Ordinance shall
be declared unconstitutional or invalid for any reason or cause,
the remaining portion of said Ordinance shall be in full force
and effect and be valid as if such invalid portion thereof had
not been incorporated herein. In the event it is held or
construed by any court of competent jurisdiction that the County
does not possess the power or authority to impose the Park Impact
Fee within municipal areas or that the imposition of the Park
Impact Fees within municipal areas is declared invalid or
unconstitutional for any purpose, such declaration of
unconstitutionality or invalidity shall not affect the validity
or constitutionality of the imposition of the Park Impact Fee in
the unincorporated area of the County and it is the intent of the
County, in such event, that such imposition of Impact Fees in the
unincorporated areas remain valid and in force.
Section 3.13. Effective Date.
This Ordinance shall become effective upon filing with the
Florida Department of State.
DULY ADOPTED in regular session, this day of
, 1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
(SEAL)
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
h:p~lic/hg/hfa/ord/5/99 Impact Fees - Parks and Recreation Option 1
M
37
Option 2
IMPACT FEE RATES
Regional Community lotal Park
Component Component Impact Fee
Unincorporated $176.33 $558.63 $734.96
City of Naples 176.33 0 176.33
City of Marco Island 176.33 0 176.33
City of Everglades City 176.33 0 176.33
,---- APPENDIX B
AFFORDABLE HOUSING DEFINITIONS. BENEFIT
STANDARDS. AND LIMITATIONS
The following set forth the applicable definitions and benefit standards for
Affordable Housing Dwelling Units for the purpose of determining eligibility for Impact Fee
waivers and deferrals (herein referred to as "benefits").
I. DEFINITIONS OF AFFORDABLE HOUSING INCOME GROUPS
a) Very low income families means those families whose incomes do not exceed
fifty percent (50%) of the median income for the area as determined by the Secretary of
the U.S. Department of Housing and Urban Development (area median income).
b) Low income families means those families whose incomes are more than fifty
percent (50%) and do not exceed sixty percent (60%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
c) Moderate income families means those families whose incomes am more than
sixty percent (60%) and do not exceed eighty percent (80%) of the area median income as
determined by the Secretary of the U.S. Department of Housing and Urban Development
(area median income).
For a Dwelling Unit to be determined to be affordable, the monthly rent or monthly
mortgage payment, including property taxes and insurance shall not be in excess of thirty
..~ percent (30%) of the families household income. In no instance will rental limits exceed
he rental limits established by the Florida Housing Finance Agency for rents adjusted to
oedroom size in projects assisted under the SAIL Loan Program or the Low Income
Housing Tax Credit Program based on unit size.
II. BENEFIT STANDARDS
a) Affordable Housing owner-occupied Dwelling Units which exclusively serve very
low income families and which are the owner"s homestead shall have one hundred percent
(100%) of the applicable Impact Fee waived pursuant to the terms of the Impact Fee
Ordinance.
b) Affordable Housing rental Dwelling Units which exclusively serve very low
income families shall have one hundred percent (100%) of the applicable Impact Fee
deferred pursuant to the terms of the Impact Fee Ordinance.
c) Affordable Housing owner-occupied Dwelling Units which exclusively serve
low-income families and which are the owner's homestead shall have fifty percent (50%) of
the applicable Impact Fees waived and have fifty percent (50%) of the applicable Impact
Fee deferred pursuant to the terms of the Impact Fee Ordinance.
d) Affordable Housing rental Dwelling Units which exclusively serve low income
families shall pay fifty percent (50%) of the applicable Impact Fee, and shall have fifty
percent (50%) of the applicable Impact Fee deferred, pursuant to the terms of the Impact
Fee Ordinance.
e) Affordable Housing owner-occupied Dwelling Units which exclusively serve
moderate income families and which are the owner's homestead shall be required to pay
twenty-five percent (25%) of the applicable Impact Fee, and shall have seventy-five
""gercent (75%) of the applicable Impact Fee deferred pursuant to the terms of the Impact
ee Ordinance.
f) Parks and Recreational Facilities Impact Construction which meets the criteria
set forth in Subsections b and c of Section 3.04 constructed by an Agency of Collier
County or by an Independent Governmental Agency pursuant to an interlocal agreement
with Collier County and which construction is one hundred percent (100%) government
funded shall have one hundred percent (100%) of the Impact Fees for that construction
waived, pursuant to the terms of the Impact Fee Ordinance.
NOTE: An Amendment to the Appendix shall require a public hearing of the Board of
County Commissioners occurring after 5:00 p.m.
MAY 2 5 ' B<39
EXECUTIVE SUMMARY
BOARD APPROVAL OF AN ORDINANCE PROVIDING FOR THE REIMPOSITION
AND EXTENSION OF LEVY OF THE SIX CENTS LOCAL OPTION FUEL TAX UPON
EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COLLIER
COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA
STATUTES.
OBJECTIVE: Board approval for the adoption of an ordinance providing for the reimposition
and extension of levy of the Six Cents Local Option Fuel Tax
CONSIDERATIONS: Section 336.025, Florida Statutes, authorizes the County to levy a Six
Cents Local Option Fuel Tax.
The Board of County Commissioners adopted Ordinance No. 89-27 on May 9, 1929, pursuant to
Section 336.025, Florida Statutes, providing for the imposition of the Six Cents Local Option
Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under
the provision of Chapter 206, Florida Statutes. The levy of the Six Cents Local Option Fuel Tax
will otherwise expire on August 31, 1999, pursuant to Ordinance 89-27.
Section 336.025, Florida Statutes, provides that levies of the local option fuel tax which were in
effect on July 1, 1996, and which will expire on August 31 of any year may be reimposed
effective September 1 of the year of expiration. Upon expiration, the tax may be relevied
provided that a redeterminaton of the method of distribution is made as provided in Section
336.025, Florida Statutes. The tax may be extended by an ordinance adopted by a majority vote
of the Board of County Commissioners.
The statutory limit for the Six Cent Local Option Fuel Tax is a term of thirty years. Between
Ordinance 85-38 and Ordinance 89-27, Collier County has used 14 of the allotted 30 years,
leaving a maximum available renewal period of 16 years. On April 27, 1999 the Board directed
the County Attomey's Office to prepare an ordinance for advertisement, using the maximum
available renewal period of 16 years.
Section 336.025(3)(a)1, Florida Statutes, provides that the County may establish by interlocal
agreement with one or more of the municipalities located therein, representing a majority of the
population of the incorporated area of the County, a distribution formula for dividing the eniire
proceeds of local option fuel tax among the county govemment and all eligible municipalities
within the County by June 1, 1999. If before June 1, 1999, an interlocal agreement has not been
executed, prior to June 10, 1999 the County may adopt a resolution of intent to levy the Six Cent
Local Option Fuel Tax.
Collier County has adopted a Five-Year Secondary Road Program to undertake needed County
arterial road projects. The Collier County Growth Management Plan and the Annual Update and
Inventory Report (AUIR) are predicated on gas tax revenues, including the Six Cent Local
Option Fuel Tax, being available to continue current and planned road improvements. Delays in
undertaking specific roadway improvements outlined in the Secondary Road Program due to
insufficient gas tax revenues will result in increased road construction expenditures and result in
a decrease in the level of road service on County arterial roadways.
FISCAL IMPACT: The Six Cent Local Option Fuel Tax is expected to generate $4,892,600 in
FY 99, with funds being allocated to road construction efforts accounted for in the gas tax
supported Roads CIP Fund (3 13). Future year revenues generated from this source are estimated
to increase 3% annually.
GROWTH MANAGEMENT IMPACT: The Six Cent Local Option Fuel Tax is a principal
revenue source of the Transportation Element in the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the adoption of an ordinance providing for the reimposition and extension of levy of
the Six Cents Local Option Fuel Tax, for a period of 16 years expiring August 31, 2015.
Submitted by: /Z4 _5~. -- DATE: 5"~t/'~ ~ ,,~
Michael Smykowski, OMB Director
Reviewed by: ~ g ~ DATE:
David C. Weigel, CSount~ttorney
Reviewed by: Ro~bert/F~ DATE:
/ County Administrator
,-,, AGEI4DA ~TLr,,~
No.__Z~ _G_~,.'~j
I ORDINANCE NO. 99-
2
3 ORDINANCE PURSUANT TO SECTION 336.025, FLORIDA
4 STATUTES, PROVIDING FOR THE REIMPOSITION AND
5 EXTENSION OF LEVY OF THE SIX CENTS LOCAL OPTION
6 FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND
7 DIESEL FUEL SOLD IN COLLIER COUNTY AND TAXED
8 UNDER THE PROVISIONS OF CHAPTER 206, FLORIDA
9 STATUTES; PROVIDING FOR TITLE AND CITATION;
I0 PROVIDING FINDINGS AND PURPOSE; PROVIDING THE
1~ EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF
12 LOCAL OPTION FUEL TAX AND DURATION; PROVIDING FOR
13 COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEL
14 TAX AND PROVIDING FOR USE OF LOCAL OPTION FUEL
15 TAX REVENUES; PROVIDING FOR INCLUSION IN THE CODE
16 OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
17 AND SEVERABILITY; PROVIDING FOR SUPERSEDING OF
18 ORDINANCE NO. 8%27; AND PROVIDING AN EFFECTIVE
19 DATE.
20
21 WHEREAS, Section 336.025, Florida Statutes, provides for the levy of up to six cents
22 local option fuel tax upon every gallon of motor fuel and diesel fuel sold in a county and taxed
23 under the provisions of Chapter 206, Florida Statutes; and
24 WHEREAS, Collier County imposed the six cents local option fuel tax by the adoption of
25 Ordinance No. 89-27, known as "Collier County Six Cents Local Option Gas Tax Ordinance;"
26 and
27 WHEREAS, Section 336.025, Florida Statutes, provides that levies of the local option
2S fuel tax which were in effect on July 1, 1996, and which expire on August 31 of any year may be
29 reimposed effective September 1 of the year of expiration; and
30 WHEREAS, upon expiration, the tax may be relevied provided that a redetermination of
31 the method of distribution is made as provided in Section 336.025, Florida Statutes; and
32 WHEREAS, such tax levied pursuant to Section 336.025, Florida Statutes, may be
33 extended by adoption of an ordinance on a majority vote of the governing body of the county;
34 and
35 WHEREAS, Collier County has adopted a Five-Year Secondary Road Program to
36 undertake needed County arterial road projects; and
37 WHEREAS, preparation of Fiscal Year 1999-2000 budgets confirms the need of fuel tax
38 revenues to continue current and planned road improvements; and
39 WHEREAS, delays in undertaking specific roadway improvements outlined in the
40 Secondary Road Program due to insufficient fuel tax revenues will result in increased road
41 construction expenditures and result in a decrease in the level of road service on County arterial
42 roadways; and
43 WHEREAS, it is determined by the Board of County Commissioners of oli] AGENDA ITEM
C ler Co~ 1.~ C
44 that the levy of the Six Cents Local Option Fuel Tax upon every gallon of motor fuelland diesel
1 fuel sold in Collier County is necessary to fund construction of transportation facilities, and
__. 2 repair and maintenance of transportation facilities, all of which are necessary to promote the
3 public health, safety, and welfare of the citizens of and visitors to Collier County, Florida.
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
6 SECTION I: TITLE AND CITATION
7 This Ordinance shall be known and cited as the "Collier County Six Cents Local Option
8 Fuel Tax Ordinance."
9 SECTION 2: FINDINGS AND PURPOSE
I0 It has been determined by majority vote of the Board of County Commissioners of
11 Collier County, Florida, that the levy of the Six Cents Local Option Fuel Tax on every gallon of
12 motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206,
13 Florida Statutes, is necessary to fund major transportation facilities and improvements and to
14 repair and maintain existing transportation facilities. The levy of the Six Cents Local Option
15 Fuel Tax is determined to be necessary to promote the public health, safety, and welfare of the
16 citizens of and visitors to Collier County, Florida.
17 SECTION 3: LEVY OF THE LOCAL OPTION FUEL TAX
~ 18 There is hereby established, levied and imposed the Six Cents Local Option Fuel Tax
19 upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the
20 provisions of Chapter 206, Florida Statutes, as provided in Section 336.025, Florida Statutes.
21 SECTION4: EFFECTIVE DATE OF REIMPOSITION AND EXTENSION OF
22 LOCAL OPTION FUEL TAX AND DURATION
23 The Six Cents Local Option Fuel Tax shall be extended effective September 1, 1999 for a
24 period of sixteen (16) years to expire on August 31,2015.
25 SECTION5: COLLECTION AND DISTRIBUTION OF LOCAL OPTION FUEl,
26 TAX: USE OF LOCAL OPTION FUEL TAX REVENUES
27 The Six Cents Local Option Fuel Tax shall be collected in the same manner as all other
28 fuel taxes pursuant to Chapter 206, Florida Statutes. The distribution of the local option fuel tax
29 revenues shall be pursuant to interlocal agreement with one or more of the municipalities located
30 within Collier C6unty representing a majority of the population of the incorporated areas within
3I Collier County, which interlocal agreement shall provide a distribution formula for dividing the
32 entire proceeds of the tax among Collier County and all eligible municipalities within Collier
33 County. If an interlocal agreement is not executed pursuant to Section 336.025, Florida Statutes,
.-.---. 34 prior to July 1, 1999, the proceeds of the tax shall be distributed among Collier CoLms-y-aad.-~
ayea CGENDA ITEM
35 eligible municipalities based on the transportation expenditures of each for the five ~s I F ~, ~
36 preceding the year in which the tax is authorized, as a proportion of the total of such expejnditures
2 5 1999
Page 2 or3 i q
1 for Collier County and all municipalities within Collier County, pursuant to the provisions of
2 Section 336.025, Florida Statutes.
3 The revenues from the Six Cents Local Option Fuel Tax shall be used for "transportation
4 expenditures" as provided in Section 336.025, Florida Statutes.
5 SECTION 6: INCLUSION 1N THE CODE OF LAWS AND ORDINANCES
6 The provisions of this Ordinance shall become and made a part of the Code of Laws and
7 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
8 lettered to accomplish such, and the word "ordinance may be changed to "section", "article", or
9 any other appropriate word.
tO SECTION 7: CONFLICT AND SEVERABILITY
11 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
12 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
13 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
14 separate, distinct and independent provision and such holding shall not affect the validity of the
15 remaining portion.
16 SECTION 8: SUPERSEDE
17 This Ordinance supersedes Ordinance No. 89-27, adopted on May 9, 1989, upon its
18 termination on August 31, 1999.
19 SECTION 9: EFFECTIVE DATE
20 This Ordinance shall become effective upon filing with the Department of State.
21 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
22 County, Florida, this day of ., 1999.
23
24 BOARD OF COUNTY COMMISSIONERS
25 ATTEST: OF COLLIER COUNTY, FLORIDA
26 DWIGHT E. BROCK, CLERK
27
28
29 By: By:
30 PAMELA S. MAC'KIE, CHAIRWOMAN
31
32
33 Approved as to form and
34 legal sufficiency: ~ ~
36
37 David C. Weigel
3S County Attorney
39
40 h:ew/ordinances/1999/Six Cenl Local Option fuel Tax
AGENDA ITEM
No. i),, c.
lIAV 2 5 1999
3301 East Tamiami Trail · Naples, Rodda 341124977
John C. Norris (941) 774-8097 ° Fax (941) 774-3602
Disthct 1
James D. Carter. Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S, Mac'Kie
District 4
Barbara B. Berry
District 5
May 25, 1999
The Honorable John Ellis Bush, Governor
The State of Florida
PL-01, The Capitol
Tallahassee, Florida 32399
Re: Veto of SB 3 18 - Intangibles Tax / County Revenue Sharing
Dear Mr. Bush:
The Board of County Commissioners, Collier County, respectfully requests that you VETO
Senate Bill 318, the Intangibles Tax / County Revenue Sharing program. The argument that the
reduction in the Florida Retirement System Rates will offset the loss of this revenue is
unjusti~able. The surplus that has allowed the FRS rates to be reduced is a result of the
Counties' contributions to the FRS for the past 27 years, not the States. To imply that the State
is saving the Counties money is erroneous. These savings should be passed onto the taxpayers
for their years of overpayment.
The elimination of this program will represent a loss of approximately $1.8 million dollars for
next fiscal year and an immediate shortfall during the last quarter of this fiscal year. Collier
County uses revenue sharing funds to pay debt services on an existing capital improvement bond
and to offset General Fund costs of government activities such as la~v enforcement, parks and
recreation, public health, and libraries. The FRS savings should not be the justification to
eliminate the County Revenue Sharing from the Intangibles Tax program. Please veto Senate
Bill 318.
Respectfully Yours,
Board of County Commissioners,
Comer County M. 'f 2
~5,'17.'~ 17:89 FL ASSOC OF COUNTIES + CCLLIER :C.221 PeOi. CC~
FLORIDA Ill
ASSOCIATION
OF COUNTIES
I I II _l_l_ _: __ I_1 IlL III
URGENTIll DISTRIBUTE IMMEDIATELYIll
TO: County Commissioners
County Administrators
Coun(y Lobbyists
FROM: Mary Kay Cariseo, Deputy Executive Director
DATE: May 17.1999
RE: Correspondence to the Governor regarding SB 318 - Intangibles Tax/County
Revenue Sharing
' I I II .... L_ __"':" '1/ I __ I .... IIIII III
The Tax Reduction Conference Repon was approved by the House and Senate and awaits the
Governor's signature, SB 318 which deals primarily with the intangibles tax reduction does not
include a "hold harmless" provision for the County Revenue Sharing Program. SB 318 would
reduce county revenue sharing by $101.5 million or 25 percent.
The Florida Association of Counties (FAC) is encouraging counties to express their
displeasure and write letters requesting the Governor to veto SB 318. Attached is a letter
signed by Commissioner Rudy Maloy, FAC President, on behalf of FAC and a table
iljustrating a county-by-county analysis. In addition, the following list highlights some
key talk points:
' Reducing county revenue sharing is a separate policy issue from reducing state
taxes. The FAC is not opposed to Intangibles lax cuts. However. the FAC does not
believe that the slate should eliminate its commitment to county revenue sharing.
. The bill as proposed would reduce county revenue sharing by $101 .S million. This
represents 25 percent of the revenue sharing progem.
· The state should pay for the intangibles tax cuts out of increases (not growth
revenues. but tax Increases) In the intangibles tax. The state increased the
intangibles tax twice In the last 10 years and earmarked the Increased revenues
into their general fund. Tax cuts should be paid back out of these Increases In the
staro's general revenue.
· The state should not spend county FRS savings, nor should they prevent counties
from returning such savings to the property taxpayers. Of the $260 million, in FRS
savings, 80% or $208 million is the elimination of a subsidy for the teachers portion
of the unfunded liability that counties helped the state payoff.
If you have any questions, please contact John Wayne Smith at the FAC office.
Attachments
P.O. Box 549 I Tallahassee, FL 32302 t (850) 922-4300 I FAX (850) 488-7192
05,'~7,"99 17:09 FL ~SSOC OF COU[~TiES + C3w~iSR '~2.X22 ~2.2'-_:
P.O. Bo~ 5,~9 / T~llah~s~ee, F;orida 32302
Phone: 850/922.4300 Juneore: 292d3~ FAX: 850/488.750
May 7. 1999
The Honorable John Ellis Bush. Governor
The State of Fioricla
PL-01, The Capitol
Tallahassee, Florida 32399
RE: 8B 318 - Intangibles TaxiCounty Revenue Shartng
Dear Governor Bush:
On behalf of Florido's 67 counties, t would like to congratulate you on your leadership to reduce
the state tax burden on Florido's citizens and businesses and still meet the needs of our great
state. Regrettably however, I must inform you of our disappointment in the Legislature's
decision to not follow eel of the principles you used in developing a tax reduction package.
Specifically. regarding the reduction in the staro's intangibles tax inclucled in CSISB 318. The
intangibles tax reduction of $265.3 million. represents a reduction of $95.5 million (or 25%) to
t~.e County Revenue Sharing Program.
The Florida Association of Counties (FAC) opposes CS/SB 318 and respectively request
that you exercise your veto authority for the following reasons:
Fiscal responsibility
One of the primary guiding principles of the FAC is that responsible fiscal policy requires that
pubiic sector programs and policies should be funded by that governmental entity that creates
such programs or makes such policies. It becomes impossible to manage the public dollarwhen
one government directly or indirectly controls the fiscal policy of another lever of government.
It is truly unfortunate and should have been unnecessary to make this request. In a year where
the state was able to provide $1 .O billion in tax relief aria the state's budget grew from $45-3
billion to $48.9 billion, it is unconscionable that the Legislature would decrease county revenue
sharing by 25 percent. The state budget process allowed the Legislature to allocate revenues
for their tax reduction package. County budgets did not get to go through t~is exercise.
Funnermore, because counties are on a different fiscal cycle, the reduction in revenue sharing
will impact the last quarter of their current budget.
State commitment to revenue sharing
Prior to 1972, the intangibles tax was primarily a local revenue source. In 1972, the
administrative responsibilities were transferred to the Department of Revenue end the County
05/17/99 17:10 FL ASSOC OF COUNTIES + COLLIER
Letter to Governor Bush
May 7. 1999
Page Two
Revenue Sharing Program was created as a mechanism to return revenues to the counties.
Since then the intangibles tax has become more of a state revenue source, as the state
continuously looked to this source for increased revenues. Over the last 10 years the
percentage earmarked for county revenue sharing has declined from 55 percent to 37.3 percent,
allowing the state to spend a majority of the increased revenues. The distribution ef revenues
to counties is based on three public policies: 1) to provide revenue parity; 2) reduce the
dependence on rear properly taxes; and 3) provide a consistent and bondable revenue source
for infrastructure end capital projects,
Florida Retirement Sy=tem
Many legislative leaders have attempted to rationalize this reduction in revenue sharing by
pointing out that counties are estimated to receive $260 mill,on in savings from the recluctiens
in Florida Retirement System (FRS) employer contribution rates. Please note that there is not
and there never has been a relationship between FRS contributions and county revenue
sharing. Secondly, FRS contribution rates is a nonrecurring cost factor, while revenue sharing
is a recurring revenue source. Thirdly, the dolJars do not match up in a county budget. Roughly
25% of revenue sharing is a bondable revenue source used for capital outlay. The remaining
75% is used as general revenue. The FRS cost savings is spread throughout specific county
functions, including constjtutionaf officers and cannot be used as a direct offset for capital outlay
or the counties' general fund.
Furthermore, the revenue sharing reduction acts as a double mandate when tied to the FRS
issue. Counties were mandated in 1971 to participate in the newly created statewide retirement
system to help the state pay off the unfunded liability that existed in the educational employees
retirement system. For the past 27 years, over 80 percent of the counties contribution to the
unfunded liability has gone to offset education personnel costs. not county employment costs.
Rather than being released from this mandate, counties are penalized further as the Legislature
creates e recurring $100 million mandate.
In conclusion, Florido's county commissioners recognize the political difficulty of this request.
The Florida Association of Counties is not opposed to tax reductions. Last year, 18 counties
reduced their millage rates. However, as elected officials we believe fiscal policy shourd be
carried out responsibly and without fiscal illusions. At a minimum. provided you are unable to
meet this veto request, we would respectively request your assistance and leadership to find a
replacement for this revenue during the next Legislative Session.
Sincerely,
Rudy Maloy
Presiclent, Florida Association of Counties
Leon County Commissioner
RM/jws
17:18 FL ASSOC OF COUNTIES ~ COuL/ER
' ;2 '~ 7 Z!n~an.lb,e~ ZS" cut
~e
y~lk .~.59,010 ....7;p~_ ........ $~t!.5~2_e_
Brev. rd 458~035 4.23 $Z~625~043
:.~asco ..... 31~,788"~ ....... .
Sarasofa 311 ~043 S2~4_33~473
Escambia __;~9~135_ "' ~: ' .~z~46~364
Manalee ._ ~41 ~422 "~ ..... $~762~770
........ 6.15 " '$1,183,103
Marion 237,~0~ .........
Leon ~2J~714 .........
Alachua ' 208,125( 8.75
"Collie/ ...... 200,0~4'' ~:i6~ $1,ee2~se
~;~;~ I;~:;"=;~ .. ;~ ....
~ ' 144,884 "S:~" Ss34,eos
' ' '~ ................ '$964,402
Indian River 104~605 ~ 4.22
onroe 'S~:74~ .... ~ $727~496
~'hlands "' 79,~q~"' 8.50 ... $661,52q.
Putnam 70,243 .......a.4;
~mbi~ ."'..53,6q~ 8.~. ........
Nassau 62~740 6.73' $376e306
'~adsden ........49,~40"' 10,06 ...... $281:423~
.............................. 1265,~"
Sumlet ~366 10.00
....... ;:;~-, .....................
;:~; .--~ .~._. ~: ......
~e. ...... 2~ ......
'~arde'e' ...........~Z;"'~,~7 ~-~5
Baker . .21~138 9.11 $124,936
~a~or 1 s,184 . .j.oj $~ 20,662
Mediaon .~.9,035 ~0.O0 .
Wj~ulla ~a,~.._ ~o..q~, ..... ~.~.~7~5..
Holmel 17~609 8.12 $101,906
Gulf ~4,10~ 7.59 $!3,1~
J~e~on . .~ ~,S88 ~ 0.00
05/17/99 17:11 FL ASSOC OF COUNTIES 4 COLLIER k0.221
M!]]~_R~.... Nntang]b,e, TexCut
Gilchrlst '
~iin "' 1
~/aye~e .. ~36,463
r
EXECUTIVE SUMMAR Y
TO RESPOND TO THREE ISSUES THAT WERE RAISED BY THE CHMRWOMAN DURING THE
PRESENTATION OF THE 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT BY THE FINANCE
AND ACCOUNTING DEPARTMENTAND KPMG, LLP, ON TUESDAY APRIL 13, 1999.
OBJECTIVE: To respond to the three issues that were raised by the Chairwoman during the
presentation of the 1998 Comprehensive Annual Financial Report which was presented to the Board on
April 13, 1999 by the Finance and Accounting Department and KPMG, LLP.
CONSIDERATION: As highlighted in the previous paragraph, the Chairwoman raised three issues
during the presentation of the 1998 Comprehensive Annual Financial Report. Since the issues were raised
in a public format, it is our intent to respond in the same forum. The attached response, addressed to the
Chairwoman, has already been delivered to the Board and the County Administrator and is being provided
for the public today.
FISCAL IMPACT.' There is no fiscal impact related to this item.
GROW1H MANAGEMENT IMPACT: There is no growth management impact to this item.
RECOA/I?vlE~ZDA TION: This item is for informational purposes only with no action being recommended.
Prepared By: j~esL. lfTfl2'~f'/'; Date:
Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
~~neral Accounting Manager
NAo~ESND(~ ITEM
--- MAY 2 1999
MEMORANDUM
TO: The Honorable Pamela S. Mac'Kie
Chairwoman, The Collier County Board of County Commissioners
FROM: ,]A] James L. Mitchell, CIA, CFE, CBA
Director of Finance and Accounting
DATE: April 29, 1999
RE: Answers to Questions Raised Regarding the Antmal Financial Report
On Tuesday, April 13, 1999, the Finance and Accounting Department along with the Board's independent
audit firm, KPMG, LLP presented the fiscal year 1998 Comprehensive Annual Financial Report. At that
presentation, you had three issues that needed further explanation. Those issues along with the expanded
explanation are outlined below.
Issue One
During the presentation, representatives from KPMG stated that 54 percent of the revenues received during
fiscal year 1998 were derived from taxes. It was further stated that the taxes described included not only ad
valorem taxes, but also all tax revenue. Your request was to document the specific makeup of the tax
component of the revenues for that year.
Ihe Combined Statement of Revenues, Expenditures, and Changes in Fund Balance report located on page
eight of the General Purpose Financial Statements documents approximately $198.9 million of total
revenue. The breakdown of this number is as follows:
Revenue As a %
Revem~e Source Received of Total
Iaxes $106.8 53.70%
Licenses and Permits 8.5 7.27°/8
Intergovernmental Charges 39.4 19.81%
Charges for Services 13.6 6.84%
Fines and Forfeitures 4.9 246%
Interest Income 8.1 4.07%
Impact Fees 8.4 4.22°/8
Special Assessments 23 1.16%
Miscellaneous 6.8 3.42%
Total $198.9 100. 00%
(Note m ~lillions)
The tax component of the aforementioned revenue sources are further identified as follows:
Revenue As a %
Revenue Source Received of Total
Ad Valorem Iaxes $85.6 80.15%
Gas Taxes 10.3 9.64%
Tourist Development Taxes 7.9 7.40°/8
Cable Television Franchise Fees 1.6 1.50%
Other Miscellaneous Taxes 1.4 1.31%
Total Taxes $106.8 100. 00% NAO~ iE~_xND_/~f ITEM
(Note ill ,~tilltonsJ
MAY 2 5 1999
Tax Revenues
1% 7% 10o~/% nTourist Development
1 Yo :lGas Taxes
i rn CATV Franchise Fees
:rl Ad ValoremTaxes
81% · Other Msc, Taxes
]sslte Two
You requested the makeup of the Economic Environment expenditures, which equaled approximately $1.7
million or approximately 1 percent of the total expenditures for the fiscal cycle. The makeup of the
Economic Environment expenditures is as follows:
Amount As a %
Department Expended of Total
Veterans Services $161 9.75%
Housing and Urban Improvement 595 36.04%
State Housing Incentive Program 895 54.21%
Total Expenditures 81,651 100. 00%
6\'ote m thouscmd~)
Economic Environment Expenditures
10% i DVeterans Service
· Housing and Urban
54% 36% Imp.
n State Housing
Incentive Prog.
Issue Three
You requested the makeup of the Human Services expenditures which equaled approximately $4.99
million, or approximately 2.87 percent of the total expenditures of the fiscal cycle. The makeup of the
Human Services expenditures is as follows:
Amount As a %
Department Expended qf Total
Animal Control $ 574 11.51%
Health Department 624 12.51%
Mental Health 710 14.23% AGENDA~rEM
Client Assistance/Welfare 2,471 49.53%' NO,- I ~ -
Public Services Division Office 156 3.13%
NAY 2 5 1999
"' Amount As a %
Department Expended of Total
Services for Seniors 454 9.10%
Total Expenditures $4,989 100. 00%
(Note in thousands)
H u man Services Expenditures
In Anirral Control
! · Health Department
3%9% 12% 13% ,OMentalHealth
~ O Client Asst/Welfare
14% .
49% i · Pubic Services
~ Division
' 13 Services for Seniors
I hope this satisfies your request. If you should have any further questions or desire additional information
related to this matter, I can be reached at 774-8404.
Cc: The Honorable John C. Non'is, County Commissioner
The Honorable Barbara B. Berry, County Commissioner
The Honorable Timothy J. Constantine, County Commissioner
The Honorable James D. Carlet, County Commissioner
The Honorable Dwight E. Brock, Clerk of the Circuit Court
Robert F. Fernandez, County Administrator
AGEND ITEM
MAY 2 5 1999
, Pg. --L't ..... ;L,
EXECUTIVE SUMMARY
AUTHORIZATION OF A 50% WMVER/50% DEFERRAL OF IMPACT FEES FOR ONE
HOUSE TO BE BUILT BY LARRY P. BASIK AND ANITA L. BASIK IN KINGS LAKE,
COLLIER COUNTY.
QBJECTIVE:
The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of
Collier County Impact Fees and appropriate the funds for waiver/deferral of Water and/or Sewer
Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and Recreational Facilities
Impact Fees, Emergency Medical Services System Impact Fees, and Educational Facilities
System Impact Fees for one house to be built by Larry P. Basik and Anita L. Basik, with funds
from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Larry P. Basik and Anita L. Basik have submitted an application for a 50% waiver/50% deferral
of impact fees for one house to be built by Larry P. Basik and Anita L. Basik at 2108 Evergreen
Lake Court. in Kings Lake, Collier County, as a low income, first time home buyer and qualify
for an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances.
FISCAL IMPACT:
Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust
Fund, Fund 191-138785. The total amount of impact fees requested to be waived/deferred is
$6,779.52.
a) Library System Impact Fee $ 180.52
b) Road Impact Fee 1,379.00
c) Parks and Recreational Facilities
Regional Parks 179.00
Community Parks 399.00
d) EMS Impact Fee 14.00
e) Educational Systems Impact Fee 1,778.00
f) Water System Impact Fee 1,275.00
g) Sewer System Impact Fee 1.575.00
Total Impact Fees to be Waived/Deferred $6,779.52
MAY 2 5
P~-_ /
Executive Summary
Basik Impact Fees
Page Two
GROWTH MANAGEMENT IMPACT:
The impact fee waiver/deferral will bring relief for a low income family in compliance with
Policy 1.5.2 of the Housing Element of the Growth Management Plan.
RECOMMENDATION:
The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to
be built at 2108 Evergreen Lake Court, Kings Lake in Collier County, by Larry P. Basik and
Anita L. Basik, a low income family, and to pay for these impact fees with State Housing
Incentive Partnership (S.H.I.P.) program revenue funds.
GM/jd
4/30/99
Prepared by:
Approve~ ~"
/' Date
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
jd/c/execsum/basik
A~iENDA ITEM
MAY 2 5 1999
AGREEI~IENT FOR 50%WAIVER/50% DEFERRAL OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of hnpact Fees entered into this day of
, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Larry P. Basik and Anita L. Basik,
hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, a~ amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System hnpact Fee Ordinance; and Collier County Ordinance No.
98-69, the Regional Water and/or Sexvet Systems hnpact Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling units qualifying as
affordable housing; and
WHEREAS, OVCNER has applied t~r a 509/0 :vaiver/50"A, d,~l'erral of impact fee~ as
required by the hnpact Fee Ordinance. a copy of said application is on file in the office of
Housing and Urban hnprovemenl Deparln~ent; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found thai it complies with the requirements lbr an aflBrdable housing 50'!:.,
wai\cr/50% deferral of impact fees as established m the hnpact Fee Ordinance; and
MAY 2 5 1999
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Inqpact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- __ at its regular meeting of , 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEEFOE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as afibrdable housing
and shall be offered for sale in accordance with the standards set forth in the
al-~pendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
~. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
tbllowing: .
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices lo the lmpacl Fec Ordinance;
b. Owner is a first-lime home buyer; AGENDAI~
MAY 2 5 1999
2 pg.
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shatl remain as affordable housing for fifteen (15) years
from the date the certificate of occupancy is issued for the Dwelling Unit;
and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% defe~al of the impact fees
owed by O~ER, O~ER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
hnpact Fee Ordinance.
5. SUBSEQUENT T~NSFER. If OWNER sells the D~velling Unit subject to the
impact fee waiver/defe~al to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
6. AFFORDABLE EQUIREMENT. The Dxk clling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that ptuq3ose during such
period, the impact fees shall be immediately repaid to the COUNTY. except for
xvaived impact fees if the dwelling uni~ has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived/defen'ed impact t~cs shall be a lien upon the property which lien
may be fi~reclosed upon in the evenl of non-compliance with the requirements of this .
Agreement.
8. RELEASIi OF LIEN. Upon satisfactory completion of the Agrccmcn~ requirements
and fil]ccn (15) years after the date of issuance of the certificate oF occupancy, or
upon pavnqent of the waived impact l~cs. and upon payment of the ~cl~rr~~
- ~ /~ ~) /
MAY 2 5 1999
~ fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shah remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in tile Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by tile Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreen~ent (1) where O~zNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualificalion criteria i:: the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should tile OWNER of the l~roperty fail to comply with tile .said
qualification criteria at any time during tile fifteen (15) year period or should
O~;NER violate any provisions of this Agreement, tile impact fees v,,aivcd/dcferred
shall be paid in full by OWNER xvithin 30 da\'s of said non-compliance. O\VNER
agrees that tl~c impact fees xvaived/deferred shall constilute a lien on the Dwelling
""" Unit comnlencing on the effeclive date of this .;~.,.zrccnlenl and conti~
MAY 2 5 1999
4 Pg.
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the O~ER be in
default of this Agreement, and the default is not cured within thi~y (30) days after
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or othe~ise enforced by the
CO~TY by action or suit in equity as for the foreclosure of a moHgage on real
propeay. This remedy is cumulative with any other right or remedy available to the
CO~TY. The Board shall be entitled to recover all attomey's fees, incu~ed by the
Board in enforcing this Agreement, plus interest at the statuto~ rate for judgments
calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the prolies have executed this Agreement for
Waiver/Defe~al of Impact Fees on the date and year first above written.
Witnesses: OgER:
Print Name p ~j,~lg'F I~ 1%l-7~UQ~
Pri~l'Name I).eD~%%M
STATE OF ~'LO]?..,I D ~ )
COUNTY OF e,l)LLl~r(. )
The foregoing instrumcn! was acknowledEed before me this t ~fg '
day of
~F~[~ . 1999. bv La~ P. Basik. He is personally known to me or pro~h, ced
~b~ ~v~ D~uZ _(upc of id;nti~cation) as identification.
[NOTARIAL SEAL] Signature of Person Taking Acknowledgna~ nt
AGE~A I~
~.
' """ ......":" 5 1999
" NO. CO
STATE OF ~_D~,~. b h )
COUNTY OF CDLL/~,~ )
The foregoing instrument was ac~owledged before me this [~ ~ day of
~~ , 1999, by Anita L. Basik. She is personally ~own to me or produced
~lgn ~ h~ (t~e of identification) as identification.
PAI*RIC1A K. MANN
NO I ~ ~ ~ c ~te of Florida
[ .. ~~..sJa, s. ~ Signature of Person Taking Acknowledgment
No, CC 5~
DATED:
BOARD OF COUNTY COMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRV~zOMAN
Approved as to form and
legal sufficiency
,, ~ \,,__.
Heidi F. Ashlon
Assistanl County Attorney
jd/c/agreen~enlsbasik A~=NI:)A I1'~
,--,
MAY 2 5 1999
(~ Pg. f>
EXHIBIT 'A'
LEGAL DISCRIPTION
LARRY P. BASIK AND ANITA L. BASIK RESIDENCE
LOT 2, BLOCK H, KINGS LAKE UNIT ONE, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 12, PAGE
69, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
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7 MAY 2 5 1999
'" ~": ~ o~ WILLIAM McA LEAR '
REGISTERED LAND SURVEYOR
P,O. i~ox 9732 Naple& FL 3~101-9732
~ Telephone: (941) 5~7.7428
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I RESOLUTION NO. 99-
2
3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
4 COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% DEFERPAL OF
5 LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
6 FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY
7 MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
8 SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT FEES FOR
9 ONE HOUSE TO BE CONSTRUCTED BY LARRY P. BASIK AND ANITA L.
0 BASIK AT 2108 EVERGREEN LAKE COURT, KINGS LAKE IN COLLIER
I COUNTY, FLORIDA.
.2 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
i3 affordable housing for moderate, low, and very-low income households in the County and the need for
k4 creative and innovative programs to assist in the provision of such housing by including several provisions in
5 the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy
6 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy
7 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and '
18 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
19 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
20 Administrative Code; and
21 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to
22 use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County
~3 impact fees; and
24 WHEREAS, Larry P. Basil and Anita L. Basil are seeking a 50% waiver'50% deferral of impact
25 fees; and
26 WHEREAS, LarD' P. Basil and Anita L. Basil will construct a three bedroom unit (the "Dwelling
27 Unit") at 2108 Evergreen Lake Court, Kihgs Lake in Collier County, Florida; and
28 WHEREAS, the Dwelling Unit will be owned by a low income household, and
29 WHEREAS, LarD' P. Basil and Anita L. Basik submitted to the office of the Housing and Urban
30 Improvement Department an Affordable Housing Application dated March 9. 1999 for a 50% waiver/50%
31 deferral of impact fees for the construction of a house at 2108 Evergreen Lake Court. Kings Lake in Collier
32 County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department;
33 and
34 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact
35 Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee Ordinance, Ordinance
36 No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities In~pact Fee Ordinance,
37 Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as
38 amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No.
39 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance
MAY 2 5
1 No. 92-33, as amended; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for
2 ~"' 'ver/deferral; and
3 WHEREAS, Larry P. Basik and Anita L. Basik have qualified for an impact fee waiver/deferral.
4 based upon the following representations made by Larry P. Basik and Anita L. Basik:
5 A. The Dwelling Unit shall be owned by a first-time home buyer.
6 B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in
7 the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
8 unit must be within the affordable housing guidelines established in the Appendices to the respective
9 Impact Fee Ordinances.
: 0 C. The Dwelling Unit shall be the Homestead of the owner.
:1 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
!2 occupancy is issued.
13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: ..
I5 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an
I6 Authorization for 50 % waiver/50% deferral of impact fees to Larry P. Basik and Anita L. Basik for
!7 one (1) house which shall be constructed at 2108 Evergreen Lake Court, Kings Lake in Collier
~ 8 ,---- County, Florida.
19 Upon receipt by the Housing and Urban Improvement Director of an agreement for 50% waiver/50%
20 deferral of impact fees signed by Larry P. Basik and Anita L. Basik, or other documentation
21 acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the
22 payment by Collier County of the following impact fees from the Affordable Housing Trust Fund,
23 Fund (191), in the following amounts for one (l) house to be built at 2108 Evergreen Lake Court,
24 Kings Lake in Collier County, Florida by Larry P. Basik and Anita L. Basik:
25 A. Libranj Impact Fee $ 180.52
26 B. Road Impact Fee 1,379.00
27 C. Parks and Recreational Facilities
28 Impact Fee:
29 (1) Regional Parks 179.00
30 (2) Community Parks 399.00
31 D. EMS Impact Fee 14.00
32 E. Educational Facilities System
33 Impact Fee 1,778.00
34
35 F. Sewer Impact Fee 1,575.00
36
37 G. Water Impact Fee 1.275.00
38 ,..,. Total Impact Fees $ 6,779.52 , ACaEIqDA I'l'EM
I 3. The payrnent of impact fees by Collier County is subject to the execution and recordation of an
2 Affordable Housing Agreement for payment of Collier County Impact Fees between the property
3 owner and/or purchaser and the County.
4 This Resolution adopted after motion, second and majority vote favoring same.
5
6
7 DATED:
8
9 ATTEST: BOARD OF COUNTY COMMISSIONERS
10 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
I1
12
13 By:
14 PAMELA S. MAC'KIE, CHAIRWOMAN
15
16 Approved as to form and
17 legal sufficiency:
20 Heidi F. Ashton
21 Assistant County Attorney
22
23
24 jcL'c/reso/basik
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10 EXHIBIT "A"
11
12
13
14 LEGAL DESCRIPTION
15
16 LARRY P. BASIK AND ANITA L. BASIK RESIDENCE
17
18
19
20 LOT 2, BLOCK H, KINGS LAKE UNIT ONE, ACCORDING TO THE PLAT THEREOF,
21 RECORDED IN PLAT BOOK 12, PAGE 69 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
22 FLORIDA.
23
24
25
26
27
28
AGENDA ITEM
MAY 2 5 1999
a. ~,': s o' WILLIAM McA I,EAR
REGISTERED LAND $URVEYOg.
· P.O- B~x 9732 Napler~ FL3~101-~732
'~ Telephone: (941 ) 5~7-742N ~ ""~
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1 ~ ~E 4'~,:, ~ ~ SECTION 7 .~P ~ S,RG~ Z~ E
EXECUTIVE SUMMARY
AN INTERLOCAL AGREEMENT FOR THE CREATION OF THE COLLIER
COUNTY METROPOLITAN PLANNING ORGANIZATION
Objective: To consider an Agreement for the Creation of the Collier County
Metropolitan Planning Organization, and a Resolution authorizing the Chairwoman to
execute the Agreement.
Considerations: A new Interlocal Agreement is required to include representation
by the City of Marco Island on the Collier County Metropolitan Planning Organization.
The Agreement is between the Board of County Commissioners, the City of Marco
Island, the City of Naples, and the Florida Department of Transportation. A similar
resolution has already been adopted by the City of Marco Island.
Fiscal Impact: This Agreement and Resolution have no fiscal impact.
Growth Management Impact: None.
Recommendations: Staff recommends that the Board of County Commissioners
authorize the Chairwoman to sign the Resolution and the Interlocal Agreement.
Gavin Jones, P.E., T//ansportation Planning Manager
Reviewed by: ~ ' Date: )~-'
kb /
o ert Mu!here, AICP, Planning Services Director
Approved by:u` . ,. ~,~f2/' ~-' Date:
Vincent A. Cautero, AICP, Community Development &
Environmental Services Administrator
MAY 2 5 1BBB
RESOLUTION NO. 99-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS TO ENTER INTO AN INTERLOCAL
AGREEMENT FOR THE CREATION OF THE COLLIER COUNTY
METROPOLITAN PLANNING ORGANIZATION, AND
AUTHORIZING THE CHAIRWOMAN TO EXECUTE THE
AGREEMENT.
Whereas, the incorporation of the City of Marco Island has created a need to amend the
composition of the Collier County Metropolitan Planning Organization to include a representative of
the City of Marco Island as a voting member; and
Whereas, the Governor of the State of Florida approved a revised membership plan for the
Metropolitan Planning Organization to include the City of Marco Island on October 28, 1998; and
Whereas, the Florida Department of Transportation has asked that the Board of County
Commissioners, the City of Marco Island, and the City of Naples approve the State of Florida,
Department of Transportation, Interlocal Agreement for the Creation of the Collier County
Metropolitan Planning Organization (hereinaf~er referred to as the "AGREEMENT");
NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County
Commissioners that:
1. The Collier County Board of County Commissioners is authorized to enter into the
AGREEMENT.
2. The Chairwoman of the Collier County Board of County Commissioners is authorized to
execute the AGREEMENT.
DULY PASSED AND ADOPTED TIllS DAY OF ,1999
ATTEST: COLLIER COUNTY BOARD OF COUNTY
DWIGHT E. BROCK, CLERK COMMISSIONERS
By: By:
PAMELA S. MAC'K/E, CHAIRWOMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
MAY 2 5 1999
STATE OF FIX)RIDA
DEPARTMENT OF TRANSPORTATION
INTERLOCAL AGREEMENT FOR CREATION OF THE
COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION
THIS INTERLOCAL AGREEMENT is made and entered into this day of ,
1999, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; COLI JF:.R COUNTY;
the CITY OF MARCO ISLAND; AND THE CITY OF NAPLES.
WHEREAS, statutes require the creation of metropolitan planning organizations to develop
transportation plans and programs for urbanized areas as a condition to the receipt of federal capital or
operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive
transportation planning process that results in plans and programs reflecting consideration of the likely
effect of transportation policy decisions on land use and development and the consistency of
transportation plans and programs with the provisions of all applicable short and long term land use and
development plans; and
WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the
performance of such a transportation planning process to assure that highway facilities, mass transit, rail
systems, air transportation and other intermodal facilities will be properly located and developed in
relation to the overall plan of community development; and
WHEREAS, pursuant to statutes, a determination has been made by the Governor and units of
general purpose local government representing at least 75% of the affected population in the
metropolitan area to designate a metropolitan planning organization; and
WHEREAS, pursuant to statutes and by letter dated October 28, 1998 to Mr. Timothy J.
Constantine, Chairperson, Naples (Collier County) Metropolitan Planning Organization, the Governor
has agreed to the revised membership reapportionment plan of the MPO as set forth in this Agreement;
and
WI-rEREAS, pursuant to statutes, an interlocal agreement must be entered into by the Department
and the governmental entities designated by the Governor for membership on the MPO;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations
herein, the parties desiring to be legally bound, do agree as follows:
ARTICLE 1
RECITALS; DEFINITIONS
Section 1.01. R~itals. Each and all of the foregoing recitals arc incot] om
acknowledged to be true and correct to the best of the parties' knowledge. Fal
foregoing recitals to be true and correct shall not operate to invalidate this Agreem. nt. MAY 2
Page 2 of 11
Section 1.02. ~. The following words when used in this Agreement (unless the
context shall clearly indicate the contrary) shall have the following meanings:
"Agreement' means and refers to this instrument, as amended from time to time.
"Department'means and refers to the Florida Department of Transportation, an agency of the
State of Florida. ,
"FHWA" means and refers to the Federal Highway Administration.
"FTA' means and refers to the Federal Transit Administration.
"Long Range Transportation Plan (LRTP)" is the 20-year plan which: identifies transportation
facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses
capital improvements necessary to preserve the existing metropolitan transportation system and make
efficient use of existing transportation facilities, indicates proposed transportation enhancement
activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State
Implementation Plan, all as required by applicable statutes.
"Metropolitan Area" means and refers to the planning area as delineated by the MPO for the
urbanized area containing at least a population of 50,000 as described in the statutes.
"MPO' means and refers to the metropolitan planning organization formed pursuant to this
Agreement.
"Statutes' mean and refer to state and federal statutes, rules, regulations, including but not
limited to, Titles 23 and 49 United States Code and Chapters 112, 119, 163, 215, 287, and 339, Florida
Statutes, as amended.
"Transportation Improvement Program (TIP)' is the transportation document which includes the
following components: a priority list of projects and project phases; a list of projects proposed for
funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects;
an indication of whether the projects and project phases are consistent with applicable local government
comprehensive plans adopted pursuant to statutes; and an indication of how improvements are
consistent, to the maximum extent feasible, with affected seaport and airport meter plans and with
public transit development plans of the units of local government located within the boundaries of the
MPO, all as required by statutes.
· Unifiod Planning Work Program CLIPWP)" is the annual plan developed in cooperation with the
.._. Department and public transportation providers, that lists all planning tasks to be kid~. L~ti~ a
program year, together with a complete description thereof and an estimated budget all ~. requ!r~,ed by
statutes. 1~' ~d .~
MAY 2 5 1999
Page 3 of 11
ARTICLE 2
PURPOSE
Section 2.01. General Pu.rpose. The purpose of this Agreement is to establish the MPO:
(a) To assist in the development of transportation systems embracing various modes
of transportation in a manner that will maximize the mobility of people and goods within and through
this metropolitan area of this state and minimize, to the maximum extent feasible for transportation-
related fuel consumption and air pollution;
Co) To develop transportation plans and programs, in cooperation with the
Department, which plans and programs provide for the development of transportation facilities that will
function as a multi-modal and as an intermodal transportation system for the metropolitan area;
(c) To implement and ensure a continuing, cooperative, and comprehensive
transportation planning process that results in coordinated plans and programs consistent with the
comprehensively planned development of this affected metropolitan area in cooperation with the
Department;
(d) To assure eligibility for the receipt of Federal capital and operating assistance
pursuant to applicable statutes;
(e) To carry out the metropolitan transportation planning process in cooperation with
the Department, as required by and consistent with, applicable statutes.
Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for
cooperative decision making by officials of the governmental entities which are party to this Agreement
in the development of transportation-related plans and programs, including but not limited to:
(a) Long Range Transportation Plan;
(b) Transportation Improvement Program;
(c) Unified Planning Work Program;
(d) Congestion Management System for the metropolitan area as required by statutes;
(e) Assisting the Det~t in mapping transportation planning boundaries required
by statutes;
(f) Assisting the Depart in perfornfing its duties relating to acx ss ~
functional classification of roads, and data collection; and
MAY 2 5 1999
Page 4 of 11
(g) Performing such other tasks presently or hereafter as required by statutes.
Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans.
The statutes grant the bwad authority for the Department' s role in transportation and show the
legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable
and balanced state transportation system serving all regions of the State, require the Department to
develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic
regional policy plans, MPO plans, and appwved local government comprehensive plans and specify the
authority and responsibility of the MPO and the Department in the management of a continuing,
cooperative, and comprehensive transportation planning process for the metropolitan area.
In fulfillment of this purpose and in the exercise of the various powers granted by the statutes,
the Department and all parties to this Agreement acknowledge that the provisions of the Local
Government Comprehensive Planning and Land Development Regulation Act, referenced in state
statutes are applicable to this Agreement. The parties to this Agreement shall take particular care that
the planning processes and planning integrity of local governments as set forth in state law shall not be
infringed upon.
ARTICLE 3
MPO ORGANIZATION AND CREATION
Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the
membership reapportionment plan approved by the Governor is hereby created and established pursuant
to this Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name
of this metropolitan planning organization shall be the Collier County Metropolitan Planning
Organization.
Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum,
approval, permit, notice, or other proceeding or authorization is required under applicable law to enable
the parties to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe,
assume or carry out any of the provisions of this Agreement, said parties will initiate and consummate,
as provided by law, all actions necessary with respect to any such matters as required.
Section 3.03. Governing board to act as policy-making body of MPO. The governing board
established pursuant to Section 4.01 of this Agreement shall be the policy-making body that is the
forum responsible for cooperative decision-making and will be taking the required approval actions as
Section 3.04. Submission ofpn:ceedings; Contracta and Other documents. Subject to the right .
to claim an exemption from the Florida Public Records Law, the parties shall submit
data, reports, records, contracts, and other documents relating to its performance s assse~n"-
MAY 2 5 1999
i.__ P.--g - _
Page 5 of 11
planning organization as requested. Charges for reproduction of public records to be in accordance with
said statute.
Section 3.05. Rights of revieW. All parties to this Agreement, and the affected Federal
funding agency (i.e., FHWA, and FTA) shall have the rights of technical review and comment of MPO
projects.
ARTICLE 4
COMPOSITION.'. MEMBERSHIP~ TERMS OF OFFICE
Section 4.01. Composition and membership of governing board.
(a) The membership of the MPO shall consist of eight (8) voting representatives and
one (1) non-voting representative. The names of the member local governmental entities and the voting
apportionment of the governing board as approved by the Governor shall be as follows: Collier County
Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting
members; the City of Marco Island, one (1) voting member; and the Florida Department of
Transportation, one (1) non-voting (ex-officio) member.
(b) All voting representatives shall be elected officials of general purpose local
governments, except to the extent that the MPO includes, as part of its apportioned voting membership,
a member of a statutorily authorized planning board or an official of an agency that operates or
administers a major mode of transportation. All individuals acting as a representative of the governing
board of the county, the city, or authority shall first be selected by said governing hoard.
(c) In no event shall the county commission representatives constitute less than one-
third of the total number of representatives on the MPO.
(d) In the event that a governmental entity that is a member of the MPO fails to fill
an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty
to appoint a representative, that appointment shall be made by the Governor from the eligible individuals
of that governmental entity.
Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The
membership of a mexnber who is a public official automatically terminates upon said official leaving the
elective or appointive office for any reason, or may be terminated by a majority vote of the total
membership of the govemmental entity represented by the member. A vacancy shall be filled by the
original appointing entity. A member may be appointed for one or more additional four (4) year terms.
ARTICLE 5
AUTHORITIF~I, POWERS, DUTIES AND RF_~IPONSIBILITI! ~ -. --~-;
AGENDA ITF, Nf
/~ .2-
Section 5.01. General authority_. The MI~ shall have all authorities, ~o~~~'~,
enjoy all rights, privileges, and immunities, exercise all respomibili~es and per .rt~o~gl~s
P¢-_ ;;7 _
Page 6 of 11
necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation
planning process as specified in the statutes.
Section 5.02. S.t~cific authority. and powers. The MPO shall have the following powers and
authority as provided by statutes:
(a) The MPO may employ personnel and/or may enter into contracts with local or
state agencies and private planning or engineering firms W utilize the staff resources of local and/or state
agencies;
Co) The MPO may enter into contracts for the performance of service functions of
public agencies;
(c) The MPO may acquire, own, operate, maintain, Sell, or lease real and personal
property;
(d) The M/~ may accept funds, grants, assistance, gifts or bequests from local, state,
and federal resources;
(e) The MPO may promulgate rules to effectuate its powers, responsibilities, and
obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable
local and state laws, rules and regulations; and
(f) The MPO shall have such powers and authority as specifically provided by the
statutes.
Section 5.03. Duties and responsibilities. The MPO shall have the following duties and
responsibilities as provided by statutes:
(a) The MPO shall create and appoint a technical advisory committee;
Co) The MPO shall create and appoint a citizens' advisory committee;
(c) The MPO membership shall be jointly and severally liable for liabilities, and the
MPO may respond So such liabilities through the purchase of insurance or bonds, the retention of legal
counsel, and, as appropriate, the approval of settlements of claims by its governing board;
(d) The MPO shall establish a budget which shall operate on a fiscal year basis
consistent with any requirements of the Unified Planning Work Program;
(e) The MPO shall enter into agreements with the Department, operators of public
""' transportation systems and the metropolitan and regional intergovernmental coordination and review
agencies serving the metropolitan area. These agreements will 'prescribe the o ~~r in
which the transportation p~ tuning process will be coordinated and included in he ~rnprehensively
planned development of the area. /~ (/'/),;
MAY 2 5 1999
I'1. ~i~
Page 7 of 11
(f) The MPO, in cooperation with the Department, shall carry out the metropolitan
transportation planning process as required by statutes, and specifically shall:
(1) Prepare the Long-Range Transportation Plan;
(2) Prepare the Transportation Improvement Program;
(3) Prepare and annually update the Unified Planning Work Program;
(4) Prepare a Congestion Management System for the metropolitan area;
(5) Assist in mapping of transportation planning boundaries required by
statutes;
(6) Assist in performing its duties relating to access management, functional
classification of roads, and data collection;
(7) Perform such other tasks presently or hereafter required by statutes;
(8) Execute certifications and agreements necessary to comply with statutes;
and
(9) Adopt operating rules and procedures in accordance with applicable
statutes.
ARTICLE 6
FUNDING; INVENTORY REPORT: RECORD-KEEPING
Section 6.01. Elmtliag. The Department shall allocate to the MPO for its performance of
its transportation planning and programming duties, an appropriate mount of state transportation
planning funds.
Section 6.02. Inventory report. The MPO agrees to inventory, to maintain records of and to
insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to
funding under this Agreement. This shall be done in accordance with the requirements of all applicable
statutes.
Section 6.03. Record°keeping and document retention. The Department and the MPO shall
prepare and retain all records in accordance with the requirements of all applicable statutory
requirements.
no,
MAY 2 5 1999
Page 8 of 11
ARTICLE 7
MISCELLANEOUS PROVISION
Section 7.01 Constitutional or statutory. duties and respo_nsibilities of .Barties. This Agreement
shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the
parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility
imposed upon them by law, except to the extent of actual and timely performance thereof by one or
more of the parties to this Agreement or any legal or administrative entity created or authorized by this
Agreement, in which case this performance may be offered in satisfaction of the obligation or
responsibility.
Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may
only be made by written agreement signed by all parties hereto with the same formalities as the original
Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO
without approval by the Governor.
Section 7.03. Duration; withdrawal procedure.
(a) ~ This Agreement shall have a term of five (5) years. At the end of the
five (5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms
hereof and agree to amend provisions or reaffirm the same, otherwise it will be automatically renewed.
(b) Withdrawal procedure. Any party, except Collier County and/or the City
of Naples and the United States Bureau of the Census designated center city(ies), may withdraw from
this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this
Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon
receipt of the intended notice of withdrawal:
(1) The withdrawing member and the MPO shall enter into an agreement
reflecting the withdrawal of the member and alteration of the list of member governments that are
signatories to this Agreement. The agreement shall be filed in the Office of the Clerk of the Circuit
Court of each county in which a party hereto is located; and
(2) The Office of the Governor shall be contacted, and the Governor, with the
agreement of the remaining members of the MPO, shall determine whether any reapportionment of the
membership shall be appropriate. The Governor and the MPO shall review the previous MPO
designation, applicable Florida and local law, and MI~ rules for appropriate revision. In the event that
another entity is to be accorded membership in the place of the member withdrawing from th~ MPO,
the l~trties acknowledge that pursuant to statutes, adding membership to the MPO does not automatically
require redesignation of the MPO. In the event that a party who is not a signatory to this Agreement
'--- is accorded membership on the MPO, membership shall not become effective until this Agreement is
amended to reflect that the new member has joined the MPO.
Section 7.04. Notices. All notice~, demands and correspt. ~dence requh xl order
under ~ Agreemealt shall be in writing and delivered in person or disI:~.~ched by cert
Page 9 of 11
prepaid, return receipt requested. Notice required to be given shall be addressed as follows:
a) Board of County Commission Chairperson
Collier County Board of County Commission
3301 East Tamiami Trail
Naples, Horida 34112
b) City Manager
City of Naples
735 Eighth Street, South
Naples, Florida 34102-6796
c) City Manager
City of Marco Island
950 North Collier Boulevard, Suite 308
Marco Island, Florida 34145
d) District Secretary
Florida Department of Transportation
District One
801 North Broadway Avenue
Post Office Box 1249
Bartow, Florida 33831-1249
A party may unilaterally change its address or addressee by giving notice in writing to the other parties
as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address.
Section 7.05. Parties not Obligated to Third Parties. No party hereto shall be obligated or
liable hemunder to any party not a signatory to this Agreement. There are no express or intended third
party beneficiaries to this Agreement.
Section 7.06. State or Territorial Law. Unless required by Federal law, nothing in this
Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any
provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the
parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and
modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto
may proceed as soon as possible with its responsibilities hereunder.
AGENDA ITF_M
Section 7.07. Illle, Ilu:clad~.
(a)
represented by or afforded the opportunity for representation by legal counsel and trticipated in the
Pg.
Page I 0 of 11
drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more
strongly construed against any party as drafter of this Agreement.
(b) i.~e..Ygl:ahjli~. Invalidation of any one of the provisions of this Agreement or any
part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court
order, or administrative hearing or order shall not affect any other provisions or applications in other
circumstances, all of which shall remain in full force and effect, provided that such remainder would
then continue to conform to the terms and requirements of applicable law.
(c) Rules of construction. In interpreting this Agreement, the following rules
of construction shall apply unless the context indicates otherwise:
(1) The singular of any word or term includes the plural;
(2) The masculine gender includes the feminine gender; and
(3) The word "shall" is mandatory, and "may" is permissive.
Section 7.08. Enforcement by parties hereto. In the event of any judicial or administrative
action to enforce or interpret this Agreement by any party hereto, each party shall bear its own
attorney's fees in connection with such proceedings.
Section 7.09. Agreement execution; Use of counte.rpart signature pages. This Agreement, and
any amendments hereto, may be simultaneously executed in several counterparts, each of which so
executed shall be deemed to be an original, and such counterparts together shall constitute one and the
same instrument.
Section 7.10. Effective date; Cost of recordatlon.
(a) ~. This Agreement shall become effective upon its filing in the
Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any
amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit
Court for each county in which a party hereto is located.
(b) ~ The Collier County Metmtx~litan Planning Organization hereby
agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court
for each county in which a party is hereto located. The recorded or filed original hemf, or any
amendment, shall be returned to the MPO for filing in its records.
Section 7.11. previous Ag~ernent Superseded. Upon execution by all parties, and recording
of this Agreement, it shall supersede the Interlocal Agreement between the patti ~
kGE. N~A ITEM
MAY 2 5 1999
Page 11 of 11
IN WITNESS WHEREOF, the undersigned parties have caused this Interlocal Agreement to be duly
executed in their behalf and hereby establish the above designated MPO, this __ day of
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
:
CHAIRMAN P~dvlELA S. tvl~C, KIE ~0E tl$ ~ form & ,al suf~cioney
A~rEST: (SEAL) CLERK
CITY OF NAPLES, FLORIDA
BY:
MAYOR
ATTEST: (SEAL)
CLERK
CITY OF MARCO ISLAND, FLORIDA
BY:
MAYOR
ATTEST: .(SEAL)
CLERK
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
DISTRICT SECRETARY
ATTEST: (SEAL)
EXECUTIVE SECRETARY
~Gi;~DA ITEM
MAY 2 5 1999
Pg .~
,--- EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TIERRA LAGO II"
OBJECTIVE:
TO approve for recording the final plat of Tierra Lago II, a
subdivision of lands located in Section 5, Township 49 South, Range
26 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the final plat
of "Tierra Lago II" This document is in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. There are no subdivision related improvements
associated with this plat.
Engineering Review Section recommends that the final plat of "Tierra
Lago II" be approved for recording.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Tierra Lago II" with the following stipulations:
1. Authorize the recording of the Final Plat of "Tierra Lago
I I." ,
MAY Z 5 1999
2q. / ,- ~,
Executive Summary
__, Tierra Lago II
Page 2
PREPARED BY:
John R. Ho dSworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Robert Mulhere, AICP Date
Planning Services Department Director
"' APPROVED BY:
vincen~ A. Caut~ro, kmCD'Admi~fstrator Dat~
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
MAY 2 5 1999
3,5 ' 3,6 31 32 ~ N
, VANDERBILT ROAD EXTENSION .~~~~~~~.
< W E
0
j ~ : ~ 4
10 11 12 7 ~ 8 g 10
PINE RIDGE ROAD (C.R~ 896)~
0
28 25 ~ .
~ GODEN GAE PARLAY (C.R. 886) 27
~ ,"' , i , I' ~=
LOCATION ~AP
................ NOT TO SCALE
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN MARSH
UNIT TWENTY - FIVE", AND APPROVAL OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Pelican Marsh Unit Twenty
- Five" a subdivision of lands located in Section 35, Township 48
South, Kange 25 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Pelican
Marsh Unit Twenty - Five" These documents are in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. It is the intent of the developer to record
the plat prior to construction of the improvements. The security in
the amount of 110% of the total cost of the required improvements is
being covered by construction and maintenance agreement and a
/__Performance Bond. This would be in conformance with the County Land
Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Pelican
Marsh Unit Twenty - Five" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $369,831.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $150,999 '. 50
b) Drainage,
Paving, Grading - $218,831.50
The Security amount, equal to 110% of the
project cost, is $406,814.10
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $7210.13 ....
' A(~,NDA IYEM
Fees are based on a construction estim. te M~Df -~
$369,831.00 and were paid in March, 1999.
MAY 2 5 1999
Executive Summary
Pelican Marsh Unit Twenty - Five
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 470.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 755.00
Drainage,
Paving, Grading (.425% const. est.)-$ 930.03
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $2265.00
Drainage,
Paving, Grading (1.275% const. est.) - $2790.10
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Pelican Marsh Unit Twenty - Five" with the following
stipulations:
1. Accept the Performance Bond as security to guarantee
completion of the subdivision improvements.
2. Authorize the recording of the Final Plat of "Pelican Marsh
Unit Twenty - Five"
3. Authorize the Chairman to execute the attached construction
and maintenance agreement.
4. That no Certificates of Occupancy be granted until the.
required improvements have received preliminary acceptance.
MAY 2 5 1999
pg.
Executive Summary
Pelican Marsh Unit Twenty ~ Five
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E, Date
Engineering Review Manager
re7 AICP Date
Planning Services Department Director
Vincent A. Cautero, AICP, Administrator :Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
MAY 2 5 ]999
P,._
~R .CO UNTY, -' FLORIDA
GULF ~ \
,
MEXICO
~ filth
.
. TO~
Document Prepared By
Michael J. Delate, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of__ 1999 between
WCI Communities, Limited Partnership hereinaf~er referred to as "Developer", and the Board of
County Commissioners of Collier County, Florida, hereinaeter referred to as "The Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Pelican MarshUnit 25"
2. Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEEFOE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby convenient and agree as follows:
I. Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and
irrigation improvements within 36 months from the date of approval of said subdivision
plat, said improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A") and by reference made a part of in the amount of $406.814.10 which amount
represents 10% of the total contract cost to complete construction plus 100%.of the
estimate cost of to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the subdivision performance security to insure satisfactory completion of
the required improvements.
A~A ITEM
MAY 2 5 1999
---- 4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the Developer Services Director refuse preliminary approval of
the improvements if they are in fact constructed and submitted for approval in accordance
with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one year
after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director inspect the improvements. The Development Services
Director or his designee shall inspect the improvements and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
the Board, the Board shall release the 10% subdivision performance security. The
Developer's responsibility for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for the County.
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereaf[er the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed.
Each request tbr the reduction in the dollar amount of the subdivision performance
security shall be accompanied by a statement of substantial completion by the Developer's
engineer together with the project records necessary for review by the Development
Services Director. The Development Services Director may grant the request for a
reduction in the amount of the subdivision performance security for the improvements
completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon the ·
subdivision performance security to secure satisfactory completion, repair and
maintenance of the required improvements. The Board shall have the right to construct
and maintain, or cause to be constructed and maintained, pursuant to public advertisement
and receipt of acceptance of bids, the improvements required heroin. The Developer, as
principal under the subdivision performance security, shall be liable to pay and to
indemnify the Board, upon completion of construction, the final cost to the Board thereof,
including, but not limited to, engineering, legal and contingent costs, together
damages, either direct or consequential, which the Board may sustain on c
MAY 2 5 1999
failure of the Developer to carry out all of the provisions of the Agreement.
9. All of terms, covenants and conditions herein contained are and shall be binding upon the
respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be
executed by their duly authorized representatives this __ day of __., 1999.
Signed, Sealed and Delivered
in the presence of: WCI Communities, Limited Partnership
A Florida Limited Partnership
(Printed r Typed '
(Printed or Typed Name)
Attest: Board of County Commissioners
Dwight E. Brock, Clerk of Collier County, Florida
BY:
Deputy Clerk Pamela Mac'Kie, Chairwoman -
Approved as to form and legal sufficiency:
Eiavid C. wdigdl
Collier County Attorney ~.c.,a~, ~
MAY 2 5 1999
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that BOND No. 15-008-487
WCI Communities Limited Partnership
24301 Walden Center Drive
Boaira Springs, Florida 34134
(hereinafter referred to as "Owner") and Liberty Mutual Insurance Company
Boston, Massachusetts
(Hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafier
referred to as "County") in the total aggregate sum of Four Hundred Six Thousand Eight Hundred
Fourteen Dollars and Ten Cents ($406,814.10) in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, .administrators,
successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for
singular or plural, as the context requires.
THE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Pelican Marsh Unit 25 and that certain
subdivision shall include required improvements which are required by Collier County Ordinances and
Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall
commence on the date this Bond is executed and shall continue until the date of the final acceptance by
the Board of County Commissioners of the specific improvements described in the Land development
regulations (hereinafter the guaranty period).
NOW THEREFORE, if the Oxvner shall well, truly and faithfull>' perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by the
County, and the Owner shall satisfy all claims and demands incurred and shall fidly indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, othersvise to remain in full force and
effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby ~vaive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORNIANCE BOND to e exe~.li~DA
this 21st dayof April, 1999
MAY 2 5 1999
DATED as ofthis 21stdayof April ,XIIIO~.1999
e~s_Signa~)"'j~I'-/~tu~~ Liberty Mutual Insurance Company
JOHN D. MILLER
Witness-Printed Name /~ ~~
Witness-Signature C3 ' ' t NATAL I E REI~~DD
DIANA FIGUEROA Title Attorney-in-Fact
Witness Printed Name
State of CONNECTICUT
County of FAIRFIELD
The foregoing instrument was acknowledged before me by Natal ie Rei ngol d on
behalf of Liberty Mutual Insurance Company. Personally known X X or produced identification __
Type of identification produced
WITNESS my hand and official seal this 2]st dayof April X)l~Clg. ]999
otary Pub. li. ~\ ELY PStJAS
Notary Printed Name
A~:}I)A iTEM
MAY 2 5 1999
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5 2 3 4 3 4
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner a, nd to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insur ce company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute a~P;ppoint, ' - - ' "
JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES
L BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT .....................................
........................... .....": ...........:. ~ ...........- ....................................................
.......................... ;..- ..............................................................................
· each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute. Seat, acknowledge and deliver, for and on its"
behalf as surety and as its act and deed. any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MIII It)N*********"*************************.******* DOLLARS ($ 50 000 000'******** ) each, and the execution of such bonds or
'undeFtaki~g~, ~'n' ~3ursuance of these presents, shall be as binding upon the CompaR'~ as~f they had been duly signed by the president and attested by
the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations. Such attorneys-in-fact, subject to the limitations set forth in ~heir respective powers of attorney, shall have full power to bind the
company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such
instruments shall be as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. EIliott is hereby authorized to appoint such attorneys-in-fact
as may be necessary to act in behalf of the company to make, execute. seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations.
~t the By-law and the Authorization above set forth are true copies thereof and are now in full force aqd effect.
. WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company has been affixed thereto in Plymouth Meeting. Pennsylvania this 17th day of December 19 98
,.,-. -- ~:.
-"' ": :'~ LIBERTY MUTUAL INSURANCE COMPANY
~.. ._.::~-,,
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 17th day of r)en~rnb~r , A.D. 19 98 , before me, a Notary Public, personally came the individual, known to
me to be the therein described-iRdi.vidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled-
ged that he executed th(~arEe and2{hat the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate
seal and his signatur(s~6~cd~e~'tt~'~t:et~ was duly affixed and subscribed to the said instrument by authority and direction of the said company.
TESTIMONY:.WHEREOF, he'~u)p'tc ' , ,
r
~ CERTIFICATE .
I, the undo signe~ ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full, true an< 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 specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
TESTIMONY HEREOF have hereunt ubscribed my name and affixed the corporate sea of the sad company s
p ' . , ay o
A r~ ~ ~;~/_~
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WIT PTI II~,,..~n~ '~=,r t'/ 20 --O0-~'
...........
Liberty Mutual Insurance Company
Statutory Balance Sheet
(dollars in thousands)
Asset~ .~ ·~
!~nds___ 11,609,662
Common & Preferred Stocks ........... '- ................... 4,446,583
Real Estate_ ...... 128,301
Cash & Shod-Term Investments .... 242,970
CRher Invested Assets ........... - __ 271268
Subtotal Cash and Invested Assets._. ....... 16,698,784
Premium in Course of Collection*. 1,521,916
Relnsurance Recoverables on Loss and Loss Adjustment Expense Payments ....... 183,530
Interest, Dividends and Real Estate Income Due and Accrued ..... 168,557
Other Asse~_ 779,394
TOTAL ADMITTED ASSETS __ 19,352,181
Liabilities and Surplus
Reserve for Losses and Loss Adjustmen~ .Expenses ........... 10,208.483
Reserve for Unearned Pnm-xiums..: 1,629,832
Reinsurance Payable on Paid Loss and toss Ad~stment Expenses ..................................... 36,194
Federal Income Tax and State Premium Tax Accrued .............................................. 91,774
Other Liabilities__ ~ ......- 1.3t9,565
TOTAL LIABILFFIES. -- 13,285,848
Unassigned Surplus_ .... 4,924,567
Guaranty Funds: 1,250
Surplus Notes___ 1,140,516
TOTAL SURPLUS. 6,066.333
TOTAL LIABILITIES AND SURPLUS ...... · .......... 19,352,181
("Excludes premiums more than 90 days due)
COMMONWEALTH OF MASSACHUSEITS
CO U?,,rl'Y OF SUFFOLK
Dennis Langwell, being duly sworn~ says: Tlut he is Vice President and Comptroller of Liberty Mutual Lnsurance Company; that
said Company is a mutual insurance company duly organized, uisting and engaged in business as a sunty by virtue of the laws of
the Commonwealth of Massachusetts and has duly complied with all the requirements of the laws of said Commonwealth and of the
laws of the State of ................ applicable to said Company and is duly qualified |o act as surety under
such law~; that said Company h~ also complied with and is duly qualL~ed to ac~ as surety on fedenl b~nds under Section 9305 of
'rifle 31 of the United Stat~s Code.
That the foregoing is a full true and correct statement of the financial condition of said Company an the 31st day December, 1997.
Sworn to before me this 31st day o[ Marall, 1998
/ ~//d/-. "/f- ,
MyComml~sionE.~'ph'es'~C~,",~ ~c~ --~C(fi "' ~' 'Vice/~r~ ' ' '
p[._// ....
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VANDERBILT
COUNTRY CLUB - 2", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Vanderbilt Country Club -
2", a subdivision of lands located in Section 35, Township 48 South,
Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Vanderbilt
Country Club - 2" These documents are in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. Security in the amount of 10% of the total cost of
,"-the required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
"Vanderbilt Country Club - 2" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $869,949.50 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $361,252.00
b) Drainage,
Paving, Grading - $508,697.50
The Security amount, equal to 110% of the
project cost, is $956,944.45
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Service~ No.~
Revenue generated by this project:
Total: $16,409.9o 2 1999
Fees are based on a construction estimate of
$869,949.50and were paid in February, 1999.
Executive Summary
Vanderbilt Country Club - 2
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac) -$ 537.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) -$1806.26
Drainage,
Paving, Grading (.425% const. est.)-$2161.97
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $5418.78
Drainage,
Paving, Grading (1.275% const. est.) - $6485.89
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Vanderbilt Country Club - 2" for recording with the following
stipulations:
1. Approve the amount of 956,944.45 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
MAY g 5 1999
Executive Summary
Vanderbilt Country Club - 2
Page 3
PREPARED BY:
John'R. Hou'idsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Ro AICP Date
Planning Services Department Director
APPROVED BY:
Vincent~;~'. ~Cautero, AICP, Administrator ~ate
Community Development & Environmental Services
Communiny Dev. and Environmental Svcs. DIVISION
jrh
MAY g 5 1999
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MAY g 5 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CEDAR HAMMOCK",
AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
TO approve for recording the final plat of "Cedar Hammock", a
subdivision of lands located in Section 3, Township 50 South, Range
26 East, Collier County, Florida, following the alternative procedure
for approval of subdivision plats.
