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BCC Minutes 05/11/1999 RMay 11, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 11, 1999 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 11, 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 YVITH 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 Paul Jarrett, Naples Church of Christ 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 A. April 13, 1999 - Regular Meeting 1 May 11, 1999 B. April 13, 1999 - Workshop C. April 20, 1999 - Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) 2) Proclamation proclaiming the week of May 22-28, 1999 as National Safe Boating Week. To be accepted by Lt/C. Arch D. Ward, Executive Officer, Naples Power Squadron 3) Proclamation proclaiming the week of May 16-22, 1999 as Emergency Medical Services Week. To be accepted by Ms. Diane Flagg, Chief, Emergency Medical Services Proclamation proclaiming the week of May 16-22, 1999 as Law Enforcement Appreciation Week. To be accepted by Sheriff Don Hunter, Collier County Sheriff's Office 4) Proclamation recognizing Elwood Witt, Sr. 5) Proclamation proclaiming the week of May 9-15, 1999 as Rotary International Group Study Exchange Week. To be accepted by Mr. George Drobinski, District 6960 Group Study Exchange Chairman, Rotary International B. SERVICE AWARDS 1) 2) 3) 4) 5) 6) 7) 8) David Gigee, Road & Bridge - 20 Years Steven Dornbusch, Wastewater Dept. - 10 Years Donnal Holm, Revenue Services Dept. - 10 Years Arthur Drury, Jr., Road & Bridge - 5 Years Gordon Hazen, Parks & Recreation Dept. - 5 Years Thomas Walsh, Water Dept. - 5 Years Susan Kolanda, Pollution Control - 5 Years Mark Linsay, Road and Bridge - 5 Years C. PRESENTATIONS 1) Recommendation to recognize Julio Torres, Customer Service Representative II, Public Works Engineering Department, as Employee of the Month for May 1999. 2) Presentation of the Family Friendly Workplace Designation Award from the Naples Alliance for Children to be Presented by Myra Shapiro, Naples Alliance for Children President. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 7. PUBLIC PETITIONS A. Ms. Terri Ellison representing Waldon Oaks Homeowners Association regarding a speeding problem. 2 May 11, 1999 B. Mr. Richard Vetter regarding Westview Plaza PUD landlocking of lots. 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Progress report from the Comprehensive Plan Standards Ad Hoc Committee 2) Report to the Board on the Transportation Element of the Collier County Growth Management Plan. 3) Request by Attorney John E. Spiller to waive LDC requirements for a Site Improvement Plan (SIP) for existing improvements on various properties located in Immokalee, Florida, and to amend the LDC to provide for an administrative exemption from Site Development Plan or Site Improvement Plan submittal. B. PUBLIC WORKS 1) Approve an inter-fund transfer to the Immokalee MSTU to complete the Immokalee Main Street Beautification Project and designate CR 846 and SR 29 as gateways into Collier County. (Companion item to 8(B)(2), Bid No. 99-2921) 2) Award Bid No. 99-2921 for the Immokalee MSTU (Phase II-B) Median Landscape Improvements along S.R. 29 to Hannula Landscaping, Inc. (As a companion item to Funding Report under Section 8(B)(1) of the agenda). 3) Approve an Agreement for sale and purchase for property required to provide for a Stormwater Management Pond in the Gateway Triangle area. 4) This item has been deleted. 5) Adopt a Resolution authorizing the Acquisition by Gift, Purchase or Condemnation of road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests for Pine Ridge Road between Airport-Pulling Road (C.R. 31) and Logan Boulevard CIE No. 41. 6) Approve a Resolution to create the Golden Gate Parkway Water and Wastewater MSBU District. C. PUBLIC SERVICES 1) CONTINUED FROM 4/27/99 MEETING: Review of documents necessary to create a Collier County Community Health Care Committee. 2) Authorization to negotiate the sales price of property adjacent to the Golden Gate Community Center (GGCC) and appoint a Commissioner to act as a liaison to assist with the negotiation of the price. 3) Approve an agreement for sale and purchase for the purpose of acquiring Tract "D" of Roberts Ridge, "Roberts Ranch", Immokalee. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 3 May 11, 1999 F. EMERGENCY SERVICES G. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorize the office of the County Attorney to work jointly with the Clerk of the Circuit Court to take all appropriate action to recover any monies owed to the County by Southwest Florida Drama, Inc. or other entities or persons as a result of the grant of Tourist Tax funds for the Epic Drama proposal. 10. BOARD OF COUNTY COMMISSIONERS A. CONTINUED FROM 4/27/99 MEETING: Appointment of members to the Health Facilities Authority. B. Replacement of Ad Hoc Committee member. C. Recommendation to declare a vacancy on the Public Vehicle Advisory Committee. D. Item regarding employment of County Administrator. 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners sign the Certification of Acceptance for the State of Florida STOP Violence Against Women Grants Program Subgrant Award #99-DV-C1-09-21-01-009/Domestic Violence Unit Project in the amount of $91,125. 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-99-04, Richard D. Yovanovich of Goodlette Coleman & Johnson, P.A., representing Naples Dinner Theater Associates, LTD. requesting a rezone from C-1 to C-3 for property located on the north side of Piper Boulevard immediately west of Cypress Way, further described as Block B, Palm River Estates Unit 4, in Section 23, Township 48 South, Range 25 East, Collier County, Florida, consisting of .77+/- acres. 2) CONTINUED FROM THE APRIL 27~ 1999 MEETING. PUD-93-01(4), George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh PUD for the purposes of adding specific regulations for boundary and project signage; making provisions for fifty (50) special residential dwelling that may function as rental units in conjunction with the hotel or golf course; and revising the 4 May 11, 1999 authorized amount of commercial development in the activity center district for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in sections 25,27,34,35, and 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88 _+ acres. (COMPANION TO DOA-99-01) C. OTHER 1) CONTINUED FROM THE APRIL 27~ 1999 MEETING. DOA-99-01 George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh Development of Regional Impact (DRI) Development Order No. 95-01, as amended, for the purpose of increasing the authorized amount of retail floor space by 57,500 square feet of GFA, an increase of fifty (50) hotel rooms, and a reduction in medical office space of 25,000 square feet of GFA, for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in Sections 25,27,34,35,& 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88+ acres. (COMPANION TO PUD-93-01-(4)) 2) Adopt an Ordinance Amending Ordinance No. 97-37, the Reclaimed Water System Ordinance; by adding Subsection B to Section Twenty-three, Customer's On-site Reuse System; to establish policy regarding rates that the County's Reclaimed Water customers may utilize to pass-through direct costs to individual end users; providing for inclusion into the Code of Laws and Ordinances; providing for Inclusion into the Code of Laws and Ordinances; providing for Conflict and Severability; providing an Effective Date. 3) Petition VAC-009 to renounce and disclaim all rights and interests of the County and public access (ingress/egress) and travel upon the following roadways located within Foxfire Subdivision and Planned Unit Development: those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County Transportation vehicles, personnel, and permitting, and Collier County water-sewer district vehicles and personnel; providing an effective date. (COMPANION TO 12 C 4) 4) Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District by removing Foxfire Unites 1 & 3 from the Collier County Lighting District. (Companion Item to 12(C)(3) Petition VAC-99-009, Vacation of Platted Rights-of-Way in Foxfire Units One, Two and Three). 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-99-4 Collier County Community Development and Environmental Services Division representing the Board of County Commissioners requesting the approval of a Conditional Use for boat docks as a permitted principal use in the "RSF-4" residential single family zoning district for a property located on the south side of 3rd Street West and is further described as Lots 1 through 11, Block H, Little Hickory Shores Unit #3, Replat, Collier County, Florida. 5 May 11, 1999 2) Petition NUC-99-01 Thomas E. Conrecode of the V Group of Florida, Inc., representing American Funding and Service Corporation, requesting a change in use from a school to an indoor flea market for property located at 6800 Golden Gate Parkway in Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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) Adopt an interlocal agreement between Collier County and the City of Naples to provide for a Floodplain Management (FEMA) Coordinator. 2) Satisfaction of Lien for Public Nuisance - Resolution 99-106 3) Award of Bid #99-2922 for artificial reef construction. 4) Request to approve for recording the final plat of "Ventura, Phase One" and approval of the standard form Construction and Maintenance Agreement and approval of the performance guarantee. 5) Request to approve for recording the final plat of "Ventura, Phase Two" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 6) Adopt resolution approving transfer of Florida Cities Water Company - Golden Gate Utility System to the Florida Governmental Utility Authority as recommended by the Collier County Water and Wastewater Authority. 7) This item has been deleted. 8) Budget amendment for the Shellabarger Park Infrastructure Improvement Project. 9) Request to approve for recording the final plat of "L'Ermitage II at Grey Oaks" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. B. PUBLIC WORKS 1) Approve Change Order related to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828. 2) Recommendation that the Board terminate the Contract with J & J Baker Enterprises, Bid No. 98-2878 for Emergency and Scheduled Sewage Hauling. 6 May 11, 1999 3) Acceptance of various Drainage Easements to provide for Flood Relief and Drainage Outlets for those Properties North of US-41. 4) Adopt a Resolution approving a Memorandum of Agreement among the Counties, Municipalities and other Coastal Governments of Collier, Lee, Charlotte, Sarasota and Manatee Counties regarding Coastal Beach and Inlet Management. C. PUBLIC SERVICES 1) Authorization to approve an extension of an agreement with the Southeastern Library Network (SOLINET) and permission for Chairman to sign agreement. D. SUPPORT SERVICES 1) Approval of a Lease Agreement between Collier County and Florida Rock and Sand Company, Inc. 2) This item has been deleted. 3) This Item Has Been Deleted. 4) Approval of 800 MHz Radio System Modifications and the Purchase Contract to Achieve Year 2000 Readiness. 5) Report to the Board of County Commissioners Concerning the Sale of items Associated with the County Surplus Auction of March 27, 1999. 6) Authorize Staff to Reject Proposals Received from RFP #98-2785, Department of Revenue Integrated Software System. E. COUNTY ADMINISTRATOR 1) Approval of membership in the National Association of Counties. F. EMERGENCY SERVICES 1) Approve the Purchase of Two 1999 Yamaha Boat Engines G. BOARD OF COUNTY COMMISSIONERS H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 88-0650- MMA 2) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners update a document for Third Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. J. COUNTY ATTORNEY 7 May 11, 1999 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 43 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). 2) Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for International College. K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A) Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing M.J. Zuidema, Trustee for Land Trust #500967, requesting a rezone from "A" rural agricultural to "C-4" for property located on the east side of U.S. 41 North, north of the intersection of U.S. 41 and Old U.S. 41, in Section 9, Township 48 South, Range 25 East, consisting of 7.9 +/- acres. B) Petition PUD-99-2, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing Kenney Schryver, as Trustee for Land Trust 98-101, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Venetian Plaza for professional offices and light commercial uses located on Vanderbilt Beach Road (C.R. 862) 1/~ mile west of Airport-Pulling Road (C.R. 31) in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6.02 +/- acres. C) CONTINUED FROM THE APRIL 27~ 1999 MEETING. Petition PUD-98-21, David H. Farmer, of Coastal Engineering, Inc. representing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to merge the Club Estates PUD (Ordinance 97-69) and The Casa Del Sol PUD (Ordinance 89-70) to create a new PUD known as The Club Estates PUD for property located on the west side of C.R. 951 approximately one mile north of Rattlesnake Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 _+ acres D) WITHDRAWN (STAPF REQUEST) An ordinance of Collier County, Florida, to revise and codify the County's policy regarding exemption from beach facilities parking fees; findings and purpose; applicable beach facility locations; beach facility parking fee rates. Vehicle exemption from beach facility parking fees for permanent Collier County residents; proof of Collier County residency; Collier County parking citations; restricted parking areas; prohibited parking at metered parking spaces; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 8 May 11, 1999 May 11, 1999 Item #3A,B,&C REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call to order the County Commission meeting for Tuesday, May llth, 1999. I know we're having fun, but we're going to have more when it's over. We're pleased to have Reverend Paul Jarrett from the Naples Church of Christ. If you would please rise for the invocation, and remain standing for the pledge of allegiance. REVEREND JARRETT: Heavenly Father, we come before your throne at this time, so very grateful for the many blessings that you bestow upon us as a people. We thank you for the beauties of your creation that attest to your goodness and love. We thank you for a meeting such as this, the opportunity that we have in this country to express our views, to have public hearings regarding those matters of concern to all of us. And we pray that you would bless this commissioners' meeting, that it would accomplish the furtherance of progress in this area. We also are thankful for the fact that we live in a nation where there are so many people who will dedicate themselves to the level of service to fellow man. We're especially mindful of those who serve in the medical field, those who serve in law enforcement. We pray that you would bless them in efforts on their behalf. And we're always grateful for their willingness to serve in the manner in which they do. There are many things that we come before your throne for and ask regarding the personal nature each day. At this time on behalf of the citizens of our area, we pray that you might bless us with rain that would put an end to the threat of fire and problems that comes with that, and might shower us with other blessings as you seek fit as these days go by. We ask all of these things in humbleness and humility, knowing our dependence on you for those all blessings. Amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Okay, do we have changes to the agenda this morning? MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: We're trying to get the microphones working is the reason for the delay. Margie, maybe would you get Katie and tell her? MR. FERNANDEZ: Jean just came back. CHAIRWOMAN MAC'KIE: Jean just did that? So let's just try to go with setting the agenda at this point while they're working on the microphones. MR. FERNANDEZ: We have one -- really two changes to the agenda. The first is to move Item 17(A) to 12(B)(3). This was formerly on the summary agenda. It's Petition R-99-2, rezone from A agricultural to C-4. The property located on the east side of 41, north of the intersection of U.S. 41 and old -- UNIDENTIFIED SPEAKER: We can't hear you. CHAIRWOMAN MAC'KIE: We know. All we're doing at this point is setting the agenda. We're moving an item off the summary agenda onto the regular agenda. Nothing substantive at this point. If you don't Page 2 May 11, 1999 mind, we'll go ahead and set the agenda. COMMISSIONER CONSTANTINE: We're trying to make productive use of our time while we're waiting for the microphones to work. MR. FERNANDEZ: The only other change I have, Madam Chairwoman, is to continue Item 10(A), which is the appointment of the health facilities authority members. This is a request from the County Attorney's Office. Just want to add an additional note, that the Phoenix awards will be presented in conjunction with Item 5(A)(2), which is a proclamation. CHAIRWOMAN MAC'KIE: Any changes from the County Attorney's Office? MR. WEIGEL: No, nothing further, thank you. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Nothing. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: No changes. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: No changes. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I'd like to move Item 16(E)(1) to the regular agenda. CHAIRWOMAN MAC'KIE: That will make it 8(E)(1)? COMMISSIONER CONSTANTINE: Yeah. CHAIRWOMAN MAC'KIE: Okay. 16(E)(1) becomes 8(E)(1). I have no changes to the agenda. But before we take a motion, I need to remember to ask for ex parte disclosure on the summary or consent agenda items. COMMISSIONER BERRY: I have none. CHAIRWOMAN MAC'KIE: Anybody? COMMISSIONER NORRIS: I have had some contact on some of the items outside. CHAIRWOMAN MAC'KIE: Anything further? COMMISSIONER CARTER: I've had contact on some of the items. COMMISSIONER CONSTANTINE: Ditto. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: I may have had contact. I -- but I don't know. CHAIRWOMAN MAC'KIE: Okay, let's -- is there a motion to set the agenda? COMMISSIONER NORRIS: Madam Chairwoman, I'll move that we approve the consent agenda, summary agenda and the regular agenda with the changes as noted. CHAIRWOMAN MAC'KIE: Is there -- COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE -- a second? COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor of setting the agenda, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 3 A GENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING MAY ll, 1999 MOVE ITEM 17(A) TO 12(B)(3) - PETITION R-99-2, REZONE FROM "A" AGRICULTURAL TO "C-4" FOR PROPERTY LOCATED ON THE EAST SIDE OF US 41 NO. NORTH OF THE INTERSECTION OF US 41 AND OLD US41. (COMMISSIONER CARTER) NOTE: ITEM 5(A)(2) - THIS ITEM WILL ALSO INCLUDE THE PRESENTATION OF THE PHOENIX AWARDS. PROCLAMATION PROCLAIMING THE WEEK OF MAY 16-22 AS EMERGENCY MEDICAL SERVICES WEEK. May 11, 1999 Item #4 MINUTES OF APRIL 13, 1999 REGULAR MEETING~ APRIL 13, 1999 WORKSHOP MEETING~ AND APRIL 20, 1999 WORKSHOP MEETING - APPROVED AS PRESENTED COMMISSIONER BERRY: I make a motion for the approval of the minutes of the April 13th regular meeting, April 13th workshop, and April 20th workshop. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF MAY 22-28, 1999 AS NATIONAL SAFE BOATING WEEK - AODPTED CHAIRWOMAN MAC'KIE: Okay. So all we've done so far is set the agenda and approve the minutes. But now we're to proclamations. Shall we try to -- COMMISSIONER NORRIS: Sure. CHAIRWOMAN MAC'KIE: -- do those nice and loud. COMMISSIONER NORRIS: Could I get Arch Ward to come up, please. Just come right up here and -- our TV cameras are working, so if you'll turn around and face the camera, we'll put you on the CNN feed here. CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER NORRIS: Proclamation reads: WHEREAS, each year more Americans are choosing recreational boating as an ideal way to relax with their families and friends; however, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to properly equip their craft with personal flotation devices and other protective equipment, or fail to instruct their passengers in the use of such devices prior to a boating cruise; and WHEREAS, every year hundreds of lives are lost in boating accidents. These fatalities can be reduced and boating made more pleasurable if those who engage in it will emphasize knowledge, care and the courtesy necessary for safe boating; and WHEREAS, the Congress of the United States, having recognized the need for such emphasis has, by a joint resolution of June 4, 1958, requested the President to annually proclaim one week as National Safe Boating Week. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of May 22nd to the 28th, 1999 be designated as National Safe Boating Week. DONE AND ORDERED THIS llth day of May, 1999 by the Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. And Madam Chairwoman, I'd like to move acceptance of this proclamation. COMMISSIONER BERRY: Second. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? Page 4 May 11, 1999 (No response.) CHAIRWOMAN MAC'KIE: Motion passes. (Applause.) CHAIRWOMAN MAC'KIE: If you have something you'd like to try to yell to the crowd, feel welcome. MR. WARD: Well, the Naples Power Squadron is dedicated to teaching boating safety, and we just want to thank you for recognizing National Safe Boating Week. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Keep up the good work. (Applause.) Page 5 PROCLAI A TZOH ~VM~eAa, each year more Americans ore chaosin9 recreational bootin9 as on ideal way to relax with their families and friends,' however, what starts out as a pleasant cruise often ends in tragedy because boaters fail to teach their families to swim, fail to properly equip their croft with personal flotation devices and other protective equipment, or fail to instruct their passengers in the use of such devices prior to a bOating cruise,' and, every year hundreds of lives ore lost in boating accidents. These fatalities can be reduced and boating made more pleasurable if those who engage in it will emphasize know/edge, care and the courtesy necessary for safe boating,' and, the the need for such 1958 (7Z Star. one week as NOW :be of of:'i 1999 be DONe AND COA444ISSIONER5 FLORIDA 'AMELA 5. MAC'KIE, CHAIRWO D ~VT'5 ~ E ~~ May 11, 1999 Item #5A2 PROCLAMATION PROCLAIMING THE WEEK OF MAY 16-22, 1999 AS EMERGENCY MEDICAL SERVICES WEEK - ADOPTED CHAIRWOMA/~ MAC'KIE: I'm going to stand up to read my proclamation, so maybe -- and I have my mommy voice working, so hopefully people can hear me. This is a wonderful proclamation. It has to do with Emergency Medical Services Week. And I'd like to ask Chief Flagg if she would come forward to accept this proclamation. You've got a mommy voice too, don't you? MS. FLAGG: I do. CHAIRWOMAN MAC'KIE: WHEREAS, emergency medical services is a vital and irreplaceable public safety service; and WHEREAS, the paramedics of the Collier County Emergency Medical Services Department are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services providers have traditionally served as the safety net of America's health care system; and WHEREAS, the paramedics of the Collier County Medical Emergency Services Department engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, members of this community benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of the Collier County Emergency Medical Services Department by a designated Emergency Medical Services Week. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of May 16th through 22nd, 1999 be designated as Emergency Medical Services Week. DONE AND ORDERED THIS llth day of May, 1999, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. I'd like to move acceptance of this proclamation. COMMISSIONER CARTER: I second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) MS. FLAGG: Good morning, commissioners. On behalf of the Emergency Medical Services Department, I'd like to thank you for your recognition and continued support of the paramedic services provided by my colleagues. This past April marked 18 years of advanced life support services for our community. The Collier County EMS is recognized by state and county as a premier leader in lifesaving support services. The upcoming Phoenix Awards are an example why. The Collier County EMS Department has achieved a 26 percent resuscitation of sudden death victims. Additionally, the recent passage of legislation that will provide special risk benefits for the paramedics and EMT's could not have been Page 6 May 11, 1999 achieved without your support and the efforts of Representative Burt Saunders and Dudley Goodlette0 On behalf of the EMS Department, I extend appreciation and commitment to world-class emergency services. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Diane. (Applause.) CHAIRWOMAN MAC'KIE: One of the things that I have looked forward to in getting to being the Chairwoman of this board is the Phoenix awards that are annually presented by the chair, and I'm going to get to do that today. Despite it not being well received, I guess, on television but we're working on it. In recognition of Emergency Medical Services Week, the Board of County Commissioners would like to recognize those EMS department paramedics who have restored a beating heart. The Phoenix Award is presented to EMS paramedics, through their skills and knowledge, who have successfully brought back to life an individual who has died. This Phoenix Award presentation marks the 600th since the inception of the Phoenix program in 1986. On September 9th, 1998, after suffering chest pains for three hours, Mrs. Estelle Brown summoned the Collier County Emergency Service's paramedics. Within minutes, Juan Ortega and Molly Gabriele arrived and quickly assessed the situation. Mrs. Brown advised that she was now also suffering pain which radiated to her jaw. As they were preparing Mrs. Brown for transportation to the hospital, her heart developed a life-threatening arrhythmia, known as ventricular fibrillation. This ls a chaotic and unorganized rhythm in which the heart is unable to pump oxygenated blood. After recognizing the serious EKG rhythm change, paramedics Ortega and Gabriele immediately delivered a shock and administered lifesaving devices to Mrs. Brown. She was then transferred to North Collier County Hospital. Mrs. Brown is here today to personally present her Phoenix Award. Lieutenant Ortega and Lieutenant Gabriele, please come forward. (Applause.) CHAIRWOMAN MAC'KIE: There are other emergency medical service colleagues today, and we would like to recognize them as well. As we call your name, would you please come forward to receive your Phoenix award. They are Lieutenant Lenny Pohl. (Applause.) CHAIRWOMAN MAC'KIE: Amazing job you've got. Emergency medical technician Heather Peterson. (Applause.) CHAIRWOMAN MAC'KIE: Lieutenant Noemi Fraguela. (Applause.) CHAIRWOMAN MAC'KIE: Paramedic Stephanie Loving. (Applause.) CHAIRWOMAN MAC'KIE: Lieutenant Enrique Gonzalez. (Applause.) CHAIRWOMAN MAC'KIE: Paramedic Kellie Kocienda. (Applause.) MS. FLAGG: She's working. CHAIRWOMAN MAC'KIE: Flight medic John Poczynski. (Applause.) CHAIRWOMAN MAC'KIE: Flight medic Bruce Gastineau. MS. FLAGG: He's also working. Page 7 May 11, 1999 CHAIRWOMAN MAC'KIE: He's not here. And pilot John Spatuzzi. (Applause.) CHAIRWOMAN MAC'KIE: I can't imagine what you guys do for a living, but you can't imagine how much we appreciate that you're there. Thank you. Before you go, I have one other presentation for Lieutenant Noemi Fraguela in recognition of her achievement as Paramedic of the Year for 1999. (Applause.) COMMISSIONER CONSTANTINE: I just have this visualization of each of them going home, "Oh, what did you do today, honey? Oh, saved a life." CHAIRWOMAN MAC'KIE: Yeah, started a heart that had stopped beating. Can't imagine. So we have the luxury of microphones now, Commissioner Constantine. Would you like to make a presentation? Page 8 HAY !999 PROCLAA4A TZON WHEREAS, emergency medical services is o vital and irreplaceab/e pubtic safety service,' and, WHEREAS, the Poromedics of the Collier County Emergency A4edicol 5errices Department ore ready to provide Iifesovin9 care to those in need 24 hours o day, seven days o week,' and, WHEREAS, access to quality emergency medical care dramatically improves the survival and recovery rate of those who experience sudden illness or injury,' and, emergency medical services proriders have traditionally served as the safety net of America~ health care system,' and, WHEREAS, the and and, WHEREAS, knowledBe and WHEREAS, bya ~::'~'~.. "T., ~'. . ,'.. .-":::: NOW it of week o 1999 be WEEK DONE AND ORDERED BOARD OF COUNTY COA4A4Z55.TONER5 COLLjTER COUN 7'Y, FL ORZDA AMELA 5. MA~~N~' P 0 AN D WZ 'T E~ May 11, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE WEEK OF MAY 16-22, 1999 AS LAW ENFORCEMENT APPRECIATION WEEK - ADOPTED COMMISSIONER CONSTANTINE: I would indeed. We have several members of our law enforcement community with us. I'd ask them to join us in the front of the room for the presentation of this proclamation. Pat's waving them up. The proclamation reads -- actually, if you face that way so the folks at home can see you on TV as well. CHAIRWOMAN MAC'KIE: Stand up here in front of us. We get enough. COMMISSIONER CONSTANTINE: The proclamation reads as follows: WHEREAS, the problems of crime touch all segments of our society and can undermine and erode the moral and economic strengths of our communities; and WHEREAS, we are fortunate that law enforcement officers from all area agencies dedicate themselves to preserving law and order and the public's safety; and WHEREAS, we recognize that the men and women in law enforcement risk their lives on a daily basis to protect our citizens and maintain social order; and WHEREAS, we encourage all citizens to pause to recognize our law enforcement officers so that we may not take their work for granted. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the week of May 16th through 22, 1999 be designated as Law Enforcement Appreciation Week. DONE AND ORDERED THIS llth day of May, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to make a motion that we approve this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) PUBLIC SPEAKER: I'd like to make one comment on behalf of Sheriff Hunter and the agency. We have an outstanding group of law enforcement deputies that work in your county. The Naples Police Department, I can't say enough about them. I've been with the agency for 21 years now, and you have an outstanding group of law enforcement people. Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Yes, we do. Thank you. Page 9 P R O C,L A hl A T Z O I~ the problems of crime touch a// segments of our society and con undermine and erade the moral and economic strengths of our communities,. and, we are fortunate that low enforcement officers from a// area agencies dedicate themselves to preserving law and order and the public ~ safety,' and, WHEREA~, we recognize that the men and women in law enforcement risk their/ires on a daily basis to protect our citizens and maintain social order,' and, I~VHEREA,5, we to recoynize our law take the/r work for NOW t the week of DONE AND :" of A4ay, .MELA 5: MAC'KIE, CHAIR N A TTE5 T: b l4zZ ' rE.. B~ May 11, 1999 Item #5A4 PROCLAMATION RECOGNIZING ELWOOD WITT, SR.- ADOPTED Commissioner Berry? COMMISSIONER BERRY: Yes, ma'am. At this time, if we could have Mr. Elwood Witt, Sr. please come up. He's going to be accompanied by former Commissioner Tim Hancock. You can come up here and stand beside him. MR. HANCOCK: I've been up there enough, thanks. COMMISSIONER BERRY: Elwood, if you want to just face the cameras, please, we're going to talk a little bit about you here. WHEREAS, the communities of Palm River and Willoughby Acres are strong and diverse communities, giving retirees as well as young families a safe and enjoyable place to call home; and WHEREAS, Elwood Witt, St. was instrumental in the development of Willoughby Acres and remains the last living member of the individuals responsible for the development of Palm River; and WHEREAS, Elwood Witt, St. was well known for his advocacy and generosity and has given unselfishly of himself here in Collier County, and WHEREAS, Elwood Witt, St. spearheaded a group of hard-working citizens which resulted in the construction of a safe and much needed access for the residents of these communities. THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, which wishes to thank all of the citizens of Palm River and Willoughby Acres who worked so hard to show the need for the bridge, and wish to especially recognize Elwood Witt for both figuratively and literally building community bridges to make our roads and communities safer. DONE AND ORDERED THIS llth day of May, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chairwoman, I'd like to move acceptance of this proclamation for this very distinguished individual. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously. (Applause.) MR. WITT: I wish to say there's a lot of people here that helped me in this job. That was a very tough job. MR. FERNANDEZ: Why don't you come to the microphone here. MR. WITT: Some of them are right here. CHAIRWOMAN MAC'KIE: Now that we have microphones, we can use them and you don't have to yell so loud. MR. WITT: You can't do these things without help, and the citizens of Palm River and Willoughby Acres and that, and several of them are here today, I have to thank them because they did the legwork and I had to do the putting it together. I appreciate their help very much. And Immokalee Road is a road that needs some help, believe me, after you see what happened yesterday. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, sir. (Applause.) Page 10 PROCLAAfA TZON WI-IEREA5, the communities of Palm River and Willoughby Acres ore stron9, diverse communities giving retirees as well as youn9 families o safe, enjoyable place to coil '~ome ",' and, H/MEREA~, E/wood FVitt, 5r. Was instrumental in the development of Willou9hby Acres and remains the lost living member of the individuals responsible for the development of Palm River,' and, WHEREAS, Elwood Hlitt, 5r.. was well known for his advocacy and generosity and has 9ivan unselfishly of himself here in Collier County,' and, HfMEREAS, Elwood Hlitt, 5r. spearheaded o group of hard working citizens which resulted in the construction of o safe and much needed access for the residents of these communities. NOW THEREFORE, be it of County Commissioners of Collier f the citizens of Palm 'so hard to show the bridges to DONE AND 1999. E, CHAIRWOI ATTEST.' b WZ~T ~.'~ROCK, CLERK'~ May 11, 1999 Item #5A5 PROCLAMATION PROCLAIMING THE WEEK OF MAY 9-15, 1996 AS ROTARY INTERNATIONAL GROUP STUDY EXCHANGE WEEK - ADOPTED CHAIRWOMAN MAC'KIE: And Commissioner Carter has a proclamation. COMMISSIONER CARTER: Yes, Commissioner Mac'Kie. It's my pleasure as a Rotarian to invite to the dias this morning Mr. George Drobinski, District 6960. He's a group study exchange chairperson. And also, if they're in the room, we have the Rotary International Group Exchange Team from my Milan, Italy. So if they would join us here at the dias this morning, we'd like to read this proclamation. CHAIRWOMAN MAC'KIE: Saved for you, Mary. COMMISSIONER CARTER: Just come right up here in front. CHAIRWOMAN MAC'KIE: Please. COMMISSIONER CARTER: Don't be bashful. CHAIRWOMAN MAC'KIE: Right across here would be great. COMMISSIONER CONSTANTINE: Nobody wants to stand in the middle. CHAIRWOMAN MAC'KIE: Nobody wants to stand in front. COMMISSIONER CARTER: Nobody wants to stand in the front. Hey, don't be bashful. The proclamation reads as follows: WHEREAS, we welcome the Rotary International Group Study Exchange Team from Rotary International District 2050 in Milan, Italy to Collier County, Florida; and WHEREAS, the Rotary Foundation of Rotary International Group Study Exchange Program has sent to us a team of six professionals who are visiting Collier County to study our institutions and way of life; and WHEREAS, the team members will also observe the practice of their own professional (sic) exchange ideas; and WHEREAS, the team is able to personally experience family lifestyles as they are hosted by Rotary Clubs of Collier County and given accommodations in local homes; and WHEREAS, the Rotary Foundation is a nonprofit corporation supported by Rotarians and others worldwide. Its objective is to achieve worldwide understanding and peace through international humanitarian and educational programs. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of 9 -- May 9 to 15, 1999 be designated as Rotary International Group Study Exchange Week. DONE AND ORDERED THIS llth day of May, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I move this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) MR. DROBINSKI: Good morning, commissioners, or should I say Bonjourno. For the record, I'm George Drobinski, chairman of the Group Study Exchange Program for District 6960. On behalf of our district governor, Howard Crowell and all Page 11 May 11, 1999 Rotarians of the district, we say good morning to you and send our greetings and our appreciation for being recognized by proclamation for what we believe is a truly exceptional program from the Rotary Foundation. GSC, as it is known, is a vacational and cultural exchange. Specifically, these individuals will be in Southwest Florida for the next 30 days. They actually arrived in Fort Myers last week. We have the honor of hosting them for this week in Collier County, we'll send them to Charlotte County next week, and they will finish their final week in Sarasota. They live in the homes of Rotarians. They also have the opportunity in which to pair up with professionals in Southwest Florida, similar to what they do in Italy. And they talk about differences and similarities of business, which is a way of fostering world peace and understanding, a better understanding. It makes the world a smaller place, we like to say. We currently have another group study exchange team right here from Southwest Florida over in Milan right now, and they're as well enjoying the exchange. This commission should be recognized for always supporting the group study exchange program. I'd like to take just a brief moment to recognize through your support individuals who work for Collier County that have been able to participate in a group study exchange previously. I'd like to first recognize Terry Bolle, who works for the Sheriff's Office, who had the opportunity to go to Sri Lanka. Stephanie Sauser, who is a supervisor in the TAG office, had the opportunity to accompany Mike Davis, who was the team leader, to Columbia, South America. Just last year, Fred Reischl, who is a planner, got the opportunity to go to Japan. Bob Salvaggio, who went to Philippines, could not be here this morning, nor could Joe Dellate, who went to Columbia as well. I had the opportunity to lead a team several years back to Southern Italy. So we again, appreciate all of your support to this program. I would like to put a plug in for next year. We do these exchanges every year. Next year we have one already locked in. I'll give you a hint: Bonjour, je m'appelle Georges. Comment c'est la vous. Parlez vous Francais? COMMISSIONER CARTER: Oui, monsieur. MR. DROBINSKI: New Jersey, that's exactly right. That's where we're going. Actually, we're going to be a little bit farther to the east. We'll be 30 kilometers out of France. In about three months applications will go out for individuals 25 to 40 who can take time out of their business 30 days and intensified training. CHAIRWOMAN MAC'KIE: Tim, you're it for us. MR. DROBINSKI: Now, you have to be 25, so -- COMMISSIONER CARTER: Sorry about that, Tim. MR. DROBINSKI: But I'd like to take a moment, and again, it's my honor to introduce Frederico Peloja, who is a team leader who would like to say a few brief words about his team and make a presentation of a gift to you. Frederico? MR. PELOJA: Good morning. It's a pleasure for me to represent my Italian Rotarian District 2050. We are so happy to be here with Page 12 May 11, 1999 you. We appreciate your kindly hospitality. I'm a physician. I come from Montova, which is a city in the north of Italy, between Milan and Venice, in our district. A beautiful town, very old. And I'm a rheumatologist. I'm very happy to be here. And we are having a wonderful, exciting -- a lot of wonderful and exciting experiences. I want to introduce -- let me introduce my wonderful group. Matteo Galante, who is certified accountant. And he's 27 years old. He works in -- he comes from Piacenza, which is a beautiful town -- city near Milan. Anna-Paola Caranna. She comes from Piacenza, too. Like Matteo, she graduated in economics. And now she's the customer service manager of her own company. She works in the packaging sector. Ruggero Pallante, 26 years old. Comes from -- he also comes from Milan. He's graduated in economics, and he works for a PC software games distributor. Sonia Costi has -- she is 25 years old. She has responsibilities in a public relation -- in public relations in a telecommunication company. She has a degree in travel and tourism. And Marilisa Rossi, she comes from Vulgara, a beautiful town near Milan. She works in Milan in an import/export company with responsibilities in public relations. Thank you very much -- CHAIRWOMAN MAC'KIE: Thank you. MR. PELOJA: -- for your time and your kind hospitality. CHAIRWOMAN MAC'KIE: Thank you. Welcome. (Applause.) MR. DROBINSKI: You can't forget the gifts. We'll be spending the rest of the day touring the government complex. We definitely put them through their paces. Thank you again. COMMISSIONER BERRY: Thank you. This is a pin and it has the Italian flag and the American flag. CHAIRWOMAN MAC'KIE: Both flags. COMMISSIONER BERRY: Thank you very much. CHAIRWOMAN MAC'KIE: It's a wonderful program. We're glad you're here. Thank you. I'd like to go where you're from. Okay, thank you very much. Bye-bye. (Applause.) Page 13 HAY '~ ~. 199~ PROCLA,ffA TZON WHEREAS, we we/come the Rotary International Group Study Exchange Team from Rotary International D/strict 2050 in/Hi/on, Italy to Collier : County, F/or/do,' ond, WHEREAS, the RotofF Foundorion of Rotory Internotionol Group Study Exchange Program has sent to us a team of six professionMs who ore visiting Collier County to study our institutions and way of life,' and, ~. WHEREAS, the team members will o/so observe the practice of their own professions ond exchonge ideos,' ond, WHEREAS, the teom is oble to fomily lifestyles os they ore hosted b ond 9iven WHEREAS, the. ..:.:.:.:..: .... supported by achievement of humon/toP/on rtiono/ ........ · ........... · ~-.:......:; : ! NOW of of/Hay: :.,,:.:... ,. GROUP WEEK DONE AND CO/H/HZ55ZONERS FLORIDA P MELAS, MACKiE~ May 11, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED CHAIRWOMAN MAC'KIE: Next, Commissioner Constantine has our service awards. COMMISSIONER CONSTANTINE: We do indeed. We have several service awards this morning with employees who have been with us for some length of time. The first three have been with us for five years. And we'll start out from road and bridge with Arthur Drury, Jr. (Applause.) COMMISSIONER CONSTANTINE: From parks and recreation, getting the five-year certificate and five-year pin, Gordon Hazen. (Applause.) COMMISSIONER CONSTANTINE: And also with road and bridge, five years, Mark Linsay. (Applause.) COMMISSIONER CONSTANTINE: Celebrating 10 years with us and getting the -- I can't quite recognize the 10-year stone. CHAIRWOMAN MAC'KIE: Looks like a diamond to me. COMMISSIONER CONSTANTINE: All right. Getting the diamond stone, so the chair tells us, Donnal Holm from revenue services department. (Applause.} CHAIRWOMAN MAC'KIE: It's a diamond. If it were bigger, it would be a cubic zirconia. Thank you, ma'am. COMMISSIONER CONSTANTINE: And 20 years ago, when I was in 7th or 8th grade, David Gigee started working for us, and we he gets the green stone for his 20-year pin. (Applause.) COMMISSIONER CONSTANTINE: There's no way you are that much older than me. MR. GIGEE: I was 18 when I started. CHAIRWOMAN MAC'KIE: Thanks for your work, sir. COMMISSIONER CONSTANTINE: Thank you very much. Item #5Cl JULIO TORRES, CUSTOMER SERVICE REPRESENTATIVE II, PUBLIC WORKS ENGINEERING DEPARTMENT, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR MAY 1999 CHAIRWOMAN MAC'KIE: Next, I'm going to ask Julio Torres to come forward. Julio is being recognized as the employee of the month for May, 1999. Let me get my sheet here to tell me about him. Julio Torres has been employed with Collier County since 1998. Working in the public works engineering department as a Customer Service Representative II, Julio's job is full of many demands from the public, as well as his co-workers. He meets this challenge every day in a very patient, professional manner. Julio has developed a personal office log for this department, which consists of general duties and actions taken on daily situations, which has resulted in higher productivity. Julio also developed a systematic mechanism for tracking the county vehicles. This system can give information on each department Page 14 May 11, 1999 vehicle, from the mileage of the vehicle to ensuring the vehicle's insurance cards are current and posted. Julio is responsive and professional in responding to customers. On numerous occasions he has escorted customers to the door, while giving them directions to other offices located on the campus. Julio is an alert, self-disciplined employee with a very positive attitude, and is very deserving of the recognition of employee of the month. It is without hesitation that we offer him a letter of commendation for his file, a check, and a plaque as employee of the month for May, 1999. (Applause.) COMMISSIONER CONSTANTINE: Standing ovation. CHAIRWOMAN MAC'KIE: That tells you something. CHAIRWOMAN MAC'KIE: Now, we'll go to -- MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Oh, I'm so sorry, I forgot. Please do. MR. TORRES: I'm sorry. I can't remember how many times I had so many people looking at me. But, you know, I haven't been with the county government for a very long time. I've only worked in the private sector for most of the time. This is the first time. And I've only been here a short time with the county. But I've got to say that I want to thank the public works engineering department and division, and also the fellow employees throughout the county, on and off campus. Because without them it wouldn't have been able to be done because they always give me the help and support that I need. So thank you. Thank you very much. CHAIRWOMAN MAC'KIE: That's wonderful to hear. Thank you. (Applause.) Item #5C2 PRESENTATION OF THE FAMILY FRIENDLY WORKPLACE DESIGNATION AWARD FROM THE NAPLES ALLIANCE FOR CHILDRNE TO BE PRESENTED BY MYRA SHAPIRO CHAIRWOMAN MAC'KIE: Next, we have a presentation from Myra Shapiro of the Naples Alliance for Children, that I am just thrilled to know that the county is receiving. But I won't steal your thunder, go ahead. MS. SHAPIRO: I'm turning the tables. All the proclamations and -- have been given from you. Now we're going to give something to you, or recognize you. While I'm -- I'd like to call up Leo Ochs, who is the support services division administrator of human resources. Can you stand -- come up here, please? Jennifer Edwards, director of human resources. And Karen Kocses, senior human resource analysis -- analyst. Thank you. CHAIRWOMAN MAC'KIE: We all knew what you meant. MS. SHAPIRO: All right, thank you. Naples Alliance for Children's mission is to take a leadership role in advocating for the improvement of the quality of life for Collier County, Florida's children, youth and their families. The importance of family policies and benefits in the workplace is becoming crucial to men and women when they evaluate employment opportunities and also to employers who compete for working parents in the labor market. Page 15 May 11, 1999 Employers are now called upon to create a work environment that meets the expanding and challenging role of the working parent. Family friendly workplace programs pay off in dividends, by attracting and retaining the best employees, increasing productivity, increasing employee morale, reducing turnover, absenteeism and tardiness, and reducing health costs related to stress. Naples Alliance for Children encourages all businesses, large and small, to have workplace policies and programs which assist employees to take an active part in raising their children. Members of the Naples Alliance for Children Success by Six business round table of which Karen Kocses is a very active participant, and the Naples Alliance for Children board of directors developed a set of criteria that is used to identify local businesses that exemplify a family friendly workplace. The businesses that meet some or all of the established criteria are designated as Naples Alliance for Children Family Friendly Businesses. Plaques will be presented to 16 businesses this Thursday evening at the Naples Alliance for Children dinner. A logo is developed for use on letterheads and printed materials. The Naples Alliance for Children encourages and recognizes employers who have workplace policies and programs that assist their employees to take an active part in raising their children. We commend the county and particularly the human resource department for their continuing efforts in creating a family friendly environment for Collier County employees. And I'd like to present this certificate -- you'll receive the hard copy Thursday evening -- on behalf of Naples Alliance for Children to you. And I'd also like to give you each a copy of our new child care directory that will help you to assist the county in being family friendly. Thank you. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) COMMISSIONER CONSTANTINE: I just wanted to point out, that cute little one in the back, it was almost as if on cue -- CHAIRWOMAN MAC'KIE: On cue. COMMISSIONER CONSTANTINE: We do the item for children and families and we get some cute little sound effects from the back of the room. MS. KOCSES: I'd just like to mention a couple of the points that -- in the submission for this recognition. Some of the things that we qualified for are an employee assistance program; access to education opportunities on family-related issues; information resource service for family and work issues; an employee newsletter; time saving on-site personal services, such as ATM, our snack bar, dry cleaning; wellness programs; tuition reimbursement; a cafeteria plan of benefits; full schedule flexible time; compressed work weeks; sick and personal leave; dependent pre~care tax accounts, and also extended family medical leave benefits. CHAIRWOMAN MAC'KIE: Thank you. And it's wonderful to hear that list. I'll tell you something that had been for a long time floated around the county as a potential idea that has -- I don't know if it even has a great deal of interest among the staff anymore, but I just wanted to take the chance to mention how progressive I think it would be for the county to have some on-site child care for staff. And if that's something that there's interest in, it's something that I'd certainly support exploring. So I just thought it'd be the right time Page 16 May 11, 1999 to mention that. COMMISSIONER CARTER: Very good, Commissioner Mac'Kie. I think it's great that we are being as aggressive as we are in this area. Without question, the changing demands in the workplace, it's nice to know that we are right in the mainstream. We're trying to get ahead of that stream of being a family -- or employee friendly workplace. CHAIRWOMAN MAC'KIE: It's wonderful. Thanks. Item #YA MS TERRI ELLISON REPRESENTING WALDON OAKS HOMEOWNERS ASSOCIATION REGARDING A SPEEDING PROBLEM - STAFF TO PREPARE AGREEMENT AND PRESENT SAME AS A REGULAR AGENDA ITEM We'll go to public petitions now. We have Terri Ellison, representing Walden Oaks Homeowners' Association regarding a speeding problem. MS. ELLISON: Good morning. CHAIRWOMAN MAC'KIE: Morning. MS. ELLISON: My name is Terri Ellison and I'm president of the Walden Oaks Homeowners' Association. I'm here on behalf of the board and approximately 475 residents living in Walden Oaks. I was on the board last year. I was vice president last year. And I listened to all of the complaints that we had and witnessed a lot of it. We have a lot of speeding in the development. It's private roads, so we have tried to take care of it with warnings, through our newsletter, any way we could. We can't. We had mailboxes just wiped out by speeders. Parts of these people are our residents. I spoke to Sheriff Hunter. He told me that there was a process that I had to go through, which I did. I wrote to the county administrator. And this is the second part of the process. I'm here to ask you to help me with my fiduciary responsibility to look out for my homeowners there, to allow us to enter into a contract with the sheriff so that he might patrol in our area, so that people possibly would get a better idea that they shouldn't run stop signs and they shouldn't speed. And that's the main purpose that I'm here for. CHAIRWOMAN MAC'KIE: Thank you. Mr. Kant, is that a -- would this be a unique situation? Is this unusual? MR. KANT: Edward Kant, transportation services director. Good morning, commissioners. No. Recently we've just -- the board just approved a similar arrangement with the Villages of Monterey and several years ago with the Imperial Golf Estates. I was on vacation last week, but when I got back, I see that I have -- and I didn't have a chance to speak with Ms. Ellison, although I had talked with her on the phone. But we received a memorandum from Sheriff Hunter directed to me that says that please accept this memorandum as notification that the collier County Sheriff's Office will enforce traffic laws within Walden Oaks, once an agreement for traffic control jurisdiction is entered into between Walden Oaks and the Board of County Commissioners. Level of enforcement will be determined by the Sheriff's Office. And this is typical of the types of interagency and cooperation that we have with the sheriff. What we will do is go in and examine their traffic control Page 17 May 11, 1999 devices and make sure they have the appropriate signage and pavement markings. We'll write a letter to that effect and then the -- we'll come back to you with the agreement similar to the agreement we put together for the Villages of Monterey, which is a three-part agreement among the homeowners, the board and the sheriff. CHAIRWOMAN MAC'KIE: Basically it's because they're private streets, we have to extend the sheriff's -- MR. KANT: That's correct. What you're doing essentially is extending the county's jurisdiction permitting the sheriff to go in there. You're not taking any responsibility for maintenance or any of those other costly type of issues. CHAIRWOMAN MAC'KIE: Is there a discussion? It's public petition. Our practice would be to give staff direction if the board so deems. COMMISSIONER CARTER: I move we give staff direction on this issue. CHAIRWOMAN MAC'KIE: I support that. Is there -- COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: -- a consensus? Okay, we won't have an official vote since it's a public petition, but I think you can see there is sufficient direction from the board to move forward in that direction. MR. KANT: Thank you, commissioners. We'll be back to you with that agreement. COMMISSIONER CONSTANTINE: Mr. Kant, what's a reasonable time frame they could expect that to come back? MR. KANT: We'd like -- because of the board's vacation schedule, I'd like to get it done before the end of June. COMMISSIONER CONSTANTINE: Thanks. MS. ELLISON: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Item #7B MR. RICHARD VETTER RGARDING WESTVIEW PLAZA PUD LANDLOCKING OF LOTS - STAFF TO INVESTIGATE AND REPORT BACK And now Mr. Richard Vetter regarding the Westview Plaza PUD landlocking of lots. Mr. Vetter has changed a little bit and apparently looks a lot like Mr. Goodlette. MR. GOODLETTE: Thank you, Madam Chairman and members. I'm Dudley Goodlette, actually representing the Girls' and Boys' Club of Collier County. We have been in negotiations with Mr. Vetter and Mr. Arnold for some time to acquire four lots at the easterly terminus of Westview Plaza, Westview Drive. And just to orient you to where -- the land that we're talking about here, this is where the old Elks Club was located on Airport Road. There's a road that goes east from Airport Road back to a residential neighborhood, which is Donna Street. When Westview Plaza was initially platted in 1981, legal access to that Westview Plaza property was actually off of Donna Street to the east. Since that's a residential neighborhood, there was some confusion, frankly. And when the PUD document was approved by the county commission in 1983, the use of Donna Street was prohibited, and indeed barricaded, so that there is -- access has always been provided to Page 18 May 11, 1999 these 12 lots in Westview Plaza by Westview Drive, which is east from Airport Road. But unfortunately, that's about a 2,600-foot strip. Westview Plaza is only half of that, about 1,300, so there's an inter -- there's a gap of 1,300 feet between -- again, if you can orient this, from the west boundary of Westview Plaza to Airport Road. So that 1,300 feet is a private easement. And that's what has created our problem. We've met with Mr. -- or representatives for Mr. Vetter and as well as the Girls' and Boys' Club, Holly Harmon, has met with Mr. Weigel, talked to Mr. Kant. We'd simply like to have some direction. Boys' and Girls' Club needs to and wants to and is anxious to go forward with its worthy program, but we've reached this impediment, if you will, and we'd like some direction and some help to enable us to go forward. CHAIRWOMAN MAC'KIE: If I can understand, the problem is that we're unable to negotiate access across that 1,300 feet of private easement? MR. GOODLETTE: It's simply -- it's a reservation. Mr. Kant perhaps can address that more specifically, or Mr. Weigel, who's looked at it legally. It's a -- those are just -- we're sold by metes and bounds description. That other 1,300 feet, Madam Chairman, between the westerly boundary of Westview Plaza, the platted Westview Plaza, and Airport Road is not platted, as I understand it. And so that's a privately dedicated easement. We would like for the county to take over, either accept that previously unplatted access so that we can have legal access, or whatever we need to do. And that's why we're here asking for your direction. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I understand the question actually is one of financing. There's some question as to whether or not that would be provided, if the easement question remains. Is that an accurate -- MR. GOODLETTE: That is clearly a concern of the lender of your Boys' and Girls' Club project, yes. COMMISSIONER CONSTANTINE: I just want to be careful. I don't mind if Mr. Arnold, if he's the appropriate -- Arnold wants to bring that up to county code and county takes over that portion, or do whatever we have to do. There was some discussion when we dealt with the Boys' and Girls' Club facility as to access and whether primary access would be from Westview or from Donna. And there are certainly representations made that that would be via Westview, because we didn't want to have that traffic coming daily through a neighborhood. And as long as we still maintain that and make sure we're helping out, as you say, a group that does a lot of good, then let's just give staff direction to work out the various options and bring it back to us. CHAIRWOMAN MAC'KIE: Is that adequate direction for you, Mr. Kant? Because that's certainly sufficient for -- MR. KANT: Edward Kant, transportation services director. There are several -- the short answer to your question is yes. Unfortunately I have to ask for a little bit more ~- give you a little more detail to get a little more detail. There may be -- and we have not done an inspection of that existing roadway. But if there are deficiencies which may -- typically when somebody has to have a road dedicated to the county that was not previously a county maintained Page 19 May 11, 1999 road, we do inspection to ascertain whether or not it has to have any deficiencies rectified. And typically that is not a county expense. Now, it is my understanding that this roadway is owned in part by each of these property owners. So there is at this point no mechanism that I'm aware of that would require these 12, 13 or however many individual property owners between Airport Road and the western edge of this platted road to ban together to bring the road up to county standard. And so -- CHAIRWOMAN MAC'KIE: It may fall to the Girls' and Boys' Club to fundraise for that purpose or something, because -- COMMISSIONER CONSTANTINE: Or it may fall to Mr. Arnold, who owns a number of these properties, and if he wants to make that transaction happen -- MR. GOODLETTE: Understand that Westview Plaza, which is the 12 lots that are platted, which was Mr. Arnold and Mr. Vetter, are -- they do meet county standards. We're now talking about that roadway that's not part of what is owned by Mr. Arnold, I believe, Commissioner Constantine. CHAIRWOMAN MAC'KIE: Talking about the 1,300 feet that has some numerous owners? MR. GOODLETTE: That's correct, yes. MR. KANT: That's correct. CHAIRWOMAN MAC'KIE: So that's -- MR. KANT: But we will accept your direction to investigate what the issues are. We may have to come back to you on an interim basis to ask for future direction. COMMISSIONER CONSTANTINE: I understand, Mr. Goodlette, the difference on who owns what. But my comment is just that those who stand to financially gain from this, might be worth their while to participate in the improvement of that road, if that's part of the option. But certainly, the public shouldn't pay for that, if that's going to benefit Mr. Arnold and Mr. Vetter. MR. GOODLETTE: Indeed. And there are a myriad of issues that we'd like to work through with your staff in terms of how it's going to be financed, what level it's going to be maintained by the county, and that's why we just need to go forward, frankly. CHAIRWOMAN MAC'KIE: And I think Mr. Kant has sufficient direction to do that. And thank you for being here. Item #8A1 PROGRESS REPORT FROM THE COMPREHENSIVE PLAN STANDARDS AD HOC COMMITTEE - ACCEPTED. URBAN DENSITY REDUCTION - APPROVED. SPECIAL MEETING TO BE HELD MAY 18, 1999 RE RURAL POLICY Next, we will go to a progress report from the comprehensive plan standards ad hoc committee, which I think is the rural fringe committee. Do I have that right? MR. LORENZ: Yes. For the record, Bill Lorenz, natural resources director. That's correct. This is the rural fringe committee that the board set up back on April 13th. What staff would like to do is to divide this up into basically a three-part presentation. First, Marjorie Student needs to brief the board on the timing and process with regard to the DCA commitments that we have to have. Page 20 May 11, 1999 Secondly, I would like to provide the board with a brief summary of what the committee has developed to date and together with Wayne Arnold -- Wayne Arnold, who's the chair of the committee -- so Wayne can clarify, comment, add information to what I'll present. And then thirdly, Bob Mulhere needs to address the board on a couple of issues, including some of the draft language for what I'll just call the eastern lands proposal. MS. STUDENT: Thank you, Bill. Good morning, commissioners. For the record, Marjorie Student, Assistant County Attorney. And I have an April 29th letter here from David Jordan, who's the acting general counsel for the Department of Community Affairs, that sets forth the time frames. Basically, as I think the board is aware, we did get the 45-day extension from the Governor and Cabinet, or the administration commission, which would bring us to June the 17th. However, the administration commission has regularly scheduled meetings like our board meetings, so the last available meeting before that drop-dead date is June the 8th. The Cabinet aides also have to review any proposals, and they need about a week before the Governor and Cabinet, so their meeting is June the 2nd. The agenda has to be distributed to the administration staff by May the 27th, and the DCA has to have their information in by May the 21st; so hence the expedited time frame to complete the evaluation of the settlement agreement as it stood and getting this information up to Tallahassee. CHAIRWOMAN MAC'KIE: Margie, can I just interrupt you? Ten days from today we have to either have a joint agreement with DCA or we will have our own proposal and DCA staff will have their own proposal. MS. STUDENT: That's correct. And as I understand, I've been in touch with Mr. Jordan at the DCA, and they were meeting with the assistant secretary today to take their proposals to them. And I had advised him that as soon as the board approved what has been done, we would be e-mailing our information to them and, you know, kind of seeing where we are. CHAIRWOMAN MAC'KIE: Have we seen their proposals that are being provided to someone else today? MS. STUDENT: No, they cannot -- I asked for them, but I was advised that they can't share that with us until such time as it goes through their channels, that being the assistant secretary today. So hopefully '- CHAIRWOMAN MAC'KIE: Gee, I thought there was some sort of Sunshine Law or something that government documents were available. MS. STUDENT: Well, it may be similar to our situation where if it's in draft and it hasn't become formalized yet, that -- but I did ask Mr. Jordan and he advised me that was their procedure. COMMISSIONER CONSTANTINE: Did you start to -- when you started to finish your comment there, that hopefully is available at the end of the day today? Did you say their meeting is -- MS. STUDENT: No, I was going to say sometime this week. They're meeting today. I don't know exactly what time. But I'll be in touch with his office to see what information I can obtain. CHAIRWOMAN MAC'KIE: And just as fast as you can get that, you'll copy all of the commissioners on it, and certainly this committee. And anybody else who is interested can get copies through the commission office. MS. STUDENT: Absolutely. And as part of the cabinet aides' Page 21 May 11, 1999 meeting, traditionally we go a day in advance and meet with the aides individually and so forth, and that's been done before. So if you have any questions, I'll be happy to answer them. CHAIRWOMAN MAC'KIE: Just on the topic of scheduling, for information of the board, June 8th, which is the day we have to go to the Governor and Cabinet, is also a county commission meeting day, so I will be absent and be in Tallahassee for that meeting on June 8th. COMMISSIONER CONSTANTINE: So load up the agenda that day. CHAIRWOMAN MAC'KIE: Okay. MR. LORENZ: Yes. The committee has met five times since it was developed, and roughly about three hours each time, and have debated a lot of the issues with regard to what we're calling the cjustering criteria. They met last night. What I'd like to do is -- if I could have the visualizer on for me, please. The -- I provided a summary, and it was passed -- distributed to the board this morning, on the -- of a summary of the standards. And I've also provided some comments that are available for the public as well. And what I'd like to try to do is just step down the little bit of the difference, hitting the highlights between what we proposed to the board in the March 19th language and where the committee has settled, and they adopted this proposal for the board last night. We look at the on-site set-aside preservation. The original -- the proposed settlement agreement right now basically has what I'm calling a zero to 50 percent set-aside requirement. And the reason why I'm saying zero to 50 percent, because it allows for the set-aside to be either all or a portion to be set aside off-site within a NRPA or area. CHAIRWOMAN MAC'KIE: Well, that troubles me, that distinction there, because I would entitle that one 200 percent to 50 percent. Because if they go off-site, they have to preserve double the acreage that they're impacting on-site. So, I mean, there was no possibility of zero. MR. LORENZ: Well, if you had a complete farm field that had no vegetation on it at all, you could preserve the 25 percent off-site. So that would -- that means it would be zero percent on-site. CHAIRWOMAN MAC'KIE: On-site. But -- important distinction. MR. LORENZ: Right. The committee recommendation basically looks at, if you will, a 25 to 50 percent. And the 50 percent comes in because there's the incentive for cjustering. But the requirement -- the language will be drafted such that projects in the rural fringe, if they don't -- aren't subject -- if they don't subject themselves to cjustering through the PUD development process in these alternatives, would have to set aside 50 percent of the site. If, on the other hand, they are subjected to the PUD development process and the cjustering standards, they would only be required to preserve a minimum of 25 percent of the total site area, and that would have to be on-site. So the difference between the original proposal and this proposal is that 25 percent of the total site must be preserved, set aside as natural areas on the site. CHAIRWOMAN MAC'KIE: I have to ask another question, because this is the most important piece to me, and that is, I don't care half as much about preserving open space as I do about preserving or even creating where necessary natural space. In this 25 to 50 percent, Page 22 May 11, 1999 what if there is no natural area on-site? MR. LORENZ: They would have to create a natural area on-site, 25 percent of the total site. CHAIRWOMAN MAC'KIE: Okay, thanks. COMMISSIONER CONSTANTINE: Can I just ask, I completely understand the reason for preserving. How do you create -- I don't mean that literally, but creating a natural site obviously isn't a natural site. CHAIRWOMAN MAC'KIE: That's a really good question. And, you know, I had asked that because I, you know, had the same concern. And all I mean when I say that is basically to scrape it down to permit natural flow ways and to remove exotic vegetation. Then the site will be able to become natural in the natural process. Not that you would have to plant, you know, some native species, but that you scrape down for flow ways and remove exotics, and then it can restore itself. COMMISSIONER CONSTANTINE: Is that clearly -- is that what this says as well? And if so, is that clearly written so that this isn't misinterpreted to mean something much more than that later? MR. LORENZ: Well, the committee's intent -- and this is where, you know, I'm going to have Wayne Arnold; I know there are some other individuals of the committee -- would be to recreate those areas, such as if you put in littoral zones among your lakes, that would be credited as natural areas. They would function as natural areas. If you had to recreate a wetland because of other mitigation requirements from federal state agencies, that would be a recreated natural area. CHAIRWOMAN MAC'KIE: But that's something that's going to exist through the agency requirements. I'm talking about if -- something in excess of other agencies. MR. LORENZ: No, this -- our requirement would not be in excess of the other agencies. CHAIRWOMAN MAC'KIE: It's pretty meaningless then. COMMISSIONER CONSTANTINE: Thank you. MR. LORENZ: The applicability is the -- the previous proposal was 40 acres. The committee recommends that it be bumped up to a 50-acre threshold. I think that the highlight there is that in both alternative -- in both proposals, golf courses would be subject to the -- all of the criteria. There's a question about the retention of the naturally functioning native vegetation. The original one, the vegetation requirement, had no minimum percent preservation, but would require a two-to-one mitigation ratio for any vegetation that's -- you impacted. So in the sense that it didn't require preservation on-site, if you did destroy it, you would have to mitigate at a two-to-one ratio either on or off-site. COMMISSIONER CONSTANTINE: How did we come up with the two-to-one number? MR. LORENZ: The proposed settlement agreement? Those numbers were essentially the -- based upon the TwinEagles criteria. COMMISSIONER CONSTANTINE: And again I ask then, how did we come up with two-to-one? I know the whole TwinEagles scenario, but that had to come from somewhere. We didn't just randomly pick that number. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: It might be more appropriate to have Mr. Lorenz complete the presentation, because he's merely presenting the Page 23 May 11, 1999 committee report. And for response to questions, you have committee members here that I think might be best to address those questions. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: So if we could have Mr. Lorenz go through his report and then you'll have the committee members available to answer your questions. CHAIRWOMAN MAC'KIE: Instead of asking him to support something that's not his particular work -- MR. FERNANDEZ: That's correct. CHAIRWOMAN MAC'KIE: -- it's their work. I see. MR. LORENZ: The committee recommended that 40 percent of the existing vegetation be required to be preserved. So in other words, an area equal to 40 percent of vegetation would have to be preserved, not to exceed 30 percent of the total site acreage. So that's somewhat of an upset value. So they didn't want to have more than 30 percent of the total site be set aside. So the vegetation requirement again is 40 percent, not to exceed 30 percent of the total site. The committee also recognized that they did not want to have all of the -- all of preservation or all of the natural vegetation to be destroyed. So the note number one says no less than, but it should read no more than 25 percent of the vegetation can be impacted. So basically if you have -- if you have natural vegetation on-site, you cannot touch 25 percent of it. On the other hand, the committee did allow that if as a result of project constraints, or basically the design preferences of the developer, that any impact between the minimum 25 percent requirement and in view of that 40/30 percent requirement, which is the high value, could be impacted, but would have to be mitigated on-site at a ratio of 1.5-to-one. Now, the committee did discuss that ratio and felt that two-to-one was too much, just too onerous, but a 1.5-to-one ratio, in their assessment, was an appropriate mitigation ratio. And also provided, if you will, a disincentive to destroy any vegetation that was on-site. In other words, again, trying to provide incentives to keep as much vegetation on-site as possible. COMMISSIONER CONSTANTINE: And that goes back to where my question was coming from on the two-to-one, so thanks. MR. LORENZ: The other point of discussion was how do we define the naturally functioning native vegetation. The previous language was any vegetation that was invaded up to 90 percent exotics would be considered 100 percent native vegetation. The committee recommended that there should be somewhat of a sliding scale there, and it kind of dovetails with the mitigation requirements from the South Florida Water Management District regarding melaleuca, and recognizes that if you're up to basically 50 percent or 49 percent exotics, we're going to count all of that area as naturally functioning vegetation. You can clear that area and you'll get a naturally functioning system. On the other hand, if you go between 50 and 74 percent invasive exotics, you're just going to get credited 50 percent of that area. And anything greater than 75 percent, there would be no -- that would not be considered as naturally functioning vegetation. The committee also looked at package sewage treatment plants. The original proposal would not allow any packaged sewage treatment plants that were less than 100,000 gallons a day. The committee recommends that if you cjuster your development, or subject to all the cjustering Page 24 May 11, 1999 criteria, you can go below 100,000 gallons a day for a package plant. And the last item, the committee did discuss the NRPA's. This somewhat dovetails a little bit with the eastern lands proposal. With a recommendation -- of course, previously we had lands that were a private ownership, current private ownership, that were not necessarily on any acquisition list. And we were proposing to designate that as an NRPA. The designation would require a zoning of one to 40 and much more restrictive land uses. The committee recommends that we should not designate any areas private NRPA's until it becomes reevaluated by the eastern lands committee. CHAIRWOMAN MAC'KIE: Are there any -- were there any NRPA's proposed in the rural fringe? MR. LORENZ: There was some areas, a couple sections around the CREW lands that were not part of the formal CREW lands, but because of their vegetation of the wetlands, we recommended those as NRPA's. CHAIRWOMAN MAC'KIE: And those are included in the rural fringe that's the subject of this committee's work? MR. LORENZ: That's correct. My little note here that I have for myself is that the -- we would take the designation of NRPA's off of those areas, but those areas would be subject to the cjustering criteria as part of the rural fringe standards. With that, that's basically the overview of the committee's work. Now I'd like to have Wayne Arnold to come up and provide any additions, clarifications or changes that he feels that he needs to address the board and can answer, of course, more detailed questions. MR. ARNOLD: Good morning. Wayne Arnold. CHAIRWOMAN MAC'KIE: Good morning. MR. ARNOLD: I'd just like to thank staff and the other committee members for their efforts over the last two and a half weeks. We've had pretty aggressive meetings scheduled two times per week. I think as Bill indicated, those have averaged about three hours. Last evening's meeting went till about 7:00 p.m, so about a four-hour meeting. I think Bill did a great job explaining that our emphasis here has been on retaining existing on-site native vegetation, rather than trying to require somebody to go and purchase either a natural resource protection area or a mitigation bank, et cetera. The focus was trying to retain the best of the best on your site and give some flexibility for individuals to work around their own individual site characteristics. Because what I think we've done is provided flexibility without the opportunity to impact all of the vegetation. The 25 percent threshold was discussed at length yesterday. Until yesterday's meeting, we did not have that floor of being able to impact the 25 percent with the mitigation back up to this 40 percent goal that we have on-site for native vegetation retention. I think it's also important that cjustering now is presented as an option. And I think it's also important to note that -- and I think this needs clarification. The golf courses are going to be subject to best management practices, as well as cjustering standards when they're in the rural fringe area. I think as it's currently written, you can read that to say that golf courses in the urban, rural and otherwise are subject to all of the cjustering criteria. I don't think that's exactly what we intended, but I think that's part of the clarification process we need to go through after we hear Page 25 May 11, 1999 public input and the board's direction on some of these items. I think also we've just started to touch on the natural resource protection area issues and the wetlands protection measures. I think the easy one for us was to say that private NRPA's are not appropriate at this time and that those areas that were the private NRPA's west of Golden Gate Estates should be subject to the same standards as the cjustering and rural fringe designation. I think that provides a level of protection and environmental protection for wetlands that -- CHAIRWOMAN MAC'KIE: What does that? What provides a level of protection? MR. ARNOLD: Well, right now there is absolutely no standard outside the urban boundary for wetland protection, native vegetation protection or otherwise. CHAIRWOMAN MAC'KIE: No county standard? MR. ARNOLD: There's no county standard, exactly. Whatever any other agency wants you to do, that may be appropriate but -- CHAIRWOMAN MAC'KIE: Pull your mike a little closer, Wayne. MR. ARNOLD: I'm sorry, I'm suffering from a little bit of a throat cold here, I'm sorry. CHAIRWOMAN MAC'KIE: Sorry. MR. ARNOLD: The -- but I think it's important to note that the county has no standards, so we are implementing a standard of 25 percent native vegetation retention on-site as the minimum, with the goal of 40 percent. If you can't reach the 40 percent, you're mitigating at one and one-half to one for every acre on-site to bring either vegetation back on-site as native or off-site to recreate this vegetation. I think that's pretty significant, compared to where we are today. And I think it's also something that's reasonable that can be applied to the developments and still allow the flexibility that -- CHAIRWOMAN MAC'KIE: Sort of like now that we're in hell, it's significant to, you know, ever so slightly get one foot out of the fire. That's about as meaningful as that it is. MR. ARNOLD: Well, I guess one of the points that I want to emphasize is I think we're not quite through with dealing with these issues. There are still some other wetland protection measures that need to be addressed. We're scheduled to meet again this Thursday and next Tuesday, which I think gives us two more meetings of our committee prior to really needing to get some draft information up to the state for their consideration. And I think it's important that we get the feedback today from the public and the board so we can go back and help refine these things so we can get them in the best possible condition to send it to the state for their consideration. COMMISSIONER CONSTANTINE: Just a couple of comments. One, I'd hardly say we're in hell right now. Maybe we get, as we see some of the development, a glimpse of purgatory, but you've got to drive 90 minutes to the east to get a real look at hell. CHAIRWOMAN MAC'KIE: Highway to hell, that's a song we know. COMMISSIONER CONSTANTINE: I think that what you described at the very beginning is a laudable goal, and that is to preserve those natural areas and put your focus on that, rather than trying to recreate something that isn't there. I don't want to penalize someone who isn't having any impact on the environment, anyway. If it's a flat farm field with nothing there, then I don't think we should be penalizing someone for making use for that and perhaps recreating, as Page 26 May 11, 1999 you were saying, some of the flow ways, actually doing some good there. I don't want to go too far in penalizing them. My question on the ratio, can you tell me where we came up with the one and one-half number? MR. ARNOLD: I think as Bill said, the two-to-one seemed a bit onerous. The one and a half seemed doable on a project site where you're recreating, and it was also seen as an incentive not to go ahead and impact vegetation that you might not absolutely have to to make your project work. We looked at examples of access, for instance. If you had a site that your vegetation was all cjustered toward, your road frontage, for instance, having to go through that natural area would impact some of it. It's probably going to be easy enough to recreate that small portion on-site, but the 15 percent essentially, or the range is anywhere from, I would say, the five to 15 percent that you might have to recreate on-site to make up the difference between the 40/30 or the 25. And it seemed doable. That was suggested by Tim Durham, who I think is here also registered to speak. And I have a feeling that that relates to some other agency requirement as well. COMMISSIONER CONSTANTINE: A couple of the other items. I think the less than 100,000 gallons per day, that's just a commonsense item, it seems. And so I agree with you there. And on the no private NRPA's, while I don't like the idea of waiting three years to do our study, I do agree completely that those need to be reevaluated. The way they've been laid out isn't going to work at all. MR. ARNOLD: And I think -- I'm not sure that Bill mentioned it, but in the public NRPA areas that do exist out there, the standards for cjustering are going to be applicable to the privately held properties until they become under public ownership. That's another level of protection that we have to try to place on these properties so that you can't be -- I guess can't be accused of not providing some level of protection that isn't otherwise there today. COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: Mr. Arnold, just to clarify, the naturally functioning native vegetation percentages, if we had a site that was 100 percent naturally functioning, then as I read this, 30 percent would be the controlling number? MR. ARNOLD: That's correct. COMMISSIONER NORRIS: All right. I think that clears that up. I just want to make sure that's what I was reading. MR. ARNOLD: Again, if there are any other questions as we go along, I'd be happy to come back and try to address those. CHAIRWOMAN MAC'KIE: I have some. I have -- one, I was actually trying to see if anybody had a satellite photo of the county with them. Anybody bring one? Bob's going to go try to find one in the county manager's office. But all of this -- it's hard to say this without a picture. And I'm going to get one before this hearing is over. But I want you guys to think about that, all of this talk about preserving -- that the focus is on retaining the best of the best on your site, preserving the natural area on your site, has completely lost sight of the fact -- oh, that's great. Okay. Point -- I'm going to have to come point to it. This area -- let's see, this area here. Somebody tell me, am I Page27 May 11, 1999 pointing to something that's in the rural fringe? MR. LORENZ: Yes. CHAIRWOMAN MAC'KIE: Okay. And the reason that it's pink is because it's a completely nuked site for agriculture. This huge area here, bigger than the City of Naples, is where I think we're going to see the next push for real urban expansion in this county. This area, as you can see from this map, doesn't have any natural vegetation to preserve on-site. If we don't do some restoration in this area, this is meaningless. All this talk we're talking about here is going to be meaningless if we don't go for restoration and some significant preservation and restoration in this area, because it is currently blank farm fields. And look at what's below it, look at what's above it. We have the Belle Meade area above, we have Ten Thousand Islands, and all -- significant environmental resources below. If you ask me, this is property that should be restored, that should be in the acquisition, but it's not. But surely as a county commission we are not going to allow a pocket of City of Naples -~ larger than the City of Naples development right in here and pretend to ourselves that we are requiring preservation of natural space when there isn't any to preserve. There's nothing there to preserve. That's the next big push. You know, we've more or less lost this area up here on Immokalee Road where TwinEagles started. And all the way out to Orange Tree there's a lot going the wrong direction, but it's a done deal. But down here in this portion of the county, that's where the next push is going to be for development. So don't -- if you have an interest in having the property outside of the urban boundary look different and function different from property inside the urban boundary, focus on something other than preservation of existing vegetation, because there's not any. We're going to have to have restoration, or it's going to be meaningless. COMMISSIONER CONSTANTINE: Well, I think there are two things we need to respond to there: One is the suggestion that -- and I don't want anybody to misinterpret what you said, that this is an area bigger and we could have an area bigger than the City of Naples, because the intensity can't even come within one-fifth of what it is in the City of Naples. The City of Naples is an older area, very intense and dense use, home after home after home after home, and -- CHAIRWOMAN MAC'KIE: But the geography. COMMISSIONER CONSTANTINE: If I can answer. That won't be recreated there under any circumstance. Secondly, if you go back behind the gates and actually tour the properties on Immokalee Road that you just mentioned, they don't even remotely resemble the urban area. And I think when you look at the densities, even if something is to happen here, you're not going to -- geographically, sure. I mean, you know, you can say geographically we're bigger than Rhode Island, but that doesn't really mean anything. You're comparing apples and oranges. I think -- I understand your point. I don't -- well, I think maybe I understand. But I don't understand why if all the property above that and all the property below that was essential to preserving the future, why that magically escaped that portion of it. However, the reality is it's there, it's clear, and if someone wants to utilize their own property, I'm a little uncomfortable telling them they're going to be penalized because it is not a natural area and they're Page 28 May 11, 1999 going to have to try to recreate something that existed 50 years ago. CHAIRWOMAN MAC'KIE: And that's why the question here is not -- and I appreciate your clarifying. In my zealousness, I talk about the City of Naples. I'm not suggesting that this is an area that could ever have the density or intensity of the City of Naples. I'm pointing out to you that geographically it's larger than the City of Naples. COMMISSIONER CONSTANTINE: You're not suggesting the City of Naples is hell neither, right? CHAIRWOMAN MAC'KIE: Absolutely not. It's as close to heaven -- if we could do a nice little grid with -- anyway, let's move on. COMMISSIONER CARTER: I'd like an answer to Commissioner Mac'Kie's question in terms of how this affects us, this corridor, in terms of sheet flow, in terms of all the environmental issues that we're dealing with. CHAIRWOMAN MAC'KIE: And while that's coming forward, what I want to be sure that I've made my point here, is that all I am suggesting is that on that little pink section of land there, shouldn't we at least make the standards as proactive toward the environment as TwinEagles? Or should we, in fact, make the standards less than TwinEagles? Shouldn't TwinEagles at least be the standard for what's going to happen there? And if so, you've got to go back to looking at the settlement agreement standards in most of these areas. Okay, who else has something to say? COMMISSIONER BERRY: I just have a comment in regard to the TwinEagles. If you want to compare it to TwinEagles, then we should have kept TwinEagles under the original PUD, which would have been a whole lot better than under the current scenario -- CHAIRWOMAN MAC'KIE: Absolutely, so -- COMMISSIONER BERRY -- okay? So I don't think -- COMMISSIONER CONSTANTINE: Which ironically -- COMMISSIONER BERRY: -- you can compare. COMMISSIONER CONSTANTINE: -- the environmental community -- COMMISSIONER BERRY: Absolutely. COMMISSIONER CONSTANTINE: -- fought against. COMMISSIONER BERRY: And that's what I don't understand about this. And that's what -- Pam, I understand what you're trying to achieve and you and I have both been on the trip ~- CHAIRWOMAN MAC'KIE: We have. COMMISSIONER BERRY: -- in terms of the water shed and all those kinds of things. And I agree with that instance of it. But when you talk about going back in to do something and to recreate this area, if you let some of this area -- I frankly don't understand, and it's just my lack of understanding, obviously. I don't know how you go back in and create something that's not there now. You can't go back in and put the pine trees. I would venture to say if nobody touched that field for the next 10 years, you'd have the greatest crop of sand spurs and numerous other things that most people wouldn't care to inhabit that particular area. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER BERRY: But to call that a desirous natural area -- which is what most of this area was down here. It certainly wasn't the beauty that we see many years ago. What has been created down here, quote, beautiful, is what man has created in many cases. If you think all the gorgeous trees that are blooming in Naples right now were here when all the people arrived on the beach back 30 or 40 -- Page 29 May 11, 1999 well, 40 or 50 years ago, totally wrong. They've all been put there. It was a sand spur hill for the most part. It wasn't pretty. And what has happened, we've made it pretty and we've made it desirous. But I don't understand how you go back on a bare piece of property right now unless -- and I need to know that. How do you restore it? What can you do? CHAIRWOMAN MAC'KIE: And I'm just going to stop, because we've got two questions here for staff. But what I am proposing is that those good standards in the TwinEagles PUD that we wish what could have kept -- COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: -- be what is imposed in this rural fringe area. COMMISSIONER BERRY: I think it's difficult to impose it in the percentage aspect of it. I think you can encourage the cjustering. I think that's -- I think that's what we should consider doing. But to say -- to go in there and just say that you have to do X, Y, Z, I don't know. I -- and again, looking at this piece of property, I'm not sure that it applies. COMMISSIONER CONSTANTINE: I think one of the things we recognized when we appointed this group is that one size doesn't fit all. And that's why we appointed this group. So I've got to take into consideration the work they've done. And I can't agree that, well, you know, a year ago we talked about a great idea for TwinEagles. And it was a great idea for that program. But I've got to take into account -- and I don't agree 100 percent with everything they have here, but I agree with the vast majority of what they've put down. We've got a lot of people put in a lot of hours who have some tremendous expertise in this. And people like Wayne, there are few people I respect more as far as understanding the issues. CHAIRWOMAN MAC'KIE: And Commissioner Carter I think had asked if -- I guess, Mr. Lorenz you're the person who could answer the question about is this a significant area between Belle Meade and Ten Thousand Islands as far as environmental flow ways, restoration, and then maybe you could also tell Commissioner Berry and others what restoration possibilities exist. MR. LORENZ: Well, it is a significant area with regard to -- if you look at the flow ways from the hydrologic standpoint south into the Rookery Bay areas. In terms of listed species concerns, I think that if we pull out the maps for listed species, you're not going to see a lot of listed species in this particular area. So relatively speaking, it's less than important for a listed species concern than it would be the northern portions of the rural fringe area or just north of the Parkway. The second question was as to whether -- what we could do in terms of recreation. Of course, wetlands mitigation, there are -- you can create wetlands when you put in the stormwater management systems, the lake systems. We're saying that as natural areas you should get credit for the littoral zones, rather than just dig the lake and not have much of a littoral zone, which is the shelf that maybe is less than four feet deep. You could create much more shelves in those area, which would then have the ability to grow wetlands vegetation. Those would be considered as natural areas under the definition. Page 30 May 11, 1999 COMMISSIONER CONSTANTINE: One of the things we've talked about several times, though, is trying to benefit the overall system rather than just having something done for the sake of doing it. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CONSTANTINE: And so -- and that's my concern here. If something is a barren farm field, has been that way for 40 or 50 years, the chances of it having value to the system, if we just randomly pick a small portion of it and say okay, you've got to take that back the way it was in 1940, really is minimal. And that seems like we're forcing someone -- we're penalizing someone that isn't -- for a reason that isn't going to benefit the system. CHAIRWOMAN MAC'KIE: Did you have something, Commissioner? COMMISSIONER NORRIS: Well, I -- just the two quick comments that come to mind are, first of all, concerning this particular area, if it's rural fringe, it's going to be one to five at the maximum, so that -- you know, it guarantees you it's going to be very, very low density. If it is developed, as I read these recommendations, they're going to have to probably restore to 25 percent minimum if they cjuster. And so since these are, for the most part, ditched and diked farm fields, whatever they do down there, if someone does go in to develop is going to be far better environmentally than what's out there now. And the logic of putting extra penalties on these people for improving environmentally their land, I just fail to see. CHAIRWOMAN MAC'KIE: Let's hear from Mr. Arnold, and then our court reporter I know is going to need a 15-minute break. We'll come back for public comment after that. MR. ARNOLD: If I might just make one brief comment. I think Commissioner Norris summarized a lot of the committee's thinking when we dealt with the standard. And I think you don't have the benefit of some of the actual language we worked on, but we wrote a criteria where the percentage of naturally functioning native vegetation was initially less than our otherwise preservation requirement that you have. You have to retain any existing native vegetation you have on that site and supplement that vegetation with all native vegetation up to your 25 percent as part of your otherwise required landscaping buffers, et cetera that you're doing on the project. And our thinking here is we don't want to create a disincentive for somebody to take and development the farm field first. That should be the first order for somebody to go in and purchase that land to develop it, rather than a site that may be 80 percent natural. We'd like to create a disincentive for somebody to buy the vegetated site because now we've imposed this one and a half to one ratio on their site. And we created the incentive to go buy the ag. field development first and create what we can out of it. CHAIRWOMAN MAC'KIE: Okay, so let's take a 10-minute break. We'll be back at a quarter till. (Recess.) CHAIRWOMAN MAC'KIE: We'll call the meeting of the Board of County Commissioners back to order. We're on Item 8(A)(1). Unless there are comments from other members of the board at this time, we'll go to public comment. Or had staff completed their presentation, Bob? MR. MULHERE: No, ma'am. I have a couple of other issues that I do need to discuss with you. For the record, Bob MUlhere, Planning Services Director. Page 31 May 11, 1999 The first issue is regarding the urban density reduction that the board directed. I would request formal direction from the board to include that urban density reduction in the remedial amendments that we will ultimately prepare for the DCA. We've discussed at the workshop the benefits of that. And the county attorney has confirmed that that would limit points of entry, should anyone wish to challenge that. The staff has prepared those amendments, and we would like to submit those also as part of the settlement agreement. COMMISSIONER CARTER: Do you need direction from us, Bob, to do that? MR. MULHERE: I think we do, yes, formal direction. COMMISSIONER CARTER: Well, I would move we give staff that direction. CHAIRWOMAN MAC'KIE: Is there -- COMMISSIONER NORRIS: Explain the directions, briefly. MR. MULHERE: Yes, I can explain. We have two options. We can do a separate amendment for the urban density reduction, remember bringing the base density from four down to two, and then developing a process tied to performance -- development performance standards, travel demand management, to increase that density back up to three. And then the board directed staff to work with the consultants to develop an interim process to allow property owners to get back from three to four. What we are proposing to submit to the DCA is a general statement on that three to four that says we will develop either additional development performance standards or through a process of acquiring conservation or agricultural easements a process in which a property owner may be able to reacquire the additional dwelling units to bring them up to four. We would like to include those urban density reductions that the board directed us to develop comprehensive plan amendments for in the proposal that we will make to the DCA, to include them in the remedial amendments. We can do that as a separate process. The separate process would be a completely different comprehensive plan amendment and would take a little bit longer, not substantially longer, than the process of including them in the remedial amendments. Really, the benefit of including them is that there would then be limited points of entry for anyone who wishes to challenge the urban density reduction. They would have to challenge that in circuit court. COMMISSIONER BERRY: Then let's include it. If it limits the ability to enter into some kind of a challenge, then I think we ought to do it. MR. MULHERE: Okay. And again, I apologize if I misunderstood. I would think the motion we would be looking for would be to include the urban density reduction amendments as part of the remedial amendments that we will submit after the administration commission has provided us with their direction. We will include them in the packet that we send to the Department of Community Affairs. CHAIRWOMAN MAC'KIE: Then why do we need to decide that today? MR. MULHERE: We want to send that -- we just want to send that up to the DCA for their consideration so that it becomes part of our submittal package to them. CHAIRWOMAN MAC'KIE: I'd just go ahead and say, you know, I've grown less enthusiastic about the urban density reduction. I don't Page 32 May 11, 1999 think it's terribly meaningful to eliminate to bring those -- that density down from four to two. I think it's more political than it is meaningful. I don't necessarily oppose it, but I have heard from people who have said -- you know, who have identified pieces of property that are going to be particularly difficult to development. I want to encourage development inside the urban boundary and discourage development outside the urban boundary. So I'm not going to second this or, frankly, get excited about it today and wish that it could be rolled into the whole package, for my vote, when we look at it as a whole. COMMISSIONER BERRY: Madam Chairman, I think it's interesting, I just had an article come across my desk from some magazine, I think Planning Magazine or whatever, and they're now encouraging raising density in the urban areas, looking at that as a way to better provide services and do those kinds of things. So it's an encouragement of higher urban densities. And like you say, less outside the urban area. We're kind of doing it the other way. And I kind of agree with the politicalness of it. COMMISSIONER NORRIS: Well, I don't know, I think we're trying to reduce densities inside the urban area and outside the urban area. So I'll second the motion. MR. MULHERE: May I just make a comment? CHAIRWOMAN MAC'KIE: Sure. MR. MULHERE: There is an opportunity in what the board recommended at the workshop, the urban density reduction for a property owner through performance standards to reacquire that other based density. And I think from the staff's perspective, adhering to those performance standards and requiring those performance standards will result in better development than making those items incentive based or -- CHAIRWOMAN MAC'KIE: And that's why what I would support is maybe reduce density from four to three, maybe leave it at four, but that those traffic incentives that you have now, to get back your third unit, be requirements for development, and the density be able to be increased inside the urban boundary in places where traffic is appropriate for increase. But there's a motion and a -- COMMISSIONER NORRIS: I think you're probably going to be singing alone -- CHAIRWOMAN MAC'KIE: I think I might. COMMISSIONER CARTER: Because I support staff recommendation. I think it's a part of the total process that we're trying to do. And I believe that this may help in our overall picture of trying to reach an agreement with DCA. CHAIRWOMAN MAC'KIE: Okay, there's a motion and second on the floor. All in favor, say aye. Opposed, aye. CHAIRWOMAN MAC'KIE: Passes 4 to 1 -- COMMISSIONER NORRIS: 3 to 1. CHAIRWOMAN MAC'KIE: 3 to 1, excuse me. Commissioner Constantine's not here. MR. MULHERE: The second issue that I need to discuss with you is I want to provide you with a policy that Mr. Varnadoe has prepared, as was requested by the board, regarding the rural lands. And I have a copy of that here which I'll distribute to you. And I do want to Page 33 May 11, 1999 obtain endorsement of that interim policy. I'll let you know that the staff has reviewed it, and we think that it is not only acceptable, but has been developed comprehensively and will be, we hope, accepted by the DCA and the administration commission. So I want to hand that out to you. CHAIRWOMAN MAC'KIE: Give us a little time to look at this before you ask us to vote on it. COMMISSIONER CONSTANTINE: This really wasn't on the agenda item. CHAIRWOMAN MAC'KIE: I didn't think so. Bob, can I ask, is there any reason why this can't be for our information today and we don't have to adopt it? I mean, this is so important, I don't want to vote on this today. MR. MULHERE: I understand that. I think the staff is -- and the reason we're bringing it to your attention is that we really need to prepare a packet to get to the DCA by the 21st of May. This really needs to be included. CHAIRWOMAN MAC'KIE: Of course. MR. MULHERE: And we don't have an opportunity to meet with you again before that time. We just received this on the 6th. We've really just had an opportunity to review it. I recognize it's a short period of time. We'll certainly do whatever is the pleasure of the board. But I did want to provide you an opportunity. It is related to this committee's work because it's part of what we need to send to the DCA in terms of our response to their findings of noncompliance. COMMISSIONER CONSTANTINE: I have two problems with it. MR. MULHERE: I can summarize it, if you wish. COMMISSIONER CONSTANTINE: I have two problems. One, I hesitate to read something and have to vote on it 60 seconds later. But also, it's not the agenda item. When we talked about the growth issues, we had three distinct areas: One was the urban area, one was the rural fringe, and we appointed this ad hoc committee specifically for the rural fringe. And the third was the eastern portion. There are a number of people who are concerned about that eastern portion. It's not advertised that we're going to take any stand on anything to do with that today. And I know -- CHAIRWOMAN MAC'KIE: And we just voted on the urban -- COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE -- which is troubling to me. MR. MULHERE: Well, I understand. I just wanted to make you aware of the position that staff is in. I think that we -- we're in a difficult position. If we submit something to the DCA without the board reviewing it and considering it, we may have problems there. If we do not submit it, we are certainly going to have a challenge from the DCA, because we will not be addressing their concerns in the rural area even on an interim basis. CHAIRWOMAN MAC'KIE: At the risk of getting, you know, hit with a bat by my fellow commissioners, this may be something that warrants a special meeting. COMMISSIONER CONSTANTINE: Well, what should have happened at the very least is that it be an add-on item and this stuff should have '- you said you got this last on the 6th. There have been five days in which I could have been looking at it. Just if we haven't seen it, obviously no one in the public has seen it. And this is a huge issue. This is as big of an issue as we've ever dealt with since I've been Page 34 May 11, 1999 on the board. And so to be handed out -- I don't know where it was the last five days. I don't know why we didn't get it in advance. I don't know why it wasn't placed on the agenda as an add-on item. But it isn't -- I'm not going to support it. I don't support the direction anyway, but I'm not going to support it because the process is terribly flawed. MR. MULHERE: And I apologize. I think that the staff considered that this was related to that subcommittee's work because they were looking at all of the issues for the remedial amendments. And that's why we thought we could address this part of this staff's report on that committee's work. CHAIRWOMAN MAC'KIE: Well, I'm going to ask that we hold this for now, and maybe by the end of all of our public speakers -- well, I was going to say maybe we'll decide whether or not we would have a short special meeting on -- before the transmittal. Because the transmittal goes May 21st. We've got 10 days. We're going to make recommendations today to go back to the committee on the rural fringe. Hopefully they will incorporate some of those. And then we need to see it one more time. MR. MULHERE: Yes. CHAIRWOMAN MAC'KIE: So it would seem to me that it's going to be difficult to avoid having a meeting, for example, on the 18th on this subject, a week from today, so that we can have one last look at all of it before it goes. COMMISSIONER CARTER: Well, Madam Chair, we may need to have a special meeting or we've got a couple of Town Hall meetings coming up where we may be able to carve some time out to go over this. COMMISSIONER CONSTANTINE: That's a good point. We've got one on the 20th. COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: We've got one this Thursday. COMMISSIONER CONSTANTINE: There's a couple members going to miss that one, including myself. COMMISSIONER BERRY: And then you've got one next Thursday as well. CHAIRWOMAN MAC'KIE: That would be too late, right? MR. MULHERE: It would be -- CHAIRWOMAN MAC'KIE: Unless we do it this Thursday, which is too soon because the committees won't have a chance to respond. We can't do it at the Golden Gate community meeting, because it's too late. COMMISSIONER