CONSIDERATION:
Engineering Review Sect ion has completed the review of the
construction drawings, specifications, and final plat of "Cedar
Hammock" . These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining
,---improvements, together with a Construction and Maintenance Agreement
ior Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Cedar
Hammock" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $2,290,463.48 (estimated) to
be borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 785,202.19
b) Drainage,
Paving, Grading - $1,505,261.29
The Security amount, equal to 110% of the
project cost, is $2,519,509.83
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Total: $43,387.48
Fees are based on a construction estima
$2,290,463.48 and were paid in Februar and
April, 1999. /
Executive Summary
Cedar Hammock
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)$ 2,094.28
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 3,926.01
Drainage,
Paving, Grading (.425% const. - $ 6,397.36
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $11,778.03
Drainage,
Paving, Grading (1.275% const. est.) - $19,192.08
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Cedar Hammock" for recording with the following stipulations:
!. Approve the amount of 2,519.509.83 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
MAY 2 5 7999
_,_.~Pg,
Executive Summary
Cedar Hammock
Page 3
PREPARED BY:
Jo n R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thoma~ E, Kuck, ~,E, Date
Engineering Review Manager
Mulhere, AICP Date
Planning Services Department Director
APPROVEDBY:
,z---,-~--~ ~' ...
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
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AGE A T
NO. -~l~l
MAY 2 5 7999
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LOCATION MAP
NOT TO SCALE
MAY g 5 1999
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.694 OTERO, LAKE 2
EXCAVATION LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 28 EAST: BOUNDED
ON THE NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT, ON THE SOUTH BY 56TM
AVENUE NE R/W AND ON THE WEST BY VACANT LOT.
OBJECTIVE:
To issue Excavation Permit No. 59.694 for the Otero, Lake 2 Excavation in accordance with County Ordinance
No. 91-102 as amended, Division 3.5.
CONSIDERATIONS:
The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 27,359.00 C.Y.
to be hauled off-site.
FISCAL IMPACT:
The fiscal impact to the County is none. The County will realize revenues as follows:
Fund: 113
Agency: County Manager
Cost Center 138900 ~ Development Services
Revenue generated by this project
Total $3,135.00
The breakdown is as follows:
a) Excavation Review Fee - $ 850.00
b) Excavation Permit Fee - $ 156.00
c) Road Impact Fee - $ 2,129.00
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.694 for the Otero,
Lake 2 Excavation with the following stipulations:
1. The excavation shall be limited to a bottom depth of 12' below existing ground. All distributed
areas proposed for lake excavation shall be excavated to a minimum depth of 6' below control.
2 Off-site removal of material shall be subject to "Standard Conditions" imposed by the
Transportation Services Division in document dated 5/24/88 (copy attached).
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
4. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas, a
plants, will be required upon completion and acceptance of the excavation (La
1
Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is
submitted.
5. Groundwater shall not be pumped during the excavating operation.
6. Where groundwater is proposed to be pumped during the excavating operation, A
Dewatefing Permit shall be obtained from the South Florida Water Management District,
and a copy provided to Engineering Review Services for approval prior to the
commencement of any dewatering activity on the site.
7. No blasting will be permitted unless issued a separate permit by Collier County Engineering
Review Services.
8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal
Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collie\
County Planning & Technical Services before work shall commence.
9. Stockpile side slope shall be at a maximum of4:1 unless fencing is installed around the
entire perimeter of the stockpile area.
10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and
" erosion control device installed.
11. Operation shall be limited to one year. /
PREPARED BY:./;/ ./' //
STEP~N i~L,'~, SE'~OR ENGINEER DATE
ENGINEE~NG ~VIEW
REVIEWED BY:
TOM KUCK, P.E. DATE
ENGINEERING REVIEW MANAGER
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DI~CTOR
APPROV~BY: z/'
VINCENT A. CAUTERO, ~MINIST~TOR DATE
COMMUNITY DEV. ~D ENVIRONMENTAL SVCS.
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary. of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Adminisu:ation
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Rig~ht-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the fig~ht to establish emergency xveight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable'
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
EmIT "B"
Page One of Two
MAY 2 5 1999
Pg.
6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the riight to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follo~vs:
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/dept~"number of charges per blast by the Development Services
Director.
D. The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
--- 7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91 - 102 as amended.
Reference to letter of 5/24/88
Revised 1/13/98
Page Two of Two
MAY 2 5 1999
EXECUTIVE SUMMARY
AUTHORIZE A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE
BUILT BY RAFAEL MORALES AND JUANA PEREZ IN NAPLES MANOR UNIT ONE,
COLLIER COUNTY.
OBJECTIVE:
The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of
Collier County Impact Fees and appropriate the funds for waiver/deferral of Regional Water
and/or Sewer Impact Fees, Road Impact Fees, Library System Impact Fees, Parks and
Recreational Facilities Impact Fees, Emergency Medical Services System Impact Fees, and
Educational Facilities System Impact Fees for one house to be built by Rafael Morales and Juana
Perez, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Rafael Morales and Juana Perez have submitted an application for a 50% waiver/50% deferral of
impact fees for one house to be built by Rafael Morales and Juana Perez at 5204 Floridian
Avenue in Naples Manor Unit One, Collier County, as a low income, first time home buyer and
qualify for an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances.
FISCAL IMPACT:
Funding for the pro. posed impact fee waiver/deferral is available in the Affordable Housing Trust
Fund, Fund 191-138785. The total amount of impact fees requested to be waived/deferred is
$6,779.52.
a) Library System Impact Fee $ 180.52
b) Road Impact Fee 1,379.00
c) Parks and Recreational Facilities
Regional Parks 179.00
Community Parks 399.00
d) EMS Impact Fee 14.00
e) Educational Systems Impact Fee 1,778.00
f) Water Impact Fee 1,275.00
g) Sewer Impact Fee 1.575,00
Total Impact Fees to be Waived/Deferred $6,779.52
GROWTH MANAGEMENT IMPACT:
The impact fee waiver/deferral will bring relief for a low income family in comp ' .... ~o.~. '~,,
Policy 1.5.2 of the Housing Element of the Growth Management Plan, _ .
MAY 2 5 1999
Executive Summary
Morales/Perez Impact Fees
Page Two
RECOMMENDATION:
The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to
be built at 5204 Floridian Avenue, Naples Manor Unit One in Collier County, by Rafael Morales
and Juana Perez, a low income family, and to pay for these impact fees with State Housing
Incentive Partnership (S.H.I.P.) program revenue funds.
/jd
5/10//99
Prepared by:
(~j~anne Dalbey, Planner II ~'~""
Housing and Urban Improvement Dept.
Reviewed by:
nt Dept.
Approved by/;~
· ~/--~ Date ,~/
Vincent A. Cautero, AICP, Administrator
Community Development and Environmental Services
jd/c/execsum/moralesperez
MAY g 5 1999
1 RESOLUTION NO. 99-__
2
3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
4 COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
5 DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND
6 RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
7 EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL
8 FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER
9 IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY RAFAEL
10 MORALES AND JUANA PEREZ AT 5204 FLORIDIAN AVENUE,
11 NAPLES MANOR UNIT ONE, IN COLLIER COUNTY, FLORIDA.
12 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
13 affordable housing for moderate, low, and very-low income households in the County and the need for
14 creative and innovative programs to assist in the provision of such housing by including several
15 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
16 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
17 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
18 Housing Element; and
19 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
20 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
21 Administrative Code; and
22 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
23 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
24 Collier County impact fees; and
25 WHEREAS, Rafael Morales and Juana Perez are seeking a 50% waiver/50% deferral of
26 impact fees; and
27 WHEREAS, Rafael Morales and Juana Perez will construct a three bedroom unit (the
28 "Dwelling Unit") at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida; and
29 WHEREAS, the Dwelling Unit will be owned by a low income household, and
30 WHEREAS, Rafael Morales and Juana Perez submitted to the office of the Housing and
31 Urban Improvement Department an Affordable Housing Application dated April 2, 1999 for a 50%
32 waiver/50% deferral of impact fees for the construction of a house at 5204 Floridjan Avenue in Naples
33 Manor Unit One, in Collier County, Florida, a copy of said application is on file in the Housing and
34 Urban Improvement Department; and
35 WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems
36 Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee
37 Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities
38 Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee
39 Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services
40 System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational
MAY 2 5 1999
1 Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as mended; an applicant may obtain a
7--'~0% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and
WHEREAS, Rafael Morales and Juana Perez have qualified for an impact fee waiver/deferral
4 based upon the following representations made by Rafael Morales and Juana Perez:
5 A. The Dwelling Unit shall be owned by a first-time home buyer.
6 B. The Dwelling Unit shall be owned by a household with a low income level as that term is
7 defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
8 purchase the unit must be within the affordable housing guidelines established in the
9 Appendices to the respective Impact Fee Ordinances.
10 C. The Dwelling Unit shall be the Homestead of the owner.
11 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
12 occupancy is issued.
13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
15 I. The Board of County Commissioners hereby authorizes the County Administrator to issue an
16 Authorization for 50 % w'aiver/50% deferral of impact fees to Rafael Morales and Juana Perez
17 for one (I) house which shall be constructed at 5204 Floridjan Avenue in Naples Manor Unit
18 One, in Collier Count>', Florida.
1 Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
20 waiver/50% deferral of impact fees signed by Rafael Morales and Juana Perez, or other
21 documentation acceptable to the County Attorney, the Board of County Commissioners hereby
22 authorizes the payment by Collier County of the following impact fees from the Affordable
23 Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at
24 at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida by Rafael
25 Morales and Juana Perez:
26 A. Library Impact Fee S 180.52
27 B. Road Impact Fee 1,379.00
28 C. Parks and Recreational Facilities
29 Impact Fee:
30 (1) Regional Parks 179.00
31 (2) Community Parks 399.00
32 D. EMS Impact Fee 14.00
33 E. Educational Facilities System
34 Impact Fee 1,778.00
35
36 F. Sewer Impact Fee 1,575.00
37
38 G. Water Impact Fee 1.275.00
AGE I M
~ Total Impact Fees $ 6,779.52 No. ~
MAY 2 5 1999
1 3. The payment of impact fees by Collier County is subject to the execution and recordation of
2 an Affordable Housing Agreement for payment of Collier County Impact Fees between the
3 property owner and/or purchaser and the County.
4 This Resolution adopted after motion, second and majority vote favoring same.
5
6 DATED:
7 ATTEST: BOARD OF COUNTY COMMISSIONERS
8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
9
10
I 1 By:.
12 PAMELA S. MAC'K/E, CHAIRWOMAN
13
14 Approved as to form and
15 legal sufficiency:
18 Heidi F. Ashton
19 Assistant County Attorney
20
21
22 jd/c/reso/morales/perez
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
MAY 2 5 1999
1
2
6
7
8 EXHIBIT "A"
9
10
11
12 LEGAL DESCRIPTION
13
14 RAFAEL MORALES AND JUANA PEREZ RESIDENCE
15
16
17
18 LOTS I AND 2, BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING TO THE PLAT
19 THEREOF, RECORDED IN PLAT BOOK 3, PAGES 57 OF THE PUBLIC RECORDS OF
20 COLLIER COUNTY, FLORIDA.
21
22
23
24
25
26
MAY g 5 1999
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this day of
, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Rafael Morales and Juana Perez,
hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
--- Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
98-69, the Regional Water and/or Sewer Systems Impact Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling units qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees-as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50°,/0
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
1 MAY ~ 5 1999
F,g. ~
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- at its regular meeting of 1999; and
WHEREAS, the Impact Fee Ordinance requires that the O~rNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and v,,arrants the
following: . .
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
,A c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years
from the date the certificate of occupancy is issued for the Dw'elling Unit;
and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,779.52 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply ~vith the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived/deferred impact fees shall be a lien upon the properly which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
3 MAY 5 1999
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement ( 1 ) where O%VNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
shall be paid in full by OWNER within 30 days of said non-compliance. O~'NER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
4
e~ ,
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the OWNER be in
default of this Agreement, and the default is not cured within thirty (30) days after
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or otherwise enforced by the
COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all attomey's ·fees, incurred by the
Board in enforcing this Agreement, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the panics have executed this Agreement for
Waiver/Deferral of Impact Fees on the date and year first above written.
Witnesses: OWNER:
Print Name/;)--9, .' jTq, 2,' Z-Z.') ,L2L Rafael Morales
· Prii~me ~_:_)
STATE OF/ZZT,,dc.fd/'J/dr )
COUNTY OF (q, ~ .L .Z, '~/a )
The foregoing instrument was acknowledged before me this :2e~ day of
2- ,1999, by Rafael Morales. He is personally knovcn to me or produced
(type of identification) as identification.
~' ~ .~ 1"/12/Cornm E-b,. ~,'.LT/?OOI
~' 1%1o. C&b22512 N
s MAY 2 5 1999
Witnesses: 7~ ~
Print Name ,j~ .-~ W'/14'JLTt'
STATE OF /,E'.~/_,,'~ )
COUNTY OF C. ~ ,L/-,~ f2/g )
The foregoing instrument was acknoxvledged before me this ,..Z..)__ day of
/~)-r~ ~ ,'/ , 1999, by Juana Perez. She is personally known to me or produced
· ' .7' ' ' .(type of identification) as identificatf6n.
~--._.--".,/ No. CC622512
"'~-,..-'~"/aria:j:; KnOwn [ I
DATED:
BOARD OF COUNTY COMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and
Heidi F. Ashton
Assistant County Attorney
jd'c/agreements/morales/perez
MAY 2 B 1999
6
EXHIBIT 'A'
LEGAL DISCRIPTION
RAFAEL MORALES AND JUANA PEREZ RESIDENCE
LOTS 1 AND 2 OF BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 57, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
MAY g 5 1999
7
//~
72m ~
/YS'
EXECUTIVE SUMMARY
RESOLUTION TO EXTEND THE LAKE TRAFFORD RESTOPJ&TION AD HOC TASK FORCE
THROUGH MAY 7, 2000 AND RE-APPOINT/APPOINT MEa4BERS
OBJECTIVE: To re-appoint/appoint members to the Lake Trafford
Restoration Task Force and approval from the Board of County
Commissioners for the extension of the committee for 1 year, expiring
on May 7, 2000.
CONSIDERATIONS: On May 7, 1996, the Board of County Commissioners
adopted Resolution No. 96-225, establishing the Lake Trafford
Restoration Task Force for a period of 1 year to identify ways in
which to adequately restore the lake, as well as determine the best
funding sources available for the Lake Trafford restoration effort.
The 14 member task force was to prepare written findings and
recommendations and present them to the Board of County Commissioners
within 1 year. On May 20, 1997, the Board of County Commissioners
extended the term for 1 year expiring on May 5, 1998. The Board
again extended the term for 1 year expiring on May 5, 1999. At the
request of the Task Force Members, Dr. George G. Yilmaz was requested
to be appointed a member of the Task Force.
In order to permit the Lake Trafford Restoration Task Force to
continue and finalize its work, it is necessary to extend the task
force through May 7, 2000.
The membership of the task force is as follows:
MEMBERS:
Barbara B. Berry, Board of County Commissioners
Dr. George G. Yilmaz, Director, Collier County Pollution Control &
Prevention Department
Ed Carlson, South Florida Area Manager - National Audubon Society
Dr. Eric Flaig, Senior Engineer - South Florida Water Management
District
Gene Hearn, Pepper Ranch & Preserve
Jon M. Iglehart, Environmental Administrator - Department of
Environmental Protection
Frank Morello, Biological Administrator - Division of Fisheries,
Everglades Region, Game & Fresh Water Fish Commission
Edward "Ski" Olesky - Lake Trafford Marina, Inc.
Miles "Rocky" Scofield - Scofield Marine Consulting
Michael Simonik, Environmental Policy Facilitator - The Conservancy
Jackie Smith, Regional Biologistl- Department of Environmental
Protection
Clarence N. Tears, Jr., Director - Big Cypress Basin, South Florida
Water Management District
Fred N. Thomas, Jr.,- Greater Immokalee Chamber of Commerce
Pam Brown - Immokalee, Florida
MAY 2 5 1999
Pro.
.2
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners approve the
attached resolution for re-appointments/appointment of members to the
Lake Trafford Restoration Task Force; extend the task for 1 year with
an expiration date of May 7, 2000.
Prepared By: ~--------w_-~r~_~-- ~ ~ f/~ ' ~ ~ ~ ~
G. George Yilmaz, Ph.D., P.E., P.H., R.E.P, Director
Pollution Control & Prevention Department
Approved By: ~ /~ ~
Vincent 'A. Cauter~,~ AT~P~~ Administrator '
Co~unity Development & Environmental Services
MAY 2 5 1999
P'Io ~
1 RESOLUTION NO. 99-__
2
3 A RESOLUTION EXTENDING THE TERM OF THE LAKE TRAFFORD
4 RESTORATION TASK FORCE AND REAPPOINTING / APPOINTING MEMBERS TO
S THE LAKE TRAFFORD RESTORATION TASK FORCE.
7
8 WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Resolution Nos. 96-
9 225, 97-250, and 98-118, establishing the Lake Trafford Restoration Task For~ for a period of one year and them
10 extruding the term for additional on~ (1) year periods to expire May 7, 1999; and
11 WHEREAS, in order to finalize the work necessary to restor~ Lake Trafford, it will be necessary to ~xtend
12 the t~rm of this ad hoc committee for an additional one (1) year period; and
13 WHEREAS, the Chairman of the Lake Trafford Restoration Task Force provided the Board of County
14 Commissioners with a list of current and suggested members to be appointed and/or re-appointed to this committ~.
15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
16 COLLIER COUNTY, FLORIDA, that:
17 1. The Lake Trafford Restoration Task Force is hereby extended for an additional period of one (1)
18 year, said term to expire May 7, 2000.
19 2. The following members arc hereby re-appointed / appointed to the Lake Trafford Restoration Task
20 Force.
21 Barbara B. l?¢r~, Board of County Commissioners
22 Dr. George G. Yilmaz, Director, Pollution Control & Prevention Department
23 Ed Carlson, South Florida Area Manager, National Audubon Society
24 Dr. Eric Flaig, Scrtior Engineer, South Florida Water Management District
25 Gene Hearn, Pepper Ranch & Preserve
26 Jon M. Iglehart, Environmental Administrator, Department of Environmental Protection
27 Frank Morello, Biological Administrator, Division of Fisheries, Everglades Region,
28 G-am¢ & Fresh Water Fish Commission
29 Edward "Ski" Olesky, Lake Trafford Marina, Inc.
30 Miles "Rocky" Seo~eld, Scofield Marine Consulting
31 Michael Simonik, Environmental Policy Facilitator, The Cons~rvancy
32 Jackie Smith, Regional Biologi.st, Department of Environmental Prot~-tion
33 Clarence N. Tears, Jr., Director, Big Cypress Basin, South Florida Water Management Distri~
34 Frcu:l N. Thomas, Jr., Greater Immokalce Chamber of Commerce
35 Pnm Brown, lmmokalee, Florida
36 ·
37 This Resolution adopted this __ day of , 1999 after motion, second and majority vote
38 favoring same.
39 ATTEST: BOARD OF COUNTY COMMISSIONERS
40 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
41
42
43 By:.
44 PAMELA S. MAC'KIE, CHAIRWOMAN
45
46 Approved as to form and
47 legal sufficiency:
48
49 D~g~ ~
50
32 County Attorr~
53
54 at~/TYilm,z/raoluti~ 1999-Lake Trafford R~,anlioa Ta~k Fo¢~ cxtaaioa
MAY 2 5 t999
EXECUTIVE SUMMARY
APPROVAL OF SITE ALTERATIONS EXCEEDING 25 ACRES FOR CLEARING AND
FILLING IN THE NAPLES LAKES COUNTRY CLUB DEVELOPMENT.
OBJECTIVE:
To obtain approval from the Board of County Commissioners (Board) to permit site alterations
exceeding 25 acres for clearing and filling in Naples Lakes Country Club development.
CONSIDERATIONS:
Toll Brothers, the developer of Naples Lakes Country Club, has requested permission to clear and use
for stockpiling 65.6 acres of future residential tracts. The material which will be excavated and
stockpiled can only be stockpiled in the areas proposed (Area E,F,G and H) comprising the 65.6 acres
as shown on the attached drawing. Also attached is a copy of their request.
The request to clear and fill these future residential areas is based on the need to "properly utilize" the
fill that will be generated from on-site excavation. The construction of the golf course together with the
entire lake excavating and the preservation of the designated wet lands creates the need to provide an
area for the placement of excess fill for future needs on the residential lots.
The Land Development Code, Section 3.2.8.3.6, Paragraph 3 states: "Site alterations requiring more
than 25 acres to property utilize fill generated on site will require approval of the B.C.C.". In
accordance with Section of the LDC, we recommend the Board's approval to clear and fill the 65.6
acre sites in compliance with the approved overall development plan.
FISCAL IMPACT:
There will not be a financial impact on the County based on the approval of this 'request.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
None.
BOARD OF COUNTY COMMISSIONERS RECOMMENDATION:
That the Board approve the request for site alterations exceeding 25 acres and authorize star ~to
permits to clear and fill the 65.6 acres in accordance with the approved development plan.
MAY 2 5 1999
/
PREPARED BY
THOMAS E. KUCK, P.E. DATE
ENGINEERING REVIEW SERVICES MANAGER
REVIEWED BY:
~oeEff'x J. MULHERE, A~CP DATE '
PLANNING SERVICES DEPARTMENT DIRECTOR
APPR ~ BY:
VIN2~U/~;RO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. ~D E~IRONMENT~ SVCS.
SITE ALERTATION EX SUMMARY/Ink
MAY 2 5 1999
_.
.- -. _. - ':~..'.... :.'-:;-:.. '.. ., ..
.'--' .
.
· ~1_ . _-" ' ' ~'.' .~ ' ~' . Z" · -' ;-' -- ,
.....
....
/'Y 'LOCATIO. N MAP
·
. - _..
I- 75
STATE HIY . STATE HWY BS6
-
$TATE HWY 8q
.
East
llng
South
Airfield
C.R..864
~ATTLESNAKEHAMMOCK ROAD)
.PROJECT
,, 'LOCATION
- , AG[
-. ' ,:. No.
· .2 .: .,
-:i' '--' . I,,' .... .-._ .. :- M~Y
,. .... :,,
- . , . ,- .'-~-': :: ~_'.~,' . : , ,.- --
:~, - _- .. . · ::. ,: -: , .pg.
POST, ENGINEERING
BUCKLEY, PLANNING
'~SCHUH &
JERNIGAN, INC.
May 6, 1999
Mr. Tom Kuck, P.E.
Collier County Government Development Services Center
2800 North Horseshoe Drive
Naples, Florida 34104
Re: Naples Lakes Country Club
Request for Additional Stockpile Areas
Dear Tom:
On behalf of our client, Toll Brothers, we are requesting additional area to clear and place fill
material. The golf course and infrastructure construction is proceeding at Naples Lakes Country
Club, and the contractor needs additional area to stockpile fill from the lake excavation. The
material which will be excavated from the remaining lakes can only be stockpiled in the areas
proposed (Area E, F, G, and H) because the golf course is under construction and the preserve
area is being restored.
Previously, we received approval to clear and fill stockpile areas A, B, C, D the Golf Course
Maintenance Site and the Clubhouse Site. We are requesting the new stockpile areas E, F, G,
and H (plan attached) per Land Development Code Section 3.2.8.3.6. Please review our petition
and forward to the Board of Commissioners for their action. The total area, which will be
cleared and used for stockpiling, is 65.6 acres.
Area Permit and Status Acres Clear and Fill.
Status
Golf Maintenance Site SDP 98-182, Approved 2.5 Filled
Clubhouse Site SDP 99-12, Approved 6 Filled
Stockpile Area A SDP 98-138, Approved 12.9 Filled
Stockpile Area B SDP 98-138, Approved 11.1 Filled
Stockpile Area C SIP 99-01, Pending Plat, 11.1 Under Const.
Stockpile Area D SIP 99-01, Pending Plat 11.4 Under Const.
Stockpile Area E SIP 99-01, Pending Plat 11.1 Proposed
Stockpile Area F N/A 31.9 Proposed
Stockpile Area G N/A 9.8 Proposed
Stockpile Area H N/A 12.8 Proposed
MAY 2 5 1999
6326 Presidential Court, Fort Myers. Florida 33919 · Telephone: 941/482-7275 · Fax: 941/482
Mr. Tom Kuck
May 6, 1999
Page 2
If you have any questions, or need further assistance, please do not hesitate to contact me.
Sincerely,
PBS&J
Richard H. McCormick, P.E.
Program Manager
RHM/kmg
cc: Art Friedman
John Musto
Ralph Reinert
'g:\Toll\T>~ingXLetters\1999\tk0506.doc
MAY P~ 5 1999
EXECUTIVE SUMMARY
FINAL ACCEPTANCE OF SEWER FACILITIES ACCEPTANCE FOR
HERITAGE LINKS @ NAPLES HERITAGE
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the sewer facilities.
CONSIDERATIONS:
1) The Developer of Heritage Links @ Naples Heritage, has
constructed the sewer facilities within dedicated easements to
serve this development. See attached location map.
2) Preliminary acceptance was approved by the Community
Development and Environmental Services staff on August 12, 1997,
in accordance with Ordinance 97-17.
3) Staff has recorded all appropriate legal documentation which
had been reviewed by the County Attorney's office for legal
sufficiency.
4) The sewer facilities have been operated and maintained by the
Collier County Water-Sewer District during the one (1) year
warranty period.
5) A final inspection to examine for any defects in materials
and workmanship was conducted by the Community Development and
Environmental Services Division staff and found to be
satisfactory.
6) The Utilities Performance Security (UPS), in the form of a
Cash Bond in the amount of $2,721.80, will be released to the
Project Engineer or the Developer's designated agent upon the
Boards approval.
FISC3~L IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the sewer facilities will be paid by monthly user
revenues.
2 5 1999
p~. /
Executive Summary
Heritage Links @ Naples Heritage
Page Two
GROWTH MANAGEPIENT IMPACT: This project has been connected to the
South Regional Wastewater Treatment Plant. Capacity presently
exists to serve this project.
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator reconumends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept the sewer facilities
for Heritage Links @ Naples Heritage, and release the UPS to the
Project Engineer or the Developer's designated agent.
PREPARED BY:
Shirley Nix, Engineering Technician II Date
Engineer. i~g Review Services
REVIEWED BY:
Thomas E. Kuck, P.E. D~te'
Engineering Review Services Manager
. '~?
Robert Mulhere, AICP Date
Planning Services Department Director
APPROVEDBY~
Vincent A. Cautero, Administrator Date
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
MAY 2 5
C-5
' -
AG~A
~./~/~//
HAY 2 5
JUL ~4, ~7
~yto $
· e o~er of
BO~D OF C~NTY CO~ZSS]O~RS COLLZER COUNTYItlIIiilllII II~i~II$12,721,~
~DU~ND SEVEN ~NffiE~ T~N~ ~E RND SO/IOOlilllltlI~illllllilltlllill Dollars~
s FIRST UNION NA~ONAL BANK OF FLORIDA
.
AGF..NOA ITEM
NO,
HAY 2 5 1999
Official Receipt - Collier County Board of County Commissioners ,,
CDPR1103 - Official Receipt
!Trans Number Date Post Date Payment Slip Nbr
:283~ ........ ~,797 9:5Di44 Al'vf ..... ~ ~/4/9~ " : MS 20250
US HOME
HERITAGE LINKS AT NAPLES HERITAGE
Payor: FT MYERS FIN. CENTER
Fee Information
, Fe_e__C?d~__Descrip~tion_. .... GL Account Amount iWaived
12BOND DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 $2721.80
Total $2721.80
Payments
_P_ayment COde Account/Check Number Amount
CHECK 001076572 ...... $2721.80
Total Cash $0.00
Total Non-Cash $2721.80
Total Paid $2721.80
Memo:
Cashier/location: FROLOFF E / 1
User: NIX S
AGENDA ITEM
MAY 2 5 1999
Collier County Board of County Commissioners Printed:8/4/97 9:51:19 AM
CD-Plus for Windows 95/NT
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES LAKES
COUNTRY CLUB", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
TO approve for recording the final plat of "Naples Lakes Country
Club", a subdivision of lands located in Section 15, Township 50
South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Naples
Lakes Country Club". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost
o~ the required improvements, and 100% of the cost of any remaining
~improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Naples
Lakes Country Club" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $2,736,042.00 (estimated) to
be borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 850,540.00
b) Drainage,
Paving, Grading - $1,885,502.00
The Security amount, equal to 110% of the
project cost, is $3,009,646.20
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Revenue generated by this project:
Total: $51,429.33
Fees are based on a construction estimate o~AY25
$2,736,042.00and were paid in January and Apz[1,
1999. P~-_
Executive Summary
Naples Lakes Country Club
Page 2
The breakdown is as follows:
a)Plat Review Fee ($425.00 + $4./ac) - $ 2,365.00
b)Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 4,252.70
Drainage,
Paving, Grading (.425% const. est.) - $ 8,013.38
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $12,758.10
Drainage,
Paving, Grading (1.275% const. est.)- $24,040.15
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Naples Lakes Country Club" for recording with the following
stipulations:
1. Approve the amount of $3,009,646.20 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
MAY 2 5 1999
Executive Summary
Naples Lakes Country Club
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Robert Mulhere, AICP Date
Planning Services Department Director
APPROVED
Vincent A. Cautero, AICP, Administrator ~"Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
MAY 2 5 1999
r
LOCATION MAP
STATE HWY 84
Wln~
Alr~eid
C.ILBG4
(RATTLE~NAKEHAMMOCK ROAD)
PROJECT
LOCATION
NIAY 5 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE AN EARLY WORK AGREEMENT FOR CEDAR HAMMOCK
GOLF COURSE
OBJECTIVE:
To approve an early work agreement for Cedar Hammock Golf
Course.
CONSIDERATIONS:
Because of the length of time for construction of a golf
course and supporting facilities, the developer is requesting
approval to begin construction of the golf course prior to
final approval of plat and construction plans for the
residential development. The developer has provided a
Subdivision Improvements Early Work Agreement. This
agreement has been reviewed by the Community Development
Division and the County Attorney's office.
FISCAL IMPACT:
The fiscal impact is as follows:
Review fees $164S.67
Inspection fees $4937.02
Fund: Community Development Fund 113
Agency: County Administrator
Cost Center: 138900 ~ Development Services
GROWTH MANAGEMENT IMPACT:
None
RECOMMENDATION:
That the Board of County Commissioners approve the Early Work
Agreement for Cedar Hammock Golf Course.
That the Board authorize the Chairman to execute the
Subdivi s i on Improvement s Early Work Agreement for Cedar
Hammock.
HAY 2 5 1E,39
Executive Summary
Cedar Hammock Golf Course
Page 2
PREPARED BY:
John R.' H~uldsw0rth DATE
Senior Engineer
REVIEWED BY:
Thon~as E. Kuck, P, E.
Engineering Review Manager
Robert J. Mulhere, AICP DATE
Planning Services Department Director
APPROVED~BY:
vindlent A. Cautero, AICP, Administrator ~ATE'
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
MAY 2 5 IS:5
p~. ~)
PLAT BOOK P AGE
SHEET 1 OF 1
RANGE 26 EAST
29 ~ ~:
DEN GATE 27 ~ ~: 26 25 o
DKWy. cn
32 <: '; ~. 35 36 i-r- f,[ -~,. '.,'.. ':
' ~: ,; -, '~.;
n,- RADIO RD. 1-75
iI--
5 z -o
< 4 co
cn 3 '
S BLVD. 2 1
~ 8 9 10 ~ 11 I 12
6 L
LOCATION MAP
NOT TO SCALE
'REVIEW SERVICES
D BY THE ENGINEERING REVIEW SERVICES SECTION 1,4AY 25 1~
DEVELOPMENT DIVISION OF COLLIER COUNTY. FLORIDA,
, 1999 A.D.
SUBDIVISION EMPROVEMENTS EARLY WORK AGREEMENT FOR
CEDAR HAMMOCK
THIS AGREEMENT, made and entered into this __ day of
1999, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA (hereinafter referred to as "County") and U.S HOME CORPORATION, a Delaware
corporation (hereinaFter referred to as the "Developer").
WHEREAS, Developer is the record title owner of real property in Collier County described
in Exhibit "A" hereto, and due to the size and complexity of the golf course portion of the subject
project, demands for certain infrastructure which is specifically described herein exceed the rate at
which the remaining portions of the subject project would typically be expected to develop and
provide infrastructure supporting the golf come portion of the subject project; and
WHEREAS, Developer is desirous of constructing subdivision improvements prior to the
approval and recordation of subdivision plat for the subject project: and
WHEREAS, the Developer wishes to construct a golf come hereinafter referred to as the
Cedar Hammock Country Club in accordance with the Collier County Land Development Code,
Collier County Ordinance 91 - 102. The Infrastructure which is the subject of this Agreement needed
to support the golf course is specifically described in Exhibit "B"; and
WHEREAS, this golf course is to be constructed in an area remote from existing or
immediately planned infrastructure and the golf course construction requires groW-in and other lon, g
lead time items; and
WHEREAS, the construction planned does not and will not be amended to include plans for
residential or clubhouse related uses beyond the limited in~'astructure subject to this Agreement; and
NOW THEREFORE, in consideration ofthe premises, the mutual undertaking of the parties,
and other good and valuable consideration, it is agreed by the parties hereto as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. Developer agrees to proceed with the plat for the golf come and the required
infrastructure to support the golf come. The plat shall remain unrecorded and no bonding shall be
required while the Developer completes the golf come and the related infrastructure described in
Exhibit "B" · Developer agrees to execute a construction and maintenance agreement in a format
acceptable to the County at the time of plat approval by the Board of County Corer tssioners of the
MAY 2 5 tee9
1
P,. ,4
3. Developer agrees to complete the golf course and its required improvements within
three years. Operation of the completed golf course shall not commence until the final plat is
recorded and the County grants preliminary acceptance to the required subdivision improvements
and all required support facilities are in place and approved for occupancy and use as a golf course
facility.
4. Developer agrees to dedicate and grant, without cost or reimbursement to the County,
all necessary easements to the County and all other service proriders to serve the golf course and
remaining portions of the overall project and other lands, provided said easement grants do not
unreasonably interfere with the use and operation of the golf course.
5. Developer agrees to record the final plat upon completion of construction and final
inspection of infrastructure and lake excavation work and agrees to provide a maintenance bond for
the infrastructure required to the provisions of the Collier County Land Development Code, Collier
County Ordinance 91-102, as amended or its successor in function, same being sometimes
referenced herein as "Subdivision Regulations".
6. Developer shall prepare subdivision construction plans and a final plat and shall
submit these plans and plat for review and approval in accordance with the Subdivision Regulations.
Plans shall include where applicable water management lakes, conveyance structures and outfalls,
irrigation facilities, other permanent or temporary access roads or utilities, utility crossings and the
like, and site clearing.
7. Developer shall obtain all requisite federal, state and local permits and approvals and
shall construct the infrastructure subject to this Agreement including the aforementioned golf course,
lakes and water management facilities, irrigation pump stations, shelters, temporary infrastructure
and any maintenance facility in accordance with all applicable federal, state and local regulations,
land use and land development regulations.
8. Developer agrees and acknowledges that any temporary water, sewer, and access
facilities, if required, shall be abandoned in favor of permanent connection at such time as the
permanent services are available to the site. Verification and approval of any temporary facilities
will be made during the site development plan and/or building permit review process, whichever is
applicable.
9. Developer agrees that a Site Development Plan (sometimes referred to herein as
"SDP") shall be submitted for any vertical construction, such as maintenance facility or proposed
su'uctures serving the golf course in accordance with Ordinance-82-02, as amended by Ordinance
90-24, or their successors in function, to obtain site plan approval. After the SDP is approved
Developer shall be allowed to apply for building permits which directly relate to the development
of structures for the golf course only. Any proposed clubhouse or like facility s~ .'I ..v:' ' .
to be part of this Agreement or the infrastructure addressed herein. )~_~//~)t.
10. County agrees and shall permit the Developer to proceed with the planrang,
permitting and construction of the golf course irrigation pump station, rest shelters, maintenance
facility, and requisite infrastructure which is the subject of this Agreement. Issuance of County
approvals to commence construction of the subdivision improvements shall be conditioned upon the
following:
a) Upon the County Manager, or his designee, finding that the subdivision construction
plans and documents and final plat for the golf course are in compliance with the
provisions of the Growth Management Plan and the Subdivision Regulations and
thereafter upon approval of same by the Board of Commissioners during a regularly
scheduled meeting.
b) Developer's submittal to County a copy of the following permits and/or approvals:
A Standard General Permit for Incidental Site Activities liom South Florida Water
Management pursuant to Chapter 40E-40.1M2, F.A.C.
An Authorization of Work within Jurisdictional Wetlands issued by the Corps of
Engineers
c) Developer posts the necessary lake excavation bonds pursuant Ordinance 88-26, as
amended, or its successor in function.
Upon full and good faith compliance with the provisions of this paragraph, the County shall process
the building permits subject to normal review procedures. A certificate of occupancy for those
building permits approved under the terms of this Agreement will be issued upon satisfactory
completion of building and site construction in accordance with approved plans. Occupancy and
operation of any irrigation system, maintenance facility, or rest stations shall not be withheld
pending the preliminary acceptance of the Cedar Hammock golf course infrastructure and
recordation of the Cedar Hammock golf course plat, provided all necessary temporary or permanent
support infrastructure is completed and properly placed in service by the County.
11. County shall not permit and the Developer shall not seek to place the golf course in
service until the final plat of the golf course is recorded, preliminary acceptance of the golf course
infrastructure is granted by the County and all temporary or permanent water, sewer drainage and
access facilities are available to support the golf course and its related uses and activities.
12. All notices required or permitted to be given hereunder shall be in writing as follows:
If to County County Manager
Courthouse Complex
Naples, Florida 34112
With copies to Development Services Director
and Project Plan Review Manager
If to Developer Peter Comeau
U.S. Home Corporation
10491 Six Mile Cypress Parkwa,
Fort Myers, Florida 33912
13. This agreement shall be binding upon the parties, their successors and assigns, and
shall run with and bind the lands described and encompassed herein.
14. Developer agrees to indemnify and hold County harmless against any and all liability,
loss. damage or expense from claims or causes of action, including attomey's fees and court costs,
resulting from a challenge by any person or entity objecting to the legality or validity of this
Agreement.
15. Unless terminated by the written mutual consent of the parties hereto, this Agreement
shall terminate upon final acceptance of the infrastructure and subdivision improvements addressed
herein upon the final acceptance of same by the County in accordance with the Subdivision
Regulations.
IN WITNESS WHEREOF the parties have executed this Agreement the date first above
w~itten.
Signed, sealed and BOARD OF COUNTY COMMISSIONERS
delivered in the COLLIER COUNTY, FLORIDA
presence of:
By:
Pamela Mac'Kie
Chairwoman
Attest:
Dwight E. ock. Clerk
Signature of Witness # 1
~i2~J ~ O,,a~k,~ ~.,~ By: _ _~ ~__
Pnn e ame o i Peter Comeau, Regional Vice President
/~~ Southwest Florida Division
Sign/anire/ofXi~i~ies~2 t -
Pnnted Name of ~itn'~rss#2
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this ff day of/~,4 ~ ,
199_01_ by Peter Comeau, Regional Vice President ofU. S. Home Corporation , who is personally
known t.______o me_ or who has produced as identification and who
did / did not take an oath.
~.. ~ ~ ~,,
s ,a~,~,~,~,z,,,,~t,2~_,~ ,~ Printed Name of Notary
MAY 2 5 lgg9
#
EXHIBIT "A"
TO GOLF COURSE EARLY WORK AGREEMENT FOR
CEDAR HAMMOCK
DESCRIPTION OF LANDS SURVEYED
A TRACT OF LAND LYING IN A PORTION OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO.
951 ), LESS AND EXCEPT A 25 FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED
IN OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LYING SOUTHEASTERLY OF DAVIS BOULEVARD
(STATE ROAD NO. 84).
SAID PARCEL CONTAINING 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS,
,---- RESTRICTIONS AND RESERVATIONS OF RECORD.
MAY 2 5 1529
pg. ~
EXHIBIT "B"
TO GOLF COURSE EARLY WORK AGREEMENT FOR
CEDAR HAMMOCK
LIST OF INFRASTRUCTURE IMPROVEMENTS:
1. The cleanng of that portion of the property described by Exhibit "A' as shown by the
attached drawings entitled "PWA Construction Plan" and "PWA Construction Details"
prepared by Banks Engineering, Inc. and dated 4/12/99 which are included herein by
reference.
2. The excavation of the proposed water management lakes and the filling of portions of the
cleared area.
3. The construction of all water management berms. perimeter ditches and terminal features.
4. The installation of the piping and intermediate structures interconnecting the water
management lakes as well as the discharge structures.
5. The installation of the golf course and its infrastructure including, but not limited to, golf
course filling, grading and grassing, its irrigation and drainage systems, golf cart and
pedestrian paths and bridges, rock rip-rap and wooden retaining walls and rest shelters.
6. The construction of an internal haul road consisting of both an embankment and subdivision
improvements for future development phases as shown by the aforementioned attached
drawing.
7. The construction of roadway and subdivision infrastructure improvements at the Project's
entrances within the rights-of-way of County Road 951 and State Road 84.
8. The construction of the internal haul road for the Project.
MAY 2 5 13£ ]
6
EXECUTIVE SUMMARY
A BUDGET AMENDMENT FOR THE PROVISION OF TRANSPORTATION
DISADVANTAGED SERVICES.
Objective: Approval of a budget amendment for the provision of transportation
disadvantaged services.
Considerations; At the begihning of the current fiscal year, the Board agreed to
contribute $100,000 over the course of the fiscal year to Good Wheels in their role as
Community Transportation Coordinator (CTC). That monthly contribution is one of the
funding sources used to provide transportation disadvantaged services.
When Intelitran replaced Good Wheels they estimated that the provision of services
might have been costing Good Wheels as much as $33,000 per month in excess of the
funds available from all sources, including the above mentioned county contribution.
For that reason, Intelitran estimated that the County, in their new role as CTC, might need
to contribute an extra $100,000 above its original commitment during the expected three
month period during which a permanent management entity would be sought. Intelitran
also agreed to do all they could to minimize that eventual extra subsidy.
One unforeseen expense was the acquisition from Good Wheels, Inc. of ten percent of the
depreciated value of a nineteen vehicle fleet. Ninety percent of the fleet is owned by the
Florida Department of Transportation (FDOT), and as such, they are the first lien holder,
and also hold the title to the vehicles. The ten percent share has been calculated at
$39,503
Fiscal Impact: There would be an immediate but not necessarily permanent fiscal
impact of $39,503 for the acquisition of ten percent of the depreciated value of the
nineteen vehicles transferred from Good Wheels, Inc. If Collier County relieved itself of
the role of CTC and appointed another entity, the County would receive ten percent of the
depreciated value of the vehicle fleet at that time. Subsidies above the original
contribution are estimated to be $100,000, but Intelitran has implemented a new rate
policy that may reduce the likelihood of the amount being required. The total additional
fiscal impact is $139,503. Funds are available in General Fund (001) Reserves
Growth Management ImpaCt: None.
RecommendatiOns: Staff recommends that the Board of County Commissioners
approve a budget amendment to increase the annual contribution in the MPO Fund (126)
by an additional $139,503 to be funded by an increase in the interfund transfer from the
General Fund (001).
MAY
Pg. ~ .
Prepared by: Date'3'-}O ' 9 9
Gavin J ii7, on Planning Manager
Reviewed by:
R anning Services Director
Approved by:
Vincent A. Cautero, AICP, Community Development &
Environmental Services Administrator
~'
MAY 2 5 1999
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE THE COMPENSATION AMOUNT FOR
FISCAL YEAR 2000 AS CONTAINED HEREIN WITH SEVERN TRENT
ENVIRONMENTAL SERVICES, INC. TO PROVIDE FOR CURRENT
CONTRACT MANAGER SERVICES FOR THE PELICAN BAY
SERVICES DIVISION
OBJECTIVE: To gain the Board of County Commission approval of the Fiscal
Year 2000 compensation amount with Severn Trent Environmental Services, Inc..
to provide contract manager services for the Pelican Bay Services Division.
CONSIDERATION: The firm of Severn Trent Environmental Services, Inc. has
been providing the requisite services for the Pelican Bay Services Division and
the fee arrangement of $48,000 for Fiscal Year 2000. The Pelican Bay Services
Division Advisory Committee has reviewed and recommends approval of this
compensation amount.
The Agreement renews each fiscal year and the Fiscal Year 2000 compensation is
$5,000 less than set forth in the current agreement.
FISCAL IMPACT: The fee outlined herein is $48,000 per year and is budgeted
in Funds 109 182601 634999, 109 182900 634999 and 778 182700 634999 of the
Pelican Bay Services Division. There are no other costs associated with this
contract. Fund 109 is the Water Management Fund. Fund 788 is the
Pelican Bay Street Lighting District.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Comn~issioners approve the
compensation amount for Fiscal Year 2000 as contained herein for Severn Trent
Environmental Services, Inc. to provide for contract manager services for the
Pelican Bay Services Division.
P RE P ARE D B Y: /,/~Z~'i~,Zc7/D A T E: ~
J hines P. Ward
APPROVED ~
DATE:
Ed Ilschner, Administrator
Public Works Division
M A Y 2 5 1999
ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES
MANAGEMENT CONTRACT BETWEEN GARY L. MEYER, P.A. AND
COLLIER COUNTY, DATED OCTOBER 6, 1992
THIS ASSIGNMENT is made this /~';c~ day of ~, 1998, between
Gary L. Meyer, P.A., ASSIGNOR and Severn Trent Environmental Services, Inc., ASSIGNEE,
RECITALS
WHEREAS, ASSIGNOR and Collier County had previously entered into a professional
services management contract dated October 6, 1992 (the "Agreement"); and
WHEREAS, the ASSIGNOR desires to assign the Agreement to the ASSIGNEE and the
ASSIGNEE desires to accept the assignment and assume the responsibilities thereunder.
WITNESSETH:
NOW, THEREFORE, in consideration of the sum of ten dollan and 00/100 ($10.00) and
other valuable consideration, receipt of which is hereby acknowledged, the ASSIGNOR hereby
assigns and transfers to the ASSIGNEE, and its successors and assigns, all of its right, title and
interests in and to the Agreement, and the ASSIGNOR hereby agrees to and does accept the
responsibilities of the ASSIGNOR under said Agreement. ASSIGNOR expressly assumes and
agrees to and does accept the assignment and in addition, expressly assumes and agrees to keep,
perform and fulfill all terms, covenants, conditions and obligations required to be kept under said
Agreement by the ASSIGNOR. This Agreement shall be binding on and enure to the parties
hereto, and their successors and assigns.
AQENDA ITEH
This ASSIGNMENT was executed the day and year first written above. No
MAY 2 5 1999
WITNESSES: ASSIGNOR:
GARY L. MEYER, P .A.
i;nature ' '
Primed/Typed Name Pnn~ Name and
ASSIGNEE:
~~ SEVERN TRENT ENVIRONMENTAL
Signature SERVICES, INC.
Barbara Braentner By:
Pri~.ted/T ed Name ~//"' '
Robert A. Ostrander
Printed/Typed Name
Consented to this /~:~ day of"~a,,~-~d.d,t~ ,1998.
,.. ~ ,, ,~ ~, f,..!!,j:.,~
-. j ,-. i'>, .~.': .'~ ...
~ATi'ESTi": '.""'i~:;<.~.'5;"'~.,~:',,BO~ OF CO~ CO~SSXO~
~D~GHT E. BROC~ ClerkOF COLLmR CO~, FLORA
-} :'.... ,, ..,.:~.'~.,~'~....,
"L ." " ' ~m~. h~ Ch~
~t
signature' 0nl~.
Approved u to fort ~d
legal su~ciency: AGENpA TT '
LL'6[,' ~ .~~ HAY25 1999
~didi ~. Xs~ton Pf ~.
Assist~t Co~ A~omey
AGREEMENT BE'ZWEEN
COLLIER COUNTY, FLORIDA AND THE FIRM OF
GARY L. MOYER, P.A. FOR MANAGEMENT ADVISORY SERVICES
THIS AGREEMENT, made and entered into on this ... day of
~~~j___, 1992, by and between Collier County, a political
subdivision of ~he State of Florida, hereinafter referred to as
"COUNTY", and the firm of Gary L. Moyer, P.A- hereinafter
referred to as "MANAGER", whose addres5 is 10300 NW 11th Manor,
Coral Springs, Florida 33071.
WITNE.SSET~:
WHEREAS, the COUNTY desires =o employ the services of the
MANAGER for the purpose of providing management advisory
services for the Pelican Bay Services Division, as required to
mee~ the management needs during the contract per.iod; and
WHEREAS, the MANAGER desires to assist the COUNTY with
such matters.
NOW, THEREFORE, in consideration of the mutual oovenants
and agreements expressed herein the parties agree as follows:
1. The COUNTY hereby engages ~he MANAGER for the
services described in Exhibit A, attached hereto and
incorporated by reference herein.
2. The COUNTY agrees to compensate the MANAGER in
accordance with the fee schedule set forth in Exhibit A. The
total and cumulative amount of this contract shall no= exceed
the amount of funds annually budgeted for these services.
HAY 2 5 1999
Pg J
I
Reimbursable expenses, incurred during the caurse of
performance o£ this contract, including, but not limited
out-of-pocket expenses for express mail, camputerized research,
work processing char~Jes, long distance telephone, pos~ge and
photocopying are included in the fee Bet forth In Exhibit
3. This Agreement may be terminated by either party upon
sixty (60) days ~ritten notice prior to the ter~__~natton date-
Upon termination by either parUy, the F~NAGER shall transfer
all work in progTess, completed work, and any and all other
materials related to the terminated work to the COUNTY.
4. The MANAGER shall provide periodic status reports,
either oral or in writing, as may from time to time be
requested by COUNTY.
5. To the extent permitted by law, all ~Titten and oral
information not in ~he public domain or not previously known,
and all information~ and data obtained, developed, or supplied
by the COUNTY or at its expense will be kept confidential by
the MANAGER and will nut be disclosed to any other party,
directly, or indirectIV, without the COUNTY~S prior written
consent unless required by a lawful order. All drawings, maps,
sketches, and other data developed, or purchased under this
Agreement or at the COUNTY'S expense shall be and remain the
COUNTY'S propert~ and may be reproduced and re-used at the
discretion of the COUNTY.
The COUNTY and MANAGER shall comply with the provisions of
Chapter 119, Florida Statutes (Public Record2 Law).
6. The MANAGER shall devote such time as is necessary
' ' MAY 2 5 1999
Complete the duties and responsibilities assigned to the
KANA3ER under this )~Jreement. The MANACER shnll be Onsets at
~e o~ces o~ ~e Pelican B~ S~vices D~s~ri~, a
416 hc~s ea~
7. ~e ~AG~ wa~~ ~nt ~11 s~ces
peffo~ed ~ s~lled and c~petent perso~el to ~e h~hest
professional stand~ds.
8. ~e s~a~e on ~s A~eement ~ ~e ~~ shall
act as the ~ecution of a ~-in-negotiation ce~ificate
ce~if~ing that ~e wage ra~es and costs used tu detains ~e
compensation provided for in ~e Age~ent ~e aceate,
complet8 and ~ent as o~ ~e dare of ~is Agre~t.
9. ~e ~AG~ repres~ts ~at it presently has no
in=erest and shall ac~ire no int~est, eider direct or
ind~ect, whi~ would conflict in ~ ~ner w~
perfomnce of se~ices re~red hers~der, as provided for
~e st~nd~d set for~ in Se~ion 112.311, Florida S~tutes.
The ~AG~ f~ther represents ~at no person having ~ny
int~est shall be ~plo~ed for sa~d p~o~nce.
~e ~A~ shall pr0mptl~ nc~i~ ~ co~ ~ ~iting by
c~ified ~il of .all potential conflicts of intoset for
prospective business association, ~terest or o~er
circetahoe whi~ ~y ~nfluence or appear to in~lu~ce ~e
~AG~ ~ S jud~ent or ~alit~ of se~ices hing provided
here~der. Such witte notification sh~ll identif~
prospective business association, ~terest or circ~tance,
notre of work that ~e ~AG~ ~ ~d~e and fewest an
- 3 -
MAY 2 5 1999
Pg
opinion of the COUNTY as Co whether the association, interest
or circumstance would, in the opinion of the COUNTY, constitute
a conZlict of interest if entered into by the HANAGER. The
COUNTY a~ree~ to notify the HANAGER of its opinion by certified
mail within thil~cy (30) days of receipt of notification by the
MANAGER. If, in the opinion of the COUNTY, the prospective
bus iness association, interest or circumstance would not
constitute a conflict of interest by the MANAGER, the COUNTY
shall so state in its opinion and the association, interest, or
circumstance shall not be deemed in conflict of interest with
respect to services provided to the COUNTY by the MANAGER under
the terms of this Contract. This Agreement does not prohibit
the MANAGER of performing services for any other special
pur~_ose taxing district, and such assignment shall not
constitute a conflic~ of interest under this Agreement.
10. The MANAGER is, and shall be, in the performance o[
all work service~ , and activities under this Contract, an
Independent Contractor, and not an employee, agent, or servant
of the COUNTY. .-
11. Federal income taxes will not be withheld by COUNTY
on behalf of MANAGER nor shall COUNTY pay any payroll tax of
any kind on behalf of HANAGER. NANAGER shall not be treated as
an employee git/~ respect to the services performed hereunder
for federal or state tax purposes.
12. MANAGER understands that NANAGER iS responsible to
pay, according to law MANAGER ~ S income tax.
13. Because MANAGER is an independent contractor, MANAGER
HAY 2 5 e99
is not eligible, and shall not participate in, an e~pl~ee
pension, health, or other fringe benefit plan of COUNTY.
14. No worker~s compensation insurance shall be obtained
by COUNTY concerning MANAGER or the employees of the MANAGER.
MANAGER shall comply with the worker e s compensation law
concerning MANAGER and the. employees of MANAGER.
15. The MANAGER does not have the power or authority to
bind the COUNTY in any promise, agreement or representation
other than specifically provided for in this Agreement.
16. The MANAGER warrants that it has not employed or
retained any company or person, other than a bona fide employee
working solely for the MANAGER to solicit or secure this
Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm other than a bona
fide employee working solely for the MANAGER any fee,
com~ission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this
Agreement.
17. The MANAGER warrants and represents that all of its
employees are treated equally during employment without regard
to race, color, physical handicap, religion, sex, age or
national origin.
18. The MANAGER hereby represents and warrants that it
has and will continue to conduut its business activities in a
professional manner and that all services shall be performed by
skilled and competent personnel to the highest professional
standards.
MAY 2 5 1999
19. The COUNTY ackn~ledges ~hat ~he NAI~GER is not an
a~torney ~nd may not render legal adv~-se or opinions, /L~hough
the MANAGER may participate in the accumulation o£ inf~rmation
necessary for use in documents required by the COUNTY in order
to finalize any particular matters, such information shall be
ver i f ied by the' COUNTY as to its correctness ~ provided,
however, that the COUNTY stroll not be required to verify the
correcthess of any information origina=ed by the MANAGER or
the ccrrectness of any information originated by the MANAGER
which the MANAGER has used to formulate its opinions and advice
given .to the COUNTY.
a0. MANAGER, in consideration of $10.00, ~he sufficiency
and receipt of which is acknowledged through the signing of
this Agreen. ent shall protect, defend, indemnify and hold COUNTY
and i=s officers, employees, and agen=s harmless from and
against any and all lo~es, penalties, damages, professional
fees, including attorney fees and costs of litigation and
Judgments arising out of any willful misconduct or negligent
act, error or omission of the HANAGER, its consultants,
subcontractors, agents or employees, arising out of or
incidental to the performance of this Agreement cr work
performed thereunder. The consideration exchanged and the
provision of ~his paragraph shall also pertain to any claims
brought against the COUNTY, its officers, employees, or agents
by any employee of the MANAGER, or any consultant or
subcontractor, or anyone directly or indirec~ly employed by any
of them. T~e MANAGER' $ obligation under this paragraph shall
AGENOA lTrr., I
r,,
- 6 - .o. I/~. ~( 9
HAY251999
not be limited in any way b~ the agreed upon contract price as
shown in this Agreement or the MANAGER~S limit of, or lack of,
sufficient insurance protection.
21. This Ac/reement shall be governed by the laws of ~he
State of Florida. Any and all legal action necessary to
enforce the Agreement will be held in CQllier County and the
Agreement will be interpreted according to the laws of Florida.
No remedy herein conferred upon any par~y is intended to be
exclusive of any other remedy and each and every such remedy
shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or
in equit]/or by statute or o~herwise. No single or partial
exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
In any action brought by either party for the enforcement
of the obligations of the other party, the prevailing party
shall be entitled ~o ,recover reasonable attorney~s fees.
22. All notices required in this Agreement shall be sent
by certified mail, ret~trn receipt requested, and if sent to the
COUNTY shall be mailed
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY GOVERNMENT CENTER
3301 EAST TAKEAMI TRAIL
NAPLES, FLORIDA 33962
ATTENTION= MICHAEL J. VOLPE
HAY 2 5 199!
wi~h copy
3301 ~ TAXYAXX
}Z~LF~, FLO~J:]2A 33962
A~ION: ~, ~IL DO~
CO~
If sent ~o ~e ~AG~ s~ll
~Y L. MO~, P.A.
10300 ~ 11~
~ ~GS, ~~ 33071
23. ~e fore~o~g t~ and ~nditions constitute ~e
entire Age~t be~e~ ~e p~es h~eto
representation not contained h~ ~all be null ~d void and
no force and effect. ~er ~is ~e~t ey be ~ended
only in ~it~ng upon mtual ;onset of ~e pa~ies hereto.
24. No ~en~ents and/or ~difications of ~is
shall be valid ~less in ~it~g
parties. ~is Age~t ~all be r~ewable ea~ F~s~l Year of
~e CO~, ~le~s o~ise t~hated ~ ei~ pZ~.
Negotiations shall ~ held ~ior to ~e ~~S Fiscal Ye~
end. The COl and ~AG~ w~ll consider price adjus~ts
each twelve ( 12 ) mon~ period to c~p~ate ~ur market
conditions' and ~e ~t~cipated t~e ~d ~ount of work to be
perfumed d~ing ~e nex~ twelve (12) mun~ period.
IN WITNESS WHEREOF, the COUNTY and MANAGER have each,
respectively, l~f .an authorized person or agent, hereunder set
their hands and seals on ~he date and year first above written.
=AMES C. dI~, Clerk
~':i-.":.= .': ,-'-'?~;
Assistant County Attorney
Witness ·.
w~~ BY~
ldy~7674
HAY 2 5 1999
~'I'T
1. General Consulta~ion, Meetings and Division Representation-
Consul~ with the County Manager and when necessar~,
participate in such meetings, discussions, project site
visits, workshops and hearings as may pertain to the
administration, acccmplis~mnt and ful££11ment of the
professional services set forth hereln vlth regards to the
pro~ects and general interest of the Division.
Meet with pertinent public agencies and priute individuals
in connection with the in~sres~ of ~hs DivisiOn. Itsport -~o
county the results of these meetings and provide advice where
necessary to County to assis~ County in reachinq decisions
regarding Division matters.
The service to be provided shall also include, bu~ not be
1 imited to planning, scheduling, production and quality
control; coordination and administration of various
professional service elements within the Division.
2. Meetings of the Board of County Commissioners-
The Manager shall attend re~ulaz and special meetings of the
Board of County Commissioners when issues arise regarding
Division Activities.
3. Manager shall prepare and administer the Division~s ~nnual
Budget(s} in accordance with all Federal, S~ate and County
laws, rules and regulations where applicable.
4. The Manager .shall consult with and advise the CounC~ on
matters related to the opera~ion and maintenance of the
Division ~ s works.
5. The ~anager shall at=end meetings and advise the advisory
boards of the Division.
S. The Hanager -shall prepare the necessary or~aniza~ional
structure and oversee the hiring and supervision of the
personnel employed by the Division in accordance with all
Federal, State and County laws, rules an regulations where
applicable.
7. ' The l~anager shall implement the policies established by the
County in connection with the operation of the Division-
S. The Manager shall provide all other services necessary to
effectively manage the operation of the Division.
- - HAY 2 5 e99
IPBB 8QIF!~DU'F~
Executed contrac~ date $4,417.O0-Per month at the
1Lt~ough September 30, 1993 beginning o~ each month ~or
the prior months service.
October 1, 1993 through $4,417.O0-Per month at the
September 30, 1994 beglnn~ng o£ each month for
the prior months service.
HAY 2 5 t999
Ip9
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE A WORK AUTHORIZATION UNDER THE PELICAN BAY
SERVICES DIVISION'S CURRENT PROFESSIONAL ENGINEERING
AGREEMENT WITH WILSON, MILLER, BARTON & PEEK IN AN AMOUNT
NOT TO EXCEED $5,000, TO PREPARE THE PRELIMINARY AND FINAL
ASSESSMENT ROLL FOR THE NON-AD VALOREM ASSESSMENTS FOR
BEAUTIlqCATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS,
AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, U.S. 41
BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN
AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL
WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT
UNIT.
OBJECTIVE: To obtain Board of County Commission approval to approve a Work
Authorization under the Pelican Bay Services Division's current Professional Engineering
Agreement with Wilson, Miller, Barton & Peek in an amount not to exceed $5,000, to
prepare the Preliminary and Final Assessment Roll for the non-ad valorem assessment for
beauti~cation of recreational facilities and median areas, and maintenance of
conservation or preserve areas, U.S. 41 berms, street signage replacements within the
median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican
Bay Municipal Service Taxing and Benefit Unit.
CONSIDERATION: Each year the Pelican Bay Services Division levies non-ad valorera
assessments to provide funds for the operation and maintenance of the Division's water
management and landscaping operations.
This Work Authorization covers the preparation of the computer assessment roll that is
transmitted to the Collier County Tax Collector for inclusion on the tax bills.
FISCAL IMPACT: The funds for these services are budgeted in Fund 109 Cost Center
182602 631400 0. Fund 109 is Pelican Bay Water Management Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve a work
authorization under the Pelican Bay Services Division's current Professional Engineering
Agreement with Wilson, Miller, Barton & Peek in a amount not to exceed $5,000, to
prepare the Preliminary and Final Assessment Roll for the non-ad valorem assessments
for beautification of recreational facilities and median areas, and maintenance of
conservation or preserve areas, U.S. 41 berms, street signage replacements within the
median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican
Bay Municipal Service Taxing and Benefit Unit.
HAY 2 5 1999
P ;~__ tI
/
PREPARED rd, Direct~)r ,,~_rj' ~"' "~
PeliCan Bay Services
APPROVED BY~ DATE:~
Ed Ilschne'~, 12~vision Administrator
Public Works
NAY 2 5 1999
Pg
WORK AUTHORIZATION
This Work Authorization made and entered into this __ day of , 1999, by and
between the Board of County Commissioners of Collier County, Florida, a political subdivision of
the State of Florida, hereinafter referred to as "COUNTY" and Wilson, Miller, Barton & Peek,
Inc., a Florida corporation, hereinafter referred to as "ENGINEER".
W ITNES SETH:
WHEREAS, ENGINEER entered into an engineering agreement dated January 21, 1987,
with the Pelican Bay Improvement District to perform general consulting services involving
engineering, surveying, planning, environmental management, or permitting, financial or economic
feasibility studies, water and sewer utilities, water management facilities, street lighting facilities
and other infrastructure and civil-type projects for the Pelican Bay Improvement District, as defined
by supplemental agreements; and
WHEREAS, the Pelican Bay Improvement District was dissolved and under the Plan of
dissolution, COUNTY assumed the rights and obligations of all contracts for services and materials
to which the Pelican Bay Improvements District was a party; and
WHEREAS, pursuant to the agreement between ENGINEER and the Pelican Bay
Improvement District, COUNTY wishes to contract with ENGINEER to provide engineering
services for projects serving the Pelican Bay area.
NOW, THEREFORE, in consideration of the premises and the mutual benefits which will
accn~e to the parties hereto in carrying out the terms of this Work Authorization, it is mutually
understood and agreed as follows:
1. PROJECT DESCRIPTION:
The project consists of the preparation of preliminary and final assessment rolls for the 1999
assessments tbr Pelican Bay Services Division.
2. SCOPE OF SERVICES:
The ENGINEER shall provide prol~ssional services in general accordance with the
following scope:
NAY 2 5 1999
2.1 Preliminary Assessment Roll
2.1.1 Update the 1998 roll to include new owners. Update the per unit
assessments based on the total assessment value provided by PBSD. The
assessn3ents will be based on dwelling units only and not acreage as in
the past years.
2.1.2 Print mailing labels and preliminary assessment letters.
2.1.3 PBSD will stuff the envelopes and mail the preliminary assessment
letters.
2.2 Final Assessment Roll
2.2.1 Based on the resttits of the special assessment public hearings, prepare
the final assessment role.
2.2.2 Forward copy to PBSD and tax collectors office.
3. TIME OF PERFORMANCE:
Items 2.1 through 2.2 of the Scope of Service will be completed within one hundred eight
(180) calendar days after exect;tion of this Work Authorization by the COUNTY except for delays
beyond the control of the ENGINEER.
4. FEES TO BE PA;ID:
The ENGINEER shall be paid for his services at the hourly rates shown in the
COMPENSATION SCHEDULE provided in the January 21, 1987 Agreement between the Pelican
Bay Improvement District and ENGINEER which has been amended from time to time with an
amount not to exceed $5,000.00, without approval by the COUNTY. Payments shall be made
upon monthly billing Payable within thirty (30) days of receipt of an invoice acceptable to the
COUNTY.
HAY 2 5 1999
N0103-OTR-00,-.-EpS.,X-20¢.2(}
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
DATED: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
Dwight E. Brock, Clerk By:
Pamela S. Mac'kie, Chairwoman
-~ // ~ ,-,_~d~'~ WILSON, MILLER, BARTON &PEEK
Wimess INC.
Wimess Stephen A. Means
Vice President
Approved as to form
legal sufficiency:
IJavid x~eikel '
County Attorney
EXECUTIVE SUMMARY
APPROVE SUPPLEMENTAL AGREEMENT NO. 8 WITH HOLE, MONTES AND
ASSOCIATES, INC. FOR THE IMMOKALEE ROAD SIX LANE IMPROVEMENT
PROJECT NO. 69101; CIE NO. 08
OBJECTIVE: To receive the Board of County Commissioners' approval of Supplemental
Agreement (S/A) No. 8 for the Immokalee Road Six Lane Improvement Project.
DESCRIPTION: Transportation Services Department has directed Public Works Engineering
Department to expand the scope of the Consulting Engineering Services Agreement to include
additional street lighting design along the Immokalee Road. The additional street lighting is
necessary to extend the urban lighting along Immokalee Road to C.R. 951. This lighting will be
consistent with the first phase of the corridor, from U.S. 41 to 1-75.
Staff has negotiated this S/A No. 8 with Hole, Montes and Associates to include the work in the
roadway project and recommends that it be approved.
Original Contract Amount: $150,000.00
S/A No. 1 $299,756.53 - Phase II: Plans design and permitting services.
S/A No. 2 $ 25,921.62 - Additional permitting and design services.
S/A No. 3 $ 35,900.00 - Design Study
S/A No. 4 $181,945.00 - Plans update and revision services.
S/A No. 5 $ 66,766.00 - Broken Back Bridge and signal work
S/A No. 6 $ 4,400.00 - Hydrogeologic exploration services
S/A No. 7 $ 18,220.00 - Sidewalk/Treatment swale alternative
evaluation.
This S/A No.8 $ 46,660.00 - Street Lighting Design Services
Proposed Contract Amount $829,569.15
<j~c~,, FISCAL IMPACT: Funds in the amount of $46,660 are available in Road Impact Fees District
y 1, for the Immokalee Road Project. Fund source is Impact Fees.
~'~, GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 08 is
consistent with the Transportation sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Supplemental
Agreement No. 8.
Executive Summary
Immokalee Road, Project 69101, CIE #8
S/A No, 8
Page No. 2
SUBMITTED BY: -'?> Date:
~ Micah .~_Ma~saquoi, P.E.,
Project Manager, Public Works Engineering Department
REVIEWED BY: (Z~ o77~ ~~ , Date:
~Jeff Bibby, P.E.
Pu ' orks ' ,ee ' r
REVIEWED BY' Date:
Edward J. Ka , .
Tr po ' n ices Director
APPROVED Date: ~t~ ~/'~
Ed
Public Works Administrator
Attachment: S/A No. 8
MAY2 5 199~
.,-
Project No. 69101
S/A N0.8
SUPPLEMENTAL AGREEMENT TO
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of
1999, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of
the State of Florida, hereinafier called tile COUNTY, and Hole, Montes and Associates, Inc. of 715 Tenth
Street, South, Naples, Florida 34.102, duly authorized to conduct business in the State of Florida, hereinafier
called the CONSULTANT.
WITNESSETH
\\'HEREAS, the COLrNTY and CONSULTANT heretofore on 21 May 1991 entered into an Agreement
whereby the COUNTY relained fi~e CONSULTANT to furnished certain consulting services in connection v.'ith
proposed consinaction ofC.R. 846 four laning improvements, Phase I&ll, (Jet. 1-75 to Jet. C.R. 95 1), County
Project No. 69I 01 ~ and.
\\:HEREAS, tile County desires Io modify tile terms of said .Agreement, and toward that end it is necessar3'
TO REVISE AND'OR EXPAND UPON THE SCOPE OF ORIGINAL SERVICES OF THE PROJECT
SPECIFICALLY RELATING TO ADDITIONAL DESIGN OF STREET LIGHTING ALONG THE PROJECT
AND TO COMPENSATE THE CONSULT.ANT FOR .ADDITIONAL COSTS TO BE INCURRED FOR
SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES
D..\TED 19 APRIL 1999 IS ATTACt tED AS EXHIB.~T "A" .-\ND IS ItEREBY INCORPORATED AND
MADE A FORMAL PART OF THIS SUPPLEMENTAL NO. S.
NO\V THEREFORE, the Consulting Engineering S¢:".'ices .Agreement is hereby amended and supplemented
as follows:
1. CONSULTANT shall perform services for the desizn of s:reet lighting along the Project in accordance
v,'itb Exhibit "A" attached hereto.
2. Contract fee adiuslmcnt and status 0his SuppIemental .Agreement No. 8):
3.10riginaI nlaximum contracl fee = Sl50,000.00
3.2 S "A No. 1 = 5299,?56.53
3.3 S/A No. 2 = S 25.921.62
3.4.S/A No. 3 = S 35,900.00
3.5 S/ANo. 4 =S181,945.00
3.6 S/A No. 5 = S 66,766.00
3.7 S~ANo. 6 =S 4.,a00.00
3.8 S/ANo. 7 =S 18,220.00
3.9 This S'A No. 8 = S .!'6.660.00
Current contract fee = 5829.569.15
4. Contract time adjustment:
Increase -56- calendar days
5. Contract completion: To be determined by tile Notice to Proceed.
6. The revised and current sum contract amount as stated above includes costs for overhead, fringe
benefits. out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
7. Except as Inereby modified, amended, or changed, all of the terms and conditions of said original
ConsuIti;~g Engineering Sen'ices Agreement sbaIl remain in fifil force and effect.
IN WITNESS \VtqEREOF, Ibc panics hereto have caused these presents to be executed the day and "I r ~i/~I
above written.
MAY 2 5 1 99
Page ] c, f2 PG- ~
Project No. 6910 l
SIA N0.8
AS TO TIlE BOARD OF COUNTY COMMISSIONERS:
AS TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DAVID C. WEIGEL, COUNTY ATTORNEY
BY:
Pamela S. Mac'Kie, Chairman
ATTEST:
Dwight E. Brock, Clerk of Coums
AS TO THE CONSULTANT:
HOLE, MONTES AND ASSOCIATES, INC.
SIGNED, SEALED, AND DELIVERED
IN TFtE PRESENCE OF:
/ ~ent
..... /~ __ ATTES
S~COND WITNESS (NAME WRITTEN) Ned E. Dewhirst, Vice Presid=nt
(CORPOK~TE SEAL}
STATE OF FLORIDA
COL~TY OF LEE
Bcforc me, the t:ndersigned authority, this day personally appeared Robert L. Murray and Ned E.
Dev,'hirst, lo me well kno;vn and known to me to be St. Vice President and Vice President respectively, of the
Corporation named in the foregoing Agreement, and they severally acknowledged to and before me that they
executed said Agreement on bebalfofand in the name of said Corporation as such officers; that the seaI affixed
to said Agreement is the corporate seal of said Corporation and that it xvas affixed thereto by due and reg-ular
Corporate authority; that they are duly authorized by said Corporation to execute said Ageement and that said
Agreement is the free act and deed of said Corporation.
IN' \VITNESS \VItEREOF, I have hereto set my hand and affixed my official seal this .-5,'! ~/_~ day
of ~/r./; 5 d-C,' , A.D. 1999.
-- /
-
Notary Public iff and for'the County and State aforesaid.
My Commission Expires:
l AG[N[)A lIE
MAY 2 5 1999
Pa~c 2 of 2
l~,~ Preserving and enhancing Ftonda's quality of life since 1966
HOLE, MONTES & ASSOCIATES. INC.
ENGINEE~',S PLANNERS SU:, E vOr'S w
April 19, 1999 99 RPR 20 PFI 2 08
Mr. Micah K. Massaquoi. I'.E.
Collier County Government Center, Bldg. D
Office of Capital Projects Management
3301 East Tamtaint Tra:]
Naples, FL 33962
P-E: DIalOIC-~LEE ROAD, PtlASE II - COLLIER COUNTY PROJECT NO. 69101
PROPOSED SCOPE OF SER~,]CES AND FEE
FOR STREET LIGHIING
H-M&A FILE NO. 89.99
Dear ,Nlr..Massaquoi:
t[olc. Xlontes & A. ssc~s:z:es. Inc. (IIM&A) is .r'.ezscd to resubmit this proposal :o Collier County
(CountS') for providing pro:'ess:onal engineering ser',':ces to prepare ttne desibm of street lighting along
Immokalee Road to and :n:2'Jd:n,.z the intersection x~ :th C.R. 951.
HNI&A is providing costs anti s~n'ices associated xvi::'-, t:':.e street lighting design.
1. SCOPE OF SERVICES
(See :\ttachn:ent - P22es 1 to 5). Task. 9.00 Street Lighting Plans, Task 14.00 Additional Final
Bidding and Contract Doc',:mcnts and Task 15.0') Additional Advison/Services During Bidding will'
bare additional fe~s.
2. S['BCONSULTANTS
HM&A proposes to 'jt:hze the firm of Sout2v.~est Transportation Engineering for street lighting
scrv:ccs outlined in T2sk 9.00.14.00 and 15.00 of the Scope of Ser%ces.
3. AI)DIIIONAI~ SERVICES
Services not specl~cally included herein will be performed on a time and material basis in
accordance with the rate schedule attached to this proposal. Addtrio'hal services will be perromped
only as requested and authorized by the Count','.
\\'hen such additional services can be identified in advance, HMA v,'ill provide an estimated fee and
obtain wrmen authorization from the Count),.
4. SCItEDULE
lIMA proposes to complete the lasks described in the Scope of Services within eight (8) weeks of
receipt of a written notice to proceed with a completion schedule, generally as indicated below.
I'cr ('cat Complete Weeks Followin~ NTP
(}0% 3 ] ~
90% 3 ~o.~
100',;~, '> ~
- AY 2 5 1999
Letter to Mr. Micah K. Massaquoi, P.E.
Dated April 19, 1999
HM&A File No. 89.99
Page 2.
The purpose of this proposal is to include complete street lighting design plans to accompany
roadway plans for bidding. In order to achieve that schedule only one week of review time can be
allowed at both the 6071, and 90% review submittals. The 60% review submittal will be to show
street lighting desi~m pro__oTess and provide a budget cost esumate and quantities.
5. FEES AND CO.%IPENSATION
tt.XI..\ proposes to comp!ete the tasks described in Sco??. of Services for a total proposed fee of
SJ. 6.660. A projected man-hour and cost summaP,' (3 pa~es) is attached which provides a breakdown
of each proposed task fee...\11 tasks are proposed to be lump sum tasks. Invoices \rill be submitted at
each month end in an amount proportional to the p-':rc:n:age of actual work comple:ed during the
respective billing period :'or lump sum tasks and on a t:me and material bas:s for not ~o exceed tasks.
Thank you for the opportur.::y to submit this proposal and ',~ e look fortyard to xvorkin,.g with vou on this
project.
Ve,w ~rul.,,' )'ours,
HOLE. 3IONTES & ASSOCIATES, INC.
II:ILTER W. AZEE.VE. P,E.
Project .Manager
\V\VK;cn
Attachments
cc: R. Murray
W. Gilcher
Date: April 19, 1999
SCOPE OF SERVICES
FOR I.MNIOKALEE ROAD, PHASE II, 1-75 TO C.R. 951
SUPPLE.MENTAL SERVICES-STREET LIGHTING PLANS
Section 1. GENEFL3, L SCOPE STATEMENT
The CONSULTANT shall provide and perform the folloxving professional services which shall
constitute the GENE/:L-kL SCOPE of the SUPPLE.XlENTAL SERVICES.
Tlne CONSULTANT shall prepare final plans and specifications, cost estimates, bid documents,
and coordinate all utility system adjustments. for the construction of street lighting
improvements and appurtenances. The lighting \vii! consist ofconventionaI high\ray light poles
and luminaires an&:or placement of bracket arms and l~:.'minaires on new FPL power poles placed
at tile R,'\V lines of Immokalee Road and associated intersection lighting at C.R. 951 and Broken
'Back Road with one light pole and luminaire on the north side of the Broken Back Road bridge.
Section 2. TASKS
Pursuant to the GENERAL SCOPE of SUPPLEMENTAL SERVICES stated above, the
CONSULTANT styall perform all scrx'ices and.'or work necessary to complete tb, e following
tasks(s) anck'or provide the following items(s).
Task index
1.00 Public Involvement Program (NOT USED
2.00 Additional Engineering and Land Sur,'evs (>,o ADDITIONAL SERVICES)
3.00 Geotect'xnical Services (NO ADDITIONAL SERVICES)
4.00 Environmental InvertroD' (No ADDITIONAL SERVICES)
5.00 Off-Site Storm Water Improvements (NOT USED)
6.00 Bridge Plans (×o .~,DDITnON:,,L SERVICES)
7.00 Roadway Plans (Basic Services) (NO .~DDITION.~L SERVICES)
S.00 Utility Coordination (No ADDITIONAL SERVICES)
9.00 Street Lighting Plans
10.00 Additional Structural Plans-Box Culvert Extension (NO ADDITIONAL SERVICES)
I 1.00 Additional Signing and Pavement Marking Plans; Signalization (NO ADDITIONAL SERVICES)
12.00 Railroad Crossing Design and Coordination (NOT USED)
13.00 Additional Permits (NO ADDITIONAL SERVICES)
14.00 Additional Final Bidding and Contract Documents
15.00 Additional Advisory Services During Bidding
16.00 Post-Design ScP,'ices (NOT USED)
MAY 2 5 1999
TASK 1.00-PUBLIC INVOLVEMENT PROGRAM (NOT USED)
TASK 2.00-ADDITIONAL ENGINEERING AND LAND SURVEYS (NO ADDITIONAL
SERVICES)
TASK 3.00-GEOTECHNICAL SERVICES (NO ADDITIONAL SERVICES)
TASK 4.00-EN%rRIRONM ENTAL INVENTORY (NO ADDITIONAL SERVICES)
TASK 5.00-OFF-SITE STORM WATER IMPROVEMENTS (NOT USED)
TASK 6.00-BR_IDGE PLANS (No ADDITIONAL SERVICES)
TASK 7.00-ROAD\VAY PLANS (NO ADDITIONAL SERVICES)
TASK 8.00-UTILITY COORDINATION (.','o ADDITIONAL SERVICES)
TASK 9.00-STREET LIGHTING PLANS
CONSULTANT shall be responsible for coordination with the applicable utility companies in
order to minimize poten.:ial street lighting construction conflicts. CONSULTANT shall
coordinate with FP&L in order to estabIish existing points of power service. as well as, proposed
sen'ice points. Photome:he calculations will be perfore'rod in order to ensure uniform street
lighting. Photometric calculations ',,.'ill be based on the use Collier County's desired lighting
system. The desired street lighting specifications v.'itl be established by Collier County prior to
initiation of the desigTL CONSULT.,LNT will prepare basic street lighting plans in accordance
with tt~e criteria set forth bv the FDOT, AASHTO and Collier County. Final plans will be
prepared which xviII incIud~. the necessary voltage drop calculations, conduit sizes and locations,
sen'ice point details. miscellaneous electrical engineering details, proposed pole sizes and
locations and removal of existing luminaires and light poles. Roadway plans will be modified to
include street lighting references including indexing and sheet numbering.
The 11" x 17" Street Lighting Plan Set will include:
1. Key Sheet
2. Tabulation of Quamities Sheet
3. Pole Detail and Legend Sheet
4. General Notes Sheet
5. Lighting and Electrical Details Sheet
6. Plan Sheets (Scale 1"=40')
FlAY 2 5 1999
Task 9.01 Basic Plans (60%)
The CONSULTANT shall submit to the COUNTY four (4) sets of
I l"x 17" prints of the preliminary plans for review. Plans will include:
a) Plan sheet showing poles, luminaires and appurtenances.
b) Copies of intersection lighting and design.
c) A budget estimate of cost of constructing the street lighting shall
be included.
d) A quantity estimate shall be included.
Task 9.02 Detail Plans (90%)
The CONSULTANT shall submit to the COUNTY four (4) sets of
1 l"xl T'* prints of the final street lighting plans along with two (2) sets of
drab bid documents including technical specifications.
Task 9.03 Deiizn Notes and Computations
The CONSULTANT shall submit design notes and computations to
document the design conclusions reached during development of the final
construction plans. The desi=~n notes and computations shall be recorded
in S: :" X 11" computation sheets. fully titled, numbered, dated, indexed
and signed by the designer and checker. Computer output forms and other
oversized sheets shall be folded or other'wise reduces to 8 %" X I 1" size.:
The data shall be bound for submittal to the COU.~TY.
T\vo (2) copies of the appropriate design notes and computations shall be submitted to the
COUNTY at 90%. \Vhen the plans are submitted for final review, the design notes and
computations, corrected for the COUNTY comments, shall be resubmitted. At the 100% stage, a
final set of the design notes and computations, shaI1 be submitted with the record set of plans and
tracings.
The design notes and calculations shall include, but not be limited to the following data:
l. Design criteria used for this project.
2. Documentation of decisions reached resulting from meetings, telephone
conversations, or site visits.
3. Calculations of quantities for all items set forth in the Bid Form.
Each drawing of each submittal shall be signed by the appropriate professional engineer
for the type of work depicted on the drawings. Each set of plans and each page of the
design computations and quantity computation shall be signed and checkcd by the
appropriate design professional in accordance with Florida
Transportation's Roadway Plan Preparation Manual, Chapter 30. u0.~
MAY 2 5
3 PG.~
The CONSULTANT shall conduct plan progress meetings with the COUNTY at 60%
and 90% submittals. Each progress meeting shall be a verbal presentation supplemented
v,'ith the progress plans ( I/2 size plans), displays or other visual aids.
TASK 10.00-ADDITIONAL STRUCTURAL PLANS-BOX CULVERT EXTENSION (NO
ADDITIONAL SERVICES)
TASK 11.00-ADDITIONAL SIGNING AND PAVEMENT MARKING PLANS:
SIGNALIZATION (xo .-xDDITION.-\L SERVICES)
TASK 12.00-1:LAILROAD CROSSING DESIGN AND COORDINATION (NOT USED)
TASK 13.00-ADDITIONAL PEIL\'IITS (NO ADDITIONAL SERVICES)
TASK 14.00-ADDITIONAL FINAL BIDDING AND CONTRACT DOCU.\IENTS
Once the final street liginting plarxs have been approved by the COUNTY, a final set of bidding
and contract documents ',,,ill be prepared for the construction of the improvement. This task will
include the folio\vine:
Task I4.0I Final b.'-idge plans, a quantity computation booklet and summaD, of
quantities. and Engineer's Opinion of Probable Construction Cost.
Task 14.02 Final signing and marking. signalization at four intersections, or other
p,,-..,. summar2,.' of quantities, and Engineer's Opinion of Probable
Constr--,ction Cost.
Task 14.03 Speci21 provisions and other appropriate contract documents for
inco:-p. orating the requirements of the Florida Department o~'
Tra:'.sponation, US A:Tnv Corps of Engineers. Dep~'-tment of
Enxironmcntal Protection. and South Florida Water .Xlana~ement District
and any other agency having jurisdictional authority over the project in the
bid documents.
Task 14.04 Complete plans and contract documents ready for bid including all forms,
general conditions, all approved pern'fits, and other material as may be
required.
Task 14.05 Provide the COUNTY with one (1) set of signed and sealed contract
documents for the COUNTY records. Provide the COL.~TY one (1) set of
mylar (reproducible) plans and one (1) set of reproducible Technical
Specifications for COUNTY bidding. All final plans to be full size on 24"
X 36" sheets. The COUNTY will produce plan sets and contract document
booklets for distribution during bidding.
Task 14.06 Final street lighting plans, a quantity computation booklet and summary of
quantities and Engineer's Opinion of Probable Construction Cost.
Complcte plans and contract documents ready for bid including special
provisions, general conditions and full size final plans on 24" x 36" mylar
shcels. Provide the COUNTY with one (1) ~ 1. "~~'~
set of siune ["a~ocl ' ~' ~
contract documents for the COU.'NTY records.
4 MAY 2 5 1999
PC /~)
TASK 15.00-ADDITION.,\L ADVISORY SERVICES DURING BIDDING
After approval of construction plans and bidding documents by the COUNTY, the
CONSULTANT shall perform the following services:
Task 15.01 Attend and participate with the COUNTY in scheduling and presenting a
Pre-Bid Conference.
Task 15.02 Respond to Bidders' inquiries and prepare addenda for issuance by the
COL.~TY.
TASK 16.00-POST-DESIGN SERVICES (NOT USED)
A SCOPE AND FEE .XIAY BE NEGOTIATED BY THE COUNTY AND THE
CONSULTANT AT THE COMPLETION OF THE DESIGN PHASE PRIOR TO
COM.XlENCEMENT OF CONSTRUCTION. CONSULTANT SHALL PEPARE THE
SCOPE OF SERVICES FOR THIS TASK, IF IT IS THE COUNT'~;'S INTENT TO HAVE
THE CONSULTANT PERFOR.\I CONSTRUCTION PHASE ENGINEERING SERVICES.
MAY 2 5 1999
pc._ !/
,
EXECUTIVE SUMMARY
AWARD A CONTRACT TO FLORIDA STATE UNDERGROUND, INC. TO
CONSTRUCT A MASTER PUMP STATION AND FORCE MAIN FOR
THE CONNECTION OF EAGLE CREEK PUD AND OTHER
DEVELOPMENTS TO THE COLLIER COUNTY SEWER SYSTEM,
PROJECT NO. 73057, BID NO. 99-2928.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio of
the Governing Board of the Collier County Water-Sewer District award the
contract to construct the Eagle Creek Master Pump Station and Force Main to
the lowest bidder, Florida State Underground, Inc.
CONSIDERATION: The design plans for the Eagle Creek Master Pump
Station and Force Main have been completed for connection to the Collier
County Sewer System. Substantial completion of the project is scheduled for
ninety (90) calendar days from the date of Notice To Proceed with
construction, as specified on the contract documents, and one hundred five
(105) calendar days are scheduled for the completion of all work and final
acceptance.
The staff activities and bid results are summarized below:
1. Advertised for bids on the 5th Of April, 1999.
2. Pre-bid Conference held on the 15th Of April, 1999.
3. Bid opening conducted on the 28th of April, 1999.
Nine (9) bids were received. Florida State Underground, Inc. bid at
$209,394.95 was the lowest. A copy of the Tabulation Sheet for Bid No. 99-
2928 is attached. The engineer's estimate of probable construction cost was
$215,532.00.
Staff reviewed and evaluated the proposals submitted and found them complete
and responsive.
.~ ~FISCAL IMPACT: Funding for this contract is available in the sewer impact
GROWTH MANAGEMENT IMPACT: None
MAY 2 5 tB99
Executive Summary
Project No. 73057
Page 2
RECOMMENDATION: Staff recommends that the Board of County
Commissioners, as the Ex-Officio Governing Board of the Collier County
Water-Sewer District, authorize the Chairwoman to execute a construction
contract, after review by the County Attorney, with Florida State
Underground, Inc. for $209,394.95 for construction of the Eagle Creek Master
Pump Station and Force Main.
'-f/~-"~//~- Date: .~/?/7' 7
SUBMITTED BY: J.t~y c_~. Ad'~r;nes Minor, P.E., Senior Pro3ect Manager
Public Works Engineering D~partment
REVIEWED BY: ' '~ ~/ Date:
ibby, P.E., Director
Public Works Engineering Department
Wastewater Department
""' "' "'
Stephen Y. C nell, Director
Purchasing Department
APPROVED BY: ~ Date:
Ed Ilschner, Administrator
Public Works Division
attachment: Bid Tabulation Sheet
MAY 2 5 1999
PG.
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PG.
EXECUTIVE SUMMARY
REQUEST APPROVAL TO EXCEED THE $25,000 LIMIT ON PURCHASE
ORDERS FOR ORTHO/POLYPHOSPHATE UNTIL A REBID IS COMPLETED
AND AN AWARD MADE.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing
board of the County Water/Sewer District, approve a request to exceed the $25,000 limit
on purchase orders based on bids for Ortho/Polyphosphate for an interim time period
from Board approval date to Bid Opening date of May 26, 1999.
CONSIDERATION: The bid proposals for Bid #98-2834 were rejected by the Board on
April 13, 1999, Agenda Item 16B 11 at the request of staff. A new bid #99-2951 has been
issued for this item. It is necessary to continue purchasing ortho/polyphosphate to treat
water during the rebid period and there are two suppliers who are qualified to supply
ortho/polyphosphate to Collier County Water Department. There are currently purchase
orders with the lowest bidder from Bid#98-2834, and it will be necessary to exceed the
$25,000 limit on purchase orders during the rebid period.
FISCAL IMPACT: The funding is available in the current budget in ~;he h/eter Depar~;men~;.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the request
Date: :5///2
Baby Ericksom Chief Operator - NRWTP
~VIEWED BY: :~~~.~2 Date:
Paul Mafih~sch, Water Director
APPROVED B~ Date:
Ed Ilsc~er, Public Works Administrator /
i999
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE MID-YEAR ADJUSTMENTS TO
WATER MANAGEMENT CIP BUDGET (FUND 325).
OBJECTIVE: To obtain approval of proposed mid-year adjustments to Fund 325 to
reflect revised estimates of revenues and expenses for current Fiscal Year 98/99.
CONSIDERATIONS: During the preparation of the FY 99/2000 Budget, mid-
year forecasts of the current budget were evaluated and adjustments made to recognize
recent changes in revenues and forecasted expenses based on the first 5 months
experience. The most significant changes are as follows:
A. The following are previously Board of County Commissioner approved projects that, due
to unforeseen conditions, require additional adjustments:
1 ) Gordon River Ext. Basin Study · Cost Center No. 172921
· Project No. 31005
---- Completion of the Phase III Data Collection activity has been delayed but should be
completed this fiscal year. Initiating the Phase IV Modeling and Assessment portion of
the Study has been deferred until next year resulting in a net decrease of $357,800 from
the FY 98/99 Budget.
2) Harvey Basin Master Plan · Cost Center No. 172983
· Project No. 31009
Funds allocated towards the construction of Br. No. 1 of the Heritage Green Ditch can
be reduced by $25,000 due to the anticipated construction of portions of the ditch by
new development planned for the area.
3) Belle Meade Stormwater Master Plan · Cost Center No. 172952
· Project No. 31012
Because of the delay in completing the Cooperative Agreement with the Big Cypress
Basin/SFW WID for this joint aerial topographic mapping project of this Basin area,
other support services totaling $50,000 will be deferred until FY 99/2000.
/._, 4) Lely Canal
· Cost Center No. 172977
MAY 2 5 1999
PG. /
Executive Summary
"CIP 325 Fund-Capital Program"
/"-
Page 2
Much time and effort has been expended attempting to obtain agency permits from
SFWMD and USACOE. It is anticipated that these negotiations can be completed this
FY. Due to these delays, $4,677,300 in construction related costs are being deferred
until FY 99/2000. In the meantime, arrangements for Phase I Engineering, Tasks I thru
V are moving forward and in anticipation that all this work will be encumbered yet this
FY, $186,600 in engineering fees needs to be added to the Budget. It is also becoming
clear that purchasing wetlands in the Basin for mitigation purposes will be necessary.
A total of $360,000 including support services is also added to the Budget to provide
for the purchase of land and other drainage easements. The net results of these
adjustments is a $4,129,700 reductions to this Project Budget for this FY.
5) Avalon School Drainage Project · Cost Center No. 172977
· Project No. 31107
The field surveys for this project have now been completed and a Work Order for
$17,500 for the engineering phase of this project was recently processed. The estimated
cost of $40,000 to construct this project has been deferred until next F¥. This results in
a net reduction of $22,000 for this project.
6) Wiggins Pass Road Outfall Flowway · Cost Center No. 172972
· Project No. 31212
There has been considerable difficulty in securing drainage easements for this critical
project but in anticipation of securing them soon, an additional $41,600 in engineering
fees is being budgeted for this FY. Construction funds balance of $89,900 are being
deferred to FY 99/2000 resulting in a net reduction of $48,300 for this project.
7) Sperling Court Storm Drain · Cost Center No. 172987
· Project No. 31302
Minor adjustments needed for this completed project results in a slight increase of
$2,100 to this project.
8) US - 41 Outfall Swales · Cost Center No. 172981
· Project No. 31401
Executive Summary
"CIP 325 Fund-Capital Program"
Page 3
Various delays will defer the estimated $200,000 construction cost until FY 99/2000.
An additional $5,000 is anticipated to complete the engineering plans and bidding
documents. This results in net reduction of $194,900 for this project for this FY.
9) SR-29 Culvert Upgrades · Cost Center No. 172951
· Project No. 31701
Plans are still moving ahead to install a supplemental culvert at the North Entrance to
the Farm Workers Village in Immokalee and repair/replace the Price culvert South of
CR-848. An additional $18,600 in construction cost is anticipated for this project.
10) Sunniland Structure Replacement
· Cost Center No. 172951
· Project No. 31702
Minor adjustments needed for this completed project results in a slight increase of
$9,400 to this project.
11 ) Lake Kelly Outfall Ditch · Cost Center No. 172874
· Project No. 31801
An additional $8,000 in engineering and permit fees are needed to prepare this project
for construction.
12) Gateway Triangle Improvements · Project No. 31803
Kirkwood Ave./Davis Alley Storm Drains
· Cost Center 172984
Installation cost of these 2 storm drains total $110,000 (Kirkwood = $90,000 & Davis
Alley = $20,000). This increase is partially offset by a reduction of $56,500 in funds
previously allocated for engineering fees.
Alt. No. 2A Project
· Cost Center 172989
MAY 2 5 lS99
PG. 3
Executive Summary
"CIP 325 Fund-Capital Program"
Page 4
On the assumption the Board approves the $163,300 purchase of Pond Site No. 2A at
the North end of Pelton Ave. on 5/11/99, additional funds for engineering, surveying,
PWED construction management, appraisal and permit fees, all totalling $76,000, will
be needed to prepare this project for construction.
The net result of these 2 Cost Center activities for Project No. 31803 is an increase of
$140,800.
B. Revenues Adjustments - Estimated Fund 325 revenues can be adjusted as follows:
1) StormwaterAdministration
· Cost Center No. 172910
Revenues in the amount of $100,000 were inadvertently budgeted from the Big Cypress
Basin towards a hazardous mitigation program. These funds will not be available. A
grant of $14,300 however has been secured from the Big Cypress Basin toward the
installation of a supplemental culvert at the North Entrance to Farm Workers Village in
Immokalee. The net result of these two items is a reduction of $85,700 from this FY
Budget.
2) Gordon River Extension Basin Study · Cost Center No. 172921
· Project No. 31005
As noted earlier, Phase IV of this project has been deferred until FY 99/2000 which
reduces from the projects funding partners share of the project cost reimbursement by
$192,100.
3) Lely Outfall Canal · Cost Center No. 172977
· Project No. 31101
As noted earlier, construction of Phase I of this project has been deferred until FY
99/2000 which reduces revenues form various funding sources by $4,134,400.
4) Reserves
· Cost Center No. 919010
The carry forward from the prior FY can be increased by $12,000.
N/ Y 2 5 1 ,3g
PC,. ~~~.~ _, ~
Executive Summary
"CIP 325 Fund-Capital Program"
Page 5
5) Interest Income
· Cost Center No. 989080
The anticipated Interest earned on the fund cash balance can be increased by $24,000.
C. Reserves
· Cost Center No. 919010
The resulting revenues versus expenditures indicates that Reserves for Capital Outlay
can be increased by $185,100 which could be used in the remainder of FY 98/99 for
other unanticipated projects costs that may arise. In addition, Reserves for Capital
Equipment of $89,700 can be set aside for future equipment replacements.
FISCAL IMPACT: The above described adjustments to Stormwater Management CIP
Fund 325 are summarized as follows:
1) Net decrease in anticipated revenues = $ 4,376,200
2) Net decrease to previously approved projects = $ 4,651,000
Net result to Fund 325 = $ 274,800 increase in Reserves for Capital Outlay and
Capital Equipment.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the
mid-year adjustments to Water Management Capital Improvement Fund 325, and
authorize staff to process the appropriate budget amendment to implement the proposed
adjustments.
PREPARED BY:
/,; ,~ Sto~water Management Director
er Dat
Public Works Administrator
JHB/mts
EXECUTIVE SUMMARY
APPROVE AGREEMENT TO REIMBURSE DEVELOPER OF ISLANDWALK FOR
EXPENSES RELATED TO CONSTRUCTION OF STORMWATER MANAGEMENT
FACILITIES.
OBJECTIVE: To obtain Board approval of the Agreement that outlines the
arrangement for Collier County to reimburse the Developer of Islandwalk for providing
interim and long-term stormwater management facilities to allow for passage of
stormwater runoff from the north and east to pass through the Islandwalk stormwater
system.
CONSIDERATION: In 1996 the Stormwater Management Department, in
anticipation of rapid growth in the area, initiated the development of a Stormwater
Management Master Plan for the 4 sq. mile area known as the Harvey Basin. A extensive
system of ditches was envisioned to collect stormwater in the northern and eastern 3
sections of land and route the runoff down to and around Section 33 of the Basin. The
creation of a special taxing/assessment district was planned to pay for the eventual
construction of the main stormwater collection system including several branches.
During 1997 it was announced that the Sunco Building Corp. was in the early planning
stages of the Islandwalk PUD in Section 33. Discussions were held between County
Staff and the Developer's Consultant regarding the coordination of the Harvey Basin
Stormwater Master Plan and the Islandwalk stormwater management system. It was
proposed that rather than passing the off-site flows from the north and east around the
perimeter of Islandwalk, that it would be mutually beneficial to route the stormwater
flows into and through the developments large 192 acre internal lake system. This
arrangement would include various culvert pipes, control structures and interim and
permanent ditches, to accommodate the passage of the stormwater as the development
was built out over several years in different phases.
The discussions resulted in the drafting of a stipulation that was inserted into the
Islandwalk P.U.D. Documents and approved by the Board of County Commissioners on
January 28, 1997, Stipulation Section 2.22 B states: "The Developer shall be reimbursed
by Collier County from funds to be requested in the FY 1997/98 Budget and pursuant to a
Developer's Agreement for the value of any property utilized, or on which permanent
easements are granted; for the costs of design, permitting, construction and removal of
the aforementioned temporary ditch, for the cost of the aforesaid connecting piping, and
for the cost of oversizing the components of Islandwalks' permanent internal surface
water management system, including the outfall structure."
r4AY 2 5 1999
PG.
Executive Summary
"Islandwalk/Reimbursement"
Page 2
Portions of the proposed stormwater facilities including the interim ditch system are now
in place and the balance of the improvements will be installed over the next several years.
The cost of improvements that the Developer will be reimbursed by the County is shown
in the Agreement and marked as Exhibit "G". The costs totaling an estimated $442,981
includes both interim and permanent improvements and associated drainage easements.
As noted in the attached "Support Information", this is a savings of approx. $358,000
over the cost of implementing the original Harvey Basin Master Plan.
FISCAL IMPACT: The total costs of the stormwater improvements the Developer
is to be reimbursed for under the terms of the Agreement is $442,981. The initial
payment for work already completed totals $158,400 and funds in that amount are
budgeted in the Water Management CIP Fund 325 as previously approved by the Board.
The next payment of $149,338 is programmed for FY 99/2000 and is included in the
Budget for Fund 325 that the Board will be reviewing next month. The balance of the
reimbursements estimated to be $135,243 will be spread out over the next several years
depending on how fast the various phases of Islandwalk are implemented.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board: 1) Review and approve the Islandwalk
Stormwater Management Agreement, 2) Authorize its Chairwoman to sign the
Agreement on behalf of the Board and 3) Authorize Staff to process the initial $158,400
reimbursement to the Developer of Islandwalk for work completed rodate.
SUBMITTED BY: (~ ~t3-dd~ Date: ,_C' ~/Z. '~ ~
Jolftn H. Boldt, P.E.,P.S.M.
Stormwater Management Director
APPROVED BY: ~ Date: ~"--/z - q ~
Ed Iis/'hner,'TA~ministrator
Public Works Division
Doe: EX-007
MAY 2 5 1999
Ps.
ISLANDWALK STORMWATER MANAGEMENT AGREEMENT
THIS ISLANDWALK STORMWATER MANAGEMENT AGREEMENT ("Agreement")
is entered into by and between the SUNCO BUILDING CORPORATION, a Florida corporation,
whose mailing address is 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida 33418,
ISLANDWALK DEVELOPMENT COMPANY, a Florida corporation (hereinafter collectively
referred to as "Developer"), whose address is 6005 Vanderbilt Beach Road, Naples, Florida 34119
and COLLIER COUNTY, FLORIDA ("County"), a political subdivision of the State of Florida,
whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida,
34112, this __ day of ., 1999.
WITNESSETH:
WHEREAS, IslandWalk Planned Unit Development is a new development, to be built by
Developer, on real property which encompasses certain real property, known as the Harvey Brothers
Farm located in the Harvey Basin; and
WHEREAS, the Harvey Basin is a four square-mile area, bounded on the east by CR-951,
on the north by CR-846, on the south by Vanderbilt Beach Road Extension, and on the west by Units
96 and 97 of Golden Gate Estates in Collier County, Florida; and
WHEREAS, present stormwater drainage in the Harvey Basin occurs by means of overland
sheetflow, generally from the northeast to the southwest, and is inhibited by the existence of farm
ditches and dikes through and around the Harvey Bros. Farm; and
WHEREAS, recent land developments, which include two school sims together with the
Heritage Greens Planned Unit Development, along the south side of CR-846, discharge north,
through culverts under CR-846 into the Cocohatchee Canal and, thereby, such off-site stormwater
discharge is directed through a watershed boundary into the adjacent drainage basin; and
WHEREAS, due to the hightail water elevations in the Cocohatchee Canal, along the north
side of CR-846, during the 1995 "Rainy Season", stormwater drainage through the CR-846 culverts
backed up and flooded developments south of CR-846; and
WHEREAS, presently the undeveloped Sections 27 and 34, along the eastern side of the
Harvey Basin endure an inadequate stormwater outfall, detrimental to the public's health, safety and
welfare, and thereby, are in immediate need of a stormwater drainage system designed to provide
a positive outfall to the south and west; and
WHEREAS, at ultimate build-out, the IslandWalk Stormwater Management Plan shall
provide a stormwater drainage flow for the Harvey Basin, from the north and the east, to be accepted
into and routed through the internal systems of lakes and drainage improvements planned for
IslandWalk Development; and
WHEREAS, with the development of lslandWalk, the surrounding areas are in immediate
need of a new stormwater drainage system to protect the public's health, safety, and welfare relief;
and
WHEREAS, in order for the IslandWalk Stormwater Management Plan to provide drainage
flow through for the Harvey Basin without unsightly and hard-to-maintain ditches around the
perimeter of the IslandWalk Development, the Developer will be required to incur additional costs
for design and construction of interim outfall ditches, and for connecting piping, and for oversizing
components of the project's internal surface water management system including the outfall
structure; and
MAY 2 5
PG.
WHEREAS, development of IslandWalk, together with the IslandWalk Stormwater
Management Plan, shall be phased over several years which shall, in the meantime, allow Harvey
Bros. Farm to continue farming those portions of the property not under actual construction; and
WHEREAS, the continual agricultural operation of the subject property by Harvey Bros.
Farms fails to provide the level of required drainage relief now demanded by new developments in
the Basin, including the two school sites, in order to prevent further flooding; and
WHEREAS, it is in the public's best interest that an "interim" stormwater drainage plan be
provided to meet the present and future stormwater drainage needs described above; and
WHEREAS, Developer and County are desirous of entering into this Agreement to provide
for Developer's design and construction of an "interim" stormwater drainage system and for the
design, construction and oversizing of permanent improvements to provide drainage flow for
properties within the Harvey Basin, the cost of which shall initially be born by Developer but shall
be reimbursed in part by County as further set forth below.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE
REPRESENTATIONS AND OF THE JOINT AND MUTUAL COVENANTS CONTAINED
HEREIN, AND IN FURTHER CONSIDERATION OF THE BENEFITS TO FLOW FROM
ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS AS SET FORTH HEREIN:
1. Authority. Developer has full right, title, interest, authority and power to execute this
Agreement, to be bound by its terms and conditions, and to further deliver this Agreement, pursuant
to the terms and conditions as set forth herein, to County. Developer is the fee simple title holder
MAY 2 5 1999
PGo ,,~)"" _
or contract purchaser of the real property located in Sections 33 and 34, T48S, K26E (the legal
description and property folio number which is further set forth on Exhibit A attached).
2. IslandWalk Stormwater Management Plan. The IslandWalk Stormwater Management
Plan ("Master Plan"), has been designed by Developer and reviewed and approved by South Florida
Water Management District CSFWMD") and County, which Master Plan provides for an internal
surface water management system for IslandWalk Development and a drainage outfall structure and
outfall ditch, designed to accommodate the off-site flows as shown on Exhibit B-Page 1, attached.
The maximum acreage and the peak discharge per acre resulting from the 25-year, 3-day storm event
discharging from off-site into the IslandWalk Development is 1,824.3 acres and 0.055 cfs per acre,
respectively. Developer shall provide fifteen foot wide drainage easements and connecting piping
and appurtenant improvements from IslandWalk's intemal surface water management system to the
connection points as iljustrated by the attached Exhibit B-Pages 1, 2, and 3 (structure numbers S-
209A, S-260, S-100, S-99 and S-99A) with the specific alignments determined solely by Developer.
The design, permitting and construction of off-site drainage facilities to these connection points,
including off-site control structures, shall be the responsibility of County.
3. Interim Stormwater Drainage. Developer has granted and County has accepted the
temporary drainage easements attached hereto as Composite Exhibit "C" Pages 1 and 2 to serve off-
site properties prior to the development of those portions of IslandWalk Development which Shall
be necessary to accommodate off-site stormwater flows. The temporary easements shall be used for
the conslruction and implementation of "interim" drainage ditches running along the north, south
and west sides and through a portion of the IslandWalk Development (Section 33) at the locations
shown on Exhibit "C" - Page 1. The "interim" stormwater drainage ditches which have been
NAY 2 5 1999
PG..... ~
designed and permitted by Developer and approved by County shall be constructed concurrently
with the first phase of the IslandWalk Development.
Said temporary easements shall be vacated by the County and the "interim"
stormwater drainage ditches removed by Developer upon completion of the relevant portions of
IslandWalk Development's internal surface water management system into which the off-site
improvements shall be connected.
4. Permits. Developer has obtained an Environmental Resource Permit CERP") from
SFWMD to construct and operate Master Plan improvements and the "interim" stormwater drainage
ditch. A copy of the ERP is attached as Exhibit "D". Both Developer and County agree to comply
with the ERP conditions and other applicable regulations from regulatory agencies having
appropriate jurisdiction.
5. Costs. Developer shall bear the initial financial responsibility for the design and
construction of the "interim" stormwater drainage ditches. Therefore, Developer agrees to pay the
costs of design, permitting, construction of and removal of the "interim" ditches. County, however,
agrees to reimburse Developer for the reasonable actual costs, certified by the Engineer of Record
in accordance with Section 2.22B of the IslandWalk PUD document, of design, permitting,
construction and removal of the "interim" stormwater drainage ditches. The estimate cost of the
"interim" stormwater drainage ditches is Eighty-one Thousand Seven Hundred Three Dollars and
no/100 ($81,703.00). Developer shall also bear the initial financial responsibility for design and
construction of connecting piping and oversizing of internal components ofl slandWalk's permanent
Master Plan as shown in Exhibit "B". Therefore, Developer agrees to pay the costs of design,
permitting and construction of the connecting piping and oversized Master Plan components. The
MAY 2 5 lS99
estimated cost of the connecting piping and oversized Master Plan components is One Hundred
Thirty-three Thousand Four Hundred Ninety-four Dollars and no/100 ($133,494.00). As provided
in Section 2.22B of the IslandWalk PUD Ordinance, County shall reimburse Developer for the cost
of the appraised value of any property utilized and for the actual cost of the connecting piping and
the estimated additional cost of the oversizing of components of IslandWalk's permanent Master
Plan. All actual costs to be reimbursed by the County shall be certified by Developer's engineer.
County shall reimburse Developer for 72% of the total actual cost of the improvements as certified
by the Engineer of Record. The Developer is waiving the right to reimbursement from the County
for the fair market value of the temporary easement described in Exhibit "E" . The appraised value
of the permanent easement described in Exhibit "F " is Two Hundred Twenty-seven Thousand Seven
Hundred Eighty-four Dollars and no/100 ($227,784.00). Developer agrees to convey to County the
Water Management easement identified in Exhibit "F" subject to payment of the fair market value.
County shall be responsible for all costs of conveyances. The costs shall be spread over four (4)
years per Cost Summary Table Exhibit "G".
6. Vanderbilt Beach Road Drainage Swale. Upon completion of construction of the
"interim" stormwater drainage ditches, County agrees that the Developer may, at its option, fill that
portion of the existing Vanderbilt Beach Road Drainage Swale located within andfor adjacent to
Section 33, provided that, Developer shall be responsible for providing the required water
management infrastructure and for designing its Master Plan to accept runoff from the roadway
section, for that portion of Vanderbilt Beach Road, adjacent to Section 33 into IslandWalk
Development, in accordance with the aforementioned ERP from SFWMD..
7. Water QualiW and QuantiW. It is anticipated that within the Harvey Basin, parcels
offands will be developed that will discharge stormwater to drainage works to be constructed by the
County in accordance with the Harvey Basin Stormwater Master Plan. Said County operated
drainage works will discharge stormwater through the IslandWalk water management system. In
order to protect the water resources of IslandWalk, the County and SFWMD shall regulate the
design, permitting, construction, and operation of 1 ), new and/or proposed developments and 2),
drainage works that are part of the Harvey Basin Stormwater Master Plan, to ensure that water
quality and quantity criteria, as set forth by SFWMD and FDEP, are met prior to stormwater
discharge to the IslandWalk water management system. Water quantity discharging to the
IslandWalk water management system from the Harvey Basin shall be limited to a total of 1,825
acres discharging at a maximum rate of 0.055 cubic feet per second per acre for the 25-year, 3-day
storm event.
8. Maintenance of Drainage Easements by County. County, at its sole cost, shall operate
and maintain the off-site drainage works under County control which are connected or otherwise
convey runoff to easements in IslandWalk, and County agrees to comply with all SFWMD and
Florida Department of Environmental Protection rules and with IslandWalk's ERP conditions,
particularly, Special Conditions 4, 5, 6, 10 and 11 and General Conditions 3 and 14 and should
County fail to so comply, County shall, within ninety (90) of a notice of violation, remedy-the
violation to the satisfaction of the agency having jurisdiction.
9. Notices. All notices to Developer shall be in writing and sent by registered, certified
mail to: Sunco Building Corporation, 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida
33418 and IslandWalk Development Company, 6005 Vanderbilt Beach Road, Naples, Florida
34119. All notices to County shall be in writing and sent to: Director, Stormwater M,~,,~e,~4~t~ ,~ ....
-7-
10. No Partnership. Nothing herein contained can create or be construed as creating a
partnership between the Developer and County or to constitute the Developer as an agent of the
County. This Agreement shall be administered on behalf of County by the Stormwater Management
Department.
11. Component Parts of this Agreement. This Agreement consists of the attached
components, all of which are as fully a part of this Agreement as if herein set out verbatim:
Exhibit A IslandWalk legal description
Exhibit B-1 through B-3 IslandWalk Water Management Plan -
Exhibit C-1 through C-2 IslandWalk Interim Ditch Plan
Exhibit D South Florida Water Management District
Environmental Resource Penit
Exhibit E Legal description for temporary water management
easements
Exhibit F Legal description for permanent water management
easements
Exhibit G Cost Summary - Yearly Breakdown
12. Modifications. This Agreement constitutes the entire contract and understanding
between the parties hereto, andit shall not be considered modified, altered, changed or amended, in
any respect unless documented in writing and signed by the parties hereto and authorized by the
Resolution of the Board of County Commissioners of Collier County, Florida.
13. Effective Date. This Agreement shall become effective when executed by the parties
and approved by the Board of County Commissioners of Collier County, Florida.
IN WITNESS WHEREOF, Developer and County, have each respectively, by their
authorized person or agent, herein set their hands and seals on the date and year first above written.
-s- ml tA¥, 2995 iS99
pG./a
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
SUNCO BUILDING CORPORATION,
a Florida Corporation
;_j7~ ~,.- r~ '/f( ,'/C':: (/ ./ C. Vice President
Printed or Typd Name
Printed or Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stormwater Management Agreement was acknowledged before me
this 16th day of March, 1999, by Michael D. Rosen as Vice Presidem of Sunco Building
Corporation, a Florida corporation. He is personally /
' /FF"Signagre'o~otary Public
Elizabeth M. Dillingham
It.~.~; .....~t. lZAIi~N M. DiI. UUGHAM Printed Name of Notary Public
[,;?' .~ MY UOMMI$SION # CC 713134
i~. ,- EXPIRES danuary 9, 2003
',;~ i~' ~k ,¢' de ru o a u rwf e~$
_,_-~'~"-'_'_--__-_--___--___-- -: ":'-
ISLANDWALK DEVELOPMENT
COMPANY, a Florida Corporation
Sigr~(gir(/~/ Mich , e President
Printed or Typed Na~ne
sis. t.t ........
Printed or Typed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Stormwater Management Agreement was acknowledged before me
this 16th day of March, 1999, by Michael D. Rosen as Vice President on behalf of IslandWalk
Development Company, a Florida corporation. He is personally known to me.
.....................
:,.,.~.~;:~ ELIZABETH M. DILLINGHAM '1~ Signat~e ~>f'l'~otary PUblic'
MY COMMISSION # CC 773734
_ _ _t . Printed Name of Nota~ Public
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
Approved as to form and
legal sufficienc
.~/iteidi%. Ashton
Assistant C~unty Attorney
G:\users~BETSYXWP8\SUNCO\DP, AINAGMREV .wpd
EXHIBIT "A"
LEGAL DESCRIPTION~
All of Section 33, Township 48 South, Range 26 East, Collier County, Florida
AND
The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East,
subject to an easement for public road fight-of-way over and across the West 30 feet thereof and
the South 30 feet thereof,
AND
The South 1/2 of the Northwest 14 of the Southwest 1/4 of Section 34, Township 48 South,
Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way
over and across the West 10 feet thereof,
AND
The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South,
Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way
over and across the Noah 30 feet thereof and the West 30 feet thereof.
LESS AND EXCEPT:
The following described property situate, lying and being in Collier County, Florida.
The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of
Section 34, Township 48 South, Range 26 East, by Drder of Taking, Case No. 86-1456-CA-01-
HDH, recorded in OR Book 1215, page 1662.
05/29Bg- W-LH401 !.DOC 2
I
----'r- ,~_____ z6_..~ ~6 SUNn ~vO n~CnpO
ll .133e'~ 335
Exhibit B-f
~.~ ,- ,. Ii
/ 'r .~"
~' "1 i , ,~l,
I I , i
...***
I
Exhibit B-
,
I
Ii
I
If Fr ~.-r
oi::
'- li,I,
t~ .., li 1~' , /,
~\-~
I NO.
i
/J MAY 2 5
I ,, '
' Exhibit C-;
' ~OUTI~ ""',ORIDA WATER MANAGE/VF' 'T DISTRICT ,,
- Fo,-~ tOr4~ ENVIROrqlVIEENTAL RESOURCE PERJVIIT'NO. I1-01507-P o
Rtv 08~
DATE ISSUED: JULY lO, 199~ ' ,n ,,,
EXHIBIT - D
PERHIITEE: HARVEY BROTHERS FAR/4S. INC. -.
(ISLANDWALK)
90 LOGAN BLVD. NORIH.
NAPLES . FL 34109
PROiECT DESCRIPTION: CONCEPTUAL APPROVAL OF A SURFACE WATER HANAGEHENT SVSrEt4 TO
SERVE A 704.7 ACRE RESIDENTIAL DEVELOPHENI. DISCHARGING 10 THE
1-75 CANAL VIA THE VANDERBILT BEACH ROAD DITCH AND
AUTHORIZAIION FOR CONSTRUCIION AND OPERATION OF A SURFACE
WATER HANAGEHENT SYSTEH SERVING 649.8 ACRES OF THE 704.7 ACRE
RESIDENTIAL SITE.
PROJECT LOCATION: COLLIER COUNTY. SECTION: 33.34 B/P: 485 RGE: 26E
This Permit ie issued pursuant to Al>plication Nd) 970325-3 , dated I~arch 25, 19S7. Fez-~tttee agrees co hold and ear
the South Florida Water !tanagement Dle.~rlct and its successors halllees f~ ~n}, ~nd all damages,claims or liabilities
.:. may arias b}, Peasen of the construction0 operation, ~alntenance or gee or ac~lv~iee ~u~horlzed blt thle
is issued under the provisions o~ Chapter 3?3 , Parl: IV Florida S~a~ucee{F.S), and the Operattn~ Agreement COnceIT
Regulatlo~ Under Par~ ][V , Chapter 373 r.S. between S~uth Florida ~acer I~ane~ement Dietriot ~nd the Department
~nviz~nmentel Protection. Issuance o[ ~hle ~e~l~ ~e~i~utee celr~i~ica~ion of ~ompli~ce vl~h e~a~e voter q~alit]t e~anda
~here necceeeary pursuit to Sec~io~ 4010 i~blic l~v ~2-500° 33 USe Section 134~ , unless Chle Pez~it is issued !~reu.
co the net improvement provisions o[ Subsections 373.414 (l} (b)0 F.$., or ae othel-~iee etated herein.
This Peroit may be tramstarTed pursuant to ~he appr~>priate provisions of Chapter 373. F.S, and Sections q0E-I.~I07~I) a
r2}, ~nd ¢01o4.351(1}, ~2),&nd f4)° PloPIda Ach~inie~re~ive Cc~le IF.A.C).
Thie Permit may be revoked, euepended, or mo<!i~ied at a~y ~ime puregent to the appropriate provieione
and Sections 40;-~.3S1(1), (2), and (4}, ~.A.C.
Th~e Permit shall be aubject to the General Conditions eat Eorch ~n Ru~e 40E-4.)II,P.A.C., unless vaived or modified
Govern~n~ Board. The J~pljcation, and the Surface ~ater HIJ~anagement StaEE Rev~eg Summar~ oE the A{~p]~cation, inc~ud~n
conditions, and all plane and epec~Eica~lone incoz~x~rated by reEerence, are · parr o~ chle FerriC.
by this Permit shall be implemented .as eat [oz~h in the pZ~ns , specifications, and perEor~nce criteria as set [orth e~,
incorporated in the Surface ~ater t~anagement Stale geyser ~um~a.~. ~ch~n )O daye a~ter c~p~eCion o~ consc~ction oE the
.
pe~ict~d ·ctivity, the Pe~it~ee shall eu~t a vritten etaCement o~ c~plecion and ce~ificacion by a regleterec
p~fessionaZ engineer or ocher app~prlate individual, pureuanC to the appropriate p~vieione oE
Secc(ons 40~-4.3{~ and 40~'-(.311,
Zn the event the p~perty ~e cold or othe~ee conveyed, the Pe~ttee vjll rem·tn ]jable Eor compliance ~'ith chle Pe~$t
until tranm~er is app~ved by the Djstr~ct pureuant ~o Rule 40~-1.~107,
._
SPECIAL ~D GENE~L CONDZT[ON5 ~E ~ FOLLOWS: SEE ~AGES 2-4 OF 7-28 5~ECIAL CONDZTION$.
SEE PAGES 5-7 OF 7 ]9 GENE~L CONDZT]ONS.
FILED ~[TH THE CLERK O~ THE SOUTH SOUTH FLORIDA ~ATER NANAGENENT
FLORIDA ~ATER. HANAGEHENT DISTRICT DISTRICT BY ITS. GOVERNING BO~D
ON On~mal slgn~ b~
TONY BURNS
Original signed
I~IqVIRC~Nk4ENTAL C:C)NSULTANTS, ENGINt~ERS,
Exhibit ' E '
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement # 1)
All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being
more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 01023'36'' -West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.IL 862);
thence continue along said west line North 01023'36'' West 2587.71 feet;
thence leaving said west line South 89°07'32'' East 54.04 feet to the POINT OF BEGINNING of
the easement herein described;
thence continue South 89007'32'' East 2914.97 feet;
thence South 00046'.57'' West 1404.85 feet;
thence South 06°30'53'' East 444.52 feet;
thence 'South 03°07'54'' West 277.90 feet;
thence southerly, southeasterly and easterly, 461.18 feet along the arc of a circular curve
' concave northeasterly, having a radius 286.50 feet, through a central angle of 92° 13 '4g'' and
being subtended by a chord which bears South 42°59'01'' East 412.98 feet;
thence South 89005'55'' East 38.62 feet;
thence South 47046'33" East 114.31 feet;
thence South 00°54'05'' West 90.00 feet to a point on the north right of way_line of
'Vanderbilt Beach Road (C.K. 862);
thence along said line North 89°05'55'' West 33.94 feet;
thence leaving said line North 47°46'33'' West 114.36 feet;
thence North 89°05'55" West 5.16 feet;
thence westerly, northwesterly and northerly, 605.25 feet along the arc of a circular curve
concave northeasterly, having a radi.us 376.00 feet, through a central angle of 92°13 '48" and
being subtended by a chord which bears North 42°59'01" West 541.99 feet;
thence North 03007'54" East 270.78 feet;
thence North 06°30'53'' West 442.67 feet;
thence Noah 00°46'57'' East 1320.66 feet;
thence North 89007'32" Wost 2767.51 feet;
thence Noah 01023'36" West 90.14 feet to the POINT OF BEGINNING of the easement
herein described.
~200 l~;,itcy L~nk~. Suitu 200. N;qMcs. Fh~ridn - ' ' - ~ '~'. ~ ~ i' 'x t , -
. - .
~1~5.~ Wt.I, Sit,': ,,'ww. wil~,,Hnillcr.c,,n i- ,i I ~ HIIt,,
N'.,t,,., F,,,t x.~,~.,, ~,,,,'.,., .....H,-,,,I~,,,,,,, Exhibit
. X/I LSON - M I L L r ~
Description of part of Section 33,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement # 1 )
Continued:
Subject to easements and restrictions of record.
Bearings are assumed and based on the west Iine of said Sedtion 33 being North 01023'36" West.
WILSON, MILLER, BARTON & PEFK, INC.
J e S. ~/dggs, Professio~'~ur~ Mapper .
~da Rdgistration No. 3516
Not valid unless embossed with the Professional's seal.
W.O.: N-0772-011-001-PSCAL
KEF.: 4L-1401
DATE: May 2, 1997
Revised May 16, 1997
Revised June4, 1997 .
Revised June 13, 1997
·
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
SURVEYORS, [.ANI~<q(:,s,I'F. AP, CI4ITECTS, CONSTRUCTION MANAGERS
Description of part of Section 33,
Township 48 South, Kange 26 East, Collier County, Florida.
(Temporary Drainage Easement #2)
All that part of Section 33, Township 48 South, Kange 26 East, Collier County, Florida being
more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 01°23'36'' West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Koad (C.I~. 862);
thence continue along said west line North 01°23 '36" West 2587.71 feet to the POINT OF
BEGINNING of the easement herein described;
thence continue North 01023'36'' West 2587.71 feet to the northwest comer of,said Section
33; · "
thence along the north line of. said Section 33, South 89008'26'' East 2644.18 feet;
thence continue along said line South 89°09'08" East 1049.34 feet;
thence leaving said line South 24°12'06' West 13.32 feet;
thence South 50°22'51" East 308.76 feet;
thence South 81°26'41'' East 99.00 feet;
thence North 82°51 '23' East 29.59 feet;
thence North 83052'43'' East 35.96 feet;
thence North 70°50' 12" East 49.94 feet;
thence North 55°26'15'' East 73.74 feet; --_
thence North 29049'49" East 57.40 feet;
thence North 18°51'09' East 23.75 feet;
thence North 71o10, 15" East 23.17 feet;
thence North 88o37'28" East 39.06 feet;
thence North 87°06'49'' East 69.76 feet;
thence North 63°02'07'' East 59.90 feet;
thence North 43o48'58" East 49.13 feet to a point on the north line of said Section 33;
thence along said line South 89°09'08'' East 834.91 feet to the northeast comer of said
Section 33;
thence along the east line of said Section 33 South 01o25'50" East 60.05 feet;.
thence leaving said line North 89o09'08" West 864.93 feet;
thence South 63°02'07'' West 58.97 feet;
thence South 87o06'49" West 75.20 feet;
thence South 88o37'28" West 32.83 feet;
thence westerly and southwesterly, 10.26 feet along the arc of a circular curve concave to the
southeast, having a radius of 10.00 feet, through a central angle of 58o47'39" and being
subtended by a chord which bears South 59o13'39" West 9.82 feet;
i-:nai: rl:t '~ c~ w~ sonn~ cr.c,t t NOL~ At ,~ .'
WII..'-iL')N, MII_I.IiI~., BAI~,']'C~N C~ l~liliK, ]NO:. "
~200 Bifilt.'y I.a,'~c, S,,itc 200, Ni,plc~,, l:l,,ridl, ~,4105-8507o Ph 94' -649-4040 Fx 941-643:5 16 MAY 2 5
NtOlex F, ,rt M'vets Nm'tL~,m~ I}reulcnt,n
:</I LSON M I L L r
Description of part of Section 33,
Tomslap 48 South, Kange 26 East, Collier County, Florida.
(Temporary Drainage Easement #2)
Continued:
thence South 29o49'49'' West 77.88 feet;
thence South 55°26' 15" West 82.44 feet;
thence South 70o50' 12" West 55.93 feet;
thence South 83°52'43'' West 38.49 feet;
thence South 82°51 '23" West 32.69 feet;
thence North 81 °26'41" West 108.98 feet;
thence North 50°22'51" West 269.02 feet;
thence North 89°09'08'' West 1065.22 feet; '
thence North 89°08 '26" West 2562.51 feet;
thence South 41°18'41'' West 44.61 feet;
thence South 01°2'3'36'' East 2493.70 fee/.;
thence North 89°07'32'' West 49.04 feet to a point on the west line of said Section 33 and the
POINT OF BEGINNING of the easement herein described.
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 01°23 '36" West.
WILSON, MII,T,ER, BAKTON & PEEK, INC.
·
~No. 3516
Not v~d unless embossed with the ProfessionaI's seal.
W.O.: N-0772-011-001-PSCAL
KEF.: 4L-1401
DATE: May2, 1997
Revised May 16, 1997
Revised May23, 1997 "
Revised June 4, 1997 '
Revised June 13, 1997
MAY 2 5 1S99
~;~3~-oTv2oeo4.x~x.B Pag c~-~
Exhibit E
PLANNERS, ENVIRONMENTAl_ CONSULTANTS, ENGINEERS,
StJR\~EYOP-S, I,ANDS( ,~, I'E A I~CI-{ITF,(~TS,, C, <:-~ 'r,,} ,< T!~!j~ z'I'I,"'>N M .,', .N',A~ ;ER S:
Exhibit g
Description of pa~ of Section 33 and pa~ of the west ]/2 of .the southwest ]/4 of Section 34,
Township 48 South, Range 26 East, Collier County, Florida.
(Temporary Drainage Easement//3)
All that part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34, Township
48 South, Range 26 East, Collier County, Florida being more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 01°23'36'' West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.R. 862);
thence along said north right of way line South 89°06'49'' East 1328.72 feet;
thence continue South 89°06'26" East 1322.86 feet;
thence continue South 89°05'55'' East 620.01 feet to the POINT OF BEGINNING of the
easement herein described; '
thence leaving said line North 00°54'05'' East 60.00 feet;
thence South 89°05'55'' East 2065.62 feet;
thence South 01°25'50" East 85.08 feet to a point on the north right of way line of Vanderbilt
Beach Road (C.R. 862);
thence along said line in the following Three (3) described courses;
I. North 89°05'10" West 50.04 feet to a point on the east line of said Section 33;
2. along said line North 01°25'50'' West 25.02 feeti
3. leaving said line North 89005'55" West 2018.02 feet to the POINT OF BEGINNING of
the easement herein described.
Subject to easements and restrictions of-record.
Bearings are assumed and based on the west line of said Section 33 being North 01023'36" West.
Prepared by:
WILSON, MILLER,' BARTON & PEEK, INC.
Marcus L. Berman, Professional Surveyor & Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional's seal.
W.O.: N-0772-011-00I-PSCAL
REF.: 4L-1401
DATE: May 2, 1997.
REVISED May 6, 1997.
REVISED June 4, 1997.
WILSC)N, MII.LEI<, BARTt')N ~ I>EIiK, INC.
3200 Bailey L;,,,c, Suite 200, Naples, Fl,,,'tda ~4105-8507' ['1, O41-(~49-4040 Fx 941-643-57 6 MAY 2 5 1999
6/4/gl-oTllo0o6.mlb ,
.%',~plc, F,,,'I Xl',','~, :<~l~,l~,,kl
PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS,
SURVEYORS, LANDSCAPE ARCHITECTS, CONSTI~UCT1ON MANAGERS
Exhibit F
Description of part of Sections 33 and 34,
Township 48 South, Range 26 East, Collier County, Florida.
(Drainage Easement)
All that part of Sections 33 and 34, Township 48 South, Range 26 East, Collier County, Florida
being more particularly described as follows;
COMMENCING at the southwest comer of said section 33;
thence along the west line of said Section 33, North 02°11 '37" West 170.13 feet to a point on the
north right of way line of Vanderbilt Beach Road (C.R. 862) and the POINT OF BEGINNING of
the easement herein described;
thence continue along said west line North 02°11 '37" West 2587.71 feet;
thence leaving said west line South 89055'32'' East 54.04 feet;
thence South 02°11'37" East 115.31 feet;
thence North 82°14'32'' East 365.27 feet;
thence South 07045'28'' East 19.34 feet;
thence South 86°01 '39" East 844.03 feet;
thence North 78°58'03'' East 990.42 feet;
thence North 04°39'01'' East 2545.66 feet to a point on the north line of said Section 33;
thence along said line South 89°56'27'' East 15.05 feet;
thence leaving said line South 04°39'01 West 2542.65 feet;
thence North 78058'03'' East 611.72 feet; ""
thence North 42° 10'21" East 2076.14 feet;
thence South 60°20'33'' East 414.62 feet;
thence South 87°08'06'' East 594.06 feet;
thence North 02°13'50'' West 1111.97 feet to a point on the north line of said Section 33;
thence along said line South 89°57'09'' East 30.02 feet to the northeast comer of said Section
33;
- thence along the east line of said Section 33, South 02°13'50" East 1128.51 feet;
thence leaving said line North 87°08'06'' West 629.09 feet;
thence North 60o20, 33" West 406.16 feet;
thence South 42°10'21'' West 1868.44 feet;
thence South 52°01 '56" East 652.67 feet;
thence South 00008'23" West 633.43 feet;
thence South 67o12, 10" East 2205.68 feet;
thence South 21°22'41'' West 479.59 feet to a point on the east line of said Section 33;
thence along said line South 02°13'50'' East 559.75 feet to a point on the north right-of-way
line of Vanderbilt Beach road (C.R. 862);
thence along said line North 89°53'55'' West 15.02 feet;
WebSit, ..... n,o~,,~in~r.com Saras°Email:'~pl ~ ts°nTu~r'P~ l o~AY 2 5 1999
6/11/98-07720017.[VfLB ~ es;~2
Naples Fort Myers nto
'ILSON -. D-MILLE
Description of part of Sections 33 and 34,
Township 48 South, Range 26 East, Collier County, Florida.
(Drainage Easement)
Continued:
thence leaving said line North 02°13'50" West 562.27 feet;
thence North 21°22'41" East 468.10 feet;
thence North 67" 12' 10" West 2201.04 feet;
thence North 00°08'23'' East 636.07 feet;
thence North 52~'01 '56" West 646.43 feet;
thence South 42°10'21" West 185.62 feet;
thence South 78°58'03'' West 1624.68 feet;
thence North 86°01 '39" West 842.89 feet;
thence South 07°45'28" East 19.34 feet;
thence South 82°14'32'' West 370.53 feet;
thence South 02°11'37" East 2418.16 feet to a point on the north right of way line of
Vanderbilt Beach Road (C.R. 862);
thence along said line North 89°55'02'' West 54.04 feet to a point on the west line of said
Section 33 and the POINT OF BEGINNING of the easement herein described.
Subject to easements and restrictions of record.
Bearings are assumed and based on the west line of said Section 33 being North 02°11 '37" West.'
WILSON, MILLER, BARTON & PEEK, INC.
Marcus L. Bermln, i~rofessional Surve~'~& Mapper
Florida Registration No. 5086
Not valid unless embossed with the Professional' s seal.
W.O.: N0772-020-010-RSGSS
REF.: 4L-1451
DATE: May 22, 1998
REVISED: June 11, 1998
SUPPORT INFORMATION FOR THE
ISLANDWALK STORMWATER MANAGEMENT AGREEMENT
1. INTRODUCTION
The IslandWalk Stormwater Management Agreement is a proposed agreement between
SunCo Building Corporation and Collier County which provides a mechanism for the
IslandWalk project to implement and be reimbursed for a portion of the Harvey Basin
stormwater master plan. The agreement is in draft form and has been preliminarily reviewed
by John Boldt. These comments have been incorporated into Draft #2.
The information consists of the following:
· A brief history of the Harvey Basin and the efforts by Collier County, SFWMD, and
IslandWalk to implement drainage works within the basin.
· An analysis which compares the drainage easements needed to implement the original
Harvey Basin Plan and those needed with the plan permitted by IslandWalk.
· Cost analysis for those IslandWalk improvements which implement the Harvey Basin
Plan.
~ · Summary of benefits realized by IslandWalk participation in the implementation of the
Harvey Basin Plan.
2. BACKGROUND
The Harvey Basin is a four square mile area bounded to the,north by Immokalee Road, to the
east by CR 951, to the south by Vanderbilt Beach Road, and to the east by Golden Gate
Estates Units 96 and 97. Over the years the basin has been subdivided into smaller lots with
little regard for master drainage works. Farms in the southern portion of the basin have cut
off historic sheet flow to the south. Developed parcels along the south side of Immokalee
Road were then forced to direct stormwater discharge to the north into the Immokalee Road
_ canal. The result is collection of land parcels with no defined drainage outfalls and which are
subject to periodic flooding problems.
The County and South Florida Water Management District recognized the problem and in
1996 the County stepped forward and prepared a basin master plan which when implemented
would provide positive drainage to the land parcels within the basin. The master plan called
for a series of drainage ditches and water control structures placed in easements up to 60 feet
wide straddling mutual property lines. The ditches were designed to serve all lands within the
basin.
About the same time as the study was released, the IslandWalk project, which consists of
705+ acres located in the southwest quadrant of the basin, began its water management
permitting. It quickly became apparent that IslandWalk had the potential to become a key
factor in implementing the Harvey Basin Plan. From this sprang a partnering effort between
Collier County, SFWMZD and IslandWalk.
Through a series of partnering meetings, a water management plan was developed for
IslandWalk that would mutually benefit the Harvey Basin by allowing blocked drainage from
the north to flow through the lake system in IslandWalk. The plan also included a basin
hydraulic model which simulated storm events for Harvey Basin, IslandWalk, and the
-Vanderbilt Beach Road canal down to the D-2 weir. The plan and the basin model were the
basis for a SFWMD ERP permit which was issued in 1997 for the IslandWalk project. The
permit approved the Harvey Basin concept and allowed construction of the IslandWalk water
management system including the inflow points in IslandWalk and the main Harvey Basin
control structure. In addition, the permit allowed for the construction of an interim ditch
system through IslandWalk which then allowed the County to route flow to the south and
provide immediate flooding relief to lands to the north. These interim ditches have been
constructed and are functional.
3. COST SUMMARY
Attached is a cost analysis package which provides the following:
· A comparison between expected costs for these improvements associated with the 1996
Harvey Basin Plan and the expected costs for the plan as implemented by IslandWalk.
Note the comparison includes only those respective improvements adjacent to and within
IslandWalk and does not include those improvements adjacent to properties upstream of
the input points to IslandWalk.
The comparison shows that the IslandWalk project through its accommodation and
implementation of a major portion of the Harvey Basin Plan can save the County
approximately $358,000.
, Support:information for the cost analysis above.
· A drainage easement analysis which demonstrates that the IslandWalk project will
substantially reduce the County easement acquisition costs and will reduce the number of
property owners that the County will deal with during the easement acquisition process.
The original Harvey Basin Master Plan called for a series of drainage easements ranging in
width from 40 to 60 feet that would be secured from properties throughout the basin. The
easements are for drainage ditches and water control structures, and would straddle
I 1/19/98-49867 Vet: 01 !-MSa]e
N07'7241 .~-00R-ECOR-20943 v
mutual property lines. In the vicinity of IslandWalk, the east boundary, the west
boundary, and a portion of the north boundary would be affected. by the easements. The
total required easement acreage around IslandWalk is 19.3 and would affect 12 properties.
The attached map iljustrates the easements.
IslandWalk has permitted, with the agreement of SFWMD and Collier County, a water
management plan which allows off-site water from the Harvey Basin to be routed through
the project. Entry points into the IslandWalk system along with the master Harvey Basin
weir were designed and permitted. Flow through easements were identified. The
IslandWalk plan required only 4.6 acres of easements affecting only 3 properties including
IslandWalk. '
By implementing the IslandWalk plan, the County can realize a savings of 14.7 acres of
easements that do not have to be purchased along with a reduction of 9 properlies that do
not need to be negotiated.
4. BENEFITS
The implementation of the IslandWalk water management plan offers the following benefits to
.the County.
· IslandWalk has partnoted with Collier County and SFWMD to refine, permit, and
implement a significant portion of the Harvey Basin Plan.
SFWND issued an EKP for IslandWalk which included a water management model '
covering the Harvey Basin. Thus, the Harvey Basin plan is conceptually permitted via the
IslandWalk ERP.
· The development of lslandWalk has offered immediately drainage relief to the drainage
blocked areas to the north including Dove Point and the new high school.
· The IslandWalk water management plan allows for all Harvey Basin drainage to flow
' through the project lakes, thus eliminating the need to secure most drainage easements
across multiple properties surrounding the IslandWalk properties.
· Implementation costs to the County are reduced by approximately $358,000.
· The number of property owners the County needs to negotiate easements with are
reduced.
IslandWalk Stormwater Management Agreement
Page I Comparison of Harvey Basin 1996 Plan and Harvey Basin Plan with IslandWalk Participation
Page 2 Supporting Calculations for 1996 Plan Costs
Page 3&4 Supporting Calculations for the Plan with IslandWalk Participation
Page 5 Drainage Easement Analysis
IslandWalk Stormwater Management Agreement
Comparison of Harvey Basin Plan 1996 and Harvey Basin Plan with IslandWalk
Participation
Harvey Basin Plan
Harvey Basin
with IslandWalk
Plan 1996
Participation
Interim Improvements $ - $ 82,000
Permanent Improvements $ 306,000 $ 133,000
Drainage Easement $ 495,000 $ 228,000
TOTAL $ 801,000 $ 443,000
Savings to the County: $ 358,000
Note: See page 2 for 1996 Harvey Basin Plan details
See pages 3 and 4 for IslandWalk Participation details
12/14/98 Page I
IslandWalk Stormwater Management Agreement
Supporting Calculations for the 1996 Harvey Basin Plan Costs
Canal Type "B"
\
'~' ~5'
0'30
Islandwalk .........
anal Type
Canal Type "C" i 30'
VBR
Calculations:
1996 Plan Permanent Improvements:
(Includes only those master planned improvements to be constructed adjacent to IslandWalk
See Harvey Masterplan, 1996)
Clearing & Grubbing (Bum On-site)
Drainage Easement Area = 15.70 acres
15.70 acres @ $1800.00 per acre = $ 28,260
Canal Excavation
1,900 lineal feet of Canal Type "C" * Cross sectional Area of 150 square f 66111 Cubic Yards
2,700 lineal feet of Canal Type "B" * Cross Sectional Area of 88 square ~ 8800 Cubic Yards
74911 Cubic Yards
74,911 cubic Yards @ $3.00 per Cubic Yard = $ 224,733
(Cost includes excavation, maintenance access road, disposal of excess fill, and stabilization)
Professional Fees
- (Including 1996 Masterplan, SFW'MD and Collier County Permitting $ 52,800
Hydrologic and Hydraulic Model of the Harvey Basin, Constuclion Drawings and Specifications
· - preparation, Bidding and Engineering Services During Construction).
Permanent Improvement Total $ 305,793
199{~ Plan Draina_Ge Easement
Drainage Easement Area = 15.70 acres
15.70 acres @ $31,549 per acre = $ 495,319
(From appraised value of land)
12/14/s8 Page 2 COS~:~LS
IslandWalk Stormwater Management Agreement
Drainage Easement Analysis
PrOposed drainsee easements in the Harvey Basin Study (Johnson EnGineerinG-1996)
Number of properties affected by easements=5
A : .....
N ' 25'
;30' ~.O'F ..... '
~ 30 30 Number of properties affected by easements:4
Number of properties affected by easements=8
ISlandWalk 30' ~30"1
k ,
'30'
VBR
Easement Areas on Islandwalk Properties= 9.57 acres
Easement Areas on Other Properties= 9.77 acres
Total Easement Areas= 19.34 acres
Total number of properties affected by easements= 17
Note: the Golden Gate Estates 30' easement along the west boundary of lslandwalk was previously dedicated to Collier County by plat
Proposed drainage ea,~ements as depicted bv Wilson Miller in Stormwater ManaQement Aoref~ment
Number of properties affected by easements=O
15 ..... '30' 30'; Number of properties affected by easements=2
, .....
Number of properties affected by easements=0 ....
VBR
Easement Areas on Islandwalk Properties= 3.82 acres
Easement Areas on Other Properties= 0,78 acres
Total Easement Areas= 4.59 acres
Total number of properties affected by easements= 2
Note.' the Golden Gate Estates 30' easement along the west boundary of Islandwalk was previously dedicated to Collier County by plat
MAY 5 15 99
12J~4/gs Page 5 ST.XLS
EXECUTIVE SUMMARY
CONSIDERATION OF BUDGET AMENDMENT APPROPRIATING LAWSUIT
SETTLEMENT PROCEEDS IN THE ROAD AND BRIDGE FUND.
~)_B.~.~C,X.L~: To gain Board approval of a budget amendment appropriating lawsuit settlement
proceeds from the Florida Department of Transportation (FDOT).
CONSIDERATIONS: The FDOT won a class action lawsuit against the major oil companies in
late-1998. The FDOT distributed the money awarded them by the court to the cormties and
municipalities within their purview, and in January, 1999, the FDOT submitted a check to Collier
County in the amount of $94,322.03. The check was deposited into Miscellaneous Revenues.
The Transportation Services Department is in need of certain office and maintenance items that were
going to be requested in next fiscal year's budget. However, this unanticipated revenue would allow
the replacement and/or procurement of: $1,500 for office furniture which is over ten years old and
failing; $2,500 for a laser printer which would increase staff efficiency; $5,000 for the purchase of
traffic engineering software which includes a traffic signal system program; $6,000 for
communication equipment (hand-held radios) for everyday and emergency use; and $30,000 for
equipment which would enhance efficiency of road maintenance operations.
FISCAL IMPACT: The requested budget amendment recognizes and appropriates $94,322.03 in
lawsuit settlement proceeds received from FDOT in the Road and Bridge Fund (101). There is
$45,000 in equipment to be purchased with these proceeds, and the balance of $49,322 will increase
budget reserves in the Road and Bridge Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve a budget amendment appropriating lawsuit
settlement proceeds in the Road and Bridge Operating Fund.
,/
SUBMITTED BY: M '~,~ ' ~ DATE: 5/12/99
REVIEWED BY: ~ DATE: ~'-/z~ ,;
Edward J. K .E., portation Services Director
APPROVED B DATE:~""~ 2 Ed Ilschner, Public Administrator
EXECUTIVE SUMMARY
RECOMMENDATION TO AWARD BID NO. 99-2994 FOR ACTIVATED CARBON
OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of
the Collier County Water-Sewer District of Collier County, Florida, award Bid No. 99-2994 for
Activated Carbon to Chem-Trade International of Canonsburg, Pennsylvania.
CONSIDERATIONS:
1. This item has been specifically budgeted for. Invitation to bid was posted on March 30,
1999 and bid packages were sent to twenty seven (27) prospective bidders. Bids were
received from five (5) vendors and opened on April 14, 1999.
2. This activated carbon is used in the various odor control units placed at pump/lift stations
throughout the system. This material is replaced on an as-needed basis based on
volume through the station.
3. Staff has reviewed the bids submitted and recommends awarding the bid to the low
bidder, Chem-Trade International of Canonsburg, Pennsylvania.
FISCAL IMPACT: The fiscal impact for present use is estimated at $60,000.00 (75,000 Ibs.
@ .79/Ib.) The actual amount to be spent is dependent on need. Funds are available in the
Collier County Water-Sewer District Fund (408), in the Wastewater Collections budget.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the board of County Commissioners aware Bid No. 99-2994 for
"Activated Carbon to Chem-Trade International of Canonsburg, Pennsylvania.
PREPARED BY: ~,~/~'/~~.,/~ DATE:
Da(vid ~!~ronis/{er ections Supe~isor
REVIEWED BY' ~ DATE: ~
~n,~erim Wastewater Director ~' ~
~~ar I, Purchasing Director
REVIEWED BY: . ~ _ DATE: ~'/~-~
Sd Ilschner, Public Works Administrator N0. '~"~?~T~
HAY 2 5 ~999
EXECUTIVE SUMMARY
APPROVE WORK ORDER TO CAMP DRESSER AND MCKEE, INC. FOR
ENGINEERING SERVICES RELATED TO UPDATING THE WASTEWATER
EFFLUENT MASTER PLAN, PROJECT 74029.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water Sewer District, approve a Work Order for Camp
Dresser & McKee, Inc. (CDM) to update the effluent component of the 201 Facility Plan
(Wastewater Master Plan) that will integrate wastewater and reclaimed water planning
into one comprehensive plan.
CONSIDERATIONS: The consultant will consider the concept of developing the
reclaimed irrigation system so as to provide comprehensive irrigation services. The
consultant will update seasonal and daily fluctuations in reuse irrigation demand, daily
supply, potential users, and alternatives for meeting seasonal and daily operational
demands. The consultant will also develop a financial management plan for both capital
and operating costs of the system.
FISCAL IMPACT: Funds to update our existing wastewater effluent master plan are
available in the Wastewater Impact Fee fund. Currently $45,000 is budgeted. A budget
amendment taking $28,700 from Reserves will be required to fully fund the proposed
effluent Master Plan update.
Fund 413: Wastewater Impact Fee
Cost Center 263611: Combined Sewer Capital Project
Project 74029: Effluent Master Plan Update
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-offlcio
Governing Board of the Collier County Water Sewer District approve Work Order
#CDM/FT-99-6 to Camp Dresser & McKee, Inc., authorize the PWED Director to
execute the work order in the amount of $73,700, and approve the necessary budget
amendments.
SUBMITTED BY: _~~ i,q/1~ L.,t_;~ DATE: S"/'-3/5 ~
Susan Usher, Senior Accountant
APROVED B DATE.
· Ed Ilschner, Public Works Administrator ~-/t ~ --
I ~.~ !0
~'
~. I
Collier County, Florida
Updated Effluent Resource Planning Report
Scope of Services
The CONSULTANT will develop an update to the 201 Facility Plan Update that will integrate
wastewater and reclaimed water planning into one comprehensive plan. The CONSULTANT will
consider the concept of developing the reclaimed irrigation system so as to provide comprehensive
irrigation services. The CONSULTANT will update seasonal and daily fluctuations in reuse irrigation
demand, daily supply, potential users, and alternatives for meeting seasonal and daily (operational)
storage demands. The CONSULTANT will also develop a financial management plan for both capital
and operating costs of the system.
Task 1 - Update Reuse Demands
The CONSULTANT will update information on existing reuse supply commitments and potential
customers. Estimated reuse demands and seasonal and daily fluctuations in reuse demand will be
developed for typical golf course, residential bulk users, and other categories of potential reclaimed
water customers. This information will be used to develop a management plan to address supply
requirements and seasonal and daily fluctuations in reuse demands and supply.
Task 2 - Update Water Balance
The CONSULTANT will update the spreadsheet-based computer water balance model to project
seasonal fluctuations in reuse demand and supply availability. The water balance will be evaluated
based on the development of a dual water system or the development of a bulk supply system. The
bulk supply-only option will be evaluated based on the bulk supplier providing 25, 50, 75, and 100
percent of the required seasonal storage requirements. The dual water supply system option will be
based on the County providing all required storage. The water balance model will be used to estimate
the required storage and supplemental water requirements to meet system demand. The model will be
developed based on the existing and potential reuse customers identified in Task l.
Task 3 - Hydraulic Modeling
The OWNER will update the hydraulic computer model (KYPIPE) that simulates the existing and
proposed North and South Service Area reuse transmission networks. The CONSULTANT will run
the model to simulate operations at average and peak hour flow conditions, and minimum delivery
pressures established for each customer type. The CONSULTANT will analyze four (4) reuse supply
alternatives and recommend final pipe sizes and transmission routing based on the results of these
simulations.
The CONSULTANT will update the North Service Area hydraulic model and South Service Area
hydraulic model and determine an interconnected reuse system operation at average and peak hour
flow conditions, and minimum required delivery pressures. The CONSULTANT will analyze the
results of the "interConnected" model and update sizing of the reuse transmission main based on reuse
supply altematives.
NO.
2 MAY 2 5 lS99
PG,
Collier County, Florida
Updated Reuse Resource Planning Report
Draft Scope of Services
The CONSULTANT will evaluate the required size of the proposed Livingston Road reclaimed water
main, considering additional flow from a city - county interconnect at Bear Paw on Golden Gate
Parkway and a pump station near the proposed Livingston Road bridge over the Golden Gate Canal
for transfer of supplemental water to meet peak irrigation demands and provide irrigation water for
storage in ASR wells.
Task 4 - Hydrogeologic Evaluation
The CONSULTANT will update the hydrogeologic evaluations of cost and feasibility for alternative
wet weather, peak dry weather demand, operational storage and reuse management plans including
Aquifer Storage and Recovery, seasonal storage reservoirs, deepwell injection, and utilization of
treated stormwater as a means of reuse augmenting supply requirements.
Task 5 - Interim Report Submittal
The CONSULTANT will prepare a Technical Memorandum summarizing the results of Tasks 1
through 4 and submit five (5) copies in draft form to the OWNER. The CONSULTANT will review
and respond to the OWNER' S comments on the draft memorandum and incorporate the changes in the
final Effluent Resource Planning Report.
Task 6 - Analysis of Capital Improvement Requirements
Based on the results of the evaluations detailed in Tasks 1, 2, 3 and 4, the CONSULTANT will make
recommendations for wastewater reuse system improvements required to meet regulatory
requirements, address system inadequacies, and provide for the phased system expansion during the
period 2000 through 2010.
The CONSULTANT will prepare a prioritized reuse system Capital Improvement Program (CIP) list
for reclaimed water transmission and storage system, and improvements to provide for the phased
expansion to the two (2) of the reuse alternatives evaluated in Task 3.
The CONSULTANT will develop planning level engineer' s opinion of probable cost for construction
of all recommended CIP projects. The opinions of probable cost will be based on recent bid
tabulations in Collier County, equipment quotes, and CONSULTANT'S data from similar projects.
The CONSULTANT will develop planning level life cycle costs for operation and maintenance of the
recommended improvements. The life cycle costs will be used in the value analysis to determine cost
effectiveness of recommended improvements.
Co~ier County, Florida
Updated Reuse Resource Planning Report
Draft Scope of Services
Task 7 - Develop Financial Management Plan
Based on the results of the evaluations detailed and recommended reuse alternatives, the
CONSULTANT will develop a financial management plan for the reuse system capital improvements
and operating costs. The financing plan will be presented by year for the period of 2000 through
2010.
The CONSULTANT will provide a plan which includes funding altematives such as utilizing cash
reserves, State Revolving Fund (SRF) loans, revenue bonds and existing revenue from impact fees and
user fees. The CONSULTANT will project annual revenues and expenses for the effluent
management systems through the planning period. Bulk rates and individual user rates shall be
analyzed for best management practice. Both capital and operational costs will be analyzed based on
the estimated impact of each CIP project on current expenditures. The 1998 actual revenues and
expenditures by line item, as well as the 1999 budgeted revenues and expenditure by line item data
will be required, as well as the amortization schedule for existing debt and the latest CIP and Renewal
and Replacement 5-year budgets. The CONSULTANT will review existing reuse ordinances and
recommend revision or new ordinance required to implement the selected plan. Operation and
maintenance savings, as well as the capital requirements of water and wastewater systems will be
evaluated with respect to the needs of the wastewater disposal and a means of deferring water projects.
Task 8 - Final Report and Project Meetings
The CONSULTANT will prepare a draft Effluent Resource Planning Report and submit five (5)
copies in draft form to the OWNER. The CONSULTANT will review and respond to the OWNER' S
comments on the draft report and submit five (5) copies of the final Effluent Resource Planning
Report three (3) weeks after receiving comments from OWNER.
The CONSULTANT will organize and attend up to three (3) progress meetings with the OWNER for
the duration of the project to review the status of the various aspects of the planning process. The
CONSULTANT will conduct one (1) Technical Review Committee meeting with County staff as part
of CONSULTANT's Quality Management Program and respond to review comments.