CONSTANTINE: Why is it too late? CHAIRWOMAN MAC'KIE: Isn't it the 20th? COMMISSIONER CONSTANTINE: The 21st. MR. MULHERE: It is the 20th. CHAIRWOMAN MAC'KIE: The meeting's the 20th. The 21st it's got to be there. MR. MULHERE: Marjorie, do you want to go ahead? MS. STUDENT: The deadline, I believe, for the department to get their information to the administration commission is the 21st, and that's their deadline. So it would be helpful. When I met with David Jordan, he said, you know, the week of the 17th, it really -- yeah, the 17th, they would be getting things together and, you know, that was really -- they'd prefer to have it sooner than later. COMMISSIONER CONSTANTINE: There's a couple of different options Page 35 May 11, 1999 here. One, there is same day courier service from this end of the state to the other end of the state. There's also fax machines. So if we approved it on the 20th, they could still have it in plenty of time for their meeting on the 21st. CHAIRWOMAN MAC'KIE: Keeping in mind, though, that we are seeking the joint endorsement of the DCA staff, that if we send them -- you know, we seek to go to the Governor and Cabinet locked arms. If we send them on the day of the deadline a fax, you know, they're going to have the reaction that we're having today, how can they include it in their staff report, how can they make reasonable recommendations to their bosses, et cetera? I think that is just reasonable, hopefully just to have a couple hour long meeting a week from today. I mean, this is the most important thing we've done since I've been on the board. COMMISSIONER CARTER: I have no problem with that, Commissioner, whenever you -- CHAIRWOMAN MAC'KIE: That's two. Are there three? COMMISSIONER CONSTANTINE: No, I don't have any problem dealing with it. It just could have been avoided '- CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: -- had it been placed on the agenda properly. And it's a gross improduct -- it's just not productive. CHAIRWOMAN MAC'KIE: But for the purpose -- does the board agree, then, that for the purpose of this rural policy and to hear the response from the committee after today's discussion, we'll meet 9:00 a week from today right here? COMMISSIONER BERRY: Whatever. CHAIRWOMAN MAC'KIE: I'm going to call such a meeting. COMMISSIONER CARTER: Okay. You're the Chair. CHAIRWOMAN MAC'KIE: Hopefully everybody will show up. Okay. MR. MULHERE: Thank you. CHAIRWOMAN MAC'KIE: And now, public speakers. So on the issue of the rural policy that we've just been offered, I would hope that the speakers would wait and speak to us a week from today. Then today we can only concentrate on the rural fringe. COMMISSIONER CONSTANTINE: On the advertised -- CHAIRWOMAN MAC'KIE: You know, the advertised agenda item. MR. FERNANDEZ: First two speakers, Madam Chairman, are Tim Hancock and David Guggenheim. COMMISSIONER HANCOCK: Good morning, Madam Chairman, Commissioners. For the record, my name is Tim Hancock, and I was appointed as a member of your, as we call it, the cjustering committee. One of the things -- or the main thing I wanted to address with you today is we've talked about the standards that have been proposed by the committee. And if you take any standard by itself and compare it to another standard, one will win, one will fail. But it's how the standards work together and what they accomplish together in the real world which should be our consideration here today. Hopefully is yours. There's no question in my mind that if you look strictly from an environmental standpoint, what The Conservancy first proposed for the TwinEagles development and for the rural fringe from strictly an environmental standpoint is a better plan. However, what it fails to recognize is that not every property owner has 1,300 acres. Not every property owner wishes to build only two golf courses which consume Page 36 May 11, 1999 less than 200 acres of turf grass on 1,300 acres. It fails to recognize that the person who has 200 or 250 acres before this all started could build a golf course and a handful of homes. That person, should this commission approve standards that disallow that or require off-site mitigation in order to reach that minimum level of development that they were allowed prior to these standards, may very well have cause for legal action. That's not enough reason to back off of what The Conservancy has proposed, but I think it is a real-world recognition of the problems we will face unless we apply these standards to properties that exist. If you'll bear with me, I have three such examples of how these standards will apply, if they're approved as presented by the committee here today. Boiling it down to kind of the smallest parcel that this really has in the application to would be about 250 acres. If you have less than 200 acres, typically in this area the ability, after the jurisdictional agencies have reviewed the wetland determinations on-site, to even build a golf course is very limited. So quite frankly, if you have less than 250 acres and you're trying to build a golf course community, you're probably not in good standing anyway. So I used a minimum project size of 250 acres. Assuming that site has 100 percent naturally functioning native vegetation, here's how the standards that are proposed would then apply: 40 percent of that site, because it's 100 percent natural vegetation, would be the mark. That 40 percent is 100 acres. They must save 40 percent of their vegetation, up to 30 percent of their total site. So in this case, because the entire site is native vegetation, that 30 percent is what must be set aside. So in this case, one-third -- nearly one-third of the entire property, because it was 100 percent natural vegetation, set aside, untouched, unaffected; the property owner can move on and develop the balance of their property. Okay? The property owner still has two options for that 30 percent set-aside, which is 75 acres; that 30 percent set-aside can be affected. Since again the next standard is that no less than 25 percent of their site must be natural areas, that particular property owner has about five percent of their site that is flexible. And the way the rules apply to that five percent is that the property owner has two options. And again, by five percent, what we're actually talking about is 12 and a half acres. Of that 30 percent set-aside, the 75 acres, the property owner has 12 and a half of those that they can mitigate for. In other words, they can impact an additional 12 and a half of those acres. But the ratio of mitigation for that impact is 1.5-to-one, okay? So they must either on-site create 18.75 acres of natural area, or purchase 18.75 off-site. In the end, that property owner has 25 percent of their original site set aside untouched, and either 18.75 percent recreated on-site in a natural area or bought off-site. That is the real-world application of the standards that were proposed to you today for a site that is 100 percent vegetative. So in the end, 25 percent minimum of that land cannot be touched and 18.75 acres, or another five percent, either has to be recreated -- I'm sorry, one and a half times that five percent has to be recreated on-site or off-site. These numbers are confusing. They are difficult. And the reason Page 37 May 11, 1999 that they were adopted, the reason there is tiering, is because again, depending the amount of vegetation you have to start off with, the standards just change everything. So we had to kind of assume all scenarios. One that is fully forested and one that is nuked, I believe is the term. I'll be pleased to sit down, if that's my call, so -- that is 100 percent vegetated. Obviously, the standards go down as they go down. CHAIRWOMAN MAC'KIE: Questions? COMMISSIONER CARTER: Tim, as we have tried -- and I hear all the numbers and everything, but I would just encourage this committee to continue to work on the wildlife corridors and make sure that we got the connectors and make sure that this all flows so that we don't get lost in percentages and end up not doing the job that we need to do to protect the environment. So -- COMMISSIONER HANCOCK: Commissioner Carter, the one thing that I propose to the committee is that when we're looking at these standards, what The Conservancy originally proposed would allow someone to impact 100 percent of their site and purchase off-site to make up for that. I'm not so sure that if you imagine you're in an airplane flying over this area we call the rural fringe, you want to see wall-to-wall development, regardless of how much CREW land is bought, regardless of how much is bought somewhere else in the county. Commissioner Mac'Kie, you mentioned that area to the south part of the county? If you want wall-to-wall development, then allow them to mitigate for 100 percent of their impacts. CHAIRWOMAN MAC'KIE: Don't want to. COMMISSIONER HANCOCK: Which is what this committee said we don't want to do, because you do want to see native vegetation either retained or recreated on-site to do exactly what Commissioner Carter has indicated. There should be fingers of native vegetation that connect from one property to another that provide corridors. The language and what is proposed makes that a priority but does not mandate. I think that language could be a little bit stronger without mandating it, because there are -- there's always something you've not considered. But we can place a priority on those corridors more so. And I think that makes a lot more sense than giving the bugs and bunnies a home up in CREW but tell them they have no place in the rural fringe. COMMISSIONER CARTER: Well, I would encourage you to make it as strong as possible so the bugs and bunnies can trample where they want. COMMISSIONER HANCOCK: Thank you. MR. FERNANDEZ: Next speaker is David Guggenheim and then Nancy Payton. COMMISSIONER NORRIS: How many speakers do we have, Mr. Fernandez? MR. FERNANDEZ: We have about seven. MR. GUGGENHEIM: Good morning, Chairwoman Mac'Kie, Commissioners. For the record, David Guggenheim, president and CEO of The Conservancy of Southwest Florida. I speak to you on behalf of our 5,500 member families and nearly 700 volunteers. I first want to thank you, especially Commissioner Carter and the rest of you, for appointing me to the ad hoc committee. I think that was the right decision. And I regret that I found the situation unworkable, but I do want to express my respect to you for making that decision, as well as my respect for my fellow committee members. Page 38 May 11, 1999 I do also want to say that a representative of The Conservancy has been present at every meeting as a member of the participating public. Over the past two years we have proudly worked with each of you and your staff on developing the TwinEagles criteria. When we originally offered our support for the concept of aPUD outside the urban boundary, it was predicated on seeing those criteria become part of the comp. plan. TwinEagles proved that you can do it. You can preserve, you can cjuster, you can even restore. And I know there's been some confusion about restoration, but restoration is what we're doing all over the Everglades ecosystem right now. And yes, we take farm fields. And the secret is simply getting the hydrology right. When you get the hydrology right, the native vegetation will come back as long as you keep the exotics off. So restoration was part of this. And TwinEagles, I think, proved that this is something that you can do. But I also want to say that the Twin Eagles that was built today is not the TwinEagles that we approved then. It's a far cry, in fact. Today I want to clarify a point, and that I believe is a point that misleadingly claims that the ad hoc criteria, the criteria that have emerged from the committee, are in fact more stringent than The Conservancy's criteria. Because The Conservancy's criteria will in fact allow for the destruction of the entire site versus a restriction of about 30 percent. On the visualizer, you'll see a diagram, which on the left-hand side shows a 1,000-acre site. It is 100 percent native vegetation. It's a natural area. And you see that following the guidelines of the ad hoc committee, 30 percent or 300 acres are retained in their natural state. They are preserved on-site. On the right you see that, yes, 100 percent of the site has been impacted. But because of the two-to-one ratio -, and incidentally, that two-to-one came as an incentive not to impact on-site vegetation. It also represents the lower bounds of the South Florida Water Management District's mitigation ratios, which go from two-to-one up to 60-to-1. But you see that the net result of that scenario is that The Conservancy TwinEagles criteria preserved 2,000 acres versus 300 acres. So in effect, the recommendation of the ad hoc committee reduces the preserved areas by nearly sevenfold. And I just want to point that out to you, the commissioners, on this. CHAIRWOMAN MAC'KIE: Dr. Guggenheim, this is a scenario on what I keep calling a nuked site; is that right, on a vacant site? MR. GUGGENHEIM: No, this is actually a 100 percent natural site. On a completely nuked site that may be all ag. land, the difference would be a factor of two. The ad hoc committee recommendations would result in approximately 250 acres preserved; whereas, The Conservancy, TwinEagles criteria, would have 500 acres preserved. CHAIRWOMAN MAC'KIE: So on a pristine site, it's a seven-to-one difference? MR. GUGGENHEIM: Approximately. CHAIRWOMAN MAC'KIE: On a totally vacant site, it's approximately two-to-one? MR. GUGGENHEIM: That's correct. CHAIRWOMAN MAC'KIE: Has The Conservancy considered any kinds of Page 39 May 11, 1999 -- any recommendations for flexibility? I mean, what I have heard as a legitimate criticism of this proposal is that one size doesn't fit all. Do you have any thoughts on how there might be some variance procedure or some way to go about getting some changes, if this is an impossible situation for a property owner? Sorry I didn't ask you that ahead of time, but -- MR. GUGGENHEIM: Too late. I think by its nature, a percentage is flexible. It represents a proportion of the total. Certainly if you get below a certain threshold, there may -- it may be more challenging to put in a golf course. But remember, the rough of a golf course counts. As long as it's native vegetation, that would count toward your 50 percent by The Conservancy's criteria and by the ad hoc committee's criteria. You know, what we're looking at with smaller sites is a higher likelihood of going to off-site mitigation. I also want to stress the point that we don't -- it is not as important to us whether you restore on-site versus off-site. That issue was overshadowed by restoration within the entire ecosystem. And I think Mr. Hancock's point is well taken, we certainly wouldn't want a lunar scape out there, and ought to look for ways of reasonable on-site preservation. I have no problem with that. But my point of making this presentation was just to show that in absolute amount in terms of benefits to the ecosystem, that there is a significant difference between what the committee has proposed and what The Conservancy had originally proposed. Thank you. CHAIRWOMAN MAC'KIE: Other questions? COMMISSIONER NORRIS: Just a comment. I mean, I appreciate the graphic that we have here, but what I see in that is the logic of requiring the -- some preservation of some sort, whatever the committee and the county commission finally agrees on, on the site itself. Because, you know, you use the example of the CREW trust here in your graphic. Well, that CREW trust property is going to be preserved one way or another in any case. And if we do it your way, you lose 1,000 acres completely. But if we do it the committee's way, you've at least got 30 percent of that 1,000 acres, plus we're going to have the CREW trust anyway. So -- MR. GUGGENHEIM: Let me clarify that. COMMISSIONER NORRIS: ~- I don't understand your logic again at all. MR. GUGGENHEIM: And I know two years have passed since good 'ol TwinEagles. But the idea is not to simply buy land that is already preserved. The idea for CREW is to augment CREW by acquiring additional land to be added to it. So, in fact, it is a true gain to the ecosystem, versus simply paying for land that is already preserved. COMMISSIONER NORRIS: Well, let's say we have a difference of opinion on that one then. CHAIRWOMAN MAC'KIE: Other questions of Dr. Guggenheim? Thank you. MR. FERNANDEZ: Next speaker, Nancy Payton, and then Mary Dunavan. MS. PAYTON: Good morning. My name is Nancy Payton. I'm a registered lobbyist for the Florida Wildlife Federation and I'm a Southwest Florida field representative. I wanted to make just a few comments on the process and a few comments on what's being discussed today. Page 40 May 11, 1999 I think, commissioners, you need to take off your reading glasses and put on your driving glasses. You have a wrong point of reference, and you need to look at the bigger picture. What you should be responding to and dealing with today is not a refinement or a changing of that March 19th document, it's you need to look at Judge Mehle's recommended order and act from that. And from our perspective as a party in this, that stipulated proposed settlement agreement and Judge Mehle's recommended order don't mesh very well. So I think you're going in the wrong direction instead of the right direction to address Judge Mehle's ruling on 16 different issues, and most of those were environmental. We're interested in seeing wild places protected that support biodiversity. We want to protect wide-ranging species, such as panthers and black bears. We don't want pockets of green space on rural lands, we want wild places. We want connectivity. And wildlife corridors are sort of a buzzword to talk about, Commissioner Carter, but I ask you, how are the wildlife going to get through the gates, around the berms and over the fences to use those corridors? It's fine maybe within the project, but in terms of standing back and looking at the big picture and planning from the big picture, looking at each little site doesn't do it, because of the issue of connectivity and looking at those areas beforehand and then working backwards as to where you might want some sort of development and what type of development. What I see proposed today with the rural fringe and the far eastern proposal is not a protection of the integrity of our rural lands, it is the incremental urbanization of the rest of Collier County. And make no mistake about it, that's what we're talking about. Because when you drive down Immokalee Road and you look at TwinEagles, that's the same type of presentation that you're going to see on Airport Road or Livingston Road or any other road in the urban area. May have a little more green space behind those, those barriers and the berms and the walls and the gates, but we don't see it, so we don't know that we are on rural lands. Commissioner Mac'Kie, one of your motivations was you wanted a distinction. Well, you're not getting it in this plan, and the public is not getting it. And lastly, I wanted to comment on the process and the reason that, Commissioner Mac'Kie, you presented for the extension of 45 days. And one of it was to allow the public to participate. And that isn't happening. This is not an appropriate forum to take public comments. There should be a Town Hall meeting, a special meeting, as was discussed, with advanced notice. And it's unfortunate when this began that there wasn't a schedule set up that said that the rural fringe committee had to complete their process by such and such a date because there are going to be public hearings and such. I think that it's been handled very poorly. And the reason that the extension was given, that the county hasn't acted in good faith. CHAIRWOMAN MAC'KIE: I have to respond to that, because I'm the person who said to Steve Seibert, to please give us time for the public to participate. And frankly, I share your concerns, although I can't say that it's risen to the -- or sunk to the level of bad faith. I think that there has been notice of the committee meetings, and certainly there's been that opportunity to participate. But as evidenced by the fact Page 41 May 11, 1999 that I'm going to call a special meeting a week from today, I agree that we need more public participation. MS. PAYTON: I went to the meeting at 2:00 yesterday. I left at 2:30 because there wasn't a quorum yet. And they're held during the day. Maybe you should be considering meetings at night so that the entire constituency can attend, not just those of us that are paid to be here or have the luxury of having today off. CHAIRWOMAN MAC'KIE: And I share your frustration, too, about not having known what the schedule was. I mean, I got a copy of this letter that Ms. Student referred to and just wondered, you know, how are -- what's the plan for how are we going to meet this May 21st obligation. MS. PAYTON: Well, you should have thought about that when you asked for the 45 deadline -- 45-day deadline, because it was to do certain things. But it's not an issue at this point, but I do bring it up that it needs serious -- please think about how you're going to bring the public into this process and still meet your deadlines. CHAIRWOMAN MAC'KIE: Thanks. COMMISSIONER CONSTANTINE: Can I respond to some of those? CHAIRWOMAN MAC'KIE: Yes. Commissioner Constantine. COMMISSIONER CONSTANTINE: Well, I don't think it's as bad as we make it out. First of all, we did have a full-blown workshop, which is how we came up with that committee and with the other two. We dealt with the urban area, with the urban fringe, and with the eastern. We had a full day on that and dealt only with that, and that was open to the public. Every one of these committee meetings -- and you realize there is a schedule to keep here with the state, and that's not one that we've created. Every one of those committee meetings, as tight as they are, and just a short few weeks, are open to the public. And most importantly, right here, right now, you are at that podium sharing with us. So there is an opportunity for the public to participate. Commissioner Berry has told the story I've heard a couple of times about evening meetings and her days on the school board and when they would have some in the evening in an attempt to get more participation, and you would still get similar participation. And so I think to say that there's no opportunity for the public to participate is misleading and -- MS. PAYTON: I didn't say there was no opportunity, I don't think there's been fair opportunity. COMMISSIONER CONSTANTINE: The other is that you said the future of that land out there, we're dealing with the future of that land, and I couldn't agree with you more. And we're dealing with future development. That's the reason why we're going through this exercise, as everybody on this board and I think everybody in this room recognizes, there's concern about future development in the rural fringe and the rural area, and that's why we are trying to make the rules more restrictive than they are right now. So rather than criticize the process, I think you need to recognize the process is being done because we are concerned about where that future is going. And finally, the suggestion that you acknowledge while there is more green space in those communities but, quote, we don't see it, well, there are 800,000 acres in Collier County forever in preserve, the vast majority of which unless you're flying to the Miami Airport, you will never see either. But it doesn't lessen the importance of Page 42 May 11, 1999 that property. Whether or not -- MS. PAYTON: But if I want to see it, I can see it. COMMISSIONER CONSTANTINE: Ms. Payton, you've had your five minutes. No, you can't get to every part of that 800,000 acres. And so the point is -- CHAIRWOMAN MAC'KIE: Yeah, you can. COMMISSIONER CONSTANTINE: No, you can't. MS. PAYTON: If you want to, you can. CHAIRWOMAN MAC'KIE: You can walk it. MS. PAYTON: There's not a gate, there's not a berm, there's not a wall. CHAIRWOMAN MAC'KIE: Canoe it. COMMISSIONER BERRY: Wait a minute, what about private property? MS. PAYTON: He's talking about -- CHAIRWOMAN MAC'KIE: He just said that -- there's 73 percent in public ownership. COMMISSIONER CONSTANTINE: The 800,000 acres is not all accessible by humans. COMMISSIONER BERRY: You're absolutely right -- COMMISSIONER CONSTANTINE: And any suggestion that it is -- COMMISSIONER BERRY: -- because nine miles of it I know personally -- COMMISSIONER CONSTANTINE: -- is absolutely unfair. COMMISSIONER BERRY: -- is in private ownership. And if they don't want you on there, you're not going to go on there. CHAIRWOMAN MAC'KIE: We're talking apples and oranges now. MS. PAYTON: We're talking about public land. COMMISSIONER NORRIS: Can we move on? COMMISSIONER BERRY: He didn't say public lands. THE COURT REPORTER: Please, I can only get one person talking at a time. COMMISSIONER NORRIS: Can we just move on? CHAIRWOMAN MAC'KIE: Let's move on. COMMISSIONER CONSTANTINE: My point is, just you don't need to be able to see it for it to be valuable. CHAIRWOMAN MAC'KIE: And that's true. Ms. Dunavan, please. MR. FERNANDEZ: Mary Dunavan and then Bruce Anderson. MS. DUNAVAN: My name is Mary Dunavan and I'm speaking for myself. I don't get paid to go to any meetings, I go on my own money. Is it still morning? CHAIRWOMAN MAC'KIE: Yes, ma'am. MS. DUNAVAN: Good morning, Commissioners, Madam Chair. How much more land do we really need? I mean, this is -- to me, all the green is government land. And I'd like to hit on the wilderness a little bit, to the fact that I was raised in the wilderness. Believe me, it's not a pretty place to be raised. As a child, we had to worry about all the animals. We couldn't play out very much. We always had an adult with us. And the animals actually need food. You can't just let that grow up. If you mow, you will have more animals in there eating the mowed grass, because there's nothing on that tall, dry brush for them to eat. Now, what I'm going to say about the meetings that have taken place, I mean no disrespect to anyone, but the U.S. Constitution has Page 43 May 11, 1999 given that each person is a sovereign individual with certain inalienable God-given rights, and the purpose of government is not to dispense rights but to protect them. Government would be the servant, not the master, of the people. Among these rights are life, liberty, and property. Land use is a coercive force of government used to restrict or control the creative energies of men and women. Individual freedom is being lost. Unelected bureaucrats and their environmental organizations are running this county, telling our elected officials what they have to do, and a possible threat of sanctions to hold as hostage. The citizens and the business and the landowners, et cetera, if they really knew what is at stake would never voluntarily choose to surrender their liberties to government. It is a slow drift away from fundamental principles under the banner if you do it this way or you do it that way, we'll let you do it. But you can't do it this or that way with your property, unless you buy your property elsewhere. It's a costly intrusion, and the cost will be passed on to the buyers. Where you can live or not live, build or not build, government interference through its orders, commands, directions, limitation, punishment has done much to restrain rather than advance the world's true prosperity. Encroachment of government above the rights of their own systems. Whatever happened to the free enterprise system? I go to a lot of meetings and wonder if I'm still in the U.S.A. or if I've been zapped to Russia. Now, having said that, has this ad hoc committee been put together as yes persons? They were constantly reminded to follow DCA directions and to come up with what DCA wanted. And in case you did not need this great group, wasting their time, because you could have had the assistant county attorney and your staff put together whatever DCA wanted. Now, last night at their meeting, it was still going on when I had to leave, and they were still discussing ways to penalize landowners, developers on leaving pristine areas untouched. Now, if you fill in part of your land and you leave some pristine or pristine areas, however you want to pronounce it, it's going to be flooded, because you have to build three foot up to develop homes on that land. And so in flooding it six months out of the year, you're going to kill it. Eventually it will die. And on sheet flow, from 75, north of Immokalee Road, clear out to Orange Tree was nothing but sheet flow. I've been here that long, that I knew all that land was sheet flow. We've allowed buildings to take place in all that sheet flow area. Now, why not build canals through some of these areas, and that would help hold the water and give us a little different direction even for animals. They would have the canal areas to use. Thank you very much. MR. FERNANDEZ: Next speaker is Bruce Anderson and then Tim Durham. MR. ANDERSON: Good morning. For the record, my name is Bruce Anderson. I'll be brief. I just wanted to ask you to give your staff direction to remove the NRPA designations from privately owned lands unless and until they become acquired by governmental agencies. Thank you. MR. FERNANDEZ: Next speaker is Tim Durham and then final speaker, Ty Agoston. Page 44 May 11, 1999 MR. DURHAM: Good morning, Commissioners. My name is Tim Durham. I'm with Wilson, Miller, Barton and Peek. I've been active in the wetland and wildlife permitting arena for about the last 16 years in Collier County. I'd quickly like to just point out a few things relative to the draft settlement agreement. I have attended the ad hoc committee meetings. I think they've been conducted in good faith. A lot of effort's gone into those meetings trying to reach a consensus. They make some good recommendations. The problem is in the time frame we're working under, there are a lot of issues that aren't being addressed yet contained in the draft settlement agreement. I've got seven specific areas I'd just like to call briefly to your attention that I think still need to be considered. Not necessarily in order of importance, but trying to be as brief as I can. There's language in there from stormwater discharge rates which takes away all flexibility to adapt to specific situations or detailed scientific studies in some areas. I believe Bruce just mentioned references to NRPA's on private ownership. There's several references throughout different policies in that regard. We also have several absolute statements requiring cjustering throughout the document which obviously need to be cleaned up. Policy 7.1.1, under objective 7.1 contains a language related to listed species. The language in there could be interpreted very subjectively, and I would recommend there be some additional looks made at that. Several of the requirements in there state that management plans for listed wildlife species must be submitted and approved by the county based on guidelines by the state and federal government. For one thing, most of those species management plans are negotiated with the U.S. Fish and Wildlife Service through the Corps permitting process, or through Florida Game and Fresh Water Fish Commission through the South Florida Water Management District permitting process. To require staff to review and approve management plans based on guidelines is placing a large burden on county staff in an area which is frankly difficult to do. Guidelines for species are met as that, guidelines. They're not permit criteria. A lot of these things are a case-by-case basis. And again, Policy 7.1.1 places a lot of burden on the county, which is duplicative of the state and federal permit process. I don't believe that's really the intention that the commission is after. And finally, there's prohibitions against marinas, either new or expansion of existing, beyond certain criteria of 18 slips for 100 linear feet of shoreline. In just looking at the future for Collier County, there may be times when existing marina facilities, you may want to expand those to meet public demand. This would create a prohibition against that. A lot of environmental studies encourage expansion of new -- existing facilities over creating new. And again, I'm trying to not go too deeply into these, but merely highlight that these areas that need a little bit more review before this thing is settled. I recommend the board consider that and include that in some of the discussion, or possibly the ad hoc committee work to come up with some recommended changes in those regards. Thank you. Page 45 May 11, 1999 COMMISSIONER BERRY: I have a question, Mr. Durham. MR. DURHAM: Yes. COMMISSIONER BERRY: Mr. Durham, if I were a developer, which you don't ever have to worry about, but if I were, how long would it take me to wade through all of this to get approval to get a development ready to go or get a site ready to go after all these different things that we're talking about? MR. DURHAM: We typically look 18 months to two years from -- if you came in the door and said I have a piece of property I own, I would like to develop it, between the environmental studies on the site, the listed species surveys, pre-application meetings with regulatory agencies, land planning, applications to the regulatory agencies, application to the county, going through rezone process, perhaps, and state and federal wetlands permit, et cetera, if you have a listed species issues with U.S. Fish and Wildlife Service, that can even extend beyond that. So it's a fairly time intensive -- COMMISSIONER BERRY: I asked that question for a reason. Because I doubt very much that many people understand. I think they think that people come in, apply for a mit (sic), go start tossing dirt around on a site and proceed to try and build a house or build a development or create something. And in fact, it's a very long process that they have probably gone through on -- does this usually apply to most sites? A good bit of development? MR. DURHAM: It's very difficult in Collier County to find a site that does not have either a wetland or listed species issue, or potentially associated with, so yes, that's quite precise. COMMISSIONER BERRY: Thank you very much. MR. FERNANDEZ: Next speaker is Ty Agoston, and then I found Robert Duane in the list. He had put down another number. MR. AGOSTON: Good morning, ladies and gentlemen. My name is Ty Agoston, another one of those unpaid volunteers, and I'm speaking for myself. By the way, congratulations, Mr. Carter, for winning that debate against TAG last Monday. The Naples Daily News have reported on it, so I assume that it's true, although I was present and I know you lost. COMMISSIONER CARTER: It's all how you interpret the numbers, Ty. MR. AGOSTON: Well, you know, I count up to 20 to give them -- I take my shoes off. The fact of the matter is that one of the votes you lost two-to-one. CHAIRWOMAN MAC'KIE: Okay, let's stay on the topic. MR. AGOSTON: But go on the subject. I went to one of these ad hoc meetings. And when the chairman said that all public comments will be reserved to the end of the meeting, I got up and left. I had no reason to waste my time. And I managed to see the video copy of the meeting, and to be honest with you, the composition of the ad hoc committee is not exactly balanced, because with staff and Mr. Hancock pretty much controlling the meeting, not too many other people had a whole lot to say, other than a couple of people who were personally involved and who have made a remark something to the effect that this is nothing but blackmail. Now, whatever that means; again, that is purely in the interpretation. But, you know, where I came from, blackmail means that you do something against your will. Currently, Ms. Dunavan had pointed out to you, and I'm sure you're more than familiar -- as a matter of fact, more familiar than I Page 46 May 11, 1999 am. All this green represents the land that's owned by a variety of governmental agencies, conservation groups and what have you. What the public complains about are the developments that go up barrack like on Vanderbilt extension and elsewhere in the county where they build them one on top of another. And the lady that drives across says oh, my God, they're going to run out -- run the space out of the county. How could they build things one on top of another? I talked to some of them myself. They have no idea what happens in Golden Gate Estates, or let alone further out in what you call the rural fringe. There was a group of commissioners sitting here a number of years ago whose decisions we are paying for now by allowing those developments that are essentially barrack like on Vanderbilt extension. Now we are -- in order to atone for those people's sins, we are penalizing property owners further out with unreasonable requirements, and essentially blackmailing them to contribute their land for public purpose. And that is specifically against the constitution, and being a foreigner like me know that. Today the Naples Daily News, in its editorial, have warned -- or actually sent a warning to Mr. Bush, our Governor, as not to continue the same old, same old. I thought about that, because every time someone doesn't specify what they're saying, I like to interpret it for myself. And to be honest with you, we had a democratic governor for the past eight years who had essentially provided a blueprint toward socialism in sustainable Florida, who has provided for birth to education, and a whole lot of other -- 189 pages of instructions on how to live. I happen to have to read the Communist Manifesto when I was going to school in Hungary. And I hate to tell you, there wasn't a whole lot of difference between that. So I don't know what the Naples Daily News are talking about same old, same old. I hope it's not same old, same old. Let's hope that you worrying about the timing from Mr. Bush's rejection, you wouldn't get it. Thank you. MR. FERNANDEZ: Final speaker is Robert Duane. MR. DUANE: Good morning. For the record, I'm Robert Duane. I'll be very brief in my comments. First of all, I wanted to thank the work of the committee. They had a difficult task and they were very thorough and I thought looked at the ramifications of all of the different proposals that are on the table and of course encourage you to consider the weight of what they set forth today. I was critical of the proposals that were presented on your workshop on March 19th. I thought them to be overly restrictable (sic) and unworkable, and that's in spite of having generally supported well reasoned environmental proposals throughout my career as a member of the Governor's commission for sustainable Florida, Regional Planning Council, chairman of one of your environmental boards, and also a member of your Development Services Advisory Board. I consider myself a moderate. I'm not a developer or environmental extremist, but I believe the proposal that's before you today is well balanced, it's good for our community, it leaves a reasonable use of the property, and I think it got some environmental teeth in it, is what I'm trying to say. And anybody that studies this proposal in any detail I think would draw that conclusion themselves. Therefore, I'd just like to conclude with thanking again the Page 47 May 11, 1999 committee and hoping that you can endorse their work over the next week and when it comes before you next Tuesday. Send it where it's going to go from there, we'll let the chips fall where they may. Thank you very much. COMMISSIONER NORRIS: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER NORRIS: I'll move acceptance of the committee's interim report. CHAIRWOMAN MAC'KIE: Well, we're going to accept -- we could accept the report for today. Are we going to give them any direction or did they just not need to meet again between now and our meeting next Tuesday? Does your motion -- COMMISSIONER NORRIS: I don't know what their schedule is. CHAIRWOMAN MAC'KIE: No, my question is, does your motion -- in my deciding whether or not to vote for your motion, am I just accepting their report or am I approving it and telling them they don't need to make any changes? COMMISSIONER NORRIS: Well, we're just accepting it. That's all we're being asked to do. CHAIRWOMAN MAC'KIE: Are we just going to give them -- COMMISSIONER CONSTANTINE: Is there a second? CHAIRWOMAN MAC'KIE: Not yet. Are we going to give -- COMMISSIONER CONSTANTINE: I'll second it. CHAIRWOMAN MAC'KIE: Are we going to give them any direction about any potential changes to the report, or is the board happy with the report? COMMISSIONER BERRY: Well, I think the one comment made regarding the removing of the private lands from the NRPA, that may be a suggestion that we may want to take a look at. COMMISSIONER CONSTANTINE: Agreed. COMMISSIONER CARTER: Well, it's my understanding, Madam Chair, that they are continuing to work through the process, and that they have more to accomplish. I look at this as an interim report as to where they are and what -- I understand they are going to have a couple more meetings to try to refine some of these issues, particularly the wildlife corridors and this type of thing. CHAIRWOMAN MAC'KIE: Do we need -- COMMISSIONER NORRIS: My sheet here says that there are no private NRPA's. So is that what they've done? CHAIRWOMAN MAC'KIE: You tell me. MR. ARNOLD: Excuse me, I'm sorry, I didn't hear the question. COMMISSIONER NORRIS: Has the committee -- the committee has apparently recommended that there will be no private NRPA's. MR. ARNOLD: That's correct. COMMISSIONER NORRIS: Okay. COMMISSIONER BERRY: Okay. MR. ARNOLD: Just to reinforce, we are continuing to meet, and if you are holding a special meeting next week, we could certainly come back to that meeting with some further refinement concerning the wetland protection measures that we can continue to work on this week. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: Do you think you've gotten direction today from the board if we accept your report? Do you have any direction from us, Wayne, as far as what areas you should continue to work on? MR. ARNOLD: I think we do, and I -- CHAIRWOMAN MAC'KIE: Try to articulate that for me, but because I Page 48 May 11, 1999 don't know. MR. ARNOLD: I think what we're -- what I hear is that I believe there's consensus of the board that we're on the right track in terms of preserving on-site native vegetation rather than looking at this issue globally, as maybe had previously been addressed. I think we need to continue to refine and work on the criteria that are within each of those to make sure that we preserve, connect and connect the wildlife corridors on-site and off-site. I think those measures are still in there, unchanged from the original staff proposed settlement agreement. So we're pretty confident that those measures are there. I think we need to go back and look at the issue of natural resource protection areas and some of the other policies, because we have not spent as much time on those as we need to, because we've spent our time originally on cjustering, thinking that that would be the most easily reconciled issue. But again, we intend to meet Thursday, and we can probably meet again Monday, prior to the Tuesday meeting. CHAIRWOMAN MAC'KIE: Marjorie? MS. STUDENT: Yes. Marjorie Student, Assistant County Attorney. I just want clarification that all of this is with the idea of you coming back at the special meeting of the 18th because of the concern, you know, for these time lines. I just have to say, if we don't get something done, we're going to have to go up there, and it's going to be difficult. CHAIRWOMAN MAC'KIE: Okay. So there's a motion and second on the floor to accept the committee's report. Mr. Cautero, you have something, you look like. MR. CAUTERO: Vince Cautero. Just for the record, to make sure the record is clear. Since the committee is going to be meeting up until the eleventh hour before your meeting on the 18th, we will most likely bring information with us to that meeting. You will receive as much as we can possibly give you in advance, but I wanted the board to be aware of the fact that you will be given information at that meeting, due to their schedule. COMMISSIONER NORRIS: It's probably unavoidable at this point. CHAIRWOMAN MAC'KIE: Okay, there's a motion and a second on the floor to accept the report. I'm going to oppose the motion just for the purpose of making the point that I don't think that the committee has appropriately responded to what I understood their charge to be, and that is to look at the globally -- look globally at these issues with regard to their environmental impacts as opposed to this narrow focus of how many houses do you cjuster and how many trees do you save. It's just not what I had hoped to get from the committee. So, all in favor, please say aye. Opposed? Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Passes 3 to 2. Okay, moving on. Let's see what we can get done before our lunch break. Item #8A2 REPORT TO THE BOARD ON THE TRANSPORTATION ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - CONTINUED Page 49 May 11, 1999 This transportation element report is next. MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes, sir. MR. FERNANDEZ: If I could briefly introduce that one to let you know, this is a follow-up to the strategic planning session that we had with the board where the board asked for periodic updates on our comprehensive plan elements and how we're doing with each of those. The material in your backup is very extensive; however, the staff has planned a very concise, very direct approach in plain English, which is what the direction was by the board. CHAIRWOMAN MAC'KIE: I wonder, I'm so excited about this, frankly. I mean, this is such a positive step for us to be reviewing these policies, and there's so much important information here. I wonder if considering the agenda that we have, if this might be better continued for a couple of weeks. Is there any objection to that? I just want this to be thoroughly discussed. This is probably one of the most important opportunities for policy-making we'll have as a board. And if we're prepared and, you know, we know we're going to be here till midnight, so be it. But I know Commissioner Norris is probably not physically up to that after his surgery. I don't know. Any interest in continuing this item? COMMISSIONER NORRIS: Well, yeah, continue it. That's fine. COMMISSIONER BERRY: It's up to you. COMMISSIONER CARTER: Fine, I don't have a problem continuing it. MR. FERNANDEZ: It's not time sensitive. CHAIRWOMAN MAC'KIE: Because Gavin -- it's not time sensitive. MR. FERNANDEZ: It's not time sensitive. You can continue, if you'd like. COMMISSIONER BERRY: Let's continue it. CHAIRWOMAN MAC'KIE: Let's continue this item, then, it's so important, so we can have a clean or fresher minds to look at it. COMMISSIONER NORRIS: I'll make a motion that we continue Item 8(A)(2). CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) COMMISSIONER CONSTANTINE: I'd particularly like to thank Gavin for spending the morning with us. CHAIRWOMAN MAC'KIE: Sorry, Gavin. COMMISSIONER NORRIS: Lunch hour? Item #8A3 REQUEST BY ATTORNEY JOHN E. SPILLER TO WAIVE LDC REQUIREMENTS FOR A SITE IMPROVEMENT PLAN FOR EXISTING IMPROVEMENTS ON VARIOUS PROPERTIES LOCATED IN IMMOKALEE AND TO AMEND THE LDC TO PROVIDE FOR AN ADMINISTRATIVE EXEMPTION FROM SITE DEVELOPMENT PLAN OR SITE IMPROVEMENT PLAN SUBMITTAL - STAFF RECOMMENDATION UPHELD CHAIRWOMAN MAC'KIE: Real quickly, Attorney Spiller, who is on the -- were you here? I knew you would ask for a time certain. I think this may be a quick one. MR. SPILLER: Yes. Thank you very much for your time this Page 50 May 11, 1999 morning. John Spiller on behalf of Diane Betancourt and Veronica Barnhart, the ladies that are sitting next to me here. Briefly, what I'd like to do before the board this morning is seek your direction to the county staff to hold -- CHAIRWOMAN MAC'KIE: Pardon me just one moment. MS. ARNOLD: Excuse me, for the record, Michelle Arnold. The process is that staff presents the information presented to the board and then the respondent. CHAIRWOMAN MAC'KIE: Okay. Would you mind letting staff go first? MR. SPILLER: If I can be given adequate time. CHAIRWOMAN MAC'KIE: Of course. MR. SPILLER: Sure. CHAIRWOMAN MAC'KIE: But give us the abridged version of this, Michelle. This doesn't look hard to me. MS. ARNOLD: No. For the record, Michelle Arnold, Code Enforcement Director. This has been a request from Attorney Spiller to ask the board to waive the site improvement and site development requirements for his clients in the Immokalee community, as well as approve some sort of administrative approval for staff to look at some of these issues. This -- the two cases or two property owners before you were brought before the Code Enforcement Board and both found in violation and were ordered to obtain a site improvement plan for the improvements that they were obtaining on their properties by the 27th of May, or fines would be imposed. One of the property owners removed three trailers and replaced them with three newer trailers. The other property owner relocated or removed two trailers temporarily and replaced those trailers on the properties. All the work was done without building permits. The latter, which was the Betancourts that moved the two trailers, has a trailer park that has no tie-downs. The trailers exist today without any tie-downs. They're just placed on concrete blocks. And the other two have been tied down sufficiently. The board -- the Code Enforcement Board felt that there was a health safety issue here that we're dealing with, and staff would not recommend approving a waiver of those site improvement or site development procedures, because without that requirement there's no way that we can track what is being placed or moved and the numbers and the densities and intensities in these lots, and it would be a continuation of just moving things without any checks and balances. CHAIRWOMAN MAC'KIE: Commissioner Berry, are you familiar with this particular -- COMMISSIONER BERRY: Yes, I am. CHAIRWOMAN MAC'KIE: I mean, is this a positive or a negative piece of property from a housing perspective? COMMISSIONER BERRY: Well, I think the fact that they have upgraded the housing certainly is a positive side of it. And probably when these trailer parks were initially established, perhaps the guidelines were a little bit different than they are today. I certainly appreciate, you know, from the county's perspective of having a site improvement plan and a site development plan, but in this case -- I wanted to go back and get some information. As you recall, was it land -- Naples Land Yacht Harbor when there was a -- Page 51 May 11, 1999 CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: -- thing brought to our attention where they replaced mobile homes with newer mobile homes? This was -- it's been since I've been on the board. And I wondered why this was different than that situation. I concur that perhaps they should have had some permitting, some proper permits in terms of moving the trailers and those kinds of things. I don't think that that would be out of the question, and perhaps they ought to get those. But in terms of replacing old or dilapidated -- I'm not going to say dilapidated, but say worse conditioned trailers with newer conditioned trailers, I think is certainly an upgrade and we need to somehow recognize this. Now, I don't know how we do this or if there's something we need to change in our code that would allow this. I think that's the kind of thing that I'm looking for. MS. ARNOLD: Just for the record, the Betancourts have obtained a site improvement plan, as directed by the Code Enforcement Board. And I think there may be some issues with the example that you brought up, with -- that it was an individual lot as opposed to what we're dealing with today, that it's an entire trailer park. COMMISSIONER BERRY: Right. MS. ARNOLD: And so individual lots would be looked at differently, and they would only have to come in for a building permit. We also have Bob Mulhere here, of course, to speak to the planning related issues, as well as Greg Mihalic here to speak on the housing issues as they pertain to -- CHAIRWOMAN MAC'KIE: We'll hear from Mr. Spiller next. MR. SPILLER: What I'm seeking from the board is, first of all, a direction to the staff to cease the enforcement of the order becoming effective May 27th while the county staff, in cooperation with the property owners, the employers and the affected residents of Immokalee collectively give the board some advice on what to do about our current housing situation. Let me go back briefly to the history of this case. The Barnharts purchased their trailer court three years ago. The Betancourts purchased theirs in 1982. The parks that they purchased were in the same condition at the time that they purchased them as they are today, except for the three trailers identified on one, two on the other. The enforcement action began upon anonymous complaints of trailers that had been moved off-site. From that the Barnharts were informed by the code enforcement inspector to go down and get permits and everything would be okay. The Barnharts did so. They obtained a vegetation removal permit because they moved one trailer to remove an Australian Pine that was about to damage private property, and on another one they obtained a fill permit in order to place gravel into a low area and stop flooding. They completed that work and then code enforcement showed up a gave them building permit violations, which has resulted in the enforcement action of $250 fine per day. Upon a trailer park that has 10 trailers. The maximum density by the enforcement board testimony from county staff is four, so even if the site improvement plan were paid for by the Barnharts, there could be no approval of it because of Page 52 May 11, 1999 the density. Now, on the Betancourts side, they did obtain, they did have the financial resources and the physical plant to pass site improvement plan approval that cost them $6,000 in engineering costs in order to be told that they ought to put some vegetation, landscaping, out on their front entry. The Betancourts chose to put in mature trees that cost $700, rather than immature trees at a lesser cost. And that's the benefit to the county from that whole process. The safety issues, the health issues that are now being raised were never spoken of at the Code Enforcement Board. Had it been done so, we would have promptly informed the Code Enforcement Board that the County Health Department does its annual inspection of these two trailer parks and has passed them with minor deficiency till they're corrected throughout their history. Safety is not the concern that was put before the board. MS. ARNOLD: And I would have to disagree with that. The Code Enforcement Board did get evidence from staff that identified the purpose of the permitting process is related to the health and safety concerns. CHAIRWOMAN MAC'KIE: Can I just say, Commissioner Berry, in my district off of Bayshore, because we have this pending redevelopment effort, we suspended a code enforcement case until we could get recommendations from that redevelopment group about how to address the problems. I -- the situation about housing in Immokalee is so critical, and we are aware that it's such a terrible situation, maybe we could use this as an opportunity to give like one month to