Task 9 - Executive Summary and BOCC Meeting Preparation
The CONSULTANT will prepare an Executive Summary of the Updated Effluent Resource Planning
Report which will provide a briefing document for the update results and recommendations in a
concise format. The CONSULTANT will submit five (5) copies of the Draft Executive Summary. to
the OWNER for review. The CONSULTANT will address the OWNER's comments and make
revisions. The Final Executive Summary will be incorporated into the Final Effluent Resource
Planning Report. The CONSULTANT will prepare presentation materials, graphics, and handouts
and present the results of the study to the Collier County Board of County Commissioners.
MAY 2 5 19q9
Collier County, Florida
Updated Reuse Resource Planning Report
Draft Scope of Services
Schedule
The CONSULTANT will complete Tasks 1 through 5 within nine (9) weeks of written notice to
proceed. Tasks 6 through 8 will be completed within eight (8) weeks after receiving the OWNER' s
comments on the Interim Report. Task 9 will be completed two (2) weeks after receiving notice to
proceed.
Compensation
The fees for the CONSULTANT shall be based on a lump sum payment of $73,700. The schedule of
fee for each task is listed in Table 1. Monthly invoices will be submitted to the OWNER for tasks
completed or partially completed. A summary report of work completed will be submitted with the
invoice.
iNOM AG ND^ IT '
s AY 2 5 1999
Collier County, Florida
Updated Reuse Resource Planning Report
Draft Scope of Services
TABLE 1
COLLIER COUNTY, FLORIDA
SCHEDULE OF FEES
UPDATED REUSE RESOURCE PLANNING REPORT
TASK DESCRIPTION TOTAL COST
(s)
Task 1 - Update Reuse Demands $ 2,000
Task 2 - Update Water Balance $ 3,500
Task 3 - Hydraulic Modeling $ 16,000
Task 4 - Hydrogeologic Evaluation $ 8,000
Task 5 - Interim Report Submittal ' $ 2,500
Task 6 - Analysis of Capital Improvement Requirements $ 8,000
Task 7 - Develop Reuse Financial Plan $ 28,000
Task 8 - Final Report and Project Meetings $ 3,200
Task 9 - Executive and BOCC Meeting Preparation $ 2,500
TOTAL $ 73, 700
6295MB.251 6 NO, ~~_~..)
MAY 2 5 1999
EXECUTIVE SUMMARY
AGREEMENT TO REIMBURSE THE PROPERTY APPRAISER AND TAX
COLLECTOR FOR SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY
WATER AND WASTEWATER MUNICIPAL SERVICE BENEFIT UNIT
OBJECTIVE: That the Board of County Commissioners, as the Governing Board of the
Golden Gate Parkway Municipal Service Benefit Unit, approve the agreement for the
Golden Gate Parkway Municipal Service Benefit Unit to reimburse the Property Appraiser
and the Tax Collector for services rendered for the Golden Gate Parkway Municipal
Service Benefit Unit.
CONSIDERATIONS: The Board of County Commissioners in their regular meeting of
February 23, 1999 approved a Resolution authorizing the use of the uniform method of
collecting non-ad valorem special assessments.
This Agreement allows for the merging with the ad valorem tax roll for enforcement of
collection of a non-ad valorem assessment by utilizing the tax notice. This Uniform
Method of collection conforms with the requirement of Section 197.3632, Florida
Statutes.
FISCAL IMPACT: Cost associated with this agreement include reimbursement of
administrative and actual costs, such as personnel, supplies, forms, data processing,
computer equipment, postage and programming. The cost are undetermined at this time,
however, all project costs will be recovered by 100% assessment of benefited property
owners.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: The Public Works Administrator recommends that the Board
of County Commissioners, Ex-Officio the Governing Board of the Golden Gate Parkway
Municipal Service Benefit Unit, approve the Agreement.
David C. Weigel, ~e~'unty
AGENDA ~
NO. /~
MAY 2 5 1999
pg.
AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE
GOVERNING BOARD OF THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE
BENEFIT UNIT TO REIMBURSE THE PROPERTY APPRAISER AND TAX
COLLECTOR FOR SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY
MUNICIPAL SERVICE BENEFIT UNIT
This Agreement for Board of County Commissioners as Governing Board of the Golden
Gate Parkway Municipal Service Benefit Unit to Reimburse the Property Appraiser and Tax
Collector (the "Agreement") is made and entered into this __ day of ,
1999, by and among Board of County Commissioners as Governing Board of the Golden Gate
Parkway Municipal Service Benefit Unit, CMSBU"), Abe Skinner in his capacity as the Collier
County Property Appraiser, ("Property Appraiser"), and Guy L. Carlton in his capacity as the
Collier County Tax Collector, ("Tax Collector").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations, and agreements contained herein, together with the ten dollars ($10.00) and other
good and valuable consideration exchanged amongst the parties, the parties to this Agreement do
· '-- undertake, promise and agree for themselves, and their successors as follows:
SECTION 1. FINDINGS, RECITALS AND ACKNOWLEDGMENTS.
It is hereby ascertained, determined and declared by the parties that:
(A) The MSBU is authorized to impose non-ad valorem assessments and by
appropriate resolution shall express its intent to use the uniform method of levy, collection and
enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes,
under which assessments are included on an assessment roll and certified, in a compatible
electronic medium tied to the property identification number, by the MSBU to the Tax Collector
for merging with the ad valorera tax roll, for collection by utilizing the tax notice provisions
described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds
under the non payment provisions of the ad valorera tax laws (the "Uniform Method");
(B) The Uniform Method,.with its enforcement provisions including the use of tax sale
certificates and tax deeds to collect delinquent annual payments, is less expensive and more
equitable to the delinquent landowner than the traditional lien foreclosure methodology;
(C) The Uniform Method will provide for more efficient collection by virtue of the
assessment being on the tax notice issued by the Tax Collector and will produce positive
economic benefits to the affected landowners and the MSBU;
(D) The Uniform Method will promote local government accountabilit r; i~OC~.~
Page 1 of 5 MAY 2 5 1999
(E) This Agreement is intended to conform with the requirement of Section 197.3632,
Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a
written agreement providing for reimbursement of administrative and actual costs incurred as a
result of the use of the Uniform Method; such administrative and actual costs include, but are not
limited to those costs associated with personnel, forms, supplies, data processing, computer
equipment, postage and programming;
(F) The non-ad valorem assessments to which this Agreement applies are being levied
for the first time for the Golden Gate Parkway Municipal Service Benefit Unit which comprises
eleven properties located along the south side of Golden Gate Parkway just east of Santa Barbara,
Unit 7, Block 230, lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as
recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida; and
(G) This Agreement is entered into in order to provide for the use of the Uniform
Method relative to non-ad valorem assessments imposed under the Golden Gate Parkway
Municipal Service Benefit Unit which comprises eleven properties located along the south side of
Golden Gate Parkway just east of Santa Barbara, Unit 7, Block 230, lots 1 through 11, in Section
28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public
Records of Collier County, Florida or its successor in function.
SECTION 2. INCORPORATION.
The findings, recitals and ac'knowledgments contained herein are true, correct and
incorporated in this Agreement.
SECTION 3. PURPOSE.
The purpose of this Agreement is for the MSBU, the Tax Collector and the Property
Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section
197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy,
collection, and enforcement of non-ad valorem assessments; and to provide for reimbursement by
the Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal
Service Benefit Unit to the Tax Collector and the Property Appraiser for all actual costs incurred
by them in such activity.
SECTION 4. COMPLIANCE WITH LAWS AND REGULATIONS.
The parties shall abide by all statutes, rules and regulations pertaining to the levy and
collection ofnon-ad valorem assessments, and any ordinance promulgated by the MSBU, not
inconsistent with, nor contrary to, the provisions of Sections 197.3632, 197.3635, Florida
Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue.
AC-:-:-:-:-:-:-:-:-~NDA ITEM
NO. 1 r
Page 2 of 5 MAY 2 5 1999
pg.
SECTION 5. DUTIES AND RESPONSHBLITIES OF THE MSBU.
The MSBU shall:
(A) Reimburse the Property Appraiser for all actual costs incurred, upon receipt of an
invoice fully itemizing the costs incurred, by the Property Appraiser in providing the information
and cooperation more particularly referenced in Section 6 hereof;
(B) Reimburse the Tax Collector for all actual collection costs incurred, upon receipt
of an invoice fully itemizing the costs incurred, in the collection of the assessments, pursuant to
Section 197.3632, Florida Statutes;
(C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices
necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll
certified by the MSBU pursuant to Section 197.3632(7), Florida Statutes;
(D) Post the non-ad valorem assessment for each parcel on the non-ad valorem
assessment roll in a manner that such non-ad valorem assessment roll is free of errors and
omissions;
(E) By September 15 of each calendar year, cause the Chairman of the Board of
County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service
Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem
assessment roll on compatible medium, tied to the property parcel identification number, in a
manner that conforms to the format of the ad valorem tax roll submitted by the Property
Appraiser to the Department of Revenue; and
(F) Cooperate with the Tax Collector and the Property Appraiser to implement the
Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorera
assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically
Sections 197.3632 and 197.3635, Florida Statutes, as amended.
SECTION 6. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER.
The Property Appraiser shall:
(A) Annually by June 1 provide the MSBU with at least the following information by
compatible electronic medium:
1) The legal description of the property within the boundaries provided by the
MSBU describing the subject municipal services taxing and benefit unit.
2) The names and addresses of the owners of such property.
AGENDA ITEM
NO. L~( P,;.\( ~\"~
MAY 2 b 1999
Page 3 of 5
3) The property identification number of each parcel in a manner that
conforms to the format of the ad valorem roll submitted to the Department of
Revenue.
4) Any other information reasonably needed by the MSBU to create, re-
compute, reconfigure, revise, correct or otherwise formulate the non-ad valorera
assessment roll.
Provided, however, the Property Appraiser is not required to submit information which is
not on the ad valorem roll, compatible electronic medium submitted to the Department of
Revenue, or otherwise readily available and reasonably accessible from his records; and
(B) Cooperate with the MSBU and the Tax Collector to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll,
pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632
and 197.3635, Florida Statutes, as amended.
SECTION 7. DUTIES AND RESPONSIBILITIES OF TIlE TAX COLLECTOR.
The Tax Collector shall:
(A) Prepare a collection roll and prepare a combined notice for both the ad valorem
and non-ad valorem assessments in accordance with Chapter 197, and applicable rules
promulgated by the Department of Revenue and in accordance with any specific ordinances and
resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not
be inconsistent with or contrary to, the provisions of Chapter 197, specifically, Sections 197.3632
and 197.3635, Florida Statutes;
(B) Collect the non-ad valorem assessments of the MSBU as certified to the Tax
Collector no later than September 15 of each calendar year; provided such roll is on compatible
electronic medium tied to the property identification number for each parcel and in the format
used by the Property Appraiser for the non-ad valorem roll submitted to the Department of
Revenue and such roll is free of errors and omissions;
(C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll,
pursuant to, and consistent with, all the provisions of Chapter 197, specifically Section 197.3632
and 197.3635, Florida Statues, as amended;
(D) Upon determining errors or omissions on any roll, request the MSBU to file a
corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a
certificate of correction, with a copy to the Property Appraiser and the Department of Revenue,
pursuant to applicable rules provided by the Department of Revenue; and
P,,g. 4 of 5 MAY 2 5 1999
pg.
0i) Upon determining that a separate mailing is required pursuant to Section 197.3632
(7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non-
ad valorem assessment.
SECTION 8. TERM.
The term of this Agreement shall commence upon the date first above written and shall
run through the end of the calendar year and shall automatically be renewed thereafter, for
successive periods, not to exceed one year each. However, the MSBU shall inform the Property
Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar
year the MSBU intends to discontinue using the Uniform Method of collecting the non-ad
valorem assessments referred to in this Agreement.
IN WITNESS WHEREOF, the MSBU, the Tax Collector and the Property Appraiser
have executed and delivered this Agreement as the date first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORID& AS
GOVERNING BOARD OF THE GOLDEN
ATTEST: GATE PARKWAY MUNICIPAL
DWIGHT E. BROCK, CLERK SERVICE BENENFIT UNIT
BY: BY:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and legal sufficiency:
David C. Weigel, CS'd'unty hl:~rney
WITNESSES: COLLIER COUNTY PROPERTY
APPRAISER
(~ ~--~/a._ / ABE SKINNER
WITNESSES: COLLIER COUNTY TAX COLLECTOR
Page 5 of 5
MAY 2 5 1999
Pg,
EXECUTIVE SUMMARY
APPROVAL OF SOLE SOURCE PURCHASES FROM DATA RESEARCH
ASSOCIATES, INC.
OBJECTIVE: Permission to purchase hardware and software from Data Research
Associates, Inc., (DRA) as the sole source vendor.
CONSIDERATIONS: The Library has been automated with an integrated library
automation system from DRA since .1992. Several upgrades to the software and hard-
ware have been made since the original installation. With each upgrade, Library
Staff evaluates if the upgrade is cost-effective or if the Library should consider an-
other vendor. Taking into consideration retraining costs, (estimated at the cost of the
original training value of $26,500) and replacing all systems equipment and the func-
tionality of the system, Staff has concluded that upgrading our system with DRA is
more cost-effective and cost-efficient. The system basically works very well. These
next two upgrades will enhance the capabilities of the system for the Public and for
the Staff. The enhancements keep CCPL current as the technology improves.
The first upgrade moves the library data from the Compaq VAX platform to the
Compaq Alpha server, and will provide enhanced capabilities for the Public using
the Library catalog, both within Library facilities and from home or office through
the World Wide Web. Improvements include reserving materials and checking per-
"" sonal library accounts through the Web, enhanced subject searching of library mate-
rials, ability for registered users to access Library-purchased magazine indexes
through the WEB and better access to the titles of magazines to which the Library
subscribes. Other technical improvements will improve performance and access to
statistical data for Library Staff. For example, monthly statistical reports will run
three times faster on the Alpha computer platform.
The second upgrade will replace the remaining text-only terminals with personal
computer workstations, for both the Public and Staff, and purchase the software re-
quired by the Taos Server. This DRA Taos system streamlines the work needed to
enter cataloging and patron identification information, speeding service to the Pub-
lic. Other technical improvements further enhance service and provide for easier
maintenance by existing Library Staff, rather than needing additional staff to admin-
ister the system.
The currently used DRA system, will gradually be phased out as all DRA libraries
migrate to the new system. CCPL recommends that the first upgrade be purchased
this fiscal year and the second upgrade be purchased in FY00.
DRA's automation software is proprietary. Standard operating systems and equip-
ment are modified specifically to run DRA's software, making these purchases 'sole
source' items. DRA does not provide on-site migration services for customers who
purchase hardware from other vendors due to DRA staff shortages and the numbers
of DRA customers who are upgrading to the Alpha.
FISCAL IMPACT: In FY99, costs are $45,510. This includes the Alpha Server, set-up
and various software documentation needed to operate the system. ~urtds are
(G ~a I~ m
available from additional State Aid received for the current fiscal yeaz ~.~!
MAY 2 5 1999
Fund, 001-156110.)
FY00 costs are currently estimated at $44,600 and include additional software
licenses and training needed to operate the new Taos system. The Taos server will
also be needed. Funds will be requested from Library Impact Fees, since the need for
the equipment is caused by growth. (355-156190)
The Alpha server is less expensive to support than our currently used VAX.
Purchasing the Alpha will reduce maintenance fees by approximately $10,000 in the
first year of service, and by $7,000 in each subsequent year.
'GROWTH MANAGEMENT IMPACT: The population growth and yearly increas-
es in circulation and business generated at Collier County Public Libraries, necessi-
tates the purchase of new equipment which streamlines the work flow for Library
Staff and minimizes the need for additional automation systems staff to manage the
Library network.
RECOMMENDATION: Staff recommends Board approval for these purchases
from Data Research Associates, Inc., as the sole source vendor. Purchases will be
made in FY99 and FY00.
Prepared by: a~ly~, DATE: 4-
M Assistant Director
'?" Approved by: DATE: ]4 ')~ ctq
Director
Reviewed and "~
Approved by: n ~ . ~"-~,-~'~;~ DATE:
Steve arnell, g Director
Approved Th6~ ~V'TOllif~_,Thblic Services Administrator
EXECUTIVE SUMMARY
A REQUEST FOR A PERMIT TO CONDUCT THREE (3) SEPARATE CARNIVALS
HOSTED BY THE PARKS AND RECREATION DEPARTMENT.
Objective: That the Board of County Commissioners approve permits to conduct three (3)
carnivals for Collier County special events on County property, and that the Board waive associated
application and surety bond fees.
Consideration: The Board has previously approved and budgeted funds in FY99 for a Summeffest
youth carnival and the Country Festival. Additionally the Commission has traditionally financially
supported the Snowfeat event in December including the one held last summer. A carnival is one
of the main and integral attractions to the overall success of these events, as it offers fun to families
of all ages. Below is list of the three (3) events and the associated dates for permit approval.
Event Location Dates
1. Summerfeat Golden Gate CC (Open Lot) June 18-19, 1999
2. Countyfeat Vineyards Community Park September 24-25, 1999
3. Snowfeat Golden Gate Community Park December 4, 1999
Parks and Recreation has met all the requirements of the carnival permit procedures other than the
requests to waive the application fee and the surety bond. Since the County is hosting the events, a
surety bond fee will not be necessary, as staff will be responsible for the clean-up fee. Application
fee waivers from the Parks and Recreation have been granted in previous years.
Growth Management: None
Fiscal Impact: Revenues for the Community Development Enterprise Fund are generated from
fees established in the Schedule of Development Review and Building Permit Fees. It is a Board
policy that requests for waiver of such fees are granted only by the Board. The waiver will save the
general fund, recreation program budget $600. The Community Development Enterprise Fund
anticipates losing approximately $2,300 from these waivers each year.
Recommendation: That the Board of County Commissioners approve the carnival permits and
waive the application fee and surety bond for the three aforementioned special events.
Prepared by: Date:
John Dunnuck, Operations Coordinator
Department of Parks and Recreation
Review and /. :'q' '
/ M~a R~sey, Diredto~ ./~
Dep~ment ofP~ks ~d Recreation
Review ~d
Tfi~m~'~. ~iff, Ad~rator
EXECUTIVE SUMMARY
'APPROVE SUMMER FOOD SERVICE PROGRAM GRANT FOR IMMOKALEE AND NAPLES
SUMMER RECREATION PARTICIPANTS.
Objective: That the Board of County Commissioners accept a State of Florida reimbursement grant to
provide lunch to children of the County's Immokalee and Naples area summer recreation program.
Consideration: The summer food service program was established to ensure that various agencies would
provide the same high quality meals during the summer as provided during the school year. The grant offers
flee meals to children eighteen years and under in areas that qualify under the National School Lunch and
School Breakfast Program. Immokalee is one hundred percent eligible for the Summer Food Service; the
Naples area varies based on census tract income levels.
Staff has successfully administered the summer food service program for the past fifteen- (15) years through the
summer camp program. Last summer the 1998 grant provided 47,627 breakfasts, 76,266 lunches, and 3,787
snacks. This summer the program will provide an estimated 50,000 breakfasts, 96,000 lunches, and 4,500
snacks. School personnel prepare and deliver the lunches under the supervision of County staff The County
will be reimbursed based on the number of meals served to the children, and the costs of administering the
program.
Fiscal Impact: The program is budgeted under the FY99 Food Grant Fund in the amount of $
The State will reimburse the County for 100% of expenses.
Growth Management: None
.ecommendation: The Parks and Recreation Advisory Board and staff recommend that the Board of County
Commissioners approve the Florida Summer Food Service Program grant.
by' ~ /~' ~ Date: ff//~//~
Prepared .
James R. Thomas, Athletics Supervisor
partment of Parks and Recreation
Reviewed and ~
Approved by: L Date: 6"//"-f/~
Murdo Smith, Recreation Manager
Department of Parks and Recreation
I'.I ,Y 2 5 1999
, ,.
MAY 2 5 1999 ~
Pg .~
EXECUTIVE SUMMARY
AUTHORIZE THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD FOR
THE SUMMER FOOD SERVICE GRANT PROGRAM.
Objective: That the Board of County Commissioners authorize the Collier County School Board to
provide prepared food for the summer food service grant program beginning July 1,1999 and continue
until August 6, 1999.
Consideration: The Collier County School Board has successfully provided meals to the Parks and
Recreation Department since the inception of the Summer Food Grant program fifteen (15) years ago.
Once again the Collier County School Board has agreed to provide meals that meet or exceed State
requirements at a competitive cost of $1.85 per lunch and $1.20 per breakfast. The County will pay for
the initial funding of the meals, but will receive 100% reimbursement from the State grant funds.
The summer food service program ensures that children will receive the same high quality meals during
the summer as provided during the school year. The grant offers free meals to children eighteen (18)
years and under in areas that qualify under the National School Lunch and School Breakfast Program.
Immokalee is one hundred percent eligible for the Summer Food Service; the Naples area varies based on
census tract income levels.
Growth Management: None
Fiscal Impact: The program is budgeted under the FY99 Food Grant Fund in the amount of
,--, The State will reimburse the County for 100% of expenses.
Recommendation: Staff recommends that the Board authorize the Chairman to sign the agreement.
The agreement has been reviewed and approved by the County Attorney.
//'James R. Thomas, Athletic Supervisor Department of Parks and Recreation
Reviewed and
Appro ved by: Date:
· MurSo Smith, Recreation Manager
Department of Parks and Recreation
Reviewed and .,
Approved by: .
Division of Public Se~s
..... COLLIER COUNTY PARKS AND RECREATION DEPARTMENT
MEMORANDUM OF AGREEMENT
SUMMER FOOD SERVICE PROGRAM
The District School Board of Collier County (Schools), whose address is 3710 Estey Avenue, Naples,
Florida 34 104, agrees to furnish approximately 3,500 meals per day to the Collier County Parks and
Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34 116.
Meals will be prepared and be available for pick up by the Sponsor at Gulf Coast High School,
Immokalee High School and Highlands Elementary School in accordance with a mutually agreed
schedule.
The estimates for meals are:
3,000 lunches per day at $1.85 per lunch.
500 breakfasts per day at $1.20 per breakfast.
Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program
Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on July 1,
1999 and continue until August 6, 1999, unless the program is terminated earlier by either party. The
Sponsor agrees to request monthly cash advances from the Department of Education. The price of
meals on this contract includes the full value of any U.S.D.A. donated commodities and all federal and
state meal reimbursement.
The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the
._.. Sponsor. The Sponsor shall hold the Schools harmless for safe food handling subsequent to receipt of
the meals.
The Schools shall prepare an invoice for aft meals received by the Sponsor at the end of each month.
The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days.
IN WITNESS WHEREOF.' The parties hereto have caused this agreement to be executed by their duly
authorized officers.
A TTES T: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY 6Y
Pamela S Mac'Kie, Chairwoman
DISTRICT SCHOOL BOARD, COLLIER COUNTY
BY
Witness for School Board Nelson A. Faerber Jr., Chairman
Witness for School Board
EXECUTIVE SUMMARY
AUTHORIZE G.A. FOODS TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE
GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION.
Objective: That the Board of County Commissioners authorize G.A. Foods to provide prepared food for
the summer food service grant program beginning June 14, 1999 to June 30, 1999 and from August 9,
1999 to August 13, 1999.
Consideration: In accordance with Federal Regulations, only Food Management Companies approved
by the State of Florida or local School Boards are eligible to produce meals for the Summer Food Service
Program. The Collier County School Board has provided hot meals during the Summer School session
to the Parks and Recreation Department for the past fifteen (15) years and will continue to do so this
year. G.A. Foods, a State approved food management company, has agreed to provide cold lunches
during the time period the Collier County Schools will be closed, Junel4, 1999 to June30,-1999 and from
August 9, 1999 to August 13, 1999. G.A. Foods has agreed to provide meals that meet or exceed State
requirements at a competitive cost of $1.70 per lunch. A $292.00 delivery charge will also be billed the
County when meals are delivered. The County will pay for the initial funding of the meals, but will
receive 100% reimbursement from the State grant funds.
The Parks and Recreation Department contacted five (5) other State approved vendors, however they
were unable to provide this service to the County. The County Purchasing Department has reviewed and
approved the vendor to provide this service.
Growth Management: None
Fiscal Impact: The program is budgeted under the FY99 Food Grant Fund in the amount of
The State will reimburse the County for 100% of expenses.
Recommendation: Staff recommends that the Board waive the formal bid process, select G.A.
Foods to provide meals during the Summer Food Service program as described above and authorize the
Chairman to sign the agreement. The agreement has been reviewed and approved by the County
Attorney.
James R. Thomas, Athletic Supervisor
Department of Parks an reation
~ai'lh ~amsey, D~rdSfor eGdn '
Department of Parks and R
Date: ,'5/1'~
Approved by: ~ i or
Purchasing Department
Reviewed and ~1~~
Tho/'nTiW'~. Olli~"ff, ~ed~es ator
Division of Public
,'~
COLLIER COUNTY PARKS AND RECREATION DEPARTMENT
MEMORANDUM OF AGREEMENT
SUMMER FOOD SERVICE PROGRAM
G.A.Foods (Vendor), whose address is 1220 32"d Court N, St. Petersburgh, Florida 33716, agrees to
furnish approxmmtely 3,000 meals per day to the Collier County Parks and Recreation Department
(Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Herida 34116. Meals will be prepared
and delivered to Naples High School, Naples and Bethuric Educational Center, Immokalee.
The estimates for meals are:
3,000 lunches per day at $1.70 per lunch
$292 charge per delivery
Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program Regulations,
7CFR Part 225, as provided to the District School Board. Service is to begin on June 14, 199 through
June 30, 1999 and August 9, 1999 through August 13, 1999, unless the program is terminated earlier by
either party. The Sponsor agrees to request monthly cash advances from the Department of Education.
The price of meals on this contract includes the full value of any U.S.D.A. donated commodities and all
federal and state meal reimbursement.
The Vendor shall hold the Sponsor harmless for safe food handling up to the time of receipt by the
Sponsor. The sponsor shall hold the Vendor harmless for safe food handling subsequent to receipt of the
meals.
The Vendor shall prepare an invoice for all mea~s recei,-~-d by the Sponsor at the end of each month. The
Sponsor agrees to reimburse the Vendor upon verification of the invoice and within 30 days.
IN \VITNESS WHEREOF: The parties hereto have caused this agreement to be executed by their duly
authorized officers.
A'FFEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY BY
Pamela S. Mac'Kie, Chairwoman
G.A.FOODS
BY
Witness for G.A. Foods Ken LoBianco, Vice-President
Witness for G.A. Foods
Approved as to form and
legal sufficiency:
MAY 2 5 {999
EXECUTIVE SUMMARY
APPROVE AN APPLICATION TO THE FLORIDA DEPARTMENT OF STATE
REQUESTING HISTORIC PRESERVATION GRANT FUNDS TO ASSIST WITH THE
RESTORATION OF THE ROBERTS' RANCH IN IMMOKALEE.
OBJECTIVE: That the Board of County Commissioners approve a grant application by the
Collier County Museum to the Florida Department of State requesting a Special Category
Historic Preservation Grant to assist with funding the preservation and restoration of the Roberts'
Ranch in Immokalee.
CONSIDERATION: On May 11, 1999 the Board approved the purchase of an additional 8.8
acres of property (Tract D) and all existing historic structures from the trustees of the Roberts'
Family Trust for $600,000.
This action paves the way for preserving a significant historic resource and keeps the site's
features intact as a museum for the benefit of Collier County' s citizens and the entire state of
Florida.
As previously reported to the Board, extensive restoration and rehabilitation will be necessary to
stabilize, restore and upgrade the various ranch structures for public use and to safely display its
extensive artifact collections.
The Museum is requesting the Board's approval to proceed with an application to the Florida
Department of State for a Special Category Historic Preservation Grant to assist with funding 50
percent or more of the project's estimated $2 million cost. Staff is preparing the application and
supporting documentation with the assistance of Chalmers Yeilding, Preservation Architect, for
submission by the June 1, 1999 deadline. The next grant cycle will not begin until April 1,2000.
If successful, state awarded grant funds would become available after July 1, 2000. Actual
contracts and agreements would be sent for the Board's review at that time as separate
documents and will require final consideration and approval by the Board.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve application to .the
Florida Department of State requesting a Special Category Historic Preservation Grant to assist
with the restoration of the Robeas' Ranch in Immokalee, and authorize the Chairwoman to sign
the certification page of the application when presented, pending review by the County
Attomey's Office.
Prepared by: Ja~,'~use Date: 5. t ~. ~?
Rob um Director
Reviewedby: ~IU/'~_,_ . Date -5"' \cX -~r~ ,,
!,.IA¥ 2 5 1999
,,, j
EXECUTIVE SUMMARY
APPROVAL FOR LIBRARY TO APPLY FOR GATES LIBRARY FOUNDATION
GRANT
OBJECTIVE: To obtain signature of Board Chairwoman on the grant applicant certification
forms, enabling Collier County Public Library to apply for equipment, software and training
oppommities from the Gates LibraryFoundation ....
CONSIDERATIONS: The Gates Library Initiative (GLI) has partnered with the State Library of
Florida, enabling local libraries to apply for technology grants from the GLI. Eligibility is based on
national statistics on the poverty level of the residents in the vicinity of each public library. Three
Collier County Branch Libraries qualified for these technology grants: Immokalee Branch Library can
receive 4 personal computers; Estates Branch Library can receive 2 personal computers; and
Everglades City Branch Library can receive 1 personal computer. These branch libraries will also
receive laser printers, any necessary networking equipment and wiring, over 20 software titles, train-
ing.and technical support for 3 years. CCPL is also eligible to apply for a training lab grant, consisting
of 10 personal computer stations, software, networking equipment, a laser printer and a 36" display
monitor.
The trairting lab will be used for training staff members and the public to use the library electronic
""ources. Currently the Library schedules lecture-style training classes since we do not have a train-
., lab. Hands-on training would be a more effective method of teaching the use of the commercial
data bases to which the Library subscribes.
All equiprnent and software is entirely compatible with current Library standards. The grant will
enable the Library to stretch its equipment budget and provide more patron access.
Grant stipulations for use of the equipment are completely compatible with current Library policy.
Grant awards will be announced this summer and equipment will be installed in October.
FISCAL IMPACT: There is no fiscal impact. Total cost of equipment and materials received is
approximately $70,000. There is no matching fund requirement to receive this grant. We agree merely
to support the equipment as we would support equipment purchased with Library dollars.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Library Staff recommends the BCC approve applying for the grant and
authorize the Chairwoman to sign the certification forms, following review and approval of the appli-
cation by the County Attorney.
Maril'yn Ma((lnes, -dssistant Library Director
R, eviewed and k'x~ ~
,roved bv: k3 cS'V'xL~ DATE:
Reviewed and
. .. 2 5 1999
Approved byi I_ ~..~ bNJC'X DATES.
Thon~as W. Olliff, ~u~. Services Administrator _ __ ,
Supplemental Grant Applicant Cgr~~cation
Purpose
The purpose of this Supplemental Grant Application is to provide the libraries of the
State of Florida with state-of-the-art training facilities, that are located in larger
library systems, and able to be used as a statewide resource through mutual support
and cooperation.
Eligibility Standard
To be eligible to receive this Supplemental Grant to host a Training Lab, a library
must be recognized by the State Library of Florida as a public library, open to public
use acting as a public library (not as an administrative facility), and be wallrtg to
commit to the use of the Lab for cooperative statewide technology training
programs.
In making tlis application, we certify that if the supplemental grant is approve&
1.The grant fun& will be an incremental increase to other current and antidpated library
funding and will not replace previously budgeted kerns.
2.This application is complete and represents the needs of this community. This library
system meets the above eligibility standard for Gates Library Initiative timcling.
3. All good faith efforts will be made to sustain the Tplning Lab capability established by
this grant. Such efforts will be aimed at assuring that all computers and peripheral
equipment are kept fully operational and appropriately supplied. Also, every effort will
be made to assure adequate public funding from state and local sources for the proper
maintenance and eventual replacement of the equipment provided by this grant.
4. The applicant understands that grants will be made only to public libraries that provide
unmediated access to computers for public use, and wal operate and administer the
computers and Interact access without charges or fees to library patrons.
Signatures: A~T:
Dwight E. Brock, Clerk
Library System Collier County Public Library_
Library Director: Appropriate Loca Funding Authority:. BO~,D OF
C(XJNTY CCI~ISSION~ OF COLLIER COUNTY, FLORIDA
Name John W. Jones Name Pamela S. Mac'Kj~. O-halrw~man
Signature Tide
Date Signature
Date
Library Board Chi. Appropriate State Offidal:
Name Jaculyn g. Derinq Name
Signature Title
Date Signature
Date
Approved a to form and legal sufficiency: ~ NAogT~
1'~,~1~ ' MAY 2 5 1999
Thomas C. Palter, Assistant County Attorney Pg.-- ~ _
Grant Applicant Certification
"[ Purpose
The purpose of Gates Library Initiative (GLI) grants is to expand the availability of public
access computing, and to provide access to the Intemet and to digital information through
the public library.
Eligibility Standard
To be eligible for a Gates Library Initiative Grant, a library must be recognized by the State
Library of Florida as a public library, be open to public use acting as a public library (not as
an administrative facility), serve an area of over 10% poverty, and not have previously
received a GLI (or GLF) granL
In making this application, we certify that if the grant is approved:
1. The grant funds will be an incremental increase to other current and antidpated library funding
and will not replace previously budgeted items.
2. This application is complete and represents the needs of this community. This library system
meets the above eligibility standard for Gates Library Initiative funding.
3. All good faith efforts will be made to sustain the public access computing capability established
by this grant Such efforts will be aimed at assuring that all computes and peripheral equipmere
are kept fully operational and appropriately supplied. ALso, every effort will be made to assure
adequate public funding for the proper maintenance and eventual replacement of the equipment
provided by this grant.
4. The applicant understands that grants will be made only to public libraries that provide
unmediated access to computers for public use, and will operate and administer the computers
and Internet access without charges or fees to library patrons.
Signatures:
Iibmn/Sy~em COllier County Public Library
Libmay Dke~or.
Iqanle John w. Jones
Signature
Date
Library Board Chah':
Name Jaculyn K. Derinq
Signature
Date
Appropriate Local Funding Authofi~
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
Natlie Pamela S. Mac'Ki~. Ph~ir~anRlan
Tide ATTEST:
Signature Dwight E. Brock, Clerk
Date
· . MAY 2 5 1999
Thomas C. Palmer, Assistant County Attorney pg.__~
..... EXECUTIVE SUMMARY
AUTHORIZE THE STAFF TO PROCEED WITH NEGOTIATIONS WITH
WESTINGHOUSE COMMUNITIES NAPLES (WCN) TO EXCHANGE
PROPERTIES LOCATED AT THE COUNTY SEAGATE BEACH AND THE
DEVELOPMENT PREVIOUSLY KNOWN AS NAPLES CAY
OBJECTIVE: To work with a proposed development project to provide a beach parking
lot with 14 additional parking spaces.
CONSIDERATIONS: The County owns a parcel of property at the western terminus of
Seagate Drive that is used as a beach parking lot. It contains 25 parking spaces and serves
a public beach pedestrian access. WCN is proposing a revised site plan and has proposed
a swap of property that would result in a new parking lot that would have approximately
38 beach parking spaces. Because of the location of the beach access, there is ho impact
to the convenience of the public associated with the proposed location of the new lot.
In order to accomplish this, Florida Statute requires that the terms and conditions of the
exchange be advertised once a week for two weeks and that the Board adopt a resolution
regarding the transaction as well. If authorized, WCN would pay all costs associated with
the transfer. WCN would also construct the new parking lot to County standards
---- following County review and approval of all plans.
GROWTH MANAGEMENT IMPACT: The additional parking spaces would be
added to the Parks facilities inventory.
FISCAL IMPACT: There would be no cost to the County.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
authorize staff to pursue an exchange of properties at the western terminus of Seagate
Drive.
Prepared by:
EXECUTIVE SUMsMARY
APPROVE A RESOLUTION RELATING TO BEACH PARKING FEE
POLICIES AND PROCEDURES.
Objective: That the Board of County Commissioners approve a new resolution
relating to beach parking fee policies and procedures and repeal the previous one, (95-
543).
Consideration: The Board previtusly adopted a Resolution (95-543) that affirmed
the County's policy regarding fees for parking vehicles at the County's beach parking
facilities; however, the resolution did not address the specific qualification procedures
that define eligibility for a free parking permit.
This resolution addresses the specific rules goveming eligibility for a beach-parking
sticker. These rules exempt anyone who is either (1) a permanent resident of Collier
County or (2) a residential property owner in Collier County who shows the necessary
documentation as outlined in "Exhibit A". Although the County has basically followed
these guidelines since the program was instituted in 1995, the revised procedure tightens
the language regarding claims from time-share holders and other pseudo-resident
situations who request the free parking permits but are denied.
Growth Management: None
Fiscal Impact: There will be no fiscal impact as a result of this action.
Recommendation: That the Board of County Commissioners approve the new
Resolution relating to beach parking fee policies and procedures and repeal Resolution
95-543.
Prepared by: i~L "'~")Zlm.,~..tc4'.~, Date:
~ Dunffuc~, Operations Coordinator
Department of Parks and Recreation
Reviewed and '7~)' ':L: ,'-/'?[ ;,',': Z}~ [ Date:
Approved by: / ', ~ ~z' *.
Marla Ramsey, Director ,/ ' '
Department of Parks and Recreation
Reviewed and
by~b . . . Date:
. trator
2 5 1999
RESOLUTION No. 99 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND
IMPLEMENTING BEACH PARKING FEES AND RULES PROPOSED
BY THE COUNTY'S PARKS AND RECREATION DEPARTMENT
THAT SPECIFY THE DOCU'MENTATION REQUIRED TO PROVE
ELIGIBILITY TO BE ISSUED A STICKER TO INDICATE THAT A
VEHICLE IS EXEMPT FROM PAYMENT OF BEACH PARKING
FEES BASED LIPON THE APPLICANT'S RESIDENCY IN COLLIER
COUNTY, FLORIDA; REPEALING RESOLUTION NO. 95-543
WHEREAS, by adoption of Resolution No. 95-543 on September 26, 1995, the
Board of County Commissioners of Collier County, Florida, formally affirmed the
County's policies regarding fees for parking vehicles at the County's beach parking
facilities as specified in that Resolution; and
WHEREAS, eligibility for exemption from payment of beach parking fees is
based upon residency in Collier County because ad valorem taxes assessed against
residential real property located in Collier County, plus other taxes that are paid by
permanent residents partially pay for the County's expenses and the City of Naples'
expenses related to the subject public beach facilities; such taxes are not paid by persons
who are not permanent residents of Collier County or who do not own such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COI%IMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. FINDINGS AND PURPOSE.
The above WHEREAS CLAUSES are incorporated herein by reference as if restated
verbatim in this section.
MAY 2 S 1999
Pg
These Rules may be mended from time-to-time by Resolution(s) of the Board of County
Commissioners of Collier County.
The Board of County Commissioners makes the following findings of fact:
1. Most motor vehicles that are parked at the County's beach parking
facilities are occupied by people who are not residents of Collier County.
2. Costs to provide beach parking facilities and to police, maintain and repair
beaches, and to expand such parking facilities or construct new beach parking facilities
increase with the increasing numbers of vehicles that are parked at those beach parking
facilities.
3. This Resolution is to facilitate collection of those parking fees.
SECTION TWO. APPLICABLE BEACH FACILITY LOCATIONS.
1. Parking fees apply to the following beach parking facilities in Collier
County.
a. Barefoot Beach Access.
b. Barefoot Beach Park.
c. Vanderbilt Beach Access.
d. Calm Pass Park.
e. North Gulfshore Beach Access.
f. Tigertail Beach.
g. South Marco Beach Park.
2. Additional beach parking facilities may be added to this list from time-to-
time by Resolution(s) adopted by the Board of County Commissioners.
SECTION THREE. BEACH FACILITY PARKING FEES.
The County's beach parking fees are:
A. $3.00 per vehicle per day for each parking space that is not metered; and
B. Seventy-five cents ($0.75) per hour per vehicle for each parking space that
is individually metered.
C. The fees are collected through parking meters or by direct collection by
authorized county personnel at the respective beach parking facility.
SECTION FOUR. VEHICLE EX]E:I~.IPTION FROM BEACH FACILITY
PARKING FEES FOR PERMANENT COLLIER
COUNTY RESIDENTS; PROOF OF RESIDENCY IN
COLLIER COUNTY.
A. No vehicle shall be exempt from any beach facility parking fees unless the
vehicle displays a valid beach parking sticker issued by Collier County or by the City of
Naples.
B. Attached to this Resolution as Exhibit "A" are Rules proposed by the
Collier County Parks and Recreation Department, entitled "Beach Facilities Parking Fees
Exemptions - Documentation Required to Prove Residency in Collier County."
C. The attached Rules (Exhibit "A") are hereby approved by the Board of
County Commissioners as the County's policies regarding the documentation that is
required to be submitted to County's staff to prove that the applicant is eligible to be
issued a sticker to be affixed to a vehicle to indicate that the vehicle is exempt fi'om
payment of beach parking fees at specified beach facilities in Collier County.
999
SECTION FIVE. RESTRICTED PARKING AREAS.
Pursuant to Section FOUR of Collier Co-n.ty Ordinanc~ No. 80-47, as mended, each
parking space at any the above-listed "Applicable Beach Facility Locations" is a
geographic area where vehicle parking is prohibited except for vehicles that either display
a valid vehicle parking sticker or the applicable beach parking fees have been paid to park
that vehicle.
SECTION SIX. PARKING PROHIBITED AT "EXPIRED" PARKING
METERS.
Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as mended, at each
of the above-listed "Applicable Beach Facility Locations" no parking space controlled by
an individual parking meter shall be occupied by any vehicle when the parking meter
reads "expired." Such parking is "prohibited" except when the respective metered
parking fees have been paid into the parking meter applicable to the respective vehicle.
SECTION SEVEN. PARKING CITATIONS.
Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter mended, and pursuant
to Resolution(s) that may be adopted from time-to-time by the Board of County
Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are
authorized by that Special Act to issue parking citations at each beach facility in
accordance ~vith Ordinance No. 80-47, as now or hereafter mended, or as that Ordinance
may be superseded in function by subsequent ordinance(s).
SECTION EIGHT. REPEAL OF RESOLUTION NO. 95-543.
Collier County Resolution No. 95-543, expressing the County's current policies
regarding exemptions from these beach facilities parking fees, adopted on September 26,
1985, is hereby repealed in its entirety.
This Resolution adopted this __ day of ., 1999,
after motion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
Approved as to form and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
H:tcp'Res.99 - Beach Parking Fees -required documentation to prove eligibility for exemptions
MAY 2 5 1999
Exhibit A
PROOF REQUIRED TO SHOW THE RESIDENCY REQUIRED FOR
COLLIER COUNTY FREE BEACH FACILITIES PARKING STICKER(S)
1. PERMANENT RESIDENT: Proof required for a beach facilities free parking
sticker based upon permanent residency ("domicile") in Collier County is either (i) a
Florida Driver's License showing a Collier County residence address or (ii) Voter
Registration Card showing a Collier County residence address, plus one (1) of the
following issued to the person shown on the Driver's License or on the Voter
Registration Card for each vehicle that is to receive a sticker:
Vehicle(s) owned by the Permittee. Florida Vehicle Registration of the vehicle.
Leased Vehicle(s). A lease/use agreement for the vehicle.
Companv Vehicle. Written permission from employer authorizing that employee to drive
the vehicle that is to receive a sticker. The vehicle can be employer-owned or otherwise
provided to the employee by the employer, such as vehicle leased by the employer.
2. RESIDENT WHO OWNS AD VALOREM TAXED RESIDENTIAL REAT,
PROPERTY. This alternative is available for a person v-ho is not a permanent resident
of Collier County, or who is a permanent resident but does not choose to submit the proof
required to show his/her domicile in Collier County. County staff must see a Driver's
License (valid in Florida but issued anywhere), and either a deed or a then current real
property tax bill or other written proof showing the following: Fee title ownership
showing complete year-round title to Collier County ad valorem taxed real property in
residential use owned by the person shown on the Driver's License, plus one of the
following issued to the person shown on the Driver's License:
Vehicle Owned by the Applicant. Current Registration (for anywhere) for each vehicle
that is to receive a parking sticker.
Leased Vehicle. A lease/use agreement for each leased vehicle that is to receive a sticker.
Company Vehicle. Written permission from the vehicle operator's employer authorizing
that ernployee to drive the vehicle that is to receive a sticker. The vehicle can be
employer-owq~ed or otherwise provided to that employee by the employer, such as a
vehicle leased by the employer.
The above-listed proofs of residency and/or right to drive the vehicle are not all-inclusive.
Staff may accept other proofs that in the specific case show the required Collier County
domicile or residency and/or that person's right to drive each vehicle that is to receive a
sticker. Each co-owner of that specific residential real property is an "owner" of that real
property. Ownership of real property that does not grant to the free parking permittee
rights to occupy same on a year-around basis, such as part-time "time share" ownership,
! 5 /1/999
EXECUTIVE SUMMARY
APPROVAL OF A RESOLUTION AND LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
,----~LORIDA GULF COAST UNIVERSITY FOR RADIO ANTENNA SPACE.
OBJECTIVE: Approval of a Resolution and Lease Agreement between Collier County ("County") and Florida Gulf
Coast University for radio antenna space.
CONSIDERATION: Florida Gulf Coast University CFGCU"), a state agency, has requested use of space atop
Building "L" at the Collier County Government Complex in order to install a directional FM receiver antenna and a grid
antenna for microwave relay transmission. This equipment is necessary for FGCU's radio station WGCU.
The term of the Lease shall be five (5) years commencing on the date in which the attached Lease Agreement is executed
by the County. The Lease provides for five (5) additional five (5) year terms provided FGCU is not in default of any
terms contained within the Lease. Both the County and FGCU have the right to terminate the Lease by providing the
other party with thirty (30) day written notice as outlined in the Lease. There shall be no rent charged. FGCU is
responsible for providing the County with all necessary insurance policies as requested by the County's Risk
Management Department. FGCU shall also be required to obtain approval by the County for any improvements,
additions or alterations to the Demised Premises. At the termination of the Lease term, or any renewals thereof, FGCU
shall remove any and all improvements made to or upon the Demised Premises. The Lease contains a condition that
FGCU shall not interfere with the operations of the County's radio equipment or any future tenants at the Demised
Premises.
The attached Resolution reflects the terms outlined in Florida Statute 125.38 whereby, if the Board of County
Commission is satisfied with the intended use by the petitioned not-for-profit corporation, no advertisement of the lease
~----shall be required. The Statute requires that the Resolution shall state the lease term, rent, the Board's acknowledgment of
.e intended use by the petitioner, and that the Demised Premises is not needed for County purposes. The submitted
Resolution contains these requirements.
The attached Lease Agreement was reviewed by the Office of the County Attorney, the Risk Management Department,
Facilities Management Department and the Radio Communications Manager.
FISCAL IMPACT: None
GROWTH MANAGEMENT: None
RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Florida Gulf
Coast University, approve the attached resolution and authorize the Chairwoman to execute same.
\
PREPARED BY: ~; ,. 7( / , :.: .//~' DATE: ~-.
9Aichael H. Dowling, Real Property Specialist, Real Property Management Department
DATE:
JoFi~ Daly, Ra~o Communications Manager, Information Technology Department
REVIEWED BY: /,~//~,~/'~'~'~Y,
S~rector, F~ciliti~s Mtanagement Department
DAT ~ ,
Leo E. O , Jr., Administrator, Support Services Division
MAY 2 5 1999
Po. / _ ,
1 RESOLUTION 99-
2
3
4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
5 COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
6 BETWEEN COLLIER COUNTY AND FLORIDA GULF COAST
7 UNIVERSITY FOR THE UTILIZATION OF ROOFTOP SPACE ON
8 BUILDING "L" AT THE COLLIER COUNTY GOVERNMENT CENTER.
9
10
11 WHEREAS, Florida Gulf Coast University, a State University CFGCU"), desires to lease
12 a portion of tooflop space on Building "L" at the Collier County Government Center which is
13 owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in
14 order to install and operate radio transmission equipment.
15
16 WHEREAS, the Lease Agreement provides for one (1) initial term of five (5) years with
17 five (5), five (5) year renewals. There shall be no charge for rent or utilities.
18
19 WHEREAS, the Board of County Commissioners, in accordance with Section 125.38,
2o Florida Statutes, is satisfied that this property is needed for WGCU's use and is not needed for
21 County purposes.
22
23 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
25
26 1. The Board of County Commissioners does approve the attached Lease Agreement
27 between Collier County and Florida Gulf Coast University.
28
29 2. The Chairwoman of the Board of County Commissioners of Collier County, Florida,
3o is hereby authorized to execute the attached Lease Agreement.
~" 31
32 This Resolution adopted this __ day of ., 1999
33 after motion, second and majority vote.
34
35
36 ATTEST:
37 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
38 COLLIER COUNTY, FLORIDA
39
40 BY: BY:
41 , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
42
43
44
45
46 Approved as to form
an a SU leTBey'
48
49
v
50 Heidi F. Ashton
51 Assistant County Attorney
MAY , . 1999
Lease #
LEASE AGREEMENT ,
THIS LEASE AGREEMENT entered into this __ day of ., 1999,
between FLORIDA GULF COAST UNIVERSITY, a State University, whose mailing address is
10501 FGCU Boulevard, Fort Myers, Florida 33965-6565, hereina~er referred to as "LESSEE",
and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereina~er referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration,
the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a location atop
Building "L" at the Collier County Govemment Complex to accommodate one (1) FM receiver and :
one (1) microwave transmitter operating at 950 MHz with a provision for LESSEE'S band-pass
filter, hereina~er referred to as the "Demised Premises", situated in the County of Collier and the :
State of Florida, for the sole purpose of installing and operating equipment for WGCU and WMKO
radio stations. LESSEE shall be granted the right to install a directional FM receiver antenna and a . .
grid antenna for the microwave relay to the WMKO transmitter. The antennas shall be mounted on
standoffs on the side of the penthouse atop Building "L".
The final location and mounting technique for the equipment shall be approved by the Collier "
Count), Facilities Management Department and the Radio Communications Manager.
ARTICLE 2. Term of Lease
~.,
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing
on the date in which this Lease is accepted by the LESSOR. LESSEE is granted the option,
provided it is not in default of any of the terms of this lease, to renew same for five (5) additional
terms of five (5) years under the same terms and conditions, as provided herein, by giving written
notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the
expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall
be effective upon placement of the notice in an official depository of the United States Post Office,
Registered or Certified Mail, Postage Prepaid.
Either LESSEE or LESSOR will be allowed to terminate this Lease by providing the other
party with thirty (30) day advance written hotice. Said notice shall be effective upon placement of ."
the notice in an official depository of the United States Post Office, Registered or Certified Mail,
Postage Prepaid. LESSEE shall be granted an additional sixty (60) days from the aforementioned
thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for
operations conducted at the Demised Premises.
ARTICLE 3. Rent · ·
LESSOR agrees to Lease the Demised Premises to the LESSEE without cost to the LESSEE.
ARTICLE 4. Other Expenses and Charges
LESSOR shall pay all utility charges pertaining to the Demised Premises including electricity
and any other utilities used by LESSEE at the Demised Premises.
MAY 2 5 1999
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,
changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing
the nature and extent of the desired alteration, improvement, change, or addition, along with the
contemplated starting and completion time for such project. LESSOR or its designee will then have
sixty (60) days within which to approve or deny in writing said request for changes, improvements,
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
days, there has been no response from LESSOR or its designee to said proposals or plans, then such
silence shall be deemed as a denial to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable
laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of
Florida, County of Collier, and any and all governmental agencies.
All alterations, improvements and additions made to the Demised Premises shall be deemed
the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or , ·
within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, '
alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by
LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in
default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or
any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of ' '
any public authority.
ARTICLE 6. Access to Demised Premises
LESSEE, its duly authorized agents, representatives and employees, shall have the right to
enter into and upon the Demised Premises during normal business hours, Monday through Friday,
by requesting prior approval from the Collier County Radio Communications Manager for the
purpose of examining or repairing LESSEE'S equipment at the Demised Premises. By prior
arrangement, during non-business hours during times of emergency repair or maintenance, LESSEE
shall contact the Collier County Radio Communications Manager for access to the Demised
Premises.
ARTICLE 7. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of
the Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to
keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent
from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to
be a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 8. Indenmity
LESSEE assumes any and all risks of personal injury and properly damage attributable to the
negligent acts or omissions of the LESSEE and its officers, employees, servants and agents while
acting within the scope of their employment by the LESSEE. The LESSEE, as a state agency,
warrants and represents that it is self-funded for liability insurance, both public and property, with
such protection being applicable to the LESSEE'S officers, employees, servants and agents while
acting within the scope of their employment by the LESSEE. The LESSEE and LESSOR agree that
nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy
,---'- or defense available to such party under the laws of the State of Florida; (2) the consent of the State . .
of Florida or its agents and agencies to be sued; or (3) LESSEE and LESSOR further agree that
MAY 2 5 1999
nothing contained herein shall be construed as a waiver of sovereign immunity of the State of
Florida beyond the waiver provided in Section 768.28, Florida Statute (1985).
The above named State of Florida Agency is provided the following coverage through the Florida
Casualty Insurance Risk Management Trust Fund. Coverage and limits are those specified in
Chapter 284.31 and 768.28, Florida Statutes.
The LESSEE will only be liable for its portion of the location atop Building "L".
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance
policy(ies), approved by the Collier County Risk Management Department, for not less than One
Hundred Thousand Dollars and No Cents ($100,000.00), per claim, and Two Hundred Thousand
Dollars and No Cents ($200,000.00) per occurrence during the term of this Agreement. In addition,
LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees
meeting Statutory. Limits in compliance with the applicable state and federal laws.
Evidence of such insurance shall be provided to the Collier County Risk Management
Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for
approval prior to the commencement of this Lease Agreement; and shall include a provision
requiring ten (10) days prior written notice to Collier County c/o County Risk Management
Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the
right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such
additional insurance.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. if
said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so
advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such
notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay
all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by
LESSEE within ten (I0) days of receipt of written notice of costs incurred by LESSOR.
The LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by
LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons.
The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all
applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and
refuse of any nature whatsoever which might accumulate and arise from the operations of the
LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by
the LESSOR.
ARTICLE 11.
Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of
this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty
(30) days written notice to LESSEE, unless the default be cured within the notice period (or such
additional time as is reasonably required to correct such default). However, the occurrence of any of
the following events shall constitute a default by LESSEE, and this Lease may be immediately
terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished
to LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR,
in addition to any other rights and remedies it may have, shall have the immediate right to re-enter
and remove all persons and property from the Demised Premises. Such property may be removed
and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all
without service of notice or resort to legal process and without being deemed guilty of trespass, or
being liable for any loss or damage which may be occasioned thereby.
The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30)
days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not
removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the performance of any of its
obligations hereunder unless and until LESSOR shall have failed to perform such obligations within
thirty (30) days (or such additional time as is reasonably required to correct such default) after
notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any
such obligations.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Florida Gulf Coast University
c/o Real Property Mgmt. Dept. 10501 FGCU Boulevard
3301 Tamiami Trail East Fort Myers, Florida 33965-6565
Administration Building
Naples, Florida 34112 Attention: University President
cc: Office of the County Attorney cc: WGCU Station Manager
Radio Conm~unications Manager, IT Dept.
ARTICLE 14. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of
this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and
any improvements not removed upon expiration of this Lease, or its earlier termination as herein
provided, broom clean and in as good condition and repair as the same shall be at the
commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the
continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided
by law enforcement agencies for the above-referenced Demised Premises is limited to that provided
to any other business or agency situated in Collier County, and acknowledges that any special
security measures deemed necessary for additional protection of the Demised Premises shall be the
sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
MAY 2 5 1999
Pgo ~
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Denfised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless
LESSOR, from and against all costs (including attomeys fees) asserted against, imposed on or
incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or protection of the environment.
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations,
operation and maintenance will:
A. Not irreparably damage the LESSOR'S building and/or accessories thereto.
B. Not interfere with the operation of LESSOR'S radio equipment or other current or future tenants
on said tower. In the event there is interference by LESSEE, LESSEE will promptly take all
steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is
unable to eliminate such interference caused by it within a reasonable period of time, LESSEE
agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate.
C. Not interfere with the maintenance of LESSOR'S building.
D. Comply with all applicable rules and regulations of the Federal Communications Commission
and electrical codes of the City/County and/or State concemed.
ARTICLE 18. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Unit.
ARIICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest
of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from
attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part
of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,
Florida Statutes.
' :' MAY 2 5 1999
ARllCLE 20. tff_e.c_lize_D.l~
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. v~_o_zelllj/lg. Li~
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
AS TO LESSEE: FLORIDA GULF COAST UNIVERSITY
BY:
DR. R esident
WITIQ~S (signature) '
(print name)
~/ITNESS (signature)
(print name) /
Approved as to form and
Heidi F. Ashton
Assistant County Attorney
MAY 2 1999
EXECUTIVE SUMMARY
AUTHORIZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS
FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND
DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
OBJECTIVE: Authorization to execute satisfaction of lien documents filed against real
property for abatement of nuisance and direct the Clerk of Courts to record same in the public
records of Collier County, Florida.
CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation
for nuisance of abatement on the real property described as follows:
SEE EXHIBIT "A"
Said Liens were recorded in Official Record Book of the Public Records of Collier County,
Florida. The owners of said properties have paid to the Board of County Commissioners sums
representing full payment of principal and interest due under said Liens. Collier County has
verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and
order the Clerk of Courts to record same in the public Records of Collier County, Florida.
FISCAL IMPACT: Recording the satisfaction of lien is approximately $36.00 and will be
charged to MSTD General Fund - Code Enforcement Admin.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman
to execute the attached Satisfaction of Lien documents filed against real property for abatement
of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier
County, Florida.
D BY:.~K_~ Date: ~\ \ \\ C~c~
SUBMITTE .
Pare ~ '~, Revenue ~upervisor ' ~ '
Date:
'TereSa A. Riesen, Revenue Manager
REVIEWED BY:
APPROVED BY: g ~_ ". C6:t,~-/,, r~ c' Date:
Leo Ochs, Administrator
Support Services
HAY 2 5 1999
Pg. /
EXHIBIT "A"
1. Marc D. Jacobson TR., Folio #35997640001, Lot 21, Block 97, Unit 3, Golden Gate Estates
2. Marc D. Jacobson TR., Folio #35997640001, Lot 21, Block 97, Unit 3, Golden Gate Estates
3. Antonio Cunha & Fernanda Cunha, Folio #57382520002, Lot 7, Block 248 of Marco Beach Unit Six
4. Michael J. Fugle, Folio #57929960009, Lot 7, Block 360, Marco Beach Unit Eleven
5. Michael J. Fugle, Folio #57929960009, Lot 7, Block 360, Marco Beach Unit Eleven
6. Douglas M. Kelly & Deborah L. Kelly, Folio #57209320000, Lot 10, Block 169, Marco Beach Unit
Five
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN
FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
OBJECTIVE: A Resolution approving the satisfaction of lien for certain residential account wherein the County
has received payment and lien is satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special
Assessments.
CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of
the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written
notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in
Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a
lien on certain residential properties for the 1991 Solid Waste Collection and Disposal Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution
of the Board of County Commissioners.
The attached resolution list the 1 account that has paid in full for the 1991 Solid Waste Collection and Disposal
Services Special Assessment Liens.
FISCAL IMPACT: Recording the satisfaction of lien and resolution is approximately $12.00 and will be charged to
Department of Revenue - Special Assessments Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the
attached Resolution approving the I Satisfaction of Lien for the 1991 Solid Waste Collection and Disposal Services
Special Assessments and direct the Clerk of Courts to record same in the Publice Records of Collier County, Florida.
Path Cal ' ~ Revenue Supervisor
REVIEWED BY: . . ' Date: /~
Teresa A. Riesen, Revenue Manager
Department of Revenue
Jol~h A. Yonkosky,~irector
Depa~mem of ReVenue
Leo Oc s, Jr., Administrato
Suppo~ Se~ices Division ~.~
MAY
Pg'~
2 RESOLUTION NO. 99 -
3
4
.... 5 A RESOLUTION APPROVING SATISFACTION OF LIEN
6 FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL
? THE 1991 SOLID WASTE COLLECTION AND DISPOSAL
8 SERVICES SPECIAL ASSESSMENTS
l0 WHEREAS. pursuant to Collier County Ordinance No. 90-30, as amended, the Board
ll of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing
12 the recording of notices of liens for the delinquent solid waste collection and disposal
~3 services special assessments for 1991; and
14 WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official
15 Record Book 1793, Pages 459 through 598 of the Official Records of Collier County,
16 Florida, which placed a lien on certain properties for the delinquent solid waste collection
17 and disposal services special assessments for 1991; and
18 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
19 approve by Resolution and record in the Official Records a Satisfaction of Lien on all
20 accounts that have been paid in full.
21' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
23 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
24 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the
25 following account numbered below, subsequent to the adoption of Resolution No. 93-29,
26 whereupon a lien had been recorded on real property pertaining to the account identified
27 herein. The Satisfaction of Lien attached hereto referencing the account identified herein
28 are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the
29 Board of County Commissioners, and the Clerk is directed to record this Resolution and
30 this Satisfaction of Lien individually in the official records of Collier County:
31
32 Account No. 091006
33
34
35 This Resolution adopted this __ day of ,1999 after motion,
36 second and majority vote.
37
38 ATTEST: BOARD OF COUNTY COMMISSIONERS
39 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
40
4~ BY:
42 PAMELA S. MAC'KIE, CHAIRWOMAN
43
44 Approved as to form and
45 legal suffici ncy:
48
49
HAY 2 5 1999
Pg.
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN
FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
OBJECTIVE: A Resolution approving the satisfaction of liens for certain residential accounts where the County
has received payment and liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special
Assessments.
CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of
the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written
notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in
Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a
lien on certain residential properties for the 1992 Solid Waste Collection and Disposal Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution
of the Board of County Commissioners.
The attached resolution lists the 3 accounts that have paid in full for the 1992 Solid Waste Collection and Disposal
Services Special Assessment Liens.
FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $24.00 and will be charged
to Department of Revenue ~ Special Assessments Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the
attached Resolution approving the 3 Satisfaction of Liens for the 1992 Solid Waste Collection and Disposal Services
Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida.
Pam CaLlis, Revenue Supervisor
Depa~rt~nent of Revenue
REVIEWED BY: / ~'z~.~.~/ - Date:
Teresa A. Riesen, Revenue Manager / '
Department of Revenue
REVIEWED BY: '~,'~,--,._(~'~)\,-' ,' Date:
J~hr~IA. Yonkosky, Di~tor
Depa[tment of Revenue
Leo Ochs, Jr., Administrator
Support Services Division
MAY 2 5 1999
RESOLUTION NO, 99 -
5 A RESOLUTION APPROVING SATISFACTION OF LIEN
6 FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE
? 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
8 SPECIAL ASSESSMENT
l0 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
II Board of County Commissioners on September 19, 1994 adopted Resolution NO.
12 94-668 authorizing the recording of notices of liens for the delinquent solid waste
13 collection and disposal services special assessments for 1992; and
~4 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
15 to approve by Resolution and record in the Official Records a Satisfaction of Lien on
~6 all accounts that have been paid in full.
l? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
~8 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
19 amended, the Board recognizes full payment and receipt of the 1992 Service Year
20 Solid Waste Collection and Disposal Special Assessment for the following account
2~ numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon
22 a lien had been recorded on real ProPe~y pe~aining to the account identified
23 herein. The Satisfaction of Lien attached hereto referencing the account identified
24 herein is hereby approved and the Chai~oman is hereby authorized to sign on
25 behalf of the Board of County Commissioners, and the Clerk is directed to record
26 this Resolution and this Satisfaction of Lien individually in the official records of
27 Collier County:
28
29 Account NO. 22907
30 Account No. 46158
3~ Account No. 132253
32
33 This Resolution adopted this __ day of ,1999
34 after motion, second and majority vote.
35
36 A~EST: BOARD OF COUNTY COMMISSIONERS
37 DWIGHT E. BROCK, CLERK COLLIER COUNt, FLORIDA
38
40 BY:
41 PAME~ S. MAC'KIE, CHAIRWOMAN
42
43
~ Approved as to form and
45 ' ' :
46 ~~ /
47
NAY 2 5 1999
EXECUTIVE SUMMARY
A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN
FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
OBJECTIVE: A Resolution approving the satisfaction of liens for certain residential accounts wherein the County
has received payment and liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special
Assessments.
CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of
the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written
notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in
Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a
lien on certain residential properties for the 1993 Solid Waste Collection and Disposal Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution
of the Board of County Commissioners.
The attached resolution list the 4 accounts that have paid in full for the 1993 Solid Waste Collection and Disposal
Services Special Assessment Liens.
~' FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $30.00 and will be charged
to Department of Revenue - Special Assessments Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the
attached Resolution approving the 4 Satisfaction of Liens for the 1993 Solid Waste Collection and Disposal Services
Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida.
Pam C)His, Revenue S~'pervisor
De//e~mento~fRevenue
REVIEWED BY:/'/~'~ ~ ~/~/~/ Date:
Teresa A. Riesen, Revenue Manager
Department of Revenue
Joining. Yonkos~yT,~girect0r~~''~
Dep~r~nent of Revenue ,, /~ ~' /
APPROVED BY: ,~ ~ · C__-(~.j~'
Eeo Ochs,~Jr., Administrator
Suppo~ Se~ices Division ..
HAY 2 5 1999
] RESOLUTION NO. 99-~
2
3
4
....... 5 A RESOLUTION APPROVING SATISFACTION OF LIENS
6 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
? THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
8 SERVICES SPECIAL ASSESSMENTS
9
l0
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the
recording of notices of liens for the delinquent solid waste collection and disposal services special
[4 assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
]? have been paid in full.
i8 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
19 OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
20 amended. the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste
21 Collection and Disposal Special Assessment for the following accounts numbered below,
22 subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real
23 property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
24 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
25 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
26 record this Resolution and these Satisfactions of Lien individually in the official records of Collier
27 County:
28
29 Account No. 4349
30 Account No. 10919
3t Account No. 26000
32 Account No. 4187
33
34
35
36 This Resolution adopted this __ day of , 1999 after motion, second and
37 majority vote.
38
39 ATTEST: BOARD OF COUNTY COMMISSIONERS
40 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
41
42
43 BY:
44 PAMELA S, MAC'KIE, CHAIRWOMAN
45
46 Approved as to form and
47 " :
48 ~% ..~
49
50
NAY 2 5 1999
EXECUTIVE SUMMARY
""" A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL
ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN
FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL
ASSESSMENTS
OBJECTIVE: A resolution approving the satisfaction of liens for certain residential accounts wherein the County
has received payment and liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special
Assessments.
CONSIDERATION: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of
the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written
notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in
Official Record Book 1793, pages 459 through 598 of the Official Records of Collier County, Florida, which placed a
lien on certain residential properties for the 1994 Solid Waste Collection and Disposal Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution
of the Board of County Commissioners.
The attached resolution list the 7 accounts that have paid in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessment Liens.
FISCAL IMPACT: Recording the satisfactions of liens and resolution is approximately $ 48.00 and will be charged
to Department of Revenue - Special Assessments Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Chairwoman to execute the
attached Resolution approving the 7 Satisfaction of Liens for the 1994 Solid Waste Collection and Disposal Services
Special Assessments and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida.
Pam Cal/ljs, Revenue Supervisor
Depa~ment of R~evenue
Te~'a A. Riesen, Revenue Manager Date:
Department of Revenue
REVIEWED BY: ~- j~, -\ Date:
Johk~,.. Yonkosky, D~re~tor'/'
Depariment of g~e
Leo Ochs, Jr., Administrator
Support Services Division N 1. _
MAY 2 5 1999
Pg._ /
~"" t RESOLUTION NO. 99-
3
4 A RESOLUTION APPROVING SATISFACTION OF LIENS
5 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
6 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
? SPECIAL ASSESSMENTS,
8
9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of
l0 County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the
11 recording of notices of liens for the delinquent solid waste collection and disposal services special
12 assessments for 1994; and
]3 WHEREAS. Collier County Ordinance No. 90-30, as amended, requires the Board to
14 approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that
15 have been paid in full.
t6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
37 OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as
18 amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste
]9 Collection and Disposal Special Assessment for the following accounts numbered below,
/__, 20 subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real
2! property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto
22 referencing the accounts identified herein are hereby approved and the Chairwoman is hereby
23 authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to
24 record this Resolution and these Satisfactions of Lien individually in the official records of Collier
25 County:
26
27 Account No. 3418
28 Account No. 9470
29 Account No. 13356
30 Account No. 19826
31 Account No. 24565
32 Account No. 27038
33 Account No. 5788
34
35
36 This Resolution adopted this day of , 1999 after motion, second and
37 majority vote.
38
39
40 ArrEST: BOARD OF COUNTY COMMISSIONERS
4! DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
42
43
44
45 PAMELA S. MAC'KIE, CHAIRWOMAN
,,/~., 46 Approved as to form and
47 legal sufficiency:
50
5, HAY 2 5 1999
Pg..
EXECUTIVE SUMMARY
Award of RFP #99-2907, Property and Casualty Insurance Brokerage Services to
Insurance and Risk Management Services, Inc.
OBJECTIVE: To seek Board approval to award RFP#99-2907, Property and Casualty
Brokerage Services to Insurance and Risk Management Services, Inc.
CONSIDERATION: Since October 1, 1992 the Board of Commissioners has utilized a
contracted fee arrangement for property and casualty insurance brokerage services. This
method contrasts with a traditional commission arrangement in that insurance coverage
placement and other related services are provided on a flat fee basis and insurance
coverage is written on a net of commission basis. The result is a more comprehensive
scope of services required of the broker and a lower program cost through
commission/fee savings,
The scope of services for this program include the marketing, analysis, and
recommendation of insurance programs for the County' s property, liability and workers'
compensation programs as well as the ancillary services associated with those programs
including third party administration vendor selection.
The current contract with Insurance and Risk Management Services, Inc. is set to expire
on September 30, 1999. In February 1999, the Purchasing Department released an RFP
for brokerage services to assure continuation of services after the current contract
expiration.
Notices were sent to seventeen firms and ten firms requested proposal packages.
Proposals were received on March 12, 1999 with six firms responding. The Selection
Committee met on March 29, 1999 and scored the proposals. At that time, the number of
rinns was shortened to four and interviews were scheduled for April 16, 1999. The four
remaining firms were Insurance and Risk Management Services, Willis Corroon, Arthur
Gallagher and Co., and Marsh, Inc. A detailed set of interview questions was prepared
and interviews were completed. The committee met again on April 22, 1999 and
finalized the scoring of firms. Final scores were as follows with the lowest score being
the highest ranked firm.
Insurance and Risk Management Services 4 points
Arthur J Gallagher 10 points
Willis Corroon 10 points
Marsh, Inc. 15 points
While each of the firms interviewed possessed outstanding capabilities, the selection
committee is recommending Insurance and Risk Management Services for the follOWing
r,,1p A? 2 ? 1999
1) The principals of IRMS demonstrated proven expertise and experience in the
placement of public entity insurance programs.
2) IRMS can access the County's current program through Northfield Insurance
Company on a direct basis resulting in lower program cost.
3) IRMS has an established direct relationship with the County's current property
insurance carrier, Crum and Forster, which presents competitive advantages to the
County in the placement of its property insurance program. The property insurance
program is an important consideration.
4) IRMS has access to almost all of the insurance markets that write public entity
insurance with the exception of the Arthur J. Gallagher market.
5) The committee was concemed about the ability of Arthur Gallagher, Willis Corroon,
and Marsh, Inc. to access and service the County's current insurance program through
Northland Insurance Company. After a discussion with Michael Vaughn-Fowler, the
lead undenvfiter of the County's program, it was confirmed that access would not be
granted to Arthur Gallagher but that access would be given to Willis Corroon and to
Marsh, Inc. although on a guarded basis. The committee could not recommend a
broker who could not service the current program.
6) The fee proposed by IRMS over the thirty-nine month agreement was competitive
with the fees of the other firms. The fee proposed by each firm was as follows:
IRMS $245,000
---- Arthur Gallagher $243,750
Willis Corroon $346,800
Marsh, Inc. $327,751
Under a traditional commission arrangement, the County' s current insurance program
would pay commissions to the broker of $214,600 annually. Under the current contract,
fees are $110,000 per year. Effective October 1, 1999, fees under the proposed contract
will be as follows:
Term Fee
October 1, 1999 to December 31, 1999- $15,000
January 1, 2000 to December 31, 2000- $90,000
January 1, 2001 to December 31, 2001- $70,000
January 1, 2002 to December 31, 2002- $70,000
Total $245,000
This fee for service arrangement when compared to a traditional commission
arrangement results in program savings of $452,450 over the life of the proposed
contract. In other words, if the County had continued with a traditional commission
arrangement, it would pay $452,450 more for its property, liability and worker's
compensation insurance program over the life of the proposed contract. In addition,
when compared to the current fee arrangement, the savings over the term of the proposed
contract will be $112,500.
NAY 2 5 1999
.... Staff is recommending that Aircratl insurance and Airport liability insurance be separated
from this award and that the current broker, Nation Air insurance Agency be utilized
directly for the placement of this coverage. For several years the County has been
utilizing Nation Air on an indirect basis through IRMS. However, due to the specialized
nature of this market it is recommended that the County utilize Nation Air Insurance
Agency directly. This arrangement will not add any additional cost to the program.
FISCAL IMPACT: Funds are budgeted for this program. The total cost of this
agreement over the term of the contract will be $245,000. Funds are from the
Property/Casualty fund.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: It is recommended that the Board approve the award of RFP#
99-2907 to Insurance and Risk Management Services, Inc. for Property and Casualty
Insurance Brokerage Services with the exception of Aircrat~ insurance and Airport
Liability insurance which will be managed under an agent of record letter through Nation
Air Insurance Agency, Inc.
Director, Risk Management Department
~,~-.
REVIEWED BY: '" ' ~'/12-(qC1
S Ct "~//f Date:
Purchasing and General Services Department
eo E. Ocher2 Date: q
B L ~\ Jr., Support Services Administrator
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE
MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF
OPERATING EXPENSES.
OBJECTIVE: To have the Board approve the related budget amendment
appropriating those revenues received for reimbursement of operating expenses incurred
for building maintenance and repair items known as special services.
CONSIDERATION: The Department of Facilities Management is called upon to
provide services that are not exclusively for repair and maintenance. This work is titled
special service and expenses are passed through to the user departments. Revenues are
received from various "consumer" departments as payment for materials used and
services performed. When actual request for services exceed those anticipated at the time
of budget preparation, additional budget authorization is needed to recognize revenue for
payment of incurred expenses· These funds are already budgeted in the user departments
and are merely being transferred to the Building Maintenance Section Cost Center.
FISCAL IMPACT: Revenues of $34,000 are being appropriated from reimbursement
for Building Maintenance to Building Maintenance Operational Expenses· Expenses are
budgeted in the appropriate user departments.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the
Daniel R./Rodiidez, i~it~s.,~Gger
Department of Facilities Management
Skip Cat(np, CFM, Dir4ctor ' /
Department of Facilities M~agement
~PROVED BY: ,~, 6 Date: ,~ / ¢ ~/
~ Leo Ej Ochs, Jr., Admi~.trator
Support Se~ices Division _
HAY 2 5 1999
EXECUTIVE SUMMARY
TO AUTHORIZE THE BOARD CHAIRWOMAN TO SIGN A MEMORANDUM OF
UNDERSTANDING FOR A SUMMER YOUTH PROGRAM.
OBJECTIVE: To authorize the Board Chairwoman to sign a Memorandum of
Understanding with the Workforce Council of Southwest Florida, Inc. for a Summer
Youth Program.
CONSIDERATIONS: The Workforce Council of Southwest Florida, Inc. is coordinating
a Summer Youth Program to employ participants between the ages of 14 and 21 from
qualifying low income families. This program will provide individuals and groups of
individuals for various work activities from mid-June through Mid-August, 1999. Wages
are paid for by federal grants. There is no cost to the County.
The County Administrator's Agency is planning to participate in this program. In prior
years, approximately ten (10) departments have submitted requests for approximately
fifty (50) participants who work in groundskeeping, building maintenance, litter control,
vehicle maintenance, data entry, library support, etc. This program provides an
opportunity for program participants to gain valuable employment experience while
contributing to the community at no cost to the County.
In order to participate in this program, a Memorandum of Understanding is required
between the Board of County Commissioners and the Workforce Council of Southwest
Florida, Inc. which specifies the responsibilities of both parties for the Summer Youth
Program. The County Attorney's Office has reviewed and approved the attached
Memorandum of Understanding as to form and legal sufficiency.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners authorize the Board
Chairwoman to sign the Memorandum of Understanding with Workforce Council of
Southwest Florida, Inc. for a Summer Youth Program.
PREPARED BY:CL/vZ&TD~,///_,~ DATE: ~"'/3-'~7
16 i er'Jdfdw ) Human Resources Director
L s,' DATE: ) ' X { '~ ~X
Jr7, Suppo~ Sewices Administrator -: ,
· MEMORAndUM OF UNDERSTANDING ,
~ BETWEEN ,
":-':'~:: THE JTPA PROGRAM ADMINISTRATOR
AND
THE PUBLIC OR NON-PROFIT EMPLOYER
This Memorandum of Understanding is entered into this __ day of 1999, between
hereafter referred to as the Agency and/or Worksite, and
the Workforce Council of Southwest Florida. Inc. hereafter referred to as the Program Administrator
and Employer. It is understood by all paxties that this Memorandum of Understanding relates to
Employment, Training, and Services to be provided relating to the Summer Youth Employment and
Training Program which is authorized under the Job Training Partnership Act of 1983.
It is understood that the Employer is either a governmental agency or a private non-profit
organization, free of discrimination because of race, sex, age, creed, color, religion, or political
affiliation, and that participants in the program vdll not be employed on the construction, operation,
or maintenance of any facility as is used or to be used for sectarian insauction, as a place for
religious worship, or for partisan or political purposes.
Participants will not be used for the advantage of any private individual or private-for-profit agency,
but will be provided useful work experience which will be consistent with each participant's "'
-. capabilities and interests and which will assist these youth to. obtain future unsubsidized
..LL: employment. It is agreed that such work experience will be conducted in a safe and sanitary working
· - environment.
In addition, it is understood that unexcused absences for JTPA participants will be handled pursuant
to policies and procedures of the Program Administrator.
The Worksite agrees:
1. To provide the Program Administrator one complete "Statement of Work" for each
Worksite of the Agency utilizing Summer Youith participants. All Supervisors must
be listed. The Statement(s) of work are 'subject to monitoring review.
2. To provide meaningful and productive work for a maximum of participants on
a scheduled work plan with the understanding that the Supervisor/Participant ratio
will be at least one (1) supervisor to every ten (10) participants who are enrolled in
the Summer Y.outh Employment and Training Program (SYETP),
i
999
Memorandum of Understanding
""::7:"': 3. TO 'furnish the equipment, tools, mateddals, and supplies that ale necessary for the
work being performed by the Summer Youth participant(s).
· - 4. To cooperate fully with the Monitoring Unit of the Program Administrator's office,
'by maintaining current and accurate time and attendance records as well as a list of
cun'ent Worksite activities, and by allowing access to same at the request of fie
Program Administrator's representative for the purposes Of monitoring of the
Worksite, counseling of the participants, and coordinating other work activities.
5. To maintain accurate time and attendance records on each participant reflecting the
time actually worked by each participant. Insure that the participants are not allowed
to handle the time and attendance records. These records must be filled out in ink and
signed in ink at the end of each pay period by the participant and the supervisor as
certification to their accuracy. The panic/pant cannot sign for the supervisor nor the
supervisor for fie participant. Time and attendance records will be picked up every
other Friday by a staff member of the Program Administrator.
6. To provide reasonable regulations for the attendance and continued good work habits
of the p_articipan. ts. Develop adequate policies, procedures, and controls to ensure that
no participant receives any ~pe of remuneration for unexcused absences, unworked
'~. hours, or participatidfi in recreational or educational activities. Participants can only
' / be paid for hours worked. '
7. To assure that sufficient work is available to occupy each participant.
8. To develop adequate coordination with the Program Administrator to allow sufficient
opportunities to implement appropriate contingency activities in the event of
inclement weather.
9. To provide a job description of each position that will be filled by Summer Youth
participants.
10. To provide an experienced Supervisor(s) to the participants without compensation
from the program.
IvlPAY1999
g,
..,.~ · Memorandum of Understanding .
· ' I 1. To contract the Program Administrator prior to the release of a l~articipant from the
Worksite or immediately after notice of termination by a participant so that this
agreement may be modified.
12. 'Insure that supervisors understand that on-the-job injuries to participants MUST be
reported to the Program Administrator's office IMMEDIATELY.
13. To assure that no participant' will be allowed to work more than 40 hours per week.
The AgencyAVorksite will be liable for payment of the excess hours. Participants
aged 14 and 15 must not work more than eight (8) hours per day.
14. To assure that participants aged 14-17 MUST have a thirty (30) minute break after
working four (4) consecutive hours. Failure to comply with the Child Labor Laws
could result in frees being levied.
15. To assure, pursuant to the Fair Labor Standards Act, that no participant under 18
years of age will be employed in any occupation found by the Secretary of the United
States Department of Labor to be particularly hazardous for individuals between 16
and 18 years of.age (Subpart E of Part 570 of Title 29).
: 16. To provide each Sup'~rvisor whose name appears on the "statement of Work" a copy
_I - of the complete Memorandum of Understanding. Sul~ervisors will be expected to
understand the contents of this agreement and are subject to being monitored.
17. To adhere to the rules and regulations governing the Summer Youth Employment and
Training Program.
The Program Administrator agrees to provide remuneration to the participants by
check every other Friday. The checks will be distributed by the Program
Administrator's staff. Participants MUST sign for their check on receipt.
This Memorandum of Understanding shall be effective from the date it is signed until the
termination of the Summer Program or unless terminated by either party provided the canceling
party gives at least five (5) days advance notice.
PIp .Y 2 1999
9-24-1995 2=36AM FROM P. 2
Memorandum of Understanding
SIGNATIZREPAGE
Collier County Board of Commissioners Workforc~ Council of Southwest Florida, Idg. I
(Type or P~n0 (Type or Print)
Chair~anapPamela S. Mae'Kie Representative
(Type or Print) (Ty e of Print) ~
Charwoman, Pamela S. Mae'Kie
Title Title
Address Address 1 I /
qt-2l!-0553
Telephone Num bet Telephone Numb, ,'r
-.2..D,..:~ Workrome Council of Southwest Florid':~, Inc.
~ ............ - ...... JTPA Program Administrator
Refnfeientative/Title
TO APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AS IT RELATES TO THE SOUTHWEST
FLORIDA JOB TRAINING CONSORTIUM.
OBJECTIVE: That the Boards of County Commissioners approve a Workforce
Investment Act Interlocal Agreement between the Board of County Commissioners
serving as the Southwest Florida Job Training Consortium.
CONSIDERATION: The Workforce Florida Act of 1996 resulted in the establishment
of workforce development regions in Florida, with the Southwest Florida Workforce
Development Region 24 comprised of Charlotte, Collier, Glades, Hendry, and Lee
Counties. An Interlocal Agreement between the Boards of county Commissioners for
Charlotte, Collier, Glades, Hendry, and Lee Counties created the Southwest Florida Job
Training Consortium. The Consortium entered into an agreement with the Southwest
Florida Workforce Development Board, Inc. to serve as the administrative entity and
grant recipient of the funding for the workforce development activities in Region 24. The
funding for these activities was provided through the Job Training Partnership Act of
1992 as amended. That Act is being replaced by the Workforce Investment Act of 1998,
thereby requiring a revised Interlocal Agreement between the Commissions of the five
counties of Region 24. To this end, the Board of County Commissioners of each of the
five County Commissions shall approve the Attached revised Interlocal Agreement
establishing the Southwest Florida Job Training Consortium, which is composed of the
Chairpersons of the County Commissions of the five counties or their Commissioner
designees. These Chairpersons will select one from the group to serve as Chair of the
Consortium. This position may then rotate each year according to procedures developed
by the Consortium.
FISCAL IMPACT: Proposed 1999-2000 funding for the five county service area is
$3,890,687.00. This funding is comprised solely of federal funding, there are no local tax
dollars included. Funds are not administered through Collier County's budget.
GROTH MANAGTEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve the
attached Workforce Investment Act Interlocal Agreement between the Board of County
Commissioners serving as one of the five counties comprising the Southwest Florida Job
Training Consortium for Region 24.
PREPARED B~' DATE:
Je/l~fer J. E~rds,l;f'frdan i~esources Director
REVIEWED BY: C~'_~-: (~:i' ----"---7' :
DATE
Leo Ocfis, Jr., Su~Se~ices Administrator HAY 2 5 1999
WORKFORCE INVESTMENT ACT
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM
This Agreement is made and entered into between the Boards of County Commissioners for
Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida,
for continuation of the Southwest Florida Job Training Consortium.
WITNESSETH:
WHEREAS, the Workforce Investment Act of 1998, hereinafter referred to as the Act,
Federal Public Law 105-220, replaces the Job Training Partnership Act as amended in 1996, and
restructures a multitude ofworkforce development programs into an integrated workforce investment
system and authorizes the expenditure of federal funds for allowable services and activities in local
workforce investment (development) areas;
WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by
the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in
1996, to form a five county workforce development area, Region 24, and this designation has been
automatically approved by the current Governor to continue under the Workforce Investment Act;
WHEREAS, the five participating counties had previously entered into an interlocal
agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into
agreement with a Private Industry Council acting as grant recipient and administrative entity until
such time as the Southwest Florida Workforce Development Board, Inc. was formed, and continued
under that agreement;
WHEREAS, the Region 24 Workforce Investment Area is required to submit a Workforce
Investment Act plan pursuant to Section 118 of the Act;
NOW THEREFORE, in consideration of the mutual covenants herein, the parties agree as
follows:
I. Continuation of the Southwest Job Training Consortium.
A. By virtue of the earlier Interlocal Agreement, the participating five counties agree to
accept the Governor's designation of the five county local area as Workforce
Investment Area Region 24 for purposes of programs promulgated under the Act;
B. By virtue of the earlier Interlocal Agreement, the five counties agree to continue the
.~ Southwest Florida Job Training Consortium (the "Consortium") which is composed
Page 1 of 9
2 5 1999
of the Chief Local Elected Official (Chair) from each of the participating County
Commissions, or a designee, who shall be an elected County Commissioner. These
five Chairs will elect one member of the Consortium to serve as Chair of the
Consortium. This position may then rotate each year according to procedures
developed by the Consortium.
II Authority and Responsibilities of the Southwest Florida Job Training Consortium.
A. Section 117, 118, and 121 of the Workforce Investment Act is hereby incorporated
within this Agreement as if set out herein.
B. The Consortium shall request any change in the number of local board members of
the Southwest Florida Workforce Development Board, Inc. that will represent each
county, identify which sector they will represent, identify the length of term, and
request certification from the Governor should any changes to the current
representation be required, ensuring that 51% of the membership represent the
private sector.
C. Each County Chair, or desi gnee Commissioner, shall be responsible for making
his/her County's private sector appointments, in accordance with the Act, to the
Board for the participating counties. The nomination process for these appointments
must adhere to the following criteria:
1. Representatives of business in the local area who are owners of businesses,
chief executives or operating officers of business, and other business
executives or employers with optimum policymaking or hiring authority;
2. Representatives of businesses with employment opportunities that reflect the
employment opportunities of the local area; and
3. Representatives are appointed from among individuals nominated by local
business organizations and business trade associations.
E. The nomination process for these private sector appointments shall be as follows:
1. Private sector representatives shall be selected from among individual
nominated by general purpose business organizations after consulting with
and receiving recommendations from other business organizations in the
workforce development region.
2. General purpose business organizations are defined as those organizations
which admit to membership any for-profit business operating with the
workforce development region, or any entity that represents or serves as an
umbrella organization that includes membership from for-profit businesses.
3. Such nominations, and the individuals selected from such nominations, shall
reasonably represent the industrial and demographic composition of the
Page 2 of 9
"' business community.
4. The Chair of the Southwest Florida Workforce Development Board, Inc. is
selected from the private-for-profit sector.
F. Ensure through its appointments that the Southwest Florida Workforce Development
Board include required public sector representatives, as required under the Act and
State of Florida definitions, regardless of County, with optimum policymaking
authority within the organizations, agencies, or entities:
1 Representatives of local educational entities, including local educational
agencies, local school boards, entities providing adult education and literacy
activities, and postsecondary educational institutions (including
representatives of community colleges, where such entities exist), selected
from among individuals nominated by regional or local educational agencies,
institutions, or organizations representing such local educational entities;
2. Representatives of labor organizations, nominated by local labor federations,
or (for a local area in which no employees are represented by such
organizations), other representatives of employees;
3. Representatives ofcomrnunity-based organizations (including organizations
representing individuals with disabilities and veterans, for a local area in
which such organizations are present);
"" 4. Representatives of economic development agencies;
5. Representatives of each of the one-stop partners; and
6. May include such other individuals or representatives of entities as the chief
elected official(s) in the local area may determine to be appropriate.
G. Share with the Southwest Florida Workforce Development Board the responsibility
for the following:
· approval of the Workforce Investment Act plan which shall be prepared for
the Region by the designated administrative entity, and provided to the
Workforce Development Board and the Consortium for joint approval.
· approval of the local Workforce Development Board budget submitted with
the plan;
· oversight of activities and services including designation, certification, or
termination of One Stop Operators.
· appointment of Youth Council members in coordination with the Workforce
Development Board's Chair which shall include:
· members of the Workforce Development Board with special interest
or expertise in youth policy;
· representatives of youth service agencies, including juvenile justice
and local law enforcement agencies;
,. representatives of public housing authorities;
.--- · parents of eligible youth seeking training assistance;
iAGEN~ ITEM
Page 3 of 9 ~.__ __
MAY 2 5 1999
. individuals, including former participants, and representatives of
organizations that have experience relating to youth activities;
· representatives of the Job Corps; and
,. other individuals as the Chair of the Workforce Development Board
in cooperation with the Chief Elected Official determines
appropriate.
V. Terms of Agreement.
A. None of the parties hereto shall be liable for any claims, damages, injuries, loses or
expenses arising out of or resulting from any act, omission, or negligence of the
others, their officers, employees or agents, related to the parties' respective
authorities and responsibilities under this Agreement.
B. The terms of the Agreement shall commence on or retroactively to the 1st day of
July, 1999, and shall run through June 30, 2000, and thereafter shall automatically
be renewed for the dates of each five-year Workforce Investment Plan, unless any
party notifies the others of its intention not to renew at least 90 days prior to the
expiration of the original term or any five-year renewal term.
C. Upon proper execution, and as of July 1, 1999, the Agreement shall be legally valid
and binding, and supersedes other agreements of the Southwest Florida Job Training
Consortium. This Agreement shall be recorded in the public records of the counties
of Charlotte, Collier, Glades, Hendry, and Lee.
D. This Agreement may be amended or modified upon the written request of any party
hereto. Any alterations, amendments, modification or waivers in the terms and
conditions of this Agreement shall not be effective unless reduced to writing,
approved by all parties, signed by their duly authorized representatives and filed with
the Clerks of the Circuit Courts of the participating counties.
1N WITNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
Page 4 of 9
No.
PASSED AND DULY ADOPTED THIS DAY OF ,1999.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
gAGINdA ITEH"'
Page 5 of 9 no ._ __ __
HAY 2 5 1999
Pg' '
PASSED AND DULY ADOPTED THIS DAY OF ,1999.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By: ~?
Page 6 of 9 no, _ _ , _
MAY 2 5 1999
PASSED AND DULY ADOPTED THIS DAY OF ,1999.
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By:. APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
Page 7 of 9 1--' i~mo, x~'x~" ~
~o.
MAY 2 5 1999
PASSED AND DULY ADOPTED THIS DAY OF ,1999.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
Page 8 of 9
HAY 2 5 1999
P9 .....
PASSED AND DULY ADOPTED THIS DAY OF ,1999.
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
By:
Signature of CHAIR OR COMMISSIONER DESIGNEE
Attest:
By: APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
By:
No.
Page 9 of 9 MAY 2 5 1999
pg. /0
EXECUTIVE SUMMARY
APPROVE EMERGENCY REPAIRS TO THE MAIN GOVERNEMENT
COMPLEX WATER SYSTEM
OBJECTIVE: To have the Board approve a budget amendment for an emergency water repair
to the Main Government Complex water system.
CONSIDERATIONS: The City of Naples provides potable water to the Main Government
Complex as part of their franchise area. Over the past several months, the water pressure and
volume at the complex has fluctuated from less then 20 lbs. to over 70 lbs. When this scenario
occurs, the following systems are effected:
Main Potable Water Loop: Three major water breaks have occurred in the past five months due
to a conditioning commonly referred to as "hammering". Hammering occurs when water
pressures experience severe fluctuations. These breaks occurred just outside the Administration
Building.
Air Conditioning System: When water pressure drops, air accumulates in the chilled water
system that supplies each building with water that cools the spaces. This prevents proper cooling
within the office spaces. Temperatures often exceeded 80 degrees in the high rise buildings,
especially the Courthouse.
Plumbing System: Each time the pressure drops the valves that operate toilets and urinals (flush
valves) stick in the open position, often flooding offices though-out the complex.
Irrigation System: Lack of water pressure and volume directly effects the irrigation system and
its ability to provide coverage. Additionally, as the pressure fluctuates, underground pipes break
causing damage that is often not discovered for two or three days.
Staff retained the services of an on call plumbing company and worked with their utility engineer
to troubleshoot this problem. It was discovered that a 4" backflow assembly was restricting the
water being delivered to the complex. Working with the City's Utility Department and the
plumbing contractor, a new 8" backflow and meter assembly was installed that provided
immediate relief. These emergency repairs were completed within a three-week period.
The Facilities Management Department is currently reviewing proposals from utility engineering
firms that would look at all water related issues at the complex. Some of those issues include;
the use of reclaimed water for irrigation and chilled water plant use, retention pond water and the
possibility of variable speed pumps that would pull water into the complex, should pressure drop
from the provider. Staff will bring this to the Board later this summer.
Executive Summary
Page Two
Expenses were as follows:
Materials; (4) RPC back-flow preventor, (1)
turbo meter, strainer, (6) large corporation
(O,S,&Y) valves, and fittings $ 56,100
Auxiliary pump $ 8,000
Concrete slab $ 2,600
Fencing ,i: slats $ 2, 100
Labor $ 39,800
Engineering fees $ 4,700
Crane, Back-hoe and Heavy Equipment Rental $ 2,900
Total Project Cost $116,200
After the installation of the eight inch back-flow assembly, volume increased and the entire Main
Govemment Complex water system improved immediately.
FISCAL IMPACT: Total expenses associated with the repair were $116,200. Funds would be
transferred into the Facilities Management Cost Center from the General Fund Reserves for this
unanticipated expense.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board approve the necessary budget amendments for the
emergency water main repair as addressed within this summary.
Prepared By: ,~ )/,~;~'~.~,,~:~..~/~' Date:
The Department of Facilities Management
Reviewed By: ~//~9-'fl~ Date:
S~i~"'~a~n'~,'CFM, birector '
The Department of Facilities Management
""' Approved By: -..~:--~'-' C' (',,-C..~-~ k' / ')' Date:
Leo E. Ochs, Jr., Administr~ator
Support Services Divisiod
M~ ~ 1999
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of 5/25/99
Pelican Bay MSTUBU (Fund 109)
Budget Amendment No. 99-256
Operating
Other Contractual Services $44,000
Regular Salaries (44,000)
Total -0-
Explanation: Funds needed for temporary laborers to cover vacant positions.
Road Construction Gas Tax (Fund 313)
Budget Amendment No. 99-264
Operating
-~- Interdepartment Payment for Services S800
Reserves
Capital Outlay (800)
Total '0-
Explanation: Funds are needed for services provided by Real Property Management Department.
AGENDA ITEM
.,,,,_.. No. tu ~: c ~)
MAY 2 5 1999
Pg.
EXECUTIVE SUMMAR Y
A RESOLUTION AUTHORIZING THE BORROWING OF AN AMOUNT NOT TO
EXCEED $6,500,000 FROM THE POOLED COMMERCIAL PAPER LOAN
PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION
PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE
ACQUISITION, CONSTRUCTION, AND EQUIPPING OF AN ADMINISTRATIVE
BUILDING FOR THE COLLIER COUNTY SHERIFF'S DEPARTMENT;
AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO
EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE
OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY
AVMLABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH
BORROWING; AND PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a
loan from the Commercial Paper Program in an amount not to exceed $6,500,000 to construct an
Administrative Building for the Sheriffs Office.
CONSIDERATIONS: On April 23, 1999 the Board of County Commissioners approved Option 1 to
construct an administrative building for the Sheriffs Office. The funding mechanism related to this option
included a short term borrowing from the Commercial Paper Program. The loan is being structured in an
amount not to exceed $6,500,000 and will be drawn on a schedule to minimize any arbitrage exposure. The
loan will be for five years with semi-annual principal payments and monthly interest payments.
FISCAL IMPACT: There is no direct fiscal impact associated with this Executive Summary, as this
is only authorizing a not to exceed loan amount of $6,500,000 from the Commercial Paper Program to fund
this project. A separate Executive Summary will be presented to the Board to award the design and
construction contracts during June.
GROWTH MANAGEMENT IMPACT: None
RECO]IIMENDATION: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan in an amount not to exceed $6,500,000 from the Commercial Paper Program as the
funding source for the construction of the Sheriffs Office administrative building.
Prepared By: * ~ Date:
~~~FE, C B A
D~rector of Finance and Accounting
ApprovedBy: t,4q~.~ ~ Da~ Y'~! ')~'~A~ENDAITEM I
Michael Smykowski NO. /~, t.= t~ ~-)
Director of the Office of Management and Budget
Chairman, Finance Committee HAY 2 5 1999
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT EXCEEDING
$6,500,000 FROM THE POOLED COMMERCIAL PAPER
LOAN PROGRAM OF THE FLORIDA LOCAL
GOVERNMENT FINANCE COMMISSION PURSUANT TO
THE TERMS OF THE LOAN AGREEMENT BETWEEN THE
COMMISSION AND THE COUNTY IN ORDER TO
FINANCE THE ACQUISITION, CONSTRUCTION AND
EQUIPPING OF AN ADMINISTRATIVE BUILDING FOR
THE SHERIFF'S DEPARTMENT; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO
EVIDENCE SUCH BORROWING; AGREEING TO SECURE
SUCH LOAN NOTE OR NOTES WITH A COVENANT TO
BUDGET AND APPROPRIATE LEGALLY AVAILABLE
NON-AD VALOREM REVENUES AS PROVIDED IN THE
LOAN AGREEMENT; AUTHORIZING THE EXECUTION
AND DELIVERY OF SUCH OTHER DOCUMENTS AS
MAY BE NECESSARY TO EFFECT SUCH BORROWING;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1 .DEFINITIONS. Unless the context of use indicates another meaning
or intent, the following words and terms as used in this Resolution shall.have the following
meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in
the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163,
Florida Statutes, and all other applicable provisions of law.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement.
"Board" means the Board of County Commissioners of the County.
"Chairman" means the Chairman or Vice Chairman of the Boar, ch~.uac~Do~elrE/Mt:
person as may be duly authorized to act on his or her behalf. an
r.4AY 2 5
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the
Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and any
assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County and such
other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts due
under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof.
"Draw Date" has the meaning set forth in the Loan Agreement.
"Finance Director" means the Director of Finance and Accounting and such other
person as may be duly authorized to act on his or her behalf.
"Loan No. A-11-1" means the Loan designated as "Loan No. A-11-1" the proceeds
of which are to be used to finance Project A-11.
"Loan" means the loan to be made by the Commission to the County from proceeds
of the Series A Notes in accordance with the terms of this Resolution and of the Loan
Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between
the County and the Commission, as amended and supplemented and as the same may be
further amended and supplemented.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional Payments,
payable by the County pursuant to the provisions of the Loan Agreement.
AGENDA ITEM
2
No./~- E~-)
MAY 2 5 1999
Pg-_
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health, welfare
and safety of the inhabitants of the County or which are legally mandated by applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by the
Commission.
"Project A-I 1" means the costs and expenses relating to the acquisition, construction
and equipping of an administrative building for the Sheriff's department, as the same may be
amended or modified from time to time, all as more particularly described in the plans and
specifications on file with the County.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by the
County for payment of the Loan Repayments and any other amounts due hereunder from
Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate
such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement.
"Resolution" means this Resolution, as the same may from time to time be amended,
modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series
A (Govdrnmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms,
shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption
of this Resolution; and the term "hereafter" shall mean after the date of adoption of this
Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2.AUTHORITY FOR RESOLUTION. This Resolution is adopted
pursuant to the provisions of the Act.
SECTION 3.FINDINGS. It is hereby ascertained, determined and declared that:
AGENDA ITEM
No./z c.:
3
NAY 2 5 1999
pg._..
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to finance and refinance the cost of acquiring, constructing and equipping
capital improvements and to finance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to time,
commercial paper notes to be known as "Florida Local Government Finance Commission
Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds
of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan, from
time to time, to the County such amounts as shall be authorized herein and in the Loan
Agreement in order to enable the County to finance, reimburse or refinance the cost of
acquisition, construction and equipping of capital improvements.
(D) There is presently a need by the county to finance Project A-11 and the most
cost-effective means by which to finance Project A-11 is by the use of moneys obtained
pursuant to the Program by means of the Loan.
(E) The County hereby determines that the provision of funds by the Commission
to the County in the form of Loan No. A-11-1 pursuant to the terms of the Loan Agreement
and the financing of Project A-11 will assist in the development and maintenance of the
public welfare of the residents of the County, and shall serve a public purpose by improving
the health and living conditions, and providing governmental services, facilities and
programs and will promote the most efficient and economical development of such services,
facilities and programs.
(G) Loan No. A-11-1 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of
the County will never be necessary or authorized to make the Loan Repayments.
SECTION 4.TERMS OF LOANS. The County hereby approves of Loan No. A-11-
1 in the aggregate amount of not exceeding $6,500,000 for the purpose of providing the
County with sufficient funds to finance Project A-11. The Chairman and the Clerk are
hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes
with respect to Loan No. A-11-1 and other documents, instruments, agreements and
certificates necessary or desirable to effectuate Loan No. A-11-1 as provided in the Loan
Agreement. The Loan Note or Notes with respect to Loan No. A- 11 - 1 shall reflect the terms
of such Loan and shall be substantially in the form attached to the Loan Agreement as
Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to
AGENDA ITEM
MAY 2 5 1999
Pg.
Loan No. A-11-1 in accordance with the terms of the Loan Agreement at such time as shall
be determined by the Finance Director as appropriate to finance Project A-11 and is
permitted by the Loan Agreement. Loan No. A-11-1 shall mature and be repaid in such
manor as the Finance Director and the Commission shall determine prior to the issuance of
any Loan Note with respect to Loan No. A-11-1 so long as the final maturity of such Loan
Note shall not be longer than the expiration date of the Credit Facility. Loan No. A- 11 - 1
shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The
County further agrees to make all Loan Repayments required of it pursuant to the terms of
the Loan Agreement. The Letter of Credit fees for Loan No. A-11-1 shall be 45 basis points
or such other amount as First Union National Bank and the Finance Director shall agree.
SECTION 5.AUTHORIZATION OF PROJECT A-11. The County does hereby
authorize the acquisition and construction of Project A-11.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay
Loan No. A- 11 - 1 will be secured by a pledge of and lien upon the Designated Revenues in
accordance with the terms of the Loan Agreement. The obligation of the County to repay
Loan No. A-11-1 shall not be deemed a pledge of the faith and credit or taxing power of the
County and such obligation shall not create a lien on any property whatsoever of or in the
County other than the Designated Revenues.
SECTION 7.GENERAL AUTHORITY. The members of the Board and the
officers, attorneys and other agents or employees of the County are hereby authorized to do
all acts and things required of them by this Resolution and the Loan Agreement, or desirable
or consistent with the requirements of this Resolution and the Loan Agreement, for the full
punctual and complete performance of all the terms, covenants and agreements contained in
this Resolution and the Loan Agreement, and each member, employee, attomey and officer
of the County or its Board is hereby authorized and directed to execute and deliver any and
all papers and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution and the
Loan Agreement.
SECTION 8.SEVERABILITY. If any one or more of the covenants, agreements
or provisions herein contained shall be held contrary to any express provision of law or
contrary to the policy of express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements
or provisions shall be null and void and shall be deemed separable from the remaining
covenants, agreements or provisions and shall in no way affect the validity of any of the
other provisions hereof.
AGENDA ITEM
5 No.../c,
MAY 2 5 1999
Pg...
SECTION 9.REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions
or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such
conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this __ day of May, 1999.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
Chairman
ATTEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
AGENDA ITEM
No./~ t::7 C_z-)
6
PlAY 2 5 1999
pg. 7 ..
---- EXECUTIVE SUMMARY
OB.IECTIVE: Approve the budgel amendment necessary to pay for Impact Fee
collection cost payable to Building P, eview and I~ermilting.
CONSIDERATION: This buttgel amendmeier is necessary to appropriate funds to pay
for hnpact Fee collection cost payable to I'tuilding P, eview and Permitting who collect
EMS h'npact Fees.
FISCA l. I1%! PACT: $16.000 fiends ~I'c .vailaisle in I~;MS Imlmct Fee Reserves.
GRO~,¥TII MANA(;EMICNT I~!I'A(;'I': Ntmc
RECOMM EN!)ATION: 'l'hal ihc I?.oas'd <fi'(Tounly (:omnfissitmers approve lhe
necessary budget amendmenl.
.... 5' J~" Date:
SUBMITTED BY: ......... ~ )~'. I~{ ,. ma,~clcr. I~:MS i:~a;:~;~"7~
APPROVED BY: _ i ~ County A
/ K'~':,i~'~'wiZ:~,U~5 ~ ~t,,,~ . ~ii~'~'~4
---- HAY 2 5 1999
EXECUTIVE SUMMARY
APPROVE AND EXECUTE AN AGREEMENT TO PROVIDE FOR A MAXIMUM EXPENDITURE OF $50,000
""'~'ROM THE GAC LAND TRUST TO PURCHASE LAND AND TO INITIATE THE DESIGN OF AN EMS AND
dTURE SHERIFF'S OFFICE SUBSTATION TO BE LOCATED WITHIN GOLDEN GATE ESTATES
OBJECTIVE: Recommendation to approve and execute an Agreement between Collier County, a political
subdivision of the State of Florida, by its Board of County Commissioners, acting in their capacity as Trustee
of the GAC Land Trust ("Trustee") and Collier County, a political subdivision of the State of Florida for and on
behalf of the Emergency Medical Services Department ("County") which provides for a maximum expenditure
of Fifty Thousand and 00/100 Dollars ($50,000.00) from the GAC Land Trust to purchase land and to initiate
the design and engineering of an EMS and future Sheriff's Office substation to be located within Golden Gate
Estates,
CONSIDERATION: (Brief History): On November 15, 1983, Avatar Properties Inc. and Collier County
entered into an Agreement (1983 Agreement) to convey 1,061.5 acres of property in Golden Gate Estates in
five (5) geographical phases to Collier County.
According to the 1983 Agreement, the property dedicated to Collier County would be used to provide facilities
for such things as recreation, utility and community service for the existing and future residents and visitors of
Collier County, and to provide a source of revenue to fund improvements within the area known as "Golden
Gate Estates" and to provide for the acquisition of other lands, equipment, and materials for the future
construction of improvements. The 1983 Agreement also required that the lands deeded to the County are to
be used only to provide governmental facilities for existing and future residents of Collier County, with all
capital improvements to be physically located within the geographical boundary of the area known as
"Golden Gate Estates." In addition, any proceeds from the sale of dedicated lands are to be utilized for
...-..capital proiects, to be located within the area known as "Golden Gate Estates". The governmental facilities
'hich can be constructed upon said property or with the proceeds of the sale of the property include fire
protection facilities, police facilities, public schools, libraries and recreational facilities as well as equipment
necessary for the operation thereof.
(Issue): On April 26, 1999, the Golden Gate Estates Land Trust Committee
recommended 3/0 (one member absent) that a maximum allocation of Fifty Thousand and 00/100 Dollars
($50,000.00) be provided for purposes of acquiring that property described as the North 1/2 of Tract 51,
Golden Gate Estates, Unit No. 9, according to the plat thereof, as recorded in Plat Book 4, Pages 99 and
100, of the Public Records of Collier County, Florida and to utilize funds from the GAC Land Trust to initiate
the design and engineering of an Emergency Medical Services (EMS) station approved in the FY 99 budget
and future Sheriff's Office substation which shall be constructed on the aforementioned described property
located within "Golden Gate Estates".
The subject property is located at the corner of 13th Street SW and Golden Gate Boulevard, directly, across
the street (13th Street) from the Golden Gate Estates Library and near the Golden Gate Fire Station and
contains approximately 2.58 acres. As part of the Golden Gate Boulevard 4-1aning project, a traffic signal
shall be installed at the corner of '13th Street and Golden Gate Boulevard and shall serve as ingress and
egress to the site. Although preliminary discussions included an EMS addition to the existing fire station, this
site provides improved emergency ingress and egress and will also accommodate a Sheriff's Office
substation.
The Real Property Management Department has obtained a Purchase Agreement from the owner of subject
property, Mr. Juan Reyes. The Purchase Agreement reflects a purchase price of $35,600. The market value
---of the subject site. as estimated by the County's Review Appraiser, is $25,300. Staff is requestin,q approval
Pg. I
of the Purchase Agreement based upon the location of the site (nearby other governmental facilities) and the
willingness of the property owner to sell his property. Staff researched the immediate area as to other vacant
property but were unsuccessful in obtaining willing sellers. It is estimated the total land costs shall not exceed
Forty Thousand 00/100 ($40,000) Dollars. Any funds remaining from the purchase of the property shall be
"' ,sed to initiate the design and engineering of the EMS and future Sheriff's Office substation.
The payment of the $50,000 (Funds) to the County for the property and the design are specifically addressed
in the attached Agreement. It must be noted that if the property acquired is not utilized by the County for an
EMS substation, the property shall revert to the GAC Land Trust and any funds provided for the design and
engineering shall be refunded and repaid to Fund 605, (GAC Land Trust). In addition, all funds requested
must be disbursed within twelve (12) months of the execution of the Agreement.
The attached Agreement addressing the allocation of the $50,000 and the Purchase Agreement were
prepared by the Real Property Management Department and reviewed by the County Attorney's Office. A
"Letter of No Objection" to the Agreement, dated May 10, 1999, has been received from Avatar Properties
Inc. acknowledging the allocation of $50,000 for the purchase of land and to initiate the design and
engineering of an EMS and future Sheriff's Office substation within Golden Gate Estates.
FISCAL IMPACT: As previously stated, land costs shall not exceed $40,000. Any and all funds remaining
from the property acquisition shall be utilized to initiate the design and engineering of the substation, It is
proposed that design and engineering for the substation be initiated as soon as possible. The construction of
the facility will commence late FY 98/99 and continue in FY 99/00 under the Emergency Services Capital
Projects (Fund 350). The Fifty Thousand Dollars ($50,000) allocated by the GAC Land Trust is available in
605 Reserves for Future Construction. A budget amendment would be required to transfer funds from Fund
605 Reserves to the appropriate operating fund in order to acquire the subject property and to initiate the
design and engineering of the substation within this fiscal year. Remaining costs for this project will be funded
by EMS Impact Fees, Fund 350.
'ROWTH MANAGEMENT IMPACT: This project would be inventoried as part of the Growth Management
lan for EMS/Government Building Facilities.
RECOMMENDATION: That the Board of County Commissioners: (1) approve the attached Agreement
providing for a maximum expenditure of Fifty Thousand and 00/100 Dollars ($50,000.00) for the purchase of
property and to initiate the design and construction of an Emergency Medical Services and future Sheriff's
Office Facility in order to benefit the residents of Collier County; (2) approve the Purchase Agreement with
Juan A. Reyes for the purchase of the N 1/2 of Tract 51, Golden Gate Estates, Unit No. 9; (3) authorize the
Chairwoman to execute both Agreements; (4) waive the requirement for an appraisal pursuant to Florida
Statute 125.355(b); (5) direct staff to proceed to acquire the subject site and follow all appropriate closing
procedures including the acceptance of the proper conveyance document and approval to record any and all
necessary documents (once approved by the County Attorney's office) to obtain clear title to the property;
and lastly, (6) approve the necessary ba'cl'g-etanO,~e~n. dment(s).
---.~--~ .........r.__~\ i,,, ~'
REVIEWED BY: \"\~ .- ~ "~'~"'~'~'~, ~' '~
DIANE FLAGG~" CHiE'~, ERGENCY MEDICAL SERVICES DEPARTMENT
APPROVED BY: DATE:
MIKE MCNEES, ASSISTANT COUNTY ADMINISTRATOR
AGREEMENT
THIS AGREEMENT made this day of .. 1999 between COLLIER
COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND
TRUST, (hereina~er referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East,
Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA, (hereina~er referred to as the "County"), whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112.
WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida
(hereinafier referred to as "Property"), from Avatar Properties Inc. f/Ida GAC Properties Inc. in
accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier
County, (hereinafier referred to as the "1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the
monetary proceeds acquired from the subsequent sale of said Property are to be used to provide
governmental facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the
above-described Property; and
WHEREAS, County is requesting Trustee purchase that property described as the North 1/2
of Tract 51, GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plat '
Book 4, Pages 99 and 100. of the Public Records of Collier County, Florida (hereina~er referred to
as "Land") and to utilize funds from the GAC Land Trust to initiate the design and engineering of an
emergency medical services and future Sheriffs Office facility which shall be constructed on the
aforementioned Land located within "Golden Gate Estates"; and
WHEREAS, Trustee has determined that County's request is in a~cordance with the intent of
the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by
providing funds for land acquisition, design and engineering required to construct an emergency
medical services and future Sheriffs Office facility (hereinafter referred to as "Facility").
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated May 10, '
1999, approving the use of funds derived from the sale of Property to acquire the Land and to fund
a portion of the design and engineering (hereinafter referred to as "Design") for the Facility within
"Golden Gate Estates".
WHEREAS, the County intends to initiate the Design of the Facility upon execution of this
Agreement.
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 t'o be sufficient, just
and adequate, the parties hereto do agree as follows:
1. Trustee hereby agrees to contribute a maximum of Fifty Thousand and No/100
Dollars ($50,000.00) of the total funds to be expended by the County for purposes hereinafter
stated, (hereinafter referred to as the "Funds"), for purposes of initiating the Design of the Facility
and acquiring the Land in accordance with the terms and conditions of this Agreement, provided
said Funds are to be used solely for the Design of the Facility and the acquisition of the Land.
2. The County agrees and warrants that the Funds will be used solely for said Land
acquisition and Design needed to provide an adequate Facility to serve the public.
3. The County hereby agrees that the acquisition of Land and Design of the Facility
shall be in accordance with all applicable bidding or other requirements for the procurement of
property and services as set forth in Chapter 287, Florida Statutes, and such other statutory
provisions as may be applicable.
4. Payment of the Funds to the County for the Property and Facility shall be in ,
accordance with the following: AGEN~AJT~M,, I
(1) All Land costs shall be withdrawn directly from Fund 605, GAC Land Trust, and NO,
shall be administered by the Real Property Management Department.
MAY 2
(2) The Trustee shall make available those remaining Funds ($50,000 less any and
all Land and associated costs) for the Design upon County's acceptance of a design consultant or
.,-cam to provide such services as required herein. Said payment(s) shall be made within thirty (30)
s of receipt of appropriate verification as stated below by the Trustee, with copy to the Real
pedy Management Department Director, of said verification.
A. The County, or its designee, shall: (a) provide the Real Property Management
Department Director. copies of all invoices, purchase orders, checks or other documentation which
evidence the expenditures by the County of the Funds used for Design. Said documentation shall
clearly state the purposes of said expenditure. Payments(s) shall be approved upon satisfactory
review by the Real Property Management Department Director and shall be made payable directly
to the appropriate vendor.
B. Upon completion of the Design of the Facility, the County or its designee shall (1)
promptly forward a letter to the Trustee stating that all moneys from the GAC Land Trust have been
used for the purposes of initiating the Design of the Facility in Golden Gate Estates and that all
payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any
and all Funds, or any portion thereof, not utilized for said Land and Design shall be deposited
directly into the GAC Land Trust Fund 605.
C. The Land shall be utilized by the County for an emergency medical services and future
Sherifrs Office facility. In the event that the Land is not utilized by the County for an emergency
medical services or a future Sheriffs Office facility, it is understood and agreed by the parties that
the Land shall revert to the GAC Land Trust and any Funds provided for the Design shall be
refunded and repaid to Trustee, within thirty (30) days, and shall be deposited directly into the GAC ·
Land Trust Fund 605.
D. The County covenants and agrees that upon the payment of all or any portion from the
Funds in accordance with the obligation contained in this Agreement it shall be the further obligation
of the County to pay any remaining balance required to complete the construction of the Facility.
E. All Funds requested, in accordance with this paragraph shall be disbursed within twelve
(12) months of the execution of this Agreement by both parties. In the event that the Design is not
completed by the County within twelve (12) months from the execution of this Agreement, it is '
understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty
(30) days, any and all Funds which have been provided to the County pursuant to the provisions of ...
the 1983 Agreement.
----- 5. County agrees to protect, defend, indemnify and hold the Trustee harmless from any
all claims, actions, causes of action or liabilities including attorney's fees and costs arising from
n any way connected with the use of the Funds or the selection, purchase, delivery or installation
or use of the Facility by the County, its agents, employees, or in any way related to the Facility by
the County, its agents, employees or any third party.
6. The County understands and agrees that the Funds to be provided to Collier County in
accordance with the terms of this Agreement have been derived from and are being provided solely
for the sale and/or use of a podion of the Property conveyed to Collier County pursuant to the 1983
Agreement administered and managed by the County for the GAC Land Trust and that such Funds
are currently in Fund 605-122390 (The GAC Trust Land Sales Fund).
7. , The County agrees that following construction of the Facility, the site shall be used
primarily for servicing the geographical area commonly known as "Golden Gate Estates".
8. This Agreement is governed and construed in accordance with the laws of the State of :
Florida.
9. Any notice required by this Agreement shall be addressed to the parties at the address
set forth below:
IF TO THE COUNTY:
Collier County
do Emergency Medical Services Department
Building "H"
3301 Tamiami Trail East
Naples, Florida 34112
IF TO THE TRUSTEE:
Collier County
c/o Real Property Management Department "' AGEN TE
Administration Building
3301 Tamiami Trail East N.O,
Naples, Florida 34112
MAY 2 5 1999
10. 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 :
padies.
IN WITNESS WHEREOF, Trustee and County have caused this Agreement to be duly executed on
the day and year first above written.
AS TO TRUSTEE:
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE :
DATED: STATE OF FLORIDA, BY ITS BOARD OF COUNTY
ATTEST: COMMISSIONERS, ACTING IN THEIR CAPACITY AS
DWIGHT E. BROCK, Clerk TRUSTEE OF THE GAC LAND TRUST ;:
DEPUTY CLERK BY:
PAMELA S. MAC'KIE, Chairwoman
AS TO COUNTY:
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE :
DATED: STATE OF FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk '
DEPUTY CLERK BY:
PAMELA S. MAC'KIE, Chairwoman ..
Approved as to form and
Heidi F. Ashton
Assistant County Attorney ,
MEMORANDUM
DATE: May 6, 1999 REOEi~D COUNTY ADMINISTRATORS OFFICE
TO: Robe~ F. Fem~dez, Counb' A~inistrator ~
MAY 0 7 1999
FROM: B~b~a B. Be~,, Co~issioner
ACTIONS://:i':r~" '~ ~0~ g~'/ i':~92'~
~: Golden Gate Advisor, Co~i~ee ~
FILE i ~
This morning I had a breakfast meeting with my Golden Gate Estates Advisory Committee and
the following concerns were expressed by them:
~ I 1. Landfill: They are in favor of an incinerator. They felt the County should put out an RFP
for an incinerator as a possibility for collection of garbage to get the costs associated with
~ it.
' t d.](3 2. Surplus Land: The), feel that the 300 + acres of surplus land at the landfill should be used
for alternative sports; i.e., horse trails, ATV trails, paint bails, etc.
fi4/i ~rl 3. ElX,IS: There was a meeting last Monday in which Diane Flagg indicated that the vacant
propert3, across the street from the Library in Golden Gate (1 3th Street) was to be used for a
building for the EMS/Sheriff. Who authorized this? And why in that location? I thought
we have had discussion that this would be with EMS/Fire.
Z~ 4. The>: also indicated that there is a lack of continuity in County departments and the
Satellite services for Constitutional Offices.
Please review these concerns from my constituents and provide me with a response.
Commissioner, District 5
BBB:sf N%?EN~
Ni ':, ;,I999
EXECUTIVE SUMMARY
CREATION OF TEAM COLLIER 2000 TASK FORCE TO COORDINATE Y2K
ACTIVITIES THROUGHOUT COLLIER COUNTY
OBJECTIVE: To gain Board of County Commissioners approval for the creation of a
task force comprising agencies from the public and private sectors to coordinate activities
and assist other in dealing with potential problems caused by possible computer and
embedded chip failures as a result of the "Millennium Bug".
CONSIDERATION: "The Millennium Bug is totally predictable in its timing, but
completely unpredictable in its effects. Its greatest danger lies in that uncertainty." With
this in mind, the State of Florida has created a task force at the state level and hopes that a
similar program could be replicated in each of the 67 counties. The Collier 2000 Team
would have 4 components: Public Sector, Private Sector, Critical Infrastructure and
Citizens Outreach. Each component would have a facilitator responsible for scheduling
meetings and coordinating activities for that work group. (see attachment)
The primary objectives of the Team Collier 2000 Task Force are to conduct face to face
meetings with all government and selected private entities, as well as those maintaining
critical systems necessary for our survival. The task force will assist agencies with their
remediation needs, identify areas where help is needed and identify "best practices" at the
local level. In addition, the task force will promote awareness within the private sector,
help businesses within Collier County to prepare for Y2K, help identify and anticipate
windows of opportunity in the private sector and help promote Collier County businesses
as stable post-Y2K resources.
It is also anticipated that the citizens outreach work group develop Y2K guidance for our
citizens, create public service announcements, and consider a Y2K hot line and web site
specifically for Y2K information.
FISCAL IMPACT: $2,000 is needed to pay for postage, copy, and fax charges to
coordinate meetings and exchange information. $10,000 is needed to develop and print
pamphlets for dissemination to local residents and businesses, as well as, develop a Y2K
web page. Funds in the amount of $12,000 are requested from General Fund (001 )
Reserves.
/~-- GROWTH MANAGEMENT IMPACT: None -
,A,y 2 5 B99
RECOMMENDATION: That the Board of County Commissioners approve the Team
2000 concept and approve the necessary budget amendment for citizen outreach activities.
APPROVED BY: Date:
Michael A. McNees, Assistant County Administrator
~ ~ AGEND'A I'i'EM'
~> No. I~,~_~ .
~ ..
~.~ HAY 2 5 1999
~ ~ pg, "~ ,
TEAM COLLIER 2000
TFY2K
Public Sector Component:
Facilitator: Y2K Coordinator
BOCC:
Development Services
Public Services
Public Works
Support Services
Collier County Emergency Medical Services
City of Naples
Everglades City
City of Marco Island
Collier County School District
Private Schools
Collier County Tax Collector
Collier County Property Appraiser
Collier County Supervisor of Elections
Collier' County Court Administrator
Collier County Mosquito Control
Collier County Sheriffs Offce
Naples Police & Emergency Services
Collier County Fire Chiefs Association
Collier County Medical Examiner's Office
International College
Edison Community College
AGENDA ITEM
No.
NAY 2 5 1999
Pg .... LJ ,
TEAM COLLIER 2000
TFY2K
Private Sector Component:
Facilitator: Greater Naples Chamber of Commerce
CBIA Representative
NABOR Representative
Coastland Mall Representative
IFAS/Agriculture Representative
Naples Accommodations Association
Naples Restaurant Association
Jungle Larry's Representative
Banking Representative
Credit Union Representative
Brokerage Representative
Building Supply Representative
Chambers of Commerce Representative
Economic Development Council Representative
Collier County Bar Association Representative
3
TEAM COLLIER 2000
TFY2K
Critical Infrastructure Component:
Facilitator: Emergency Management
Collier County Water/Wastewater
Immokalee WaterAVastewater
City of Naples Water/Wastewater
Florida Cities Water/Wastewater
Florida Water Services
Naples Community Healthcare
Cleveland Clinic
Nursing Home Representative
Assisted Living Facility Representative
Dialysis Center Representative
Medical Association Representative
Dental Association Representative
Veterinary Association Representative
Salvation Army Representative
American Red Cross Representative
United Way Representative
Area Agency on Aging Representative
Intellitrans Representative
Traffic Operations Representative
Naples Airport Authority
Collier County Airport Authority
Combs Oil Representative
Florida Power & Light Representative
Lee County Electric Co-Op Representative
Sprint/United Representative
Nextel Representative
AGENDA ITEM
MAY 2 5 1999
TEAM COLLIER 2000
TFY2K
Citizens Outreach Component:
Facilitator: Office of Public Information
Daily Newspapers: Naples Daily News
Ft Myers News Press
Weekly Newspapers: Golden Gate Gazette
Everglades Echo
Marco Island Eagle
Spanish Newspapers
Seniors Publications
Rubber Chicken Circuit: Rotary Clubs
Kiwanis Clubs
Optimist Clubs
Senior Groups: A.A.R.P.
S.A.L.T. Council
Service Organizations: Jaycees
Polo Club
HAY 2 5 1999
5
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
MAY 25, 1999
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
2. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06( 1 ), the disbursements for the Board of County Commissioners for the period:
A. April 26 - 30, 1999
B. May 3-7, 1999
3. Districts:
A.Collier Soil and Water Conservation District - Agendas of April 7, 1999 and
May 5, 1999 and minutes of March 17, 1999 and April 7, 1999 meetings
B. Lely Community Development District - General Purpose Financial Statements
September 30, 1998; Local Government Annual Financial Report; Description of
Outstanding Bonds; and Budget for 1998
4. Minutes:
A. Historical/Archaeological Preservation Board - Agenda of April 16, 1999
B. Public Vehicle Advisory Committee - Minutes of January 5, 1999 meeting
C. Emergency Medical Services Advisory Council - April 28, 1999 meeting
notification
D. Historical/Archaeological Preservation Board - Minutes of March 12, 1999
meeting
E. Collier County Water and Wastewater (Utility) Authority - Minutes of
January 25, 1999 meeting
F. Board of Building Adjustments and Appeals - Minutes (abbreviated) of
April 7, 1999 meeting
G. Pathway Advisory Committee - Agenda of April 23, 1999 and minutes of
February 26, 1999 meeting
p ,
HAY 2 5 1999
pg. ..Z'
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A
BUDGET AMENDMENT IN THE AMOUNT OF $325,000 TRANSFERRING FUNDS FROM
RESERVES TO REDEMPTION OF LONG-TERM DEBT-PINE RIDGE INDUSTRIAL PARK
AND NAPLES PRODUCTION PARK SPECIAL ASSESSMENT BONDS, SERIES 1993.
OBJECTIVE: That the Board of County Commissioners approve a Budget Amendment for $325,000
appropriating funds for a partial redemption of bonds.
CONSIDERATIONS: Resolution 93-373, Article III, provides for the extraordinary redemption of the
Pine Ridge Industrial Park and Naples Production Park Special Assessment Bonds. An early call of
$325,000 was made in November 1998 which was not anticipated in the current Budget.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: Funds are available in the reserves for debt service. No additional funds are needed.
RECOMMENDATION: That the Board of County Commissioners approve a budget amendment of
$325,000 transferring funds from Reserves to Redemption of Long -Term Debt in Fund 232.
Date:
Teri O'Connell
Senior Accoun nt
""'ek' .job_. senDate:
es L. Mitchell
Finance Director~epuW Clerk
Clerk of the Circuit Court
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE AN INCREASE OF FIFTEEN SWORN LAW
ENFORCEMENT OFFICERS IN THE 1998/99 SHERIFF'S OFFICE BUDGET FOR THE
UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS IN SCHOOLS
GRANT PROGRAM.
OBJECTIVE: To seek Board approval to increase the number of
Sheriff's Office 1998/99 and subsequent years budgeted sworn law
enforcement officer positions in order to request additional
United States Department of Justice COPS (Community Oriented
Policing Services) in Schools Program grant funds.
CONSIDERATIONS: On November 8, 1994, the Collier County Commission
agreed to be the local coordinating unit of government for the COPS
program grants.
On October 26, 1998 the Sheriff ' s Office was notified of
eligibility for funding to help hire community policing officers to
work in primary or secondary schools.
On November 24, 1998 the Board approved the Sheriff's Office COPS
In Schools grant application and an increase of nine positions in
the 1998/99 and subsequent years Sheriff's Office budget for the
COPS In Schools grant program positions.
On May 3, 1999, in the wake of the Littleton, Colorado tragedy and
as a current COPS In Schools grant recipient, the Sheriff's Office
was notified of eligibility for additional funding to hire
community policing officers to work in primary or secondary
schools.
Collier County Public Schools has entered into a Partnership
Agreement with the Sheriff's Office that supports officers deployed
under this program. The additional thirteen Deputies will be
assigned to various Youth and Prevention Services Bureau school
positions and two Deputies will be assigned to Gang Unit
Investigator positions in the schools.
COPS in Schools grant awards provide a designated portion of
salary and benefits of each new officer over three years. The
maximum federal reimbursement is $125,000 per officer, any
remainder is paid with state or local funds. Federal funding for
the additional fifteen COPS-eligible positions is being requested
to support specialized officers dedicated to school activities to
deal with and reduce violence and enhance school safety in and
around schools in Collier County. Proposed activities will be
linked to an overall organizational community policing strategy.
FISCAL IMPACT: The Local Grant Match for three years is $46,200
affecting fiscal year 2000/01. Federal funding is requested for
100% of eligible costs for the FY 1998/99 and 1999/2000.
Subsequent funding will be requested as part of the Sheriff ' s
Office operating budget per attached Exhibit "~. AG-~NDAi~IM
MAY 2 5 1999
pg.
GROWTH IMPACT: All subsequent year funding will be indicated as
a part of the Sheriff's Office annual budget submissions. If the
grant funds are terminated or other grant funding is not available
at the end of the grant period, future payroll costs will either be
absorbed through vacancies arising due to normal attrition, or
approval for funding or reallocation of any positions will be
requested from the Board.
RECOMMENDATION: That the Board of County Commissioners approve an
increase of fifteen sworn law enforcement positions in the 1998/99
and subsequent years Sheriff's Office budgets, endorse additional
COPS In Schools funding request documents, and authorize acceptance
of the award document for the nine original positions and the
fifteen additional positions when received.
PREPARED BY: ~
Captain Doug C e~'t6n,'Yout-h & Prevention Services
: ,~Don Hunter, Sheriff
DATE: May 7, 19 9 9
AGENDA I'f"l~M
MAY 2 5 1999
j h\a :xscis2 Pg,~
EXHIBIT "A"
COPS in Schools Program
FISCAL & LOCAL SHARE BY FISCAL YEAR
FISCAL FEDERAL LOCAL
YEAR PORTION MATCH TOTAL
1998-99 $ 620,190 $ 0 $ 620,190
1999-20 $ 642,240 $ 0 $ 642,240
2000-01 $ 612,570 $ 46,200 $ 658,770
$1,875,000 $ 46,200 $1,921,200
AGEI~DA ITEM
MAY 2 5 1999
pg, '-, )
COPS in Schools
! 3 year operating costs
........ ' for 24 COPS positions '
SEE BOTTOM OF PAGE FOR DETAILS ON 9 &15 L~
~' ~ ~ ] I
1998199 ~ $19991~000= 2000101 ~' ~001/02
Subtotal ~ 720~ 17280: 17280~ ~ 63480]
Operating Expenses ~ ~ ' ~ 0
Pre-Employment .... j .
pgr Djem-~qn[. SchOoJS .... ~ Or 24000!
Auto Insurance 0 4400 14400~ I 14400'
n e 1 0 24000~
24000
~AutS' Repair .... 7 ...... = ..... ~ ~ 1 "~ 12000 ~ 12000 ~
~ires~ Ba~{eries ....... ~ ........ ~ ' ~ 9600[ '~ 9600:~
CJOthing, Uniform~ ..... O; ~2o~o7~ oo
: 6 0~ 6000
Uniform Accessories O E 4800~ : 2400
240~
Fuels ~' L"bdcants'; ..... ~ ....... ~: 36000; i 36000; 3~
Minor operating ~ ~ ...... ~"~ 9600~ ~ 4800~ ' 4800~
Misc. Operating 0~ ~ 4800,, :, 2400i 2400~
~Uiti0~(A~ademy) .......... 12060~" ~2000~ ~ 0T 0~
SubtOtal .... 36000' ~ 170400e~ ~'~d~ 128400i
I
!
OCO : , ' 0 ~ O i
O~ Oj
MobliB a~ta co~FatSF~ ~ ..........~' 6ooob~ ~,~
TOTAL L 943680 145680 191880
~ r~ 3~'3'a8°
OPERATING COSTS/9 POSITIONS I 13770 , 54630 71955~
OPERATING COSTS/15 POSITIONS ~ 22950: 589800] 91050] 119925i
, 367201[ 943680~ 145680~
*includes eligible Match costs in Executive Summa~ J
j~a:ci~ratingoosts ~ T i '
AG~NDA ITEM
Ut
~?O y DATE RECEIVED:
ITEM N0: /
FILE NO.: _]~-[]C.-:~j~.~7.!;~.c
ROUTED TO: [ O U ~ 7 7 ~i-_. ~ i u n ~.,.;
DO NOT WRITE ABOVE THIS SPACE
REQUEST FOR LEGAL SERVICES
(Please type or print
Date: May 7, 1999
To: Office of the County Attorney, Attention: Thomas Palmer, Esq.
From: Crystal K. Kinzel , Finance Director
(Name) (Title)
Sheriff ' s Office Finance Division
( D i vis i on ) ( Department )
Re: COPS IN SCHOOLS GRANT ( Subject )
BACKGROIIND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, an
articulate).
On Noven~ber 14, 1998 the Board approved the Sheriff's Office application for
COPS In Schools grant funds. The Sheriff's Office is eligible to apply for
additional COPS In Schools funding. An increase in the number of budgeted
positions, the request for additional positions, Retention Plan,
Certifications, Assurances, and authorize acceptance of the award when
received.
(Are there documents or other information needed to review this matter? If yes, attach
and reference this information).
Yes. November 14, 1999 Executive Summary and other documents signed by Board Chair.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(if previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.
Legal approval of request. A~3E~IDAITEM
NO.~
OTHER com u s: MAY 2 5
C: Don Hunter, Sheriff
All req~aests must be copied to your appropriate Division Head ~ or Constitutional Officer.) Pg
jh/a: leCIS3 -
3301 East Tamiami Trail · Naples, Florida 34112-4977
John C. Noms (941) 774-8097 · Fax (941) 774-3602
District I ~.~..~.~.,
Jams D. Carter, Ph.D.
Distnct 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
District 5
LIPS Nex-tDav Air N4`38 ,3455 05 2
MaY 25, ] 999
COPS Universal Hiring Program
U.S. Department of Justice
1100 Vermont Avenue, NW
Washington, DC 205,30
Attn: Sara Wolf Re: ORI # EL0] 100
Grant Advisor COPS m Schools - Request/or Additional Officers
Dear Ms. Wolf:
"""' On November 25, 1998, the Collier Count' Shefitzt's Office (CCSO) submitted a grant application tbr funding tbr nine COPS In
:hools Officers. On April 23, 1999, Sheriff Htmter received notification from Senator Bob Graham of the COPS In Schools gant award.
flus letter serves as a request tbr COPS in Schools funding tbr an additional fifteen unbudgeted CCSO officers for Collier Count~' Schools.
The need tbr ftmds to support a significantly higher number of school o~cicers than was originally requested will enable CCSO to
provide at leas't one ol3cer in each of the 33 primary and secondan' schools in Collier County. With added COPS In Schools funding, this goal
will be achieved. As one of the lhstest growing areas in the country, and with a rapid increase in incidents of crime and violence and the t~ar
of crime and violence in and around schools, the seventy of violent school tragedies, nationally over the past year requires that xve continue
to be more proactive in preventing such occurrences in Collier Count'. Consideration to increase the total number of COPS in Schools
awarded positions from nine to twenty Ibur is appreciated.
Attached please find an executed Retention Plan, Assurances, and Certifications. If you have any questions or need additional
information regarding this request, please call the Sherigs Office Grant Coordinator Jovce Houran at 941-793-9346.
ONe/ Sincerely,
Collier County
Board Chainvoman
r. HrDon H~ter. ENDA ITEM
Collier Count' NO. ~,/.~ :~- ~-
Sheg
IAY 2 5 1999
Pg. (Z..
COLLIER COUNTY SBERIFF'S OFFICE
COPS GRANTS
RETENTION PLAN
The Collier County Sheriff's Office (CCSO) assumes a progressively
larger share of an officer's salary and fringe benefits each year over the
three years of the COPS AHEAD, COPS UNIVERSAL, and COPS in Schools grants,
leading to full-time retention of the officer at the conclusion of the grant.
CCSO has assurances from the local Board of County Commissioners that
officers will be retained. Executive summaries are submitted by the CCSO to
the Board of County Commissioners requesting increases in the number of CCSO
budgeted positions on COPS kHE]UD, COPS UNIVERSAL Hiring, COPS TO COMBAT
DOMESTIC VIOLENCE PROGRkM, and COPS in Schools grants. The Board has
approved all requests for current and subsequent year budget increases.
New recruits were not hired under the COPS MORE '95, COPS MORE '96, and
COPS MORE '98 grants as funding certified officers was unallowable under
these programs. Any full-time equivalencies (FTEs) as a result of the COPS
MORE grants are by currently employed Deputies.
When COPS grant project and program periods are over, the CCSO will
continue to fund the costs of maintaining, upgrading and/or replacing grant
funded equipment/technology in order to support community policing as
effectively as possible.
CCSO has a very aggressive and successful grant research program tha'
has resulted in continued funding of many grant projects. It is th~
Sheriff's Office intention to proceed with this method to fund additional
agency positions and maintain and procure technology/equipment enhancements
and upgrades of currently funded grant programs. Federal funding will be
pursued. Non-federal funding sources such as state grants, additional law
enforcement funding from private sources, including corporate, nonprofit and
foundation donations and grants will be sought. Should the referenced funds
not be available, solicitation of funds from the confiscated trust funds will
be sought. Should any of these funds not be provided, COPS positions and
costs of maintaining COPS programs will be included in applicable fiscal year
CCSO operating budgets.
Activities will continue on current grants after grant funds end. With
ex]perience, planned training, maintenance and enhancements, activities should
even increase after a grant period ends because of familiarity of the project
programs and advancements and speed associated with technology.
Pamela S. Mac' Kie ~ Don Hunter, Sheriff
Collier County Board Chairwoman
AGENDA ITEM'
May 25, 1999 May 7, 199!7
~ ~~ DWIGHT 5- 8ROC~, CL[~
_ ~. xpg.
(a) The dangers of drug abuse in the workplace; B. The grantee may insert in the space prvvided below the site(s)
CO) The grante~'s l:~licy of maintaining a drug-free workplace; for the performance of work done in connection with the specific
(c) Any available drug countling, rehabilitation and employ- Place of performance (street address, city, county, sum. zip code)
ee assistance programs; and
(d) The penalties tl~t may be imposed upon employees for
drug-abuse violations occurring in the workplace;
(iil) Making it a requirement that each employe~ to be Check fl if there are workplaces on file that are not identified
engaged in the performance of the grant be given a copy of here.
the statement requi_,~ by paragraph (0;
(iv) Notifying the employee in the statement ~ by Sec~on 67.630 of the regulations provides that a grantee that is a
paragraph (i) that, as a condition of employment under the
year, a copy of which should be included with each application
grant, the employee will -- for Department of Justice funding. S{ates and state agencies may
(a) Abide by the terms of the statement; and elect to use OJP Form 4061/7.
(b) Notify the employer in writing of his or her conviction for Check 111 ff the state has elected to complete O~P Form 4661/7.
a violation of a cnrnmal drug statute occurring in the work-
place no later than five calendar days after such conviction; 4. Coordination
(v) Notifying the agency., in wri~ag, within 10 calendar days The PubLic Safety Parmership and Community PoLicing Act of 1994
after receiving notice under subparagraph (iv)(b) fn:}m an requires applicants to certify that there has been approprLate coordi-
employee or otherwLse receiving actual notice of such convie nation with all agencies titat may be g by the applicant's grant
tion. Empbyers of convicted employees must provide notice, proposal ff approved. Affected agencies may include. among others,
including position title, to: COPS Office, I1(30 Verrt~nt Ave., the Office of the United States Attorney, state or local prosecutors, or
N'W, Washington, DC 20530. Notice sbk41 include the identffi- corrK'~onal agencies. The applicant certLfies that there has been .
cation number(s) of each ad/ected grant; appropriate coordination with all affected agencies.
(vi) Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (iv)Co), with 5. Non-Supplanting
respect to any employee who is so convicted --
The applicant hereby certifies that Federal funds will not be used to
(a) Taking appropriate personnel action against such an replace or supplant state or local funds, or funds supplied by the
employee, up to and mdudmg terrrunation, consistent with Bureau of Indian Affairs, that would, m the absence of Federal aid,
the mquinments of the Rehabilitation Act of 1973, as amend- be made available to or for law enforcement purposes.
ed; or
Co) Requiring such employee to participate satisfactorily in a 6. Retention
drug abuse assistance or rehabilitation program approved for
such purposes by a Federal, state or local health, law enforce- The appLicant hereby certifies that it understands that it must abide
merit or other appropriate agency; by its subnut'ted plan to x~ain the additional officer positions at the
conclusion of the grant period.
(vii) Making a good faith effort to continue to maintain a
drug-free workplace through implementation of paragraphs
(i), (ii), (iii), <iv), (v> and
Grantee Name and Address: Collier County Sheriff's Office, 3301 Tamiami Trail East, Bldq. J.
Naples, Florida 34112
Typed Nam de tLa 'EnforcementRepresentati~eiD~;Dnn M~r]ter, Sheriff
5igrmture: Date: 5/7/99
As the duly authorized rt'presentative of the governing body, I hereb~ certify that the t am binding the g, v~ganir~ Mi~ ~'~V~ ctrtij ca-
l
tions, including the plan to ~etain. Elections of new ojf'tcials will not relieve the gcroerning body of its ot t~, under this grant.
ed Name and Title of Goverru*nent Representative: Pamela 5. blac'Kie, Collier Cot ntv
SipDare: .... Date:
Approv~d as ~o forza .7: ie~,cd :~u21/:i 7. +7
U.S. Department of Justice _ '~9 .,_., ;'~'"~,
Office of Community Oriented Policin,~ Sen, ices ~ ~
Several provisions of Federal law and policy apply to all grant programs. We (the Office of C ram. ty Onen ed'Pohcmg Service~) need to
secure your assurance that you (the applicant) will comply with these provisions. If you would like further information about any of
the matters on which we seek your assurance, plea.~ contact us.'7 ='
By your authorized repre~ntat'ive's signature, you assure us and certify, to us that you will comply with all legal and administrative rt'qu. im-
merits that govern the applicant for acceptance and use of Federal grant funds. In pardcula~ you assure u~ that:
i. You have been legally and offdally authorized by the appropriate gender, disability or age, unlawfully exclude any person from partic-
governing body (for example, mayor or city. council) to apply for this ipation ~ deny the benefits of or employment to any person, or suly
grant and that the persons sigrurtg the application and these assur- ject any person to discrimination in connection with any programs
antes on your behalf are authorized to do so and to act on your or activities funded m whole or in part with Federal funds. These
behalf with respect to anv issues that may arise during processing of civil rights requirements are found in the non-discrimination provi-
this application. sions of the Omnibus Cr/rne Control and Safe Streets Act of 1968, as
amended (42 U5.C. § 3789(d)); Title VI of the Civil Rights Act of 1964,
2. You will comply with the pro~ions of Federal Iaw which litrUt as amended (42 US.C. § 20IX)d); the Indian Civil Rights Act (25 U.S.C.
certain polincal activines of your employees whose principal em- .~ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amend-
ployment is in connection with an activirv financed in whole or in ed (29 U.S.C. § 794); Title II, Subtitle A of the Americans w~th Disabil*
part with this grant. These resm~ons are set forth in 5 U.S.C. § 1501, ities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination
et seq. Act of 1975 (42. U.S.C. § 6101, et seq.); and Department ofjustice
Non-Di_qcrimination Regulations contained in Title 3, Parts 35 and
3. You will comply with the rmrumurn wage and maximum hours 42 (subparts C, D, E and G) of the Code of Federal Regulations.
provisions of the Federal Fair Labor Standards Act,, ff they apply to
you. A. In the event that any court or admirUstrative agent' makes a
finding of discrimination on grounds of race, color, religion,
4. '~bu will establish safeguards, ff you have not done so ah~ady, to nanopal origin, gender, disability or age against you after a c
prohibit employees from using their positions for a purpose that is, process hearing, you ag'ree to forward a copy of the finding to
or g~ves the appearance of being, monvated bv a desire for private Office of Civil Rights, Office of Justice Programs, 810 7th Street,
gain for themselves or others, pamcular[y those with whom they NW, Washington, IX: 20531.
have family; business or other laes.
B. If you are applying for a grant of f~500,000 or more and Depart-
5. You will g~ve the Departrr. ent of Jusnce or the Comptroller General ment regulations (~ CFR 42.301 et seq.) require you to submit an
access to and the right to examine records and documents related to Equal Opportunity, Employment Plan, you will do so at the time
the grant. of this application, ff you have not done so in the past. If you are
applying for a grant of less than $500,000 and the regulations
6. You will comply with all requirements imposed by the Depart- requi~ you to rnamtam a Plan on fie in your office, you will do
ment of Jusnce as a condttnon or adrrurustrative requirement of the so within I20 days of your grant award.
grant; with the program gn.udeiines; with the reqmrements of OMB
Circulars A-87 (governing cost calculalaons) and A-128 or A-133 (gov- 9. You will insure that the fadlilies under your ownership, Iease or
erarag audits); with the applicable provisions of the Omnibus Crime supervision which shall be utilized in the accomplishment of the
Control and Safe Streets Act, of 1968, as amended; with 28 CFR Part proiect are not listed on the Environmental Protection Agency's
66 (UrUaform Adrmrustrative Requu'ements); with the provisions of (EPA) list of Violating Facilities and that you will not'ff'v us if you ar~
the curr~nt edition of the appropriate COPS grant owner's manual; advksed by the EPA indicating that a fadli,ty to be used in this grant
and with all other applicable laws, orders, re,.m.~lahons or circulars. is under consideration for listing by EPA.
7. You v¢ill, to the ~_, tent prac'dcabie and consistent with applicable 10. If your state has established a review and comment procedure.
law, seek, m'cn~t a.'-..: i'ure qualified members of racial and ethrUc under Executive Order 12372 and has selected this program for
mmont2,'' ~oups and qualified women in order to b..u't, her effect:re rex;iew, you have made this applicatnon available for review by
law en/orcement by Increasing their ranks withjn the sworn posi- the state Single Point of Contact.
lions in your agent',,: ' A" ~NDA IT M ' ~
· ' 11. You will devise a plan ~ , rot ' li~e mcrease[cl~jnng I with
8. You v,412 not, on the ground of race, color, reli~on, national origin, state and local funds after '~e c~i~U'~on oLy. v.o~r~r~'~t-e~'
[ t~reb'F c~,.rt.i~ compliance zt,ith the above assuranc5 that govern the al2plication and use of Federal, rods. ~'~'~ c2 5 I'3 '
Signature: I~,e.'_ q
Pamela S. tvlac'Kj-e, Collier Courtly Board Chairwoman
II II
EXECUTIVE SUMMARY
RECOMMEND THAT TEE BOARD OF COUNTY COMMISSIONERS ENDORSE TEE
COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED
FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY APFAIR'S
ANTI-DRUG ACT FORMULA GRANT PROGRAM.
OBJECTIVE: To obtain the Collier County Commission's
endorsement of the Sheriff's Office grant application for funding
from the Florida Department of Community Affairs' Anti-Drug Abuse
Act Formula Grant Program for the Serious Habitual Offender
Comprehensive Action Plan (SHOCAP) Program.
CONSIDERATION= At the request of the State Department of
Community Affairs, the Collier County Commission agreed to be the
coordinating unit of government for the local application for the
Anti-DrugAbuse Grant application (April 13, 1999) Agenda Item 16
(H)2. The Collier County Sheriff's Office requests that the County
Commission execute the necessary documents to allow the formal
application be submitted for fourth year grant funding for the
SHOCAP Program's four positions.
FISCAL IMPACT= Seventy five percent (75% or $135,600) awarded by
State and twenty five percent (25% or $45,200) local matching funds
from Fiscal Year Budget of Fund 602 (Confiscated Trust Fund
reserves 602-919010-991000).
GROWTH IMPACT: This grant is a continuing four year grant program
that requires reapplication each fiscal year. If the grant funds
are terminated or other grant funding is not available at the end
of the fourth year, future payroll costs will either be absorbed
through vacancies arising due to normal attrition, or approval for
funding or reallocation of any positions will be requested from the
Board.
RECOMMENDATION: That the Collier County Commission endorse the
Anti-Drug Abuse Act- Formula Grant application for fiscal year
1999/2000, authorize acceptance of the award when received, and
authorize execution of the associated budget amendments upon award
of funding.
Captain Doug as E. Ca rton'
thd Preventive Services Division
[ ~V'~ ..... AGENDA
APPROVED BY: \
ri
DATE: r4ay 3, 1999 MAY ? 5 t999
,,0. 1.
ITEM NO: DATE RECEIVED:
-5 5: 9
DO NOT ~ITE ~OVE THIS SPACE ~_,~
REQ~ST FOR nEG~ SERVICES
(Please t~e or print)
Date: April 27, 1999
To: Office of the County AttOrney Attention: Thomas Palmer, Esq.
From: Crystal K. Kinzel _.. __, , Finance Director
(Name) (Title)
Sheriff's Office Finance Division
(Division) (Department)
Re: Anti-Drug Act Formula Grant Program application
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information be specific, concise, and
articulate) .
On April 13,1999, Agenda Item 16(H}2, the Commissioners agreed to act as the
local coordinating unit of government and endorsed the Certification of
Participation in the Department of Community Affairs' Drug Control and System
Improvement Program (Edward Byrne grant). The Sheriff is seeking Board
approval of the Byrne grant application for fourth year Serious Habitual
Offender Comprehensive Action Plan (SHOCAP) Program funding, to authorize
acceptance of the award when received, and to authorize execution of the
associated budget amendments upon award of funding.
(Are there documents or other information needed to review this matter? If yes, attach
and reference this information).
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number. )
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Legal approval of grant application.
~ ~AG~TTEM
MR CO S, \,,.,,, 1
CC: Don Hunter, Sheriff
All re~ests must be copied to your appropriate Division H,!ad
or Constitutional Officer.)
jh/a:lesh4y Pg.
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
Continuation of PreWous Subg~n~ 3 Yes ~ No ~ SFY 2000 DCA Contract Number
~; · . . ~ ......
' I-I ..... .................................................... · ......................................... : ...... :........,.
A. Names & Addresses
1. SubSrant Recipient
Name of Chief Elected O~cial Pamela S. Mac 'Kie
: Tit/e Chai~oman, Coflier Coun~ Commission
Address 3301 Tamiami Trail East, Building "F"
City, State, Zip Code Naples, Florida 34112
Area Code/Phone ~ 941-774-8393 SUNCOM ~ ;Area Code/Fax ~ 941-774-3602
774-8493
2. Chief Financial O~cer
Name of Chief Financial O~cer James M~chell
T~le Finance Director, Depu~ C/e~
Address 3301 Tamiami Trail East, Cou~ Plaza 111/2
C~, State, Zip Code 34112
Area Code/Phone ~ 941-774-6179 SUNCOM ~ lArea Code/Fa~ ~ 941-774-8356
74- 6179
3. Implementing Agency (Government Agency Responsible for Proiect)
Name of Chief Executive O~cia/ Don Hunter
Title She~ff
Address: 3301 Tamiami Trail East, Building "J"
'City, State, Zip Code Naples, Florida 34112
Area Code/Phone ~ 941-774-4434 SUNCOM ~ Area Code/Fax ~ 941'-774-5735
774-4434
4. Project Director and Contact Person, if different from Project D/rector
,rMust be Employeels) of Governmental Implementin~ A~ency]
I Name of Project D/rector Douglas E. Capedon
Title Captain, Youth Relations Bureau IE-Mafl Address N/A
Address 3301 Tamiami Trail East, Building "A"
City. State, Zip Code Naples, Florida 34112
Area Code/Phone # 941-793-9200 ~ SUNCOM # JArea Code/Fax # 941-793-9339
N/A
Name and Title of Contact Person Joyce Houran, Grant Coordinator
Address 3301 Tamiami Trail East, Building "J" [E-Mail Address
grants@colliershen'ff . org
City, State, Zip Code.' Naples, Florida 34112
Area Code/Phone # 941-793-9346 SUNCOM # Area I o
N/A i
~,.~-._,---._,,
NAY 2 5
Subgrant Apldica~on pg .~ sec~on II - Page 1 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
B. Administrative Data
1. Project Title (Not to exceed 84 characters, inc/uding spaces)
ISerious Habitual Offender Comprehensive Action P/an (SHOCAP) Program
2. For Period
Period Month Day Year
Beginning 10 1 1999
Ending 9 30 2000
3. Is the Subgrantee or the Implementing Agency a Member of a Local Cn'minal Justice Advisory Council or
Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a
description of board responsibilities.) x Yes Z~ No
C. Fiscal Data
1. 'If other than the Chief Financial Officer) Remit Warrant to:
Note.' If th.e subgrantee is participating in the State of Florida Comptro~er's Office electronic transfer
13ro_qram, reimbursement cannot be remitted to any other entity.
2. Method of Payment.' x Monthly ~7 Quarterly
(It is mandatory that the method selected be consistent throughout the entire grant period.)