come back with -- what parts of the county codes get in your client's way to prevent them from upgrading and beautifying and making their trailer parks better? MR. SPILLER: The process, as explained, as I've met with county staff before the code enforcement actions began, both with county attorney staff, as well as the development planning staff, is that they needed to have surveys in place so that they could confirm the setback and placement requirements of the code as far as the trailers' lot sizes go. Also, the infrastructure. Now, the infrastructure is dealt with on that annual inspection by the county staff. In the Betancourt situation, the size and density of the trailer park is such that the setback requirements are met. But I can inform the commission to date that the Barnhart situation will never be met if the code enforcement action goes forward. If it's to remain as a viable trailer park, there will have to be six of the 10 trailers removed, and that will displace and make unavailable housing for the persons who would normally occupy it. CHAIRWOMAN MAC'KIE: And if it's decent -- MR. SPILLER: We have ~- CHAIRWOMAN MAC'KIE: Excuse me. But if it's decent housing, then, you know, I want to facilitate the continuation of the nonconforming use so that if it's decent housing being provided there. What I'd ask the board to consider is giving one month to come back with some recommendations. But what I'm saying is to come back with recommendations for how improvements can be made to existing nonconforming housing out there. What changes need to be made in the code to permit that to happen? Page 53 May 11, 1999 COMMISSIONER CONSTANTINE: Can I just piggyback on your question, and what can possibly change that wouldn't still require you to make the appropriate changes during that month? Because surely we are not going to make the requirements less, and if the Code Enforcement Board has gone through this, has found a health and safety issue, we ought to address that. We need to address the overall housing issue. And if we are somehow standing in the way of dealing that, great. But in the meantime we're surely not going to lower the standards in the next 30 days, and you still ought to go ahead and address the issue at hand. MR. SPILLER: For the inspections that have been done in the past by the county, they've looked at the utilities and the health conditions of those housing units and they have been passed on those inspections. MS. ARNOLD: With all due respect, the county does no such inspections. MR. SPILLER: I have the inspection reports available. CHAIRWOMAN MAC'KIE: Wouldn't be county staff. Might be Health Department, it wouldn't be county staff. MR. SPILLER: Okay. Now, the last thing I'd like to point out is the executive summary that was prepared by Code Enforcement and other staff agencies for your consideration, has gross significant factual errors in it. CHAIRWOMAN MAC'KIE: Okay, but we don't need to have this discussion here today, because we don't have -- I mean, tell me if I'm wrong, Mr. Weigel, but do we have some sort of veto power over the Code Enforcement Board if we disagree with what they've done? Can we COMMISSIONER CONSTANTINE: There's a process, but -- CHAIRWOMAN MAC'KIE: I think the process goes next to the circuit court and not to this board. Because frankly, I've wanted to have a say in code enforcement cases before and haven't been able to. So I don't think this is the forum. Ramiro? MR. MANALICH: Well, you're correct that -- Ramiro Manalich, Assistant County Attorney. I did prosecute the case in front of the code board versus Mr. Spiller. The code board has entered some orders which are in effect and do have fines which will take effect at the end of the month. Now, I think the only authority you would have would not be over the Code Enforcement Board's order, but over staff in terms of if you want them to take some kind of action on this, you can so direct staff. They in turn could implement that action by presenting some type of motion regarding those orders to the Code Enforcement Board for them to consider altering their order in some way. MR. SPILLER: Which was contemplated at the code enforcement meeting in which two of the board members expressed a very strong opinion that the subject matter and the issues involved in this case were beyond that board's expertise and competence and should be directed to the County Commissioners. And I came to that code enforcement -- just my last comment -- with motions to continue the code enforcement actions so that I could be before you without the predicate finding of a violation by the code enforcement -- MR. MANALICH: Mr. Spiller is correct that the Code Enforcement Board did have some sympathy for whether there could be a legislative Page 54 May 11, 1999 solution to this or not. They did not take a position, but they were willing to entertain any feedback of what happened in this forum. CHAIRWOMAN MAC'KIE: So what I'm asking the board to do is to direct staff to pursue that legislative solution to the problem of codes -- county codes interfering with the improvement of housing conditions in Immokalee. COMMISSIONER CONSTANTINE: I support that, but I don't support staying this individual incident in the meantime, because it doesn't seem like -- CHAIRWOMAN MAC'KIE: Here's what I bet. I bet one of the things we're going to find is that the ordinance would require if you have a nonconforming property that you bring it 100 percent up to code if you change something. Well, we might allow -- I might say -- I haven't seen this property and, God forbid, I don't know, but perhaps 10 is not an inappropriate density for this particular trailer park if it's 10 nice, wonderful, clean, decent trailers. If it's -- I've seen worse. I mean, I'd be interested in the inside and what the conditions are like. MR. SPILLER: I would expect, Madam Chairman, that you're going to find out through this committee action that you're recommending that that high standard, perhaps appropriate for Naples, does not exist because their clientele. For example, the staff's summary says 12 months of rental income, it's only six. CHAIRWOMAN MAC'KIE: Yeah, but see -- MR. SPILLER: Much of the -- CHAIRWOMAN MAC'KIE: -- you just sunk your ship with me because we don't have lower standards for people because they live in Immokalee. MR. SPILLER: The other component of the reality of that environment out there is that those are migrant workers who often cause inordinate repair and maintenance expenses for the landlord by carting off all the tangibles. CHAIRWOMAN MAC'KIE: You're just blowing holes in your ship at this point with me. You know. COMMISSIONER CONSTANTINE: All of which is the responsibility of the private property owner that does not in any way support an argument that there should be a lower standard in Immokalee. COMMISSIONER BERRY: No. All I was trying to do -- I'm very disappointed in this whole conversation. Because what I was trying to do, I looked at it if owners were trying to improve the mobile homes out there, that we have certainly had reports about -- not theirs in particular, but generally speaking, that they were in bad condition. And if we can find some way to that we could allow them to replace those mobile homes with better mobile homes, that's what I was interested in doing. But this conversation has gotten off to the point of just a bad direction. So I am -- I'm very concerned at this point now what we're going -- MR. SPILLER: Could I ask then that the concept that we're talking here include those that have been mentioned by Ms. Berry, as well as Ms. Mac'Kie, and that is a coordinated study of how to address the problem that is created by isolated enforcement of the code as it currently exist upon housing market in Immokalee, the tenants of whom are migrant farm workers. We have counted the rough number of trailers involved out there, assuming that 50 percent of them are nonconforming as far as just Page 55 May 11, 1999 having a building permit. We're talking about 2,300, people that will be without a place to live when our farming season starts up again. COMMISSIONER CONSTANTINE: How many? MR. SPILLER: 2,300. We just roughly identified 891 trailers that are in trailer park environment as we drove the major streets of Immokalee. We didn't go back into the deeper environments looking. Assuming that 50 percent of those do not have building permits, which is probably a very conservative estimate, and the number of persons that live in those trailers, that's about 2,300 people who will not have a housing -- CHAIRWOMAN MAC'KIE: Well, not having housing and living in trash are -- you know, arguably, which is better? I don't know. But I'd like to hear from staff, if you've got any positive ideas here. COMMISSIONER CONSTANTINE: Yeah, the argument there sounds more like everybody else on the Interstate's going 70, why did I get pulled over going in excess of the speed limit? Why did I get pulled over? CHAIRWOMAN MAC'KIE: Lucky day. COMMISSIONER CONSTANTINE: You are correct that there is a housing issue that needs to be dealt with there, but that doesn't excuse your individual responsibility or your client's responsibility MR. SPILLER: We're not seeking -- COMMISSIONER CONSTANTINE: -- on their individual property. MR. SPILLER: We're not seeking excusal. The Betancourts have complied by obtaining a very expensive site improvement plan. CHAIRWOMAN MAC'KIE: Let us hear from our staff. MR. MULHERE: I think there's a couple of issues here. The comprehensive planning staff, in conjunction with the housing department, is looking comprehensively at the housing issue and continues to look at the housing issue in Immokalee with the hope of doing everything that can be done to improve the situation out there. As you know, we've made some great strides in obtaining grant monies and provided other opportunities for improvements. Now, the other issue here is one of providing processes that don't -- that facilitate people improving their property. And one of the things that I would suggest to you is that the board several years ago endorsed the concept of a site improvement plan, which does not require a civil engineer's seal, which is a fairly easy process. Yes, there's a fee, it's $250. We're fee driven. Of course, any property owner can ask for a fee waiver through the board, if they so desire. I would suggest that the cost of the site improvement plan is significantly less not requiring a civil engineer's seal, probably in the neighborhood of three, four, $5,000, depending on the complexity of the plan. There is also a process in the code to allow for changes to nonconforming uses. It's called a nonconforming use alteration. So there are processes that property owners can avail themselves of. Simply to waive those processes is not something that the staff would support. It gives us the opportunity to review the situation and make recommendations to the board on a case-by-case basis. CHAIRWOMAN MAC'KIE: Hard to argue with that. Mr. Mihalic, could you guys -- I had a question. MR. MIHALIC: Good morning, commissioners. CHAIRWOMAN MAC'KIE: What would you say is a reasonable time line for getting some recommendations -- I know we can't solve the housing problem in Immokalee. The Governor can't, we can't. But what -- the Page 56 May 11, 1999 particular piece that I'm interested in is finding out what parts of our code might inhibit improvement of property. MR. MIHALIC: I think we should facilitate improvement of property, but I think there's really an issue where the property was never permitted in the first place is there, is substandard housing, and is probably renting for 800 to $1,200 per month per unit. There is some question there, the wonder, rather, who were assisting in retaining these units on-site in those conditions, and I think we have to look at that. At that kind of money, you should to be able to buy brand new trailers and bring them in to assist the migrant farm workers who need assistance. CHAIRWOMAN MAC'KIE: And -- MR. SPILLER: Madam Chairman -- CHAIRWOMAN MAC'KIE: -- what are the rents -- MR. SPILLER: -- that's the problem with the county staff. That kind of inaccurate information about rental income is what's driving their processes. In their executive summary, they try to attribute 12-month rental income to these units. Their own testimony before the Code Enforcement Board was $450 a month. Except for the three lots on the Betancourt -- in which the Betancourts own trailers were removed, the tenants brought in their own trailers that they brought from FEMA that charged 150 a month. That is inaccurate information and that is causing inaccurate advice to this commission. And I think it needs to be brought into a well informed environment for the advice of this commission rather than that misinformation that you just heard. CHAIRWOMAN MAC'KIE: What if -- you know, we have a meeting in Immokalee Thursday evening. I would certainly love to get there early enough to get to have a little tour of some of this particular property. MR. MIHALIC: I think you should. CHAIRWOMAN MAC'KIE: And then -- (Applause.) COMMISSIONER NORRIS: It made somebody happy. CHAIRWOMAN MAC'KIE: Somebody liked that. And then maybe -- I don't know what the will of the board is on this particular petition, but I know that the issue is one that we've got to address. COMMISSIONER CONSTANTINE: Madam Chairman, I'll make a suggestion just so we can move it on. I think that's great, I think we need to look at the issue and deal with the issue, whether it's this Thursday or at any point in the near future. But as far as the specifics of this, it's gone through a process where staff has done research. And it's not one person, we have several of our top people sitting here. The Code Enforcement Board had a full-blown hearing on it and voted a particular way. I think we need to respect the process and go ahead and uphold their finding and then deal with the issue, the overhaul housing issue, separately. Let's not confuse the two. These folks have a responsibility to follow the rules, particularly having been through that lengthy process. COMMISSIONER CARTER: I'll second that. Is that a motion that we move staff's recommendation? COMMISSIONER CONSTANTINE: That is a motion. COMMISSIONER CARTER: I'll second. Page 57 May 11, 1999 MR. FERNANDEZ: Madam Chairwoman, you do have one speaker before you take action. CHAIRWOMAN MAC'KIE: Would you call the speaker, please. MR. FERNANDEZ: Fred Thomas, Jr. CHAIRWOMAN MAC'KIE: Fred, I was hope we would hear from you on this. I almost called you up. MR. THOMAS: The first thing I'm kind of -- Fred Thomas, for the record, resident of Immokalee, and I'm happy to be the executive director of the Collier County Housing Authority. I want to be very careful how I speak at this particular point. My first blush is to say why fix something that ain't broken? I've been here 13 years. Those trailers have been here longer than I've been here. We haven't had exorbitant fires, we haven't had pestilence, we haven't had major problems out in those areas, which is the reason why we have codes in the first place, to protect the environment. We're in an agricultural community where a free enterprise system reign supreme. Supply and demand causes the prices that people have to pay for the housing they're getting. Decreasing the number of units just increases the price. The only way we're going to put these folks out of business of getting so much money that people have the human emotional restraint, how can they get that much money for those units, is to build enough subsidized units that can serve the need. But we have a problem in building those subsidized units. Because if you rent a trailer for $180 a week and they pack 10 people -- 10 men pack themselves into that trailer, they have just made their cost three or $4 a day to live in that unit. And we have that kind of situation going on over the past two and a half years, where at the same time I was experiencing vacancies, a lot of other subsidized units set aside for farm workers experienced the vacancies. CHAIRWOMAN MAC'KIE: Isn't that because they're undocumented? MR. THOMAS: Whether they're undocumented or not, they're here and have to be house. COMMISSIONER CONSTANTINE: Do you condone the 10 people in a trailer that way? MR. THOMAS: No, I do not condone the 10 people in the trailer. But I'm saying to you, if I've got a subsidized unit sitting with vacant units, and these guys are still paying 180 a week to live in a trailer, we've got to develop a different housing model. And that different housing model has got to be a YMCA, $3 a day, satisfactory. Because if they move into Oak Haven, or they move into my place -- at my place they got to make a commitment, four weeks rent, at a minimum, plus a security deposit. And these other places, they can work a couple days here, spend a couple of days -- dollars a night, go to Homestead and work over there and pay a couple dollars a night, come back to the same unit, pay a couple dollars a night, and they're pumping all that money back to where they came from, because they're building that nest egg to go home, just like the oil pipeline workers from here did when they went over to Saudi. I'm saying, you've got a problem that needs to be dealt with. To impose the standards of the coast on that kind of a situation does not make sense. And I live in Immokalee, okay? I choose to live in Immokalee, okay? And I'm saying you're trying to fix a problem that ain't broke. Unless you're going to give me the money to build a Page 58 May 11, 1999 bunch of dormitory style housing so I can help these folks redevelop those houses to a higher and better use. COMMISSIONER CONSTANTINE: Fred, I'm a little confused, because on one hand you're saying if it's not broken, don't fix it, and then you're telling me how it's broken. MR. THOMAS: When I say it's not broke, from the standpoint of the way development services is dealing with -- code enforcement is dealing with it. We have a situation where we have not had any disasters, any major problems out there. It's not a good situation and we need to change it. But the only way to change it is to make a major investment of dollars. And make a major investment of dollars to help house people who do not want to become a citizen, much less -- I mean, a resident, much less a citizen. They come here to pick your crop for you. You see? And somehow, when two -- unless we do.that kind of a situation, where it would be in the best interest of the major landlords in Immokalee to do some upscale housing, to provide housing for school teachers or what have you, they're going to have to solve that need, because the need is there. And somehow we've got to deal with it. We keep ducking around, ducking around, ducking around. We've got to deal with that issue. And when you think of it -- and one of the problems -- I'll tell you another way -- quote it another way for you. I rent a four-bedroom house with two bathrooms for $66 a week. And I'm not going to let more than eight people live in that household. These eight people came up from Guatemala, where in Guatemala they consider themselves living high on the hog if they had a 400 square foot space that that eight-family shared with another six-family -- six-person family. Now the family comes here, they got this place with two bathrooms, interior kitchen, really nice, and a week later their cousin knocks on the door, says, "We just got here from Guatemala." It's almost immoral not to share that space with them, because that's the way their mind-set is. Now, we got a lot of workers, documented and undocumented, that are coming here to haul our crop, because most of the farm workers have been siphoned off to deal with the construction industry. So in order to get your food to you, we've got these workers that are coming in, okay? They're not coming here to become residents, to bring their families over, they're coming here to make their money and send it back home. Make their money and send it back home. Because if they can make enough money, they can go back home and live good. And these are the people we're trying to house, so that they can continue to get the crop out for you. I don't know how else to tell you that. CHAIRWOMAN MAC'KIE: So Fred, what would you recommend today? Because if what I'm proposing is that we continue this for a month, that we at least -- MR. THOMAS: I agree 100 percent with you, continue it for a month, give staff instructions to look at this in a more progressive way to how to solve the problem until we can come up with a permanent solution. COMMISSIONER CONSTANTINE: Well, what doesn't make a whole lot of sense to me is that you're saying we need to provide an incentive for the property owners to get better housing, and yet at the same time -- MR. THOMAS: I don't know whether you can -- I didn't say that. Page 59 May 11, 1999 COMMISSIONER CONSTANTINE: I'm just telling you that's -- MR. THOMAS: I didn't say that. COMMISSIONER CONSTANTINE: Fred, you did say that. You just said that about three minutes ago, and I'd love to pull the record and show you. But we need to provide an incentive, those were your exact words. And I jotted it down when you said it. MR. THOMAS: I said we need to provide an -- COMMISSIONER CONSTANTINE: May I respond, please? MR. THOMAS: Okay, go on. COMMISSIONER CONSTANTINE: You did say we need to provide an incentive, and I don't think we're going to provide the incentive by ignoring the code. It goes right back to what Commissioner Mac'Kie was saying before is, are we setting a lower standard when you say well, to someone comes from Guatemala that may seem high on the hog? Well, we're not in Guatemala, we're in Collier County, Florida, and we have a certain standard. And while I understand there are issues out there and we need to deal with those global issues, your very first question was, why do we need to fix this? And the answer is, it's a nonconforming use. You made some changes and you've done it inappropriately. You did it without permits. You went through the whole process illegally. You need to play by the same rules that everybody else does, plain and simple. MR. THOMAS: I suspect that most of these were pre-existing the code. They're pre-existing the code. COMMISSIONER CONSTANTINE: You're not familiar with this case obviously then, because they made changes. MR. THOMAS: Okay, but the point I'm trying to get across to you and what I was trying to say to you earlier is this: Naples, Scottsdale, Arizona, Pebble Beach are similar communities. The standards that you desire and want, they are great. But for mid-America, blue collar communities, we need a whole different set of standards, and that's what you're not dealing with to give us the difference. I'm not saying less standards, a different set of standards for the needs of a blue collar working community like Immokalee. And I'm going to continue to live there. Thank you. MR. SPILLER: One final remark. (Applause.) CHAIRWOMAN MAC'KIE: Quickly. MR. SPILLER: With one final remark, I have often heard said, and the ladies sitting beside me said, when I first spoke to them about this problem, the rule for the trailer park in Immokalee is if you move it, you lose it. And -- CHAIRWOMAN MAC'KIE: That's what's broken. MR. SPILLER: -- that's what has driven your current conditions. And when these ladies moved it to improve it, the enforcement action resulted against them. COMMISSIONER CONSTANTINE: Without any permits. MR. SPILLER: And that isn't right. CHAIRWOMAN MAC'KIE: And that's the piece that I'd like to give staff a chance to look at. And the reason I say that is in East Naples, as we've looked at the Gateway Triangle and those redevelopment opportunities, you know, people don't improve the facade of their property. Because if they make the sign look better, then they've got to also bring the landscaping up to code and change the Page 60 May 11, 1999 parking lot, and they can't afford to do that. And so one of the things that I think you'll see out at the Gateway overlay is some incremental changes that if you want to look at them as lessening the standards, you can. But what they're really there to do is to give opportunities for people to make incrementalized improvements to their property without it being all or nothing. So I'm going to stick with asking for a one-month cessation of enforcement of the order. COMMISSIONER NORRIS: I believe we have a motion. CHAIRWOMAN MAC'KIE: I know we do. I'm just stating my position on the motion. COMMISSIONER NORRIS: I also believe that I heard Mr. Mulhere say that there are mechanisms within the code that would allow some rectification of our problem. Is that not correct, Mr. Mulhere? MR. MULHERE: Yes. For the record, Bob Mulhere. There are processes. And in addition, it's not true to say that in every case that complying with the code and obtaining permits will result in removal of the trailers. There may be some cases where the density is exceeded, and if that's the case and you choose to retain those, then you need to go through a nonconforming use alteration petition where the board can look at that and make a recommendation. COMMISSIONER NORRIS: And I think that's the proper thing to do. MR. MULHERE: I mean, there is a process, there is a cost, and it does take some time. COMMISSIONER BERRY: And what does that cost, Bob, for the nonconforming use? MR. MULHERE: I believe that's $425. COMMISSIONER BERRY: 425 for the nonconforming use? MR. MULHERE: Change or alteration. COMMISSIONER BERRY: Change or alteration. MR. MULHERE: There's two different types of petitions, correct. COMMISSIONER CARTER: Well, based on the income stream, I think they can handle that. MR. MULHERE: That's our cost. There may be additional costs. MR. SPILLER: Commissioner Carter, before you is an affidavit that establishes the cost of the Barnhart -- their mortgage payment is not met by their gross annual income. That shortfall is made up by other properties that they own in their own family income. COMMISSIONER CARTER: Well, that's a business decision, sir, and this is not a court of law. And if you want to take that to a court and plead that case. I've heard from staff. I think there are ways to handle this issue, and I'm going to support the motion that I have. CHAIRWOMAN MAC'KIE: There's a motion and a second on the floor. Do you need the motion restated? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: No? COMMISSIONER BERRY: Yeah, restate it. COMMISSIONER CONSTANTINE: That we uphold the staff recommendation. Further, we can look at the overall housing issue in Immokalee, but that we uphold staff recommendation on this. And I think part of the rationale there, use the East Naples analogy, signage and beautification really isn't the same as what our staff has gone on record in a legal proceeding. And code enforcement is saying a health, safety, and welfare issue. CHAIRWOMAN MAC'KIE: Okay. There's a motion and a second. Page 61 May 11, 1999 COMMISSIONER BERRY: I'd like to support staff recommendation. I support part of it, but at the same time, I'd also like to stay this case until -- at least for a month until we could get it -- and then I certainly could come back and support the staff recommendation, but I'd like to see if there's some alternative that we could come up with in trying to seeing how we can improve this. And if it is just a matter that we can't but we have to go through the process that we already have in place, fine. But I think I'd like to see this delayed just a month until we can get a little better handle on it. CHAIRWOMAN MAC'KIE: It'd also give us a chance -- if anybody's still on the fence, it also would also give us a chance to inspect this, see this property for ourselves when we go on Thursday. MS. ARNOLD: And I was just going to welcome that tour with the board, because I plan on being out there Thursday. COMMISSIONER CONSTANTINE: Well, what I would hope, though, is we'd base our decision on the facts here and let staff do their job and go through the process as is legally required, rather than making it up as we go along or by impressions that we may -- COMMISSIONER NORRIS: That's exactly right. We have laws and codes to enforce. We're charged with that responsibility. Let's do it. CHAIRWOMAN MAC'KIE: There's a motion and a second on the floor. Any further discussion? If not, all in favor, please say aye. Opposed? Aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Motion passes 3 to 2. COMMISSIONER BERRY: Let's go to lunch. CHAIRWOMAN MAC'KIE: Let's take a lunch break. We need to -- let's try to get back really promptly at 1:00, because we've got a lot yet to do. Back at 1:00 -- we'll be back at 1:30. (Luncheon recess.) CHAIRWOMAN MAC'KIE: We'll call back to order the meeting of the Board of County Commissioners, May llth, 1999. COMMISSIONER CONSTANTINE: Ready to start the morning agenda. CHAIRWOMAN MAC'KIE: Yeah, start the morning agenda I'm afraid is about right. Item #8B1 INTER-FUND TRANSFER TO THE IMMOKALEE MSTU TO COMPLETE THE IMMOKALEE MAIN STREET BEAUTIFICATION PROJECT AND DESIGNATE CR 846 AND SR 29 AS GATEWAYS INTO COLLIER COUNTY - APPROVED We're to Item 8(B)(1) by my notes. Does that agree? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: That's right. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: Are there any public speakers on 8(B)(1)? MR. FERNANDEZ: Yes, there is. There are three. COMMISSIONER BERRY: Do they want to talk us out of it? MR. FERNANDEZ: Denise A. Smith and Mireya Louviere. CHAIRWOMAN MAC'KIE: If we're gonna -- if the motion on the floor is in favor and you've got an indication that there are three supporters, would you be willing to waive your time? Page 62 May 11, 1999 MS. LOUVIERE: Be willing to waive my time and say thank you. CHAIRWOMAN MAC'KIE: Okay, she waives. MR. FERNANDEZ: And Fred Thomas is the other. I think he's the same. CHAIRWOMAN MAC'KIE: Fred? I don't see him. MR. THOMAS: And waive and say thank you. CHAIRWOMAN MAC'KIE: Fred waives and says thank you. And our third speaker? Is that you? MS. SMITH: Yeah, waive. COMMISSIONER BERRY: She's waiving. CHAIRWOMAN MAC'KIE: Okay. Motion and a second on the floor. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes four to nothing. Commissioner Carter's absent. Item #8B2 BID NO. 99-2921 FOR THE IMMOKALEE MSTU MEDIAN LANDSCAPE IMPROVEMENTS ALONG S.R. 29 TO HANN~LA LANDSCAPING, INC. - AWARDED 8(B){2). COMMISSIONER BERRY: I'd like to move approval of -- COMMISSIONER CONSTANTINE: Second. COMMISSIONER BERRY -- land -- I'm reading landscape here. I'd like to move staff approval. CHAIRWOMAN MAC'KIE: Are there registered speakers on that item? MR. FERNANDEZ: Same two speakers signed up for both. CHAIRWOMAN MAC'KIE: Likewise, will they waive? MS. LOUVIERE: Waive and say thank you. CHAIRWOMAN MAC'KIE: Waive. Motion and a second. All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. KANT: Thank you, commissioners. Item #8B3 AGREEMENT FOR SALE AND PURCHASE FOR PROPERTY REQUIRED TO PROVIDE FOR A STORMWATER MANAGEMENT POND IN THE GATEWAY TRIANGLE AREA APPROVED CHAIRWOMAN MAC'KIE: Hopefully the next one is as simple. But Mr. Boldt, will you come on up for 8(B)(3)? There's a tiny bit of a solution towards a tremendous flooding problem in the Gateway Triangle that is basically funded out of what? Acquisition of this property is to be funded by what? MR. BOLDT: At this point, the general fund. CHAIRWOMAN MAC'KIE: But it's in the Gateway Triangle -- isn't it part of the Gateway Triangle funds? I wouldn't have asked it that way if I'd have thought it was -- MR. BOLDT: For the record, John Boldt, stormwater. You remember the whole picture of this project involved different alternatives, alternates one, two and three. If we eventually get to implementing either one of the alternatives two or three, it's going Page 63 May 11, 1999 to involve significant investment of funds, at which time we would be proposing to you a total package of funding that should include other funding partners, perhaps grants for various water quality improvements from other agencies, so on. This money could be counted as the county's share of that percentage when we look at the total project. In other words, if we COMMISSIONER CONSTANTINE: With that explanation in mind, I'll move the item. CHAIRWOMAN MAC'KIE: So glad to hear that. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Registered speakers on this item? MR. FERNANDEZ: Yes, Dallas Town -- no, I'm sorry. CHAIRWOMAN MAC'KIE: No. MR. FERNANDEZ: Kathleen Slebodnik and Ellie Krier. CHAIRWOMAN MAC'KIE: I think they're -- Kathleen is not here and Ms. Krier is waiving. Motion and a second for approval. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 64 PROJECT: GATEWAY POND 2A FOLIO: 61834040004 HAY t ! 1999 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM E. FORSYTH AND AUDREY FORSYTH, his wife, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be ONE HUNDRED SIXTY THREE THOUSAND TWO HUNDRED AND FIFTY DOLLARS ($163,250.00) DOLLARS, (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of ,~.------ Agreement by the Purchaser r I mutual wri~en agreement of the pa~iGs ,h6rato. Tha v,u=,, .~ shsil be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to b9 followed by the pa~ss ~n connection with the Closing shah be as bllows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: Page 2 HAY 11 1999 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the purchase price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be pro rated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; Page 3 ~~ t HAY I ! 1999 4.011 Within fifteen (15) days after the date hereof, Lshall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county fiaving jurisdiction over the use of the Property; and (2) real property taxes and assessments for 1999, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety.(.ge~days from the date of this Agreement (Appraisal Period), to obtain one (1) independent appraisal in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller prior to the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Appraisal Period, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the ~ppraisal reports shall be furnished to the Seller. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred and twenty .(4-2~ days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: ~&¥ I ~ !999 Page 4 1. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract yendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, Page 5 t~l~f ,, 1 1999 whereupon one percent J~1-%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. ,SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE,$ 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.01 5 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. Page 6 ~A~/~ t 1999 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Sellers operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Sellers representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. Page 11.023 To the best of the Sellers knowledge, they represent that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws:; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Sellers have no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity: of the Property to be sold to the County, that the Sellers have not received notice and otherwise have no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the: generation, storage, treatment, spill or transfer of hazardous substances on the Property. 11.024 Any loss and/or damage to the Property belween the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as foliows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: William E. Forsyth and Audrey Forsyth 2527 Lee Street Naples, FL 34112 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by givingi written notice of such change to the other party in the manner provided herein, For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII.._REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. HAY 1999 Page 8 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a wdtten public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain 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 Purchaser and Seller. Time is of the essence of this Agreement. Page 9 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by AS TO PURCHASER: DATED: ~ ~ II,/)9 ~ .~' """' ATTEST:~,~ ~ :,~ ~.. BOARD OF COUNTY COMMISS ONERS , COLLI COUNTY, FLORID B · . , Deputy Clerk n Attes~~ '~s ~.~ :'C~i. ~r.~' ~ S~a~ur~ oal~. AS TO SELLER: DATED: SEdOND WIT!~ S~( Sigr~ature ) (Print Name)/ '~rint ~ame ) (Print Name) Approved as to form and legal sufficiency: . Heidi F. Ashton Assistant County Attorney EXHIBIT "A" 2.5 ACRES OF THE WEST 537.32 FEET OF LOT 32, OF NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS NO. 2, AS SHOWN BY PLAT RECORDED IN PLAT BOOK 1, PAGE 27, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. May 11, 1999 Item #8B5 RESOLUTION 99-228 AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERESTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS FOR PINE RIDGE ROAD BETWEEN AIRPORT- PULLING ROAD AND LOGAN BOULEVARD - ADOPTED 8(B)(5) has to do with acquisition of road right-of-way for Pine Ridge -- no, for an easement between Pine Ridge and Airport -- for Pine Ridge Road between Airport and Logan. Thank you. MR. BIBBY: I'm Jeff Bibby, public works engineering director. It is the six-laning of Pine Ridge between Airport and Logan. We're asking you to adopt this resolution to authorize acquisition of all rights and interests in real property which are required for -- COMMISSIONER CONSTANTINE: Madam Chairman, I move the item. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: I have a second. CHAIRWOMAN MAC'KIE: Are there registered speakers? MR. FERNANDEZ: No registered speakers on this one, Madam Chairman. CHAIRWOMAN MAC'KIE: Discussion on the motion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. COMMISSIONER CONSTANTINE: It's amazing how quickly we move when Commissioner Carter is out of the room. CHAIRWOMAN MAC'KIE: Yeah, we'll have to note that for the record. Page 65 MAY ~ s 1999 RESOLUTION NO. 99- ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOPdDA, AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY DRIVEWAY RESTORATION INTERtZSTS BY EASEMENT AND/OR FEE SIMPLE TITLE INTERESTS WHICH ACQUISITIONS ARE REQUIRED FOR THE SIX-LANING IMPROVEMENTS FOR PINE RIDGE ROAD (896) BETWEEN AIRPORT-PULLING ROAD (C.R. 31) AND LOGAN BOULEVARD CIE NO. 41. WHEREAS, the Board of County Commissioners (Board), on October 28, 1997, adopted Ordinance No. 97-55 therein establishing the 1997 (Seventh Annual) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects. The Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 97-62; and WHEREAS, the six-laning roadway improvements to Pine Ridge Road (C.R. 896) between Airport-Pulling Road (C.R. 31 ) and Logan Boulevard are component parts of the Transportation Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of the six-laning roadway improvements for Pine Ridge Road between Airport-Pulling Road and Logan Boulevard, hereinafter referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: -Page 1- 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by casement and/or the fee simple title interests acquisitions identified on Exhibit "A" arc the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the Pine Ridge Road six-laning improvements between Airport-Pulling Road and Logan Boulevard, CIE No. 4 1. 3. The Board has determined that the construction and maintenance-of the six-laning transpor- tation improvements and related facilities arc necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or the fee simple title interests identified in Exhibit "A" ; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests on the properties identified in Exhibit "A" . 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-quali~ed by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and -Page 2- ! ! 1999 the data therefrom} obt~ned on gimilar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in retum for the immediate and proper execution of the respective easements, and such other legal documents and/or affidavits as the County Attomey's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairwoman and any subsequent Chairman/Chairwoman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney which may include, agreements, documents to remove the lien of any encumbrance, and for any such other purpose as may be required for the acquired road fight-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Public Works Engineering Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 11. The Chairwoman of the Board is hereby authofized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land fights to the County at its appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. -Page 3- 12. Where the property owner agrees, by agreement "Purchase Agreement" or "Easement Agreement", to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attomey may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those mounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee simple title and such other instruments as may be required to remove the lien of any encumbrance from the acquired properties. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A" , attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired. This Resolution adopted on this//t/:/~clay of 72) ~'T ,1999, after motion, second and majority vote.;~,/ ATTEST: ~ · BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, 'CLERK Pamela S. Mae'Kie, Chairwo Attest as to Chairl~n'$ sAl ature lolo and legal sufficiency Haidi'F. Ashton Assistant County Attorney -Page 4- HAY 199§ OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. ~ ~:) / / PROJECT PARCEL NO. ,. '7'~) TAX PARCEL NO. 00255240000 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary~L~drivewaY restoration easement LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The East 75.0 feet of the West 317.0 feet of the North 20 feet of the South 95 feet of the East Half of the Southwest Quarter of the Southwest Quarter, Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1500 square feet more or less. Parcel No. 701 bobXpag~lgld.036 J J ~'X'HIBI'T J BY' ': "--"'-" x,/ . .- ,- '(.-- /' DATE: :;':'/" :":' GEbRGE R.' RICHMOND P~OFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN'h' GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLESr FLORIDA 34112 DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: J :. .... SHEET :': · :/ o, OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMt TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. ~ 0 [ [ [ PROJECT PARCEL NO. / C) 2- TAX PARCEL NO, 00256560006 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRIPTION A portion of land located in the Noahwest Quarter of Section 13, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly described as follows: BEGIN at the Noaheast Comer of the plat thereof, Carillon, as recorded in Plat Book 21, Pages 59 through 61, of the Public Records of Collier County, Florida, said POINT OF BEGINNING also being on the South right of way line of pine Ridge Road (C.R. 896); thence along said South right of way line S89° 52' 59" E 80.16 feet to the East line of the Noahwest Quarter of the Noahwest Quarter of said Section 13; thence along said East line S00° 58' 52" E 35.01 feet to a point lying 110 feet South, as measured perpendicular to, the Noah line of said Section 13; thence along said line lying 110 feet South, N89° 52' 59"W 80.14 feet to the East line of aforesaid plat of Carillon; thence along said East line of Carillon N 01° 00' 37" W 35.01 feet to the POINT OF BEGINNING. Containing 2805 square feet +.. Subject to Easements, Restrictions and Reservations of Records. Prepared By 4 Collier County O.C.P.M. 3301 Tanfiami Trail East Naples, Florida 34112 Par~l No. 102 bob\pagXlgld.045 BY: DATF' GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR//2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES~ FLORIDA ,34112 NAY i i 1999 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PINE RIDGE ROAD (CR-896) o r-- P.D.B. S.89'52'59"E. ////'~80.16' 0 0 .5 102 ,.oKENSINGTON PARK CARILLON ~o 80.14' PL.~pL,~kT BOOK 21 b O GES 59-61 ' UARTER o.[ ~ OF THE NORTHWEST z b QUARTER -- mm, I EXHIBIT J GENERAL NDTES 1) P.B.C. indicG~es Poin~ or Commencemen~ B) P.D.B. indicG~es Poin~ or 9eginnlng 3) Sec. indico~es Section 4) Twp. ZndicG~es Township 5) Rge. indicG~es RGnge 6) R/~ indicG~es Righ~-or-wGy 7) ALL disfences ere in feet ond dectracts ~hepeo~ 8) BeGpings GPe besed on the Non~h Line oF Section 13 es being S.89'58'59'E. 9) No~ vetid untess signed end see[ed with ~he embossed seer or ~he ppo~essionct tend supveyop THIS IS ONLY A SKETCH DRAWN BY: t CHECKED BY: ) SCALE: ) DATE: I FILE NO.: NRT TD SHEET 2 OF 2 SCALE 02-o7-97 102 HAY ~ ~1999 OFFICE OF CAPITAL PROJECTS ' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. & a/l'[ PROJECT PARCEL NO. 70?-- TAX PARCEL NO 00256560006 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement COMMENCING AT THE NORTHEAST CORNER OF THE PLAT THEREOF "CARILLON",AS RECORDED rN PLAT BOOK 21, PAGES S9~1, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA; THENCE SOUTH 1 DEGREE 00 MINUTES 37 SECONDS EAST ALONG THE EAST LINE OF SAH:) PLAT A DISTANCE OF 35.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 52 MINUTES 59 SECONDS EAST, A DISTANCE OF 80.14 FEET; THENCE SOUTH 0 DEGREES 58 MINUTES 52 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 89 DEGREES 52 MINUTES 59 SECONDS WEST, A DISTANCE OF 80.13 FEET TO THE EAST LINE OF AFORESAID FLAT; THENCE NORTH 1 DEGREE 00 MINUTES 37 SECONDS WEST, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.028 ACRE (1,202 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID PLAT OF "CARILLON" BEING SOUTH 01 DEGREES 00 MINUTES 37 SECONDS EAST. TRACT 702 BY'/--'1 "7 DATE: OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES~ FLORIDA 34112 DRAWN BY:CHECKED BY:SC~Z: ~AVE: F'U~ NO.: I SHEET OF HAY ;1 ~I 1999 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PINE RIDGE ROAD (CR-896) b GENERAL NDTES 1) P,FI.C, indicates Point oF Commencement P) P.D.B, indicates Point oe Beginning ! E X H'I B I T ~ 3) Sec, indicates SeErion 4) Twp. Indicates Township - /9 5) Rge. indicates Range (F:)<:Z.~.se_ ..f-o_c: ~ 6) R/~/indicates Right-oF-way 7) ALL distances ape in Feet and deEimeLs thePeoF 8) Beapings are besed on the NoPth Line oF Section 13 as being S,89°5P'59'E. 9) Not valid unless signed end sealed with the embossed sect oF the proFessionat Land surveyoP THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: ~ SCALE: ~ DATE: J RUE NO.: ~ NOT TO SHEET 2 OF 2 ,. SCALE 0;::>'12'97 70;::> PUBLIC WORKS ENGINEERING DEPARTMENT MAY 11 ~1999 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECTNO ...................~... .~../.L( ..... ,Ro. sc'r NO ....... TAX PARCEL N O (:}.Q 2, .%,,5 ,,3. b.(:).Q0.3 ........ LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD (C.R.896), A DISTANCE OF 866.32 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING~ THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD, A DISTANCE OF 519.66 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST, A DISTANCE OF 519.64 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 07 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 119 ACRE (5,196 SQUARE FEET)~ MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING 89°32'47'' W. EXHIBIT PREPARED s~; GE/OR~,~ R. mC~6'~'6 ................. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 2 PUBLIC WO_~S ENGINEEI~ING DEPAI~TMENT NAY 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 8KETGH OF DESGRIPTION NOT A 8URVFY N 89°33'30"W i 516,84' o Z ~0' PARCEL 103A ~ S 89'32'47"E ~ ~t 91~H' · ~ P.O.B. N 89'32'47"W I 519.66' N 0°19'07"E 75.00' ........................... L _.~'~.',~_ PINE RIDGE ROAD P.o,c. SE COR. SW 1/4 (C.R. 896) sEc. ~z TwP. 49s. RGE. COLLIER COUNTY, FL. GENERAL NOTES 1) P.O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION I E X H I B I T 4) TVVP. = TOWNSHIP , , 5) RGE. = RANGE FO,..S~' ~ ~5-r'~- (m ~ 6) RAN = 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 LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE JANUARY 15, 1999 PR103 SHEET 2 OF 2 i!A'V i i i999 PUBLIC WORKS ENG{NEER{NG DEPARTMENT 330.{ EAST TAM{AM{ TRA{L NAPLES, FLORIDA 3411 2 (941) 774-8'{92 PROJECT NO ..................(2.D.l.t.I. ...... PROJECT PARCEL "O ...... l~.,~,,...~. ..... TAX PARCEL NO...0...0...2..5...5...3..2...0...0..0...1. ...... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 12 AND THE CENTERLINE OF PINE RIDGE ROAD (C.R. 896), A DISTANCE OF 346.55 FEET; THENCE NORTH 0 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32 MINUTES 47 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896), A DISTANCE OF 519.66 FEET; THENCE NORTH 0 DEGREES 19 MINUTES 07 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89 DEGREES 32 MINUTES 47 SECONDS EAST, A DISTANCE OF 519.63 FEET; THENCE SOUTH 0 DEGREES ll MINUTES 20 SECONDS WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 119 ACRE OR (5,196 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 12 BEING N 89032'47" W. I-. ] Po.-J'e 2 o.-v-- (,, G // PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 IO3 B PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~1~2 ~ i !999 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 89°33'30"W 516.84' O Z PARCEL 103B ~ 10~ ~'~ N 89~32'47'W 519.6~ PINE RIDGE ~k<~;~ P.o. ..s~ ~ ~' SEC.12, ~P 49S, RGE 25 E, (150' R~W) COLLIER COUNt, FL. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION E X H ! B I~ 4) ~P. = TOWNSHIP ~ _ 5) RGE. = RANGE e) Rm = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND S~LED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHECKED BY SCALE DA~ FILE NO. NOT TO SCALE JANUARY 15, 1999 PR103A SHEET 2 OF 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. _./_n 0 / ! I PROJECT PARCEL NO. 70 :::3 A TAX PARCEL NO.00255360003 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement' LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The West Sixty Feet of the North 30 feet of the South 115 feet of the South Half of the West Half of the East Half of the Southwest Quarter of Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1800 square feet more or less. Parcel 703A bob~pag\lgld\038 EXHIBIT PROFESSIONAL ~ND SURVEYOR ~2~06 OFFICE OF CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES~ FLORIDA 5~112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 ~V ~ ~ tqq9 PROJECT NO .... 60111 PARCEL NO ...... 703B FOUO NO....0.9..~.?...S..3.?...0.9..0.3. LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement THE NORTH TEN (10') FEET OF THE SOUTH 85 FEET OF THE WEST 90 FEET OF THE EAST 866.21 FEET, OF THE SOUTHWEST QUARTER OF SECTION 12,TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR 0.021 ACRES MORE OR LESS. IEXHIBIT 1 , ?~EoRGE R. ~C~6'~i6 ....................... PROFESSIONAL LAND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNW GOVERNMENT COMPLEX 330~ EAST TAMIAMI T~IL NAPLES, FLORIDA 34~ ~2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 M/~¥ .i ~ 't99~ (941) 774-8192 PROJECT NO ................... .(:~...~.././..(.... PROJECT PARCEL NO ........... ./..~...~. .... TAX PARCEL NO..Q.Qg.5.5..1. g.Q.Q0.2 ...... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRIPTION A portion of land lying in Section 12, Township 49 South, Range 25 East, Collier County, Florida, described as follows. The North 10 feet of the South 85 feet of the East One Half of the East One Half of the East One Half of the Southeast One Quarter of the Southwest one Quarter; together with, The West 120 feet of the North 10 feet of the South 85 feet of the West One Half of the West One Half of the Southwest One Quarter of the Southeast One Quarter, all in Section 12, Township 49 South, Range 25 East. Containing 4667 square feet _+. Parcel No. 104 bob/pag/Igld.071 PROFESSIONAL LAND 8URVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA S4112 SHEET ~ OF OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34~1~72~ tqDP (941) 774-8192 PROJECT NO. GO/l/ PROJECT PARCEL NO. 704 TAX PARCEL NO. 00255120007 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) · ' temporary driveway!restoration easement LEGAL DESCRIPTION A parcel of !and lying in Section 12, Township 49 South, Range 25E, Collier County, Florida, and being more particularly described as follows; The East 50 feet of the North 35 feet of the South 120 feet of the East Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section 12, Township 49 South, Range 25 East, Collier County, Florida. Containing 1750 square feet more or less together with The West 50 feet of the North 35 feet of the South 120 feet of the West Half of the West Half of the Southwest Quarter of the Southeast Quarter. Containing 1750 square feet more or less. Parcel 704 bobyag~lgld.034 P~FESSIONAL LAND SURVEYOR ~24~TE: ' OFFICE OF CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES~ FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PARCEL NO ...................... 105 FOLIO NO..,0...O..2...5..5..4...0...0..0..0...2. ........ II fee simple title 1 S 89°52'20"E 285.74' ~3~3°~3 '~'~3''qq 5 ~ ..,/~ S 89°52'20" E 753.53' o F-- o PARCEL 105 o z N 89"52'20" W 1039.25' P.O.B. ''/''' 0 bo PINE RIDGE ROAD q: z C.R.886 "- P.O.C. "':~" SOUTH LINE SEC.12,TWP. 49S, RGE 25E. S.E COR, E1/2, SW1/4,SE1/4 LEGAL DESCRIPTION PARCEL 105 COMMENCE AT THE SOUTHEAST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE OF THE SOUTH EAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE N 00026'05'' W 75.00 FEET TO THE POINT OF BEGINNING; THENCE N 89'"52'20" W ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 886) 1039.25 FEET; THENCE N00'"I 7'01" W 50.00 FEET; THENCE S 89'"52'20" E 285.74 FEET: THENCE S 00°07'40" W 15.00 FEET; THENCE S 89'"52'20" E 753.53 FEET; THENCE S 00°26'05'' E 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 40,656 SQUARE FEET OR 0.933 ACRES MORE OR LESS. BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD BEING N 89'"52'20" W. EXHIBIT .. P,- 1) P.O.C. = POINT OF COMMENCEMENT ~ "// P.O.B. = POINT OF BEGINNING REP D ..... ~: ;..: DATE.../....L/./.. 23~ SEC. = SECTION ORGE 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 NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO NOT TO SCALE NOVEMBER 30, 1998 PR105 SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 't99~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3z;~1A~2 ~ 'i (941) 774-8192 PROJECTNO ..................~.dlLL .... PROJECT PARCEL NO ........./(2..~. ...... TAX PARCEL NO(~.Q,,?,.~.~,;3.~.QD.0.Q ........ LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE NORTH TEN (10') FEET OF THE SOUTH 85 FEET OF THE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SO~AST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 106 file prrT06 I EX~)rlBI'T "'~""~' "~~s~ .. ~i~~~~ ........""~'~"' ''''~'' ....~r PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT~,~ ~ ~9~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ................... PROJECT PARCEL NO ........... .7..~..~..... TAX PARCEL NO.0..0...2...5..6...3...2...0,,0,..0...0. ........ LEGAL DESCRIPTION (NOT A SURVEY) temporary driveway restoration easement THE NORTH TEN (10') FEET OF THE SOUTH 95 FEET OF THE WEST 100 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1000 SQUARE FEET MORE OR LESS. PARCEL 706 EX IBIT II PREPARED BY ........ DATE.....//Z..~...~. ~~ ~ .,-;'" GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT NAY -.~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ....................~.....~../.~/.[.... PROJECT PARCEL NO .......... /..(:2..