3. Vendor # (Enter Federal Employer Identification Number of Subgrantee).'
59-6000-558
4. SAMAS # (Enter if you are a state agency)
5. Will the Project earn Project Generated Income (PGt) ? ~7 Yes x No
(See Section H., Paragraph 13 for a definition of PGI.)
6. Will the applicant be requesting an advance of federal funds ? 3 Yes x No
(If Yes, a letter of request must be attached.)
HAY 2 5 1999
Subgent Application Section II - Page 2 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
D. Program Data
Refer to the SFY 1999 BCA Grants Management Technical Assistance Workshop Manual, Section 5. Use this
as a guide to ass/st you in completing7 Section D.
Problem Identification Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking
funds to continue existing project activities, your problem statement must also provide a short summary of your
current program and describe any gaps between current and desired project results.
ProFiTam Description. Briefly describe how project activities will address the targeted problem. Describe who will
do what. when, where and how.
SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE
Start below and use continuation pages as necessary.
PROBLEM IDENTIFICATION
The specific problem to be addressed with continued federal Byrne Grant funds is the chronic juvenile
offender situation in Collier County, Florida.
The Collier County Sheriffs Office "Serfous Habitual Offender Comprehensive Action Program" will continue to
deal with a small percentage of the juvenile criminal population (approximately 4-6%) who are responsible for the
majority of crimes (over 50%). These habitual juvenile offenders, or "SHO's ", present a greater than normal threat to
the community. it is the position of taw enforcement. nationwide, that they be the focus of an enhanced and organized
effort to identify the serious habitual offenders and deal with them on a more informed basis. SHOCAP increases the
quality and relevance of information provided to authorities/n the juvenile and criminal justice systems to enable them
to make more informed decisions on how best to deal with the very small percentage of serious offenders.
National research projects and informal surveys have shown that for every 1,000 young people in contact with
law enforcement, 10% or 100, are arrested. Prosecutors commonly drop charges or reprimand about .50% of these.
leaving 50 cases. Of the 50 cases formally presented to the court intake, only about 50%. or25, are sent forward.
Unless a young offender has been arrested before, or the immediate offense is serious, less than 60%, or (12), will
referred to the court. Less than 50% of the cases presented result in the adjudication or determination of delinquent
status. Only six (6) will be found guilty. Of the six (6) sentenced, five (5) will probably be placed on probation. This
leaves only one (1)juvenile out of the 1,000 who will be incarcerated.
Since the implementation of the S HOCA P Initiative in Collier County during grant years 1996-97, 199 7-98, and
1998-99. the percentages of serious habitual juvenile ofenders that have been identified have consistently dropped
due to the effectiveness of this program. At the end of our fourth quarter in our 1997-98 grant year, we achieved an
a~ time low of only four (4) percent of all juveniles qualifying as SHO juveniles. This in comparison to the approximate
eight (8) percent figure when we first implemented the program in October of 1996 demonstrates a successful
program.
The SHOCAP Initiative in Collier County has created a community partnership through an interagency
agreement. With the sharing of information, the SHOCAP Unit has been able to compile detailed information on SHO
subjects that has enabled the Juvenile Justice System to impose informed, constructive controls and sanctions on
both first time violent felony offenders and habitual repeat offenders that are in the best interest of the child and the
community. Due to the constant exchange of information between the various partners, the offender is no longer able
to hide in that cloak of invisibility that has historically protected him/her.
In its first year of implementation in Collier County, the SHOCAP Initiative has enabled the community to
identify repeat offenders and those first time offenders that have committed serious violent ~Hm~s In the case of the
repeat offender, we have been able to place them under a microscope and analyze their t ~ston'e~~t~
sanctions upon them that are informed and beneficial to both the SHO subject and the cor,
first time offender, we have identified them and are controlling them through intense monlt ~ring and desi ned I ~,'
sanctions to prevent them from continuing in their criminal careers. The net result is that t le ser~j~itSa11999
Offender is no longer invisible to the community and the Juvenile Justice System and hisit er peers are receiving a
Subgrant App~a~bn
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
message that criminal activities wi// not be tolerated. Additional/y, our first time violent felony offenders are/earning
that we wi// not enable them to continue in their criminal careers by repeating the system's mistakes of the past.
During our second grant year, we have focused on an intense monitoring system that ensures accountability
and responsib/ity on the part of the Serious/-/abitua/Juvenile Offender. Juveniles that were previously placed in
programs during our first year of operation are now being re/eased and placed back in the community on Post
Community Control. These are the juveniles at the highest/eve/of risk. Once aftowed back into the community, we
must ensure that they do not gravitate back to their old itfesty/es and criminal peers, Our method of ensuring this is
through intense monitoring and personal interaction with the juvenile while they make these adjustments,
Midway through our third grant year, we are now seeing the results of those efforts. Juveniles that have
committed their first violent crimes are not reoffending. This is largely due to the extensive monitoring and personal
interaction that is taking place between those juveniles and the SHOCAP Initiative, Those Habitual Offenders who in
the past repeatedly committed crimes have either changed their /ifestyles or have been incarcerated for lengthy
periods of time.
The Collier County Sheriffs Office wishes to continue implementing the SHOCAP /nitiative goals by providing
the staff and equipment necessary to maintain the existing program instituted in grant fiscal years 1996-97, 1997-98,
and 1998-99. The continuance of this program is necessary in order to identify, track, monitor and bnng judicia/
attention to both the worst of the worst juvenile offenders as we//as those new offenders that are on the path of
becoming serious habitual offenders.
NAY 2 5 1999
P~
Subgrant Applicabon Section II- Page 4 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
PROGRAM DESCRIPTION
On November 15, 1995 Collier County was selected for inclusion in the Florida Serious Habitual Offender
Comprehensive Action Program (SHOCAP) Initiative. Byrne Grant awards commenced and continued since October
1, 1996. Collier County Sheriffs Office Captain Douglas E Caperton is the Collier County SHOCAP Coordinator.
SHOCAP is an information and case management program on the part of law enforcemnet, Juvenile Justice,
prosecutors, social services, corrections and other community service organizations. SHOCAP enables the juvenile
justice system to give additional focused attention toward juveniles who repeatedly commit serious crimes with
particular attention given to providing relevant case information for more informed dispositions.
In order to continue to focus on the magnitude of the serious, intense and time consuming efforts needed to
increase the number of prosecutions and convict/one, continued grant funding/s required to support the existing
unbudgeted positions and equipment. Continued funding is necessary for the SHOCAP Section Supervisors, one
Investigator, one analyst and one data entry clerk/secretary. There is also currenty another full-time SHOCAP
Investigator. This position was initiated in 1997/98 with Byrne Grant excess funds seed money. This position is now
fully financed thorugh the Collier County Sheriffs Office operating budget.
The existing staff will continue to augment the current juvenile programs that are reactlye by performing
additional, specialized tasks geared to increasing the number of serious habitual offenders arrested, identified and
prosecuted. The basic strategy will continue to coordinate and strengthen enforcement and prosecutorial activities at
key points in the juvenile justice process. Early identification, enhanced tracking of senous habitual juvenile offenders
and elevating their cases to a high priority will continue to be the cornerstone of this strategy. The program also
includes early identification of pre SHO habitual juvenile offenders for intervention and prevention of their becoming
serious habitual offenders.
The SHOCAP Section Supervisor is responsible for supervising all members assigned to the SHOCAP
Initiative. The Supervisor also conducts inspections to ensure that each file contains the required proper
documentation. The Supervisor publishes, month/y, a complete list of all juveniles that have been identified as senous
habitual offenders. The lists are distributed to a~ law enforcement agencies and other community partners on an as-
needed basis.
The SHOCAP Section Supervisor and Investigator use the powerful impact of visual aids in the training of the
community and all of the community partners. An intense effort is made to educate government, the business
community and the private sector about SHOCAP so that they can participate in the program and enhance its abilities.
The primary responsiblities of the SHOCAP Investigator is to create files containing an accurate profile or case
history, perform post arrest case enhancement, appear at court proceedings, assist in formulating informed sanctions
and perform intense monitoring on the identified serious habitual juvenile offenders.
The Investigator compiles, from community partners and other sources, any information pertaining to
identified SHO subjects. This information is placed in the subject's file and the GO- Trak database to document his/her
history for later use by the courts. In addition, the Investigator creates documents that identify serious habitual
juvenile offenders and distributes them as part of an ongoing sharing of information between the community partners.
The Investigator acts as a liaison between the SHOCAP office, the community partners and the juvenile justice system
in order to maintain a constant exchange of information.
The Investigator, Department of Juvenile Justice case managers, and the prosecuting attorneys examine
each SHO case in detail. They consider the quality and legality of the evidence, strengths and weaknesses of law
enforcement and civilian witnesses, technical problems, gaps in documentation and pose ~ ,,~,~EN'~'W,~r,~Mne
Investigator assists with any post case prosecution needs as well as attending all SHO s~ 5ject f~J~.rt appearances. ,
The Investigator provides the court with a comprehensive history on all SHO subjects an f assists in formulating ~. ~
informed sanctions upon conviction that are in the best interest ofthe juvenile and the co,, u
RAY 2 5 1999
Subgrant App~cation ' ~'ecuon II - Page 5 of 16
SFY 2000 Dr~g Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
The Investigator also assist the Sheriffs Office Victim Assistance Bureau and Court beison Section. The
Investigator ensures that all victims and witnesses on SHO cases are confident. well informed, comfortable and
available when needed. The Investigator assists with questions, courtroom and procedure orientation and
transportation to and from court appearances.
The SHOCAP analyst conducts daily screenings of juvenile arrests to identify serious habitual juvenile
offenders. The analyst then obtains the juvenile#s criminal history and evaluates it by entering it into one of the
SHOCAP databases. When the analyst identifies a nev~ or previously identified SHO subject, the analyst creates a file
or retrieves the existing one on the subject. The analyst then makes the basic information entrfes into the GOoTrak
database system and the file before passing it on to the SHOCAP Investigator.
In addition, the analyst obtains subject photographs and creates the notification form sent to the State
Attorneys Office advising them of a subject's classification as a SHO. The analyst collates all of the collected
information on SHO subjects and completes analysis on their trends of criminal activiites. The Investigator and the
community partners utilize this information to assist in proactively monitoring the SHO subject's activities. Both the
analyst and the Investigator maintain a strong working relationship with the community partners in order to encourage
a continual and efficient exchange of information on SHO subjects.
The SHOCAP data entry clerk/secretary is responsible for all necessary data entry tasks on SHO subjects.
These areas include, but are not limited to past arrests, field interview reports, school attendance, grade and discipline
reports, contacts with the Departments of Juvenile Justice, Children and Family Services and any other data
necessary to create a complete profile on the serious habitual juvenile offender.
The data entry clerk/secretary also assists the analyst in the preparation of SHO subject profiles. The data
entry clerk/secretary's primary responsibility in this area is in the maintenance of the computerized and hard copy files
kept by the SHOCAP section.
In summary, the Collier County Sheril"rs Office proposes that the current four (4) positions be funded so that
the success rate of local serious habitual juvenile offender prosecutions continues.
AGENDA~IT;EM
No. ~(~"
t, IAY 2 5 1999
Pg.
Subgrant Application Section fi- Page 6 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
INTENTIONALLY LEFT BLANK
AGE~_,pA.I, LT M
NO. I 3- ,,~,~,,,
NAY 2 5 1999
Subgrant App~cafion Section II - Page 7 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
D.Program Data (Continued)
Activities Implementation Schedule. Complete the Activities Implementation Schedule showing when
activities in the Program Description will commence and how the project will progress. This chart
benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for
reports that are mandatory for all projects. Place an additional "X" to indicate ones applicable to your
project. Delete the activity/action that does not apply to your project; i.e., if your project does not earn PGI,
delete that activity from this schedule. '
ACTIVITIES IMPLEMENTATION SCHEDULE
Subgrant Period
(Beginning Date - Ending Date)
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
ACTIVITY/ACTION
Submit Monthly Claims
X X X X X X X X X X X X
(Financial Reimbursement
Submit Quarterly Claims
X X X X
(Financial Reimbursement
Submit Financial Closeout
Package
--"-- Submit Quarterly Program Reports X X X X
Submit Quarterly PGI Reports N/A
(If applicable)
Publish complete list of SHOs X X X X X X X X X X X X
Screen All Juvenile Arrests for
X X X X X X X X X X X X
Identification of SHOs
Appear at Hearings, X X X X X X X X X X X X
Arraignments, Tdals &
Survey Databases to Identify X X X X X X X X X X X X
Most Dangerous SHOs for
Enter/Updated Data on All
X X X X X X X X X X X X
Identified SHOs
AGENDA ITEM
NO,.- i/,~ -'~ ~
NAY 2 5 1999
pg,_{ C
Subgrant Apl~at~n SectiOn II - Page 8 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
E. Program Objectives and Performance Measures
Complete uniform program objectives and performance measures (found in Appendix V) for the
federally authorized program area you want to implement. Your application is not complete without them
and an incomplete application will not be considered for subgrant funding.
If~e program area you selected does not have, uniform program objectives published in this document
or if you cannot relate your objectives to those stated, contact Tom Bishop at 850/488-8016 for
further instructions. DO NOT mix objectives from different Program Areas.
Start below and use continuation pages as necessary.
PROGRAM OBJECTIVES AND PERFORMANCE MEASURES
Program Objective 16.A.1 Review 1500 juvenile criminal cases and, using SHOCAP criteria, identify
offenders who meet these criteria.
Program Objective 16.A.2 Investigate, track, and monitor 7._~0 juvenile SHOCAP offenders, especially
those who are on community control.
Program Objective 16.A.3 Charge and prosecute 30 juveniles as SHOCAP Offenders.
Program Objective 16.A.4 Meet quarterly with community partners to exchange information on SHOCAP
offenders including criminal activity, school attendance, discipline problems,
etc.
Program Objective 16.A.5 Publish a listing of SHOCAP offenders, updated monthly, and disseminate it
among community partners.
AGE ~A..I_fTEM
No.- ~,r -
MAY 2 5 1999
Subgrant Application Section II - Page 9 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
F, Project Budget Narrative
You must descdbe line items for each applicable Budget Category for which you are requesting
subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition,
descdbe specific sources of matching funds.
Start below and use continuation pages as necessary.
SALARIES & BENEFITS:
Regular Salaries $126,600
Ove~me 4,200
Incentive 3,200
Social Security (7.45%) 10,200
Retirement- High (21.08%) 19,400
Retirement - Low (10. 15%) 4,200
Health Insurance 9,200
Life Insurance (. 0033%) 500
Workers Compensation (.257 &3.38%) 3,300
180, 800
CONTRACTUAL SERVICES 0
EXPENSES 0
OPERATING CAPITAL OUTLAY 0
DATA PROCESSING
INDIRECT COSTS 0
GRAND TOTAL $180,800
These project costs are necessary and reasonable for proper and efficient project administration and
implementation and NO T a general expense to carry out overall responsibilities.
The Salary and Benefits Category includes the specified benefits on both regular salaries and overb'me.
Pursuant to Section 932 705 (4)(a) Florida State Statute, required matching funds of 25% of the projects
federal costs will be provided by the Confiscated Trust Fund.
Purchasing methods conform to existing laws, regulations and procedures. Net of all applicable credits
does not apply. Allowable project costs will be expended or obligated during the approved subgrant period.
The positions cor~nue ~e net personnel increase established during the initial years of the grant program.
Cost principles pursuant to OMB Circular A-87; Uniform Administrative Requirements pursuant to C)MB
Circular A-102; and Audit of Federal Grants requirements pursuant to OMB Circular A-133 are followed.
AGENDA iTE. M
MAY 2 5 1999
Subgrant AplYica~on Secb~n II - Page 10 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
G. Project Budget Schedule
The Project Budget Schedule includes six Budget Categories (Salaries and Benerrts, Contractual Services, Expenses. Operating
Capital Outfay(OCO), Dafa Processng Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum
'of :25% of the Total Budget.
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category Federa~ Match Total
Salaries And Beneffis 135,600 45,200 180,800
Contractual Services 0 0 0
Expenses 0 0 0
Operating Capital Outlay 0 0 0
Data Processing 0 0 0
Indirect Costs 0 0 0
Totals 135,600 45,200 180,800
Overtime in the Salaries and Bene. ftts Category line item includes benefits on both regular salary and overtime.
The positions continue the net personnel increase established during the inith"~ years of the grant program.
NAY 2 5 1999
Subgrant Application Sec#on II- Page 11 of 16
DATE REVISED: 3-May-99,, I
USERS: iJ.Houran r
DEVELOPER: J.Houran ~
) ,
Purpose: SHeCAP budget projections: S'HO Supervisor & Investigator w/5% OT;secretary & crime analyst w10% OT
File Name: a:sho9900bud.qetwlthsecretsry&21nv(~,5%ot ~ ~
1999/2000 Byme Grant - SHOCAP - 4th year/final
~ rounded to fiBrest ~00
Salaries and Benefits ~ ,
i 0.~1015 ' hi,qh =
.~q.~ar i ~ ~ I 0.0765: 0.2~0S ~00 r 0.003510.0338 ',
Employees ', rSalary Overtime ilncentive ~ FICA iRetirement Health Ins. iLife/Dism ~ W/C I TOTALS
Shocap Supervssor 46,000.00 2,300.00 ~ 1,600.00 ! 3.800.00 ~ 10,500.00 2,200.00 ~ 200.00:1,700.00 ! 68,300.00
Investigator ~ 38,800.00 1,900.00 1,600.00 } 3,200.00 ~ 8,900.00 ~ 100.00i 1,400.00! 55,900.00
Secretan/I i 18.900.00 ~ ~[ 1,400.00 ~ 1,900.00 4 4,800.00 ~ 100.00i 100.00!' 27,200.00
Cdme Analyst 22.900.00 __ .--r 1,800'001 2'300'00 ~i 2.200.00 ~ 100.00! 100.00i 29,400.00
TOTALS i I 126,600.00 4,200.00! 3,200.00 ; 10,200.00 23,600.00 9,200.00 ] 500.00 ! 3,300.00 180.800.00
75% Fed Portion 94,950.00! 3,150.00 2,400.00J 7,650.00 17,700.00 6,900.00i 375.00] 2,475.00i135,600.00
Total Sal/Be'n. , 126,600.00 4,200.00 i 3,200.00 10,200.00 i 23,600.00 I 9,200.00i 500.00; 3,30Q00 i 180,800.00
AGEN~A ITEM
FIAY 2 5 1999
Pg. ] L(
PROjECT BUDGET NARRATIVE
SALARIES & BENEFITS:
SBOCAP SECTION SUPERVISOR $68,300
The SHOCAP Section Supervisor will be
responsible for: supervising all members
assigned to the SHOCAP initiative, con-
duct file inspections to ensure required
documentation, publish complete and dis-
tribute monthly lists of serious habitual
juvenile offenders, prepare aids for and
attend trials to project State's case.
INVESTIGATOR $55,900
The SHOCAP Investigator (Certified Deputy)
will be responsible for:
identifying serious habitual juvenile
offenders, tracking the designated SHO
juveniles, aid in preparation of trail
mediums, monitor and support other bur-
eaus or agencies, perform post arrest
case enhancement, appear at court pro-
ceedings, follow the records of convict-
ed juveniles into and out of juvenile
justice system, examine SHO cases in
detail, investigate the quality and
legality of evidence, of police and
civilian witnesses, technical problems,
gaps in documentation and possible de-
fenses, provide comprehensive profiles
for the juvenile justice system, align
with prosecution to project a respon-
sible and unified posture to the Court,
the defense, the jury and the community,
appear at hearings, arraignments, trials
and sentencings, seek bonds, commitments,
and courtroom assistance when appropri-
ate, work with Victim Assistance Bureau
and Court Liaisons.
S.HOCAP DATA INPUT CLERK/SECRETARY $27,200
The SHOCAP Data Input Clerk will be - . ..
all necessary data entry tasks related
to past arrests, field interview reports,
school attendance and discipline, con- MAY 2 5 1399
....
tacts with DJJ, HRS and other data nec-
essary to create a complete profile of
the serious habitual juvenile offenders,
assist the Analyst in the preparation
of background juvenile profiles, main-
tenance of computerized and hard copy
files of the SHOCAP Section.
$EOCAP ANALYST $29,400
The SHOCAP Analyst will be responsible for:
conducting daily screening of juvenile
offenders to identify the serious habit-
ual offenders, prepare case referral
packages, notify the Investigator of new
or previously documented serious habitual
offenders, search all available data bases
to identify the most dangerous and active
serious habitual offenders for pro-active
investigations, maintain working relation-
ships with community partners.
SALARIES AND BENEFITS $180,800
CONTRACTUAL SERVICES $ 0
EXPENSES $ 0
OPERATING CAPITAL OUTLAY $ 0
DATA PROCESSING $ 0
INDIRECT COSTS $ 0
GRAND TOTAL $180.800
' AGENDA
jh/a:spn4a MAY 2 5 1999
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
H. Acceptance and Agreement
All persons involved in or having administrative responsibility for the subgrant must read these
"Acceptance and Agreement" conditions, This "Acceptance and Aqreement" (Section H) must be
returned as part of the completed application.
Note Condition No. 12: Only project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible for
reimbursement.
Condffions of Agreement. Upon approval of this subgrant, the approved application and the following
terms of conditions will become binding. Non-compliance will result in project costs being
disallowed.
The term "department", unless otherwise stated, refers to the Department of Community Affairs. The
term "Bureau", unless otherwise stated, refers to the Bureau of Community Assistance.
The term "subgrant recipient" refers to the goveming body of a city or a county or an Indian Tdbe which
performs criminal justice functjons as determined by the U.S. Secretary of the Interior, and includes an
"implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency
under the direction of an elected official (for example, Shedff or Clerk of the Court).
1. Reports
a. Project Performance Reports:
The redpient shall submit department Quarte~y Project Performance Reports to the Bureau by
February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date.
In addition, if the subgrant award period is extended beyond the "original" project period,
addtonal Quarte~y Project Performance Reports shall be submitted.
b. Financial Reports:
The recipient shall have a choice of submitting either Monthly or Quarterly Financial Claim
Reports [DCA-CJ Form-3(A-G) Revised 09/98] to the bureau. Monthly Reimbursement
Claim (f-11) are due thirty-one (3f) days after the end of the reporting period. Quarterly
Reimbursement Claim (1-3) are due thirty-one (3f) days after the end of the reporting
period. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout
Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination
period. Such claim shall be distinctly identified as "final".
Before the "final" claim will be processed, the recipient must submit to the department all
outstand~J project reports and must have satisfied all special conditions. Failure to comply with
the above provisions shall result in forfeiture of reimbursement.
The recipient shall submit department C?uarterfy Project Generated Income Reports to the bureau
by February 1, May f, August 1, and within forty-five (45) days after the subgrant termination
date covering subcJrant project generated income and expenditures during the previous quarter.
c. Other Reports:
required reports, instructions, and forms shall be distributed with ~e subgrant award.
2. Fiscal Control and Fund Accounting Procedures _ F~g, .._.. .1.'''~- --
The recipient shall establish fiscal control and fund accounting procedures that assure proper
Subgrant App~cation Section II - Page 12 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
disbursement and accounting of subgrant funds and required non-federal expenditures. All funds
spent on this project shall be cisbursed according to provisions of the project budget as approved by
the bureau,
Subgrant Applca~On Sec~n 11 - Page 13 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
All expencrn~res and cost accounbhg of funds shall conform to Office of Justice Programs Financial
Guide, U.S. Depar~nent of Justice Common Rule for State and Local Governments, and in federal
Office of Management and Budgets tOMB) Circulars A-21, A-87, and A-110, in their enb~ety).
All funds not spent according to this agreement shall be subject to repayment by the recipient.
3. Approval of Consultant Contracts
The depar~nent shall review and approve in wribhg all consultant contracts prior to employment of
a consultan~ Approval shall be based upon the contracts compliance with requirements found in the
Office of Jusb~e Procjrams Financial Guide, U.S. Department of Justice Common Rule for State and
Local Governments, and in applicable state statutes. The departments approval of the recipient
agreement does not constitute approval of consultant contracts.
4. Allowable Costs
Allowance for costs incurred under the subgrant shall be determined according to "General Principles
of Allowability and Standards for Selected Cost Items" set fofih in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and
federal OMB Circular No. A-87, "Cost Principles for State and Local Governments~, or OMB Circular
No. A-21, "Cost Principles for Educational Institutions ~.
All procedures employed in ~ use of federal funds to procure services, supplies or equipment, shaft
be according to U.S. Departrnent of Justice Common Rule for State and Local Governments, or
Attachment "0" of OMB Circular No. A- 110 and Florida law to be eligible for reimbursement.
5. Travel
All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon
written approval of the department prior to commencement of actual travel.
The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112. 061, Florida Statutes.
All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes.
6. Written Approval of Changes in this Approved Agreement
Recipients shall obtain approval from the department for major changes. These include, but are not
limited to:
a. Changes in project activities, designs or research plans set forth in the approved agreement,'
b. Budget deviations that de not meet ~e following criterion. That is, a recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10)
percent of the total approved budget and the transfer is made to an approved budget line item;
or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the department.
d. Under no circumstances can bansfers of funds increase the total budgeted award. Transfers do
not allow for increasing the quantitative number of items documented in any approved budget line
item. (For example, equipment items in Operating CapItal Outlay, ,r
positions in the Salaries and Benefits category.) ' AGENDA' ITEM
No.
7.Reimbursement Subject to A vailable Funds
federal Anti-Drug Abuse Act funds.
Pg.
Subgrant Applica~on Section II - Page 14 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
8. Advance Funding
Advance funding is authorized up to twenty-five (25) percent of the federal award for each project
accorclng to Section 216. 181(14)(b), Florida Statutes (1991); the Office of Justice Programs Financial
Guide, U.S. Department of Justice Common Rule for State and Local Governments. Advance funding
shall be provided to a recipient upon a written request to the alepertinent justifying the need for such
funds. This request, including the justification, shall be enclosed with the subgrant application.
9. Commencement of Project
~f a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient
shall send a letterto the bureau indicating steps to initiate the project, reasons for delay and request
a revised project starting date.
If a project has not begun within ninety (gO) days after acceptance of the subgrant award, the
recipient shall send another letter to the bureau, again explaining reasons for delay and request
another revised project starting date.
Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is
jus~fied or shall, at ils Gfscre~n, unilaterally terminate this agreement and re-obligate subgrant funds
to other department approved projects. The department, where warranted by extenuating
circumstances, may extend the starting date of the project past the ninety (90) day per/od, but only
by formal written amendment to this agreement.
10. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the recipient and a contractor (which
includes all project budget categories) shall be in writing for a perrod not to exceed six (6) months and
is subject to the same terms and conditions set forth in the initial contract. Only one extension of the
contract shall be acceptable, unless failure to complete the contract is due to events beyond the
control of the contractor.
11. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason of any
failure in performance of this agreement according to its terms (including any failure by the recipient
to make progress in the execution of work hereunder which endangers such performance) if such
failure arises out of causes beyond the control and without the fault or negligence of the recipient.
Such causes include but are not limited to acts of God or of the public enemy, acts of the government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, stn'kes,
freight embargoes, and unusually severe weather, but in every case the failure to perform shall be
beyond the control and without the fault or negligence of the recipient.
If failure to perform is caused by failure of a consultant to perform or make progress, and if such
failure arises out of causes beyond the control of recipient and consultant, and without fault or
negligence of either of them, the recipient shall not be deemed in default, unless:
a. Supplies or services to be furnished by the consultant were obtainable from other sources,
b. The department ordered the recipient in wri~g to procure such supplies or services from other
sourCes, and
c. The recipient failed to reasonably comply with such order.
Upon request of the recipient, the department shaft ascertain the facts and the extent of such
failure, and if the department determines that any failure to perform was occasioned by one or.
more said causes, the deftvery schedule shaft be revised accordin i;y. i "' AI~T~
I'; AY 2 5 1999
Subgrant Application Section II - Page 15 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
12. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the grant period. Only project costs incurred on or after
~e effective date and on or prior to the termination date of the recipient's project are eligible
for reimbursement. A cost is incurred when the recipients employee or consultant performs
required services, or when the recipient receives goods, notwithstanding the date of order.
13. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the recipient during the subgrant period, as a
direct result of the subgrant award. Program income shaft be handled according to the Office of
Justice Programs Financial Guide, U.S. Department of JusZ~e Common Rule for State and Local
Government. Reference: The Cash Management improvement Act of 1990).
f4. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the recipient,
the recipients consultants and suppliers, or both, the department shall impose sanctions it deems
appropriate including withholding payments and cancellation, termination or suspension of the
agreement in whole or in part. In such event, the department shall notify the recipient of its decision
thirty (30] days in advance of the effective date of such sanction. The recipient shaft be paid only for
those services satisfactorily performed prior to the effective date of such sanction.
f5. Access To Records
The Department of Community Affairs; the U.S. Depariment of Justice, Office of Justice Programs,
Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller
General or any of their duly authorized representatives, shaft have access to books, documents,
papers and records of the recipient, implemenbhg agency and contractors for the purpose of audit
and examination according to the Office of Justice Programs Financial Guide, U.S. Department of
Justice Common Rule for State and Local Government.
The department reserves the right to unilaterafty terminate this agreement if the recipient,
implementing agency or contractor refuses to allow public access to aft documents, papers, letters,
or other materials subject to provisions of Chapter 1 fg, Florida Statutes, and made or received by
the recipient or its contractor in conjunction with this agreement.
16. Audit
a. Recipients that expend $300,000 or more in a year in Federal awards shall have a single or
program-specific aucrit conduded for that year. The audit shall be performed in accordance with
the federal OMB Circular A- 133 and other applicable federal law. The contract for this agreement
shaft be identified with the subject audit in The Schedule of Federal Financial Assistance. The
contract shall be iderrdfied as federal funds passed-ffirough the Florida Department of Community
Affairs and include the contract number, CFDA number, award amount, contract period, funds
received and disbursed. VVhen applicable, the recipient shall submit an annual financial audit
which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters
10.550 and 10.600, Rules of the Florida Auditor General
b. A complete audit report which covers any portion of the effective dates of this agreement must
be submitted wiffiin 30 days after its completion, but no later than nine (9) months after the audit
period. In order to be complete, the submitted report shaft include any management letters
issued separately and managements written response to aft findings, both audit report and
management letter finofngs. Incomplete audit reports will not be accepte f bv fh~ d,,r~H~ .......
- 1TEM
will be returned to the recipient. AGENDA _ w
c. The recipient shaft have aft audits completed by an Independent Pubh ' Accountant (IPA). The
IPA shall be either a Certified Public Accountant or a Licensed Public, iccouf~ra,~l'. 2 5 ~99
d. The recipient shaft take appropriate corrective actibn within six (6] me ,ths of the issue date of
the audit report in instances of noncompliance with federal laws and re ulations. r~ {
Subgrant App~cation Section II - Page 16 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
e. The recip~nt shaft ensure that aucit working papers are made available to the department, or its
designee, upon request for a period of three (3) years from the date the audit report is issued,
unless extended in wribhg by the department.
f. If this agreement is closed out without an audit, the department reserves the right to recover any
disallowed costs identified in an audit completed after such closeout.
g. The completed audit reports should ~re sent to the following address:
Depertment of Community Affairs
Office of Aucrrt Services
2555 Shumard Oak Boulevard
Sadowski Building
Tallahassee, Florida 32399-2100
17. Procedures for Claim Reimbursement
All claims for reimbursement of recipient costs shall be submitted on the DCA-CJ Form 3(A-
G), Revised 09/98, prescribed and provided by the bureau. A recipient shaft submit either
monthly or quarterly claims in order to report current project costs.
All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
18. Retention of Records
The redpient shall maintain all records and documents for a minimum of three (3) years from the date
of the final financial statement and be available for audit and public disclosure upon request of duly
authorized persons.
19. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial
Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal
OMB Circular A-110, Attachment N, Paragraph 8.
20° Property Accountability
The redpient agrees to use all non-expendable properly for criminal justice purposes during its useful
life or request department disposition.
The redpient shaft establish and administer a system to protect, preserve, Use, maintain and dispose
of any property fumished to it by the department or purchased pursuant to this agreement according
to federal property management standards set forth in the Office of Justice Programs Financial
Guide, U.S. Department of Justice Common Rule for State and Local Government) or the
federal OMB Cimular A-110, Attachment N. This obligation continues as long as the recipient retains
the property, notwithstanding expiration of this agreement.
21. Disputes and Appeals
The department shaft make its decision in writing when responding to any disputes, disagreements
or questions of fact arising under this agreement and shall distribute its response to all concerned
parties. The recipient shaft proceed diligently with the performance of this agreement according to
the depertmenf s decision.
If the recipient appeals the depertrnent' s decision, it also shaft be made in writing within twenty-one
(21) calendar days to the departments clerk (agency clerk). The recipients right to appeal the
departments decision is contained in Chapter 120, Florida Stat~,~
in Rule 28-106. 104, Florida Administrative Code. Failure to appeal w in ~O0~stitut~
a waiver of proceedings under Chapter 120, Florida Statutes.
NAY 2 5 1'3 9
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
22. Conferences and InspedYon of Work
Conferences may be held at the request of any party to ~is agreement. At any b~ne, a representative
of the bureau, of the U.S. Department of Justice Bureau of Justice Assistance or both have the
privilege of visiting the project site to monitor, inspect and assess work performed under this
agreemenL
23. Publication or Print~hg of Reports
a. Before publication or prinbhg, a final draft of any report required under or pertaining to this
agreement shaft be sent to the department for its review and comment.
b. Pubr~;ations or pdnted reports covered under a. above shaft include the following statements on
the cover page:
(1) "This report was prepared for the Florida Department of Community Affairs, Steven M.
Seibert, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice
Assistance." The next printed line shall iden~ the month and year the report was published.
(2) "This program was supported by grant # awarded to the
Deparbnent of Community Affairs, State of Florida, and by the Bureau of Justice Assistance
(BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The ELlA is a
component of OJP which also includes the Bureau of Justice Statistics, National Institute of
Justice, Office of Juvenile Justice and Delinquency PreventiOn, and the Office for Victims of
Crime."
(3) 'Points of view, opinions, and contusions expressed in this report are those of the recipient
and do not necessarily represent the official position or policies of the State of Florida
Department of Community Affairs, the U.S. Department of Justice, Office of Justice
Programs, or any other agency of the state or federal government.
24. Equal Employment Opportunity (EEO)
No person, on the grounds of race, creed, color or national origin shaft be excluded from participation
in, be refused benefits of,, or otherwise subjected to discrimination under grants awarded pursuant
to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; TTtle
IV of the CMI Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended,' 77tle IX
of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of
Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
The redpient and a criminal justice agency that is the implementing agency agree to certify that they
either do or do not meet EEO program criteria as set forth in Section 50t of The Federal Omnibus
Crime Correol and Safe Streets Act of 1968 as amended and that they have or have not formulated,
implemented and maintained a current EEO Program. Submission of this certification is a
prerequisite to entering into this agreement. This certification is a material representation of fact
upon which reliance was placed when this agreement was made. If the recipient or implemenb~g
agency meet Act criteria but have not formulated, implemented and maintained such a current written
EEO Program, they have 120 days after the date this agreement was made to comply with the Act
or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979,
Pub. L 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and
28 CFR Secb~n 42.207 Compliance Information).
Any state agency, county or city receiving $500,000 or more in federal Anti-Dru,q Abuse Act. fu,n,,ds ,
shaft submit its equal employment opportunity plan, and/or the mo,~t rec~~l'~lffi its
application, for submittal to the U.S. Department of Justice, Bureau of Justi ;e As!~.ar~ce for a_DDrOy~l.
25. Americans with Disabilities Act 1990 MAY 2 5 1999
Subgrantees must comply with the requirements of the Americans ~ith Disabilib~s Act (ADA),
Public Law 101-336, which prohibits discrimination by public and priv ite entifies on the basis of
c~sability and requires certain accommodations be made with regard to eml ~loy41~lt (Td!~ I)..~f~f~ p.z~rY
local government services and transportation (T/tie ft), public acco~Tmoclatlons ( l/tle III), and"
Subgrant App~cation Section~ll ~age 18 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
telecommunicafions (Trtle IV).
AGENDA ITEM
No, t~,- ~, ~
r, tAY 2 5 1,~99
Subgrant App~icaUon Section II - Page 19 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Eclward Byrne Memorial State and Local Assistance
26. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operabhg Policies is to assure that recipients of federal funds for the principal 13urDose of operating
a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415,
Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-115, and Pub. L. 96-157), use those funds in conformance
with the privacy and constitutional rights of individuals.
The recipient and a criminal justice agency that is the implementing agency agree to certify that they
operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28
CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice
AsSistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite
to entering into this agreemenL
This certification is a material representation of fact upon which reliance was placed when this
agreement was made. If the recipient or criminal justice agency operates a criminal intelligence
system and does not meet Act and federal regulation criteria, they must indicate when they plan to
come into compliance. Federal law requires a subgrant-funded criminal intelligence system project
to be in compliance with the Act and federal regulation prior to the award of federal funds. The
recipient is responsible for the continued adherence to the regulation geveming the operation of the
system or faces ~e loss of federal funds. The deparlmenrs approval of the recipient agreement does
not constitute approval of the subgrant funded development or operation of a criminal intelligence
system.
27. Non-Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12549, Debarrnent and Suspension (34 CFR,
Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to
certify it shall not enter into any lower b~red covered transacbbn with a person who is debarred,
suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction,
unless authorized by the department.
28. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contT~Tgent upon
an annual appropHab'on by the Florida Legislature.
29. Federal Restrictions on Lobbying
The recipient agrees to comply wilY? Section 319 of Public Law 101-121 set forth in "New Restrictions
on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register.
Each person shall file the most current edibbn of this Certification And Disclosure Form, if applicable,
~ each submission that in'fffates agency consideration of such person for award of federal contract,
grant, or cooperative agreement o f $100, 000 or more; or federal loan of $150, 000 or more.
This certification is a material representation of fact upon which reliance was placed when this
acJreement was made. Submission of b~is certil~cation is a prerequisite to entering into this agreement
subject to conditions and penalties imposed by Section 1352, 7~tle 31, United States Code. Any
person who fails to file the required certification is subject to a civil penalty not less than $10, 000
and not more than $100,000 for each failure to file. ~GE'NDA ITE~,M_~ '
The undersigned certifies, to the best of his or her knowledge and belief, ll
a. ,Vo r ral, y appeared funds have been paid or shall be paid to any I ersoJ }' 'Yna' JP; '3r
aitemplfn~ to influence an officer or employee of any federal agency, a i ;ember of congress, an
officer or employee of concjress, or an employee of a member of congre,' s in connection with the
awardin~ of any federal loan, the enterin~ into of any renewal, amendmel ~, O~q~o~ HifTnRfion of any
federal contract, grant, loan or cooperative agreement.
Subgrant Application SecObn II - Page 20 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
b. If any non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence 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 the standard form, Disclosure of Lobbying Activities,
according to its instructions.
c. The undersigned shall require that .fhe language of this cen'ff/cation be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and
disclose accordingly.
30. State Restrictions on Lobbying
In adorn to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the
expencr~ture of funds for the purpose of lobbying the legislature or a state agency is prohibited under
this contract.
31. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for propusa/s, bid solicitations, and other
documents descnbing projects or programs funded in whole or in part with federal funds, all grantees
and recipients receiving these federal funds, including but not limited to state and local governments,
shall c/early state:
a. The percentage of the total cost of the program or project that shall be financed with federal
funds, and
b. The dollar amount of federal funds to be expended on the project or program.
32. Background Check
It is s~'ongly recommended that all programs targeting juveniles, implemented by other than a sworn
law enforcement officer or program licensed by the DepanYnent of Health and Rehabilitative Services,
conduct background checks on all personnel providing direct services.
33. Immigration and Nationality Act
No public funds will interrdonally be awarded 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 lmmigrab~n and Nationality Act ('fNA '~. The Departrnent shaft
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violab~n by the subgrant recipient of the employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Deparfrnent.
34. Drug Court Projects
A Drug Court Project fundedby the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidefines 'Defining Drug Courts: The Key Components '~ January 1997. This document
can be accessed on the Office of Justice Programs World WTde Web Homepage:
http ://www. ojp. u s doj. job.
AGENDA ITEM. '
No, t/--~ *~;/*~
P- AY 2 5 I6,f9
Subgrant Appiicabon Sec#on II - Page 21 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
!. Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth in this
agreement, have read and understand the agreement in its enb~ety and have executed this agreement
by their duly authorized officers on the date,.rnonth and year set out below.
Corrections on this page, including
strike-overs, whiteout, etc., are not acceptable.
State of Florida
Department of Community Affairs
Bureau of Community Assistance
By:
Type Name and Title:
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
By:
Type Name and Title: Pamela S. Mac 'K/e, Chairwoman, Collier County Commission
Date: FEID Number: 59-6000-558
Implementing Agency
~c#al ~~ator or Des;gnated Representative
er, Sheriff
AG EN DA~ I'tE'M* '
Date: 5/5/99 No, ~- Q' ~r- ~
NAY 2 5 1999
DWIGHT' E. BROCK, CLERK P~ ~c/bL----""' .....
A~i~tant Count~? Atte-'.';~'S
Subgrant App~ca~on SecObn ~ - Page 22 of 16
3301 East Tamiami Trail · Naples, Florida 34112-4977 ~,,~r~-. ~
John C. Norris (941) 774-8097 ° Fax (941) 774-3602 ·
District 1 't ~,L~~
james D. Carte', Ph.D.
Distdct 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kje
District 4
Baroara B. Berry
District 5
May 25, 1999
State of Florida
Department of Community Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re: Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Sheriff Don Hunter has my
permission to have signatory authority on any applicable grant
SIGNATURE ~
Sheriff
If you need further information, please feel free to contact me.
Sincerely,
Pamela S. Mac'Kie
Chairwoman
Collier County Commission
MAY 2 5 1 99
BILL BARNE'IT
MAYOR
May 3, 1999
Mr. Clayton Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Re: Compliance\Florida Rule 9B-61
Dear Mr. Wilder:
In compliance with State of Florida Rule 9B-61.003(4) (d), F.A.C., the City
of Naples approves the distribution of the $210,311 total allocation available of
federal fiscal year 2000 Anti-Drug Abuse Act funds for the following projects
w/thin Collier County:
SUBGRANTEE TITLE OF PROJECT DOLLAR AMOUNT
Collier County SHOCAP (Serious Habitual $ 135,600
Offender Comprehensive
Action Plan)
Street Gang Prevention $ 74,711
And Apprehension Program
Bin Barnett
Mayor
TEL. (941) 434-4601 FAX (941) 434-4855 VOICE MAIL (941) 435-8345
E MAIL MayorNples@AOL.COM HOME FAX (941) 261-5395
,A. 3301 East Tamiami Trail · Naples, Florida 34112-4977
John C. Norris (941) 774-8097 · Fax (941) 774-3602
District 1
Jamos D. Cater, Ph.D.
District 2
Timothy J. Constantine
District 3
Pamola S. Mac'Kie
District 4
Barbara B. Berry
District 5
Mr. Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 232399-2100
Compliance with ~.clual ~.mploy~'tent Opportunity (E~EO)
Program Recluirements -- Criminal 3ustice Agency
Dear Mr. Wilder:
T, the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
----amended, that ....
Criminal Justice Agency:
× Does meet Act criteria. Does not meet Act Criteria.
I affirm that I have read the Act criteria set forth in Subgrant
InstruCtions. I understand that if the implementing agency meets these
criteria, it must participate in the subgrant recipient's EEO Program or
formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm
that the implementing agency ....
X Hasacu~entEEO Pro~am Plan. Doesnothaveacu~entEEO ProFamPlan.
I further affirm that if the implementing agency meets the Act criteria
and does not participate in the subgrant recipient's EEO Program or does not
have its own written EEO Program, federal law requires it to participate in
such a program or formulate, implement, and maintain its own program within
120 days after a subgrant application is approved or face loss of federal
funds. Approv~ ~ to form ~ eg~
· , Cotmt~
Name and Title:Pamela S Mac'Kie Chairwoman ~ F~t~n~ ~ttorney
'~ Board of County CommisSioners
Collier County, Florida BR0( ,
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS ENDORSE THE COLLIER
COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED FUNDING FOR
THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIR'S ANTI-DRUG ACT
FORMULA GRANT PROGRAM.
QBJECTIVE: To obtain the Collier County Commission's endorsement
of the Sheriff's Office grant application for funding from the
Florida Department of Community Affairs' Anti-Drug Abuse Act Formula
Grant Program for the Street Gang Prevention and Apprehension
Program.
CONSIDERATION: At the request of the State Department of Conmmanity
Affairs, the Collier County Commission agreed to be the coordinating
unit of government for the local application for the Anti-Drug Abuse
Grant application (April 13, 1999) Agenda Item 16 (H)2. The Collier
County Sheriff's Office requests that the County Commission execute
the necessary documents to allow the formal application process for
third year grant funding for two positions for the Street Gang
Prevention and Apprehension Program.
FISCAL IMPACT: Seventy five percent (75% or $74,711) awarded by
State and twenty five percent (25% or $24,903) local matching funds
from fiscal year 2000 Fund 602 (Confiscated Trust Fund reserves
602-919010-991000).
GROWTH IMPACT: This grant is a continuing four year grant program
that requires reapplication each fiscal year. If the grant funds
are terminated or other grant .funding is not available at the end of
the fourth year, future payroll costs will either be absorbed
through vacancies arising due to normal attrition, or approval for
funding or reallocation of any positions will be requested from the
board.
RECOMMENDATION: That the Collier County Commission endorse the
Anti-Drug Abuse Act Formula Grant application for fiscal year
1999/2000, authorize acceptance of the award when received, and
authorize execution of the associated Budget amendments upon award
of funding.
ITEM NO: DATE RECEIVED:
5tl= 9 eP5" C% ' ;
"~ ROUTED TO: ~,~.~;~'
~'] ';,,
DO NOT WRITE ~OVE THIS SP~CE ,~
REQ~ST FOR LEGAL SERVICES ~j~
(Please t~e or print)
Date: April 27, 1999
To: Office of the County Attorney, Attention: Thomas Palmer, Esq.
'~i.') Finance Director
From: Crystal K. Kinzel ~ ~ ..... ,
(Name) (Title)
Sheriff's Office Finance Division
(Division) (Department)
Re: Anti-Druq Abuse Grant application
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and
ar:icuiate> .
On April 13, 1999, Agenda Item 16 H (2), the Commissioners agreed to act as
the local coordinating unit of government and endorsed the Certification of
Participation in the Department of Community Affairs' Drug Control and System
Improvement Program (Edward Byrne grant). The Sheriff is seeking Board
approval of the Byrne grant application for third year Street Gang Prevention
and Apprehension Program funding, to authorize acceptance of the award when
received, and to authorize execution of the associated budget amendments upon
award of funding.
(Are there documents or other information needed to review this matter? If yes, attach and
reference this information).
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submitted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Legal approval of grant application.
OTHER COMMENTS: P.~. .....
AG ~ M
s
C: Do~ ~unter, Sheriff
All requests must be copied to your appropriate Division Hea .,;.~ ..~ .,,.,
or Constitutional Officer.
jh/a:leag3 t1~.~. .;, _,--
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
rhi to be co, eted by the Subgra,te .'i, ..................................... ........
..
Con~nua~on of Pre~ous Subgrant? 3 Yes ,3No ~ SFY 2000 DCA Contract Number
A. Names & Addresses
1. Subgrant Recipient
Name of Chief Elected O~cal Pamela S. Mac 'Kie
Title Chai~oman, Collier Coun~ Commission
Address 3301 Tamiami Tra~ East, Building "F"
City, State, Zip Code Naples, Florida 341 ~ 2
Area Code/Phone ~ 941-774-8393 SUNCOM ~ ~Area Code/Fax ~ 941-774-3602
774-8493
2 ;hief Financial O~cer
Name of Chief Financial Officer James M~che~
Title Finance Director, Dep~ Clerk
Address 3301 Tamiami Tra~ East, Cou~ Plaza II1~
City, State, Zip Code Naples, Florida 34 ~12
Area Code/Phone ~ 941-774-6179 ~ SUNCOM ~ ~Area Code/Fax ~ 941-774-8356
774-6179
3. Implementing Agency (Government Agency ReSponsible for Project)
Name of Chzef Executive O~czal Don Hunter
Title Sheriff
Address: 3301 Tamiami Tra~ East, Building "J"
City. State, Zip Code Naples, Florida 34112
~rea Code/Phone ~ 941-774-4434 SUNCOM ~ lArea Code/Fax ~ 941-774-5735
774-4434
4. Project Director and Contact Pe~on, ff different ~om Proj~t Director
Must be Employee(s) of Governmental Implementing Agency]
Name of Project Director Douglas E CapeRon
Title Captain, Youth Relations Bureau lE-Mafi Address ~A
Address 3301 Tamiami Tra~ East, Building "A"
City, State. Zip Code Naples, Florida 34 ~ ~ 2
Area Code/Phone ~ 941-793-9200 ~ SUNCOM ~ ~Area Code/Fax ~ 941-793-9339
N/A
Name and Title of Contact Person Joyce Houmn, Grant Coordinator
Address 3301 Tamiami Tra~ East, Building 'U" ~E-Mafl Address
grants~colliershe~ org
City, State, Zip Code.' Naples, Florida 34112
Area Code/Phone ~ 941-793-9346 ~ SUNCOM ~ ~Area Code Fg~ ~ , 94~-793-94~.~
Sub~nt Ap~ica~on .. , ~~ 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byme Memorial State and Local Assistance
~ B. Administrative Data
1. Project Title (Not to exceed 84 characters, including spaces)
tStreet Gang Prevention and Apprehension Program
2. For Period
Period Month Day Year
Beginning 10 1 ~ 999
Ending 9 30 2000
3. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Council or
Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a
description of board responsibilities.) x Yes
C. Fiscal Data
1. 'If other than the Chief Financial Officer) Remit Warrant to:
Note: If the subgrantee is parfictpating in the State of Florida Comptroller's Office electronic transfer
Ioro.clram, reimbursement cannot be remitted to any other entity.
2. Method of Payment: x Monthly '3 Quartally
(It is mandatory that the method selected be consistent throughout the entire grant period.)
3. Vendor # (Enter Federal Employer Identification Number of Subgrantee):
59-6000-558
4. SAMAS # (Enter if you are a state agency)
N/A I
5. Will the Project earn Project Generated Income (PGI) ? 3 Yes x No
(See Section H., Paragraph 13 for a definition of PGI.)
6, Will the applicant be requesting an advance of federal funds ? 3 Yes x No
(If Yes, a letter of request must be attached.)
AGEND~, ITEM
o.
NAY 2 5 1999
Subgrant Application Section II - Page 2 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
D. Program Data
Refer to the SFY 1999 BCA Grants Management Technical Assistance Workshop Manual, Section 5, Use this
as a guide to assist you in completing Section D.
Problem Identification. Bn'efly descn'be a specific problem to be addressed with subgrant funds. If you are seeking
funds to continue existing project activities, your problem statement must also provide a short summary of your
current program and describe any gaps between c. urrent and des/red project results.
Proqram Deschption Briefly describe how project act/v/ties will address the targeted problem. Describe who will
do what, when, where and how.
SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE.
Start below and use continuation pages as necessary.
PROBLEM IDENTIFICATION
The specific problem to be addressed with grant funds is the street gang problem in Collier County.
Coil/Or County is located in Southwest Florida on the Gulf of Mexico. Collier County encompases 2,065 square
miles, making it the largest county east of the Mississippi River. The demographics of the County are diverse.
The bulk of the County's populat~n is concentrated within 5 miles of the coast. This part of unincorporated Collier
County is home to many of the area's middle class citizens. Dunng the past 25 years, the County has undergone
tremendous growth, increasing from 38,040 persons in 1970 to an estimated 194,036 persons in 1996. In addition to the
increase in the pennanent population, each winter bnngs an influx of seasonal residents. Population in the City of Naples
and the coastal sections of Collier County increases by approximately 33% dunng the winter months.
The agricultural community of/mmokalee is located about 25 miles from the Gulf of Mexico. The permanent
populab~n of/mmokalee is about 18, 622. Dunng the winter harvest months, an additional 12, 000 migrant farm workers
reside in Immokalee. The remainder of Collier County is comprised mainly of Federal and State Parks.
Ouring 1995, Collier County had the highest median family income in the State of Florida. This high mad/an
income, however, hides the contrast between retirees with large investment incomes and seasonal workers earning the
minimum wage. Desp/te aft of the demographic differences, public safety is one issue that impacts all elements of the
population.
Since 1992, when street gangs were first identified in Collier County, gangs have grown to the extent where they
are seriously degrading the quality of life in Collier County. Innocent citizens have been shot, raped, assaulted, and
intimidated as a result of gang related crimes. Experts in the field have observed that Collier County is at the threshold
of a street gang problem that could become impossible to control if it is not soon thwarted. There are approximately 586
identified gang members, and 600 street gang associates that can be placed into 30 street gangs. The number of street
gang members has nearly doubled dunng the first two years of this grant. We expect the number of street gang members
to continue to increase along with the population. The average street gang member in Collier County has been arrested
at least four t~nes. Therefore, street gang members are responsible for at least 2, 100 documented crimes. This does not
account for the number of crimes that street gang members are not identified as committing.
The average age of a Collier County street gang member is 16 to 18years old (53,3%). Actual ages range from
early teens to the early 30's. About 50% of the known gang members in Collier County are Hispanic males.
Dunng the first year of this grant, we secured a full-time Investigator. During the second year, we added a data
entry clerk to ass/St the Investigators. This year we are requesting funds to maintain the full-tin;
entry clerk positions. WIth grant funding for salary and benefit costs from the United States C ~pat 'r~e~pGE~r~nvs~st;
In Schools (C/S) Procjram, the Collier County Sheriffs Office (CCSO) is adding two additioni l S gatdrs
Stre t g, n ' rs
is needed.
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
PROGRAM DESCRIPTION
The Collier County Sheriffs Office (CCSO) Street Gang Unit was established in 1992. The initial task of the one
Invesbgator assigned to this unit was to assess the extent and nature of the gang situation in Collier County. Dunng this
planning and analysis phase, which lasted approximately three years, the Investigator documented the existence of
organzzed sb'eet gangs within Collier County and identified approximately 100 members. Many of the gangs identified had
their origin or received their inspiration from street gangs found in larger metropolitan areas.
Concurrent with this fact finding, the Street Gang Unit Investigator was called upon to present his discovenes, first
to taw enforcement and later to the public.
The Street Gang Unit is currently comprfsed of the Senior Investigator, one Street Gang Investigator (funded by
this grant), a data entry clerk (also funded by this grant), and a crime analyst. The Investigators are currently responsible
for all gang-related intelligence gathenng, graffiti investigations, presentations to law enforcement and non-law
enforcement audiences, maintaining a liaison program with Uniform patrol media interaction. gang suppression efforts,
pro-gang intervention, and counseling.
Street Gang Unit Investigators also work with Criminal Investigation Division (CID) Investigators on many cases
which are thought to have been committed by gang members. In addition to their other duties, members of the Street
Gang Unit assist in tracking and disseminating intelligence information.
Since the Unit on'ginally received this grant, almost twice as many street gang members than were previously
reported have been documented. The Unit continuously updates the street gang intelligence database by receiving raw
data and analyzing it.
This grant will continue to fund one Street Gang Investigator and a data entry clerk. In addition. CCSO is
requesting funds to support the cost of one vehicle for one of the two United States Department of Justice COPS In
Schools funded Street Gang Unit Investigators. The two additional CIS funded investigators are expected to commence
their duties at the be<Jinnzng ofthe 1999/2000 school year. The two Investigators will be assigned to work directly in and
around the 33 public schools within Collier County. The addition of these Investigators, as well as other enhancements
made to the Street Gang Unit. drives home to this agency, street gang members. and the community, that we are
committed to removing this criminal element.
HAY 2 5 1999
Subgrant Application Section If - Page 4 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
INTENTIONALLY LEFT BLANK
1999
Subgrant Application Sec~n II - Page 5 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byme Memorial State and Local Assistance
INTENTIONALLY LEFT BLANK
No .J - - . -
HA.'( 2 5 1999
L
Subgrant Applica~on Section fi - Page 6 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
D.Program Data (Continued)
Activities Implementation Schedule. Complete the Activities Implementation Schedule showing when
activities in the Program Description will commence and how the project will progress. This chart
benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for
reports that are mandatory for all projects. Place an addi'donal "X" to indicate ones applicable to your
project. Delete the activity/action that does not apply to your project; i.e., if your project does not earn
PGI, delete that activity from this schedule,
ACTIVITIES IMPLEMENTATION SCHEDULE
Subgrant Period
10/1/99-9/30/2000
(Beginning Date - Ending Date)
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
ACTIVITY/ACTION
Submit Monthly Claims
X X X X X X X X X X X X
(Financial Reimbursement
Submit Quarterly Claims
X X X X
(Financial Reimbursement
Submit Financial Closeout
Package
Submit Quarterly Program Reports X X X X
Submit Quarterly PGI Reports N/A
(If applicable)
Identify, collect, document, track, X X X X X X X X X X X X
maintain & distribute intelligence
Continue proactive investigations X X X X X X X X X X X X
& surveillance ..
Continue intelligence gathering & X X X X X X X X X X X X
confidential informant work
Continue monthly intelligence X X X X X X X X X X X X
reports to Agency
.... 'AGENDA~ M
No. \ L( -,
FIAY 2 5 1999
Subgrant Apl~cabOn Sec#on II - Page 7 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
E.Program Objectives and Performance Measures
Complete uniform program objectives and performance measures (found in Appendix V) for the
federally authorized program area you want to implement. Your application is not complete without them
and an incomplete application will not be considered for subgrant funding.
If the program area you selected does not have uniform program objectives published in this document
or if you cannot relate your objectives to those stated, contact Tom Bishop at 850/488-8016 for
further instructions. DO NOT mix objectives from different Program Areas.
Start below and use continuation pages as necessary.
PURPOSE AREA 24 - GANG ABATEMENT
PROGRAM OBJECTIVES AND PERFORMANCE MEASURES
OBJECTIVE 24.01 To identify, collect, document, track, maintain, and distribute gang intelligence
information to law enforcement units on known 600 gang members.
OBJECTIVE 24.02 Arrest or assist in the arrest of 150 gang members and gang wannabes on various
law violations.
OBJECTIVE 24.03 Transport 50 gang members and gang wannabes who were truants or suspended
students.
OBJECTIVE 24.04 Educate 1,000 community members on the issues concerning gangs.
OBJECTIVE 24.05 Publish 40 bulletins concerning gangs and gang members to all local law
enforcement agencies.
' AGENpA ITEutM'
No.- % ~ ,-:~: -
HAY 2 5 t999
Subgrant Application Secbon l/- Page 8 of 16
SlY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
F. Project BUdget Narrative
IYou must describe line items for each applicable Budget Category for which you are requesting
subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition,
describe specific sources of matching funds.
Start below and use continuation pages as necessary.
SALARIES & BENEFITS
Regular Salaries $56,900
Overtime 3, 600
Incentive 1,600
Social Security 4, 800
Retirement ~ 10. 15% 2, 100
Retirement @ 21.08% 8, 700
Health Insurance 6,800
Life Insurance @ .0036% 150
Workers Compensation 1,450
86,100
CONTRACTUAL SERVICES 0
EXPENSES 0
OPERATING CAPITAL OUTLAY 13,514
DATA PROCESSING 0
INDIRECT COSTS O
GRAND TOTAL $ 99,614
These project costs are necessary and reasonable for proper and efficient project administrab~n and
implementation and NOT a general expense to CatTy OUt overall responsibilities.
Pursuant to Section 932. 705 (4)(a) Florida State Statutes, matching funds of 25% of the projects cost will be
provided by the Confiscated Trust Fund.
The Salary and Benefits Category includes the specified benefits on both regular salaries and overtime.
Purchasing methods conform to exisbhg laws, regulations and procedures. Net of all applicable credits does
not apply. Allowable project costs will be expanded or obligated during the approved subgrant period.
The investigator and data entry positions continue the net personnel increase established during the initial
years of the grant program.
Cost principles pursuant to OMB Circular A-87; Uniform Adminisb"ative Requirements pursuant to OMB CiYcular
A- 102; and Audit of Federal Grants requirements pursuant to OMB Circular A- 133 are followed.
2 5 1999
Subgrant Application Sec~on II - Page 9 of 16
i DATE: : 29-Jan-99 'r
,
DATE REVISED: ~ 25-Mar-99 i
USERS: !J. Houran ' ~
DEVELOPER: iJ.Houran ~ I
Purpose: !Street Gang 199912000 budget projections ~
File Name: ;a:clan~19900proiections T i
1999/2000 Byrne Grant - Street Gang Unit - 3rd year funding
,
!Salaries and Benefits '
~ ! I 0,1015 hi_~h=i 0.00257
:Re,qular 0,0765; 0.2108 4620 } 0.0036 0.0338
~ees 'Salary Overtime Incentive FICA Retirement Health Ins~ Life/Dism W/C TOTALS
INVESTIGATOR 36,100.00 3,600.00 1,600.00 3,200.00 8,700.00 4,600.00 100.00: 1,400.00 59,300.00
)ATAENTRY 20,600,00 1,600.00 2,100.00 2,200.00 50.00i 50.00 26,800.00
TOTALS 56,900.00 3,60000 1,600.00 4,800.00 10,800.00 6,800.00 150.00i 1,450.00 86,100.00
75% Fed Portion 42,675.00 2,700.00 1,200.00 3.600.00 8,100.00 5,100.00 112.50 1,087.50 64,575.00
.
25% CTF M~tch 14,225.00 900.00 400.00 1.200.00; 2,700.00 1,700.00~ 37,50i 36250 21,525.00
; I
Total Sal/Ben. 56,900.00 ! 3,600.00 1,600.00 4.800.00 } 10,800.00 ' 6,800.00 ! 150.00 1,450.00 86,100.00
Note: numbers are rounded to nearest fO0
O, r
MAY 2 5 1999
Section II - page 9a of 1
PROJECT BUDGET NARRATIVE
SALARIES & BENEFITS ~/$86;100:
.L~rESTIGATOR ~ $59~300
The Street Gang Prevention and Apprehension Program Investigator (Certified Depu~') x~411 be responsible for:
ident~ing gang members and warmabe members, aid m preparation of trail mediums, monitor and support other
bureaus or agencies, perform post arrest case enhancement, appear at court proceedings, follow the records of convicted
street gang members into and out of the juvenile justice system, examine cases in detail, investigate the quality and
legalitS.' of evidence, of potice and civilian wimesses, technical problems, gaps in documentation and possible defenses,
provide State Attomev's Office with case enhancements, CIB enhancements, technical assistance for CID, provide
technical assistance for CID, provide comprehensive profiles for active street gang members, align with prosecution to
project a responsible and unilied posture to the Court, the defense, the jttry and the commumt3', appear at hearings,
arrai.munents, trials and sentencing, seek bonds, conmntments, and courtroom assistance when appropriate, work with
Victun Services Bureau and Court Liaisons.
DATA ENTRY CLERK ~, .S26~800:
The Gang Unit data entry clerk will be re~onsible lbr:
all necessan.' data entr)' tasks related to past arrests, field interview reports, school attendance and discipline, contacts
with D J J, fiRS and other data necessan' to create a complete profile of the juvenile offenders, assist the Gang Unit
Investigators in the preparation of background juvenile profiles, maintenance of computerized and hard copy files of the
Gang Unit section.
CONIRACTUAL SERVICES .~, .S0.
EXPENSES '~, S0.
OPERATING CAPITAL OUTLAY '~,, S 13~5 14.
An unmarked vehicle is needed by the Street Gang Unit for one of the m'o Sweet Gang Unit Investigators whose
positions are being funded bv the U.S. Department of Justice COPS In Schools Program. The COPS In Schools pant
only funds paFoll costs. Other grant funding is being sought to support ineligible COPS In Schools grant costs
associated with the m'o additional Street Gang Unit Investigators. All Street Gang Unit Investigators spend a lot of tune
out of the Gang Unit Office and require a vehicle.
DATA PROCESSING '~: S0.
INDIRECT COSTS i S0.
TOTAL S99,614
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
G. Project Budget Schedule
The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services,
Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total
Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category FedeFal Match Total
Salaries And Benefits 64,575 21,525 86,300
Contractual Services 0 0 0
Expenses 0 0 0
Operating Capital Outlay 10,136 3,378 13,514
Data Processing 0 0 0
Indirect Costs 0 0 0
Totals 74,711 24,903 99,614
Salaries and Beneifts Category line item in Section G includes regular salary and benefitis on both regular and
overtime salaries.
'A'QENDA [
Subgrant Apptica~on Sec~On /I - Page I0 of 16
SFY' 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
H. Acceptance and A~lreement
Aft persons involved in or having administrative responsibility for the subgrant must read these
'~cceptance and Agreement" conditions. This "Acceptance and Aqreement" (Section H) must be
returned as part of the completed application.
Note Condition No. 12: Only project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible for
reimbursement.
Condibbns of Agreement. Upon approval of this subgrant, the approved application and the following
terms of conditions will become binding. Non-compliance will result in project costs being
disallowed.
The term "department", unless otherwise stated, refers to the Department of Community Affairs. The
term "Bureau ", unless otherwise stated, refers to the Bureau of Community Assistance.
The term "subgrant recipient" refers to the governing body of a city or a county or an Indian Tribe
which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and
includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribe,
or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court).
1. Reports
a. Project Performance Reports:
The recipient shall submit department Quarterly Project Performance Reports to the Bureau by
February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date.
In addition, if the subgrant award period is extended beyond the "original" project period,
additional Quarterly Project Performance Reports shall be submitted.
b. Financial Reports.'
The recipient shall have a choice of submitting either Monthly or Quarterly Financial Claim
Reports [DCA-CJ Form-3(AoG) Revised 09/98] to the bureau. Monthly Reimbursement
Claims (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly
Reimbursement Claims (1-3) are due thirty-one (31) days after the end of the reporting
period. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout
Package shall be submitted to the bureau within forty-five (45) days of the subgrant termina~on
period. Such claim shaft be distinctly identified as "final".
Before the "final" claim will be processed, the recipient must submit to the department all
outstandin~ project reports and must have satisfied aft special conditions. Failure to comply with
the above provisions shaft result in forfeiture of reimbursement.
The recipient shaft submit deperrnent Quarterly Project Generated Income Reports to the bureau
by February I, May 1, August 1, and within forty-five (45) days after the subgrant termination
date covedr~J subgrant project generated income and expenditures during the previous quarter.
(See Paragraph 14. Program Income.)
c. Other Reports:
"'AGENI~AT~Fe~4
ureau./
The recipient shall submit other reports as may be reasona b y .tti~Hi~'ed }~ th Aft
required reports, instructions, and forms shaft be distributed ith th
The recipient shall establish fiscal control and fund accountin, procedure~'~?hat assure p.r1 per
disbursement and accounting of subgrant funds and required n~ -fermi p-xr~ndifures, All fz' ~ds
spent on this project shaft be oYsbursed according to provisions of t~ e proj~ct lSU~Tge~ ~-,:~7~7~v~ ~ by
the bureau.
Subgrant App~aD~n Section fl o Page 11 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
t:~A'{ 2 5 1999
Subgrant Applica#on Sec~on II - Page 12 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
Aft expenc~tures and cost accounting of funds shall conform to Office of Justice Programs Financial
Guide, U.S. Depar~ent of Justice Common Rule for State and Local Governments, and in federal
Office of Management and Budgets (OMB) Circulars A-21, A-87, and A-110, in their entirety).
Aft funds not spent according to this agreement shall be subject to repayment by the recipient.
3. Approval of Consultant Contracts
The department shall review and approve in writing all consultant contracts prior to employment of
a consultant. Approval shall be based upon the contracts compliance with requirements found in the
Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and
Local Governments, and in applicable state statutes. The departments approval of the recipient
agreement does not constitute approval of consultant contracts.
4. Allowable Costs
Allowance for costs incurred under the subgrant shall be determined according to "General Principles
of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and
federal OMB Circular No. A-87, "Cost Principles for State and Local Governments'; or OMB Circular
No. A-21, "Cost Principles for Educational Institutions ".
All procedures employed in b~e use of federal funds to procure services, supplies or equipment, shall
be according to U.S. DepanTnent of Justice Common Rule for State and Local Governments, or
Attachment "0" of OMB Circular No. A-110 and Florida law to be eligible for reimbursement.
5. Travel
Aft travel reimbursement for out-of-state or out-of-grant-specified work area shaft be based upon
written approval of the department prior to commencement of actual travel.
The cost of all travel shaft be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
Aft bills for any travel expenses shall be submitted according to provisions in Section 112.06 I, Florida
Statutes.
6. Wriffen Approval of Changes in this Approved Agreement
Recipients shall obtain approval from the department for major changes. These include, but are not
limited to:
a. Changes in project activities, designs or research plans set forth in the approved agreement,'
b. Budget dev/atlons ~hat do not meet the following cr/ter/on. That is, a recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10)
percent of the total approved budget and the transfer is made to an approved budget line item;
or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the department.
d. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do
not allow for increasing the quantitative number of items documented in any approved budget line
item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff
positions in the Salaries and Benerrts category.) ~' ' AGENbA I'~M
7. Reimbursement Subject to Available Funds NO,
The obligation or the State of Florida to reimburse recipients for incurre cosl~7~ '~u~J'tr3;t 199~ailabl.
federal Anti-Drug Abuse Act funds.
Subgrant Application Section II - Page 13 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
8. Advance Funding
Advance funding is authorized up to twenty-five (25) percent of the federal award for each project
accorc~ng to SecSon 216. 181 (14)(b), Florida Statutes (1991); the Office of Justice Programs Financial
Guide, U.S. DeparbT~nt of justice Common Rule for State and Local Governments. Advance funding
shall be provfded to a recipient upon a written request to the department justifying the need for such
funds. This request, inducing the justification, shall be enclosed with the subgrant app~cation.
9. Commencement of Project
tf a project has not begun wiffiin sixty (60) days after acceptance of the subgrant award, the recipient
shaft send a letterto the bureau indicating steps to initiate the project, reasons for delay and request
a revised project starting date.
If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
recipient shaft send another letter to the bureau, again explaining reasons for delay and request
another revised project starting date.
Upon receipt of the ninety (gO) day letter, the department shall determine if the reason for delay is
jus~fied or shall, at its c~scretion, unilaterafty terminate this agreement and re-obligate subgrant funds
to other department approved projects. The department, where warranted by extenuating
circumstances, may extend the starb~g date of the project past the ninety (gO) day period, but only
by formal written amendment to this agreement.
10. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the recipient and a contractor (which
includes aft project budget categories) shall be in wrffing for a period not to exceed six (6) months and
is subject to ~he same terms and conditions set forth in the initial contract. Only one extension of the
contract shall be acceptable, unless failure to complete the contract is due to events beyond the
control of the contractor.
11. Excusable Delays
Except with respect to defaults of consultants, the recipient shall not be in default by reason of any
failure in performance of this agreement according to its terms (including any failure by the recipient
to make progress in the execution of work hereunder which endangers such performance) if such
failure arises out of causes beyond the control and without the fault or negligence of the recipient.
Such causes include but are not limited to acts of God or of the public enemy, acts of the gevemment
in either its sovereign or contracfual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and unusually severe weather, but in every case the failure to perform shall be
beyond the control and without the fault or negligence of the recipient.
If failure to perform is caused by failure of a consuffant to perform or make progress, and if such
failure arises out of causes beyond the control of recipient and consultant, and without fault or
negligence of either of them, the recipient shall not be deemed in default, unless:
a. Supplies or services to be furnished by the consultant were obtainable from other sources,
b. The department ordered the recipient in writfng to procure such supplies or services from other
sources, and
c. The recipient failed to reasonably comply with such order.
Upon request of the recipient, the department shall ascertain the facts and the extent of such
failure, and if the department determines that any failure to perform was occasioned by one or
more said causes, the delivery schedule shall be revised accordi_n~gly.
']AY 2 5 1999
Subgrant Applicalfon Secl~on II
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byme Memo~al State and Local Assistance
12. Obligation of Recipient Funds
Recipient funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the tenninab~n date of the grant perrod. Only project costs incurred on or after
· e effective date and on orprior to the termination date of the recipient's project are eligible
for reimbursemenL A cost is incurred when the recipients employee or consultant performs
required services, or when the recipient receives goods, notwithstanding the date of order.
13. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the recipient during the subgrant pedod, as a
direct result of the subgrant award. Program income shall be handled according to the Office of
Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local
Government. Reference: The Cash ManagementlmprovementActof1990).
14. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the recipient,
the recipients consultants and suppliers, or both, the department shall impose sanctions it deems
appropriate including withholding payments and cancellation, termina~on or suspension of the
agreement in whole or in part. In such event, the department shall notify the recipient of its decision
thirly (30) days in advance of the effective date of such sanction. The recipient shaft be paid only for
those services satisfactorily performed prior to the effective date of such sancifon.
15. Access To Records
The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller
General or any of their duly authorized representatives, shaft have access to books, documents,
papers and records of the recipient, implementing agency and contractors for the purpose of audit
and examination according to the Office of Justice Programs Financial Guide, U.S. Department of
Justice Common Rule for State and Local Government.
The department reserves the right to unilaterally terminate this agreement if the recipient,
implementing agency or contractor refuses to allow public access to aft documents, papers, letters,
or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by
the recipient or its contractor in conjunction with this agreement.
16. Audit
Recipients that expend $300,000 or more in a year in Federal awards shaft have a single or
program-specific au~r~t conducted for that year. The audit shall be performed in accordance with
the federal OMB Circular A- 133 and other applicable federal law. The contract for this agreement
shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The
contract shall be iden~r~.-=d as federal funds passed-through the Florida Department of Community
Affairs and include the contract number, CFDA number, award amount, contract period, funds
received and disbursed. When applicable, the recipient shaft submit an annual financial audit
which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters
10. 550 and 10.600, Rules of the Florida Auditor General.
b. A complete audit report which covers any portfon of the effective dates of this agreement must
be submiffed wrd?in 30 days after its completion, but no later than nine (9) months after the audit
period. In order to be complete, the submitted report shaft include any management letters
issued separately and managements written response to all findings, both audit report and
management letter findings. Incomplete audit reports will not be accepted by the department and
will be returned to the recipient. " '~, (3 E'N DA "
c. The recipient shall have all audits completed by an Independeni Pub~i~ 77
IPA shall be either a Certified Public Accountant or a Licensed t ubli~
u t.1999
d. The recipient shaft take appropriate corrective action within six i6) months of the issue date
the audit report in instances of noncompliance with federal law,< and regulations. ~,.
Subgrant Apl~ication Section fl ~ Page I5 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
e. The recipient shaft ensure that auc~t working papers are made available to the department, or its
designee, upon request for a period of three (3) years from the date the audit report is issued,
unless extended in wrib~g by the departmenL
f. lf this agreement is closed out without an audit, the department reserves the fight to recover any
disallowed costs identified in an audit completed after such closeout.
g. The completed audit reports should be sent to the following address:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Sadewski Building
Tallahassee, Florida 32399-2100
17. Procedures for Claim Reimbursement
Aft claims for reimbursement of recipient costs shaft be submitted on the DCA-CJ Form 3(A-
G), Revised 09/98, prescribed and provided by the bureau. A recipient shaft submit either
monthly or quarterly claims in order to report current project costs.
All claims for reimbursement shaft be submitted in sufficient detail for proper pre-audit and post-audit.
18. Retention of Records
The recipient shaft maintain all records and documents for a minimum of three (3) years from the date
of the final financial statement and be available for audit and public disclosure upon request of duly
authorized persons.
19. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial
Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal
OMB Circular A-110, Attachment N, Paragraph 8.
20. Property Accountability
The recipient agrees to use all non-expendable property for criminal justice purposes during its useful
life or request department disposition.
The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose
of any property furnished to it by the department or purchased pursuant to this agreement according
to federal property management standards set forth in the Office of Justice Programs Financial Guide,
U.S. Department of Justice Common Rule for State and Local Government) or the federal
OMB Circular A-110, Attachment N. This obligation continues as long as the recipient retains
the property, notwithstanding expiration of this agreement.
21. Disputes and Appeals
The department shall make its decision in writing when responding to any disputes, disagreements
or questions of fact arising under this agreement and shall distribute its response to all concerned
parties. The recipient shall proceed diligently with the performance of this agreement according to
the departmenrs decision ....
~ "AGENDA ITEM
If the recipient appeals the departmenrs decision, it also shall be made it ' ' '
in Rule 28-106. 104, Florida Administrative Code. Failure to appeal within;
a waiver of proceedings under Chapter 120, Florida Statutes. ~ ~ ~'~ ~
Subgrant Application Sect~bn II - Page 16 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
22. Conferences and Inspection of Work
Conferences may be held atbhe request of any patty to this agreement. At any time, a representative
of the bureau, of the U.S. Department of Justice Bureau of Jusb~e Assistance or both have the
privilege of visiting the project site to monitor, inspect and assess work performed under this
agreement.
23. Publication or Printing of Reports
a. Before publication or prinb~g, a final draft of any report required under or pertaining to this
agreement shall be sent to the department for its review and comment.
b. Publications or pdnted reports covered under a. above shall include the following statements on
the cover page:
(1) "This report was prepared for the Florida Department of Community Affairs, Steven M.
Seibert, Secretary, in cooperation with the U.S. Department of justice, Bureau of Justice
Assistance." The next printed line shall idenBfy the month and year the report was published.
(2) "This program was supported by grant # awarded to the
Deparb?~ent of Community Affairs, State of Florida, and by the Bureau of Jusb~e Assistance
(BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a
component of CLIP which also includes the Bureau of Justice Statistics, National Institute of
Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Vicb~ns of
Crime,"
(3) 'Points of view, opinions, and conclusions expressed in this report are those of the recipient
and do not necessarily represent the official position or policies of the State of Florida
Department of Community Affairs, the U.S. Department of Justice, Office of Justice
Programs, or any other agency of the state or federal government.
24. Equal Employment Opportunity (EEO)
No person, on the grounds of Face, creed, color or national origin shall be excluded from participation
in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant
to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title
IV ofthe Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Tdle
of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of
Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
The redpient and a criminal justice agency that is the implementing agency agree to certify that they
either de or de not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus
Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated,
implemented and maintained a current EEO Program. Submission of this certification is a
prerequisite to entering into this agreement. This certification is a material representation of fact
upon which reliance was placed when this agreement was made. If the recipient or implemenb~g
agency meet Act criteria but have not formulated, implemented and maintained such a current wriften
EEO Program, they have 120 days after the date this agreement was made to comply with the Act
or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979,
Pub. L. 96-157, 42 U.S. C. 3701, et seq. (Reference SeclYon 803 (a) of the Act, 42 U.S. C. 3783 (a) and
28 CFR Section 42.207 Compliance Information).
Any state agency, county or city receiving $500,000 or more in feder.~al ~Anti-Drug Abuse Act funds
shall submit its equal employment opportunity plan, ancYor the osr ' .'~' ':"~
ap ication, for subm al to the U.S. Depafl,. nt of Just, Bureau of J prova
25. Americans with Disabilities Act 1990 ' ' v' ::.~L
": .:';:1999
Subgrantees must comply with the equirements of the Areeric s with Disabilib~s Act (ADA
Public Law 101-336, which prohibits discrimination by public and rivate entities on the basis
d
Subgrant Application Section II - Page 17 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
telecommunica~ons (Trtle IV).
Subgrant Application Section II - Page 18 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
26. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operabhg Policies is to assure that recipients of federal funds for the principal purpose of operating
a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amendedby Pub. L. 93-83, Pub. L. 93-415,
Pub. L. 94-430, Pub. L. 94-503, Pub. L 95-115, and Pub. L 96-157), use those funds in conforrnance
with the prfvacy and constitutional rights of individuals.
The recip~nt and a criminal justice agency that is the implementing agency agree to certify that they
operate a criminal intelligence system in accordance with Secbbns 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28
CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice
Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite
to entering into this agreement
This certification is a material representation of fact upon which reliance was placed when this
agreement was made. If the recipient or criminal jusb~e agency operates a criminal intelligence
system and does not meet Act and federal regulation criteria, they must indicate when they plan to
come into compliance. Federal law requires a subgrant-funded criminal intelligence system project
to be in compliance with the Act and federal regulation prior to the award of federal funds. The
recipient is responsible for the continued adherence to the regulation gaveruing the operation of the
system or faces the loss of federal funds. The depatfmenf s approval of the recipient agreement does
not constitute approval of the subgrant funded development or operation of a criminal intelligence
system.
27. Non-Procurement, Debannent and Suspension
The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR,
Part 85, Section 85.510, Parfcipanrs Responsibilities). These procedures require the recipient to
certify it shall not enter into any lower tiered covered transaction with a person who is debarred,
suspended, declared ineligible or is voluntarily excluded from participating in this covered transactYon,
unless authorized by the department
28. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature.
29. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions
on Lobbying,' Interim Final Rule, "published in the February 26, 1990, Federal Register.
Each person shall file the most current edition of this Certification And Disclosure Form, if applicable,
with each submission that initiates agency consideration of such person for award of federal contract,
grant, or cooperative agreement of $ 100, 000 or more; or federal loan of $150, 000 or more.
This certification is a material representation of fact upon which reliance was placed when this
agreement was made. Submission of this cedification is a prerequisite to entering into this agreement
subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any
person who fails to file the required certification is subject to a civil penalty of not less than $10, 000
and not more than $100,000 for each failure to file. ' AGENDA I.._~T..E,_~ '
The undersigned certifies, to the best of his or her knowledge and be Fef, tt~.. ~ Lf .. .
a. No faderally appropriated funds have been paid or shall be paid to any i~/n ~t4jnf~j~;ing o~
attempbhg to influence an officer or employee of any federal agen~ y, a member of congress, ar
officer or employee of congress, or an employee of a member of co 7gress in connection with the
awar ng of a,y f ral loan. the entering into of any renewal. ame,of a,
federal contract, grant, loan or cooperative agreement,~
.
Subgrant Application Seclfon II - Page 19 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
.'-"" b. If any non-federal funds have been paid or shall be paid to any parson for influencing or
attempting to influence 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 the standard form, Disclosure of Lobbyin.q Activities,
according to its instructions.
c. The undersigned shall require that .the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and
disclose accordingly.
30. State Restricb~ns on Lobbying
In adcrdjon to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the
expencrture of funds for [he purpose of lobbying the legislature or a state agency is prohibited under
this contract.
31. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds, aft grantees
and recipients receiving these federal funds, including but not limited to state and local gevemments,
shaft clearly state:
a. The percentage of the total cost of the program or project that shall be financed with federal
funds, and
b. The dollar amount of federal funds to be expended on the project or program.
--- 32. Background Check
It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn
law enforcement officer or program licensed by the Deparlrnent of Health and Rehabilitative Services,
conduct background checks on aft personnel providing direct services.
33. Immigration and Nationality Act
No public funds will intenUonally be awarded to any contractor who knowingly employs unauthorfzed
afien 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 ('fNA '~. The Department shaft
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA. Such violation by ~e subgrant recipient of the employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department.
34. Drug Court Projects
A Drug Court Project funded by the Byme Formula Grant Program must contain the 10 key elements
oLrdined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines 'Defining Drug Courts: The Key Components '~ January 1997. This document
can be accessed on the Office of Justice Programs World Wide Web Homepage:
h ttp ://www. ojp. u s doj.job.
Subgrant Application Section fi - Page 20 of 16
SFY 2000 Drug Control and System Improvement Formula Grant Program
Edward Byrne Memorial State and Local Assistance
I. Siqnature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth in this
agreement, have read and understand the agreement in its enb~"ety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
o
Corrections on this page, including
strike-overs, whiteout, etc., are not acceptable.
State of Florida
Department of Community Affairs
Bureau of Community Assistance
By:
Type Name and Title:
Date:
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
By:
Type Name and Title: Pamela S. Mac 'Kie, Chairwoman, Collier County Commission
Date: FEID Number: 59-6000-558
Implementing Agency
, ,~,~ -. ~cial, ~ymini,~ator or Designated Repr~,entative
By: '\ ~' 'i ! ]~'~ ~ ~
Type Name a~o~Hunter, Sheriff
Date: 5/5/95)
A~'-'~"" FSAY 2 5 1999
D.~/.GHT E. BROCK, CLEP,.K ~ _.7~ ~
·
-- Litant C ~tuty At~or,~ay
Subgrant Applk:a9on Sec~on II- Page 21 of 16
3301 East Tamiami Trail · Naples, Florida 34 112-4977 ~i' X;~
John C. Norris (941) 774-8097 · Fax (941) 774*3602
District 1
James D. Cartar, Ph.D.
Distnct 2
Timothy J. Constantjne
District 3
Pamela S. Mac'Kie
Distnct 4
Barbara B. Berry
Distnct 5
May 25, 1999
State of Florida
Department of Community Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re: Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Sheriff Don Hunter has my
permission to have signatory authority on any applicable grant
·
SIGNATURE --. - / ~
" , iff
If you need further information, please feel free to contact me.
Sincerely,
Pamela S. Mac'Kie
Chairwoman
Collier County Commission
3301 East Tamiami Trail · Naples, Florida 34112-4977 ~.~
John C. Norris (941) 774-8097 · Fax (941) 774-3602
District 1 'h.. -" '
James D. Carter, Ph.D. "" .....
District 2
Timothy J. Constantjne
District 3
Pamela S. Mac'Kie
Distnct 4
Baroara B. Berry
Distdct 5
Nr. ClayteD H. WiZder
Corr~rLunity Program Administrator
Bureau of Community Assistance
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: CompZiance with ~.q'ual ~.mployment Opportunity (~.EO)
:Program Reqruirements -- Criminal Justice Agency
Dear Mr. Wilder:
~', the undersigned authorized official, certify that according to
Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
amended, that ....
Cr'iminal Justice Agency:
X Does meet Act criteria. Does not meet Act Criteria.
I affirm that I have read the Act criteria set forth in Subgrant
Instructions. I understand that if the implementing agency meets these
criteria, it must participate in the subgrant recipient's EEO Program or
formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm
that the implementing agency ....
X Hasacu~entEEO Pro~amPlan. Doesnothaveacu~entEEO Pro~am Plan.
I further affirm that if the implementing agency meets the Act criteria
and does not participate in the subgrant recipient's EEO Program or does not
have its own written EEO Program, federal law requires it to participate in
such a program or formulate, implement, and maintain its own program within
120 days after a subgrant application is approved or face loss of federal
funds Ap~ov~ ~ ~ form le ~ ~,~fie~ ....
Name and Title:Pamela S. Mac'Kie, Chairwoman ]be/s~Count~At~rne~ ~3
Board of County Commissioners ATTEST:
DWIGHT . B
By: Date:.. M=~, >=Pe~ ~"~ ~
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT
ACQUISITION ON PARCEL NO. 45 IN THE LAWSUIT ENTITLED COLLIER
COUNTY v. COMMUNITY DEVELOPMENT CORPORATION OF SOUTHWEST
FLORIDA-HICKORY BAY WEST, et al., Case No. 94-2934-CA (Bonita Beach Road Four-
laning Project No. 60021)
!~aJY. f~j_VF.,i That the Board of County Commissioners approve the Stipulated Final Judgment
as full and final compensation to be paid for the acquisition of the easement on Parcel No. 45 for
the Bonita Beach Road Four-laning Project in the lawsuit entitled Collier County v. Community
Development Corporation Of Southwest Florida-Hickory Bay West, et al., Case No. 94-2934-CA.
CONSIDERATIONS: On December 2, 1994, an Order of Taking was entered in Collier
County Circuit Court regarding the acquisition of easements for the Bonita Beach Road Four-
laning (Project No. 60021). On December 28, 1994, Collier County deposited with the Registry
of the Court the sum of Two Thousand Six Hundred and No/100 Dollars ($2,600.00) for Parcel
No. 45 (temporary construction easement) in accordance with the Order of Taking.
Through negotiations, the parties have reached a settlement agreement whereby the property
owner, Island Endeavors, Inc., will be fully and fairly compensated for the property interests
taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 94-
356). The terms of the settlement agreement are set out in the Stipulated Final Judgment
(attached as Exhibit "A").
The Stipulated Final Judgment provides for Two Thousand Six Hundred and No/100 Dollars
($2,600.00) to be paid to the Defendant as full compensation for the property fights taken as to
Parcel No. 45.
The Stipulated Final Judgment also provides that Collier County shall pay the Defendant's
reasonable attorney fees and costs in the amount of Two Hundred Fifty and No/100 Dollars
($250.00).
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of Two Hundred Fifty and No/100 Dollars ($250.00) with the Registry of the Court.
Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider
them to be reasonable.
MAY 2 5 1999
pg. t
Executive Summary
CC v. Community Development Corp. Parcel No. 45
Page 2
FISCAL IMPACT:
Cost: $250.00; to be obligated in the budget for FY 98/99.
Fund: 331 - Road Impact Fee District I North Naples
Cost Center: 163650 - Road Impact Construction
Project Number: (60021) Bonita Beach Road Four-laning Project
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Final Judgment; and
2. approve the expenditure of the funds as stated; and
3. direct staff to deposit the sum of $250.00 into the Registry of the Court.
Prepared by:
-, ! ,j iit ~.
Heidi F. Ashton Date
Assistant Co ttomey
Assistan~~//~L,,~
Reviewed by:
i'd Ilschner, Administrator Date/
Public Works Division
Approved by:
David C. Weigel, ~dunty ll)/tomey D
h:/ew/Executive Summary/CC v. Community Development Corp. Parcel No. 45
NAY 2 .~ 1999
IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA,
a political subdivision
of the State of Florida,
Plaintiff
vs. Case No. 94-2934-CA-01-TB
Parcel No. 45
COMMUNITY DEVELOPMENT
CORPORATION OF SOUTHWEST
FLORIDA-HICKORY BAY WEST,
et al.,
Defendants.
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having come before the Court upon Joint Motion made by Plaintiff, by and
through its undersigned counsel, and Defendant, ISLAND ENDEAVORS, INC., by and through
its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 45, and it
appearing to the Court that the parties are authorized to make such Motion, the Court finding that
the compensation to paid by Plaintiff is the full compensation due the Defendant, ISLAND
ENDEAVORS, INC., and the Court being otherwise fully advised in the premises thereof, it is
thereupon
ORDERED AND ADJUDGED that Defendant, ISLAND ENDEAVORS, INC., have and
recover from Plaintiff, COLLIER COUNTY, FLORIDA, the sum of Two Thou ~and ~ix .
iAY 2 5 i 99
EXHI'BI'"I~ "A"
Hundred Dollars ($2,600.00) for Parcel No. 45, as full payment for the property interests taken
and for damages resulting to the remainder, if less than the entire property was taken, business
damages, and for all other damages in connection with said parcel; it is further
ORDERED that Defendant, ISLAND ENDEAVORS, INC., receive from Plaintiff as a
reasonable attorney fee and costs for services rendered in this action, the sum of Two Hundred
Fifty Dollars ($250.00). No other attorney fees or costs shall be awarded in connection with the
above-styled cause of action as it relates to Parcel No. 45; and it is further
ORDERED that the Plaintiff, COLLIER COUNTY, FLORIDA, shall deposit an
additional Two Hundred Fifty Dollars ($250.00), subject to the approval of the Board of
County Commissioners, into the registry of this Court within 30 days of the date of this
Stipulated Final Judgment; and it is further
ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand
Six Hundred Dollars ($2,600.00) to Joseph L. Bernstein, P.A. Trust Account, c/o Joseph L.
Bernstein, Esquire, 506 S. E. 8~ Street, Fort Lauderdale, FL 33316, less any amounts previously
paid for the benefit of Defendant, ISLAND ENDEAVORS, INC.; and it is further
ORDERED that the Clerk of this Court shall disburse the sum of Two Hundred Fifty
Dollars ($250.00), being the DefendanUs attorney fees to Joseph L. Bernstein, Esquire, 506 S. E.
8t~ Street, Fort Lauderdale, FL 33316; it is further
ORDERED that title to Parcel No. 45 (temporary construction easement) being fully
described in Exhibit "A" attached hereto and incorporated herein, which vested in Plaintiff
pursuant to the Order of Taking dated December 2, 1994, and the deposit of money heretofore
,---- made, is approved, ratified, and confirmed; it is further
PlAY 2 5 i 99
MAY-O~-1999 1~=2~ P.02/~2
ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in
Official Record Book 1974, Page 1108-1126 of the Public Records of Collier County, Florida bc
dismissal as to Parcel No. 45; it is therefor
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this .
day of __ , 1999.
Ted Brouss~u
Circuit Court Judge
conformed copies to:
Heidi F. Ashton, Assistanl Cour~ty Attorney
Joseph L. Bernstein, Esquire
Vincent Murphy, Esquir~
Bookkeeping
E. Web=, CLA, Cry. Ally. Off., Certltled Copy, Chsa-ge to: IICC Act - 331-16365[L-649030.-60021
JOINT MOTION FOR STIPULATED FINAL JIH)__GMENT
The Parties, hereby stipulate and respect~alIy request this Court to enter the foregoing
Stipulated Final Judgment.
EsQtrmt XS XToN, EsQvtm
· Florida Bar No. 0966770
· Assistxnt County ARomey
50{5 S. P-. 8' Su-~t 3301 East T~niami Tr~l, 8~. Floor
Fort Lauderdale, FL 33316 Naples, Florida 3~112
(954) 763 - 1919 - Phone (941) 774-.8400 - Phone
(954) 761-8990 - Fax (941) 774-0:225 - Facsin~le
Attorr~y for Defendant Artcrn~ for Plaintiff
Pg.
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DESCRIP~ON ::,
~at portion cf G parcel situcted in the N~/4 (northWeSt -~-,;~ ~2
on~--qucrt~) of SeaSon 5, To.nship 48 Scuth. Rang~ 25 East.
Coll~er County. Ficrida as recorded in Official Recor~ Boo~ 13~2.
Page 20~
Being descrbed cs fcllcws:
Beginning at the northwesterly comer ~ sa~d parcel being also a
point on the scuthedy right-af-way. l~n~ of Banira Beach Road
(County Rcad 865); the~c~ r~n NBS'45'OT"E clcna said =cutherly
Hght--of--way l~ne far 100.00 fe~t to c paint an {he ~astC~y line
of said parcel; themc~ mn SC~'~'~6'E al~a =c~d ~tedy line -
far 20.00 f~t; thenc~ run ~9'4~'07'W far ~00.00 f~t to a p'a;nt L ..
-- an the ~stefiy line of ~aid porte{; th~c~ 'ran NOO"~]'~6'W alcna .- *-
. =c~d westerly I~ne far 20.00 f{et to th~ Point ¢f Beginning. ~-~' ' "' .....
ContaZn~n9 2.000 square fe~t (0.046 cares). mare or les=. '~/' ,
,. - . -,:: ..~.. :; : ..'-: . :- ., -,
EXECUTIVE SUMMARY
RECOMMENDATION TO CONSIDER A SETTLEMENT
PROPOSAL IN THE CASE OF BAMBI HENDERSON, et
aL vs. COLLIER COUNTY, CASE NO. 97-3387-CA-01,
PENDING IN THE TWENTIETH JUDICIAL CIRCUIT
COURT, IN AND FOR COLLIER COUNTY, FLORIDA
OBJECTIVE: For the Board to consider a settlement proposal from the plaintiffs in the case
entitled Bambi Henderson, Individua!IF and as Parent and Next Best Friend of John Workman vs.
National .Fai.rways, Ltd, d/b/a Hibiscus Golf Club, a foreign corporation and Collier Coun.ty Board
of Commissioners, a governmental enti.ty,. Case No. 97-3387-CA-01, currently pending in the
Twentieth Judicial Circuit Court, in and for Collier County, Florida in the amount of two thousand
five hundred dollars ($2,500.00), in exchange for the full release and dismissal of the lawsuit with
prejudice, and for each party to bear its own costs and attorney's fees associated with this lawsuit.
CONSIDERATIONS: In October of 1997, the above-named plaintiffs filed a complaint
alleging nine (9) claims of negligence against Collier County, and other defendants, in the Twentieth
Judicial Circuit Court, Collier County, Florida. Essentially, all of the allegations taken together
claim general negligence on behalf of the County for failing to maintain property over which it has
a maintenance easement in the area of Baltusrol Drive, Collier County, Florida. This complaint,
which may be categorized as a premises liability action, claims that in November of 1996, plaintiff
John Workman, a minor, ten (10) year old child, was playing on top of one of the "monuments" or
walls, leading into Pinehurst Estates, one of the subdivisions of Lely Gulf Estates. At that time the
"monuments," which were originally constructed by the developer, remained in existence and were
maintained by the Lely Gulf Estates Beautification Municipal Services Taxing Unit (hereinafter
referred to as "M.S.T.U.") for that area, pursuant to the aforementioned easement. On the November
1996 date, the plaintiffs' claim that Workman was caused to fall from the "monument" due primarily
to improper maintenance of the wall by the M.S.T.U. and the alleged failure by the County or the
M.S.T.U. to warn of a dangerous condition. Among other things, the plaintiffs claim that the fall
from the "monument" caused Workman to fracture his arm and, thereafter, suffer a minimal loss of
use of the ann. The County has denied liability in this matter and the case is currently assigned to
the Hon. Hugh D. Hayes, Circuit Court Judge for the Twentieth Judicial Circuit. No trial date has
been set as of this time.
The initial settlement offer from the plaintiffs in this lawsuit was for approximately sixty-nine
thousand dollars ($69,000.00). However, after the completion of most, if not all, of the necessary
discovery, the plaintiffs, through their attorney, Ms. Sharon Hanlon, Esq., have decided to accept
the counteroffer made by the County of two thousand five hundred dollars ($2,500.00) to resolve
this matter. Legal counsel for the County and the Risk Management Director estimate that a
potential financial liability and exposure to the County in a case of this type may approximate thirty
1 AGENDA ITEM
NO. cxlc L
MAY 2 5 1999
thousand dollars ($30,000.00) under a "worst case" scenario evaluation. It is the opinion of outside
counsel and the County Risk Management Department that the possibility of a jury finding of zero
liability on behalf of the County should be a consideration of the Board.
FISCAL IMPACT: By agreeing to the settlement proposal, the fiscal impact on the County would
be limited to the amount of two thousand five hundred dollars ($2,500.00), plus the expenses
incurred for costs and outside counsel through closeout. Payment of any settlement would emanate
from Collier County Property & Casualty Fund No. 516-121650.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board consider the above described resolution and direct
outside counsel as to the manner in which he and the Collier County Risk Management Department
should proceed with respect to this matter. Should the Boar&:lirect counsel to proceed to settlement,
the Board is further requested to authorize the chairwoman to execute the necessary settlement
documents when they are prepared and a oved by the Collier County Attorney, David C. Weigel.
REPARED DATE:
Lawrence Samuel Pivacek
Attorney At Law,
Counsel For Collier County
REVIEWED ~c DATE:
Risk Management Department
REVIEWED BY: 1l,~ ~ ~ DATE:
David C. Weigel, Esq.
County Attorney
C:x. WPW1N60',WPDOCShMISCx, IIEND-EXE SUM
ac, enDattim ........
2 NO.
MAY 2 5 1999
P~. Z
EXECUTIVE SUMMARY
/~' REQUEST BOARD'S APPROVAL TO PAY FOR EXPENSES ASSOCIATED WITH THE SCHEDULERS AND
DISPATCHERS TRADE SHOW OUT OF THE AIRPORT AUTHORITY'S TOURIST DEVLEOPMENT TAX GRANT.
OBJECTIVE: At the request of the Clerk' s Finance Department, the Board of County Commissioners is requested to
authorize the Clerk's Finance Department to pay $229.95 from the Airport Authority's Tourist Development Tax Grant and
$98.55 from the matching funds provided by Chevron and the Airport Authority for expenses related to the Schedulers and
Dispatchers Trade Show.
CONSIDERATIONS: As part of the Airport Authority's Tourist Development Tax Gram application, the Airport
Authority identified the need to exhibit at the 1999 Schedulers and Dispatchers Trade Show to showcase the world class
resort communities of Naples, Marco Island and Everglades City and their associated airports. At this trade show, Airport
Authority staff marketed the Collier County airports and hotels to approximately 1,000 individuals from corporate flight
departments responsible for choosing destinations and making passenger and crew hotel reservations. The Airport
Authority incurred the following expenses to exhibit at the Schedulers and Dispatchers Trade Show which were budgeted
for under the trade show cost category of the Tourist Development Tax Grant:
Tourist
Total Development Tax
Description Expense Grant Portion
Trade show registration $1,200.00 $ 840,00
Booth expenses
Tables $ 129.00 $ 90.30
Popcorn machine $ 328.50 $ 229.95
Booth posters $1,705.00 $1,193.50
~' Stand up, 4 panel booth display $ 750.00 525.00
Trade Show Total $4, I 12.50 $2,878.75
The Clerk's Finance Department has requested that the Board of County Commissioners authorize the Clerk's Finance
Department to pay for the expense of the rented popcorn machine used to attract trade show attendees to Collier County's
booth. This expense was submitted and approved by the Housing and Urban Improvement Department on March 5, 1999
as an eligible cost under the Tourist Development Tax Grant.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The total cost of the popcorn machine was $328.50 of which $229.95 or 70% is a trade show cost
eligible for reimbursement from the Tourist Development Tax Grant. The balance of $98.55 or 30% will be paid from the
matching funds provided by Chevron and the Airport Authority.
RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Cierk's Finance
Department to pay for the rented popcom machine at a total cost of $229.95 coming from the Tourist Development Tax
Grant and $98.55 coming from the matching funds from Chevron and the Airport Authority.
PREPARED t' tC/ DATE:
Jo-Anne Learner, Finance Manager
APPROVED DATE:T 17" 7'
' "' ' ' : AG bI,DA ITEM
"~reg~Mi 14~J/'~od'f6~rofnUD and
Tourisa~t~elvelopment Tax Grant Program MAY
X .
EXECUTIVE SUMMARY
RECOGNIZE AND APPROPRIATE ADDITIONAL REVENUE 1N THE MARCO ISLAND
EXECUTIVE AIRPORT BUDGET.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment that
will increase the Marco Island Executive Airport fuel revenue budget by $134,900 and fuel
expense budget by $64,800 for the sale and purchase of additional jet and avgas and will decrease
the advertising revenue budget by $26,000 because of vacancies on the terminal building backlit
advertising board with the balance of $44,100 being appropriated in Airport Authority reserves.
CONSIDERATIONS: During the first six months of the fiscal year, the Marco Island Executive
Airport sold 165,500 gallons of jet fuel and 63,700 gallons of avgas. This equated to $508,100 in
actual revenue which represents 77% of the budgeted fuel revenues for the current fiscal year.
Fuel sales for the remaining six months of the year are forecast to be similar to sales for the same
period last fiscal year. Based on this forecast, staff projects 247,800 gallons of jet fuel and
l 11,000 gallons of avgas to be sold by year end which would equate to approximately $792,400
in fuel revenues. This forecast exceeds the amount budgeted for fuel sales by $134,900. As a
result of the increased fuel sales, the amount originally appropriated for the purchase of fuel will
be insufficient. The budget for fuel expense needs to be increased by $64,800 to accommodate
the purchase of 23,700 more gallons of jet fuel and 31,600 more gallons of avgas.
In addition, during the first six months of the fiscal year, sales for advertising space on the backlit
board at the Marco Island Executive Airport have been less than expected. A marketing strategy
is being developed and implemented which is forecast to generate $5,000 in advertising sales
over the remaining five months of the year. This will create a budget shortfall of $26,000 in the
backlit advertising board revenue line item.
GROWTH MANAGEMENT IMPACT~ None.
FISCAL IMPACT: No additional funds are required from the Board of County Commissioners.
The proposed budget amendment will increase revenue in the Marco Island Executive Airport
budget by $108,900, increase expenditures for fuel purchases by $64,800, and increase Airport
Authority (Fund 495) reserves by $44,100.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
the proposed budget amendment.
PREPARED BY: ~-~,~i~¢ DATE:
Jo-Anne Learner, Finance Manager
tive Dire or, .
NAY 2 5 1999
EXECUTIVE SUMMARY
TO RECOGNIZE AN ADDITIONAL GRANT OF $41,000 AND INCREASE THE
IMMOKALEE T-HANGAR CONSTRUCTION BUDGET BY $82,000.
OBJECTIVE: For the Board of County Commissioners to recognize an additional grant of
$41,000 and to approve a budget amendment that will increase the Immokalee t-hangar
construction budget by $82,000 with no additional funding required from the Board of County
Commissioners.
CONSIDERATIONS: The Airport Authority is preparing to construct a new set oft-hangars at
the hmnokalee Regional Airport. The engineer's cost estimate for the project exceeds the
budgeted amount by $82,000. The additional cost is a result of an increase in market conditions
and an increase in the size and type of taxi lane required. The engineer recommends a 35 foot taxi
lane with build-out drainage to improve the flow of traffic and to prepare drainage flows for
future apron expansion. Staff has secured a $41,000 supplemental grant from the Florida
Department of Transportation to cover the additional project costs. This supplemental grant
requires a 50% match of $41,000 which can be transferred from the Everglades land acquisition
project which is on hold until additional grants can be secured.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: No additional funding is required from the Board of County Commissioners
as funds are available in the Airport Authority's capital budget. The proposed budget amendment
wi II increase the hmnokalee Regional Airport t-hangar project budget in the Airport Authority
Capital Fund (496) by $82,000.
RECOMI%IENDATION: Staff recommends that the Board of County Commissioners approve
the proposed budget amendment.
;e
Manager
Jty,~Anne Le er, ' '~'
APPROVED BY: DATEL;'/'~' ~/'//7
Drury Execunve D~rect
AGENDA ITEM
No.--b',__- Ic "~ _
NAY 2 5 1999
EXECUTIVE SUMMARY
'/"'-
APPROVE A BUDGET AMENDMENT THAT WILL RECOGNIZE AN ADDITIONAL
GRANT OF $110,000 AND INCREASE THE MARCO ISLAND T-HANGAR
CONSTRUCTION BUDGET BY $220,000.00.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment that will
recognize an additional grant of $110,000 increase the Marco Island Executive Airport t-hangar
construction budget by $220,000.00 with no additional funding required from the Board of
County Commissioners.
CONSIDERATIONS: The Airport Authority is preparing to construct a new set oft-hangars at
the Marco Island Executive Airport. The t-hangar building is estimated to cost $460,000.00. The
Airport Authority applied for 2 grants from the Florida Department of Transportation (FDOT)
totaling $230,000.00 to assist with the cost of construding the t-hangars. The first grant of
$120,000.00 was received and budgeted in fiscal year 1998 along with the required matching
funds. The second grant of $110,000.00 has also been received and now needs to be budgeted.
The match for the second grant was accumulated in 1998 from those projects identified below. It
is available in general carryforward and needs to be budgeted at this time.
Marco T-hangars (Project No. 33354) $48,000
Immokalee T-hangars (Project No. 33358) $20,000
Immokalee AWOS (Project No. 33357) $15,000
1998 Reserves (919010-991000) $27,000
TOTAL $110,000
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: No additional funding is required from the Board of County Commissioners
as funds are available within the Airport Authority's capital budget. The proposed budget
amendment will increase the Marco Island Executive Airport t-hangar project in the Airport
Authority Capital Fund (496) by $220,000.00.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
the proposed budget amendment.
PREPARED BY: '-~'f~,k'V DATE: ~ j, 2',/::[:i
Jo-Anne Learner, Finance Manager
· Drury. Executive irector
MAY 2 5 1999
EXECUTIVE SUMMARY
RECOGNIZE AND APPROPRIATE ADDITIONAL REVENUE IN THE
IMMOKALEE REGIONAL AIRPORT BUDGET.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment
that will recognize lease revenue of $23,900 in the Immokalee Regional Airport's budget
for revenue anticipated to be generated by the Immokalee Regional Raceway lease
through September 30, 1999. In addition, the budget amendment will appropriate $5,700
in various operating and capital line items within the Immokalee Regional Airport's
budget and appropriate the balance of $18,200 in Airport Authority reserves.
CONSIDERATIONS: The Airport Authority entered into an operating agreement with
the Immokalee Regional Raceway for the use of closed runway 4/22 for the purpose of
IHRA sanctioned drag racing. As compensation for use of the leased premises, the
Immokalee Regional Raceway has agreed to pay the Airport Authority a $150 occupancy
fee per month and a commercial activity fee of $1,000 for each week that racing occurs,
with a minimum annual guarantee of $26,000 per year. Racing commenced on April 24,
1999 and is anticipated to continue every weekend indefinitely. Based on this. the Airport
Authority forecasts to receive $900 in occupancy fees for the 6 month period of April
1999 through September 1999 and an additional $23,000 in commercial activity fees for
the 23 weeks beginning April 24, 1999 and ending September 25, 1999. The additional
appropriations are for motor pool $4,200, tuition $500, fencing $1,000.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The proposed budget amendment will increase the Immokalee
Regional Airporfs revenue budget by $23,900, increase the operating budget by $4,700
and the capital budget by $1,000. In addition, the budget amendment will increase
Airport Authority (495) reserves by $18,200.
RECOMMENDATION: Staff recommends that the Board of County Commissioners
approve the proposed budget.
PREPARED BY: D'~/ DATE:
Jo-Anne Leamer, Finance Manager
APPROVED BY:
' e D~recto ,.
2 5 1999
EXECUTIVE SUMMARY
PETITION NO. PUD-84-11(2) GREG STUART OF STUART & ASSOCIATES,
REPRESENTING THE DIOCESE OF VENICE, REQUESTING A REZONE FROM "PUD"
TO "PUD" WHICH WILL CONTINUE TO BE KNOWN AS THE VINCENTIAN PUD
HAVING THE EFFECT OF ELIMINATING CERTAIN USES; DECREASING THE LAND
AREA FOR RESIDENTIAL AND GROUP HOUSING LAND USES; INCREASING THE
RESIDENTIAL DENSITY FROM 3 DWELLING UNITS PER ACRE TO 4 DWELLING
UNITS PER ACRE AND CONVERTING 8.5 ACRES FOR COMMERCIAL LAND USES
AND 11.7 ACRES FOR PRESRVATION PURPOSES FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND TAMIAMI TRAIL EAST
CU.S. 41), IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; CONSISTING OF 30 +/- ACRES.
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Planned Unit Development (PUD) which allows for a mixture of residential, church/school and
institutional land uses, to Planned Unit Development, Vincentian PUD, for the purposes of
amending the current Vincentian Residence PUD which is subject to the requirements of Section
2.7.3.4, Time Limits for approved PUD Master Plans, of the Land Development Code. The
petitioner desires to designate 8.5 acres of the site for commercial land uses, 9.8 acres for
residential land uses, and the remaining 11.7 acres for conservation and open space on the 30 +/-
acre site.
CONSIDERATIONS:
The Vincentian PUD is located on a 30.0 +/- acre tract on the south side of U.S. 41
East, at the southwest comer of the intersection of Southwest Boulevard and U.S. 41. The site is
presently zoned Planned Unit Development (PUD), Vincentian Residence P UD. This petition
purports to rezone this 30.0 +/- acre parcel from PUD to PUD to amend the current approved
Vincentian PUD, having the effect of revising the PUD document and Master Plan to
be consistent with the Collier County Growth Management Plan and the Land Development
Code. The Vincentian Residence PUD was originally approved on June 18, 1985 (Ordinance No.
85-27) and amended on September 16, 1991 (Ordinance No. 91-88). The PUD as approved in
1991, allowed for mixed-use type of development consisting of thirty (30) residential units on
ten (10) acres, a ten (10) acre school/church site, and a ten (10) acre institutional use site. No
development has occurred since the original zoning, and the PUD was subject to the sunsetting
provisions of Section 2.7.3.4 of the LDC. This rezoning purports to allow for mixed-use
residential, commercial and preserve areas on five (5) development tracts, with areas designated
for water management and one (1) conservation tract. Access to the site will be provided via two
driveway entrances, one from U.S. 41 and one from Southwest Boulevard. A maximum of 4
dwelling units per acre for a total of 39 dwelling units will be permitted in the areas de
Residential on the Master Plan; 115,000 square feet of retail or office development wil ain
MAY 2 5 1999
Pg.
.---- areas designated as Commercial; and passive recreation, nature trails and conservation related
land uses on the 11.7 acre tract designated as Conservation. All commercial development on the
site will be required to comply with the County's Architectural and Site Design Regulations
within the Land Development Code.
Development Standards - The proposed development standards for the project are similar to the
C-3 zoning district standards which most closely characterizes the uses authorized by this
district.
FISCAL IMPACT:
This PUD by and of itself will not have a fiscal impact on the County. However, if this request
meets its objective, a portion of the existing land will be further developed. The mere fact that
new development has been approved will result in a future fiscal impact on County public
facilities. The County collects impact fees prior to the issuance of building permits to help off-
set the impact of each new development on public facilities. These impact fees are used to fund
projects in the Capital Improvement Element needed to maintain adopted levels of service for
public facilities. In the event that impact fee collections are inadequate to maintain adopted levels
of service, the County must provide supplemental funds from other revenue sources in order to
build needed facilities.
~-_ Current PUD Zoning District Proposed PUD District
10 acres / 3 sf du per acre = 30 sf du 8.5 acres developed with 115,000 sq ft
commercial
30 s.f. x $578.00 (parks) = $17,340.00 F.A./1,000 x $5,000 (road) = $575,000.00
30 s.f. x $180.52 (library) = $5,145.60 F.A. x 0.30 (fire) --- $34,500.00
30 s.f. x .15 x 1000 sq ft (fire) = $4,500.00 F.A. x 0.005 (radon gas) = $575.00
30 s.f. x $1,778 (schools) = $53,340.00 F.A. x 0.005 (bldg code) -- $575.00
30 s.f. x $1,379 (roads) = $41,370.00 F.A./1,000 x $250.00 (EMS) = $28,750.00
30 s.f. x .005 x 1,000 (radon) = $150.00 Total 115,000 sq ft comm = $639,400.00
30 s.f. x .005 x 1,000 (bldg code) = 9.8 acres / 4 sf du per acre = 39 sf du
$150.00 Total 39 s.f. generate = $159,199.00
30 s.f. x $1.50 (microfilm) = $45.00 Difference of+$36,748.00 for single family
30 s.f. x 14.00 (EMS) --- $420.00
Total 30 s.f. du generate = $122,460.60
Rezoning from the current PUD zoning to the proposed PUD zoning will allow nine (9)
additional dwelling units and 115,000 square feet of commercial land uses where none is
presently permitted. Additionally, 11.7 acres will be removed from potential development and
put into preserve, thus reducing the developable land area. Nine (9) additional single family
dwelling units will generate an additional $36,748.00 in impact fees. 115,000 square feet of
.--- commercial development will generate approximately $639,400.00 in impact fees. The ~gtential
174
MAY 2 5 1999
P~. ~
for the site to be developed for a variety of uses exists, and this analysis does not compare the
fiscal impacts associated with all of the uses which are permitted.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the Growth
Management Plan. The rezoning request is consistent with the applicable elements of the Growth
Management Plan and will not have a negative impact on adopted level of service standards.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
At a public hearing held on May 6, 1999 the CCPC voted unanimously to forward PUD 84-11(2)
to the Board of County Commissioners with a recommendation for approval.
" AGEND A I~M
MAY 2 5 1999
PC. ~,~
PREPARED BY:
~us.~ ~v, ~cP ~ DAT~
CHIEF PL~R
E~D BY:
~', ~ ~ ~'~-R
RON~D F. ~O, ~CP, M~AGER DATE
C~NT PLUG SECTION
_ s< v
ROI~'ERT6f. MULHERE, AICP, DIRECTOR DATE
~-- PLANNING SERVICES
APPROVED BY: ~ ~/'~
VINCENT A. CAUTERO, AICP, ADMINISTRATOR D TE/
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PUD-84-11 (2) Vincentian PUD
This petition has been tentatively scheduled for the May 25, 1999 Board of County
Commissioners Public Hearing.
uo./,7,,-;
MAY 2 5 1999
,
AGENDA ITEM 7-E
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION
DATE: APRIL 12, 1999
RE: PETITION NO: PUD-84-11(2) VINCENTIAN PUD
OWNER/AGENT:
Agent: Greg Smart, AICP
Smart & Associates
2180 West First Street, Suite 210
Ft. Myers, FL 33901
Owner: John J. Nevins as Bishop of the Diocese of Venice
1000 Pinebrook Road
Venice, FL 34292
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Planned Unit Development (PUD) to Planned Unit Development, Vincentian PUD, for the
purposes of mending the current Vincentian Residence PUD which is subject to the
requirements of Section 2.7.3.4, Time Limits for approved PUD Master Plans, of the Land
Development Code. The petitioner desires to designate 7.6 acres of the site for commercial land
uses, 10.4 acres for residential land uses, and the remaining 11.7 acres for conservation and open
space on the 30 +/- acre site.
GEOGRAPHIC LOCATION:
The subject property is located on the south side of U.S. 41 East, at the southwest comer of the
intersection of Southwest Boulevard with U.S. 41. The site has approximately 863 +/- feet of
frontage on U.S. 41 and is approximately 958 +/- feet deep, for a total site area of approximately
30 +/- acres. The site is located in Section 32, Township 50 South, Range 26 East, Collier
County, Florida.
AC~.NDA STEM
MAY 2 5 1999
1 pg,~
PURPOSE/DESCRIPTION OF PROJECT:
The Vincentian PUD is located on a 30.0 +/- acre tract on the south side ofU. S. 41
East, at the southwest comer of the intersection of Southwest Boulevard and U.S. 41. The site is
presently zoned Planned Unit Development (PUD), Vincentjan Residence PUD. This petition
purports to rezone this 30.0 +/- acre parcel from PUD to PUD to amend the current approved
Vincentian PUD, having the effect of revising the PUD document and Master Plan to
be consistent with the Collier Cotmty Growth Management Plan and the Land Development
Code. The Vincentjan Residence PUD was originally approved on June 18, 1985 (Ordinance No.
85-27) and amended on September 16, 1991 (Ordinance No. 91-88). The PUD as approved in
1991, allowed for mixed-use type of development consisting of thirty (30) residential units on
ten (10) acres, a ten (10) acre school/church site, and a ten (10) acre institutional use site. No
development has occurred since the original zoning, and the PLrD was subject to the sunsetting
provisions of Section 2.7.3.4 of the LDC. This rezoning purports to allow for mixed-use
residential, commercial and preserve areas on five (5) development tracts, with areas designated
for water management and one (1) conservation tract. Specifically, the PUD Master Plan
indicates two (2) tracts totaling 7.6 +/- acres located on the northern 1/3 of the subject site
adjacent to U.S. 41 proposed for commercial land uses; a 4.5 +/- acre residential tract adjacent to
Southwest Boulevard at the southwest comer of the site; an 11.7 +/- acre conservation tract on
the south-central 1/2 of the site; and a 5.9 +/- acre residential and surface water management tract
on the southeast comer of the site. Access to the site will be provided via two driveway
entrances, one from U.S. 41 and one from Southwest Boulevard. The driveway access from
Southwest Boulevard will provide access from the developed residential property adjacent to the
site to the south and west to the commercial portions of the site without having to access the site
from U.S. 41. Accessways within the development will provide interconnection between the
various land uses within the site. The Vincentian PUD will permit a maximum of four (4)
dwelling units per acre for a total of 39 dwelling units in the areas designated as Residential on
the Master Plan; 115,000 square feet of retail or office development within the areas designated
as Commercial; and passive recreation, nature trails and conservation related land uses on the
11.7 acre tract designated as Conservation. All commercial development on the site will be
required to comply with the County' s Architectural and Site Design Regulations within the Land
Development Code.
SURROUNDING LAND USE AND ZONING:
Existing: The subject site is located on the south side of the eastern portion of U.S. 41, at
the southwest comer of the intersection of Southwest Boulevard and U.S. 41.
Surrounding: North - U.S. 41; Whistler's Cove PUD, a residential PUD approved for a total of
240 dwelling units at density of 10 units per acre.
South - RSF-4; developed with single family residential dwelling units 4 A{IENDA
dwelling units per acre. No.~
2 pg.
---- East - C-3 and MH; developed with a lift station then a commercial strip plaza,
and a mobile home park.
West - C-5 and RSF-3; developed with a convenience store/gas station and single
family residential dwelling units, 3 dwelling units per acre.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Coastal Fringe land use classification as
designated on the Future Land Use Map to the Future Land Use Element of the Growth
Management Plan.
A review of consistency relationships with elements of the GMP is as follows:
Future Land Use Element -
The subject property is currently zoned PUD, Planned Unit Development which allows a mixed
use development of residential and institutional type of land uses. It is located in the Urban
Coastal Fringe area as designated on the Future Land Use Map, on the south side of the eastern
portion of U.S. 41. This petition will rezone the property to PUD to allow for a mixed-use
residential, commercial and preserve types of land uses, allowing a maximum density of 4
dwelling units per acre on two residential tracts totaling 10.4 acres, and a maximum commercial
square footage of 115,000 square feet on two tracts totaling 7.6 acres. The provision to allow
Commercial areas as designated on the PUD Master Plan is consistent with the Office and In-fill
Commercial Subdistrict provision of the Future Land Use Element, which allows in-fill
commercial development on small parcels within the Urban-Mixed Use land use district which
are located along arterial and collector roadways where residential development, as allowed by
the Density Rating System, may not be compatible or appropriate with surrounding land uses.
Staff anticipates that this provision of the Future Land Use Element shall become legally
effective at the end of April, 1999. The PUD document allows uses that are consistent with the
low intensity office and commercial uses generally permitted in the C-2 and C-3 zoning districts.
These uses comply with the provisions and intent of the Office and In-fill Commercial
Subdistrict when located within the Urban Residential Mixed Use land use classification as
designated on the Future Land Use Map. For these reasons, the petition is consistent with the
Future Land Use Element of the Growth Management Plan. Within the tracts designated as
residential on the PUD Master Plan, the petitioner is requesting a maximum residential density of
four (4) dwelling units per acre, for a total of 41 dwelling units. The Density Rating System
provides for a maximum eligible density of four (4) dwelling units per acre within the Urban
Coastal Fringe areas on the Future Land Use Map. Therefore, the pefifioner's request is consistent
with the Density Rating System in the FLUE.
Consistency with other applicable elements of the Growth Management Plan is as follows:
MAY 5 1999
3 pg.~ ~
Traffic Circulation Element -
The ITE Trip Generation Manual indicates that this petition will generate approximately 5,711
average weekday trips. The difference between the proposed site-generated traffic and the
currently approved site-generated Waffle will not exceed the significance test standard (5 percent
of the LOS "C" design volume) on U.S. 41. The Traffic Circulation Element lists U.S. 41 as a 4-
lane arterial road fronthag the project. The current traffic count for this segment east of
Rattlesnake-Hammock Road is 32,530 average annual daily trips (AADT) and is operating at
LOS "C". It should be noted that this segment is not projected to be deficient at the build-out of
this project. In addition, the project trips will not lower the level of service below the adopted
LOS standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE).
Staff has reviewed the layout of the PUD Master Plan and finds the following: The primary
access to the site will be from U.S. 41, which has clear sight distance at the proposed access
point. A secondary access will be provided from Southwest Boulevard.
Lastly, Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow
and the need for adequate parking. Staff is of the opinion that this petition is consistent with this
policy. The final design will be reviewed at the time of site development plan review (SDP) or
preliminary subdivision plat.
Other Applicable Element (s) -
Other applicable elements are those typically evaluated at the time of subsequent development
approvals, and generally deal with infrastructure. To the extent that improvements to
infrastructure and/or the extension of available public utilities is required, these will be mandated
at the time of approval of the required site development plan and/or subdividing if necessary.
Water management facilities will be constructed to meet County ordinances and these will be
reviewed and approved as a sanction of obtaining subsequent development order approvals.
The above prescribed course of action makes this petition consistent with this element of the
GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner' s property is located outside an area of historicai and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
Pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site
clearing, excavation or other consm~ction activity an historic or archaeological artifact
all development within the minimum area necessary to protect the discovery shall be No.
immediately stopped and the Collier County Code Enforcement Department contacted
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The appropriate staff responsible for the above referenced areas of concern has reviewed the
subject petition. This primarily includes a review by the Community Development
environmental and engineering staff, and the Transportation Services Division staff.
This petition was reviewed by and a recommendation of approval was forwarded on behalf of the
EAB subject to conditions, which have been incorporated into the PUD document.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis
for a recommendation of approval or denial by the Collier County Planning Commission to the
Board of County Commissioners. Each of the potential impacts or considerations identified
during the staff review are listed under each of the criterion noted and are categorized as either
pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the
criterion is followed by' a summary conclusion culminating in a determination of compliance,
non-compliance, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision-make~'s. The evaluation by professional .staff should
typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements. Other evaluation considerations should include
an assessment of adequacy of transportation infrastructure, other in~'astmcture, and compatibility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship
of the rezoning action to the long range plan for future land uses.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
AGENDA I'I~:.M
17/
MAY 2 5 1999
5 Pg' . -/~
Relationship to Future and Existing Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the proposed zoning action to the Growth Management
Plan.
The subject property is located within the Urban Residential Mixed Use land use classification
within the Urban Coastal Fringe area as depicted on the Future Land Use Map of the Growth
Management Plan. Specifically, a rezoning action to PUD to allow mixed use residential and
low intensity office and commercial development is consistent with the Office and In-fill
Commercial subdistrict of the Future Land Use Element as part of Ordinance No. 97-67, which
was adopted on October 28, 1997. The Office and In-fill Commercial Subdistrict allows for
commercial uses within the Urban Residential Mixrid Use land use classification if the subject
property meets the specific criteria outlined in the FLUE of the GMP. The intent of this
Subdistrict is to allow low intensity office commercial or in-fill commercial development on
small parcels within the Urban-Mixed Use District located along arterial and collector roadways
where residential development, as allowed by the Density Rating System, may not be compatible
or appropriate. The project meets each of the ten criteria specified in the FLUE to the GMP and
is consistent with the Growth Management Plan. The criteria allow land abutting commercial
zoning on one side, to be limited to office or low intensity commercial land uses. The site is
located on the south side of U.S. 41 on its eastern section. The site is adjacent to properties zoned
C-3 on the west side, across Southwest Avenue, and C-5 on the east side. A rezoning action to
PUD is compatible with the neighboring commercially zoned and developed tracts on abutting
the site on the east and west. These sites are currently developed with a pump station and a strip
shopping plaza to the east, and a convenience store/gasoline service station to the west. The
proposed 8.5 acre commercial tracts of the subject property are adjacent to U.S. 41 and are of
similar depth to the abutting developed commercial properties described above. Abutting the site
to the south and east, is property zoned RSF-3. These areas are substantially developed with
single family residential dwelling units. The PUD Master Plan is designed to buffer the abutting
single family residential development from the proposed commercial development adjacent to
U.S. 41. The Master Plan indicates developed residential properties to the east, south and west
abut residential and preserve area tracts on the subject site. All commercial development on the
site will be required to comply with the County's Architectural and Site Design Regulations
within the Land Development Code.
Traffic:
The ITE Trip Generation Manual indicates that this petition will generate approximately 5,711
average weekday trips. The difference between the proposed site-generated traffic and the
currently approved site-generated traffic will not exceed the significance test standard (5 percent
of the LOS "C" design volume) on U.S. 41. The Traffic Circulation Element lists U.S. 41 as a 4-
lane arterial road fronting the project. The current traffic count for this segment east of
Rattlesnake-Hammock Road is 32,530 average annual daily trips (AADT) and is operafi '
LOS "C". It should be noted that this se.~mnent is not projected to be deficient at the bulk ~ut
this project. In addition, the project trips will not lower the level of service below the a~ >pted '
MAY 2 5 1999
6
Pg../7
LOS standard. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE).
Staff has reviewed the layout of the PUD Master Plan and finds the following: The primary
access to the site will be from U.S. 41, which has clear sight distance at the proposed access
point. An additional access will be provided from Southwest Avenue, on the west side of the
project. Interconnection between the subject property and the C-5 zoned property to the east is
not possible. The portion of the site immediately abutting the subject site to the east is developed
with a public facility type of pump station.
Lastly, Policy 7.3 of the TCE requires the provision of safe and convenient on-site traffic flow
and the need for adequate parking. Staff is of the opinion that this petition is consistent with this
policy. The final design will be reviewed at the time of site development plan review (SDP) or
preliminary subdivision plat.
Utility Infrastructure:
Water distribution, sewage collection and transmission facilities to serve the project are to be
designed, constructed, conveyed, owned and maintained in accordance with Collier County
Ordinance 88-76, as amended, and other applicable County roles and regulations. All
development must comply with surface water management requirements invoked at the time of
site development plan approval. Water management planning, is however, reflected on the PUD
master plan for the entire site.
Community_ Infrastructure and Services:
The subject property will provide convenient access to a wide range of shopping and dining
facilities all within walking distance and a short driving distance to residents within neighboring
and nearby residential developments. Police, fire and other emergency services can be readily
provided from the appropriate provider jurisdiction.
MASTER PLAN AND PUD DEVELOPMENT STANDARDS:
Master Plan - The master plan iljustrates the Land Development Code requirements relative to
landscape buffers, open space, and water management. The internal street system provides
connections to U.S. 41 and Southwest Avenue.
Development Standards - The proposed development standards and location of commercial
development take into account the surrounding land uses and zoning. Setbacks from the east,
south and west property boundaries, and internal setbacks take into account the residential zoning
and development of neighboring properties.
STAFF RECOMMENDATION:
with the stipulations found in the Ordinance.
}4/ Y 2 5 1999
PREPARED BY:
SAN MURRAY, AICP ./" DATE
CHIEF PLANNER
WED Y:
R~ 'XI]5 FT ""' O, CP DATE
CURRENT PLANNING MANAGER
~~. ~ - ~
ERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMIN'ISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SVCS.
Staff Report for the May 6, 1999 CCPC meeting.
Petition Number: PUD-84-11 (2) tentatively scheduled for the May 25, 1999 BCC meeting.
SSIONCOLLIER :
C C~ BR~MMI ~c,~o~ {'~
~. /7,4
MAY 2 5 1999
s ~,g.
REZONE FINDINGS FOR PETITION PUD-84-11(2)
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. All of the property is located within the Urban Designated
Area on the Future Land Use Map to the Future Land Use Element to the Growth
Management Plan. A detailed summary of compliance with the GMP is provided in the
staff report.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable.
SummaT Findings:
Existing: The subject site is located on the south side of the U.S. 41 East,
at the intersection of Southwest Boulevard and U.S. 41.
Surrounding: North - U.S. 41; Whistler's Cove PUD, a residential PUD approved for a total of
240 dwelling units at density of 10 units per acre.
South - RSF-4; developed with single family residential dwelling units.
East - C-3 and M/I; developed with a lift station then a commercial strip plaza,
and a mobile home park.
West - C-5 and RSF-3; developed with a convenience store/gas station and single
family residential dwelling units.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The subject site is of sufficient size (30.0 +/- acres) and is located adjacent to
properties that are zoned to allow commercial and residential land uses. Utilizing the
Office and In~ll subdistrict of the Growth Management Plan will permit a lower
intensity commercial and office development. Abutting the residential tract to the
southeast and southwest, is an a 11 acre preserve area south and central to the site, which
will create a buffer between the commercial activities fronting on U.S. 41 and the
residential areas to the south.
Con: None.
Summary Findings: The rezoning of the subject site from "A" to PUD will not have the
effect of creating an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogica!!y drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary_ Findines: The existing district boundaries are logically drawn consistent with
existing conditions on the property proposed for development.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed change is appropriately based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed change will not adversely influence living conditions
in the neighborhood because the recommended development standards and other
conditions for approval have been promulgated and designed to ensure the least amount
of adverse impact on adjacent and nearby developments. Furthelmore, the proposed
project is in compliance with the GMP and is compatible with surrounding dev, ,,lopml~ffi~A lIEu
/74
10 Pg.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding !and uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affects public safety.
Pro: (i) The proposed development of the subject property is consistent with the
provisions of the Traffic Element of the Growth Management Plan,
therefore the additional traffic generated by the proposed development
should not adversely affect the comfort and safety of existing users on
adjacent public roads.
(ii) The subject property is located adjacent to the County's arterial and
collector road system.
Con: (i) As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by law, this degree of
discomfort is regulated by concurrency requirements.
Summary. Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent.
In the final analysis all projects are subject to the Concurrency Management system.
Additionally, certain traffic management system improvements are required as a
condition of approval (i.e. turn lanes, traffic signals, dedications, etc.).
8. Whether the proposed change will create a drainage problem;
Pro: Road improvements precipitated by this development and water management
improvements to accommodate site development are designed to accommodate the
normal drainage requirement.
COn: Urban intensification potentially can heighten the occasion for area-wide flooding
under the more severe rainfall event.
Summary Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area-wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land~ the
County is required to react through its Concurrency Management system. AC/,ND^ IrEma
/7,4
MAY 2 5 1999
11 pg./o/
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary Findinl~s: All projects in Collier County are subject to the development
standards that are umque to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) and are designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Urban intensification typically increases the value of adjacent vacant or
underutilized land.
Con: None.
Summary Findin_2s: This is a subjective determination based upon anticipated results
that may be internal or external to the subject property that can affect property values.
Property valuation is affected by many factors including zoning, however zoning by itself
may or may not affect values, since value determination by law is driven by market value.
The mere fact that a property is given a new zoning designation may or may not affect
value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findings: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in a deterrence to the
development of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public weftare;
Pro/Con: Evaluation not applicable.
Summary Findings: Since consistency with the Future Land Use Element of the
County's Growth Management Plan is deemed to be in the public's interest, an I oec~ki~t~DA SFP..M '
the proposed re'zoning action and subsequent development complies with the C rowt~ / 7 ,~
MAY 2 5 1~9 ~
Management Plan, then the proposal can be deemed not to constitute a special privilege
and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property is not undevelopable under the current zoning
designation, however, due to the PUD sunsetting provisions, could be rezoned to a less
intense district. This PUD rezoning action will bring the current PUD zoning district into
compliance with the Future Land Use Element, while providing the petitioner the
opportunity to maximize the development potential of the site as made possible by its
consistency relationship with the FLUE.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro/Con: Evaluation not applicable.
---- Summary Findings: The proposed development complies with the Growth Management
Plan, a policy statement which has evaluated the scale, density and intensity of land uses
deemed to be acceptable for this site.
15. Whether it is impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: There are other sites which are zoned to accommodate the proposed
development, although the GMP limits the total acreage to utilize the Office and Infill
Commercial subdistrict, County-wide, to 250 acres. This is not the determining factor
when evaluating the appropriateness of a rezonmg decision. The determinants of zoning
are consistency with all elements of the GMP, compatibility, adequacy of infrastructure
and to some extent the timing of the action and all of the above criteria.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
.-...-., AGENDAITEM
.,,.
MAY 2 5 1999
13 pg. /O~
Summary Findings: The extent of site alteration will be determined as a function of
obtaining Site Development Plan approval, which will be necessary to execute the PUD's
development strategy.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
management Plan as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findings: Sanitary sewers and municipal water utilities will be available to
serve the development at the time of construction. Review by jurisdictional staff for
consistency evaluation with GMP required levels of service advise that there is no
deficiency.
AGENDA ITEM I
HAY 2 5 1999
,,;. /?..
FINDINGS FOR PUD
PUD-84-11 (2)
Section 2.7.3.2.5. of the Collier County Land Development Code requires the CCPC to
make a finding as to the PUD Master Plan' s compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Pro: (i) Development of land which is located at the intersection of two (2)
roadways (U.S. 41 East and Southwest Boulevard) is particularly suitable for low
intensity commercial and office infill as a transitional use between the intersection
and the residential land uses to the west and south.
Con: (i) Nearby residential communities often perceive development
intensification in their area as contributing factors to inconveniencing
movements to and from their place of residence.
Findins: Jurisdictional reviews by County staff support the manner and
pattern of development proposed for the subject property. Development
conditions contained in the PUD document give assurance that all infrastructure
will be developed and be consistent with County regulations. Any inadequacies
which require supplementing the PUD document will be recommended to the
Board of County Commissioners as conditions of approval by staff and the
CCPC.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facffities that are not to be provided or maintained at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions
for continuing operation and maintenance of common areas.
AGENDA IYEM
3, Confonaity of the proposed Hagned Unit Development with the ge tls,
objective and policies of the Growth Management P!au. MA,v 2 5 1999
Pro/Con: Evaluation not applicable.
Findinl~: This petition has been reviewed by the appropriate staff for
compliance with the applicable elements of the County's Growth Management
Plan. The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. The subject property is designated
Mixed Use Urban Residential on the Future Land Use Map to the Growth
Management Plan, but is consistent with the criteria for the Office and In~ll
Commercial Subdistrict. As such it authorizes zoning actions aimed at allowing
the land to be used for low intensity commercial and office infill based on the
Growth Management Plan.
4. The internal and external compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on design,
and buffering and screening requirements.
Pro/Con: Evaluation not applicable.
Finding,: The PUD Master Plan has been designed to optimize internal land
use relationships through the use of various forms of open space separation.
External relationships are regulated by the Land Development Code to help
assure harmonious relationships between projects.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development
Pro/Con: Evaluation not applicable.
Finding: The amount of open space set aside by this project is consistent
with the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Finding: Timing or sequence of development in light of concurrency
requirements automatically triggers the mechanism for ensuring that future LOS
degradation is not allowed or the LOS deficiency is corrected. See Finding No. 1,
also applicable for this finding.
AC, EDQ:)A IYEM
16
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Findin2: Ability, as applied in this context, implies supporting infrastructure such
as wastewater disposal systems, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions
emanating from urban development. This assessment is described at length in the
staff report.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
modifications are justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
Pro: Proposed development standards generally comply with those required for
the most similar conventional zoning district.
Con: None.
Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning
district. The development standards in this PUD are similar to those standards
used for the C-1 and C-1/T zoning district.
2 5 1999
l?
Petition Number Date
APPLICATION FOR PUBLIC HEARING
FOR PUD AMENDMENT/DO AMENDMENT dot 2 7
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES ~
1. Name of Applicant (s) The Diocese of Venice
Applicant's Mailing Address 1000 Pinebrooke Road
City. Venice State Florida Zip 34292
Applicant's Telephone number. Bus: (941FI84-9543
Is the applicant the owner of the subject property?
X Yes No
__ (a) If applicant is a land trust, so indicate and name beneficiaries below.
__ (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below.
__ (c) If applicant is a parmership, limited partnership or other business entity, so indicate and name principals below.
X (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
__ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease.
__ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner (s) name and address below.
Bishop John J. Nevin,% The Dim of Venice
(If space is inadequate, attach on separate page.)
2. Name of Agent Greg_ Stuart Firm Smart & A-.t_eaa¢iaAes
Agents mailing address 2180 West First Street. Suite 210
City FL M_vers State Florida Zip 33901 ~,GENDA ~TEM"'
Telephone number Bus: (941)'~M=Se-J'3~Y' ~,~'1- '7 ~'7~
33"I - ?.,LI q to
----- 3. PUD ORDINANCE NAME AND NUMBER: Vincentian Residence PUD - Ord. #
91-88
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If request involves change
to more than one zoning district, include separate legal description for property involved in
each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION 32 TOWNSHIP 50 RANGE 26
See attached legaft description
5. Address or location of subject property Southeast corner of SOUthwest Boulevard and
Tamiami Trail East
6. Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (ff space is inadequate, attach on
separate page). NIA
7. TYPE OF AMENDMENT:
X A. PUD Document Language Amendment
X B. PUD Master Plan Amendment
C. Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLA 4: .
""""" ' AGE. NDA II~c.M'
X YES NO ff no, explain:
--
9. HAS A PUBLIC HEARLNG BEEN HELD ON THIS PROPERTY WITHIN THE LAST
YEAR? If so, in whose name? Collier County initiated down zone
PETITION #: DATE: 2/98
10. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD
AND/OR DEVELOPED?
Yes. X No. If yes, describe: (attach additional sheets if
necessary).
AGENDA ITEM
MAY 2 5 1999
AFFIDAVIT
I. John J. Nevins ., being duly sworn, depose and say that I am the owner of the property
described herein and which is the subject matter of the proposed hearing; that all the answers to the
questions in this application, and all sketches, data and other supplementary matter attached to and made a
part of this application, are honest and tree to the best of my knowledge and belief. I understand this
application must be completed and accurate before a hearing can be advertised. I further permit Greg
Smart, AICP, and Karen Bishop
(Agents Name)
to act as my representative in any matters regarding this petition.
SlCtlqATU~' O1~ OWNEP, j
John J. Nevins, as Bishop of the
STATE OF FLORIDA Diocese of Venice, a Corporation
COUNTY OF SARASOTA Sole
The forgoing Agreement Sheet was acknowledged before me this 11 th day of June ,
1998, by John J. Nevins ~h0 is personally known to m_'L'Dor who has produced
Identification and who did (did not) take an oath.
. . . ~ (Sign )
!~! o~ MYClmmlmhmh~.il/lltlll Betty L. Adler
' NOT Y
Commission ~
My Commission Exp~es:
]
2 ORDINANCE 9 9 -
3
5 AN ORDINANCE AMENDING ORDINANCE NUMBER
6 91-102, THE COLLIER COUNTY LAND
7 DEVELOPMENT CODE, WHICH INCLUDES THE
8 COMPREHENSIVE ZONING REGULATIONS FOR THE
9 UNINCORPORATED AREA OF COLLIER COUNTY,
10 FLORIDA, BY AMENDING THE OFFICIAL ZONING
]1 ATLAS MAP NUMBERED 0632N BY CHANGING THE
]2 ZONING CLASSIFICATION OF THE HEREIN
]3 DESCRIBED REAL PROPERTY FROM "PUD" TO
]4 "PUD. PLANNED UNIT DEVELOPMENT KNOWNAS
15 VINCENTIAN, FOR PROPERTY LOCATED AT THE
16 SOUTHEAST CORNER OF SOUTHWEST BOULEVARD
17 AND TAMIAMI TRAIL EAST (U.S. 41), IN
18 SECTION 32, TOWNSHIP 50 SOUTH, R/LNGE 26
19 EAST, COLLIER COUNTY, FLORIDA,
20 CONSISTING OF 30~ ACRES; PROVIDING FOR
21 THE REPEAL OF ORDINANCE NUMBER 91-88, AS
22 AMENDED, THE FORMER VINCENTIAN PUD; AND
23 BY PROVIDING AN EFFECTIVE DATE.
24
26 WHEREAS, Greg Stuart of Stuart & Associates, representing The
27 Diocese of Venice, petitioned the Board of County Commissioners to
28 change the zoning classification of the herein described real
29 property;
30 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
3] OF COLLIER COUNTY, FLORIDA;
32
33 The Zoning Classification of the herein described real property
34 located in Section 32, Township 50 South, Range 26 East, Collier
35 County, Florida, is changed from "PUD" to "PUD" Planned Unit
36 Development in accordance with the PUD Document, attached hereto as
37 Exhibit "A", which is incorporated herein and by reference made part
38 hereof. The Official Zoning Atlas Map numbered 0632N, as described in
39 Ordinance Number 91-102, the Collier County Land Development Code, is
40 hereby amended accordingly.
42 Ordinance Number 91-88, as amended, known as the Vincentian PUD,
43 adopted on September 16, 1991 by the Board of County Commissioners of
~ Collier County, is hereby repealed in its entirety. AGENDAI'r:EM
1
~ 2 SECTION THREE:
3 Tkhis Ordinance shall become effective upon filing with the
4 Department of State.
5 PASSED AND DULY ADOPTED by the Board of County Commissioners of
6 Collier County, Florida, this day of , 1999.
7
8 ATTEST: BOARD OF COUNTY COMMISSIONERS
9 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
10
]2
14 BY:
15 PAMELA S. MAC' KIE, Chairwoman
]6
]7 Approved as to Form and
18 Legal Sufficiency
19
20
~arjor~ M. Studeht '
23 Assistant County Attorney
24
25 f/PUD-e4-11(2)
Exhibit A
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
The Vincentian PUD
A Mixed Use Development
Prepared by:
Stuart and Associates
2180 West First Street, Suite 210
Fort Myers, Flodda 33901
Date Reviewed by CCPC:
Date Approved by BCC: AGENDA IITUVl
Ordinance Number: No, /?',,~
MAY 2 5 {999
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE 3
SECTION I Property Ownership &Description 5
SECTION !1 Project Development 7
SECTION III Residential District 12
SECTION IV Community Commercial District 16
SECTION V Reserve District 19
SECTION VI General Development Commitments 21
LIST OF EXHIBITS
EXHIBIT "A" PUD Ordinance
EXHIBIT "B" Master Plan & Water Management Plan
..'-'-- AGENDA I1T,.M
N~ ./7 ~
MAY 2 5 1999
2
STATEMENT OF COMPLIANCE
The development of approximately 30+/- acres of property in Section 32, Township 50 South,
Range 26 East, Collier County, as a Planned Unit Development to be known as The Vincentian
PUD will be in compliance with the planning goals and objectives of Collier County as set forth in
the Collier County Growth Management Plan. The commercial and residential/group housing
facilities of the Vincentian PUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following reasons:
1. The subject property is located along the South US 41 corridor, between
Rattlesnake Hammock Road and CR 951, and is classified as Urban Coastal Fringe as
identified on the Future Land Use Map. The Future Land Use Element permits
commercial infill, residential and group housing land uses in this area. Bounded to the
north and south by highway commercial uses, the site is well suited as a commercial infill
property for the US 41 frontage and for residential/group housing along Southwest
Boulevard.
2. The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of land use as required in
Objective 2 of the Future Land Use Element, and Policies 2.2, 2,3, 2.4, 2.5 and 2.6.
3. The project development promotes sound planning and ensures land use
compatibility as required by Objective 5 of the Future Land Use Element. The project
development is compatible with and complementary to existing and future surrounding
commercial land uses to the north and south, and existing and future surrounding
residential land uses to the northwest, west and southwest, as required by the Commercial
In-fill policy and Policy 5.4 of the Future Land Use Element.
4. The project shall be in compliance with all applicable County regulations including
the Growth Management Plan.
5. All final development orders for this project are subject to Division 3.15, Adequate
Public Facilities, of the Collier County Land Development Code as set forth in Policy 3.1 of
the Future Land Use Element.
6. Group Housing, which includes adult living facilities and nursing homes, is
permitted in the Urban Coastal Fdnge Area per Policy 5.8 of the Future Land Use
Element.
7. The V'mcentian PUD is planned to incorporate natural systems for'
management in accordance with their natural functions and capabiliti~;~
required by Objective 1.5 of the Drainage Sub-Element of the Public
MAY 2 5 1EEl9 I
3 Pg. , *~/
8. The project will be served by a complete range of services and utilities as approved
by the County,
9, The entire subject property qualifies for a base density of four dwelling units per
acre. The subject property qualifies for group housing densities consistent with LDC
Section 2,6.26 and is therefore consistent with Future Land Use Element Policy 5.1.
MAY 2 5 1999
4
SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
name of The Vincentian PUD
1.2 LEGAL DESCRIPTION
A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
COMMENCING AT THE COUNTY MONUMENT MARKING THE EAST 1/4 CORNER OF SECTION
32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, THIS MONUMENT BEING THE POINT OF BEGINNING:
THENCE RUN NORTH 02 DEGREES 47 MINUTES 30 SECONDS EAST. ALONG THE EASTERLY
BOUNDARY OF SECTION 32, A DISTANCE OF 826.25 FEET TO THE INTERSECTION OF THE
EASTERLY BOUNDARY OF SECTION 32 AND THE SOUTHEASTERLY RIGHT-OF-WAY OF
TAMIAMI TRAIL (U.S. 41), SAID INTERSECTION BEING 200 FEET AT RIGHT ANGLES TO THE
CENTER LINE OF TAMIAMI TRAIL AND 9.27 FEET WEST OF THE POINT OF TANGENT OF THE
RIGHT-OF-WAY CURVE; THENCE, FROM SAID INTERSECTION POINT, RUN ALONG THE RIGHT-
OF-WAY ARC, A DISTANCE OF 884.45 FEET TO THE POINT OF CURVE, SAID CURVE HAVING A
DELTA ANGLE OF 15 DEGREES AND 21 MINUTES RIGHT, A TANGENT LENGTH OF 438.76 FEET,
A RADIUS OF 3255.85 FEET AND A DEFLECTION ANGLE OF 00 DEGREES 52 MINUTES 40
SECONDS; THENCE, FROM SAID POINT OF CURVE RUN NORTH 39 DEGREES 04 MINUTES WEST,
ALONG THE RIGHT-OF-WAY TANGENT, FOR A DISTANCE OF 76.11 FEET TO A CONCRETE
MONUMENT SET ON THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION AS
RECORDED IN PLAT BOOK 3 AT PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY;
THENCE SOUTH 50 DEGREES 56 MINUTES WEST, ALONG THE EASTERLY BOUNDARY OF TRAIL
ACRES SUBDIVISION, A DISTANCE OF 958.37 FEET TO A CONCRETE MONUMENT; THENCE
SOUTH 39 DEGREES 40 MINUTES EAST, A DISTANCE OF 1082.32 FEET, TO A CONCRETE
MONUMENT SET ON THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF SECTION 32; THENCE
ALONG SAID BOUNDARY OF THE NORTHEAST 1/4, BEARING SOUTH 87 DEGREES 31 MINUTES
45 SECONDS EAST, A DISTANCE OF 696.20 FEET TO A COUNTY CONCRETE MONUMENT, THE
EAST 1/4 CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND THE POINT OF
BEG[N'NING; Containing 30.00 acres, more or less.
Subject to easements, reservations or restrictions of record.
1.3 PROPERTY OWNERSHIP
The subject property is currently owned by the Diocese of Venice.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA ,,
AGENDA IYEM
A. The subject property is located along South US 41 of unincorpor; .,d ~ef~l!!=r/-~"~
County, Flodda. The subject property is located within the Urban Coast; Fr~.f ~ 1999
designated on the Future Land Use Map.
5 p~._ ~
B. The property is currently vacant. The entire site currently has PUD zoning.
1.5 PROJECT DESCRIPTION
The Vincentian PUD will include a mixture of land uses for commercial and
residential/group housing. The Vincentian PUD intends to establish commercial
development guidelines and standards to ensure a high and consistent level of quality for
proposed features and facilities. Uniform guidelines and standards will be created for
landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on
Exhibit "A" PUD Master Plan. Individual Tract land use acreages are identified within the
master plan.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Vincentian Planned Unit
Development Ordinance."
AGEh~)A
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of The Vincentian PUD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District, applicable
sections and parts of the Collier County Land Development Code and Collier County
Growth Management Plan in effect at the time of local final development order or building
permit application. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district in the Collier County Land Development Code
shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the date of
adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of The Vincentjan PUD shall become part of the regulations that govern the
manner in which the PUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided
for this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subjected to a
concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the
Collier County Land Development Code at the earliest, or next, to occur of either Final Site
Development Plan approval, Final Plat approval, or building permit issuance applicable to
this development.
2.3 PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan.
B. Minor modffications to Exhibit 'A" may be permitted at the time of Site Development
Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land~ ......
Development Code or as otherwise permitted by this PUD Document. ~,GF_ND^ ~TEM
C. In addition to the various areas and specific items shown in Exhibit "A", easements
(such as utility, private, semi public, etc.) shall be established and/or vacated within or
along the property, as may be necessary.
2.4 LAND USE
A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Except as otherwise provided within this PUD Document, any division of the
property and the development of the land shall be in compliance with the
Subdivision Regulations and the platting laws of the State of Florida.
B. The provisions of Division 3.3, Site Development Plans of the Land Development
Code, when applicable, shall apply to the development of all platted tracts, or
parcels of land as provided in said Division 3.3 prior to the issuance of a building
permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and the methodology for providing
perpetual maintenance of common facilities.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier
County Land Development Code.
2.6 MODEL HOMES
Model Homes and Model Home Sales Centers shall be permitted as provided for in
Section 2.6.33.4 of the Collier County Land Development Code.
2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This PUD is subject to the sunsetting provisions as provided for within Article 2, Division
2.7, Section 2.7.3.4 of the Collier County Land Development Code.
2.8 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the Collier County Land Development Code.
2.9 DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property ownership association(s), which will be
responsible for maintaining the roads, streets, drainage, common areas, and water and
sewer improvements where such systems are not dedicated to the Count~.
AGENDA ITEM
No.
HAY 2 5 1999
2.10 OPEN SPACE REQUIREMENTS
A minimum of thirty percent (30%) of the projecrs gross area shall be devoted to
open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County
Land Development Code. The total project is 30 +/- acres requiring a minimum of
9 acres to be retained as open space throughout The Vincentjan PUD.
This requirement shall not apply to individual development parcels.
2.11 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land
Development Code, 25% of the viable naturally functioning native vegetation on site shall
be retained.
2.12 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future use of building space
within common areas for the purposes of accommodating the function of an electoral
polling place.
2.13 SIGNS
Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land
Development Code.
2.14 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the
Collier County Land Development Code may be reduced with the administrative approval
of the Collier County Engineering Review Manager. All lakes greater than two (2) acres
may be excavated to the maximum commercial excavation depths set forth in Section
3.5.7.3.1; however, removal of fill from The Vincentjan PUD shall be limited to an amount
up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume
excavated unless a commercial excavation permit is received.
2.15 EXCAVATION AND VEGETATION REMOVAL
A. Improvement of property shall be prohibited pdor to issuance of a building permit.
No site work, removal of protected vegetation, grading, improvement of property or
construction of any type may be commenced pdor to the issuance of a building permit
where the development proposed requires a building permit under the Land Development
Code or other applicable County regulations. Exceptions to this requirement may be
granted by the Community Development and Environmental Services Administrator for an
approved Subdivision or Site Development Plan to provide for distribution of fill excavated
on site or to permit construction of an approved water management system, to minimize
stockpiles and hauling off-site or to protect the public health, safety and wE :~r~ wh~rp~
clearing, grading and filling plans have been submitted and approved meel
standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation hall ~s-Z-Z-z~-
exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9
of the Land Development Code.
B. A site clearing, grading, filling and revegetation plan where applicable shall be
submitted to the Community Development and Environmental Services Administrator or
his designee for review and approval prior to any clearing, grading or filling on the
property. This plan may be submitted in phases to coincide with the development
schedule. The site-clearing plan shall clearly depict how the improvement plans
incorporate and retain native vegetation. The site specific clearing, grading, and filling plan
for a Subdivision or Site Development Plan may be considered for review and approval
under the following categories and subject to the following requirements:
1. Removal of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9. Additional site alteration may be
permitted or required to stabilize and deter reinfestation by exotics subject to
the following:
a. Provision of a site filling and grading plan for review and approval by
the County;
b, Provision of a revegetation plan for review and approval by the
County;
c~ Payment of the applicable review fee for site alteration plan review.