~. ..... TAX PARCEL NO..6..3...O.../'t...O..O...O...0..l...O...4. ....... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; The South Ten (10') feet of that parcel - as shown on the plat thereof, Naples Progressive Gymnastics Camp, as recorded in Plat Book 24, Page 84 of the Public Records of Collier County, Florida. Containing 3890 square feet more or less. Parcel 108 bob\pagMgld.029 EX IBIT ........ PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF I OFFICt OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO.-~3040000104 .L, EGAL.. DESCRIPTION (NOT A SU.R. VEY) temporary driveway restoration easement PARCEL 708 THE NORTH TEN (10') FEET OF THE SOUTH TWENTY (20') FEET OF THE EAST SIXTY (60') OF THE WEST 129 FEET OF THAT PARCEL AS SHOWN ON THE PLAT THEREOF,NAPLES PROGRESSIVE GYMNASTICS CAMP, AS RECORDED IN PLAT BOOK 24 PAGE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 600 SQUARE FEET MORE OR LESS. EXHIBIT J . / P~ESSIONAL ~ D SURV~OR ~2406 / OFFICE OF CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI T~IL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 tvl/~Y '~ 't lq99 (941) 774-8192 PRo,~EcT NO ....................~.d././/..... PROJECT PARCEL NO ........../.0..~.. ..... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRIPTION A parcel of land lying in Section 12, Township 49 South, Range 25 E, Collier County, Florida, and being more particularly described as follows; Commence at the South Quarter Corner of said Section 12, also lying on the centerline of Pine Ridge Road (CR. 896) thence along said centerline S 89° 32' 07" E 1485.93 feet; thence N 00° 05' 53" W 75.00 feet to the noah right-of-way line of said Pine Ridge Road; thence along said north right-of-way line S 89° 32' 07" E 388.00 feet to the POINT OF BEGINNING of the parcel of land hereinafier described; thence N 09° 36' 52" E 10.13 feet; thence along a line lying Ten (10') feet north, as measured perpendicular to, said noah right-of-way line S 89° 32' 07" E 385.86 feet, thence S 00° 17' 55" E 10.00 feet to said north fight-of-way line; thence N 89° 32' 07" W 387.60 feet to the POINT OF BEGINNING. Containing 3867 square feet more or less. Parcel 109 Sheet I of 2 bob\pagXlgld. 031 ........ PROFESSIONAL ~ND SURVEYOR-Ft.. REG. ~ 240~ PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 ~2 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI FRAIl. I',IAI~I. I'S, I: I ()I,~II')A 54 112 ( 9,1 I ) '//,-i --~ 1 ~.} 2 SKETCH OF DESCRIPTION 159.01'-- N.O0'I 1'54"W. S.89'52'59"E 181.51' 1C S.89"52'59"E b O 385.86' -- S.89'52"07"E. P.[l. --587.60' 0.15' N.89'52'OT'W. 588.00' 0.00' 10' EASEMENT %95' L(CR-896) PINE RIDGE ROAD (150' R/W) ' 4,"" ' X~__N.OO.OS,5],,W' S.89"52'07"E. .C. 75.oo' South Quorter Corner Sec. 12, Twp. 49 S., Ronge 25 E. PARCEL 109 GENERAL NDTES 1) P.D,C. Indicates Point oF Commencement 2) P,D,B, Indicates Point oF Beginning ~ E X H I B I T '~ 3) Sec. Indicates Section pC 4) Twp. Indicates Township 5) Rge. Indicates Range (y)o_,..$~ ~ ,..rf (,, (p 6) R/V Indicates Right-or-way 7) Art distances are In F'eet; cxnd declmcxts thereof 8) :Basis oF Bearings Is the centertlne of' Pine RIdge Road being S.89*3P'O7°E. 9) Not valid untess signed and seated with the embossed seat oF the proFessionat land surveyor TFtlS IS ONLY A SKE'I'CH DRAWN BY: I CHECKED BY: SCALE: I DALE.: ~ RLE NO.: NOT TO ll-lS-eS 109 SHEET 2 OF 2 L.H.R, SCALE PUBLIC WORKS ENGINEERING DEPARTMENT : Av i 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-e192 PROJECT.O .................. ..... PROJECT PARCEL NO .........../Z.(2. ...... TAX PARCEL Nd?..°...2..5...6...3..6...0...5....0.7. ......... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE SOUTHEAST CORNER OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND PINE RIDGE ROAD (C.R. 886); THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 15 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 17 MINUTES 03 SECONDS WEST ALONG ALINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO,SAID EAST LINE OF SECTION 12, A DISTANCE OF 1245.71 FEET; THENCE NORTH 89 DEGREES 32 MINUTES 18 SECONDS WEST, A DISTANCE OF 187.45 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 5806.33 FEET, A CENTRAL ANGLE OF 2 DEGREES 02 MINUTES 37 SECONDS, AND A CHORD OF 207.07 FEET BEARING SOUTH 9 DEGREES 22 MINUTES 52 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 207.09 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 5686.33 FEET, A CENTRAL ANGLE OF 6 DEGREES 07 MINUTES 58 SECONDS, AND A CHORD OF 608.36 FEET BEARING SOUTH 7 DEGREES 20 MINUTES 11 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 608.66 FEET; THENCE SOUTH 0 DEGREES 17 MINUTES 03 SECONDS EAST, A DISTANCE OF 413.86 FEET; THENCE SOUTH 45 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE OF 21.06 FEET, THENCE SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST, A DISTANCE OF 385.04 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 03 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE NORTH RIGHT OF WAY LINE OF AFORESAID PINE RIDGE ROAD; THENCE SOUTH 89 DEGREES 31 MINUTES 15 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 480.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 3.253 ACRES (141,691) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SECTION 12 BEING NORTH 00 DEGREES 17 MINUTES 03 SECONDS WEST. PARCEL 110 EXHIBIT J PROFESSIONAL ~ND SURVEYOR:FL, REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 SHEET 1 OF 2 110 PUBLIC WORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 'i~'~ I ~9 (:941) 774-8192 SKETCH OF DESCRIPTION .... 5..8,9'32'18"E. 480.05' 187.45 CURVE 0 2 N . Curve number 1 Radius = 5686.33' A = 06'07'58' Arc = 608.66' ode Chord = 608.36' Chord Brg. S.07'PO'11'E. Curve number 2 Radius = 5806.33' u~ A = 0P°02'37' Arc = ~07.09' ~ CURVE Chord = ~07.07' NO. 1 Chord Brg. S.09'2~'52'E. j PARCEL 110 S.45'06' " o -30' 14 . · 21.06' / P.O.B. 385.04' 10.00/ S.89'31 '15"E. 480.05' PINE RIDGE ROAD ~s~75,00' CR-896 ( 150' R/W) P.O.C. GENERAL NDTES 1) P,D,C, indicates Point o~ Commencement ~) P,D,), Indic~tes Point o~ )eglnning 3) Sec, Indicates Section 4) Twp, Indicates Township 5) Rge, Indicates Range 6) R/~ Indicates Righ~-o¢-w~Y 7) Art distances ~re In ~ee~ ~nd decliners thereof 8) Bearings are based on the Eos~ Une oF sold Section 1~ os being N,00'17'03'~, 9) Not votld untess signed and seoked with the embossed seat oF the proFessionat rand surveyor -, , EXHIBIT THIS IS ONLY A SKETCH NBT TB 11-30-98 ~10 SHEET 2 OF 2 L.N.R. SCALE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341124 ~:~' : ~Q"'~ (941) 774-8192 PROJECT NO ................... .... PROJECT PARCEL NO ........... .//./.. ....... TAX PARCEL NO9..0...2...8..7...4...8...0..0...0...3. ........ LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLIE INTERSECTION OF PINE RIDGE ROAD (C.R. 886 AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 75.00 FEET;TO THE POINT OF BEGINNING THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD, A DISTANCE OF 642.58 THENCE,SOUTH 00 DEGREES 18 MINUTES 54 SECONDS EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS WEST A DISTANCE OF 577.49 FEET; THENCE SOUTH 44 DEGREES 36 MINUTES 06 SECONDS WEST, A DISTANCE OF 21.41 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 50 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 475.00 FEET; THENCE SOUTH 89 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 33 SECONDS EAST ALONG A LINE LYING 30 EAST, AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTION 18, A DISTANCE OF 745.27 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE WEST LINE OF SAID SECTION 18, THENCE NORTH 00 DEGREES 15 MINUTES 33 SECONDS WEST, A DISTANCE OF 1245.27 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 1.218 ACRE (53,401) SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 33 SECONDS EAST. PARCEL 111 ............. PROFESSIONAL LAND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 330~ EAST TAMIAMI T~IL NAPLES, FLORIDA 34~2 SHEET ~ OF 2 III PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34~ (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY N 8.9°39'19"E ~43,67' ~o. EXISTING 30 FOOT____, ~ UTILITY EASEMENT , GOLF DRIVING RANGE I I .- = !;t P '<: 1410 C:) ~N z z ~ S 89°44'27"W , ~ I-- - C9 PARCEL 11 L J ~ z I ~ N 89°35'12"E 577 ' i ~ S 89°35'12"W 642,58~ ~'1"' P.O.B. P ,O .C, GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION E X H IB'l T 4) TWP. = TOWNSHIP -- 6) R/W = 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 LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE JANUARY 12, 1999 PR111 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'~ (941) 774-8192 PRoJEcTNo .................... ..... PROJECT PARCEL NO .........8.!.~ ........ TAX PARCEL NO,0...0...2..8..Z.~..8...0...0..0...3. ........ LEGAL DESCRIPTION (NOT A SURVEY) drainage, utility & maintenance easement COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 12 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 30 FEET EAST, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF SAID SECTION 18, A DISTANCE OF 500.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 53 SECONDS EAST ALONG A LINE LYING 60 FEET EAST, AS MEASURED PERPENDICULAR TO, SAID WEST LINE OF SECTION18, A DISTANCE OF 745.30 FEET; THENCE SOUTH 89 DEGREES 39 MINUTES 19 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 15 MINUTES 53 SECONDS WEST ALONG AFORESAID LINE LYING 30 FEET EAST OF SECTION 18, A DISTANCE OF 745.34 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.513 ACRE (22,360 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS SAID WEST LINE OF SECTION 18 BEING SOUTH 00 DEGREES 15 MINUTES 53 SECONDS EAST. PARCEL 811A EX~iIBIT PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3'411~ (941) 774-8192 SKETCH OF DESCRIPTION 30' S.89'39'19"W. 643.67' ~ I D R IVI N G ~ PARCEL 811A 0 rY ' , zao · "' - ~n, I us P,D,]3 ) . PARCEL 111 ~ . 500.00' PARCEL 811B S.44'3 0 W. PINE RIDGE ROAD 7 75.00' CR-a96 (150' R/W) P,D,C, GENERAL NDTES l) P.D,C, Indlco,'t;es Poln-I; o? Commence~en-t; 8) P.D.:B. Indica't;es Poln-t; oF ]]eginnln9 3) Sec, Indlca't:es Sec-tclon 4) Twp. Indlca't;es Township 5) Rge. Indlca-I;es Range 6) R/~/Indlca-l;es Rlgh-tc-o~-way 7) At[ dls-t;ances c~r'e In Fee-t; and decimal, s 't;hereoF 8) ]3eo, r-ings are based on -I;he ~,/es-I; Une oF so, ld Sec'l;ion 18 o,s being N,00°15'53'~/. IE X H I B I T 9) Not vaLId unl, ess signed o, nd seo. l, ed wl-t;h -t:he embossed seal o? ~he pro?esslona~ land surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: NOT TO SHEET 2 OF 2 SCALE 09-10-97 PR-SllA PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 MAY ':i '.i i999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 60111 PROJECT PARCEL NO..112 FOLIO NO..3,..8..4...5,,0..0...4...0..0..0...6. ......... fee simple title : LIVINGSTON WOODS LANE i S 89'40'50"E : 308.23' i I : i I , n I I O : 'nI TRACT 1 O : j - . .-.-~ L'.9 z: 7 i I I PARCEL 112 : I lo.! : N 89'37'40"W 279.86' I PINE RIDGE ROAD (C.R. 886) ~r : t N 89'37'40"W 310.01' LEGAL DESCRIPTION THE EAST 15 FEET OF THE OF THE WEST 45 FEET LESS THE SOUTH 75 FEET AND THE NORTH 30 FEET AND THE NORTH 10 FEET OF THE SOUTH 85 FEET LESS THE WEST 30 FEET OF TRACT 1, GOLDEN GATE ESTATES UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 10,517 SQUARE FEET OR .241 ACRES MORE OR LESS. EXHIBIT ' . GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT ~.~..~~ ..~./(.~/..~. P.O.B. = POINT OF BEGINNING PREPARED BY ....... DATE.../. 23~ SEC. = SECTION EORGE 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 NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCAI, E UAI E F IrE NO NOT TO SCALE NOVEMBER 23, 1998 PR112 SHEET 1 OF 1 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112. (941) 774-8192 ., PROJECT NO. ' 6d!!! PROJECT PARCEL NO... 7[ 2 TAX PARCEL NO. -~nz, snn~,nno6 .LEGAL... DESCRIPTIO..N ..(NOT A SURVEY) temporary driveway restoration easement COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. SAID POINT OF COMMENCEMENT ALSO BEING THE CENTERLINE INTERSECTION OF PINE RIDGE ROAD (C.R. 886) AND LIVINGSTON ROAD (C.R. 881); THENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 221.92 FEET; THENCE SOUTH 89 DEGREES 37 MINUTES 40 SECONDS EAST, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 31 MINUTES 10 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE NORTH 0 DEGREES 28 MINUTES 50 SECONDS EAST, A DISTANCE OF 33.00 FEET; THENCE NORTH 89 DEGREES 31 MINUTES 10 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 0 DEGREES 28 MINUTES 50 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; SAD DESCRIBED TRACT CONTAINING 0.019 ACRE (825 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE WEST LINE OF SAID SECTION 7 BEING NORTH 00 DEGREES 28 MINUTES 50 SECONDS EAST. PARCEL 712 / ~FE~S "' "' .... DATE' PR SION L LAD SURVEYOR//2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION , N.89'40'50"W. 308.23' I I I I eo PARCEL 812A io I I oO ~ <x ~ , fPARCEL 712 ~ ~pBB z© ~ . Ov ~ ] , ~ARCEL 1 , - / PARCEL 812B ~8 310.01' P.B,C~ S.89'37'40"E. PINE RIDCE ROAD (CR-896) 50' GENERAL NBTES ~) P,B.C. Indlc~e~ Poin~ oF Com~ence~en~ ~) P,B.~, Indlc~e~ Poln~ oF ~eglnnlng 3) Sec, indicQ~es Section E X H I B I T 4) Twp. [ndic~e$ Township ,, 5) Rge. indic~es R~nge 6) R/~ Indic~e~ Rlgh~-oF-w~y 7) AU distances ~Pe tn ~ee~ ~nd decl~Qts ~hePeoF 8) ~$is o~ ~eQPings Is ~he ~e$~ Une Section 7 being N.OO'~8'SO'E. 9) No~ vQtld untess signed ~nd ~e~ted wl~h ~he e~bossed se~t o~ ~he pPoFession~t tQnd suPveyor THIS IS ONLY A SK~CH D~WN BY~ CHECKED ~: SCALE: DAE~ fiLE NO,: ~-7~ .~,. ,i NBT TB SHE~ 2 OF 2 ~' ' SCALE 0~-07-97 PR-7~e PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO .... 60111 PARCEL NO ...... 113A FOLIO NO .............................. LEGAL DESCI IPTION (NOT A SURVEY) Tract 13 - 38451040005 ,, Tract 12 - 38451000003 fee simple title COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LY1NG ON THE CENTERLINE OF PINE RIDGE ROAD (C.R. 896); THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH 0 DEGREES 25 MINUTES 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD AND TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINUTES 10 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.01 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5814.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 05 MINUTES 56 SECONDS, AND A CHORD OF 2 13.00 FEET BEARING NORTH 89 DEGREES 22 MINUTES 26 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 2 13.02 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 337.03 FEET; THENCE SOUTH 0 DEGREES 25 MINUTES 24 SECONDS EAST. A DISTANCE OF 10.00 FEET TO 'FILE POINT OF BEGINNING: SAID DESCRIBED TRACi' CONTAINING t). 126 ACRE (5.500 SQUARE FEET). MORE OR LESS. BASIS OF BEARINGS IS TI IE CENTERLINE OI7 PINE RIDGE ROAD BEING N 89034'36'' E. PARCEL 113 A GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT~/~v :; ,i ~.99~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO .... 60111 PARCEL NO ...... 113A FOLIO NO .............................. LEGAL DESCRIPTION (NOT A SURVEY) ~ , ~ww~ ~ ~m i Z , Z~ ~ ~ ~ .... Z . O <~8~ '~o,~ Iz ~ O EX~BiT PREPARED BY ....................................................... DATE ................. GEORGE R. RICHMOND PROFESSIONAL ~ND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI T~IL NAPLES, FLORIDA 34112 SHEET I OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO....60111 PARCEL NO ...... 113B FOLIO NO...3B.4.52120.0.0.5 LEGAL DESCRIPI'ION (NOI' A SURVEY) fee simple title COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SAID POINT OF COMMENCEMENT ALSO LYING ON THE CENTERLINE OF PINE RIDGE ROAD (C.R.896); THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 302.87 FEET; THENCE NORTH 00 DEGREES, 25 MINUTES. 24 SECONDS WEST, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID PINE RIDGE ROAD; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 337.03 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5804.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 06 MINUTES l0 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 213.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SAID CURVE, A DISTANCE OF 402.71 FEET; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 38.62 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 10.06 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5814.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 58 MINUTES 44 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 403.78 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. l01 ACRE (4,4 i 3 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TItE CENTERLINE OF P1NE RIDGE ROAD BEING N 89034'36" E. PARCEL 113B EXdI~IBIT PROFESS1ONAL LAND BURVEYOR-FL. REG. # 2406 PUBUC WORKS 5NGlNEERlNG DEPARTMENT. COLUER COUNW GOVERNMENT COMPLEX 330~ EAST TAMIAMI T~IL NAPL5S, FLORIDA 34~ ]2 SHEET ~ OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-S192 PROJECT NO .... 60111 PARCEL NO ...... 113B FOLIO NO .............................. LEGAL DESCRIPTION (NOT A SURVEY) '. d n r'v-OO,r- coo WO Za- AA,,I~,G~oO N I F,- uJ'c, ~ d PREPARED BY ....................................................... DATE ................. GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT ~,,I~,Y: ~ ,i ~99~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ..................... NO ........... /../..4.. ...... TAX PARCEL NO,.0..0,..2...3...6..1...6...7,.9...0...8. ....... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNOR OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 644.09 FEET; THENCE SOUTH 0 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 2.97 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 3 DEGREES 14 MINUTES 50 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 320.47 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 35.05 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 56 19.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 16 MINUTES 01 SECOND, AND A CHORD OF 320.39 FEET BEARING NORTH 88 DEGREES 47 MINUTES 23 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 320.43 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 3.03 FEET; THENCE NORTH 0 DEGREES 19 MINUTES 33 SECONDS WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.260 ACRE (11,321 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 114 E R ~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (2941 ) 774-8192 SKETCH OF DESCRIPTION Curve number 1 Radius = 5654.58' A = 03'14'50' Arc = 320.47' Chord = 380.43 Chord Brg, S,88'47'59'E. Curve number 2 Radius = 5619.58' A = 03'16'01' Arc = 380,43' Chord = 380.39' Chord Brg, N.BB°47'P3'V, /I I ] I S.00'21'15"E. 55.05' N.Sg'34'36"E.- 2.97' S.00'19'33"E.--, 75.00' N. ~,9'3,1'.'.,G"1 up "El S. sg'34'36"w. 64. ,I. o 9' N.OO'~%~3"W. GENERAL NBTES ~.. ' D P.B,C, Indicates Poln~ o~ Commence~en~ ' ' 8) P.B.~, Indicates Poln~ oF 9eglnnlng P.B.C. 3) Sec. indlc~es Section NorU~wcs( corner of 4) Twp. [ndlcG~e~ Township Section ~8, Twp. 49 S., 5) Rge. Indicates R~nge Rge 26 E. 6) R/~ Indicates Rlgh~-or-w~y 7) ~tt distances ~pe In ree~ Grid decliners ~hepeo6 Collier County. 171o~id~ 8) ~e~plngs ePe b~sed on ~he Nop~h tlne or Section 18 ~s being N.89'34'36'E. 9) No~ v~tld untess signe~ ~nd seated wl~h the e~bossed se~t oF the proFessloner t~nd surveyor TIllS IS ONL~ A '2,1~t':ICII NUT TB SHEET 2 OF L.M,R. SCALE 11-18-98 ll4 - PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 l~/~y (941) 774-8192 SKETCH OF DESCRIPTION NOT A S U RVEY PROJECT NO ................ 60111 PARCEL NO .................... 715 FOLIO NO 52730007350 temporary driveway restoration easement RNE R~DGE ROAD (C.R. 896) 75' 180' R\W 25' 1345' TRACT 11 . __ ~. '% 1251.7~;'~ 93.24' i '1' by ~ PARCEL 715 15'.1 ! ,r,-J 120' ,'~.,, TRACT "R" 165' R\W KENSINGTON PARK PHASE ONE P.B. 21, PC. 62-67 DESCRIPTION PARCEL 715 THE NORTH 15 FEET OF THE EAST 120 FEET OF THE WEST 213.24 FEET OF TRACT "R" OF THE PLAT THEREOF, KENSINGTON PARK PHASE ONE, AS RECORDED IN PLAT BOOK 21, PAGES 62-67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 1800 SQUARE FEET OR .041 ACRES MORE OR LESS. I EXHIBIT GENERAL NOTES %, e ~ o ~- ~ " d_, P.O.B. POINT OF BEGINNING PREPARED BY. TE../.. .?. 23} SEC. = SECTION ORGE R. RICHMOND 4) TWP. = 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 DRAWN BY CHECKED BY SCALE DAlE FILE NO NOT TO SCALE OCTOBER 26, 1998 PR702A SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 ~/~ ~ ~ I~9~c (941) 774-8192 PROJECT NO ......................~....~..L././.... PROJECT PARCEL NO ............L../.~. ...... TAX PARCEL NO..0.O2.-,.8.8.Q.Q0.0.Q.0. ...... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title A PORTION OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 967.32 FEET; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST, A DISTANCE OF 84.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5654.58 FEET, A CENTRAL ANGLE OF 2 DEGREES 49 MINUTES 50 SECONDS, AND A CHORD OF 279.32 FEET BEARING SOUTH 85 DEGREES 45 MINUTES 41 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 279.35 FEET; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 44.30 FEET; THENCE SOUTH 0 DEGREES 22 MINUTES 55 SECONDS EAST, A DISTANCE OF 35.20 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 48.00 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 5619.58 FEET AND A CENTRAL ANGLE OF 2 DEGREES 48 MINUTES 39 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 275.68 FEET; THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST, A DISTANCE OF 35.05 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.260 ACRE (11,329 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 116 PROFESSIONAL LAND SURVEYOR-FL, REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL ~APLES. FLOmDA 34~2 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112,,,1/%. (941) 774-8192 SKETCH OF DESCRIPTION I'1 Curve number I I Rcxdlus = 5654,5B' A = 0P'49'50' Arc = 879.35' Chord = 879.38' o b Chord Brg. S.85'45'41'E. ~'~ Curve number ~ ,~' ~ -- ~ , ' I R~dlus = 5619.5B' ~ ~ ~ = 02'48'39' E, ~ Arc = 275.68' ~ Chond = 275.66' Chord Brg. N.85'45'04'~. ~ ' " I I ' ~o S'00'22'5~'E' II 84.08' ~, ~ , I ' N.89"34'36"E I ' ~ ' ' ' 967.32" GENERAL NBTES 1) P.B.C. Indicates Poln~ oF Commencemen~ 8) P.B.~. Indica~es Poln~ or ~eglnning P.Q.C. 3) Sec. Indicates Section Northwes[ corner of 4) Twp. Indicates Township 5) Rge. Indicates Range Section 18. Twp. 49 S.. Rge 26 E. 6) R/V Indicates RIght-oF-way 7) All dis~nces ~re In ree~ ~nd decimals ~hereor Collier Count),, Florido 8) 9earlngs ~re based on ~he North line o~ Section 18 as being N.89'34'36'E. 9) Not v~tld unless signed ~nd seated wl~h the embossed se~t or the professional t~nd surveyor E X ~B I T THIS IS ONLY A SKEI'CH ~~ 3~ ~ BY: CHECK~ ~: ~E: ~ RLE NO.: NOT TO SHEET 2 OF 2 L,HR, SCALE ll-lB-gB PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112M~'V '! '~ 't'~9~;; (941) 774-8192 PROJECT NO ...................~..O.L/./. .... .o ........... ..... TAX PARCEL NO.,.0,..0..2.,.8...7..4...4...0..,0.,0...1. ...... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRIPTION A parcel of land lying in Section 18, Township 49 South, Range 26 East, Collier County, Florida and being more particularly described as follows; COMMENCE at the Northwest Corner of said Section 18, thence run N 89° 34' 36" E 1289.76 feet; thence S 00° 22' 55" E 111.47 feet to the POINT OF BEGINNING of the parcel of land hereinafter described, said point also being on the South Right of Way Line of Pine Ridge Road (CR 896); thence S 84° 20' 44" E 55.70 feet to a point of curve; thence along a curve to the left having a radius of 5804.58 feet, a central angle of 2° 38' 45", an arc length of 268.05 feet and a chord which bears S 85° 40' 03" E to a point on a non-tangential line; thence S 00° 24' 36" E 35.06 feet to a point on a non- tangential curve; thence along a curve to the right having a radius of 5839..58 feet, a central angle of 2° 39'59" an arc length of 271.76 feet and a chord which bears N 85° 40' 43" W to a point on a tangential line; thence N 00° 22' 55" W 35.46 feet to the POINT OF BEGINNING. Containing 11,331 square feet, more or less. bobXpagXlgld.043' Parcel No. 118 i EXFrlBIT I PREPARED B ~O~ ~=:'~i~6'~1'6 ........DATE ............. PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLE)~ 3301 EAST TAMIAMI TRAIL ~APLaS, FLOm~A 34~2 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ~ I I'1 Curve number [ R~dlus = ~B04,~8' A = 0P°~B'4~· Arc = P68,0~' Chord = 268.0;}, I I Chord BP9, S,85'40'07'E, Curve number ~ R~dlus = 5839,58' I ~ = 0~'39'59' Arc = ~71.76' 84'20'44"W ' . ' 52.00' ' ~ ~N 00'22'55"W ' · .46, · I -- . I GENERAL NOTES 1) P.B.C, Indicates Poln~ oF Commencement P,O.C, ~) P,O.B. Indicates Poln~ oF ~eglnnlng 3) Sec. indic~es Section Northwest corner of 4) Twp, Indicates Township Section 18, Twp. 49 S., 5) Rge, Indicates R~nge Rge 26 E. 6) R/V Indicates RIDh~-oF-w~y Collier County, Florido 7) All distances ~re In Fee~ ~nd decliners ~hereoF 8) BedrinDs ~re b~sed on ~he North ~lne oF Section 18 ~s being N.BD'34'36'E. 9) No~ v~ld unless signed ~nd se~ed wl~h the embossed se~l oF the pro~esslon~t t~nd surveyor E X H THIS IS ONLY A SKETCH I ...... D~ BY: CHECK~ ~: S~: ~IE: fiLE NOT TB 1~-~8-98 ~18 SHEET 2 OF 2 SCALE PUBLIC WORKS ENGINEERING DEPARTMEN :4 y 99S 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO .................. ~..(2./.(.( ........ PROJECT PARCEL NO ......... ......... TAX PARCEL NO ..................................... ' LEGAL DESCRIPTION (NOT A SURVEY) Folios'..' Tract 29 - 38452160007 Tract 44 & 45 38453161005 fee simple title COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE SOUTH LINE OF SECTION 7, A DISTANCE OF 1299.78 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 38.64 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 84 DEGREES 20 MINUTES 44 SECONDS EAST, A DISTANCE OF 61.53 FEET ALONG THE NORTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R.896) THE NEXT 3 COURSES TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5654.58 FEET AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 599.82 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 329.94 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 26 SECONDS WEST, A DISTANCE OF 15.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 329.94 FEET;TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH,HAVING A RADIUS OF 5639.58 FEET, AND A CENTRAL ANGLE OF 6 DEGREES 04 MINUTES 40 SECONDS; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 598.23 FEET; THENCE NORTH 84 DEGREES 20 MINUTES 44 SECONDS WEST, A DISTANCE OF 63.13 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 15.09 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.341 ACRE (14,869 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF AFORESAID SECTION 7 BEING N 89°34'36'' E. PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUN~ GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET I OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 l~y (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY Z I I I- (,)t/~Z I ! i ~ - ~ / GENERAL NOTES o~ ~ ~ 1) P.O.C. = POINT OF COMMENCEMENT ~ ~ ~ ~ O 2) P.O.B. = POINT OF BEGINNING ~ ~ ~. p · ~> sEc.= SEcTioN ~ [ ~ ~ 4) ~P. = TOWNSHIP 5) RGE. = RANGE ~ I 6) Rm = R~GHT OF WAY E X H I B I'T " ~ ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE p~ ~'~ O~ ~ EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHECKED BY ~ALE DA~ FILE NO. NOT TO SCALE JANUARY 14, 1999 PR119 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 t~/~jY,: ;i '! i99~' (941) 774-8192 PROJECT NO ...................~..(~.Z'../../. .... PROJECT PARCEL NO ............/...'~.....~.. ..... TAX PARCEL NO® 287520002 LEGAL DESCRIPTION (NOT A SURVEY) fee simple title A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 34 M/NUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 1612.20 FEET; THENCE SOUTH 0 DEGREES 24 MINUTES 34 SECONDS EAST, A DISTANCE OF 139.59 FEET TO THE PO1NT OF BEGINNING; SAID POINT ALSO LYING ON THE SOUTH RIGHT OF WAY LINE OF PINE RIDGE ROAD (C.R. 896) AND BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 11 MINUTES 08 SECONDS, AND A CHORD OF 322.68 FEET BEARING SOUTH 88 DEGREES 35 MINUTES 03 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 322.73 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 35.00 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET, A CENTRAL ANGLE OF 3 DEGREES 10 MINUTES 00 SECONDS, AND A CHORD OF 322.70 FEET BEARING NORTH 88 DEGREES 35 MINUTES 43 SECONDS WEST; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 322.74 FEET; THENCE NORTH 0 DEGREES 24 MINUTES 36 SECONDS WEST, A DISTANCE OF 35.06 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.259 ACRE (11,295 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE NORTH LINE OF SAID SECTION 18 BEING NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST. PARCEL 120 EXHIBIT t Pr .. PP~6FESSIONAL LAND SURVEYOR-FL. REG. ~ 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 ~ST T~I~I T~IL NAPLES, FLORIDA 34112 SHEET I OF 2 PUBLIC ~VORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 :~,y' (941) 774-8192 SI<E'I'CI-I OF I)I:SCIqlI.~'I'ION I I I I Curve number 1 Radius = 5804,58' A = 03'11'08' Arc = 322,73' Chord = 322,68 I S.00'26'17"E. Chord Br9. S,88'35'03'E, / 35.00' Curve number 2 Radius = 5839.58' A = 03'10'00' ',- C-2 Arc = 322,74' S.00'24'36"E.-~ Chord = 322.70' 139.59' Chord Brg. N.88'35'43'V. /~ ~-~_1.00'24'36"W. / I GENERAL NBTES 1) P,B,C, Indicates Point oF Commence~en't 2) P.O.B, Indicates Point oF Beglnnln9 P O C 3) Sec. Indicates Section 4) Twp. Indicates Township Northwest corner of 5) Rge. indicates Range Section 18, Twp. 49 S., 6) R/~ indicates RIght-oF-way Rge 26 E. 7) AU distances ore In Feet and decimals thereof Collier County, Florida 8) Beorlngs are based on the North Une oF Section 18 os beln9 N.89'34'36'E. 9) Not valid un[ess signed and seated with the embossed se~[ oF the proFesslon~[ t~nd surveyor THIS IS ONLY A SKETCH U.N.R. ~OT TO SHEET 2 OF SCALE 11-18-98 180 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411 :;;~Y (941) 774-8192 PROJECT NO ....... ~...~.../..~.1 .................. PARCEL NO ......... (..2..."~.. .......... FOUO No.o...°..2...8.7....L6...°.9..o..6. .......... LEGAL DESCRIPTION (NOT A SURVEY) fee simple title COMMENCING AT THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF SECTION 18, A DISTANCE OF 1934.64 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 17 SECONDS EAST, A DISTANCE OF 149.95 FEET TO THE POINT OF BEGINNING AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5804.58 FEET, A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 47 SECONDS, AND A CHORD OF 24.96 FEET BEARING NORTH 89 DEGREES 42 MINUTES 00 SECONDS EAST; THENCE EAST ALONG SAID CURVE, A DISTANCE OF 24.96 FEET; THENCE NORTH 89 DEGREES 34 MINUTES 36 SECONDS EAST, A DISTANCE OF 619.95 FEET; THENCE NORTH 89 DEGREES 37 MINUTES 34 SECONDS EAST, A DISTANCE OF 0.38 FOOT; THENCE SOUTH 0 DEGREES 29 MINUTES 39 SECONDS EAST, A DISTANCE OF 510.28 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 30.00 FEET; THENCE NORTH 0 DEGREES 29 MINUTES 39 SECONDS WEST, A DISTANCE OF 260.27 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 21 SECONDS WEST A DISTANCE OF 5.00 FEET THENCE NORTH 00 DEGREES 29 MINUTES 39 SECONDS WEST A DISTANCE OF 165.00 FEET; THENCE NORTH 48 DEGREES 33 MINUTES 10 SECONDS WEST, A DISTANCE OF 74.99 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 36 SECONDS WEST, A DISTANCE OF 529.60 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5839.58 FEET AND A CENTRAL ANGLE OF 0 DEGREES 14 MINUTES 41 SECONDS; THENCE WEST ALONG SAID CURVE, A DISTANCE OF 24.95 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 17 SECONDS WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 39,3 16 SQUARE FEET OR 0,903 ACRES. r G;I~!~GE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 330`1 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1'12 SHEET 1 OF 2 123 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3ilI, ': ~99~ (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY NORTHWEST CORNER SECT ON 8 T I 1 NSHIP 49 SOUTH, RANGE 26 EAST N 89°34'36"E 1934.84' o ,-- PINE RIDGE ROAD C.R. 896 N 89°37'34"E z 150' R\W 0.38' /P.O.B. N 89°34'36"E 619.95' L'j"24C. 916' S89o34,36,,W / S 0°26'17.0"E 24.95' 35.00' PARCEL 123 iI ~ O _J S 89° 30' 21" W , 5.00' n, Z S 89°30'21"~L--~ 30.00' Curve Delta Angle Radius Arc Tangent Chord Chord Bearin I 0°14'47" 5804.58 24.96 12.48 24.96 N 89o42'00'` 2 0°14'41" 5839.58 24.95 12.48 24.95 S 89°41 '57" W! GENERAL NOTES 1) P.O.C. -- POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION E X H I B I T" ' 4) TWP. = TOWNSHIP ,,, (F~ 5) RGE. -- RANGE 6) R/W = RIGHT OF WAY C. "(c/z9 o~- ~ ~ 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34M~' (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 60111 PARCEL NO ............ 124 FOUO NO..3...8..4...5..3...9..8.9..°.9..8. ......... 1 fee simple title N 89°40'50"W 330.0' _ F.- d,-- TRACT 60 ~o F- O ~ Z 30' ~ 'F- '%-- F,, F- o PARCEL 124 ~ c,,,I .... 30_.0.0' .... ....... -~ .... ~-~.f; ~r'~"~'.6; ............ P NE R DGE ROAD LEGAL DESCRiPTiON THE 80UTH FFTEEEN (1B') FEEET OF TF~a, CT BO LE88 THE EAST THIRTY (30') FEET THEREOF, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 35, AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4500 SQUARE FEET OR .103 ACRES MORE OR LESS. ! EX~BmT GENERAL NOTES '~"--5 ;- ~ q * '~ ~'-~' 1) P.O.C. = POINT OF COMMENCEMENT '~"~E '/"'/"/<"~""' ..~....z- ."-/~; P.O.B. POINT OF BEGINNING PREPARED B ~ ~ . ........................ = DATE 2.,.~ SEC. = SECTION ORGE R. RICHMOND 4) TWP. = 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 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE FEBRUARY 22, 1999 PR124 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 I~AV (941) 7744192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 60111 PARCEL NO ............ 125 FOLIO NO ..................................... II E 30' of Tr 60 38453960002 fee simple title Tract 61 - 38454000000 N 89°40'50"W 330.0' . "~ ~ TRACT 6 1 ~ 30' ~ ~ F ~ PARCEL 125 ~ 330.0' , __. ...... _ ..... fg~:~r~~: .... '~ ........ PINE RIDGH ROAD LEGAL DESCRIPTION THE SOUTH FIFTEEN (~ 5') FEET O~ T~CT 6~ AND THE SOUTH ~I~THHN (~ 5') O~ THE EAST THIR~ (30') ~SST O~ T~CT 60, O~ THE P~T THHRHO~, GOLDEN GATE ESTATES, UNIT NO. 35, AS RHCORDHD IN P~T BOOK 7, PAaE 85, O~ THH PUBLIC RECORDS O~ COLLIER COUNt, ~LORIDA. CONTAINING 5400 SaUARH ~HET OR .~ 24 ACRES ~ORH OR LESS. EXHIBIT GENE~L NOTES ~ ~ o~ ~ ~ P.O.B. POINT OF BEGINNING PREPARED BY .............. DATE.. ~ SEC. = SECTION RGE 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 3~ EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112 ~AWN BY CHECKED BY ~E DA1 E FILE NO NOT TO SCALE FEBRUARY 22, 1999 PR125 SHEET 1 OF 1. 21 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,~LV~ (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PROJECT PARCEL NO. 126 l TAX PARCEL NO ..................................... fee simple title Folio: 29520002909 CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 r'~ 232' I LLI ---- 20i----- BUFFER EASEMENT D ~ TRACT 4 ~ b TRACT "D" i OrY ~ I n .r.- I O~,to,, PARCEL 126 Z ~ 227"', ' '1 207' PINE RIDGE ROAD C.R. 896 150' R\W DESCRIPTION PARCEL: 126 THE SOUTH 10 FEET OF TRACT 4, OF THE PLAT THEREOF, CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN PLAT BOOK 20, PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 2210 SQUARE FEET OR 0.051 ACRES MORE OR LESS. i- EXHIBIT ' GENERAL NOTES P.O.B. = POINT OF BEGINNING PREPARED B ...... DATE.. . i} SEC. = SECTION GE R. RICHMOND 4) TWP. = 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 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE OCTOBER 27, 1998 PR126 SHEET 1 OF 1 · /2 ' 7 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34-112 (941) 774-8192 Project: 60111 fee simple title Folio No. 38455000009 SKETCH OF DESCRIPTION LIVINGSTON MEADOW Plot Book 19, Page 66 N.89'40'50"W. 330.00' _-. o ~ TRACT TRACT ." ~ q~ :- TRACT 61 o~ 76 ,: o~ 77 o o z South 15' feet Tract76 __ 330.00' I S.89'37'40"E. PINE RIDGE ROAD (CR-896) ,50. LEGAL DESCRIPTION The South, fifteen (15') feet of Tract 76 of the Pl~t thereof, Golden Ggte Estates Unit 35, ~s recorded in Pl~t Book 7, Page 85 of the Public Records of Collier County, Florida Conreining 4,950 square feet more or less. Basis of Begrings is the North Ric~ht of Way line of Pine Ridge Road being S.89'37 40"E. THIS IS ONLY A SKETCH EXHIBIT : DA;F1E: ./. OFFICE OF CAPIIAL PROJECTS COLUER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34.~12 DRAWN BY: CHECKEO BY: SCALE: DATE RLIK NO.: NDT TD Xl-XS-98 1~7 SHEET 1 OF 1 SCALE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34i~1! (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 60111. PROJECT PARCEL NO. 128 TAX PARCEL NO~.9..5...2. P.~.P..2. Z.0.~. ........... 1 £ee simple title CROSSROADS MARKET AT THE VINEYARDS P.B. 20, PGS. 7 & 8 ~ 232' ~ I ' I ~ ~20'~ BUFFER EASEMENT ~ ~ I T~CT "D" ~ I T~CT 4 ~ ~ I ~o~ PARCEL 128 Z ~ ~ 22T .~ I ' ~1~'. 207' PINE RIDGE ROAD C.R. 896 150' R~W DESCRIPTION PARCEL: 128 THE SOUTH 10 FEET OF THE WEST 85' OF T~CT D, OF THE P~T THEREOF, CROSSROADS MARKET AT THE VINEYARDS, AS RECORDED IN P~T BOOK 20, PAGES 7 & 8, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 850 SQUARE FEET OR 0.020 ACRES MORE OR LESS. 'EX~'I'Bi"T GENERAL NOTES 2) P.O.B. = POINT OF BEGINNING PREPARED B ...... DATE .... 3) SEC. = SECTION Z 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 ~ST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHEC~D BY ~ALE DATE FILE NO. NOT TO SCALE OCTOBER 27, ~ 998 PR128 SHEET 1 OF 1 OFFICE OF CAPITAL PROJECTS ,,t501 EAST TAMIAMI ]'RAIL NAF::'LES, FLORIDA 34112 (941') 774--8192 ,",~oJ~:c, NO. ~O/f/ I':'I,~OJI.CI I'ARC[~L NO. ~ lAX I:'AI,~CEL NO. 3845504000:1 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL !)igSCR! I'T!ON A portion of Tract 77 of the plat thereof, Golden Gate Estates Unit 35 as recorded in Plat Book 7, Page 85, of the Public Records of Collier County, Florida, and being more particularly described as lbllows: COMMENCE at the Southeast corner of Section 7, Township 49 South, R. mxge 26 East, Collier County, Florida; thence along the South line of said Section 7 S 89' 37' 34" W 1559.29 feet; thence N 00' 26' 33" W 54.91 feet to the POINT OF BEGINNING of the parcel of land hereinafier described; thence continue N 00' 26' 33 W 20.02 feet; thence S 87' 20' 08" W 23.36 feet; thence S 89' 37' 34" W 306.60 feet; thence S 00' 26' 37" E 74.00 feet; thence N 89' 37' 34" E 8.92 feet; thence N 00' 26' 26" W 54.00 feet; thence N 89' 37' 34" E 298.00 feet; thence N 87' 20' 08" E 22.98 feet to the POINT OF BEGINNING. Containing 7083 square feet more or less. Basis of bearings is the south line of Section 7 being S 89' 37' 34" W. Parcel No. 129 GRR/!ab/!gld SCALE: .. ~ DRAWN BY: ~ "'"': ,. ' 6~': ' DATE: ~,/~/7 -E'I RI tIM , CHECKED BY:. PROFESSIONAL LAND .SURVEYOR ~2406 FILE NO: REVISED: OFFICE OF CAPII'AL PI~OJEC1S COLLIER COUNTY GOVERNMENT COMPLEX 3501 E 1AMIAMI TRAIL NAPLES FLORIDA 34112 DP, AWN BY: CHECKED BY: SCALE: DAIE: FILE NO.: SHEEl' OF PUBLIC WORKS ENGINEERING DEPARTMENT 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION j._..] LIVINGSTON WOODS DRIVE (STH AVE. S.W.) 0 I TRACT ~ TRACT u::j ~ · - N TRACT I"-,, P,o 77 76 o ¢.o 92 I i ~~ S.87'20'08"W. ' RtV~jUSLY ' ' ' "' ' 150' R/W N 72 . '.j~ F1C~ 7Z'O0"""""~ 20,02 Rge. 26 E. ,j S.89',37',34"~/'7'~'5'~'.~'~ · ~CR-896) ACQUIRED GENERAL NDTES 1) P,D,C, Indlco~i:es Point oF' Commencement P) P,D,B. Indlcat;es Point oF' Beglnnln9 E X H I El I T 3) Sec, Indicates Section //3r- 4) Twp, Indlced:es Township ,. 5) Rge, Indlcai;es Range -[-),~.--Se- r'3 6) R/V Indlco.'tes Rlgh't-of'-wo, y 7) Art clls'to, nces ~re In Fee't and declmo, ts thereoF' 8) ~asls oF' decxrlngs Is the South tlne oF Section 7 as beln9 S,89'37'34'V. 9) Not vatld untess signed and seated wlt;h t;he embossed seat oF i;he proFessloncxt rand surveyor THIS IS ONLY A SKEI'CH DRAWN BY: CHECKED BY: SCALE: DAI*E: RLE NO.: L.~4.R. NnT Tn SHEET 2 OF SCALE 11-18-98 129 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 !~,~,6~ -! ,,: i~~ (941) 774-8192 fee simple title PROJECT NO .......................~.Z~.././../... .Ro., c'rNo .........../.32. .... TAX PARCEL NO.S...q..zt.5...6..,2...0..0...0...0..2.. ....... LEGAL DESCRIPTION (NOT A SURVEY) A PORTION OF TILACT 92 OF THE PLAT THEIHEOF,GOLDEN GATE ESTATES UNIT 35 AS RECORDED IN PLAT BOOK 7, PAGE 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAiD SECTION 7, A DISTANCE OF 1559.29 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 33 SECONDS WEST, A DISTANCE OF 54.91 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 20 MINUTES 08 SECONDS EAST, A DISTANCE OF 330.19 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 28 SECONDS WEST, A DISTANCE OF 20.02 FEET; THENCE SOUTH 87 DEGREES 20 MINUTES 08 SECONDS WEST, A DISTANCE OF 330.19 FEET; THENCE SOUTH 0 DEGREES 26 MINUTES 33 SECONDS EAST, A DISTANCE OF 20.02 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0. 1 52 ACRE (6,605 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 132 PREPARED B~/"~~~i~ ........ DATE..L..?!.-2/?~ PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~112 NhY (941) 774-8192 SKETCH OF DESCRIPTION LIVINGSTON WOODS DRIVE (8TH AVE. S.W.) i TRACT ~ ~ TRACT ~j © c~ TRACT ~ ~ 92 ~ o 93 77 b ~ o o Z S.87'20'08"W. ~ / - N.87'20'OS"E. 330.19' 330.19' 20.02'  Southeast corner 20.02' ~ 68.11' of Section 7, ~ P,D,C, ~~ Twp. 49 S., Rge. 26 E. ~ 329.94' / ~ 7 P D B~~R '4~ S.89'~7'34"W. 1559.29' ~ ~' 5.1' IDGE ROAD (CR-a96) PREVIOUSLY 150' R/W ACQUIRED GENERAL NDTES ~) P,D,C, Indicates Point oF Commencement ' E X H I B'I T ~) P,D,~, Indicates Point oF ~eglnnln9 3) Sac, Indicates Section ~,,. 4) Twp, Indicates Township 5) Rge, Indicates R~nge ~ 6) R/~ Indicates Rlght-o~-way 7) A[[ distances ~re In ~eet ~nd decimals ~heceo~ 8) ~asls oe clearings is the South Une o~ Section 7 as ~eln9 S,89~37'34'~, 9) Not vatld unte~s signed and seated wl~h ~he embossed se~[ oF ~he proFessionat rand ~ucveyor THIS IS ONLY A SKETCH NBT TB t1-1~-9~ ~3~ SHEET 2 OF 2 SCALE OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, IzLOIRIDA 3411 ~!~,.V ~ "i i~,RF:i (941) 774-8192 PROJECT NO. ~ (~/// Pl oJEcr PA CEL NO.. /35 I'AX PAI~CEL NO.384562aOO04 SKDCH OF LEGAL DESCRIPTION (NO'I2_~_~URVEy) fee simple title !,E(;AI, !)ESCI{I!'TION A portion ofTtact 93 oflhc plat thorcot: Golden Gate Estates Unit 35 as recorded in Plat Book ?, Page 85, or the Public !{ccords of Collier County, !qorida, and bcinS more pmicularly described as follows: CO~ENCE at the Southeast conmr of Section ?, Township 49 South, l{angc 26 East, Collier County, Florida; thence along the South line of said Section ? S 89° 3?' 34" W 1229.35 feet; thence N 00° 26' 28" W 68. l I feet to the POINT OF BEGINNING of the p~cel of land hereinafier described; thence N 89° 3?' 34" E 215.53 feet; thence N ?0° 30' 38" E 121.21 feet; thence N O0° 26' 24" W 21.16 feet; thence S ?0° 30' 38" W 125.16 feet; thence S 89° 3?' 34" W 211.80 feet; thence S O0° 26' 28" E 20.02 feet to the POINT OF BEGINNING. Contains 6?3? squat feet more or less. Basis ofbe~inSs is the South line of Section ? being S 89° 3?' 34" W. Parcel No. 135 ~XHj~'iT' ' BLICWOR ' KS ENGINEERING DEPT, LLIER COUN~ GOVERNMENT COMPLEX O1 EAST TAMIAMI TRAIL PLES, FLORIDA 34112 D~WN BY; CHECKED BY: S~: UAIE: FIE NO,: FI S EET OF I,..~0 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112:,,'1/~,'f ~,'i (941) 774-8192 SKETCH OF DESCRIPTION J.__fL~v~,osTo, wooos OR~vE (8'r. AvE. ..................... I : : - -,,t' TRACT ¥'c6 'IRACI' u'5 to ~- c-a 'I'RACT 92 ~1~ 93 .~b 108 Otf) O S.70'30'38"W. 125.16' fN.70'30'38"E. S.89'37'34"W. 121.21' 211.80' 21.16' i N.89'37'34"E. , 215.53'/,7 Southeast corner 20.02---,,~ : ///r--116.42' of Section 7, fP D C Twp. 49 S., P'D'B"/~' 329.95',/-' Rge. 26 E. 68.11'-~/'~1 S.89'37'34"W. 1229.35' __~ 7 18 17 ~ D(3E I~()AI~ (CR - ~496) PREVIOUSLY 150' ACQUIRED GENERAL NDTES 1) P.O.C. Indlc~,es Poln~ oF (2ommencemen~ E X Hj~BIT ~> P.D.B. Indlc~,es Poln, oF ~eglnnln9 3> Sec. Inctlc~es Section 4> Twp. lncilc~,es Township FIo_~ ~ 5) Rge. IndIcates R~nge ~> R/~/Indlc~,es Rlgh~-oF-w~y 7) AU distances ~re In fee, ~ncl cleElm~ts 8) B~sls oF de~rlngs Is ~he Sou~h LIne oF SeE,Ion 7 os beln9 S.89'37'34'X4. 9> No~ v~tld unless signed ~ncl se~Lecl wl,h ,he embossed se~ oF ~he professloner ~nct surveyor THIS IS ONLY A SKF]CH DRAWN BY: CHECKED BY: SCALE: DAIE: FILE NO,: L.M.R. NDT TD SHEET SCALE 11-18-98 135 PUBLIC WORKS ENGINEERING DEPARTMENT 'i 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO ......................~..(~...//../.... PROJECT PARCEL NO ............./.~...~... TAX PARCEL NO-,3..~.~.,5..7...2,.8..Q.O.0..,5. ........ LEGAL DESCRIPTION (NOT A SURVEY) fee simple title A PORTION OF TRACT 108 OF THE PLAT TI IEREOILGOLDEN GATE ESTAI'ES UNIT 35 AS RECORDED IN PLAT BOOK 7, PAGE 85, OF I'HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 7, A DISTANCE OF 899.41 FEET; THENCE NORTH 0 DEGREES 26 MINUTES 42 SECONDS WEST, A DISTANCE OF 116.42 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE AND THE WEST LINE OF SAID TRACT 108, A DISTANCE OF 21.16 FEET; THENCE NORTH 70 DEGREES 30 MINUTES 38 SECONDS EAST, A DISTANCE OF 60.35 FEET; THENCE NORTH 36 DEGREES 51 MINUTES 40 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 53 DEGREES 08 MINUTES 2O SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOIfFH 36 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 16.05 FEET; THENCE SOUTH 70 DEGREES 30 MINUTES 38 SECONDS WEST, A DISTANCE OF 73.30 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.037 ACRE (1,597 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH LINE OF SAID SECTION 7 BEING SOUTH 89 DEGREES 37 MINUTES 34 SECONDS WEST. PARCEL 136 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT ~,q~ 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34'1 (941) 774-8192 SKETCH OF DESCRIPTION __t !"fJ 292.63' I I g ~'1~ i : I TRACT I ~ I 108 I T~ACT / I / ' x "~ 's S3'oa'2o"E / ~.e / r,1.36'51 "40"E. ' 20 00' ' / ~ 10.Oo' i ' / ~' N.7~2~gF'E.. / 36'51'40"W / ~ Southeos[ corner ' ' ~6.05' / ~ of Sec. 7, twp. 49 S., , ',e / x/ Rge. 26 E. .16 ~, . , ~ ~i 7~.~'~ ,REv~OUSL~ P.D.C. GENERAL NBTES 1) P.D.C. indlc~es Poln~ or ComRenceRen~ 8) P.B.~. Indicates Poln~ or ~eglnnlng E X H~ I T 3) Sec. Indicates Section 4) Twp. Indicates Township 5) Rge. Indicates Range 6) R/~ IndIcates RIght-oF-way . 7) Art distances ape In Fee~ and declmGts ~hePeoF 8) Basis oF BeQPlngs Is ~he South tlne Section 7 being S.89'37'34'~. 9) Not vGtld un[ess signed and seQted with the embossed seat oF ~he pPoFesslonQt [and suPveyoP THIS IS ONLY A SKETCH O~ BY: CHECKED ~: S~E: ~lE: FI~ NO.: NDT TB 1~-~8-98 136 $FIEET 2 OF 2 L.H.R. SCALE /37 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 Project: 60111 Folio: 80673080008 SKETCH OF DESCRIP'FIC)N Curve number 1 Ro, dlus = PS.00' /X = 90' fee simple title Arc = 39,;:>7 Chord = 35,36 Chord BP9, S.45'85'16'E. Curve number P '- Radius = 85.00' A = 53'07'48' Arc = 83.18 , Chord = 88.36 I Chord Brg. S.63'51'88'V. I I I I I I i / TRACT L-14 I I ~ VINEYARDS UNIT ONE I Q I /i PLAT BOOK 14 I n- I ~ PAGES 67-74 I ,<C I . I I _J I m ~ ~l, I O\ .,--I~) : %' I ~O~Z> I 13 t'N Ole, I .';"1"" I )- I I Z I i 5 i I I I I i I S. 89'34'44"W. I I C].2.~ 139.92' ~ 10.00' ' 119 92' C 1 ' N.Bg'34'44"E. /~,.PINE RIDGE ROAD_,/' LEGAL DESCRIPTION The South Ten (10) feet of Troct L-14 of '[ i:"X'HIB'IT the plot Vineyords. Unit One os recorded I in Plot Book 14. Poges 67 through 74 of ' the Public Records of Collier County, Florida. Pa--~- Containing 1,339 square feet more or less. THIS IS ONLY A SKETCH ~GE R. I~ICHMOND DATE: / PROFESSIONAL LAND SURVEYOR//2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 DRAWN BY: CHECKED BY: SCALE:: DATE: FILE: NO.: NUT TB SHEET 1 OF 1 SCALE 11-18-98 137 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 Project: 60111 Folio: 80708200753 SKETCH OF DESCRIPTION I fee simple title ~ I t TRACT CC I VINEYARDS UNIT ONE t ViNEyARDS UNIT 3A ~ I GOLDEN GATE ESTATES i UNIT 34 PLAT BOOK 14 ~ o PLAT BOOK 17 PAGES 67-74 .,~'~ PAGES 7-18 I PLAT BOOK 7 i PAGE 23 iLd 1' I~l- t , ~ b ~t 203&47' '/' N.89'34'4-4"E. ,/,,7.,PINE RIDGE F~OAD-./ (CR-896) 150' R/W LEGAL DESCRIPTION The Sou~h Twenty (20) feet of Tract CC of the plat Vineyards, Unit 3A as recorded in Plat Book 17, Pages 7 through 18 of EXHI'B"IT the Public Records of Collier County, Florida, ,. iPr , , Containing 40,720 square feet more or less. ~ c/.,, ~' ~.,c (.,,~, THIS IS ONLY A SKETCH PROFESSIONAL LAND SURVEYOR '#2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 54112 DRAWN BY: CHECKED BY: SCALE:: DATF,: FILE: NO.: NI3T TI3 SHEET 1 OF 1 SCALE 11-18-98 138 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO .................~..~..//../. ..... PARCEL NO ............../..,~....~... FOLIO NO.3..,8..,3../?..2...8.../4..0...0...0..0.. ....... LEGAL DESCRIPTION (NOT A SURVEY) road right of way, sidewalk, utility, drainage & maintenance LEGAL DESCRIPTION The South Twenty (20') of the North 170.0 feet of the East 62.0 feet of Tract 121 of the Plat thereoe, Golden Gate Estates, Unit 33 as recorded in the Plat Book 7, Page 60, of the Public Records of Collier County, Florida. Containing 1240 square feet more or less. Parcel No. 139 pag/lgld.075 PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL PROJECTS ' 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,3~'~'1~' (94'~.) 774-8192 PROJECT NO. PROJECT. PARCEL NO. TAX PARCEL NO. 38390920008 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fee simple title LEGAL DESCRPITION COMMENCE at the Southwest Comer of Tract 14, of the plat thereof Golden Gate Estates Unit No. 34, as recorded in Plat Book 7, Page 23, of the Public Records of Collier County, Florida; thence run along the west line of said Tract 14 N 00' 19' 10" E 181.55 feet to the POINT OF BEGINNING of the parcel 'of land hereinaf~er described; thence S 89' 37' 45" E 180.00 feet; thence N 00' 22' 15" E 10.00 feet; thence S 89' 37' 45" E 414.62feet; thence S 44' 39' 18" E 50.05 feet to the west right-of-way line of Logan Boulevard; thence along said west fight-of-way line N 00' 19' 10" E 45.37 feet to the Southwest right-of-way intersection of Logan Boulevard and Pine Ridge Road (CR896); thence along the south right.of-way line of said Pine Ridge Road N 89' 37' 45" W 630.00 feet to the west line of aforesaid Tract 14, thence S 00' 19' 10" W 20.00 feet to the POINT OF BEGINNING. Containing 8726 square feet more or less. Parcel 140 Sheet 1 of 2 Basis of Bearings is the West line of Tract 14 being N 00' 19' 10" E. GRR/lab/lglds IEXHIBIT SCALF' BY: ~,----1 ~ / DATE: DRAWN BY:. FILE NO:. REVISED:, OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAM, IAMI TRAIL NAPLES, FLORIDA .'~4'i )PAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: OF OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION LOGAN BOULEVARD ~ ~..-. N.OO'19'16"E':' ec' "'" N.OO'lg'IO"E. 200.99' 45.37'/ 155.62' (/~-S.44"39'18"E I50,05' J S.89'37'45"E · ~, ] / 414.62' e O~ N.OO'22'15"E o o I b 10.00' d ~ O ~ ~ I PORTION TRACT 14 Z = 0 ~ IL/S.89'37'45"E ' 180.00' ! ~10 .... 9 N.89 37 44 W 8 ~ 62'38' i ~ P,B,9, 20' ~ 181.55' _ 150.00~ GENERAL NBTES ' S.00'19'10"W' 201.55~ 1) P.B,C, indicates Poin~ oF Commencemen~ P,B.C, e) P,B,B, indicates Point oF Beginning ......... 3) Sec. indica~es Section E X H I B I"f 4) Twp. Indicates Township 5) Rge. indica~es Range ..... · 6) R/~ indic~es Right-oe-way ~ 7) AU distances ~re in ~eet ~nd decimals ~hereoF 8) 9~sis o~ ~e~rings is ~he ~est Line oF Tract ~4 being N.OO'~9'~O'E, 9) Not v~Lid unless stgned and sealed with ~he embossed se~L o~ ~he proFessionaL Lend surveyor THIS IS ONLY A SKETCH NBT TB 0~-07-97 140 SHE~ 2 OF 2 SCALE .... OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3411~l (941) 774-8192 PROJECT NO. TAX PARCEL NO.. ~g3ql gnnnn~ · SK~CH OF LEGAL DESCRIPTION (NOT A SURV~) road rlght o~ wa~, sidewalk, utlllty, ~ralnage & maintenance BEGS'AT ~ ~ OF ~RSEC~ON OF ~ NOR~ ~O~ OF WAY L~ OF Pl ~GE RO~ (C-896) ~ ~ EAST ~O~ OF WAY L~ OF L~ BO~EV~; ~NCE NOR~ 0 DEG~ES 19 ~~S 10 SECO~S E~T ~ONG S~ E~T ~G~ OF WAY L~ OF L~ BO~EV~, A DIST~CE OF 38.00 EET; ~NCE LEA~G S~ E~T ~G~ OF WAY L~ SO~ 40 DEnS 58 ~S 19 SECO~S E~T, A DIST~ OF 50.62 ~ET TO ~ NOR~ OF WAY L~ OF S~ P~ ~ RO~; ~N~ NOR~ 89 DEG~ES 37 ~S 45 SECO~S ~ST ~ONG S~ NOR~ ~G~ OF WAY L~ OF P~ ~E RO~, A DIST~ OF 33.40 ~ TO ~ ~l~ OF BEG~G; S~ DESC~ED ~CT CO~A~G 0.015 A~ (635 SQUARE ~ET), MO~ OR LESS. BASIS OF BE~GS IS ~ NOR~ ~G~ OF WAY L~ OF P~ ~E RO~ BErG NOR~ 89 DEG~ES 37 ~S 45 SECO~S ~ST. PARCEL 141 I EXHmBiT Y:' ~ R. RIC MO D ' P~SSIONAL ~ND SURVEYOR ~2406 ~ - ' OFFICE OF CAPITAL PROdECTS COLLIER COUN~ GOVERNMENT COMPLEX 330~ E TAMIAMI TRAIL NAPLES~ FLORIDA 34112 ,,, D~WN BY: CHICKID ~: SCA~: DAT[: F~ NO.: SHEET OF OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ' 50.00' TRACT 18 O /.40"58'19"E.u] ' 50.62' ~:DI c~ 3 40' .,-- . 0 :~1 N.89'37'45"W. PINE RIDGE ROAD I ~F PARCEL 141 GENERAL NDTES 1) P,D,C, indico~es Poin~ oF CoMmencemen~ ;P) P.O.B. indicc~tes Point oF Beginning E X H I El ! 3) Sec. indicc~tes Section 4) Twp, Indicates Township 5) Rge. indico±es Range p ..... ' .... 6) R/~/indicates Right-or-way 7) ALL distances ere in eeet and decimats ~hereo~ 8) Basis o~ Bearings is the North R/~/Line Pine Ridge Road being N.89°37'4.5'~/. 9) Not v~lid unless signed and sealed with the embossed seat oF the proFession~t land surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED 131": SCALE: DATE: FILE: NO.: N[]T TFI SHEET 2 OF 2 SCALE 08-13-97 141 May 11, 1999 Item #8B6 RESOLUTION 99-229 CREATING THE GOLDEN GATE PARKWAY WATER AND WASTEWATER MSBU DISTRICT - ADOPTED 8(B)(6) is the Golden Gate Parkway water and wastewater MSBU. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER BERRY: Second it. Because we've already discussed this, I think. CHAIRWOMAN MAC'KIE: I thought so. Registered speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Motion and a second. Discussion on the motion? All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 66 COLLIER COUNTY, FLORIDA INITIAL ASSESSMENT RESOLUTION FOR THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE BENEFIT UNIT ADOPTED ON Nay 11 . ., 1999 TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.01. DEFINITIONS 3 SECTION 1.02. INTERPRETATION 6 SECTION 1.03. GENERAL FINDINGS. 6 ARTICLE II NOTICE AND PUBLIC HEARING SECTION 2.01. ESTIMATED CAPITAL AND PROJECT COST 7 SECTION 2.02. ASSESSMENT ROLL 7 SECTION 2.03. PUBLIC HEARING 7 SECTION 2.04. NOTICE BY PUBLICATION 7 SECTION 2.05. NOTICE BY MAIL 7 ARTICLE III ASSESSMENTS SECTION 3.01. DESCRIPTION OF PROPOSED PROJECT AND BENEFIT AREA 8 SECTION 3.02. IMPOSITION OF CAPITAL ASSESSMENTS 8 SECTION 3.03. APPORTIONMENT 8 SECTION 3.04. PREPAYMENT AMOUNTS 8 SECTION 3.05. COMPUTATION OF ANNUAL CAPITAL ASSESSMENTS 9 SECTION 3.06. INITIAL PREPAYMENT OPTION 10 SECTION 3.07. ADDITIONAL PREPAYMENT OPTION 10 SECTION 3.08. MANDATORY PREPAYMENT 11 SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION 11 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. 12 SECTION 4.02. SEVERABILITY. 13 SECTION 4.03, EFFECTIVE DATE, 13 APPENDIX A - FORM OF PUBLISHED NOTICE APPENDIX B - FORM OF MAILED NOTICE 2 RESOLUTION NO. 99-229 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE CONSTRUCTION OF A WATER LINE AND RELATED WATER FACILITIES PLUS A WASTEWATER LINE AND RELATED WASTEWATER FACILITIES NEEDED TO FACILITATE THE AVAILABILITY OF WATER AND WASTEWATER SERVICE FROM FLORIDA GOVERNMENT UTILITY AUTHORITY TO SERVICE (11 ) LOTS ON THE SOUTH SIDE OF GOLDEN GATE PARKWAY EAST FROM SANTA BARBARA BOULEVARD TO 53RD STREET SOUTHWEST; DETERMINING THE ESTIMATED CAPITAL AND PROJECT COST OF THE WATER AND WASTEWATER FACILITIES; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE CONSTRUCTION OF WATER AND WASTEWATER FACILITIES; ESTABLISHING THE METHOD OF ASSESSING THE COST OF CONSTRUCTING THE WATER AND WASTEWATER FACILITIES AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED THEREBY; ESTABLISHING OTHER TERMS AND CONDITIONS OF THE ASSESSMENTS; DIRECTING THE COUNTY ADMINISTRATOR TO PREPARE A TENTATIVE ASSESSMENT ROLL BASED UPON THE METHODOLOGY SET FORTH HEREIN; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENTS AND THE METHOD OF THEIR COLLECTION; DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.01. DEFINITIONS. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires. "Adjusted Prepayment Amount" means the amount required to prepay the Capital Assessment for each Tax Parcel located in the Benefit Area (1) following issuance of the Original Obligations, as computed pursuant Section 3.04(B) hereof and revised annually pursuant to Section 3.05(H) hereof, and (2) following issuance of any Refunding Obligations, as computed pursuant Section 3.04(C) hereof and revised annually pursuant to Section 3.05(H) hereof. "Annual Debt Service Component" means the amount computed for each Tax Parcel pursuant to Section 3.05(E) hereof. "Annual Debt Service Factor" means the factor computed pursuant to Section 3.05(D) hereof. "Assessment" means the sum of the Capital Assessment for any Tax Parcel. "Assessment Roll" means a non-ad valorem assessment roll for the Capital Assessments within the Benefit Unit. "Benefit Area" means that portion of the Golden Gate Parkway Municipal Service Taxing and Benefit Unit located within the proposed Golden Gate Parkway Benefit Area, as described in Section 3.01 hereof. "Board" means the Board of County Commissioners of Collier County, Florida. "Capital Assessment" means an annual special assessment imposed against property located within the Benefit Area to fund the Project Cost of Water and Wastewater Facilities to serve the Benefit Area and related expenses, computed in the manner described in Section 3.05 hereof. "Capital Cost" means all or any portion of the expenses that are properly attributable to the acquisition, design, construction, installation, reconstruction, renewal or replacement (including demolition, environmental mitigation and relocation) of the Water and Wastewater Facilities and imposition of the Capital Assessments under generally accepted accounting principles; and including reimbursement to the County for any funds advanced for Capital Cost and interest on any interfund or intrafund loan or other external loan mechanisms for such purposes. "Collection Cost" means the estimated cost to be incurred by the County during any Fiscal Year in connection with the collection of Assessments. To include but not limited to Property Appraiser and Tax Collector fees, annual costs of updating and administering the assessment roll, and maximum discounts allowed for early payment under the Uniform Assessment Collection Act. "County" means Collier County, a political subdivision of the State of Florida. "County Administrator" means the chief executive officer of the County, designated by the Board to be responsible for coordinating special assessments, or such person's designee. "Debt Service Amount" means the amount computed pursuant to Section 3.05(A) hereof. "Final Assessment Resolution" means the resolution described in Section 3.05 of the Ordinance that imposes Assessments within the Benefit Area. "Fiscal Year" means the period commencing on October I of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. "Funding Agreement" means the agreement pursuant to which the County agrees to deliver the Obligations against payment therefor by the purchaser or underwriter of such Obligations. "Initial Prepayment Amount" means the amount computed pursuant Section 3.04(A) hereof for each Tax Parcel located in Benefit Area to prepay the Capital Assessment prior to issuance of the Original Obligations. 4 "Local Improvement" means a capital improvement constructed or installed by the County for the special benefit of a neighborhood or other local area, for which special assessments may be imposed pursuant to the Ordinance. "Maintenance Cost" means all expenses that are properly attributable to maintenance of the water and wastewater facilities under generally accepted accounting principles. "Modified Debt Service Amount" means the amount computed pursuant to Section 3.05(C) hereof. "Obligations" means Original Obligations or Refunding Obligations. "Ordinance" means Ordinance No. 98-45. "Original Obligations" means a series of bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the County issued or incurred to finance any portion of the Project Cost of the Water and Wastewater Facilities and secured, in whole or in part, by proceeds of the Capital Assessments. "Prepayment Modification Factor" means the factor computed pursuant to Section 3.05(B) hereof. "Project Cost" means (A) the Capital Cost of the water and wastewater facilities, (B) the impact fees or system development charges as required by the water and wastewater provider, (C) the Transaction Cost associated with the Obligations attributable to the Water and Wastewater Facilities, (D) interest accruing on such Obligations for such period of time as the County deems appropriate, (E) the debt service reserve fund or account, if any, established for the Obligations attributable to the Water and Wastewater Facilities, and (F) any other costs or expenses related thereto. "Property Appraiser" means the Collier County Property Appraiser. "Refunding Obligations" means a series of bonds or other evidence of indebtedness including but not limited to, notes, commercial paper, capital leases or any other obligations of the County issued or incurred to refund all or any portion of the Original Obligations or any indebtedness issued to refinance the Original Obligations. "Related Service" means the operation and maintenance of a Local Improvement. "State" means the State of Florida. "Statutory Discount Amount" means the amount computed for each Tax Parcel pursuant to Section 3.05(F) hereof. "Tax Parcel" means a parcel of property to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Transaction Cost" means the costs, fees and expenses incurred by the County in connection with the issuance and sale of any series of Obligations, including but not limited to (A) rating agency and other financing fees; (B) the fees and disbursements of bond counsel; (C) the underwriters' discount; (D) the fees and disbursements of the County's financial advisor; (E) the costs of preparing and printing the Obligations, the preliminary official statement, the final official statement, and all other documentation supporting issuance of the Obligations; (F) the fees payable in respect of any municipal bond insurance policy; (G) administrative, development, credit review, and all other Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.08. MANDATORY PREPAYM ENT. (A) If at any time a tax certificate has been issued and remains outstanding in respect of any Tax Parcel subject to the Capital Assessment, the owner shall prepay all future unpaid annual Capital Assessments for such Tax Parcel if the County, at its sole option, elects to accelerate the Capital Assessment. The amount required to prepay the future unpaid annual Capital Assessments will be equal to the sum of (1) the Adjusted Prepayment Amount for such Tax Parcel, and (2) interest on the Adjusted Prepayment Amount, computed at a rate one full percentage point in excess of the rate on the Obligations, from the most recent date to which interest on the Obligations has been paid to the next date following such prepayment on which the County can redeem Obligations after providing all notices required to redeem all or any portion of the Obligations. (B) During any period commencing on the date the annual Assessment Roll is certified for collection pursuant to the Uniform Assessment Collection Act and ending on the next date on which unpaid ad valorem taxes become delinquent, the County may reduce the amount required to prepay the future unpaid annual Capital Assessments for the Tax Parcel by the amount of the Capital Assessment that has been certified for collection with respect to such Tax Parcel. (C) The amount of all prepayments made pursuant to this Section 3.08 shall be final. The County shall not be required to refund any portion of a prepayment if (1) the Capital Cost of the Water and Wastewater Facilities is less than the amount upon which such Adjusted Prepayment Amount was computed, or (2) annual Capital Assessments will not be imposed for the full number of years anticipated at the time of such prepayment. SECTION 3.09. REALLOCATION UPON FUTURE SUBDIVISION. (A) Upon subdivision of any Tax Parcel located within the Benefit Area that is subject to the Capital Assessment, and compliance with the conditions set forth below, the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel) shall be reallocated among the subdivided parcels. (B) In order to have the Initial Prepayment Amount for such Tax Parcel (or, if the Obligations have been issued, the Adjusted Prepayment Amount for such Tax Parcel) reallocated in connection with any such subdivision, the owner shall be required to apply to the County and comply with each of the following conditions: (1) a recorded plat, approved site plan or comparable document must be provided to the County sufficient in detail to describe adequately the location of the Tax Parcel and the individual parcels in the proposed subdivision; (2) the Property Appraiser must have assigned distinct ad valorem property tax identification numbers to each individual subdivided parcel or committed in writing to assign such numbers prior to the next ensuing August 1 or any later date approved by the County that will not prevent timely certification of the Assessment Roll in 11 accordance with the Uniform Assessment Collection Act; (3) at the expense of the property owner, an appraisal must be provided by a County-approved "certified general appraiser," as defined in Section 475.611 (g), Florida Statutes, which indicates the fair market value of the Tax Parcel prior to the subdivision and the fair market value of each individual subdivided parcel; in determining the fair market value of the individual subdivided parcels, the appraiser may take into consideration any infrastructure improvements that are then under construction if funds sufficient for their completion are secured to the satisfaction of the County Attorney; (4) a proposed reallocation of the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) to each individual parcel must be provided to the County; provided however, that no portion of the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) may be reallocated to property proposed for dedication to the public or to common use of the subdivided parcels; (5) the fair market value of each separate parcel after the subdivision must be at least five times the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) reallocated thereto; and (6) the property owner shall pay an assessment reallocation fee to the County for each individual parcel resulting from the subdivision, in an amount to be established by resolution of the Board of County Commissioners. (C) If the owner of any Tax Parcel subject to the Capital Assessment subdivides such 'Tax Parcel and fails to comply with the foregoing conditions, the County shall reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) among the subdivided parcels, based upon the land value, without improvements, assessed to each subdivided parcel by the Property Appraiser. At its sole option, the County may obtain an appraisal of the subdivided parcels at any time and reallocate the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) based upon the land value, without improvements, reflected in the appraisal. If an appraisal is obtained, the cost of the appraisal will be allocated among the subdivided parcels on the basis of the value reflected therein and added to the Capital Assessment for each subdivided parcel in the Fiscal Year following receipt of the appraisal. The Board legislatively finds and determines that the foregoing method of reallocating the Initial Prepayment Amount (or, if the Obligations have been issued, the Adjusted Prepayment Amount) among subdivided parcels is fair and reasonable, taking into consideration the opportunity for reallocation available to the owner and the requirement to provide adequate security for the Obligations. ARTICLE IV GENERAL PROVISIONS SECTION 4.01. METHOD OF COLLECTION. The Assessments shall be collected pursuant to the Uniform Assessment Collection Act. SECTION 4.02. SEVERABILITY. If any clause, section or provision of this Resolution shall be declared unconstitutional or invalid for any reason or cause, the remaining portion of said Resolution shall be in full force and effect and be valid as if such invalid portion thereof had not been incorporated herein. SECTION 4.03. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this//,-6t. day of ~, 1999. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) .:"~ ,DWIGHT E.' BRObK, CLERK Approved iS to le~tl form and Sufficiency ~avid C. Weigei ~ ~ ' County Attorney 13 APPENDIX A FORM OF NOTICE TO BE PUBLISHED To Be Published [INSERT MAP OF BENEFIT AREA] NOTICE OF HEARING TO IMPOSE AND ' PROVIDE FOR COLLECTION OF SPECIAL ASSESSMENTS IN THE GOLDEN GATE PARKWAY BENEFIT AREA Notice is hereby given that the Board of Commissioners of Collier County will conduct a public hearing to consider creation of the Golden Gate Parkway Municipal Service Benefit Unit, as shown above, and imposition of special assessments for the construction of water and wastewater facilities. The hearing will be held at [insert time] on [insert date], in the [insert location], for the purpose of receiving public comment on the proposed Benefit Area and assessments. All affected property owners have a right to appear at the hearing and to file written objections with the County Commission within 20 days of this notice. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the County Administrator at [insert telephone numbed at least seven days prior to the date of the hearing. The assessment for each parcel of property will be based upon a per lot basis. The geographic area of each parcel of property is set forth in the Initial Assessment Resolution adopted by the County Commission on [insert date]. Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for inspection at the office of the County Administrator, located at [insert address]. The assessments will be collected on the ad valorem tax bill, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The County Commission intends to collect the assessments in [insert number] annual installments, the first of which will be included on the ad valorem tax bill to be mailed in November 1999. If you have any questions, please contact the County Administrator at [insert telephone numbed. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 14 APPENDIX B FORM OF NOTICE TO BE MAILED [INSERT NAME OF COUNTY OR DEPARTMENT, ADDRESS AND PHONE] [insert date] [Property Owner Name] [Street Address] [City, State and zip] Re: Parcel Number [Insert Number] Golden Gate Parkway Benefit Area Dear Property Owner: As you should be aware, the Board of County Commissioners is considering creation of the Golden Gate Parkway Municipal Service Benefit Unit for the construction of water and wastewater facilities. The cost of the water and wastewater facilities will be funded by assessments against property within the Benefit Area. The assessment for each parcel of property is based on a per lot basis. The geographic area of each parcel of property is set forth in the Initial Assessment Resolution adopted by the County Commission on [insert date]. Copies of the Initial Assessment Resolution and the preliminary Assessment Roll are available for your review at the offices of the County Administrator, located at [insert address]. Information regarding the assessment for your specific property is attached to this letter. The County intends to issue debt to finance this assessment project. This will permit the capital cost attributable to your property to be amortized over a period of [insert numbed years. However, on or prior to the thirtieth calendar day following the date on which the County adopts the final assessment resolution, you may choose to prepay your assessment in full ($ to cover your share of the capital cost) and avoid the additional financing cost. If you do not choose to prepay on or prior to the thirtieth calendar day following the date on which the County adopts the final assessment resolution, the amount necessary to pay your assessment in full will be increased by your share of the financing cost. The annual assessment will include your share of the principal, interest, collection cost, and the maximum discount allowed for early payment under the Uniform Assessment Collection Act. The maximum annual assessment is estimated to be $ per lot. However, the actual annual assessment cannot be determined until the debt is secured and then the assessment may be lower. The County intends to include annual assessments on your ad valorem tax bill. Failure to pay your assessments will cause a tax certificate to be issued against the property which may result in a loss of title. The Board of County Commissioners will hold a public hearing at [insert time] on [insert date], in the [insert location], for the purpose of receiving comments on the proposed Benefit Area and the assessments, including collection on the ad valorem tax bill. You am invited to attend and participate in the hearing. You may also file written objections with the County Commission prior to or during the hearing. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the County Administrator at [insert telephone numbed at least seven days prior to the date of the hearing. Questions regarding your assessment and the process for collection may be directed to [Insert name and telephone numbed. [INSERT NAME OF COUNTY OR DEPARTMENT] * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * Golden Gate Parkway Municipal Service Benefit Unit [Property Owner Name] Parcel Number [Insert Number] Prepayment amount before loan is issued (no financing cost): [Insert Amount] Prepayment amount after loan is issued (includes financing cost): [Insert Amount] Number of annual payments for capital cost: [Insert Numbed Maximum annual payment for capital cost: [Insert Amount] Expected date of first bill: November 1999 * * * * * SEND NO MONEY NOW. THIS IS NOT AN INVOICE * * * * * May 11, 1999 Item #8Cl RESOLUTION 99-230 CREATING A COLLIER COUNTY COMITY HEALTH CARE COMMITTEE - ADOPTED WITH CHANGES 8(C)(2), creation of the health care committee. I could hopefully move this one. This is the issue that we discussed at our -- I'm sorry, 8(C)(1), Collier County Community Health Care Committee. This is the item we discussed at our workshop that says we were going to ask the proriders of health care in the community to join together in a -- COMMISSIONER BERRY: I don't have it. CHAIRWOMAN MAC'KIE: You don't have that one? 8(C)(1). COMMISSIONER CONSTANTINE: It is in my packet. CHAIRWOMAN MAC'KIE: It's in mine. COMMISSIONER NORRIS: It is? COMMISSIONER BERRY: It's not in my packet. COMMISSIONER NORRIS: It's not in my packet. COMMISSIONER BERRY: I've got 8(C)(2), but I don't have this one. I go directly to -- CHAIRWOMAN MAC'KIE: No, that's right. MR. FERNANDEZ: They were in reversed order in my packet. CHAIRWOMAN MAC'KIE: There you go, 8(C)(1) is after 8(C)(2). COMMISSIONER NORRIS: Okay. All right. COMMISSIONER BERRY: Gotcha. CHAIRWOMAN MAC'KIE: This has a resolution that I think everybody could agree with the wording. It basically says let's study what is the health care need in this county and see what solutions are available with tax dollars being the last possible resort. COMMISSIONER CONSTANTINE: Particularly with that last part emphasized, I like it. The one thing we ought to be careful of is we've been taking a little bit of criticism for the makeup of our future development issues committee. And it's only natural that those who are professionals in that industry are going to serve. Same thing is true here. We have a number of professionals from the health care industry, which we should, but we probably want to try to balance that out with some John Q. Public as part of that, and I just hope that this resolution doesn't prohibit that or doesn't in any way discourage that. CHAIRWOMAN MAC'KIE: I don't think it prohibits it. Certainly we could -- if you have specific nominations today or if you want to advertise for interested consumers, that might be a good idea. COMMISSIONER CONSTANTINE: Just because almost all of these are dealing with health care in one way or another, it might be nice to have that fresh perspective from people who are just regular everyday folks. CHAIRWOMAN MAC'KIE: Dr. Konigsberg, any thoughts on that? DR. KONIGSBERG: Well, I agree with Commissioner Constantine. I think it would help to round this committee out with some people who don't have a direct interest in the health care system, and we would be eager to do that, actually, either by adding other names officially, or at least bringing people in for various discussion, or both. COMMISSIONER NORRIS: Doctor, would you tell that lady who you are? Page 67 May 11, 1999 DR. KONIGSBERG: Yes, I'm Dr. Charles Konigsberg, director of the Collier County Health Department. COMMISSIONER CONSTANTINE: I'll make a motion that we approve this item, reemphasizing Commissioner Mac'Kie's point of adding any new tax being a last resort, and also adding three positions and perhaps giving direction to advertise for those three positions, just for general public numbers, so serve in addition to those health care provider community leaders and advisors that serve -- that appear in the resolution. COMMISSIONER NORRIS: Could you repeat that? COMMISSIONER CONSTANTINE: No, I couldn't. COMMISSIONER NORRIS: I'll second it then. CHAIRWOMAN MAC'KIE: Is there any -- other registered speakers on this item? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: Discuss on the motion? All in favor, say aye. Opposed? CHAIRWOMAN MAC'KIE: Passes unanimously. The next -- COMMISSIONER NORRIS: The afternoon is much more congenial than the morning. Page 68 MAY il 1999 RESOLUTION NO. 99-230 A RESOLUTION ESTABLISHING THE COIJ_]ER COUNTY COMMUNITY HEALTH CARE REVIEW COMMITTEE FOR THE PURPOSE OF REVIEWING EXISTING HEALTH CARE SYSTEMS IN COLLIER COUNTY; TO DETERMINE IF ADEQUATE ACCESS AND HEALTH CARE IS AVAILABLE TO ALL OF THE RESIDENTS OF COLLIER COUNTY AND IF NOT TO RECOMMEND ACTIONS THAT MIGHT BE TAKEN TO ADDRESS ANY LAPSES IN ACCESS OR COVERAGE WHEREAS, all health care provided directly to this community with the exceptions of certain limited care provided to very limited populations by the Collier County Health Depathnent are provided through private health care providers, and IITHERF~, there is no oversight of the many different health care systems to ensure that all of Collier County's residents have adequate access to affordable health care, and WHEREAS, the Collier County Commission during its annual strategic planning sessions discussed and agreed to consider impaneling a committee of interested area agencies, health care proriders and community leaders to review this subject for a fixed one year period. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, that: SECTION ONE. Creation of the Ad Hoc Collier County Community Health Care Committee. Pursuant to the provisions of Collier County Ordinance No. 86-41, as amended, the Board of County Commissioners hereby creates the C911ier County Community Health Care Committee as an ad-hoc advisory committee for a period of not to exceed one (1) year from the date of this Resolution. SECTION TWO. Appointment of Member~ and Failure to Attend Meetings. The following members are hereby appointed to the Collier County Community Health Care Committee: Health Care Providers: Naples Community Hospital Cleveland Clinic Collier County Medical Society Senior Friendship Center Neighborhood Health Clinic, Inc. David Lawrence Center Florida Nurses Association, District 29 Retired Physicians Association Community Leaders: Collier County Medical Alliance Chamber of Commerce Economic Development Council Collier County Public Schools Health and Human Services Board for Department of Children and Families League of Women Voters City of Naples City of Marco Island 3 Citizens At Large Advisors: Health Planning Council of Southwest Florida Mental Health Association Collier County Health Department Healthy Kids Council If any member of the Collier County Health Care Committee is absent from two (2) or more consecutive meefngs without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners. HAY 11 1999 SECTION THREE. Officers; Quorum; Compensation. The officers of the Collier County Community Health Care Committee shall be elected by the membership of the Committee and shall include a Chairman and Vice-Chairman. The presence of eight or more members shall constitute a quorum. The Collier County Community Health Care Committee may adopt rules of procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR. Functions, Powers and Duties of the Collier County Community Health Care Committee. The functions, powers and duties of the Collier County Community Health Care Committee shall be to examine the existing health care systems in place for all Collier County populations, to determine if in the opinion of the committee there is adequate access and care for the different populations, and if it is determined that there is insufficient access or care, the committee shall review the options for correcting such gaps and make recommendations in the form of a final report to the Board of County Commissioners. When looking at proposed options for any shortfall in access or care, improved use of existing resources shall be the preferred option considered. The committee shall pay particular attention to preventive and primary care services since these offer the greatest potential for cost savings as well as potentially represent the major issues with regard to access. When reviewing any funding opportunities that may be a part of any proposed solution, the use of existing health care funding sources, and/or private funding shall be considered before tax funds of any sort. All meetings of the Collier County Community Health Care Committee shall be open to the public and shall be govemed by the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to the location, time and subiect matter of the meetings. , · TJais Resolution adopted this/]'~day of ~ cU.,_ ,1999 after motion, second r ApProved as to form and legal sufficiency: D~vi~l C. Weigel ' ' /_,.) ' County Attorney May 11, 1999 Item #8C2 AUTHORIZATION TO NEGOTIATE THE SALES PRICE OF PROPERTY ADJACENT TO THE GOLDEN GATE COMITY CENTER AND APPOINTMENT OF A COMMISSIONER TO ACT AS A LIAISON TO ASSIST WITH THE NEGOTIATION OF THE PRICE - STAFF RECOMMENDATION APPROVED AND COMMISSIONER CONSTANTINE TO HANDLE NEGOTIATIONS CHAIRWOMAN MAC'KIE: The next item is 8(C)(2), which is negotiating acquisition of property near the Golden Gate Community Center. MR. OLLIFF: Yes, ma'am. Good afternoon. For the record, Tom Olliff, public services administrator. That's 8(C)(2), which is in front of 8(C)(1) in your agenda packet. The item is a request actually from the Golden Gate Community Center Advisory Board to the County Commission that we pursue at least trying to determine what the asking or sales price of the 7.5 acre piece of -- parcel of land, adjacent to by divided by a roadway, the Golden Gate Community Center Property. It is currently vacant. It is for sale. In all likelihood will not be available for long. I think it's one of those rare opportunities that we have to be able to try and at least see if there's an opportunity to save some green space in the middle of what will ultimately be a completely urbanized Golden Gate City area. CHAIRWOMAN MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: I would like to move that we approve this authorization and nominate Commissioner Constantine to be the commissioner to handle the negotiations. CHAIRWOMAN MAC'KIE: It's your district, right? Makes perfect sense. COMMISSIONER BERRY: I'll second that. CHAIRWOMAN MAC'KIE: Are there registered speakers on this item? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Further discussion on the motion? If not, all in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8C3 AGREEMENT FOR SALE AND PURCHASE FOR THE PURPOSE OF ACQUIRING TRACT "D" OF ROBERTS RIDGE, ROBERTS RANCH, IMMOEALEE - APPROVED WITH STIPULATIONS 8(C)(3) hopefully will be another unanimous support for acquisition of the Roberrs Ranch museum property. MR. OLLIFF: The handout material that I gave you is in response to a request from Commissioner Constantine, actually, which I received late yesterday afternoon, so I apologize for handing it out now, but it was just this morning that we got the information together. And it is, frankly, the executive summary and the minutes from the original time this item was presented to the board, as there were some questions regarding the pricing of the property. And I've tried to go through both the executive summary and the Page 69 May 11, 1999 minutes to highlight at least the areas which were not frequent, but the few areas where the actual price was discussed on the piece of property. I think the board's eminently familiar with the piece of property. We've talked about it twice since October of 1998. It is tract D of what is known as the Roberts PUD. The board had originally directed that staff go back and approach the family with the idea of purchasing tract D at what was then just an estimated asking price of $500,000. COMMISSIONER CONSTANTINE: Can I ask a question? I'm sorry to interrupt, but my recollection of discussions on that were at the time the sellers came forward and had said -- they were in the front row before -- and said that they thought they had an offer from Winn Dixie of 600,000 but they would prefer to see it maintained and restored by the county, and they'd be willing to take 500, even though they had this other offer for 600. Which at the time I raised this kind of an odd thing that you just give away $800,000. But they said no, our preference -- the family's preference is really to see this property taken care of rather than commercially developed. And I'm wondering, it appears that price has gone up now. And I'm just wondering if my recollection is correct, or if I've somehow distorted my memory on what our discussions were with that. CHAIRWOMAN MAC'KIE: And maybe it would be helpful to -- I see Mr. Townsend, who's been the spokesperson -- COMMISSIONER CONSTANTINE: That's who I was looking for. He was in the front. CHAIRWOMAN MAC'KIE: -- for the family, to ask him to go ahead -- MR. TOWNSEND: I got in late, sorry. CHAIRWOMAN MAC'KIE: For the record, please, identify yourself. MR. TOWNSEND: For the record, I'm Dallas Townsend. I am representing the Roberts family trust today. The family did want to see the county own this parcel of property to go with the original gift that they gave to the county. But there was never any discussion where they would accept $100,000 drop in the price. They had an offer from Winn Dixie of $600,000 prior to the county ever taking action to get into the game, and so they had to entertain that offer. But there was never any discussion that I'm aware of where they were willing to accept the lower price. Because they have about 18 heirs that they've got to answer to before they make a decision on that. CHAIRWOMAN MAC'KIE: So we were offering, but we hadn't got any indication -- MR. TOWNSEND: Exactly. CHAIRWOMAN MAC'KIE: -- from them. COMMISSIONER CONSTANTINE: Just as far as your recollection of all the discussions, Mr. Olliff, do you recall that ever being part of the discussion? MR. OLLIFF: Actually, in going back and researching, because there were a number of issues and back and forths on this piece of property, the way it appears that it occurred was that there was originally an offer that we were led to believe was about $425,000 or so on the table from a private development corporation. The county then offered 500,000, and immediately thereafter that private development offer increased to 600,000. So at that point the family had $100,000 higher offer than the County Commission had Page 70 May 11, 1999 authorized. In return, then the family still I think honestly wanting the county to own it and hold the historic value in check, turned around and made the counter offer to have the county consider not only tract D but tract D and C at the 1.1 million dollar price. That was rejected by the County Commission. And we went back and tried to get an answer to our original question, was would you accept a $500,000 offer on tract D. The family has responded officially with a signed contract saying no, that they are only willing to consider an offer of 600,000. COMMISSIONER CONSTANTINE: And just to be clear, the other $600,000 offer that had come from a private entity is no longer on the table, to the best of our knowledge? CHAIRWOMAN MAC'KIE: Mr. Townsend? MR. TOWNSEND: I can answer that. Yes, they have -- let me back up. They have a contract that will be executed probably Monday for tract C. But in their contract, they have the covenant that if the county does not buy tract D, they will switch the contract to tract D for the price of $600,000. CHAIRWOMAN MAC'KIE: So the -- your purchaser on tract C would prefer to purchase tract D? MR. TOWNSEND: Yes. But they're willing to take C. And they recognize the family's desire for the county to own tract D, so they've stepped aside. It's a different buyer, it's not Winn Dixie. CHAIRWOMAN MAC'KIE: This is not maybe not even particularly relevant, Mr. Townsend, but I'm prone to ask those questions anyway. I've heard stories that this is not -- these 18 heirs aren't going to be making a fortune off of this. This is basically a land rich or land poor, however you want to say it, that this -- the sale of this property's going to have a lot to do with paying the estate taxes for inheriting this property? MR. TOWNSEND: For about three of the base families. There was nine children of the original Roberrs family, and three of those do have some estate issues they've got to address, and so the funds from this sale are -- is going to help alleviate that. It won't solve all but one of them, but it will help alleviate at least one of them. CHAIRWOMAN MAC'KIE: And the proposal that you have in front of us, Mr. Olliff, is that we offer 600,000. But we don't have the statutory right to purchase it for 600 unless it appraises at 600, right? MR. OLLIFF: Correct. CHAIRWOMAN MAC'KIE: We have to get appraisals and average those? MR. OLLIFF: Legally we have to go out and get two appraisals, come back to you at the price of the appraisals. If the average price of those appraisals Is higher than this, you can purchase it at 600. If it comes in lower than that, it takes a super majority of the board if you still want to pay the $600,000 price. MR. TOWNSEND: And I might speak on behalf of the family. They have made the commitment that if the appraisal price did come in higher than the 600, which they're confident it will, they will donate the difference. MR. OLLIFF: I will tell you, the last in-house appraisal that the real property staff did was roughly $750,000 on the parcel. And recently there have been some additional sales on Main Street that were frankly a lot higher than the acreage price that we're looking at here. Page 71 May 11, 1999 COMMISSIONER NORRIS: So what we're really looking at today is just authorizing the appraisal process? MR. OLLIFF: No, you're actually looking at executing a purchase contract for tract D, which would then put in motion the steps of having the two appraisals done, having the environmental assessment work done. And should all that come in like we think it will, then you would have already authorized the purchase of the property. COMMISSIONER CONSTANTINE: And if we -- COMMISSIONER NORRIS: Contract start a contingent on those -- MR. OLLIFF: Correct. CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: If we went ahead, what is the intended plan, intended use, and when will we do that work on the property? MR. OLLIFF: Well, there's a great deal of restoration work to be done on the property. It's probably going to be in excess of a million dollars to restore the buildings that are there. Now, we have always intended to try, if this project were approved, to go get the historical state grant funds that we did for Everglades City, using the county's purchase of tract D as matching funds. So you can usually get a 50/50 match out of the state for whatever the local government has contributed. In addition, we also own the tract E site, which has value as well. We hold that in hand and can use that as matching funds. In terms of the property itself, there is a remote possibility -- in fact, we had a meeting this week to look at part of the community's trust grant monies, which is a cousin of P-2000, if you will, and there is a historic category there which we would also plan to make application for and try and get the county reimbursed for its purchase price on the property, but we won't know that for a year from now. COMMISSIONER CONSTANTINE: And the source of all funds for this is? MR. OLLIFF: That's the difficult decision the board has to make. The immediate source of funds would have to be general fund. There is no immediate source of funds that we can put towards this purchase other than moving monies out of the general fund reserve. Your current general fund reserve balance is just in excess of 5.5 million dollars. You have the opportunity to use tourist development tax monies to repay the general fund, if that's the desire of the board, but you would then have to amend the ordinance again to increase the percentage allocated to the museum, your category C category. And you could do that based on annual incomes and a number of term payment back to the general fund. Or your other choice is simply to try and shoot for the community trust grant funds. COMMISSIONER CONSTANTINE: One final question. I'm sorry. If we do the tourist development funds, does that prohibit us from pursuing the other grant funds? MR. OLLIFF: No, sir. COMMISSIONER CONSTANTINE: Because it seems to me that one of the issues that has been trumpeted as a purpose for this is not only just saving the historical value, it will bring people to the area. People will visit and so on. And if we have the opportunity to do that via the tourism funds, I'd be much more supportive. Because my problem doing out of general funds three weeks before we do the budget cycle is we're not comparing it to every other Page 72 May 11, 1999 priority that we have for general funds. If we're looking at tourism funds as it seems like, you know, it may be a very good thing. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: It don't seem to me that we have the options then is what I'm hearing from you, Mr. Olliff. To TDC funds we have possible grant funds and it becomes a repayment process. It's like a loan from the general fund to do this, and we can do a payback; therefore, not disrupting the general fund process. And I would be very supportive if we could go in that direction. CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Did not the TDC support this with the idea if we supported the third penny? MR. FERNANDEZ: Right. CHAIRWOMAN MAC'KIE: Absolutely. The TDC supported acquisition of this property with tourist tax money if the third penny were retained. John, Tim. No pressure. But they did. Do we have speakers? MR. FERNANDEZ: Yes, we do. First two speakers are Maria Stone and Chalmers Yeilding. MS. STONE: For the record, I'm Maria Stone, 45-year veteran teacher, and now I write folk history of Collier County. And it's not good morning any more, honorable commissioners, Madam Chairman. In its beginning, our country's early pioneers were basically farmers and ranchers. In our fast-forward technology, we have lost contact with that beginning lifestyle. At least two generations have had little or no contact with it. In our county got contact with our past is the Roberts Ranch. Dear commissioners, you have a chance to preserve the most important connection back to early ranch and citrus life in our county. Once again, I urge you to secure the Roberts Ranch for today's children, for future generations, and we must preserve the past for the future. Aside from that, this past week I attended a state convention in Sarasota. In our ditty bag were some folders such as this. Many things about Sarasota and all their lovely things that they have to see. But there was one that took my eye, and it was Southwest Florida special attractions. And I was amazed to see that Teddy Bear Museum is in there, Naples Princess is in there. I think we have I believe also the Caribbean Gardens is in here. And the thought struck me, wouldn't it be wonderful -- there's nothing like a working ranch. Wouldn't it be wonderful if we had Roberts Ranch in this folder? Would be something entirely different and unique for the tourists to have that special attraction to take them back to early lifestyle in our county. It is very important for us to try to keep contact with that past. I hope and pray that all our urgings will convince you that it is worth your highest consideration. And you know, I'm very emotionally involved with this place, and I hope you've had a chance to read my book about the family. Thank you all. CHAIRWOMAN MAC'KIE: I have, and it was wonderful. MR. FERNANDEZ: Next speaker is Chalmers Yeilding and then Fred Thomas. MR. YEILDING: My name is Chalmers Yeilding. As you all may remember, I was the architect for the Everglades City Museum. I actually came down a little over five years ago, five years ago Page 73 May 11, 1999 and a month, originally to Collier County to look at the Roberts Ranch just after the first four acres or the tract E was donated to the county by the family. I later got involved in Everglades City. I was trying to think this morning as I was driving in from Everglades City, because I drove down and spent the night there last night, what could I say to you this time that I didn't say to you a few months ago? I think one thing that I can say to you is the museum in Everglades City, and that project that many people thought was foolhardy, has made a difference already one year and I guess a week from the day that it was opened. There's a brand new building, very high quality shop just down the street; two other businesses within a block or two of there have remodeled and upgraded and focused their attention on the high end tourist trade, if you will. It's my understanding that they have received -- have had over 14,000 visitors to the museum of Everglades in the first year of operation. Now, I don't mean to offend anybody, but that's remarkable to me, because Everglades City is the end of nowhere. I mean, you've got to be going there to go there. Or maybe going to Chokoloskee. COMMISSIONER CONSTANTINE: That's more than the whole population going there to visit there every month. MR. YIELDING: Yes, that's pretty remarkable. It's one of the questions that the state asks on their grant applications, what is the expected attendance of this facility once it's completed. I remember trying to grapple with that question on the Museum of the Everglades. What could you reasonably expect and reasonably justify. And it's always an estimate. And I think frankly, we guesstimated somewhere in the 10 to 15,000 range, in our own minds, thinking that's probably a little far-fetched. The state accepted the figure and went with it. Well, it wasn't far-fetched. I think the potential, the tourist potential in Immokalee for Roberrs Ranch is far and away greater than the museum in Everglades City could ever be. You already have a huge visitorship (sic) to Immokalee because of the gambling and the trot there. I won't quote a figure. You all I'm sure have a much better idea of how many people go to Immokalee for that purpose alone. It's just down the road. But the fact is, it's my understanding it's hundreds of thousands of people a year. A small percentage of a rake-off, if you will, to Roberts Ranch would be significant. I think it will make a major difference in Immokalee. But I want to talk a little bit more beyond Immokalee and beyond Collier County. I had a conversation a few months back, as you all know that I reported to you, with the people of the Department of State and the Bureau of Historic Resources, and they feel that this is a site way beyond significance to just to this county or just to this region. There is nothing like this in the State of Florida. There is no ranch farming, grove type of homestead that exists in its almost totally intact state. Not only is the land there, and what is reported to be the oldest grove in the county, it was there and producing fruit when the family arrived in the early teens. It's reported to be the oldest ranch and the oldest grove. But not only the buildings are there, some of which were there before the family arrived, but the tools are there, the furniture is there, the two vehicles that the parents last drove are still there on the ranch. It's all intact. Page 74 May 11, 1999 There is nothing like this. There are many counties throughout the state that are trying to recreate this. As I think I mentioned to you, Orange County, I'm working with a project there that -- and have been working for five years, where we are taking pioneer structures and moving them 20, 30, 50 miles to a park site and trying to create in a sense what is already existing at Roberts Ranch. And yes, it's going to be a wonderful facility, but it's going to be a recreation that never truly existed. And this exists and is here today. And to sum up, I was trying to think of beyond the significance of this. I believe that whatever land costs are currently in Immokalee, and however good or bad a deal this is from a real estate point of view -- and I certainly have no expertise on that -- in a short distance in the future this will seem like a steal. I have spent almost my entire life in Florida, and I have never seen it fail. One last thing, there's a saying that goes opportunity knocks once. Well, you've got at least a second opportunity here, and I hope you take it. Thank you. (Applause.) MR. FERNANDEZ: Final speaker is Fred Thomas. MR. THOMAS: Thank you again. I'm here, Fred Thomas, representing the Immokalee Chamber of Commerce. Before I start, I want to say something. I've got to congratulate you, Mr. Carter, for the outstanding presentation you made at that executive committee meeting. You did a great job, and they need to give you a hand for that. This is the culmination, almost a culmination, of a bunch of good decisions you all have made, not only today but in the past to give -- make Immokalee a tourist destination. An extra night stay for coastal hotels. Your help with the lake, you've just dealt with a nice gateway program to make it beautiful coming in and around Immokalee. And think of where the Roberrs Ranch is located. The Roberts Ranch will anchor the western lake of our main street down to the casino, okay, which could vitalize or revitalize a whole change in the service patterns down Main Street. This is absolutely a fantastic opportunity to piggyback on eco-tourism that's beginning to pick up, air boat rides and tours on the lake that are -- you know, just blossoming out to be a great thing, so that we can become a premiere destination point in Southwest Florida. So I thank you in advance for making -- continuing to make the right decisions, and thank you for all the decisions you've made so far to help us turn around our community. Thank you. MR. FERNANDEZ: No other speakers. CHAIRWOMAN MAC'KIE: Okay, is there a motion from the board? COMMISSIONER CARTER: Commissioner Mac'Kie, I would like to move that we go forward and execute the purchase of this land, and if possible, to repay it back through TDC funds or other grants. But regardless, I think we should buy this property. COMMISSIONER CONSTANTINE: Can we give staff direction to pursue the tourism thing so that I can make a unanimous vote? CHAIRWOMAN MAC'KIE: To pursue the amendment to the tourism ordinance to -- COMMISSIONER CONSTANTINE: To pursue whatever is necessary to fund this via tourist dollars. CHAIRWOMAN MAC'KIE: Well -- COMMISSIONER CARTER: I don't have a problem with that, as long Page 75 May 11, 1999 as we've got the money to do it. But we sure could use your third penny. COMMISSIONER BERRY: Way to go, Jim. COMMISSIONER NORRIS: What third penny? CHAIRWOMAN MAC'KIE: The third penny that we desperately need. COMMISSIONER CONSTANTINE: The one we promised we'd sunset? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Okay, we have a motion and a second on the floor. COMMISSIONER CONSTANTINE: Just to clarify, I don't -- does that mean you did not amend it? I'm not going to support it if -- COMMISSIONER CARTER: I'm amending it, and I hope that we'll find the money in that vehicle. But if we don't, Commissioner, I don't want that to get in the way of us not purchasing it. CHAIRWOMAN MAC'KIE: Okay. So the motion is if it's possible fiscally and legally to permit repayment of the general fund through TDC funds, we will do so, but that the purchase goes forward with general funds at this point -- COMMISSIONER CONSTANTINE: That's fine. CHAIRWOMAN MAC'KIE: -- assuming that the appraisal and the environmental assessment are as expected. COMMISSIONER CARTER: Well stated. CHAIRWOMAN MAC'KIE: Okay. Motion and a second. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Yes. (Applause.) MR. TOWNSEND: On behalf of the family and myself personally, I would really like to thank you for taking this action. I think it's going to be something that you'll be proud of as the future goes by. And I know it's inappropriate, but I'd like to share one small personal story. CHAIRWOMAN MAC'KIE: Go right ahead. MR. TOWNSEND: I was 13 years old on that ranch and we were loading up our horses to go cow hunting that morning. The truck was late and it was 7:00 in the morning and Mr. Roberts walked down from the old house, he said, "Good evening, you all get anything done today?" MS. STONE: Could I just please say thank you? CHAIRWOMAN MAC'KIE: We better move on. We know, we know. Thank you so much. I'm just thrilled with that. Page 76 HAY ~ ~ 1999 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between MARY E. GIDDENS, JOHN DALE GALLAGHER AND PHILLIP C. SHERROD, AS TRUSTEES OF THE ROBERTS FAMILY TRUST DATED SEPTEMBER 21, 1994, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise manage and dispose of the real property described herein, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: Tract "D" of Roberts Ridge, a subdivision recorded in Plat Book 25, Page 100 and 101, of the Public Records of Collier County, Florida Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase pdce and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall not be less than SIX HUNDRED THOUSAND and NO/100 DOLLARS ($600,000). The PURCHASE PRICE shall be SIXTY-EIGHT THOUSAND, ONE HUNDRED EIGHTY TWO DOLLARS AND NO/100 ($68,182) per acre for the 8.8 acres within Tract "D" as determined by a survey previously obtained by the Seller. The Purchase Price shall be paid in U.S. Currency and shall be payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after September 30, 1999, following execution of this Agreement by the Purchaser but not later than November 30, 1999, unless extended by mutual wdtten agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 A Trustee's Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. MAY '~ '~ 1999 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc., or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. If any objections to title exists, and upon notification by the Purchaser of such objections, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, 2 may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time pedod provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain two (2) independent appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of the two (2) independent appraisals, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Pedod, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION MAY ~, ~l 1999 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSS. ESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the fight to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Twenty-Five Thousand Dollars ($25,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties arising out of this Agreement, the prevailing party in such litigation or other action shall be entitled, in addition to such relief as may be granted, to an award of a reasonable sum for its attorney's fees, paralegal charges and all fees and costs to include investigations, trials, appeals, post judgment proceedings and bankruptcies; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011A Seller is the owner of the Property in fee simple. 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been 4 obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paregraph shall be true on the date of this 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.01 5 No party or person other than Purchaser has any dght or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no knowledge that storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there 5 any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Sellers representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, 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 which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense, except as provided in Paragraph 6.03. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attomey Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Roberts Family Trust c/o Dallas Townsend P. O. Box 1110 Immokalee, Florida 34143 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS 13.01 The Seller acknowledges that Gulf Citrus Properties, Inc. has been engaged as the sole real estate broker and that any and all brokerage commissions or fees earned by Gulf Citrus Properties, Inc. shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. The Seller will accept no responsibility for brokerage commissions or fees incurred through the actions of the Purchaser. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parti.es hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain 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 Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: .'~..