2. Site filling exceeding 25 acres to properly utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected vegetation,
may be approved by the Community Development and Environmental Services
Administrator subject to submission of the following:
a. A site-clearing plan shall be submitted for review and approval that
shows the acres to be cleared. A minimum of 25% of the natural functioning
vegetation shall be retained.
b. The applicant shall submit a detailed description of the fill and site
work activity including a plan indicating fill placement locations and depths,
grading plan and water management improvements.
c. The applicant shall submit a detailed revegetation plan including a
cost estimate. The cost estimate shall include the cost of grading,
revegetation and yeady maintenance cost and a time specific schedule on
completion of the revegetation work.
d. The permittee shall post a surety bond or an irrevocable standby letter
of credit in an amount of 110% of certified cost estimate as previously
detailed including the maintenance cost for 3 years. The amc .....
~urity may be redueecl upon completion of the approved re
and upon occupation of the site. A separate security will not ~e requ;,=d ;;'
such costs are included in the subdivision security. HAY 2 5 39~9
10 pg.
3. A vegetation removal permit is not required for the removal of protected
vegetation prior to building permit issuance if the conditions set forth in
Division 3.9 of the Land Development Code have been met.
2.16 ARCHITECTURE AND SITE DESIGN
All commercial buildings, signage, lighting, landscaping and other visible architectural
infrastructure shall have a similar architectural theme and be aesthetically unified. Said
unified architectural theme shall include: a similar architectural design and use of similar
materials and colors throughout all of the buildings, signs, and walls to be erected on the
site. Landscaping and streetscape materials shall also be similar in design throughout the
site. A conceptual design master plan shall be submitted concurrent with the first
application for Site Development Plan approval demonstrating compliance with these
standards. All commercial buildings shall comply with Division 2.8 of the Collier County
Land Development Code (Architectural and Site Design Standards and Guidelines) prior
to issuance of a building permit.
AGENDA ITY, lvl
MAY 2 5 1999
SECTION III
RESIDENTIAL DISTRICT
3.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as
"Residential".
3.2 MAXIMUM DWELLING UNITS
A maximum number of Four Dwelling Units (4 DUS) per gross acre may be constructed on
lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the
maximum number of units shall not exceed a factor of 0.45 (0.45 times the area of the
property equals the gross floor area).
3.3 GENERAL DESCRIPTION
A. - Areas designated as Residential on the PUD Master Plan are designed to
accommodate Single-family, Multi-family and Group Housing, along with associated
recreational facilities, essential services, and customary accessory uses.
B. The approximate acreage of the Residential district is Nine and eight-tenths (9.8)
acres. Actual acreage of all development tracts will be provided at the time of Site
Development Plan approval in accordance with Division 3.3 of the LDC. The Residential
tract is designed to accommodate internal roadways, open space, parks, amenity areas,
lakes and water management facilities, and other similar uses.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or .used, or land or water
used, in whole or part, for other than the following:
A, Principal Uses
1. Single-family detached dwelling units.
2. Single-family and zero lot line dwellings. ,
3~ Two-family and duplex dwellings.
4. Single-family attached and townhouse dwellings.
AGE. N~A IT:ElVl '
5. Multiple-family dwellings including Garden Apartments. No~._/~'.,~.
6. Assisted Living Facilities (ALF's) pursuant to Section 2.6.26 CCLDC.HAY 2 5 1999
12 pg._
7. Group Care Facility (category I and category II) pursuant to Section 2.6.26 CCLDC,
excluding Homeless Shelters.
8. Nursing home facility pursuant to Section 2.6.26 CCLDC.
9. Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC.
10. Guard houses and entrance gates.
11. Management offices and recreational facilities that serve the group housing
development including but not limited to administrative offices, tennis courts, pools, pool
cabanas, clubhouses and gazebos.
12. Any other principal use, which is comparable in nature with the foregoing, uses.
B. Accessory Uses
1. Uses and structures that are necessary and incidental to uses permitted as a right
including, but not limited to, garages and carports.
2. Parks, passive recreational areas, boardwalks, observation platforms.
3. Biking, hiking, health and nature trails.
4. Water management facilities and lakes, including lakes with seawall and other
types of architectural bank treatment, and essential services.
5. Recreational shelters, restrooms, off-street parking, lighting and signage.
3.5 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the Residential District.
1. Site development standards for categories I -4 uses apply to individual residential lot
boundaries. Category 5 standards apply to platted parcel boundaries.
2. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with Collier County Land Development
Code in effect at the time of Site Development Plan Approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal structures.
3. Development standards for uses not specifically set forth in Table 1 shall be
established dudng the Site Development Plan Approval as set forth in Division 3.3 of the
Land Development Code in accordance with those standards of the zoning district which is
most similar to the proposed use. ,,
AGENDA ITEM
4. In the case of residential structures with a common architectural then e, tl~.ce~,.
development regulations may be reduced provided a site plan is approved pursua t to
Division 3.3 of the Land Development Code. MAY ~ 5 1999
~.3
F,g.. Z.///'
5. Single-family and zero lot line dwellings are identified separately from single-family
.--- detached dwellings with conventional side yard requirements to distinguish these types of
residences for the purpose of applying the development standards under Table 1. Zero lot
line dwellings shall be defined as any type of detached single family structure employing a
zero or reduced side yard as set forth herein.
TABLE 1
DEVELOPMENT STANDARDS FOR
RESIDENTIAL TRACTS
SINGLE TWO SINGLE FAMILY MULTI-
PERMITTED USES FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY
AND STANDARDS DETAC~D LINE DUPLEX TOWNHOUSE DWELLINGS
Category 1 2 3 4 5
Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF .4 3,000 SF 1 AC
Minimum Lot Width .s 60 50 35 30 150
Front Yard 25 20 20 20 25
Frout Yard for 10 10 10 10 15
Side Entt7 Garage
Side Yard 5 0 or 5.3.7 0 or 7.5.6 0 or .5 BH .6 0.5 BH
Rear Yard Principal*~ 20 10 20 20 BH
Rear Yard Accessory 10 8 10 10 15
Maximum Building Height -z 35 35 35 35 55
Distance Between 10 10 15 .5 SBH .5 SBH
. Principal Structures
Floor Area Min. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF '~
, B__H: Building Height
· SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of
determining setback requirements.
· S__F: Square feet
· All distances are in feet unless othervAse noted.
· Front yards shall be measured as follows:
A. If the parcel is served by a public ROW, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or
edge of pavement (if not curbed).
C. If the parcel is served by a platted private drive, the setback is measured from the road easement
or Wopefty line.
· '1 - Rear yards for pdndpal and accessory structures on lots and tracts which abut a non-jurisdictional
open space or native vegetation preservation area may be zero (0') feet except that wt ,~n ahuffina a lak{~
or water body;, an architectural bank treatment shall be incorporated into the design. AGENDA ITEM
· '2 - Building height shall be the vertical distance measured from the first habitable fini,. bed ~oo~:61evation
to the uppermost finished ceiling elevation of the structure. I HAY 2 5 1999
14 pg./_./~.
· '3 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard
option is utilized, the opposite side of the structure shall have a ten foot (10') yard. The first structure built
within a sedes of zero lot line homes shall determine the zero lot line setback for the subsequent
development within that specific housing tract.
· '4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of
7,000 S.F.
· '5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area
requirement is still maintained.
· '6 - Zero (0') foot provision does not apply to any extedor wall of a structure, and is intended to apply to
the common wall or wall along intedor lot lines within a series of townhouse or semi-detached units.
· '7 - Accessory uses such as any authorized recreational amenity (i.e. pools, spas, landscape features,
etc.) may be located within zero (0) feet of a side lot line when adjacent the wall of a residence with no
window openings. Accessory uses for Zero lot line homes must be setback a minimum of 5 feet from the
adjoining building wall that is permitted along the lot line. All other setbacks shall be as required by
Division 2.6.2 of the Land Development Code in effect at the time of building permit application.
· '8 - Group care facility (category I and category II other than homeless) - 1,500 sq.ft. plus 200 sq.ft. per
live-in person, beginning with the seventh live-in person.
No.
MAY 2 5 1999
15 pg.
SECTION IV
COMMERCIAL INFILL DISTRICT
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within The Vincentian PUD designated on the Exhibit "A", PUD Master Plan as
"Commercial".
4.2 GENERAL DESCRIPTION
A. Areas designated as "Commercial" on the Master Plan are designed to
accommodate a full range of commercial uses, hotel/motel, essential services, and
customary accessory uses.
B. The approximate acreage of the "Commercial" district is eight and one-half
(8.5) acres. Actual acreages of all development tracts and outparcels will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat
approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of
the Collier County Land Development Code. Commercial tracts are designed to
accommodate internal roadways, open spaces, lakes, water management facilities,
and other similar uses.
C. Up to one hundred and fifteen thousand (115,000) square feet of retail or
office development is permitted within this Commercial area of the Planned Unit
Development
4.3 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. All permitted uses of the C-2 commercial convenience district consistent with the
Collier County Land Development Code in effect as of the date of approval of this
PUD.
2. Amusements and recreation services (Groups 7911, 7922 community theaters only,
7933, 7991, miniature golf course, bicycle and moped rental).
3. Auto and Home supply stores (Groups 5531).
' AGENDA I1T, M
4. Business Services (Groups 7311,7313, 7322 through 7338, 7361 thro gh ~79, 7384,
7389 except auctioning service, field warehousing, bottle labeling, pac <aging and
labeling, salvaging of damaged merchandise, scrap steel cutting and littiqWA~ ~ 5 1999
16 pg._/7/.~'
5. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail
sale of alcoholic beverages for on-premise consumption are subject to the Iocational
requirements of section 2.6.10.
6. Hospitals (Groups 8062 through 8069).
7. Membership Organizations (Groups 8611 through 8699).
8. Miscellaneous Retail (Groups 5912 through 5963).
9. Museums & Art Galleries (8412)
10. Paint, Glass & Wallpaper Stores (5231)
11. Public Administration (All Groups)
12. Non-Depository Credit Institutions (Groups 6111 through 6163).
13. Real Estate (Groups 6531, 6541, 6552).
14. Retail nurseries, lawn and garden supply stores (5261).
15. Social services (Groups 8322 through 8399).
16. Used merchandise stores (5932, except pawnshops and building materials).
17. United States Postal Service (4311 except major distribution center).
18.Any other general commercial use which is comparable in nature with the foregoing
uses including buildings for retail, service and office purposes consistent with the
permitted uses and purpose and intent statement of the C-2 Commercial Intermediate
District.
4.4 ACCESSORY USES AND STRUCTURES
A, Uses and structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing uses and
which the Current Planning Manager determines to be compatible.
4,5 DEVELOPMENT STANDARDS
A. Minimum lot area: Ten thousand (10,000) square feet.
B. Minimum lot width: Seventy-five (75) feet, as measured by the ext ',r",c;' ~d~F.~'~YEM "
No.~
C. Minimum yard requirements: HAY 2 5 1999
17
1. Front yard: Twenty-five (25) feet.
2. Side yard: Fifteen (15) feet.
3. Rear yard: Fifteen (15)feet.
4. Any yard abutting a residential parcel: Twenty-five (25) feet.
D. Distance between principal structures: The distance between any two principal
structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the
sum of their heights, whichever is greater.
E. Minimum off-street parking and off-street loading: As required in Division 2.3.
F. Minimum floor area of principal structure: seven hundred (700) square feet gross
floor area for each building on the ground floor.
G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the
finish floor elevation to the building eave.
H. General application for Setbacks: Front yard setbacks shall comply with the
following:
1. If the parcel is served by a public or private right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured
from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, the setback is measured
from the road easement or property line.
I. Architectural and site design standards: All commercial buildings and projects shall
be subject to the provisions of Division 2.8,
J. Merchandise storage and display: Unless specifically permitted for use, outside
storage or display of merchandise is prohibited.
K. Landscaping: As required in Division 2.4.
L. Signs: As required in Division 2.5.
' AGENDA ITEM
MAY 2 5 1999
18
Pi-_/7/'~/-
SECTION V
RESERVE DISTRICT
5.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as Reserve.
5.2 GENERAL DESCRIPTION
Areas designated as Reserve on the PUD Master Plan are designed to accommodate a
full range of conservation and limited water management uses and functions. The primary
purpose of the Reserve District is to retain an on-site wetland system, to allow for the
restoration and enhancement of impacted or degraded wetlands, to provide an open
space site amenity for the enjoyment of The Vincentjan PUD residents, and to provide a
native vegetative buffer for adjoining residential properties.
5.3 PERMITTED USES AND STRUCTURES
Nobuilding or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
Permitted Principal Uses and Structures:
A. Passive recreational areas, boardwalks, and recreational shelters.
B. Nature trails, excluding asphalt paved surfaces.
C. Water management facilities, structures and lake bulkheads or other architectural
treatments.
D. Mitigation areas.
E. Any other conservation and related open space activity or use which is comparable
in nature with the foregoing uses and which the Current Planning Manager determines to
be compatible in the Reserve District.
5.4 DEVELOPMENT STANDARDS
A. All structures shall setback a minimum of fifteen (15) feet landward from the edge
of wetland preserves in all places and averaging twenty-five (25) feet from the landward
edge of reserve Distdct boundaries and roads, except for pathways, boardwalks and water
management structures, which shall have no required setback.
AGENDA ITEM
MAY Z 5 1999
pi. /-7/~
5.5 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by the Collier County Land
Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required by
other regulatory agencies with jurisdiction over Reserve District lands. In addition to
complying with provisions of the Collier County Land Development Code, said easement
shall be provided in accordance with the terms set forth in the applicable permit granted by
said agencies. The developer or owners of The Vincentian PUD shall be responsible for
control and maintenance of lands within the Reserve District.
A~J~II:)A IT~:M
HAY 2 5 1999
20 Pg'.--~L,___
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.'I PURPOSE
The purpose of this section is to set forth the standards for development of the project.
6.2 GENERAL
All facilities shall be constructed in accordance with the final site development plans, the
Final subdivision plats, and all applicable state and local laws, codes and regulations
relating to the subdivision of the land, except when specifically noted or otherwise set forth
In this document, or as otherwise approved by Collier County. All state and federal
Permits shall be effective according to the stipulations and conditions of the permitting
Agencies. Final master plans, final site development plans or final subdivision plats, and
standards and specifications of the Collier County Land Development Code relating to the
same shall apply to this project, except as otherwise set forth herein.
6.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in
nature. Proposed area, lot or land use boundaries or special land use boundaries
shall not be construed to be final and may be varied at any subsequent approval
phase such as Final Platting or Site Development Plan approval. Subject to the
provisions of Section 2.7.3.5 of the Collier County Land Development Code,
amendments may be made from time to time.
B. All necessary easements, dedications or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
6.4 WATER MANAGEMENT
A. Excavation permits will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County Land Development Code, as amended. Excavated
material from the property is intended to be used within the project site.
B. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review. No construction permits shall be issued unless and until
approval of the proposed construction in accordance with the submitted plans is granted
by Engineering Review Services.
C. In accordance with the Rules of the South Florida Water Management Distdct
(SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of
3-day duration and 25-year frequency. AGENDA ~
HAY 2 5 1999
21
D. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of Division 3.2 of the Collier County Land Development Code.
6.5 TRANSPORTATION
A. The developer shall provide a fair share contribution toward the capital cost of a
traffic signal at Southwest Boulevard if and when the project is warranted by the County.
The signal will be owned, operated and maintained by Collier County.
B.The developer shall provide arterial level street lighting at the project entrance prior
to the issuance of a Certificate of Occupancy.
C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection
Permit shall be provided prior to the issuance of any development permit for the
project.
6.6 UTILITIES
A. Water distribution, sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned and maintained in accordance with
Collier County Ordinance 88-76, as amended, and other applicable County rules and
regulations.
6.7 ENGINEERING
A. Except as otherwise provided within this PUD document, this project shall be
required to meet all County Ordinances in effect at the time final construction documents
are submitted for development approval.
6.8 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the state of Florida
Environmental Resource Permit Rules and be subject to review and approval by Current
Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted
towards mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be
provided in accordance with 3.2.8.4.7.3 CCLDC.
C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty-five (25)
feet from the landward edge of wetlands. Where natural buffers are not possible,
structural buffers shall be provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approved by Current Planning
..._ Environmental Staff. . .:SENDS, A rrEM~~a
D. Petitioner shall comply with the guidelines and recommendations c th
Wildlife Service (USFWS) and Flodda Game and Fresh Water Fish Comr ~s,lUl~ 2 5 1999
22
(FGFWFC) regarding potential impacts to protected wildlife species. Where protected
species are observed on site, a Habitat Management Plan for those protected species
shall be submitted to Current Planning Environmental Staff for review and approval prior to
Final Site Plan/Construction Plan approval.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Current Planning Environmental Review Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
F. The project shall comply with the environmental sections of the LDC and the GMP
in effect at the time of final development order approval.
G. An Environmental Impact Statement (EIS) shall be included with the next
development order submittal.
H. At the time of the first development order submittal the 25% required native
vegetation shall be identified.
AGEDIDA ITEM
MAY Z 5 1999
?,3
EXHIBIT B
THE VINCENTIAN PUD
MASTER & WATER MANAGEMENT PLAN
.,,._/7,~_
MAY 2 5 1999
24
EXECUTIVE SUMMARY
PETITION NUA 99-1, MARKLIN AND EVONNE PRESCOTT, REQUESTING
APPROVAL OF A NON-CONFORMING USE ALTERATION TO REPLACE A
MOBILE HOME DAMAGED BY A FIRE WITH ANOTHER MOBILE HOME IN AN
"RMF-6" RESIDENTIAL MULTI-FAMILY DISTRICT. THE SUBJECT PROPERTY
IS LOCATED AT 3255 LUNAR STREET OFF BAYSHORE DRIVE
The applicants, in order to replace a fire-damaged mobile home with another
mobile home, are requesting approval of this petition.
CONSIDERATIONS:
The applicants property contained a mobile home which was damaged beyond
repairs by a fire. The property is zoned RMF-6, residential Multi-family which
does not allow mobile homes, There are several mobile homes in the area, and
as a matter of fact this site is surrounded on three sides by mobile homes. The
applicant wishes to install a new mobile home which is not permitted by the Land
Development Code without a NUA approval.
The Collier County Planning Commission reviewed this petition on May 6, 1999
and by a vote of 7-0 recommended approval of the variance. Staff has not
received any letters in opposition to the granting of this request. This petition
does qualify to be placed on the Summary Agenda.
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
The proposed variance is consistent with applicable provisions of the Growth
Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not located within an
area of historical and archaeological probability as referenced on the official
Collier County Probability Map. Therefore, no Historical/Archaeological Survey &
Assessment or waiver is required.
,/-- PLANNING COMMISSION RECOMMENDATION: ,kGEND^ ~TEM
That the Board of Zoning Appeals approve NUA-99-1.
MAY 2 5 1999
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
~~IEWED ~Y:
CURRENT PLANNING MANAGER
'ROBEFS, T J. MULHERE, AICP DATE
PLANNING SERVICES, DIRECTOR
APPROV. ED BY:
VINCENT A. CAUTERO, ~,I'(~P DA
TE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR
executive summary/NUA-99-1
2
AGENDA ITEM 7-A
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: April 6, 1999
RE: PETITION NUA-99-1 Prescott Mobile Home
OWNER/AGENT:
OWNER: Marklin & Evonne Prescott
650 29~ Street SW
Naples, FL. 34120
REQUESTED ACTION:
The applicant requests approval of a non-conforming use alteration to replace a
mobile home damaged by a fire with another mobile home in an "RMF-6"
Residential Multi-family district.
GEOGRAPHIC LOCATION:
The subject property is located at 3255 Lunar Street off Bayshore drive and is
further described as Lot 13, crews Subdivision, in Section 13, Township 50
South, Range 23 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The applicants property contained a mobile home which was damaged beyond
repairs by a fire. The property is zoned RMF-6, residential Multi-family w rich
( does not allow mobile homes. There are several mobile homes in the area, and AGENDArrr
· as a matter of fact this site is surrounded on three sides by mobile homes. 1'heN°''J-Z/~
MAY 2 5 1999
Pg.
applicant wishes to install a new mobile home which is not permitted by the Land
Development Code without a NUA approval.
SURROUNDING LAND USE AND ZONING:
Subject Site: Damaged mobile home, zoned RMF-6
Surrounding: North Mobile home, zoned MH
West Mobile home, zoned MH
South Mobile home, zoned RMF-6
East Single family residence, zoned RSF-4
HISTORIC/ARCHAEOLOGICAL IMPACT;
Staff's analysis indicates that the petitioner's property is located outside an area
of historical and archaeological probability as referenced on the official Collier
County Probability Map. Therefore, no Waiver of Historic and Archaeological
Survey & Assessment is required.
TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENTAL IMPACT:
Approval of this request will have no effect on infrastructure, transportation or the
environment.
STAFF ANALYSIS:
Section 1.8.10 of the Land Development Code grants authority to the Board of
Zoning Appeals to approve Non-Conforming Use Alterations (NUA). The
Planning Commission is advisory to the BZA, and utilizes the guidelines below to
assist in making a recommendation.
a. The alteration, expansion or replacement will not increase the density of
the parcel or lot on which the non-conforming single family dwelling,
duplex or mobile home is located.
The subject site contained a mobile home and the request is to replace the
damaged one with another mobile home. Therefore there will be no increase
in density.
b. The alteration, expansion or replacement will not exceed the building
height requirements of the district most closely associated with the
subject non-conforming use. AGENOA ITEM
MAY 2 5 1999
2 PI-~2,~
The mobile home replacement will not increase the height above the
maximum permitted height for the district.
c. The alteration, expansion or replacement will not further encroach upon
any non-conforming setback.
The RMF-6 zoning district setback requirements are as follows front yard: 25
feet, Side yards: 7.5 feet, and rear Yard: 20 feet. The new mobile home will
comply with these setback requirements.
d. The alteration, expansion or replacement will not decrease or further
decrease the existing parking areas for the structure.
This mobile home replacement will not change the parking requirements for
this site.
e. The alteration, expansion or replacement will not damage the character
or the quality of the neighborhood in which it is located or hinder the
proper future development of the surrounding properties.
The applicants are proposing to replace the damaged mobile home with a
similar one. Therefore, this action should not damage the character or the
quality of the neighborhood nor it will hinder the proper future development
of the surrounding properties.
f. The alteration, expansion or replacement will not present a threat to the
health, safety or welfare of the community or its residents.
It is staff's opinion that the proposed mobile home replacement will not be
detrimental to the area.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition
NUA-99-1 to the Board of Zoning Appeals with a recommendation of approval.
AGENO A IT~.U
MAY 2 5 1999
3 pg.~__.~
r'
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
VIEW BY:
.,
, AICP DATE
CURRENT PLANNING MANAGER
i~OBE~T J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, AICP ~ATE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES ADMINISTRATOR
COLLIER COUNTY PLANNING COMMISSION:
MIC~CH~A~AN
PETITION NUA-99-1
Staff Report for the May 6, 1999 CCPC meeting. '~Aerr. NO~
This petition has been tentatively scheduled for the May 25, 1999 BZA e ting.
I e
4 Pi-_ ?t ,.
RESOLUTION NO. 99-
RELATING TO PETITION NUMBER NUA-99-01,
FOR A NON-CONFORMING USE ALTERATION
ON PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enfome zoning and
such business regulations as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of requests for non-conforming use
alterations, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the
area hereby affected, has held a public heating after notice as in said regulations made and
provided, and has considered the advisability of the altering of a non-conforming single family
mobile home, by replacing the existing mobile home with a new mobile home in a RMF-6 Zone
for the property hereinafter described, and has found as a matter of fact that satisfactory
provision and arrang~nent have been made concerning all applicable matters required by said
regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the
unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition NUA-99-01 filed by Marklin Glenn and Evonne Prescott, property owners,
with respect to the property hereinaf~er described as:
Lot 4, Crews Subdivision, as recorded in Plat Book 9, Page 48 of Official Re~,ords
of Collier County, Florida.
be and the same hereby is appmved for the altering of a non-conforming single family mobile
home, by replacing the existing structure with a new mobile home, in the RMF-6 Zoning District
wherein said property is located.
BE IT RESOLVED that this Resolution relating to Petition Number NUA-99-01 be
recorded in the minutes of this Board.
MAY 2 5 1999
Pg.
This Resolution adopted after motion, second and majority vote.
Done this day of ,1999.
ATI'EST: BOARD OF ZONING APPEALS
· DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
Assistant County Attorney
g/NUAo99-Oi RESOLUTION/
NON-CONFORMING USE ALTERATI.~N~
9 0 1 (NUA) PETITION
NUA 9- L
Petition No. Date Petition Received:
Commission District: Planner Assigned: C ~n
ABOVE TO BE COMPLETED BY STAFF
Pefitioner's Address:
Agent's Name:
Agent's Address:
Telephone:
Legal Description of subject Property:
Subdivision: ~/'~W ~ Unit Lot (s) z/ Block (s)
Rail r [
3a,5'5 L. n tt r ,s z3
COLLIER COUNTY COM]VlUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
1800 N. HORSESHOE DRIVE - NAPLES, FL 34104 ' 'AC, rd~A~
PHOr,~ (941) 403-2400mAX (941) ~3-696S ~ 1'7
MAY 2 5 1999
Application for NUA Petition 6/98
Page I of 5
Metes & Bounds Description:
Adjacent Zoning & Land Use:
Evaluation Criteria: Pursuant to Section 1.8.10.4.1 of the Collier County Land Development
Code, staffs analysis and recommendation to the Planning Commission,~ and the Planning
Commission's recommendation to the Board of County Commissioners shall be based upon
consideration of the applicable criteria noted below. Provide a narrative statement describing
the Nonconforming use alteration with specific reference to the criteria noted below. Include
any backup materials and documentation in support of the request.
I. The alteration, expansion or replacement will not increase the density of the parcel or lot on
which the nonconforming single-family dwelling, duplex or mobile home is located;
2. The alteration, expansion or replacement will not exceed the building height requirements
of the district most closely associated with the subject nonconforming use;
3. The alteration, expansion or replacement will not further encroach upon any nonconforming
setback;
Application for NUA Petition 6~98
Page 2 ,f 5
,.//
4. The alteration, expansion or replacement will not decrease or further decrease the existing
parking areas for the structure;
5. The alteration, expansion or replacement will not damage the character or quality of the
neighborhood in which it is located or hinder the proper future development of the
surrounding properties; and
6. Such alteration, expansion or replacement will not present a threat to the health, safety or
welfare of the community or its resident.
Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a) A copy of the pre-application meeting notes;
.,_. b) Aerial Photograph
e) Owner/Agent Affidavit, Notarized
d) Site Plan, shall be drawn to scale and include;
· North arrow
· Date
· Scale
· Property boundaries and dimensions
· Existing and proposed additions or new structures with their existing and proposed
setbacks and building heights
· Parking areas and driveways
e) Narrative statement covering the nature of petition, attach separate page (s);
f) Location map, include project's location and major roadways in project vieimty;
g) Proof of ownership or interest in property, deed or contract to purchase;
h) Application fee of $425.00 to file petition.
Application for NUA Petition 6/98 ~Y 2 g V~o~9
Page3 .f5 Pg.__ZL
NONCONFORMING USE AL TERA TION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
RE Q UIREMEN TS # o
COPIES REQUIRED
1. Completed Application 17
2. Pre-applicationnotes/minutes 17
3. Aerial Photograph 1
4. 'Completed Owner/Agent Affidavit, Notarized 1
5. Site Plan depicting the following: 17
a) North arrow, date and scale of drawing
b) Property boundaries and dimensions
c) All existing and proposed structures (indicate
setbacks and dimensions)
d) Parking areas and driveways
6. Narrative statement covering the nature of petition; 1
a) Is this an alteration, expansion oL~"~iaceme~
b) Does this involve applicant's single family house,
duplex om~'Gbile home=T)
c) Explain proposed changes, existing and proposed
setbacks, and unique circumstances.
d) State when the property was purchased and when
applicable structures were constructed
7. Proof of ownership or interest in property, deed or 1
contract to purchase
8. Application fee, check shall be made payable to -
Collier County Board of Commissioners
Other Requirements -
As the authorized agent/applicant for this petition, I aRest that all of the information indicated on this checklist is
/ncluded in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of process this petition. N~~ ]
Application for NUA Petition 6/9S MAY 2 5 1999
eage4o5
Pg.
FFeaq, f}~lOrF~/Z ; t9 (~/~ ;/e9/7~¢ ~[g.('~z~~~rst duly sworn, depose and say that weaq
am/are ~ijie owners o/the property desc'~bed herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter attached
to and made a part of this application, are honest and true to the best of our knowledge and
beh'eft. W'e/I understand that the information requested on this application must be complete
and accurate and that the content of this form, whether computer generated or County printed
shall not be altered. Public hearings will not be advertised until this application is deemed
complete, and all required information has been submitted.
As property owner We/I further authorize ~ / ~ to
aa as our/my representative in any matters regarding this Petition.
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing instrument was a&nowtedged before me this/gT day of/99/qflCH .
1979, by _LCVOAINe.. ?fles eo't~F' who, is personally known to me or has produced
FI-. i2~s'tte4t ~ /,-[ce, u~-e..~ as identification.
State of Florida (Signature of Notary Public - State of
County of Collier Florida)
I OFFICIAL NOrTAR y SEAL
GLENDA G SMITH
~M,t __ ~-=-~ Name of Notary Public)
Application for NUA Petition 6/98
Page 5 of
EXECUTIVE SUMMARY
PETITION VAC 99-010 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE
PUBLIC'S INTEREST IN ROAD RIGHT OF WAY LOCATED WITHIN THE CEDAR HAMMOCK
PROJECT WHICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 195, PAGE 465 AND ROAD
RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS CONVEYED TO THE COUNTY BY O.R.
BOOK 240, PAGE 896, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING
LOCATED IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
OBJECTIVE: To adopt a Resolution to vacate the above-described road right of way, utility and drainage
easements.
CONSIDERATIONS: Petition VAC 99-010 has been received by Planning Services from David R. Underhill,
Jr., P.E., from Banks Engineering, Inc., as agent for the petitioner, Clyde C. Qumby, Trustee, requesting the
vacation of the above-described Road Right of Way, Utility and Drainage Easements. O.R. Book 195, Page 465
was created m 1965 and O.R. Book 240, Page 896 was created m 1967 m anticipation of this property being
developed at that time. Development never occurred and the road right was never cleared nor constructed. This
right of way is not needed for the currently proposed Cedar Hammock project. The public would benefit from
this vacation by not having to maintain these unimproved parcels of land. Letters of no objection have been
received from all pertinent agencies. Zoning is P.U.D.
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners
which covers the County's cost of advertising, recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. Adopt the Resolution for Petition VAC 99-010 for the vacation of the above-described Road
Right of Way, Utility and Drainage Easements; and
2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a
certified copy of the Resolution in the Official Records.
PREPARED BY: .'.,7_, c ,--_/f~?,'~.,~_, DATE: _5 - t_~ - 9q
~ck Grigg, P.S.M.
'w i
EWED BY: .......... DATE:
~omas E. Kuck, P.E,
Engineering Review M~ager
. rector
~PROVED BY: DATE: ~ ,~ ~
Vmcen~A. C~ero, ~CP, A~strator ~- / / ~
Co~uni~ Developmere & Enviromenml Semces
MAY 2 5 1999
/
~ 1 RESOLUTION NO. 99-
2
3 RESOLUTION FOR PETITION VAC 99-010 TO DISCLAIM, RENOUNCE AND VACATE THE
4 COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY WITHIN THE CEDAR
5 HAMMOCK PROJECT WHICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 195, PAGE
6 465 AND ROAD RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS CONVEYED TO
7 TH2E COUNTY BY O.R. BOOK 240, PAGE 896, PUBLIC RECORDS OF COLLIER COUNTY,
8 FLORIDA, AND BEING LOCATED IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
9
10
11 WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, David R. Underhill, Jr., P.E., from Banks
12 Engineering, Inc., as agent for the petitioner, Clyde C. Quinby, Trustee, does hereby request the vacation of the Road Right of Way
13 conveyed to the County by O.R. Book 195, Page 465 and the Road Right Of Way, Utility and Drainage Easements conveyed to the
14 County. by O.R. Book 240, Page 896, Public Records of Collier County, Florida, and being located in Sechon 3, Township 50 South,
15 Range 26 East; and
16 WHEREAS, the Board has this day held a public heazmg to consider vacating said Road Right of Way, Utility and
17 Drainage Easements as more fully described below, and notice of said public hearing to vacate was given as required by law, and
18 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other
19 property owners.
,---20 NOW, THZREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
_ 1 FLORIDA, that the follox~ing road right of way is hereby vacated:
22 See Exhibit "A" attached hereto and incorporated herein.
23 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to advertise the adoption of this Resolution
24 once in a paper of general circulation in the County within 30 days following its adoption.
25 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution,
26 the proof of publication of the nohce of public hearing and the proof of publication of the notice of adoption of this Resolution in the
27 Official Records of Collier County, Florida. This Resolution adopted after motion,
28 second and majority vote favoring same.
29 DATED:
30 ATTEST: BOARD OF COUNTY COMMBSIOE~
3 1 DWIGHT E. BROCK, Clerk COI.I .~ COUNTY, FLORIDA
32
33 BY:
34 PAMF. IA S. MAC'K1E, Chairwoman
35
3 6 Approved as to form and legal
37 sufficiency:
38
39 AC~IDA ITEM
'~"' t0 Heidj F. Ashton NO. / 7 ,f2
1 Assistant County Attorney
MAY 2 5 1999
pg.
~ 1~?
$ ~ VAC ~-010
Professional Engineers, Planners & Land Surveyors
DESCRIPTION OF A
PARCEL OF LAND
LYING IN
SECTION 3, TOWNSIIIP 50 SOUTH, RANGE 26 EAST
COLLIER COUNTY, FLORIDA
(EASEMENTS TO BE VACATED)
DESCRIPTIONS OF PARCELS OR TRACTS OF LAND SITUATED IN THE STATE OF
FLORIDA, COUNTY OF COLLIER, LYING IN SECTION 3, TOWNSHIP 50 SOUTH,
RANGE 26 EAST AND BEGIN FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
EASEMENT "A"
THAT PART OF AN EASEMENT LYING SOUTHEAST OF THE SOUTHEAST RIGHT-OF-
WAY OF DAVIS BOULEVARD (STATE ROAD 84) OF THAT EASEMENT FOR PUBLIC
ROAD RIGHT-OF-WAY RECORDED IN OFFICIAL RECORDS BOOK 195 AT PAGE 465,
PUBLIC RECORDS OF COLLIER COI.rNTY, FLORIDA, BEING DESCRIBED AS THE
WEST 30.00 FEET AND THE SOUTH 30.00 FEET OF THE WEST HALF (W. '~) OF THE
SOUTHWEST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. 1/4) OF
SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT "B"
BEING PART O1~ A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS:
THE EAST 50.00 FEET OF THE WEST HALF (W. '~) OF THE SOUTHWEST QUARTER
(SW 1/4) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET
THEREOF; AND THE WEST 50.00 FEET OF THE EAST HALF (E. 'h) OF THE WEST
HALF (W. '~) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00
FEET THEREOF; ALL IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT "C"
BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
DESCRIBED AS FOLLOWS: .,.GENOA ~TEM
S!~EET ~ OF ? MAY 2 5 1999
Pc. u'~
VAC
THAT PART OF THE SOUTH 60.00 FEET OF ~ NORTH 525.00 FI:~'~T OF THE EAST
772.21 FEET OF THE WEST 1032.21 I~-RT LYING EAST OF THE EAST LINE OF THE
WEST HALF (W. ~A) OF THE WEST H.AI.I~ (W. tA) OF THE SOUTHWEST QUARTER
(S .W. 1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST.
EASEMENT "D"
BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" E. FOR 9.52 FEET ALONG THE SOUTH
LINE OF THE NORTHWEST QUARTER (N.W. 1/4) OF SArr~ SECTION 3, TO A POINT ON
THE SOUTHEAST RIGHT-OF-WAY LINE OF STATE ROAD S-865; THENCE
N. 31 ° 05' 30" E. FOR 306.08 FEET ALONG SAD SOLrrI-~-AST RIGHT-OF-WAY LINE
FOR THE POINT OF BEGINNING OF THE CENTERLINE OF AN EASEMENT HAVING
A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAD
CENTERLINE; THENCE ALONG THE FOLLOWING COURSES DESCRIBING SAD
CENTERLINE; S. 58° 54' 30" E. FOR 25.00 FEET TO A POINT OF CURVATURE; THENCE
66.97 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOISrHWEST, HAVING
A RADIUS OF 65.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF
.._. S. 29° 2Y 30" E. AND A LENGTH OF 64.05 FEET TO A POINT OF TANGENCY; THENCE
S. 00° 07' 30" W. FOR 193.84 FEET TO A POINT OF THE SOUTH LINE OF THE
NORTHWEST QUARTER ('N.W. 1/4) OF SAD SECTION 3, SAID POINT BEING
S. 89° 52' 35" E. AND 220.00 FEET FROM THE WEST QUARTER CORNER OF SAD
SECTION 3, AND SAD POINT BEING THE POINT OF TERMINUS OF SAD
CENTERLINE.
SDELINES OF SAID 80.0 FEET WIDE EASEMENT TO BE LENG~ OR
SHORTENED TO INTERSECT WITH THE SOUTH LINE OF THE NORTHWEST
QUARTER (N.W. 1/4) OF SAD SECTION 3.
EASEMENT "E~
BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT
PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING
DESCRIBED AS FOLLOWS:
COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50
SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" ALONG THE SOUTH LINE OF THE
NORTHWEST QUARTER (N.W. 1/4) FOR 220.00 FEET; THENCE S. 00° 07' 30" W. FOR
685.00 FEET ALONG A LINE 220.00 FEET EAST OF AND PARALLEL WITH THE WEST
LINE OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 TO A POINT OF
..--- CURVATURE; THENCE 219.91 FEET ALONG THE ARC OF A CURVE ONC_~_'rF_ZOvtn
THE NORTHEAST, HAVING A RADIUS OF 140.00 FEET AND SUBTE
- - MAY 2 5 1999
SHln'-ET 2 OF 7
mssst3sf'~
VAC 99410
CHORD, HAVING A BEARING OF S. 44° 52' 32.5' E. AND A LENGTH OF 197.99 FEET
TO A POINT OF TANGENCY; THENCE S. 89° 52' 35" E. FOR 288.23 FEl~rr ALONG A
LINE 825.00 FEET SOUTH OF AND PAKAI.I.~-I- WITH THE NORTH LINE OF THE
SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 TO THE EAST LINE OF THE
WEST HALF (W. ~) OF THE WEST HALI~ (W 1/2) OF THE SOUTHWEST QUARTER
(S.W. 1/4) OF SAID SECTION 3 AND TO THE POI1NT OF BEGINNING OF THE
CENTERLINE OF AN EASEMENT HAVING A WIDTH OF 80.00 FEET AND LYING 40.00
FEET ON EACH SIDE OF SAID CENTERLINE; THENCE CONTINUE S. 89° 52' 35" E.
ALONG SAID CENTERLINE FOR 383.98 FEET TO A POINT OF TERMINUS OF SAID
CENTERLINE ON THE EAST LINE OF THE WEST 1032.21 FEET OF THE SOUTHWEST
QUARTER (S.W. 1/4) OF SAID SECTION 3.
SIDELINES OF SAID 80.00 FEET WIDE EASEMENT TO BE LENGTHENED OR
SHORTENED TO INTERSECT WITH THE EAST LINE OF THE WEST HALF (W V2)
OF THE WEST HALF (W ¼) OF THE SOt.rFH'WEST QUARTER (S.W. 1/4) OF SAID
SECTION 3, AND TO INTERSECT WITH THE EAST LINE OF THE WEST 1032.21
FEET OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3.
BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTHWEST
QUARTER (N.W. 1/4) OF SAID SECTION 3 AS BEARING S. 89° 52' 35" E.
DESCRIPTION PREPARED ON MARCH 17, 1999.
Thomas C. Shaw
Professional Land Surveyor
Florida C~dfication No. 4(572
MAY 2 5 1999
S:%.gobs\Temp~1263.03.wpd
Pg. ~'~
S~F~ET 3 OF 7
4 KETCH OF DESCRIPTIO S'----^-
-Ima4er'/
LYING IN VAC
SECTIOqN 3, TOWNSHIP 50 SOUTH. RANGE 26 EAST
· COLLIER COUNTY, FLORIDA
OFFICIAL Ird:810S BOOK 240. PAJ~5
AN0
~T$ ~ i RIG,IT-~Ir-WAY IN
Of'FX3AL I~(CgIDS BOOt !~. PAGES 4~ ·
CQ.,LEX COLmTY ~
__ RADIO ROA9 (S.R. asa)
NW 1/4. k'W 1/4
SZCTION 3-50-26
./
/
/ Nt t/4
( 1/2. NW i/4
c;FCTKN 3-50.26
II[ST 1/2 rUT I/2
SW I/4 St/1/4
NW 1/4 Nil
E:AS~M{:NT
EASEMENT 'A*
er'rl.l[.[TlOF7
1/4 (:W 1/4
SW 1/4
S[ 1/4
I/4 F~T ~r°
1OF7
***THIS IS NOT A SURVEY***
FLORIDA CERTIFICATION NO. 4672
FOe C3N~t. ET[ I.[G/4. IXSCR~TIONS. S~Nil',.e[ MIO OmQINN. RN~D SIAL OF i FLOeIDA
FOR ACC:OMPANINC ~KETi~S.. --IssllE3e/41E:l} i 17. till
PREPARL"D BY:
r, NCINEE:RINC..SUI(V[YINC 4t LAND PLANNING Pl. ~:~
MAY 2 5 1999
SKETCH TO ACCOMPANY DESCRIPTION
llleet6ef7
OF VAC
tY,.NG IN
(~S~ 10 ~ VA~)
~'~v ~ ~ ~~S ~ P~ ~ ~AC~ ~ ~ ~NA~ ~ ~ STA~ ~
,,/ ~G P~T ~ A ~ ~D N ~ ~S ~ 2~ AT
/ PA~S ~ ~ ~7, ~ ~S ~ ~ ~, ~ ~G
/ ~E EAST ~.~ ~T ~ ~ ~ST H~ (W. 1/2) ~ ~E ~ST ~R
, (S.W. 1/4) ~ ~E ~ST ~R (~W. 1/4) ~ ~[ ~ 1~ ~ET
~.,/,,/ ~ERE~; ~D ~E EST ~ ~ET ~ ~E [~T H~ (E. 1/2) ~ ~E EST
H~ (W. 1/2) ~ ~ ~mEST ~R (~W. ~/4) ~ NE ~ 1~.~
',//,, FEET ~E~: ~L ~ ~C~ 3. TO~IP ~ ~. R~ 2e EAST.
E~MENT 'C'
~/' ,/" BEING P~T ~ A ~CA~ E~D IN ~ ~C~S B~ 240 AT
PA~5 896 ~D 897. ~C REC~DS ~ C~ER C~NTY. ~DA, ~NG
~D AS F~:
, ,,,/,, ~AT P~T ~ ~E ~ ~.~ ~[T ~ ~E N~ 525.~ ~ET ~ ~ E~T
772.21 ~ET ~ ~E ~ST 1032.21 ~ET L~G EAST ~ NE EAST LINE ~
~ST H~ (W. 1/2) ~ ~ EST H~F (W. 1/2) ~ ~E ~EST
/ (S.W. 1/4) ~ ~C~ 3. ~P ~ ~, R~ 26 E~T.
/ ,/~ST 12
/ / ~A~T 1/2
, , sw ~/4 E ~/2, Nw ~/4
/',. / NW 1/4 SW 1/4 S~CTION
Nw ~/4
/' ,/' e51As' N~ ~E ~ ~ ~/4
AREA NOT ~ 0 ~2~'
~ r ~ EASEMENT "C'
~ 772.~1
1032.21'~.
,}; o.R. 24o
,,; e~ E 1/2
" ~/2. sw ~/4
W 1
Sw ~/4
~ SW 1
~ SW 1/4 EA~MENT
t 50' ***THIS IS NOT A SURVEY***
O,R. 240
k 897
RSS
FLORIDA CERTIFI~TION NO. 4672
~A~ ~ ~ l~ ~ ~ A ~
~ ~ ~ "'/' '~ "~ "' '- MAY 2 5 1999
150' PegPARED BY:
g
O.R. ~Q~ ~DS ~ ENGINESINC, SURV~ING i ~ND P~NING P
PA~S
SHEET 6 ~ 7 nam,a SLIW~INC msmN~ ~NN NO I
Attachment "A'
PETITION FORM FOR
VACATION OF ROAD RIGHT-OF-WAY
Date Received: ~-~ -~ Petition#: x/~3~ ~?~y-
Petitioner: Cl~(de C. ~y, ~tee
Addr~s: 3775 ~r~rt Road~ Suite "B" Telephone: ( 941 ) 261-1166
Cl~/State: Naoles. 5 Zip Code: 34102
Agent: ~vid R. Underhill, Jr., P.E.
~ ~ in~ring, Inc.
Address: ~1 q8 C~]~ R~7 ~7~1 Telephone: (941)403-8866
Ci~/State: Naples, ~ Zip Code: 34102
Road Name: Not Appli~le
bca~on: Section 3 To~ship. 50S ~nge~ Plat Book Paggs)
L~ D~crip~on: ~e at~ch~ le~l ~scription & sketch
Current ~n~g: P.U. D.
Reao~ for R~t: To r~v~ ~ rights~f-~y fr~ wi~in ~e ~r H~k projec
DoM ~ ~ de~si~? NQ
I hereby autho~e Age.t above to represe.t' me for thh pe~ho~: ~Y~ ~ No
Si~a~re of Petitioner ~ Date
Pint Nine ~l~e)
P!eae s~ "Po~ and ~oc~ffe on the ~aa ad Vaa~on of Road ~tCf-Way' for te ~ of
suppo~ve ael wMch m~ accompany t~ pe~o~ ad deliver or ~ to:
CommuB~ D~elopm~t & g~nmen~ Se~ce D~ion
~ig S~m Depaut
~ No~ Ho~ Dr.
Napi~ ~o~a
(1) ~ app~ b a !nd ~ Mdlute am ae of
mjor ~ld~ ,.
pmM
(4) ~ ~ oM ~
MAY 2 5
A 'A'
Page 4 of 4
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
[Trans Number !Date I Post Date Payment Slip Nbr ~
123349 103/31/1999 9:05:11 AM f03/31/1999 MS 51025 j
BANKS ENGINEERING
New or Exist: N
Payor: BANKS ENGINEERING INC
Fee Information
Fee Code Description i GL Account ! Amount i Waived
12PVAC PETITION TO VACATE ! 11313890032910000000 I
$1000.00
Total $1000,00
Payments
i Payment Code !Account/Check Number Amount
L~_CHECK ' 5591 $1000.00
Total Cash F $0.00
Total Non-Cash L $1000.00
Total Paid [ $1000.00!
Memo:
VAC 99-010
CKK #5591
Cashier/location: TERILLA_J / 1
User: KIRK_D
iAGENDA ITEM
/NIAY 2 5' 199./~
Collier County Board of County Commissioners Printed:03/ 191E~' ·
CD-Plus for Windows 95/NT
03/23/99 1, z:55 FA.I 19412627098 kl. tRp]iY'S LAW ~1002
ZSCOUN~ ~A,NED 4E' ~" NOV 3% IN ~EC~ ~% IN JAN'~ ~Z ZN F~e u. e~l" nA
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998 COLLIE~ COUNTY NOTICE O~ AD VALO~EM TAXCS &IiD!NON-AD VALOREM ASSESSMEATS
n~UNT D~E .a i ~O.~ 6 10, I ,5 7
a, ?.c,~O .976 70C.2 ~ ~"1 105
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MAY 2 5 1999
03/23/99 11:55 FAX 19412627098 MURPBY'S LAW ......................... ~*00~
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1998 COLL'ER COUNTY NOTICE OF ~D VALORE.9 TAXE AND NON-AD VALOREM ASS
· '. i. , .' 3%
A~ICUNT DUE ~G O 1~,184,:. ~l,a~q,6 ti,;4 "
5.904' 4,4~i~ $m~-m ~m~'a~
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1998 COLLIER COUNTY NOTiC~ O~=, A} VALOREM TAXES AND "NON-AD VALOREM ASSESSn~.~
AMOUNT DijE 2,~ 6 ~q5 q ,6 ~ ~
w~ M{~U~ 4 ' ~u~ ~ ~,, · ~mu.t~
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: :,' i W~LLIA~S TR, VAN
:' .' ..049 8.9~ ~e~ % ~Y~ QUINBY REALTY
· " A ~ 4 H 7 ] w~ , ~ A~A I~ I
s~1/', L~S ~/a o~ ~' ,'; ~'~?~'.; ~U ~' .......~..' '-
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COLUER COUNTY RECORDED t '''"'
t This instrument prepared,
;~ recording requested by and
i: when recorded ma~l tO8 ~J~C ~~Q
[ J~Md~S W. ELKINS, P.A. '
800 R~rbour Drive
: Naples, F~. 33940
DON Q. WYN}; and ANNIE M. lYNN, husband and wl~e, as owners
of an unaiv~ded 1/2 interest and ROY ~ C~tZZ ~n~ NORHA O.
4,~(/ as owners o~ an undivided 1/2 interest, the Grnntor(s|, Ln
~ considersolo. o~ the sum o~ $840,000.~g received from CLYDE C.
QOIHBY, as Trustee, the ~rantee(s), of 4~08 Tamiami'Trail, Rotth,
convey(s) to =he Grantee(s) in fee s~mp~e ~he re~l property Ln
Colli.et County, ?;.crUde, described as,, -
~lt;a~ & "'
The )lest one--haZ~ (H 1/21 o~ I:~e West one-halE (H 1/2) of the
Southwest one-quarter (SW 1/4) of .section 3, ,:ownship 50 South,
Range 26
The West 40% of ~he Southwest one-quartet .(SW 1~4), less the west
one-halE (W 1/2) of =he West one-half (W 1/2) of the Soul~wesc
cne-~uarter (SW 1/4) and the North one-halE (N 1/21 r. hereQf, in
Section 3, Township 50 Souf~ Range 26 East containing 12 sores
{~ mere or less~ ' '
· ' sou*.heasCerly of S~ate Road s-seEr all being and lying tn octlot
X=~ 3, Township 50 South, Range 22 East Collier County~ rloridax
~ containing 7.90 across less the following described 80' right ot
way ~ ""'
Commen=e at ~:he ~ U4 cognac o~ Section 3, ~v'nah~P SO Sou=h,
Range 26 East, and tun S 89*~2'35" E ~or 9.52 ~eet ~onq ~he
South l~ne of =he NW U4 o~ IlLS Section 3, =o a p~int on the
8ouCheast ~W line of State Road '~856~ thence N 31'Q5t3o"E·
306.08 feet a~ong stir Southeast ~W line '[or ~e Point of
Beg~n~ng of ~e =enter l~e of In easement having a w~a~ of 80
feet, ~d l~ing 40 feet on each s~e o~ sli~ =enter linel ~ence
a~ong ~he fo~lowing {curses aesct~bLng sa~d ~enter linel
58e54~3D" E, Eor 25.00 feet to a point o~ {urvature; 66.97 feet
along =he ar= o= · ~urve soncave to ~he Southwest, having ·
radius of 65 feet, ~d s~tend~ by a ehord having a bear~g of S
29*=3'30" E, and a length of 64,05 feet ~o a point of ~angency3 S
OeOTs3Oe We for 193.84 feet to a point on ~be South line o~ HW
U4 o~ said Section 3, said po~C being S 89e52.35" g, and ~O.OO' 5 1999
[eec from ~e W U4 ~rner o2 said S~=ion 3.
and less from each Par=el all lands heretofore conveyed ~o the
public (S~aCe of Florld~ o= Collier CountY, Florida) Eor roads,
0R 800 . PAGE
ut~l~&ee and tireimage, rind grant(s| to ~e Grantee(a)
apput~onan~ eaeement(a)~ t~ any, and cavenant(;), excupt
provLded be~ov, ~at at the tLme o~ ~n~ ~ ~L~
the'reaL Pto~tty ~Etee ~ dZ
2, ~aveu~ aeLa~A oE and good tLgh to ~nvey the
probity ~e vested ~ ~he
3. the coal Property ~ not hometeed ~o~dy1 ~d
4. the Grantor(s} heceby Eu~Zy and generally va[ranC(I}
the ~Ze to the coal property and vi~X deEend the same
against the Zav~u~ c~aima o~ fi~ persons vhomsoevef.
Hove~'~, on~y acCua~ damaqes~ mac co ezceed the
sC~cod abovo~ may be recovered ~oc breach hereof. ~Ls deed
diac~ac~e~ aZ~ o[ =he 0bilesCions o~ G~anCorts} ~dec the sales
contract, and Grantee(s). shall berea~ter rely only upon the
~venan~8 contained
Th~8 ~eed and the real property are s~3~=
~- Dec~arat~ons~ condl~ions, resetvector, so restr~ct~ons~
limitations and euemen=s as:listed ~ s ~le opinion
glvcn..~o G~antee(s) or In a. Schedule oZ exceptions
cove~sge In any title lnuurance policy ~sur~g ~e
into:eats o~ Gr~tee(s) ~ =he pro~r~ or o~ cecocd~
or vhich are ~'is~ble, M ~y, ~C ~ls ;tov~on
no~ o~a~e ~o ce-~mFose ~e same,
2. Zonin~ ~d o~ec govecnaenU~ c;~a~ons ~gect~ng
use and occupan~ of =he reel
3. T~xes ~d assessments Ear ~rr~t ~d s~se;ent yea~,
4, Purchase money mortgage given to G~sn=or(I)
Grantee(s) ~re~n ~o secure ~e s~ o~ $6ZS,O00,O0, '
SiGned ~n ~he Fcese~ce
As Co Don ~, Wynn and A~ie
As ~o Roy S, ~pZe ~d ~ocma
~A~E OF ~A A~AI~
p~Z~c duly authorized &n the stare and count~ named above
Ok,' acknowledgments, ~rsonalZ~ ap~aced DON Q, ~NN, ~NIE
WYNH, RO~ S. CAPLE and NORHA O. CAP~, to ~te known to be the
007:~G704 B::~'~2T ~l),,.q 0.1Jq.q68 00137'0 ...
PAGE
t arran )eed "'
REC~ · ' ' 26:h de, ,~ April ~eSZ.
~YDE C. ~UI~Y, ~,
~ ~ oir~e ~d,,s ~, 4588 T~ TraiZ, Nor~, HapLes
CGZO.OO)
~e ~ar~h ~'e-ha/~ (1/23 o~ ~e ~esc ~ o~ ~e Sou~vesc ~--i~
'q~tte= (~/~) ~SS.' the Veac me-haLE (Z/Z) aE ~e 1~eec '
7~ship JO Sou:h, ~&e 26 hat, ~llSar ~, ~ori~.
~ ~ S~E~ ~o ease~ncs, tcscriccions and resewacions oe racord,
LE ~, md resZ ~c~ce ~s Eor the ~Zedar yur L98Z
~ subsequen= years
., -~ ·
~e pr=Per~7 conveyed hereSn is ~r~ed ~d ad aoc ~e
hmescead oE ~e
t9 82.
--' .,, MAY 2 5 1999
My ~'~ *'~ 1~ ~ :9~ ~ ... ....
*** 240240J OR: 2486 PG: 1377
~_amN~ 00399280007 V ~ C ~ ~ ' 0 [ 0
Quitclaim Deed
CLYDE C. ~, ~S~E
..... ~ DO~ ($10) ~,
Not~ ~ of ~%e Wes= 40% of ~e m, less ~e Wes~ ~ of ~e Wes~ ~ of
~e ~; and
lying Sou~ of SR 84, less ~ ~r~on p~sly con~d for r~d
all in Section 3, To~ship 50 Sou~, ~ge 26 East, Collier Co~,
property of ~e Gr~r. ~e Gr~tor's H~S~ a~ess is
LIST OF ABUTTING AND PROPERTY OWNERS
WITHIN 250 FEET OF CEDAR HAMMOCK
1. Mr. Lester Persky
15 Bluebill Avenue
Apt. 803
Naples, FL 34108
(941)597-9256
2. Mr. Peter Comeau
Naples Heritage Association
c/o U.S. Home Corp.
10491 Six Mile Cypress Parkway
Fort Myers, FL 33912
HAY 2 5 1999
FI~R ::IX '99 X4~46 2~Z
ss'onal F. nfilneers, Planners & Land S4 eVoJ"
March 18 1999 fe
bir. Robert L. Strait
Sprint
P.O. Box 2469
Naples, FL 34106-2469 '
Reference: REQLrEST FOR A LETTER OF NO OB,IECTION FOR RA ~,MKNT VACATION
Dear Bob:
We are submitling a Petition to the Collier County Board of Commiqi mers to vacal the publi~ intm'est in
the road rights-of-way / utility and drainage easements identified in 'e . attached Skei :h & Description.
This request being ndymitted is to remove the rights-el-way anti ~ ents which ar~ located within the
conlnlunity in Section 3, Township 2 .orida. The ps >jeer is on Davis
Boulevard and State Road 95 1 and is located immediately north of th~ Naples Herira Community.
We have also attached a location map which shows the genera/]ocati~ . These
easements are not being utilized for utility facilities. Thetdore, we ~ object to the
vacadon of these rights-of-way and easements. VIe will send you a co.] ty of the legal tescriptions for these
easements once they are available. By signing the statement below a~ :! return/rig th~ original signature to
our office, you will be acknowledging your concurrence with our pro~ reed vacation.
If you have any que.~ons ot require additional information, please fe~] ffec to contac: me at our Naples
o~ce.
Sincerely,
BANKS ENGXNEERIING, INC,
Pamela A. Eck
Project Manager
I l~v~ no objection to th~ proposed hghts~f-way ~n~t v~tion ~I the C~ch~ Ha ~nock pmj~t
FOR: SPRINT
Tin. z:
cc: Vince Murphy
S:\R~cep~ion\wpdocs\lixx%l16311163,144N.wpd AGENDA ITEM
.o._/;
L~e CountF. 10f01 - 104 glI Mile C!~m Parkway, For~ Myers, florida 339 i 2' ~. 41 )939-$~90. Fi (94
Collier Coumy: 2150-701 Oo~[le~e Road, Nepl~,Flortdel4102. (94114 ~-S86~. Fax (~41.03-~
......... i ..... :- .v-_
4741 Golde~ Ga~e P~vay
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road fights-of-way / utility and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the rights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these rights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and retuming the original signature to
our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed rights-of-way easement vacation at the Cedar Hammock project.
FOR: GOLDEN GATE FIRE DISTRICT
BY: ~ t~ ~ (Signature)
PRINTEDNAME:?~ad,tI/-b iii~. ~CT J'EF<.S aAI
AGENDA nT.M
TITLE: F/~./Z C.- ~ I ~' F' No.//~..e-,~
cc: Vince Murphy MAY 2 5 1999
S:\Reception\wpdocs\12xx\1263\1263_147N.wpd Pg. ~/
Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (941)939-2523
Collier County: 2150-701 Goodlene Road, Naples, Florida 34102'(941 )403-8866 · Fax (941)403-8868
Engineering,
Professional Fngineers, Planners & Land Surveyors
March 18, 1999
Mr. Jeff Gratton
Florida Power & Light
4105 15th Avenue, S.W.
Naples, FL 34116
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear Jeff:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way / utility and drainage easements identified in the attached Sketch & Description.
Thiz .......*
. _,~ .........g submitted is to remove the rights-of-way and easements which are located within il~c
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these rights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and returning the original signature to
-'- our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed rights-of-way easement vacation at the Cedar Hammock project.
PRINTED NAME:/-~---, [[' &~ rra~/
TITLE: ~-~z ~~>'C ' ~ ~ ~;~ ~~'
/ A~A I~
S:XReception,~docsX12xxX1263X1263_143N.~d MAY 2 5 1999
Lee County: 1050l-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (94.939Y)-g~ '~
Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 · (941)4034866 · Fax (941)403-, ida
Professional Engineers, Planners &Land Surveyors '
.:.
M~ch 18, 1999 ~~ ~.: ....~:: ::~:~'F/,.'~'iC;N SVLS
Mr. Ed K~t
3301 Tamigi Trail East
Naples, FL 34112 " .........
.......
Reference: ~Q~ST FOR A LETTER OF NO OB~C~ION FOR ~.GBTSjOF-WA' EASE~NT VACA~ON
.....
De~ Ed:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way / utility and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the fights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, ]'ownship 508, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these rights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and returning the original signature to
our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the pro sed right- of-way easement vacation at the Ccdm- Hart. mock project.
FOR: L R T SPORTATION DEPT.
BY: (Signature)
PRINTED NAME' ~"~Z~,~, ,/~
TITLE:
cc: Vince Murphy 2
S :\Recepti on\wpdocs\ 12 xx\ 1263\ 1263_ 141N. wpd
~. .,A._2 ._
Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (941)939-2523
Co llier County: 2150-701 Goodlene Road, Naples, Florida 34102 · (941 }403-8866 · Fax (941)403-8868
Professional Engineers, Planners & Land Surveyors
March 18, 1999
Mr. John Boldt
Collier County Stormwater Management
3301 Tamiami Trail East
Naples, FL 34112
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear John:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way / utility and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the fights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these rights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and returning the original signature to
"' our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel flee to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed rights-of-way easement vacation at the Cedar Hammock project.
FOR: COLLIER COUNTY STORMWATER MANAGEMENT ' .
BY: ~/~, ~~'~~/F-f/h (Signature)
PRINTED NAME: ~/'f' {~ 4 ' ~ Z.-- D 7" ~ '
TITLE: ~
/ ~//t~,~ ~ _ AGENDA ITEM
cc: Vince Murphy
S:\Reception\wpdocs\12xx\1263\1263_142N.wpd
Lee County: 1050]-t04 Six Mile Cypress Parkway, FoTt Myers, Florida 339]2 (941)939-5490 · Pax (c~ . 9~9-2523
Collier County: 2150-701 Good]ette Road, Naples, Plotida 34102 ' (941 )403-8866 · Fax (941)403-8868
Professional Engineer-% Planners & Land SurveyOrs ...... ' ......
March 18, 1999
Mr. Will Rutt
Media One
P.O. Box 413018
Naples, FL 34113
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear Will:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way /utilitv and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the fights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these fights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and returning the original signature to
our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed fights-of-way easement vacation at the Cedar Hammock project.
FOR: MEDIA ONE
BY: ~ c___ 4' Z 7~ (Signature)
PRINTED NAME: Thomas R. Yates
A~A ITEM
2 5 1999
cc: Vincs Murphy "~"
S :\Recepti on \w~docs\ 12 x ×\ 1263\ 1263_ 145N. wpd pg .~ c2,'~""'
Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941 )939-5490 · Fax (941)939-2523
Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 ' (941)403-8866 ' Fax (941)403-8868
COLLIER COUNTY GO NT
PUBLIC WORKS DIVISION 3301 E. TAMIAMI TRAIL
March 22, 1999 NAPLES, FL 34119~
(941) 732-9~575
Ms. Pamela A. Eck FAX: (941) 732-9~526
Banks Engineering, Inc. ,~ cERTIFIED BLUE CHIP CO.MML'N/TY
2150-701 Goodlette Road
Naples, FL 34102
Vacation of Easements A, B, C, D and E within the Proposed Cedar Hammock Project
(Section 3, Township 50 South, Range 26 East)
Dear Ms. Eck:
This office has reviewed your request to vacate the above-referenced rights-of-way, utility and
drainage easements.
The Collier County Water-Sexver District has no facilities within these easements and we, therefore,
have no objection to the vacation of Easements A, B, C, D and E within the proposed Cedar
Hammock Project.
Should you have any further questions, please feel flee to contact me.
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Technician
cc: Ed':.:ard N. Fim~, ib'ublic Works Operations/Interim Wastewater Director
Paul Mattausch, Water Director
Rick Grigg, Land Surveyor, Community Development
MAY Z 5 1999
Professional Engineers, Planners & Land Surveyors
Mr. Tom K. ck Z 2 Lq99
Collier County Engineering Plan Review
2800 North Horseshoe Drive ~
Naples, FL 34104 /.-.-L "'
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear Tom:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way / utility and drainage easements identified in the a~ached Sketch & Description.
This request being submitted is to remove the fights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf coUrse
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these fights-of-way and easements. We will send you a copy of the legal descriptions for these
easements once they are available. By signing the statement below and returning the original signature to
our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed rights-of-way easement vacation at the Cedar Hammock project.
FOR: COLLIER COUNTY ENGINEERING PLAN REVIEW
PRINTED NAME: 7"/~tlg'dg'S E.
cc: vince MuWhy NAY 2 5 1999
S:\RecePtion~,wl~docs\12×x\l:6YJ:63_MON.wPd
Le~ Coumy: ] 0~0 ~-] 0~ Si× Mile Cypress Parkway, Fort ~yers, Florida 339 ] ~ ·
Coiltar Coumy: :1 ~0-?01 Good]e~ Road, Naples, Hofida 3410: · (~41)403-8866 · Pax (9~)403-8868
Ap~-08-99 12:49P P.03
Professional Engineers, Planners & Land Surveyors
April l, 1999
Mr. Pete Comeau, Chairman
Naples Heritage Community
Development District
c/o U.S. Home Corp.
10491 Six Mile Cypress Parkway
Fort Myers, FL 33912
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear Mr. Comeau:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road fights-of-way / utility and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the fights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
Community in Section 3, Township 50S, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north oft he Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these rights-of-way and easements. By signing the statement below and returning the original
signature to our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eel:
Project Manager
I have ~ 7 tn~pro~
no obj ecti to the prop sed fights-of-way easement vacation at the Cedar Hammock project.
FOR: N E ~A OMMUNITY DEVELOPMENT DISTRICT
BY: ,~ . -- ": (Signature)
PRINTED NAME:" Mr. Peter C.o.meau
TITLE:_Regional Vice President - U,$.-.. Home Corp.
,,,._/ :T . . .
cc: Vince Murphy
MAY 2 5 1999
S:\Reception\WPDocs\l 2xx\] 263', 1263_168N.wl~
Lee County: ~ OS 0 ~ - 104 Six Mi[e Cypress Parkway, Forl Myers, Florida 33912 ' (941 ~939-5490. Fax (94 i }939-25::,'3
----.---.f. aale~Cn,,ntv: ~ 50-701 Goodlette Road. Nat~les, Florida 34102 · (941)403-8866 · Fax (941)403-gg6g
Professional Engineers, Planners & Land Surveyors
March 19, 1999
Mr. Tony Persichilli
Naples Heritage Association
c/o U.S. Home Corp.
10491 Six Mile Cypress Parkway
Fort Myers, FL 33912
Reference: REQUEST FOR A LETTER OF NO OBJECTION FOR RIGHTS-OF-WAY EASEMENT VACATION
Dear Mr. Persichilli:
We are submitting a Petition to the Collier County Board of Commissioners to vacate the public interest in
the road rights-of-way / utility and drainage easements identified in the attached Sketch & Description.
This request being submitted is to remove the rights-of-way and easements which are located within the
proposed Cedar Hammock project. Cedar Hammock is a proposed 799 unit residential golf course
community in Section 3, Township 505, Range 26E, Collier County, Florida. The project is on Davis
Boulevard and State Road 951 and is located immediately north of the Naples Heritage Community.
We have also attached a location map which shows the general location of the easements. These
easements are not being utilized for utility facilities. Therefore, we are sure you will not object to the
vacation of these fights-of-way and easements. By signing the statement below and returning the original
signature to our office, you will be acknowledging your concurrence with our proposed vacation.
If you have any questions or require additional information, please feel free to contact me at our Naples
office.
Sincerely,
BANKS ENGINEERING, INC.
Pamela A. Eck
Project Manager
I have no objection to the proposed rights-of-way easement vacation at the Cedar Hammock project.
FOR: ~~AGE ASSOCIATION
BY: (e~4gnamre)
-/-
PRINTED NAME: Mr. Tony Persichilli
TITLE: Regional Vice President - U.S. Home Corp. ' AGEJ, I)A I'ITr, M
cc: Vince Murphy
MAY 2 5 1999
S:\Reception\WPDocs\l 2xx\ 1263\1263_I 64N.wpd
Lee County: 10501-104 Six Mile Cypress Parkway, Fort Myers, Florida 33912 · (941)939-5490 · Fax (941)939L2523
Collier County: 2150-701 Goodlette Road, Naples, Florida 34102 · (941)403-8866 · Fax (941)403-8868
f eriff c nnt r
Collier County S~eriff's
3301 hmiami ;rail ~ast
Building 'J'
Naples, FL 34112
Telephone (AC 941 ) 774-4434
Apdl 8, 1999
Ms. Pamela A. Eck
Project Manager
Banks Engineering, Inc.
2150-701 Goodlette Road
Naples, Florida 34102
RE: PETITION TO VACATE CERTAIN RIGHT-OF-WAYS IN THE
CEDAR HAMMOCK PROJECT IN SECTION 3, TOWNSHIP 50S,
RANGE 26E, COLLIER COUNTY, FLORIDA
,._, Dear Ms Eck:
Staff has reviewed your request for a letter of"No Objection" for the above described project. The
vacation is as described in your letter of March 18, 1999, as listed above.
The Sheriff' s Office reviews these requests to determine if the granting of the vacation will have any
foreseeable negative effect on our ability to provide law enforcement services to the area. These
services include emergency response, patrol, and traffic enforcement.
So long as the vacation, either now or in the future, does not impinge on our ability to deliver these
services, the Collier County Sheriff's Office has "No Objection" to the granting of your request.
If the agency can be of any further service, please advise.
Sincerely,
·
eriff.
DH:GY:mc AGENDA
,"", CC: File
MAY 2 5 1999
_.: .
....... 896 R 2q
,i,q~- '1- ' ~ ~TT
;:~,,.. ,:,.; ..... ~ ~:U~A .~.
DED I_~AT l ON.,
KNO~ ALL H~H BY THESE PRE$ENTS, THAT Robert 8e~abeo and
~ .
wife Cynchla Borneboo, :he CRANTOR~ b~in9 ~hc =whet o~ c~e ~ee
- · s imp; · c i ~ 1 e to. 'U~e ,-1 and5 .. he'f~ ne f c er-descr ~ bed j · do~s ,.hereby ...........
-ded;ca~e ~h~ Fol]owln~ described lon~s to Collier County (o~
the use end beneFit o~ .the ~enerel .pub1 iC, ~or road rlghCs-oF- ~'~
~ay, u~;1;~'ie5 and dral,na'ge, :o the perpeLual. us'e Of Collie~ ~.~
County, ~o wi~: ,-- ·
TI~e Ease ~0 Feed'oF W 122 oF ~ I/2 oF S~ I/k, Jess ;he "
of ~ 112 AF SW 1/~, less the South 150 teat ~hereoF; ~:1
all ;n SeCtion 3, Township 50 SOuth, Range 26 ~a~C, ~.i
The SOu~h GO'feet or the North 525 feet Of Ch~ ~oSt "
.
Of SeCtion J, TounslUp$O Sou~h, Range Z~ East,
AND ALSO
South, Range 26 East, and run S 89e52'35'' E FOr 9.52
Feet 8]ong the ~outh- line at the NW 1/~ Of Said Section .2~
3, co a point on ~he Southeast R/W line oF State Road ' ' '
S-~56: thence N 3)~O5'~O" E-. for 306.08 rQet'~long said t
Southeast R/W )lnc For the Pont of Oeglnning or the ':
. center )lne of on eas~ent having a width of 00 Peat, "
,.-..:.j ......and_ly;ng ~O,.~eet. on each side o~..said center 1]net ' ' + ,""}
.thence a ~ ~g the '~] I~w i ng'~0lFg~desdr i b & ng"s~ T d ......... '~'
center 11'ne; S ~"54'30" E. for 25.00 Feet to a point .. '~'
or curvatur=~ 6G.~7 feec along the arc or a curve "~.
concave to the Southwest. having a radius of 65,.reet,
and subtended by a chord havl.ng a bearing of'l 29s23'30" E, .~::
and.a )ength or ~.O5 feet. to a ~int of cangenCy~
S 0*O7'30" W, For 193,8~ feec t~ a ~int on the South
i line of NW 1/~ of said Section 3,' said point being
$F89'52'35" E, and 220.,00 f=ec from the,~J./q c0'rnar .
o' so d Section ~I thence Continue S OeO?*jOu ~ for
........... ~.OO'?eet"alon9 a"11ne'-220'fee~-Easc oF-'and,-- pedal.leD .......... ·
w t -the West line oF the'SW 1/~'oF s~id Section J, '
~ p~~~re~ enea~'l ~ I--Fee re 1 ong-~he~
. .' I~O feet, and subtended by a chord hayin 8 bM'rin9 '
' o~ S ~'52'j2.5" E, and a)an thof '19~.99 ~eeE Co a -" ,,
"' tht No.rth line of th~ S~ tl'~'oF said Section j, 'to
the Paine of Ending of slid center line on the East ' ' '
)'~ne of. the West IOJ2 2l FIe~ o~. C'he SW I/~ oF said
Sect,ton 3, '.'r ;;, , ,...:. . '
........ : .'.. .. . ·
99
.- . , '., .
TO HAVE AND TO HOLD thc;'somc unto Collier County r~r
purposes '-~foresa id forever.
This dedlcat~on and ~he recordmt[o~ oF ~hE ~m6 she~t not
.. plac~ any duty, burden or llabillty' upon Coilier'~ounty, .b.y
?ormat act of the ~ve?ning body, cO accap~ ohm property he~eln .~) :
.. . · .
~ ' "and her~by"ded~cated-~- n~r-ob~ igote Col l'~er. Cuu~y ~o hnproVe
'the aforesaid property .in any ~nner, nor shall acceptance of )~'
[ this dedlcat ion by formal act ~ Col ]..l~'~'. C~unty .obl iga~ Coll i4r
Cou~ty-.to ~mpr~e ~he aFo~asaid proDarty in any ~nner.
nom~ this 18tt~dnV or ~Apa'l l
t . W I T~ESS[.S: ...... ' ........ ~j~'
. ........ _.. ~'.
J STAT~ OF FLORIDa, '.
COUNTY OF
I HEREDY'C~RTIFY that on ~his day, before ;....
me, an oEflc=r- duiy ~urhorized ..In ~hc State aroresaTd and In the '
County aforesaid to ~a~e ecknpwted~eht's, persona!ly'~pee d
R=bert and Cynthia Barn=boo 'ca me known ~o be
'~he person described In end w~ executed the ~are~tng Instrument. .'
. and: duly acknowledged 'before me '~hmc. they · executed 'the
s~=. · WITNESS my hind ~nd offlci=l s=a~ in the CGunty .'.'
end Stare last aforesaid this 18th ' day of 'Aprtt ~ O '19~ ,-re-,h,
. ...,.....,...,.. ..........
..;:~ -~ _ ., · ....
"' '""' ~ w~' ~'~ ~'~ '>,~ ~"Z~(~ ,"'~
)i ·
I .. .,
m,"~ ' A~A
~ ... ,,:.. ~.~
. .~- "..~.~. :/:.::.. -.:;::,'~
~omin A. Sw~er.y
clo D. Lee Coo~cr. 7017 5. W. Bib ~reet
Mizmi,
lets a~ ~het ~liabfe rm~er~i~ Io Ikem ~ ~ ~ ~
tar County o] ~ie ~ ~f&te e~ r~ ~:
Tha West h~f ol the ~uchwcst quarter or thz hornwet.' quar$cr or Section 3, ~ "~"
TownshIp 50 South. K~ngc Z6 East; SUBJECT &o e~etinl reszrict~as and
.rese:vstioas o[ record; and SUBJECT to &n castmerit ~or ~ublic road ziSht-~-
'. way over a,d across the V'es~ 30 ices ~d the 5o~h
.... ~...:..
~d >'~ ebos~ ~tfrm.
MAY 2 5 1999
i -; "
P~._~L, ~J'/...
I 5TJT£ OT rZ,O,qJD,lo COUNTY OF , .~. ~'~ .~ '
}
~ATE OF F~IDA, ~UNTY dr. Colli,~r
l IfE~Br CgRT[rY ~r M 4k~ ~7 ~Y mp~,~ ~/~e mr, ~ e~ ~17 e~ to
to me M'dl b~ ts k lhc ~ d~ b ~ ~ ~s~ s~ J~p~l d~ ~ ~l~ ~
Tgor. ]"'' ~ermle s~ m7 ~ ~ e~c/~ ~ ,~~ Co,~ ~
~A , ~ - ~ P JN :'
:.;' _ . __ . :.
..,., ' 5 ·:: ,~"-.,. A'o~ ~
f.~ .. ........... . .~;
My ~ss~ ~e, J~ tg. TN
' ~ ' ' ' · $o~e~ ~y ~e,~ $~tI Ct el ~ Y.
.:.:'. ~.~ '. :... -.
, ',: .' ;: - ./~/'
. . :...-,~.k~;~./
...... . :.
~A TE OF FI, ORI~J. COU.%TY Or ~~ .
te mr mvll ~ re ~ IAt ~ d~ ~ ~ ~ elrrsf~ t~ Je~is~i d~ ~ ~1~ b
/eft me I&e IA~ ra~vl~ tAe ~me Ir~v ~ ~Mts~IyJ~ fhepup~ t~
IN
N~
..~ ~. ~,. · ~_ ~ , .
~ "' ..... ',-~--~ ~LY 2 5 1999 ,-
pg.