~//,/~'f/q AS TO, PURCHASER: DATE6: "~'o~f//, 1~,~9 . ,ATTEST: '" BOARD OF COUNTY COMMISSIONERS ... , Deputy Clerk PAMELA S. MAC'KIE, Chairwoman '~ .... At, Lest as to Chatrtlll'$ AS TO SELLER: signature oa13. DATED: May 11, 1999 Item #8E1 MEMBERSHIP IN THE NATIONAL ASSOCIATION OF COUNTIES - MEMBERSHIP TO BE REINSTATED Okay, item 8 -- let's see, it will be 8(E)(1), which used to be 16(E)(1). Commissioner Constantine. COMMISSIONER CONSTANTINE: We made a conscious decision not to continue our membership to National Association of Counties a few years ago, because while they certainly do some interesting things and work well in Washington, it didn't really have an impact directly here. And as bad as this attitude might sound, they'll continue to do what they do whether we're members or not. And we just decided that in this case $2,680 might be better spent elsewhere, and I'm just wondering what's changed in the meantime. CHAIRWOMAN MAC'KIE: I had asked the county administrator to go ahead and put that on this year's agenda because I've become aware of a very particular possibility for a local benefit and that is at FTCU -- let's see. FTCU and the Florida Council -- the Council For Sustainable Florida are partnering to create a center for sustainable Southwest Florida, although that my may not be the name of it because of the tenderness about that word. But the possibility exists -- I have written in my individual capacity a letter to the National Association of Counties, and I've asked the Mayor of the City of Naples, and I know that Ray Juda and the Mayor of Fort Myers are writing letters to the National Association of Counties and the National League of Cities requesting a matching grant program that they have in support of this study opportunity at FTCUo Frankly, Mr. Fernandez had this on his list of questions anyway. And when I saw it, it was oh, please, let's do this. So that when I'm writing him a letter saying please give us this money, we can at least say we're members. So that's how it came to be on today's agenda. I think it's got a real potential for a local benefit that's significant. COMMISSIONER CARTER: Commissioner, I'm willing to evaluate its value over a year. I mean, it's probably one of those things that maybe in the past we didn't see the value, but we are a very growing county, we're bigger. There may be a better position for us by expending that. If we see in a year that it's not doing what it needs to do, then I think it should be removed. But I'm willing to take a look at it for a short period of time. COMMISSIONER BERRY: I agree with that stand. I know when we were in Tallahassee at different times, different individuals would say, you know, well, if you're a member of NACO, and we'd say we're not. And so I think it might be a time, again, to review it. Let's take a look for a year, and if it proves that it's not worthwhile, then we can certainly change it after that. CHAIRWOMAN MAC'KIE: Somebody want to make a motion? COMMISSIONER CARTER: I'll move we accept the item as presented by the county administrator to reinstate our membership in NACO. COMMISSIONER BERRY: Then I'll support that as a second. CHAIRWOMAN MAC'KIE: Further discussion on the motion? If not, all in favor, please say aye. Page 77 May 11, 1999 Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: It passes three to two. Item #gA BCC AUTHORIZED COUNTY ATTORNEY TO WORK JOINTLY WITH THE CLERK OF THE CIRCUIT COURT TO TAKE ALL APPROPRIATE ACTION TO RECOVER ANY MONIES OWED TO THE COUNTY BY SOUTHWEST FLORIDA DRAMA, INC. OR OTHER ENTITIES OR PERSONS AS A RESULT OF THE GRANT OF TOURIST TAX FUNDS FOR THE EPIC DRAMA PROPOSAL - APPROVED Next item -- the next item is a recommendation for the board to authorize the county attorney to work with the clerk to bring legal action against the Southwest Florida Epic Drama for the tourist tax money that we believe is inappropriately expended. COMMISSIONER NORRIS: Motion to approve. MR. PETTIT: Good afternoon, commissioners. This is Mike -- CHAIRWOMAN MAC'KIE: We have a motion. Is there a second? COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Are there registered speakers? MR. FERNANDEZ: You have one. Tony Lawhon. CHAIRWOMAN MAC'KIE: If you don't mind, we'll just hear from him and go from there. MR. LAWHON: Good afternoon, commissioners. I actually was going to let Mr. Pettit speak. Depending on what he says and if there's any discussion, it may or may not be necessary for me to speak at all. CHAIRWOMAN MAC'KIE: Who do you represent? MR. LAWHON: I represent the Southwest Florida Drama, Inc. and the Comptons. CHAIRWOMAN MAC'KIE: I see. Okay, then the action we're being asked to do today is to work With the clerk as they pursue all appropriate legal action with regard to that tourist tax grant. MR. PETTIT: That's correct. CHAIRWOMAN MAC'KIE: Do you have something? A comment? MR. PETTIT: Let me just clarify that when the phrase legal action, all appropriate action -- I mean legal action, we may not necessarily come back with the idea of litigation, but that's certainly an option. CHAIRWOMAN MAC'KIE: Well, I hope that we're going to be talking about litigation, if that's what's necessary, to get the money back and any other potential pursuits, whether they be in criminal or civil court, whatever is appropriate. But I guess what we're doing today is just authorizing you to work with the clerk. You'll come back to us before we file any lawsuits; is that what you're saying? MR. PETTIT: Generally, yes. What we wanted to do is get authorized to move forward on this. To me, at this point there are a number of possibilities. One might involve a mediation, one might involve the idea of a lawsuit, one might involve the determination that there's no clear basis for recovery. We're just not at that point yet. CHAIRWOMAN MAC'KIE: So today you're just asking us for what? MR. PETTIT: Authorization to move forward on one of those Page 78 May 11, 1999 options, to work jointly with the clerk. CHAIRWOMAN MAC'KIE: I guess I thought we had done that 100 years ago. David, you got a comment on that? Because I thought maybe today we were actually going to do something. MR. WEIGEL: Well, thank you, Madam Chair. No, actually what we are saying here is we may have any route of several to take here. And we are looking for the endorsement of the board to take whatever action is necessary for and on behalf of the county interest. And that unless you were to tell us today otherwise to come back again prior to filing a lawsuit, we will file a lawsuit if the county attorney working with the clerk makes the determination that that's the vehicle to utilize. CHAIRWOMAN MAC'KIE: The only reason I'd want to hear about it again is if you determine that there is not a lawsuit, that there's not some redress. I would want to know that. I don't want it to be dropped without being told about it. MR. WEIGEL: Absolutely. If something along that line would be the case, we'd clearly provide a report to the board in the public forum. CHAIRWOMAN MAC'KIE: Did we get a motion and a second on this already? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: You two, right? Okay. Sorry. Any further discussion? MR. LAWHON: My only comment would be that the commission honor the innocent till proven guilty aspect of our system. It seems like some comments that have been made, that there's already a presumption that there's been some inappropriate spending. And although my clients are quite confident they're going to be vindicated, I don't think there's ever been any finding or even any suggestion that that's happened, so -- CHAIRWOMAN MAC'KIE: It's my personal opinion, having looked at the facts, investigated it myself. That's my personal opinion, not speaking for the county or the commission. MR. LAWHON: I understand. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. PETTIT: Thank you. MR. LAWHON: Thank you for your time. Item #10B RESOLUTION 99-231 APPOINTING JOHN WISEMAN TO THE AD HOC COMMITTEE ON GROWTH MANAGEMENT OF RURAL FRINGE - ADOPTED CHAIRWOMAN MAC'KIE: We have 10(B), an ad hoc committee members that we need to replace. Commissioner Constantine. COMMISSIONER CONSTANTINE: Yeah, just -- and there's only probably going to be a couple meetings left, but Whit Ward is leaving. John Wiseman from CBIA has actually attended two or three of the meetings anyway, knowing that Whit was leaving. And just to make a smooth transition there, my suggestion would be to replace Whit with Mr. Wiseman. COMMISSIONER BERRY: So moved. Page 79 May 11, 1999 COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 80 RESOLUTION NO. 99-231 A RESOLUTION APPOINTING JOHN WISEMAN TO THE COMPREHENSIVE PLAN STANDARDS AD HOC COMMITTEE. WHEREAS, on April 13, 1999, the Board of County Commissioners adopted Resolution No. 99-202, creating the Comprehensive Plan Standards Ad Hoc Committee to review and , provide the Board with standards for cjustering and natural resource protection, and to provide recommendations for proposed settlement with the Department of Community Affairs; and. WHEREAS, the Board of County Commissioners appointed ten (10) members to this Committee; and WHEREAS, there is currently a vacancy on this Committee; and. WHEREAS, it is the desire of the Board that John Wiseman fill this vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that John Wiseman is hereby appointed to the Comprehensive Plan Standards Ad Hoc Committee for a period of one (1) year or through the duration of settlement negotiations with the Department of Community Affairs, whichever is less. This Resolution adopted after motion, second and majority vote. DATED: May 11, 1999 ATTEST: ', BOARD OF COUNTY COMMISSIONERS . DWIGI-H' E~' BROCK, Clerk COLLIER COUNTY, FLORIDA By:p 'Appro~ed ~'i~j foi-m"and David C. Weigel County Attomey Dcwn May 11, 1999 Item #10C RESOLUTION 99-232 DECLARING A VACANCY ON THE PUBLIC VEHICLE ADVISORY COMMITTEE - ADOPTED Declaring a vacancy on the public vehicle advisory committee. 10(C). COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Any registered speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Any discussion on the motion? If not, all in favor, please.say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Item passes unanimously. Page 81 RESOLUTION NO. 99-232 A RESOLUTION DECLARING A VACANCY ON THE PUBLIC VEHICLE ADVISORY COMMITTEE WHEREAS, the Public Vehicle Advisory Committee was established by Collier County Ordinance No. 86-4, as mended; and WHEREAS, Collier County Ordinance No. 86-4, as mended, provides that the Public Vehicle Advisory Committee shall consist of five (5) members with (3) of the members being affiliated as holders of certificates to 'operate a motor vehicle for hire company within Collier County; and WHEREAS, Collier County Ordinance No. 86-41, as mended, provides that: "Any board member who is absent for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein;" and WHEREAS, the Chainnan of the Public Vehicle Advisory CommiRee advised the Board of County Commissioners that John Dougherty has failed to attend several meetings without a satisfactory excuse in violation of the requirements set forth in Ordinance No. 86-41, as mended, and has requested that the Board of County Commissioners declare the seat held by John Dougherty to be vacant on their Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of the facts presented, the Board of County Commissioners hereby declares the seat of John Dougherty to be vacant on the Public Vehicle Advisory Committee. This Resolution adopted after motion, second and majority vote. .DATED: '.May., 11, 1999 ,¢,,..'AT~E~i', ",,, i!:BOAre3 OF COUNTY COMM~SS~O~RS 'Z" i~WiGHT"E.-.'.I~ OCK, Cl~rkCOLLIER COUNTY, FLORIDA :. ii':. ," "'-=' · . PAMELA S. MAC'KIE, ~ha[rwoman ~piitSV6~l' as~:to form and legal Suffici.c,,ncy: b~,]~. wcisci ~'' County Attorney ncwn~ May 11, 1999 Item #10D RESOLUTION 99-233 EXPRESSING INTENT TO TERMINATE COUNTY ADMINISTRATOR ADOPTED Item 10(D) is an item regarding the employment of the county administrator. COMMISSIONER CONSTANTINE: I placed this on the agenda. And I know there were some questions there week about the timing of that. And I issued a memo the end of last week, but I wanted to share that again for each of you and also for the public, the reason why I placed this on the agenda now, though the evaluations are not due until Friday. And that is because this is an extended process. I realize this is a very important issue. I've put a great deal of thought into it, and I didn't just arbitrarily put it on this week's agenda. The resolution we're considering today is just a resolution of intent to terminate. There is a 14-day cooling off period, if you will, required by county ordinance. We actually created that ordinance about five years ago so that there would never be a knee-jerk reaction; you wouldn't be angry one day and move to dismiss. The idea is that you have to have some time between your resolution of your intent and any actual termination of your county administrator. By approving the resolution of intent today, if we choose to do that, we still provide ourselves adequate time to deal with all the issues attached to this, including our own evaluations. It would actually be a minimum of two weeks from today, at which time we'd need to deal with the issue. Those evaluations being due Friday, that still gives us 10 days to review those and handle those during any hearing on termination. I thought it was important, however, to get it on this time frame, because I have some concerns. If a majority of the board shares those concerns, we probably ought to take care of that item of business prior to budget season. This morning you've told us you're not even going to be here the first meeting of June anyway, so it would put it off till -- the last meeting in June is after all our budget hearings. And if there's a question of confidence then, we probably don't want to go through a 500 million dollar budget process with those questions in mind. So the timing issue, I know there have been questions raised. And I want to spend our time talking about merit, but I wanted to explain the timing of why it appears today. CHAIRWOMAN MAC'KIE: I need a county attorney, and he's gone. So Ramiro, how about you? Because my -- a question that I have about the process -- first of all, again, I have to get -- use the opportunity I've got to vent the fact that I really hate the process we're in. I understand the timing, as you've described it. I had a different program in mind and that was that we would have completed our evaluations by Friday, we would have individually spoken with Mr. Fernandez, we would have discussed those with him. Once we all could see how each of the others felt, we would then have a basis on which to frame a discussion. I'm troubled by, don't like, the timing, but I don't have control Page 82 May 11, 1999 over the timing. A timing question that I have, though, Mr. Weigel, is the magic of this two-week notice. If we pass a notice of intent to terminate today, can we change our minds in two weeks? COMMISSIONER NORRIS: Sure. COMMISSIONER CONSTANTINE: Yes. MR. WEIGEL: Absolutely. COMMISSIONER CONSTANTINE: That's why I labeled it the cooling off period and why we actually created that five years ago is the intent is nothing more than saying -- I mean, it is more, but it's saying we think there's a serious problem here, we're putting the manager on notice, we're putting ourselves on notice, we're putting the public on notice that there is that concern. And we're going to review it very carefully in that two weeks. We're going to go through the whole process and make sure that it's done in a fair and efficient manner. CHAIRWOMAN MAC'KIE: I guess I think that if that's the case, a request that I would have is that the ordinance should be changed to have it to be a vote of confidence or lack of confidence instead of notice of intent to terminate. That troubles me today, because I don't know how my fellow commissioners feel when they -- I mean, I could vote today on whether I have confidence or don't have confidence. I have trouble voting on whether or not to terminate based on how my fellow commissioners feel in their evaluations, not having had the opportunity to see them. COMMISSIONER NORRIS: Madam Chairwoman, aren't you really arguing semantics? CHAIRWOMAN MAC'KIE: I guess so. I mean, if the net effect is the same, if that's the understanding we're going into this with is that today is more a notice of confidence or no confidence -- COMMISSIONER CONSTANTINE: And longer term, I'd have no objection in making an alteration of those semantics for in the event this type thing ever crops its head up again sometime in the future. But yeah, just so you're clear, that's -- the two-week process still leaves us the opportunity to deal with the issue at hand. CHAIRWOMAN MAC'KIE: Okay. Commissioner Berry. COMMISSIONER BERRY: I have -- I still have some concern over this process, only from the standpoint of it -- even though it is a two-week cooling off period, I think it would be very unusual if you had three people who are sitting up here today who have said that they are going to support this, it would take a near act of God to probably turn three people around and say that they're going to do otherwise. This is where I think the whole process is a little bit wrong. I think what should have happened ~- I think you were on the right step, though I question why you decided to have the evaluations in May as opposed to November. I was concerned that and thought that the process, that we should go through the evaluation process first, where we could all sit and hear jointly at the same time how each one of us feels. At that point in time, then go ahead if, you know, depending on what -- because I know this ordinance is there, you know. And if there was a majority of the board that felt or had a problem one way or the other, we could go ahead and address it at that time. But it just seems like it's kind out of sync here in terms of okay, we're doing this today, now go ahead and finish your evaluations. And frankly, if I'm supportive of the county administrator and three of you are sitting up here today saying we don't have a vote of Page 83 May 11, 1999 confidence right now, my question to you is why do I even bother? It's a -- you know, unless you want me to come up here in two weeks and go through a song and dance in front of you on why I think we should keep the administrator. And I tell you that anything short of an act of God isn't going to change your mind. COMMISSIONER CONSTANTINE: Can I -- COMMISSIONER BERRY: Though I may disagree, you know, and point out issues where I disagree with you on perhaps on your thoughts, if you have this mind set, I don't think that I'm going to be able to change it. COMMISSIONER CONSTANTINE: Just in response, we actually had something like this in 1995 -- COMMISSIONER BERRY: I know. COMMISSIONER CONSTANTINE: -- but I don't think it was an act of God. But the board didn't choose to move forward. My only intent here is I have concerns that have risen to the level of being uncomfortable with the current county administrator. The only way I have to address that is to bring it to the board. And it seemed to me to be logical to raise the level -- to raise those evaluations to the level of a discussion of the bigger picture rather than simply let's look at the last year and then raise the issue again. It was just trying to roll the ball -- COMMISSIONER BERRY: I understand. COMMISSIONER CONSTANTINE: -- all into one. COMMISSIONER BERRY: And Commissioner, I understand. You have stated that you have lost the confidence, and you're one commissioner and you're one vote, and I appreciate that. But I think that something that -- I'm going to step out of the role of county commissioner and hopefully take on a little more of a human side. We brought an individual in here two years ago to be our county administrator. And everybody knows about the infamous trial of July 25th back in 1995 or '96 that several of you were here for that. CHAIRWOMAN MAC'KIE: Was that Dorrill's trial? COMMISSIONER BERRY: That was Mr. Dorrill's trial. At that time you didn't seem to be happy with the administration the way it was at that point, so ultimately you went through that infamous day and gut-wrenching day for probably the county administrator and his family. And then things changed and then he ultimately left on his own terms at a much later time. Then we went on a search for a new county administrator. We secured a different individual with a little bit different administrative style. And frankly, things really weren't too broke in Collier County. In fact, I think you could all say that things weren't broke at all in Collier County for the most part. There's always going to be little incidentals where we could always do better. We always acknowledge that. I think Mr. Fernandez acknowledges that, even in his own management. And we're down now where we brought a family down here, and this particular family has two children in our school system, one's a senior in high school, one's a junior in high school. Right now the senior will be getting ready to graduate. Instead of this family enjoying all the things that go along with these kinds of activities, this family doesn't know where they're going to be in two weeks. We're prolonging this two weeks, and then what's it going to be after Page 84 May 11, 1999 that? I think we need to think about this. I ~- everybody's not perfect. I -- surely I got more flaws than 10 people put together. But I'm very concerned over this whole process on what we've done. And I'm not shading over it. If the administrator has concerns and we can document those and we can -- anything that I have read, and I can only go by the comments that Commissioner Constantine attached to his statements when he asked for this resolution. As I looked over those comments -- and he's certainly entitled to make those, I'm not questioning that. But I didn't see anything on there that was not something that couldn't be remediated. Now, if there are three of you sitting up here that feel that no matter what, come hell or high water there can be no remediation, then in two weeks things aren't going to change. And I am just -- I'm just appealing to you from the human side and from the family side of right now what this commission of five people are putting this particular family through. You wanted him to come down here, you wanted him to be your administrator, and now all of a sudden, even six months -- well, not quite six months prior to when his evaluation really should be done, it is being done. That's my point. CHAIRWOMAN MAC'KIE: Well, I want to the talk about that. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: May I? COMMISSIONER BERRY: And you're certainly welcome, Madam Chair, to change that. You have that privilege of doing that. But I just question this -- CHAIRWOMAN MAC'KIE: I understand that. COMMISSIONER BERRY: -- whole timing issue, and it's just -- it's a big concern. CHAIRWOMAN MAC'KIE: And apparently I wasn't very articulate in the memo that I sent out a couple of months ago which preceded the memo saying here's the evaluation form. But a couple of months ago -- in fact, Sue, maybe you could ask Chris to be getting a copy of that for me -- I did a memo to all of you saying that as the Chair, with this responsibility for scheduling evaluations, I had looked carefully into what the timing was for Mr. Fernandez's evaluation. As I understand his contract and working with Human Resources and the County Attorney's Office, his contract has an anniversary date of June 6th. COMMISSIONER BERRY: That's right. CHAIRWOMAN MAC'KIE: We're supposed to review him six months before that for raises effective June 6th. Last year we couldn't do that because of the timing of his coming to town. So we evaluated Mr. Fernandez in November and gave him a retroactive raise back to June 6th. I didn't want to do retroactive this year, so I thought if I did it twice this year, I could catch us up and get us on a regular appropriate schedule. May 15th would be when we would decide for this budget cycle in June for his effective -- his anniversary date of June 6th, we could before that date decide on what his raise would be, then in November decide what it would be for the next six months. And then we would be on a cycle. It wasn't perfect, but it was an attempt to begin evaluating for raises prior to anniversary date as opposed to retroactively doing raises, because we couldn't get out of that box. COMMISSIONER BERRY: Well, and it's not unusual to do the Page 85 May 11, 1999 retroactive raises, I can tell you that. On a previous board that I served, that's not an uncommon situation. It may not be the best, but it certainly is one that happens, and probably the only nice thing that happens about it, there's one check that you get -- CHAIRWOMAN MAC'KIE: Nice bonus. COMMISSIONER BERRY -- that's kind of considered a nice bonus when it happens, but I understand. CHAIRWOMAN MAC'KIE: Pure motives on my part. And again, I wish that -- and I'm sorry to beat you to death with this, Commissioner Constantine. I understand about the timing on the budget, but for me the greater good -- the lesser evil, maybe, is the best way to say it, would have been to go through a budget cycle even though you know that I have and Mr. Fernandez knows that I have some problems. I would rather go through the budget cycle with Mr. Fernandez than I would have to try to make a decision on his future with the county without having seen my colleague's evaluations. COMMISSIONER CONSTANTINE: Well, again, you will have the opportunity not only to have this discussion today, but prior to any termination two weeks from now, we will have all had one another's evaluations, which hopefully this year will all be in writing, for 10 days. So that's not a -- I don't think a valid argument. I think the other thing is, the budget season ends and then we leave and we take a recess in July. And if I have concerns about the way in which the county is operating, I'm not comfortable waiting until September or October. I mean, that's a five or six-month wait. And a lot can happen. I guess the analogy I make is if you see a ship -- your ship is headed toward danger, you may still be on smooth waters right now, and no one on your ship may realize -- if it's a cruise, they're still dancing comfortably, eating comfortably. They have no idea the ship is headed into rough waters or headed in the wrong direction. But if you see that, you don't wait until you get there to alter the direction of the ship. You start turning then. And hopefully, the member -- the people who are on that ship or the people of Collier County don't ever have to encounter those rough waters because you've taken care of it ahead of time. And I have a real concern that if we wait another six months, we can encounter those. I appreciate your concerns, Mrs. Berry, on the family. And I don't enter into this lightly. Bob is a very nice guy. He and I have had this conversation. It's very difficult for me, because I like you. I like Bob. But I'm not satisfied that the job is being done satisfactorily. And the fact is, it's not about one family, it's about 80,000 families that everybody sitting in this room has the job to take care of; to take care of their roads and their parks and their utilities and their fire ~- we don't do fire, John -- and their sheriff's budget and everything else that goes with it. So I really appreciate that, and I struggled with it for that very reason. There's a human side to this. But our job is to look at that big picture. And as we do -- I just respectfully disagree that these aren't things that can't be corrected. I think several of the items in my evaluation were also concerns last year when we did the review. And the summary in my review last year was that after a year on the job, someone is new to the community, and after one year they're still learning the community and the feel and the county and the employees, and I understand that. Page 86 May 11, 1999 But I said in that summary is that if these problems still exist after two years, then we're going to have to take a closer look at this. And that's where we are. We're at the second year anniversary, and a lot of those problems still exist and, frankly, more have cropped up. And so I think we're at a time where we need to do that review. And if I end up in the minority, so be it. But from reading some of the quotes in the papers, I'm not alone in my concerns. And I think we can have that discussion today about some of the specific concerns; some of which by themselves may seem like a little thing, but when we deal with them day after day after day, week after week after week, month after month after month, there's a problem. And there may be requests for information not only from us but from the public or from the media that aren't being accommodated in a timely fashion. That's a serious concern. And if we talk about that and it doesn't improve or improves only for a temporary period of time and slides back to where it was, then that continues to be a problem. The single most important thing we need to do as a county government is communicate with the public. And if we're not effectively doing that, then there's something terribly wrong. The perception can be wrong, but the reality is, too. As far as learning or not being -- having the full opportunity to learn these things as you go, Bob's been in a position like this for something similar on a high level for nearly 20 years. And so on-the-job training really shouldn't be an option. If you're an official county administrator, there's a learning curve for the community but not for the actual job itself. I think after two years certainly should be nestled into that community. So I don't know if we want to go through various things, but you all I think have seen my evaluation, so I probably don't need to go into as much detail. I'd love to hear some feedback from each of you. But it is not a personal issue, it's not a matter of family or taking a man's family and making it difficult. And frankly, Commissioner Berry, I wish there was a smoother way to do it. I understand the rationale for the two-week cooling off period, but it does make it a very awkward situation for us, for Bob, for the family, for the public. It's a cumbersome process, but it's the process we have to deal with. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: All right, let's go on. I want to talk just a minute about these evaluations. When I do this evaluation, which I've started and basically stopped when this came out, because I thought it was almost a moot point. I thought why go through this exercise, because it's pretty obvious that there's something more going on. That evaluation is going to be my evaluation of the county administrator. Are we going to discuss this evaluation at a public meeting? CHAIRWOMAN MAC'KIE: It was my expectation that we would. COMMISSIONER BERRY: All right. Then why is it necessary that these be turned in prior to our sitting at this table and discussing them? In normal cases would it not be perfectly all right -- after we do this, they can certainly be made available to the press. What's the idea of them being turned in at one time and then we discuss this two weeks later? Or are we going to let the newspaper do the discussing for us? Page 87 May 11, 1999 COMMISSIONER CONSTANTINE: And that's -- CHAIRWOMAN MAC'KIE: No, this is my call, because I asked for it. And frankly, that's a really good point. I -- COMMISSIONER BERRY: Because once I finish that, and if I bring it down -- if I have it here and it's a completed product, then it is available to the press. CHAIRWOMAN MAC'KIE: My thought was that -- COMMISSIONER BERRY: And that's not the idea. CHAIRWOMAN MAC'KIE: My thought was that when I wrote the memo -- and you may have a better idea, but my thought at the time was that nobody would turn their memo in to me, their evaluation to me, without having discussed it one-on-one -- COMMISSIONER BERRY: Gotcha. CHAIRWOMAN MAC'KIE: ~- with the administrator. But I didn't write that down. I thought that was common sense, but maybe not. COMMISSIONER BERRY: Well, but I just -- I wanted so everybody knows that we're all playing on the same field here, that that remains, and I can have a discussion with the administrator about my evaluation. Frankly, I've discussed some aspects of it, though it's not in the form that I'm ready to present it. But at that point in time, that still remains as a working paper with me. At such time that I complete it, then I will bring it to the meeting where we're going to discuss it. And when I finish with that meeting, then it's available to the press. CHAIRWOMAN MAC'KIE: I think that's -- COMMISSIONER BERRY: Is that my understanding? Is that what we're doing? COMMISSIONER CONSTANTINE: That's certainly fine. I guess the ~- CHAIRWOMAN MAC'KIE: Excuse me, let me answer, because the question is to me, I think. My answer would be yes, that I think it would be better if I did a subsequent memo changing the May 15th date to whatever the next meeting date is so that those are not in writing until the meeting. That's fine. COMMISSIONER CONSTANTINE: I was just going to say, I don't have any objection to whichever way you do that. I think your suggestion of having a drop-dead date is a good one, because we did drag a little last year and I was guilty as anybody with lagging on when we get those in. COMMISSIONER BERRY: A little. COMMISSIONER CONSTANTINE: The one thing, though, is earlier I heard the question of oh, gosh, are we going to have this discussion without having the opportunity to see one another's evaluations? If we all hold on -- obviously mine's already public. But if we hold on to them until that meeting, we still won't have had the opportunity to COMMISSIONER BERRY: You can discuss it right here, Tim. You're COMMISSIONER CONSTANTINE: Oh, I don't mind that. COMMISSIONER BERRY: -- going to hear from everybody. Everybody can hear it at the same time. COMMISSIONER CONSTANTINE: I just got done saying, I don't have any objection. It just seemed earlier an objection had been voiced that that was one of the reasons, they were worried about timing. I don't care either way. CHAIRWOMAN MAC'KIE: Commissioner Norris? Page 88 May 11, 1999 COMMISSIONER NORRIS: Well, obviously each of us up here is going to have our reasons to support or not support the county administrator. I'm concerned that the focus of the discussion we've had so far has gone to the point of having evaluations coincide with this discussion of an intent to terminate. What if we -- what if this had come up in October or January? I mean, what -- you know, there's absolutely no reason I can see that you must have a series of evaluations at the same time you're going to discuss this particular item. I don't see that that's a necessary connection. So, you know, while the evaluations are certainly helpful -- and I don't know that they necessarily relate that heavy to this discussion, because as I said, each of us has our own reasons for either supporting or not supporting the county administrator. COMMISSIONER CONSTANTINE: What would be helpful I think for me is I -- Commissioner Berry and I have been widely quoted and certainly not been quiet today. I'd just love to hear from the other commissioners as well in a general sense. CHAIRWOMAN MAC'KIE: I'll go ahead and jump in there and say that my -- because I don't have anything to say that I haven't already said directly to Mr. Fernandez, and that is that I have some problems that are serious problems that he and I have discussed that have more to do with communication probably than anything else as a general theme. My -- you know, the examples that are recent and familiar have to do with the beach rocks and getting the incorrect information. Mine's not so much a lack of information as it is on a couple of occasions incorrect information. And then in some cases a lack of action where I have repeatedly requested action. This is also probably totally inappropriate to say, but here we go again, it's me. My feeling generally about the county administrator is that I have lost confidence in him as of right now. Nevertheless, I am not ready to embark on a national search and to go looking for some stranger to come and do this job. What I would support, and frankly, the only way that I'll support a motion to terminate the county administrator, is if we immediately appoint Tom Olliff as the interim administrator with a one-year contract as an interim and some contract at the end of that year that he either moves up into a permanent post or moves back to the job that he has. My point being, and that's the part that's probably awkward and inappropriate to say in public, is that I think Tom is the guy for the job, is that I don't think that we have such a terrible crisis on our hands. But I feel a heavy responsibility to provide the very best management that I can for these other 80,000, or whatever the number was, families in Collier County. And I feel like we have a known entity where the job could be done more efficiently, more effectively. COMMISSIONER CONSTANTINE: Just a response to that. And I've said something similar in the newspaper in that I agree that I think we have the talent in-house. Looking nationwide, you know, is certainly an option, but you can see from Florida Gulf Coast University's struggles to come up with a candidate they're happy with, and the school board's troubles they've had and ended up staying in-house. I think we have three or four people in-house who could do the job. And so I'd agree with you there. I'd like to -- and whatever the format of that is and so on, that's premature. We need to get Page 89 May 11, 1999 through this discussion first. But I think if we move forward with this, then we have the talent in-house, I agree with you wholeheartedly, I'd prefer to do that. CHAIRWOMAN MAC'KIE: And I apologize to you, Tom, for saying that in this public forum, because I'm sure that is not the way you would have liked for me to do that, and I know that you have to accept or reject a job offer like that if one were made, but I just have to make the point. And my point is not that I'm so terribly disappointed that I think the ship's about to hit the iceberg, just that I think we have the capacity to do a better job with some in-house talent. And that's my honest feeling. And I have to say that and it's unfortunate that I can only say that in this kind of a public forum. Commissioner Norris? COMMISSIONER NORRIS: Could I just say that it may not be completely appropriate to designate a permanent replacement during this discussion. I have no objection to taking a member from in-house and having that be the acting administrator, if that's what the discussion finally comes down to, but I'm not sure that it's appropriate to go ahead and name somebody as a permanent administrator at that point. CHAIRWOMAN MAC'KIE: Well, I was suggesting an interim for a one-year period. COMMISSIONER CONSTANTINE: I think if we move forward with this resolution of intent today, that is appropriate food for thought for the next two weeks. I think we need to being a little careful about getting too specific today. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. MR. FERNANDEZ: I have some prepared remarks to make today. I don't know if you would like for me to make them now or wait until the board finishes their discussion. But I'd like the opportunity -- COMMISSIONER CARTER: I would like to make some comments -- CHAIRWOMAN MAC'KIE: Wait a minute. Mr. Carter and then Mr. Fernandez. COMMISSIONER CARTER: -- prior to this. I'm the newest person to this process, and I will tell you publicly, it's the ugliest process I've ever been through. The reason I say that is I went back and I reviewed the contract. There were eight points in that contract by which we by contract are to evaluate the county administrator. Now, that's been expanded to 24 in a memo to us from you, Commissioner Mac'Kie. And I'm not quarreling with those. But my question is, have we all agreed that this is how we evaluate any administrator that sits in that chair, number one? Number two, has the administrator agreed that these are the points on how we evaluate? Number three, it's always been my practice on the private side is that everyone does their evaluation and then collectively, because of the Sunshine, we need to sit here and have this conversation, that we would do that, but there would be nothing take place prior to that. The way I feel this conversation is going today, it doesn't really make too much difference what I think or how I would evaluate this administrator, because there seems to be perhaps three votes here that no longer wants this person to perform in this capacity. I am very concerned about timing. We're in the middle of a Page 90 May 11, 1999 budget process, we're in the middle of a union drive, we have the sheriff's appeal that's still ongoing. And what I'm really hearing is that we're going to change horses in the middle of the stream. Now, when is a good time to do this? You had a November evaluation process. That seemed -- you know, that's where I was headed, that's what I was thinking. And now all of this has transpired in the last few days. And I can understand what's been said here and why it needs to be done, but I have a lot of concerns about that. And I am not saying that there isn't anyone internally that isn't capable of being the county administrator. But when you throw somebody overboard, now what do you do to the morale of the people out here? How can anybody function out here as a division person for the next two weeks or a month while we're trying to figure out whether we keep the current administrator or whether we promote somebody internally? It freezes the process. It does nothing, but create a lot of speculation. And people that are smart in any organization will do their job, keep their head down, they will not take any risks, they will not be creative. They won't do anything else because why should they? They've got a living example sitting in front of them that if he took risks, that if he was different, that if he tried to change this culture, the style of the way that we do business in this organization, he would be a living example of well, that's what you don't do. So I'm very concerned with this process. And I would hope that out of this we can have a better approach to how we're going to do this over time. The agreement on what should be evaluated on, when, and that there's concurrency on that and that we never do an evaluation and send them out ahead of time prior to talking to the person and to having a meeting on this dias, no matter who the commissioners are in taking those kinds of actions. So where you take this thing this afternoon, I don't know. I don't know where you take it this afternoon. But I am deeply troubled by the process. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: There is -- actually we have gone to an area today that in my opinion is totally inappropriate. The only action that should have been taken today, if you wanted to do it, if there's a majority of three people that want to do it, was the resolution that was placed on the table. But to talk about a successor, this is like a body isn't even cold in the grave, and you've already got somebody else lined up ready to go. Have you all forgotten about an assistant administrator? I mean, we have -- why we're even in this discussion is beyond me. This is so inappropriate. And I'll tell you, I apologize to the people of Collier County for what you're having to endure today. This is wrong. This is wrong. COMMISSIONER CONSTANTINE: I agree with you. A discussion of any specific person is probably not appropriate for this discussion. And I've asked a couple of times, and I think we're getting there on the details of performance and some concerns about that. And I've expressed mine, and I know some of you all have expressed yours. But I ask again if we could focus the discussion on that. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, that's what I would like to Page 91 May 11, 1999 address, the -- some specific aspects of my performance, because I think they have a bearing on the action that you're being asked to take today. I'd like to hand out, if I may, copies of my self-evaluation that you previously received. I have looked for ways to make all county officials more accessible to the public. For example, I've introduced the establishment of the publication of e-mail addresses for all county commissioners, for the division administrators, for the county administrator and staff, and for department heads as well. And this has expanded the access of the public to their government. I believe our responsiveness to collective requests of the board, either of specific items or scheduled on the agenda for follow-up actions, has been exceptional. I believe the agenda package, as presented to the commission today, receives a greater level of scrutiny at the staff level than it has at any time in Collier County's recent history. In fact, we now offer an internal training class to teach staff specifically how to write good executive summaries. That's never been done before. As the administrator, I take responsibility for all staff presentations at the Tuesday board meeting. We've had -- we've made improvement in those presentations a point of emphasis, and I believe with positive results. While it's not my personal style to make myself the focal point of most of the staff presentations, I've been very directly and personally involved in improving the overall staff presence here. I believe the administration has made the highest possible effort to follow the collective direction of the Board of County Commissioners. I've always been active throughout my career in pursuing the professional development opportunities. I've been a frequent participant in educational and professional development sessions sponsored by the Florida City and County Management Association, the Florida Association of Counties, and the International City and County Management Association, as well as other organizations. With the involvement of the division administrators, I revised the pay-for-performance program in this county to more appropriately meet the needs of this organization. I proposed a very minor reorganization which was approved by the board as a means to resolve a number of organizational issues. I streamlined and better organized the agenda of the board through the introduction of the summary agenda. And I've also changed the schedule of the board meetings to twice a month, which has resulted in fewer total hours spent in board meetings. I've introduced procedures that have eliminated previously existing administrative steps that were required for internal approvals. This has resulted in managers having the flexibility within given guidelines to control their own areas of responsibility. And I've involved the division administrators in organization-wide decisions. It's a keystone in my management philosophy to empower those around me to function at their highest level. We've provided quarterly financial reports to the board, which we believe has been well received, the county's annual report has been widely acclaimed, and in addition, we recently released via newspaper insert a report to the community. This also has received wide public support. Page 92 May 11, 1999 The level of commitment to public access and information of this administration is unprecedented. In addition to the previously mentioned Internet access, we've reconfigured and strengthened the public information office. We've improved Channel 54 effort, and produced for the first time our own news magazine every month. Further, in the last four months alone I have appeared personally at more than 55 community events and have been the featured speaker at 28 of those. This county employees a very impressive list of highly qualified professionals. We work hard to develop, recruit and retain employees of the highest caliber. I have always believed that hiring and firing decisions should be made on the basis of the needs of the organization, not the needs of the individuals or who they know. Never in the history of this agency has the overall control of salary expenditures been kept more directly within the guidelines established by the Board of County Commissioners. This increased flexibility has resulted in the strict conformance to the budgetary limits established by the board. Past practices of granting adjustments that were administratively allowed but that drove the overall payroll beyond the board approved levels had been eliminated. My willingness to meet individually with groups of employees and my participative management style have been effective in fostering positive employee relations. I believe that the preparation and administration of the annual budget remains one of our highest achievements. That reflects an extremely competent approach to fiscal management while facilitating the clear expression of program priorities by the Board of County Commissioners. The budget and monitoring and control procedures have been put in place to ensure that the administrative flexibility allows the most efficient use of available funds, while ensuring that the policies and priorities of the board are accurately carried out. My empowering management style has resulted in the freedom to allow the excellent professionals that we employ to bring forward the very best professional ideas and recommendations that they have. I've taken a very participative approach to my dealings with the division administrators. I've encouraged the elimination of traditional organizational barriers that often stifle creativity. I've encouraged the division administrators not to be constrained by past conventions and traditions but to continuously reexamine what we do and how we do it, so that we're always attempting to get the very most out of the public dollar. I bring a very high level of statewide involvement to the job. I remain very active in the efforts of the Florida Association of Counties, and remain a member of the State Retirement Commission. Recently I have met and committed to maintain strong lines of communication with the newly appointed special assistant to the governor. I remain an active member of the Florida City and County Management Association and the International City and County Management Association. I have recommended the further involvement in these areas through membership in the National Association of Counties, which we just discussed, and the Florida Innovation Group. I believe that our response to Hurricane Georges best typifies our ability to respond to true emergencies. I was directly involved Page 93 May 11, 1999 at each step of the decision-making, and I believe that our effort, the result, and communication of it with the board and the community were exceptional. I believe that my ethical standards and example are of the highest quality. As I stated during my videotaped interview over two years ago, these principles, to be effective in setting the tone for the organization, have to be lived, not just talked about. I feel I've done a good job in a very challenging environment. External resources have confirmed that the organization is well run. For example, the annual citizens survey conducted by the League of Women Voters consistently reports a high legal of public satisfaction in general with county services, with increasing satisfaction during my tenure. In addition, the comprehensive annual financial report recently completed by the county's external auditor confirms that the county is on strong financial ground. All of this, despite the challenge of managing a very diverse government organization of approximately 1,200 employees, and an annual budget of slightly less than 500 million dollars. Yes, there are problems to be addressed. It would be unrealistic to expect otherwise in an organization as complex as this. I've recognized these issues and have put mechanisms in place to deal with them. Clearly, more work needs to be done in this area. I would have appreciated the opportunity to address these areas of concern after they had been expressed by a majority of the Board of County Commissioners. I would ask that the board defer this agenda item and complete the evaluation process in order that I may be given the opportunity to address the concerns raised by a majority of the board. COMMISSIONER CONSTANTINE: And I just repeat, that the process as it's set up allows exactly that. The evaluations are currently scheduled at the Chair's request to be in by Friday, and that gives a 10-day window to be able to respond to those before we have any actual discussion of termination. COMMISSIONER NORRIS: Public speakers? CHAIRWOMAN MAC'KIE: Do we have public speakers? MR. FERNANDEZ: Madam Chairman, you do. First two speakers are Cynthia Dallas and then Brian Kocses. COMMISSIONER NORRIS: How many total, Mr. Fernandez? MR. FERNANDEZ: Six. COMMISSIONER NORRIS: Fifty? COMMISSIONER BERRY: Six. MS. DALLAS: Good afternoon. My name is Cynthia Dallas, and I'm here to represent myself. I'd like to thank the commission for this opportunity to address you concerning the potential termination of Bob Fernandez as county manager. In a country where we lionize athletes, making them heroes and paying them fortunes for salaries, they're judged on their performance average. No perfection is reasonably expected. In addition, all of our elected officials are chosen on the average of their platforms. No one expects to completely agree with any candidate on all issues. Yet we still manage to elect one anyway. If any one of you, indeed any one of us in the room, were expected to be perfect, we would all be unemployed. Yet you sit in judgment of a man that you feel has not lived up to your ideas of perfection. Page 94 May 11, 1999 In a country where from the president down to our local commission we as citizens being examined for questionable ethical infractions, and yet most are still in office, you still poised to remove an ethical man, a man of scrupulous morals. We should be rewarding him, not pushing him out the door. You want someone different? You should be careful what you wish for. I'm privileged to know Bob. No human being, let alone one with such compassion and integrity, should have been subjected to these recent events. Every corporation has a standard method of review and allows for timely due recourse. Why is there such a rush to subvert the correct order and procedure? Collier County is not a sinking ship, to use your analogy. But it is clearly under the subject of a mutiny, a struggle for who will call the shots and steer this ship. It seems to me that Bob's style of management simply confuses you. Who is this man that seeks to delegate responsibility instead of lording authority and micromanaging? Who is this man who works quietly behind the scenes, instead of making sure his picture and a quote are in the newspaper every day? Yet I open the paper and read of the machinations of this commission, and I hear them in this room today, and I am ashamed. The methods whereby this issue faces us today are highly unprofessional. If a premature discussion of this matter occurred, if Sunshine laws were violated and if there was a preemptive leak of your own agenda to the press, your actions have made you vulnerable to litigation. If you are innocent of this, no premature discussion should ever have been played out in the media. You had a process to follow this month that could easily have saved the dignity of everyone in this room, including yourselves. You say there is trouble communicating? This appalling action that has been communicated to those of us in the room is more communication than we can stomach today. And we find no trouble understanding why it is difficult to communicate with you. I have found it a comfort to know that a man of impeccable ethics is looking out for the interests of the people of Collier County. Not a man scrambling for a vote or pandering to special interests, not a man more interested in golf dates than in providing the most effective and cost-efficient service. It has been our privilege to have Bob looking out for us. And my final word is to remember this: The measure that you measure with will be measured back unto you. Thank you. (Applause.) MR. FERNANDEZ: Next speaker is Brian Kocses, and then Karin Rossi. MR. KOCSES: Good afternoon. I'm Brian Kocses. I've been a resident of Collier County since the early '60s when I moved here as a child. It's been a pleasure living here all my life, and I enjoy it. It's a very good place to live. And it's been improving by leaps and bounds over the years. Bob just happens to be a personal friend of mine. I know him quite well. I've known him since roughly when he moved here. He's -- as Cindy said, he's almost without flaw. It is hard to find a finer man anywhere. Not just the county, city, country, he is just as fine a man as could live. I would trust him with the lives of my family. I would trust him with any of yours, your financial well-being. He is completely selfless, as far as I've ever known him. He Page 95 May 11, 1999 would do nothing to better himself through this, only the county. On brief occasions when we've talked about county issues, I can only feel his interests are wholeheartedly for the county and its people. If there are 80,000 people in this county, if they would know Bob, they would trust him with their lives, because there is no finer man alive. He is as good as they come. I myself am a manager of over 50 people at a local store. With those people, I try to deal with each one of them. They're all different. I give them the benefit of the doubt. When we go over reviews, we review each other's progress, they review me, I review them, and we take that opportunity to learn from it. And unless they have some very, very bad flaws, generally we just discuss things. No action is taken against them for minor things. And I give them a chance to better themselves and make amends for any things they may have done. And I try to improve my style. I try to improve communication between both of us on both sides. If I don't get along with the way they communicate, I try to adapt and I ask them to adapt to my style. Mostly on Bob's account, I think he is a good administrator. He has the county in mind, the county's people. He never has a bad thing to say about anyone. And that's a lot to say, because he has a lot of people going against him, it seems. And if it takes an act of God to change everyone's minds, I hope God hops into each one of your hearts and convinces you that Bob is a good man, worthy of keeping. It is far too hard to go out anywhere and find someone to take his place, because you will not find anyone like him. That's one man's opinion. And I hope you would put that to heart. I appreciate your listening. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER NORRIS: Just for the record, I don't believe any of us have ever questioned Bob's integrity or his character, as far as I know. That's not the issue. And both of the previous two speakers seemed to focus on that, but that certainly is not part of this discussion. COMMISSIONER CONSTANTINE: No, I just scratched myself a note when he said Bob's a good man, because Bob is a good man and I like him. I have concerns about performance, but I don't question him or his ethics whatsoever. CHAIRWOMAN MAC'KIE: Not for a second. Next speaker? MR. FERNANDEZ: I understand Karin Rossi -- oh, there she is. Karin Rossi and then Fred Thomas. MS. ROSSI: For the record, my name is Karin Rossi, and I am just your average Collier County taxpayer and one of those people who watches Channel 54 in between loads of laundry. I have only one concern. I'll try and be brief. That is that perhaps the Board of Commissioners, in its haste to take action, may be leaving Collier County open to some sort of legal action, possibly a wrongful termination lawsuit. The only reason that I can see that applies to this situation for termination is unsatisfactory work performance, and I'm not certain that that has been proven. I have no firsthand experience here to know whether the county administrator does his job well or not. And in my efforts to determine that, I can find nothing to tell me either way. I find Page 96 May 11, 1999 vague quotes in the newspaper. Since the reviews aren't in or public, I have nothing to tell me whether he's doing a good job or not, and so we're relying on the decisions of the Board of Commissioners. And based on what I've heard, I'm not certain that you have arrived at that decision yet. I'm concerned that I hear discussion of replacements at this point. I think it's inappropriate. And I question you, if there were no appropriate candidate available for replacement, would you even be discussing whether .or not you were going to terminate the county administrator at this point? CHAIRWOMAN MAC'KIE: My reason for bringing that up was to make the point that -- and I recognize it was inappropriate, but I felt, you know, this is my only opportunity to say to my colleagues how I feel. My feeling is that only because we have qualified applicants who could step immediately into his shoes would I suggest Bob's removal. Because I don't think that it's a crisis. MS. ROSSI: Then that really gives me great concern about the possible liability for the county. Because if your reason for considering his termination is that you have someone that you are all more comfortable with or that you feel is perhaps better qualified, that's not good reason for termination. And once again, that can leave the county wide open for a lawsuit that can be very expensive. And as a mother, I would rather see my taxpayer dollars spent on things like community parks, better roads, maybe an additional sheriff's deputy, something other than legal fees. Also, I keep hearing reference to three votes already being decided, and as a Channel 54 watcher, I wonder what happens when the TV goes off. That just makes me curious, what am I am not seeing on TV. COMMISSIONER CONSTANTINE: You have to ask the commissioner that keeps saying that. MS. ROSSI: I'm sorry? COMMISSIONER CONSTANTINE: You have to ask the commissioner that keeps saying that. MS. ROSSI: So once again, I'd just like to express as a taxpayer, I'm very concerned about the possibility for liability and the subsequent then use of taxpayer funds. Also, I'd ask you to consider this from a cost benefits ratio. Is the cost, the possible cost here, not just in the process, which as Commissioner Carter mentioned, is just awful. Is the cost really .worth the benefit? I think not. And I urge the County Commissioners to please wield your power wisely. Thank you. CHAIRWOMAN MAC'KIE: As the next speakers come up, Mr. Weigel, you need to advise me if I'm saying things that might make the county subject to some liability. MR. WEIGEL: Nothing you have said subjects the county to liability so far. COMMISSIONER NORRIS: So far. MR. FERNANDEZ: Fred Thomas and then Frank Loney. MR. THOMAS: Yeah, Fred Thomas, a resident of Collier County. I am similarly situated to the county manager in that four times in my professional history I've come as a stranger to a town to head over a major department. Not nearly as major as his department. We had an outstanding administrator that you all begin to find fault with in Neil Dorrill. You came up and you got another gentleman in here that is significantly different than Neil. And normally when Page 97 May 11, 1999 you have that kind of a transition in a company of this size, some heads roll as they put together the team that's going to adjust to a new style and a new direction. I saw no heads roll here. He came in, a lot like I always go in, trying to work with existing staff, getting them to follow a new direction, a different kind of a person. It takes time to build that mass of intellectual professionalism into a fighting machine focused in a new direction that you all set when you brought a man totally different from Neil Dorrill to this county. But you have not given him the tools nor the opportunity to get the job done. And I recommend to housing authorities across the country, as a national consultant, that when they want to make a major seat change and bring a new executive director in, that they hire the executive director, fire every member of the staff, every member of the staff six months hence, and give the new administrator an opportunity to hire staff back. This is important, not because he has the power now, no. It's important because the employees know that they are seen as a valuable part of a team by the administrator, can give him the loyalty he deserves, and follow him to the breach. Because he's got to be able to count on top level administrators to creatively, in their own theaters of operation, follow him to the wall, even though the wall looks dangerous. He's got to depend on that in order to get what you all want done. You all have a very difficult task in trying to provide leadership for all these citizens. Because these citizens -- I'm going to talk a little bit bad about you all for a moment -- have come in here so fast that the personality of Collier County is like a teen-age kid. You can't ask a teen-age kid does he want to go to school -- CHAIRWOMAN MAC'KIE: That's so true. MR. THOMAS: -- you can't ask a teen-age kid does he want braces, you can't tell the folks in Golden Gate -- you can't let the Golden Gate folks say we don't want a village store anywhere in Golden Gate. Because you know down the road their teeth will rot out. Down the road all kinds of bad things will happen. So you need an administrator that can talk braces, you need an administrator that can talk education, but he's got to have a team behind him, a team that respects and knows that they're part of his team. He hasn't been given that opportunity yet. CHAIRWOMAN MAC'KIE: Well, Fred, when you say he hasn't been give that, tell me what you mean by that. We haven't given it? MR. THOMAS: No, no, it took me three years in my little small agency of 30 employees -- CHAIRWOMAN MAC'KIE: And he's got 1,200. MR. THOMAS -- 30 employees with four administrators to get two of my administrators to feel comfortable enough to me to tell me the bad news. Because they always wanted to show me just the good stuff. The two employees that I happened to hire because of normal attrition will tell me the bad news immediately. And then this -- he needs to know the bad news immediately. He's got staff out there that's not sharing all the stuff with him because they don't know one, are they part of this team, two, I don't want to be the one to bring him bad news or give him bad information because they don't thoroughly think it out. These kinds of problems are very difficult in that position, especially in an Page 98 May 11, 1999 environment where you're asked to do the impossible. Okay? You had Neil, you didn't want him. You got a new man here, and God knows, don't replace him with that good man over there -- that's an outstanding man, you understand, too; I've known him longer than I've known Neal -- and put him through the same situation. Pretty soon you begin to portray this organization as is the image of the DC Housing Authority where nobody will go of any competence or professional. They just won't go there, because the leadership is not going to give you the opportunity to do the job you've got to do. CHAIRWOMAN MAC'KIE: And Fred, here's my question: If Bob hasn't had the right tools, how could I have helped him get the right tools? That's within his complete control who he hires and fires. And if that's the reason why I've got bad information or incomplete information, frankly, that lack of decisive leadership is one of my problems, as he knows, as I've expressed directly to him. MR. THOMAS: In all candor, could he have come in here and fire half of his administrators and not get run out of here on a rail? No, he couldn't have done it. Thank you. COMMISSIONER CARTER: I think, Fred, you've raised a very interesting question -- (Applause.) COMMISSIONER CARTER: -- in this process. The private sector, you're exactly right. When a new CEO comes in, he cleans house. It didn't work before, it sure as hell's not going to work for me. So he puts it on people he can trust and know. Bob didn't do that. He took the team that was there. He's tried to work through it. He's had some bumps. I've had some conversations about where I think he's got to get more in their face and get certain things done differently. But I've only been here less than six months. He has satisfactorily met my expectations as an administrator, and I want to give him the chance to grow and to get this team to work. And I concur with the thinking that you gave. And that's why no matter what my evaluation is, you're not going to find a lot of negatives in it. You're going to find areas where I think he needs to improve and redirection, but I'm not ready to throw him overboard. (Applause.) MR. FERNANDEZ: Next speaker is Frank Loney and then Ty Agoston. CHAIRWOMAN MAC'KIE: Is Ty our last speaker? MR. FERNANDEZ: And then David Shealy. MR. LONEY: Good afternoon, Madam Chairman. My name is Frank Loney, for the records. I live in Collier County since 1979. I've been involved with a couple of the organizations. Today I present myself to you as a citizen, only as a taxpayer of Collier County. I got two beautiful kids, one of five and one of two months. And I'm here to tell you that what I'm hearing from us is a lot of confusion. We never went through this process before. We had the previous administrator think he was God. And forgive me if I use that term, because you know the way I feel about it. Today we got our administrator that proven totally different than this other administrator, and we want to get rid of him. I come to you to ask you, what is wrong with this system? I wasn't going to talk on this issue, and Mr. Carter know why I am here. That is another issue I will touch later on. But it looked like we are sitting down here paying your salaries to make you take a decision that is not convenient for the county. Are we interested in throwing out five million dollars to look for another administrator? Page 99 May 11, 1999 Are we interested in finding an administrator out of Collier County the way you do business here? You always do business bringing out the foreigner from somewhere out of the country. We talking our interim over there. God bless him if he come and work, because I know him also. You would do this to him in six months, and then say we're looking for another administrator? It's time we start thinking with our head. And I as a citizen, I please tell you, start reversing your machine right now. Because if not, election come, we got your number, and we can vote. We can take the decision for you. We don't -- you don't have to take the decision for me, I can take the decision for you. And I'm very involved with this, and I would like to see for Mr. Fernandez and his family at least a chance of opportunity. Don't just get the men from out of state and now you throw him off the board. Let's think about it. Let's have a period cooling. Let's try and say we give you another opportunity. If you nail the two years, thinks didn't change, then let's start business again over. But it's too early to talk about getting rid of our administrator, bring in another one. It's only two years. And in two years we cannot cut the government right. Thank you. (Applause.) MR. FERNANDEZ: Ty Agoston and then David Shealy. MR. AGOSTON: Good afternoon, ladies and gentlemen. It's getting late afternoon. My name is Ty Agoston. I live in Golden Gate Estates, that sometimes forgotten Golden Gate Estates, and I'm speaking for myself. A personal evaluation is always a very delicate time and often a painful one. And it seems that we are rehashing here the painful aspects of this process. I stood before you two years ago and I recommended you promote from within. It did not happen. And in the intervening years, there were a number of things that happened that I consider wrong. The meeting scheduling is one of them. While I am sure that most of you don't particularly worry about it, I personally value my free time. I'm retired. And I think most people who come before you, not with a self-interest, self-paid motive, but from good for the general public, don't want to spend their day waiting for you. They want to address you in a time specific manner and get out of here. There are -- another issue that bothered me, and I am involved with it now, and that's the sales tax. On authority no less than the Naples Daily News mentioned that the staff has brought up the sales tax issue as a good method of financing the various building sprees, in my opinion, that has been suggested by the staff. I have always been against tax increases. I'm a co-president of the taxpayers action group, and I have five children in the workforce, and most of them have to go to work in order to maintain a family because, oh, but we only increased the sales tax by one percent. Well, my friends, the sales tax is just one of the many taxes that the young people today have to face and have to hold and have to pay out. The last numbers I have seen, 50 percent of an average family's salary goes to -- COMMISSIONER NORRIS: Can you get back to the subject? MR. AGOSTON: Sorry? CHAIRWOMAN MAC'KIE: The subject. COMMISSIONER NORRIS: Can you get back to the subject? MR. AGOSTON: I am talking about the subject, Mr. Norris. I am Page 100 May 11, 1999 talking against the sales tax. COMMISSIONER NORRIS: Well, that's not the subject that we're dealing with. COMMISSIONER CARTER: It's not what we're dealing with. MR. AGOSTON: You're not? What are you dealing with? I thought you were dealing with qualifications. That's one of the issues that was brought up here by Mr. Fernandez because he speaks for the county. CHAIRWOMAN MAC'KIE: So he shouldn't have suggested to us alternatives for funding our capital shortfall, Ty? That's a criticism? MR. AGOSTON: I feel that if anybody is going to suggest a method of financing, it should be you. You live and die by voters. And as such, you're responsible directly for it. You're sitting here -- Mr. Fernandez, this is the only thing you can do for him. You can fire him. There's nothing I could do to him. And the bottom line of that is that I should be, and the people here alongside of me should be able to make decisions that are affecting them. UNIDENTIFIED SPEAKER: Sit down. MR. AGOSTON: Wow. I'm sorry that I got all of you upset by thinking that I went off the track, because I don't feel that I have. There are again a number of issues that I have a problem with Mr. Fernandez, and I also believe that an organization as large as this one should be able to produce its own successor, it should have been able to produce it two years ago, and it can do so now. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: David Shealy. COMMISSIONER CONSTANTINE: Final speaker? MR. FERNANDEZ: Final speaker. MR. SHEALY: Hello. I'm Dave Shealy. I wanted to let you to know that during Hurricane Georges when everything was supposed to be going so good, that there was a lot of in-fighting going on in the fire department down in the Everglades City, because Mr. Fernandez or someone in the county was trying to mesh the two organizations together, and from what I understand, that's failing (sic) now, but things weren't going that well. I was here before the Roberts family. My family moved to Collier County. And there was a motto back then, come to Florida, kill some Indians, take all the land you want. The only good Indian's a dead one. And that's -- my family came to Collier County to help build the first school. And I guess what I'm getting at is Barbara is -- and I'd like to address what Barbara had to say. This man's getting paid $150,000 a year. This man was not drug down here. This man came down here to make some money. I would move to Alaska for two years for half of that and be happy. My family -- CHAIRWOMAN MAC'KIE: We are not here to discuss his qualifications, Mr. Shealy. MR. SHEALY: -- is hungry. I have no food in my refrigerator. We've got a big comparison here. Here's a man who's getting paid for a job that some people think he's not doing, and here I am not getting paid for a job that I'm doing. And I'm just saying that we all need to look at this. And I like Mr. Fernandez, but I do understand the concerns. And I don't think it's fair to put a human face on him, Barbara, when you can't do it for me. Thank you very much. Page 101 May 11, 1999 CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: Madam Chair? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: I understand, and as Commissioner Carter had said earlier, it's an ugly process. This is no fun. The unfortunate reality is the only way we can do this process and the only way we're allowed to do this process is publicly. If you were in corporate America you would not do you this through the newspapers or anywhere else, and it's unfortunate that whatever we decide has to be handled this way, but it's required to be that. I wanted to respond to a couple of the speakers. The very first speaker talked about nobody's perfect and that we need to look at the average performance of Mr. Fernandez, his overall performance. And I don't think any of us expects him nor anyone to be perfect. And I'm sorry if that's the impression anyone has been given. But as I look at the average performance, and I think I word that fairly clearly in the evaluation, in my opinion the average of his performance isn't up to snuff. He's not fulfilling his obligations. And as was mentioned for the second speaker, I'm not criticizing his ethics. Bob is a good man. I've said that several times. And that's what makes this very difficult. But there have been problems with communication with us, with communication with the cities in this county, communications with the media, communications with other governmental agencies, like the fire departments. And perhaps of most concern, difficulty with communications with the public. And all of -- virtually everything branches out from those communications issues. There are any number of specifics in here, but communication in its various forms has consistently been a problem. I think the first speaker misunderstood my analogy. I'm not suggesting that the ship is sinking by any meanings. But I'm saying if everything is smooth and everything's going ahead but you can see some difficulty down the road if you continue in the same direction, then you alter direction. And I think we can. I'm not suggesting we abandon ship and Collier County as a whole's in terrible shape, but I am saying that the ship is being steered in the wrong direction right now. The part that gave me the most concern of the first speaker was suggesting that we're subverting the rules or ignoring procedures. And I think if you look at the county administrator's ordinance, we are following the procedures that are required by law to a tee in this process. And so I don't want anyone to misunderstand that and think we're bending rules. It's an awkward, ugly situation, it's no fun to go through, but it is what the law requires and we are following that exactly. The board has a very difficult responsibility. And I take -- and I know all of us take that very seriously. When I put this on the agenda, when I put this item on the agenda last Wednesday, the Naples Daily News contacted me, and I was talking with Gina, and I said to her I know I will be made out in some people's mind as the heavy or as the bad guy in all this. And so if it's popularity I'm seeking, I could have very easily stayed quiet and said nothing and everything would have been smooth and the vast majority of the public would have had no idea that these concerns existed or that they might crop up in a worse way a couple of years down the road. If I said nothing, maybe I'd be more popular for it, but I wouldn't be doing my job. I genuinely feel there is a problem. And those who know Bob -- Page 102 May 11, 1999 and I appreciate the comments, because personally he's a great guy. But I would ask you to please look at the evaluation, look at the specifics, look at the examples cited, item after item after item. And he has been given a chance. I just disagree with Fred Thomas that he's not been given an opportunity. In last year's review, several things were outlined. And there was certainly an opportunity to adjust there, whether that be his own activity or just staff or make whatever changes were necessary. And they haven't happened. And in many of those cases they've actually expanded and become worse. So there certainly has been ample opportunity. It doesn't bring me any joy to go through this process, but it is part of the responsibility of this job. And so when my opinion is, working with this person every day, that the job isn't being done as well as it could be done, then it's my responsibility to take action. And the other commissioners can agree with me or disagree with me, but I think we need to make a change for the best interest of Collier County. CHAIRWOMAN MAC'KIE: Is that a motion? COMMISSIONER CONSTANTINE: And I'll make that in the form of a motion that we pass the resolution of intent to terminate the employment of the county administrator and place the item for termination on our agenda two weeks from today. CHAIRWOMAN MAC'KIE: We have a motion. Do we have a second? COMMISSIONER NORRIS: I'll second. CHAIRWOMAN MAC'KIE: Motion and a second. Do we have discussion on the motion? Well, I'm going to support the motion for the reason that my problems are not the level of merely communication, my problems have more to do with what perhaps, as the first speaker said, maybe my misunderstanding of Mr. Fernandez's management style. And I reserve the right to change my mind in two weeks, and God works in my head all the time, so maybe He will work in the next two weeks. But I need to say, and it's difficult for me, but I need to say that my level of concern about the function of the job is serious enough to vote yes for this resolution. If I am able to be educated -- let me say this, let me be really clear. My concern about the job performance is lack of strong, firm, decisive leadership. Perhaps I am wrong and get -- that has been there and it's a matter of style. I am willing to listen if I am wrong about that. But make no bones about it, my problem is that I think we need stronger, more decisive, more active leadership. So that's going to be the reason that I vote the way I will vote. All in favor, please say aye. Opposed? COMMISSIONER CARTER: Aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Motion passes 3 to 2. Let's take a 15-minute break. (Recess taken.) CHAIRWOMAN MAC'KIE: We're going to call back to order the meeting of the Board of County Commissioners of May llth, 1999. Page 103 NAY 11 1999 RESOLUTION NO. 99-233 RESOLUTION OF INTENT TO TERMINATE THE EMPLOYMENT OF THE COUNTY ADMINISTRATOR WHEREAS, the County Administrator, Robert F. Fernandez, (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 eredeal 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 part of the published agenda of the Board meeting; and WHEREAS, 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, FLORIDA, 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 been included as part of the published agenda of the Board meeting. 2) The Board of County Commissioners hereby directs that a Resolution Terminating the Employment of the County Administrator be placed on a regular - 1 - HAY11 1999 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 ARorney to ensure that all procedures are properly followed. This Resolution adopted this 11th day of May, 1999 after motion, second and not less than three affirmative votes of the Board of County Commissioners. T ATTE. S :~ ' .,. "'% BOAKD OF COUNTY COMMISSIONERS DWIGHT E.' BROCi~.CLEKK COLLIER COUNTY, FLORIDA . .'. , 'L . Ap'pr0~,ed as to form' and' ' legal ,sufficiency:,," County Attorney - 2 - May 11, 1999 Item #11A1 CERTIFICATION OF ACCEPTANCE FOR THE STATE OF FLORIDA STOP VIOLENCE AGAINST WOMEN GRANTS PROGRAM SUBGRANT AWARD #99-DV-C1-09-21-01-009/ DOMESTIC VIOLENCE UNIT PROJECT IN THE AMOUNT OF $911125 - APPROVED The next item on our agenda is ll(A)(1), which is a Stop Violence Against Women Grant. I don't know, I saw Ms. Kenzel here before. I don't know who the -- there she is. COMMISSIONER NORRIS: There she is right there. CHAIRWOMAN MAC'KIE: This is something that's typically on our consent agenda. MS. KENZEL: Yes. I apologize, Commissioners. It was a routine matter. It was before you in January and I was somewhat surprised that it's on there today. COMMISSIONER NORRIS: If it's a routine item, I'll make a motion to approve. MS. KENZEL: Thank you. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) COMMISSIONER CARTER: Crystal, you're looking great. You really lost a lot of weight. She's a shadow of her former self. MS. KENZEL: Wait, I'll come back. Page 104 MAY ~ ~ 1999 State of Florida Department of Community Affairs Bureau of Community Assistance Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 99-DV-C1-09-21-01-009 in the amount of $91,125, for a project entitled: Domestic Violence Unit Project for the period of 03/01/99 through 12/31/99, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and speci.al conditions. governing this subgrant. Pame~a~ S. Mac'Kie, Chairwoman; Collier County Commission :..,(TylS~d~N~;'m..e..and Title of Official) DWI.GHT E. BROCK ~': :dL~K ?,:;' ;, ,; !:; T ' '%'~' :c','.' ',,' , Attest ~';:>~'o d"alrman'$ signature onTO. J~l~ta~t Coast3, At~u~ey DCA-CJ Form 1 (June, 1985) May 11, 1999 Item #12B1 ORDINANCE 99-32 RE PETITION R-99-04, RICHARD YOVANOVICH OF GOODLETTE COLEMAN & JOHNSON, P.A., REPRESENTING ANPLES DINNER THEATER ASSOCIATES, LTD., REQUESTING A REZONE FROM C-1 TO C-3 FOR PROPERTY LOCATED ON THE NORTH SIDE OF PIPER BOULEVARD IMMEDIATELY WEST OF CYPRESS WAY, BLOCK B, PALM RIVER ESTATES, UNIT 4 - ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: Okay. Item 12(B)(1) is an advertised public hearing, so all persons wishing to be heard on this matter -- this is the -- how do I -- the Naples Dinner Theatre property. Anybody who wants to be heard on this matter, please stand and raise your right hand and be sworn in by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Is there disclosure from board members? COMMISSIONER BERRY: Yes. MR. FERNANDEZ: Public comment? CHAIRWOMAN MAC'KIE: Yes. Oh, my goodness, I skipped public comment. COMMISSIONER BERRY: Well, let's go ahead and hear this item and go back. CHAIRWOMAN MAC'KIE: Hear it since I've called it? COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: Do we have more than one registered public comment? MR. FERNANDEZ: You have three. CHAIRWOMAN MAC'KIE: We have three. I apologize, but if you wouldn't mind delaying just a little bit more, we'll do this matter first since I've called it. I have to disclose that I have discussed this matter briefly with Mr. Yovanovich. I don't think I've -- oh, I'm sorry, no, not discussed it with Mr. Yovanovich, but I have discussed it with the property owner. COMMISSIONER NORRIS: I've discussed the matter with the representative and the property owners. COMMISSIONER BERRY: I have discussed the matter with both sides of this issue. COMMISSIONER CARTER: I have discussed the matter with the property owner. COMMISSIONER CONSTANTINE: I've had all kinds of discussions on this. CHAIRWOMAN MAC'KIE: I guess that's legally adequate disclosure. Go ahead, Mr. Nino. MR. NINO: For the record, Ron Nino, Planning Services. The matter before you today is the request for rezoning property located on the northwest corner of Airport Road -- I mean, Cypress Way and the Immokalee Canal. It is the site of the current Naples Dinner Theatre. The property is zoned C-1. COMMISSIONER CONSTANTINE: Ron, can I interrupt just a second? And I'm sorry. Maybe we can just cut to the chase here. It seems it hasn't been used for a while. MR. NINO: Exactly. COMMISSIONER CONSTANTINE: The zoning has changed since 20 some odd years ago when it was first was allowed there. They'd like to Page 105 May 11, 1999 have a dinner theatre there again, the way it was for 20 years. We'd like to accommodate that. I understand there's some concern from the public about other C-3 uses. Is there a way for us to allow dinner theatre use and not allow all the other uses that are listed in C-3 and could potentially, whether it's tomorrow or five years from now, potentially not be what we want to have there? MR. NINO: I understand it's possible to zone property C-3 and restrict the use only to Naples Dinner Theatre of the C-3 uses. CHAIRWOMAN MAC'KIE: And in fact, isn't that what the application is? MR. NINO: Pardon? CHAIRWOMAN MAC'KIE: Isn't that what the applicant is seeking? MR. NINO: I don't -- the applicant has asked for C-3. The applicant will have to make -- COMMISSIONER CONSTANTINE: And I'm just -- CHAIRWOMAN MAC'KIE: I don't think so. COMMISSIONER CONSTANTINE: -- trying to shorten the process here. If the applicant is willing to say we agree, that's the only use it can be used for, great. I think that would probably simplify the process and put a lot of neighbors at ease. MR. YOVANOVICH: Should I go at this time? CHAIRWOMAN MAC'KIE: Yes, Mr. Yovanovich. MR. YOVANOVICH: For the record, Rich Yovanovich, representing Naples Dinner Theatre Associates, Limited. That is correct, we were required to apply for the C-3 rezoning for the property in order for it to comply with zoning. We have said and have always said, including at the Planning Commission, that the only C-3 use we are seeking at this time is the dinner theatre use, plus the existing C-1 office uses. So we've always said -- and the only way to legally do it is to do it as a C-3 minus, as it's being -- COMMISSIONER CONSTANTINE: Line through every other use. MR. YOVANOVICH: -- called. And strike all the other uses other than the dinner theatre use. CHAIRWOMAN MAC'KIE: So what you're requesting is to leave the zoning at C-1 -- I mean effectively, you want to change the zoning to C-37 MR. YOVANOVICH: Correct. CHAIRWOMAN MAC'KIE: And to keep the C-1 uses. What about C-2, are you trying to get C-2 uses? MR. YOVANOVICH: No. CHAIRWOMAN MAC'KIE: No. So this property would be zoned C-3, but it's -- it would actually have like an asterisk on the zoning map that would say the permitted uses are C-1 plus a dinner theatre. MR. YOVANOVICH: Correct. And the only way to legally do that -- CHAIRWOMAN MAC'KIE: Understood. MR. YOVANOVICH: -- is a C-3 minus concept. COMMISSIONER NORRIS: The net effect of this, Mr. Yovanovich, is, for the benefit of the property owners that may have a concern, is that any other use that you ever want to do in the future that it would be under C-3 that you want to convert to, would require you to come back to the Board of County Commissioners for permission. MR. YOVANOVICH: Absolutely. Absolutely. CHAIRWOMAN MAC'KIE: Okay. Well, maybe with that on the table, we can go to public speakers, unless there are other questions from board members. Page 106 May 11, 1999 MR. FERNANDEZ: First speaker is James Siesky and then Jean Belt. MR. SIESKY: Good afternoon, Commissioners. Jim Siesky representing three entities: Continental Health Care Properties, Inc., Celebrity House of Naples, Inc., and Palm Rivers Homeowners' Association. These are all the neighbors for the property except to the south. And yes, we are not opposed to the use of the property as a dinner theatre, we're opposed to the method of getting it to that use. We want it to be known that this is not properly zoned C-3. We want it to be -- we don't want to fight this battle again in two or three years when this owner sells the property and they say well, really, it's already zoned C-3, all we want you to do is eliminate these restrictions that you've placed on it. We think there's a different way to accomplish the same objective, and that is to declare this as a nonconforming use that is not abandoned. We discussed this with Ms. Student. She says it can be done. CHAIRWOMAN MAC'KIE: But that doesn't make it a permitted use, which is -- MR. SIESKY: That's true, it does not. Except it can be continued to use just as it had been used over the past eight or 10 years after the zoning had changed. Another way to get this accomplished also is to use a PUD. That would again require this property owner to come back in two or three years or five years, when the property is sold, to get it zoned again to some other use. We think there are good reasons to follow this approach. During the Planning Commission meeting, Mr. Nino said anybody else that came in to this area and just applied for zoning to get C-3, if there were nothing on this property, he said it's just like any other activity center. I suggest to you it is not just like any other activity center. Any other activity center does not have two entrances to a subdivision going right through the center of it. The real problem here is the traffic. I don't know if you've been to this area recently. But if you tried to come out from Palm River, there are two exits: The first one is at the Fairway Motel, there's a traffic light there and that aids the exit. But because of the configuration, there's a travel road just north of Immokalee Road. That causes a backup right there. It's difficult for cars to get in and get in line to get out. Also, with regard to the other exit by the Naples Dinner Theatre, that's obviously a right only, in most instances, because of the traffic. This is not like any other activity center. The current low intensity uses don't -- still cause difficulty, but we're concerned that any more intense use could create significant problems for the people of Palm River to exit and enter that property, their home. We're not opposed to use as a dinner theatre, because that's an off-hour use in general. We're not opposed to the C-1 zoning, that's fine also. But we are opposed to having it zoned C-3, and we don't want to have to come back and fight this battle again the next time someone wants to make a different use of the property. CHAIRWOMAN MAC'KIE: Mr. Siesky, if I could just interrupt you to ask Ms. Student, we have two lawyers now telling us two different things. One says the only legal way to do it is C-3 minus. This Page 107 May 11, 1999 lawyer is telling us that that's not the only legal way to do it. What are our options? MS. STUDENT: Okay, I'd like to -- Marjorie Student, assistant county attorney, for the record. I'd like to make one clarification. I believe I told Mr. Siesky that on the nonconforming use issue, that might be an option and it was something that, you know, could be looked into. And in discussing this with the county attorney, we feel that the better option is to go with the C-3 with a limitation of the uses. We have done that before. CHAIRWOMAN MAC'KIE: We have. MS. STUDENT: This is more predictable. It is -- you know, sets a point in time from the date of the approval, you know, that the property owner could go forward. And we have done this many times. And in fact, if any other uses were sought, as has been stated, the applicant would have to come back to this board and to the Planning Commission and have other public hearings, and this would be noted on the zoning atlas map. So I don't really understand what the property owner's concern is. We've done this many times before, and it has not presented a problem. And I think this is the better way to go. COMMISSIONER NORRIS: Wouldn't it also, if it were done under a PUD and they wanted to change the use in the future, wouldn't they not have to go through the same process? MS. STUDENT: Yes, they -- CHAIRWOMAN MAC'KIE: Same thing. MS. STUDENT: -- you're quite correct. Because a PUD -- an amendment to tax by our code requires another public hearing and so the PUD would require the exact same process as this would. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Mr. Siesky, you understand that if it has the C-3 zoning with only one allowed use, or if there are nonconforming uses, you've suggested either of those scenarios would require them, should they ever want a different use, to come back to this public forum and request that. Do you understand that? MR. SIESKY: I understand that. COMMISSIONER CONSTANTINE: Your concern is more the semantics of when they come back, they'll say, well, we just want an extra C-37 MR. SIESKY: My concern is having the genie out of the bottle. It's C-3 now. We're only limited in our uses. You're not here anymore. We've got new board members. They say oh, yeah, it is C-3. Yeah, Mr. Nino says it is properly C-3. Why don't we just let them have the uses that they've asked for? CHAIRWOMAN MAC'KIE: I think that it'd be so hard for them to come in when they've got C-3 with pages of strike-outs. If that doesn't make the point that protects your clients better than C-1 with a plus, I'd rather -- if I were going to make the argument to let the genie all the way out of the bottle 10 years from now, I'd say it's C-l, but look, they've already given us this one C-3 use. Nothing says that the other C-3's are prohibited. Today we're saying the other C-3's are prohibited. It's a much stronger statement in your client's behalf, it seems to me. COMMISSIONER CONSTANTINE: I guess my point when I ask that question is just the reality is either one of those scenarios requires a public forum, and while the likelihood of me being -- sitting here when that comes back is pretty slim. The -- I have pretty good Page 108 May 11, 1999 confidence that whomever is sitting up here will be able to see through either one of those arguments, and they will either -- they'll vote on the merits of the issue. So I understand the concern. My primary concern is I don't have any objection to the dinner theatre in continuing the way it's been for 20 years. My primary concern, like yours, is not to see that it opens up a whole bunch of new uses. I don't see what's being requested as doing that. MR. SIESKY: Commissioner, I understand your position, but I also understand the position of my clients. They've spent the entire day here getting a civics lesson they probably didn't want. CHAIRWOMAN MAC'KIE: True. MR. SIESKY: And they're here to let you know, to demonstrate to you exactly how important this is to them. They want this property not to be zoned C-30 Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Mr. Weigel, and then other speakers. MR. WEIGEL: Thanks. Just a little postscript on the discussion, and that is since the board meets Solomon-like decision-making to provide solutions other than problems, I think that the C-3 minus concept may be a little more solution like in the sense that it would absolutely remove the possibility of any ancillary issues of noncontinuation of the nonconforming use right now. Because we don't know I guess a date certain, whether it's two weeks or two months from now, when the property would be utilized as a dinner theatre again. But if it's frozen in its absolute way in the C-3 minus zoning, you're talking about, then that will not be an issue for the owners or anyone else. And I also think you've done a fine service up to this point, and it will continue as you continue through the item, in creating the kind of record that the adjoining property owners will have at their disposal if there should be a need in the future to readdress the zoning of this particular property. CHAIRWOMAN MAC'KIE: Are there any other speakers, Mr. Fernandez? MR. FERNANDEZ: Jean Belt and then Charles Healy. MS. BELT: Good afternoon, Madam Chairman, Commissioners. First I would like to say that it would change that C-3, that's the only -- C-3 in that whole unit. All the rest of it is C-l, which I hadn't mentioned in here, but I thought that should be brought out. As you know, my name is Jean Belt. I do live in Palm River, and I am president of the Palm Rivers Homeowners and Civic Association. And I am here today in opposition to the rezoning request for property occupied by the Naples Dinner Theatre for the current C-1 classification to C-3 they asked to you establish at this hearing. Property owners in Palm River are not opposed to reestablishing the dinner theatre as a functional business. It has been part of our community for a long time, and we have been very proud to have them as a landmark. They have been a supporting member of our association and our work for many years. But at our last board of directors' meetings, there were residents' in attendance concerned with the proposed change. And I'm sure you all realize, like every other neighborhood, we have a very changing neighborhood right now. You might call it old to young. Parents are concerned with the types of businesses that could come in there, and especially under a code C-3. It would create more traffic with cars, trucks. Right now we have 11 buses daily that go Page 109 May 11, 1999 through Palm River picking up children from kindergarten through high school. And after all was said and done at our meeting, it was a consensus and unanimous decision to oppose changing the zone classification to C-3 just to keep open the dinner theatre. It also was the consensus and unanimous decision of the board that the best and most fair solution would be your decision to keep it C-1 current zoning and reestablish the nonconforming use as a dinner theatre to allow them to reopen, which I understand is what they really want to do. Presuming the reopening is what they want to do and desire to do, keeping Class I -- C-1 class and giving the dinner theatre nonconforming use could satisfy them and our Palm River residents. I think about 3,000 of them. We especially ask you to protect our community of residents by not revising the zoning classification but to enable the dinner theatre to be reestablished as a nonconforming use in the current C-1 classification. Thank you. (Applause.) COMMISSIONER BERRY: What does the C-3 give them that the C-1 doesn't? I mean, I'm talking about the gutted version of the C-3, what does it give them that the C-1 doesn't give them? MR. NINO: A dinner theatre. Only the dinner theatre in addition to C-1 uses. COMMISSIONER BERRY: Anything on height? Is there any difference? CHAIRWOMA/~ MAC'KIE: No. MR. SIESKY: It's 50 feet in C-3 as 30 feet to -- MR. FERNANDEZ: Madam Chair, the question is being addressed to staff. MR. NINO: C-3 is a height of 50 feet, whereas the C-1 is a height of 35 feet. However, the dinner theatre is real bricks and mortar. It's there, and it's certainly not 50 feet high. CHAIRWOMAN MAC'KIE: If they wanted to build a 50-foot high dinner theatre, could they? MR. NINO: I assume they could, if they tore it down. COMMISSIONER CONSTANTINE: I'm willing to bet they might even stipulate to limiting the height. COMMISSIONER BERRY: Well, that -- I mean, I'm just trying to get at what else is there? I mean, if you end up with the same thing in both cases, what is it we're doing here? If the C-1 gives them the dinner theatre as a nonconforming use, what does the C-3 give them? COMMISSIONER CONSTANTINE: The only difference, that if they have a nonconforming use, you have a certain amount of time that you have to -- you exercise that right by or it goes away -- COMMISSIONER BERRY: Right, okay. COMMISSIONER CONSTANTINE: -- or if there's a vacancy there for any period of time, it goes away. COMMISSIONER NORRIS: Six months, I think. COMMISSIONER CONSTANTINE: Whereas, if they get the C-3, they can use that. And if it takes them six months and a day to renovate it, they don't have to come back and do this again. It does not give them -- if we limit it. I think the height's probably a good point. If we limit some of those other things, it doesn't give them anything extra, but it just solidifies that yes, they can use it for that use. COMMISSIONER BERRY: So we can -- Page 110 May 11, 1999 COMMISSIONER CARTER: Well, what's the time line on a C-l? I mean, how long do they have to get in there and start doing what they're doing under a nonconforming process? MR. NINO: I don't understand this line of logic. If it's zoned C-1 -- the argument is to keep it C-1 and add the dinner theatre as a special use in this one geographic area. COMMISSIONER BERRY: Right. MR. NINO: Our attorney's office has suggested that that's not the preferable way to go. The preferable way to go is to zone it C-3, but limit it to only the dinner theatre use of the C-3 list of uses, plus the C-1 uses. Because C-1 is -- our ordinances are hierarchal in terms of the C-1 and C-2 uses. The argument here has been that the only uses about to carry forward are the C-1 uses and not the C-2 uses, plus one use of the C-3 dinner theatre. COMMISSIONER CONSTANTINE: And I think the homeowners just want to make it foolproof that other C-3 uses aren't going to slip through the back door. (Applause.) COMMISSIONER CARTER: I think probably what we're talking about is a trust issue here. Can they trust that it's going to -- if we went C-3 and excluded everything else, but leave the dinner theatre, I'm getting a sense they don't trust that it will stay that way. What they're saying is I want the other. (Applause.) COMMISSIONER CARTER: Now, my question for the attorney is, does this put us in a vulnerable position to do C-1 with an exemption for the dinner theatre? MR. WEIGEL: We felt that it did, as opposed to the C-3 with a limitation. One other thing is in regard to the current status as a nonconforming use in the C-1 is, as I mentioned, if you put it in the C -- if you rezoned the C-3 with a limitation for the dinner theatre, what that does from the time of this action forward is it not only currently removes it from being a nonconforming use, but if the dinner theatre were to be non-used for a period in the future, even years from now, that zoning for that use remains and would not be subject to loss by failure to continue. CHAIRWOMAN MAC'KIE: Do we have other speakers? MR. FERNANDEZ: Yes you do. Charles Healy. COMMISSIONER BERRY: What you were saying, if they did not go in and either secure someone else to run the dinner theatre, whatever, let's say in eight months, it's still sitting there? MR. WEIGEL: It's still sitting there in eight months. Or let's say it starts up and runs a couple years and then stops again for whatever reason. If the rezone were to occur as requested here, the C-3 fezone, it can continue and stop and/or recontinue again at some point in the future. It's not at risk to lose its ability to be a dinner theatre on some future event that stops it from being continuously used as a dinner theatre. Another aspect of this is, of course, that if it's a non -- if it's no longer a nonconforming use but a limited use, frozen in the new zoning, it is a property that perhaps is attractive to other entrepreneurs even than the current owner for -- which may lend itself toward a continuity of dinner theatre use in the future, even with different ownership. That's how it kind of leads out. Page 111 May 11, 1999 COMMISSIONER NORRIS: The other thing about a nonconforming use, Mr. Nino, would be suppose you had a fire that damaged over 50 percent of the building. You would lose the use, would you not? MR. NINO: That is correct. MR. FERNANDEZ: Charles Healy and then Bill Hunt. MR. HEALY: I'm Charles Healy. I'm a resident of Palm River Estates and a long-time resident. I've been a part-time and a full-time resident since 1975. CHAIRWOMAN MAC'KIE: Please forgive my interruption, but were you sworn, sir? I didn't -- did you swear in? Okay, I'm sorry. MR. HEALY: Okay. We're all in favor of the dinner theatre. We all enjoyed what they offered in the way of culture and entertainment. Unfortunately, they closed up two years ago for reasons of their own, most of us which are familiar with. We are interested in changing the zoning to change the -- to C-1 to nonconforming because there are less opportunities if they should go out of business again or somebody doesn't want to buy it. That building is useless for anybody but a theatre. It's well equipped, it's -- I hope it would run. But in the event that it doesn't, we're right back where we started. There is no -- nothing from the western extreme of Palm River to the eastern extreme, which now is occupied by a medical building. And the dinner theatre is there and then there is a parking lot area, and I'm not sure where that really goes. Again, I am recommending on behalf of the board and the members of Palm River Associates that we petition for C-1 with a nonconforming use. Thank you. MR. FERNANDEZ: Next speaker is Bill Hunt and then Nelson Decker. COMMISSIONER CONSTANTINE: Mr. Fernandez, how many speakers do we have? MR. DECKER: I think Bill Hunt has left. MR. FERNANDEZ: Two more after Mr. Decker. CHAIRWOMAN MAC'KIE: Are you Mr. Decker? MR. DECKER: Yes, I am. CHAIRWOMAN MAC'KIE: And the next speaker after him? MR. FERNANDEZ: James Boswell. MR. DECKER: Good afternoon, Madam Chairperson and County Commissioners. It is a pleasure to be before you and for you to give me these few minutes of time. I thank you very much. My name is Nelson Decker and I have lived during the past 15 years in Palm River Estates. I live on Pompano Drive, which is in the section back on Cypress Way a ways back behind the Naples Dinner Theatre. I have lived there for 15 years, as I say, and that's the first time I've ever lived that long any one place in my entire life. But I guess when we get in paradise, we tend to do things a little bit differently. At least I have. I'm here today to speak on behalf of the Greenwood Homeowners' Association, as I am president of that organization, and also of the Palm River Homeowners' Association, of which I am a member. The Greenwood Homeowners' Association is bounded by Cypress Way East, Pompano Drive, and Eastwood, within -- all within the Palm River Estates. For nearly all of these 15 years, I've had the great pleasure of frequenting the fine Naples Dinner Theatre, with its abundance of good food, fine shows and in their own words, ambience. And you hear that many times here. I was truly sorry to see it close. Page 112 May 11, 1999 But knowing Mr. Fisk and realizing his declining health, I could only really hope for his best. Now the future of that property is at stake. And decisions that are made now at this time will have a lasting effect on the immediate area. We all need to be cognizant of the impact of that property with respect to traffic flow, building heights, aesthetics, sound, et cetera. Also including, of course, the effect it may have on the assisted living facility, with its proximity being less than 100 feet behind the dinner theatre. The present C-1 zoning is compatible with the zoning of all of the property within hundreds of feet within that area of the dinner theatre. To the best of my knowledge, the present C-1 zoning has proven to be very acceptable to all the parties involved. C-3 would really be opening the door for numerous types of other businesses. I believe it's more than what was said over here. I think it could even stretch out to automotive operations of some kind, marinas and things of that sort. I don't know, the marinas, I guess they'd have to run the boats up and down the canal. But certainly marinas do fall within C-3 and not within C-1. So there are many different things there. And in addition, of course, the traffic problems that it would cause on Piper Boulevard. Possible even outdoor storage that could occur there with the bringing on of rats and rodents and various other kinds of undesirable problems. We do not want these problems in our front yard. And I really do emphasize front yard, because that is one of the three main focal points for anyone coming into Palm River Estates. And we all know that we need all the help there that we can possibly get. The sale of that property actually -- I'm not sure all of the reasons for this request for rezoning at the present time. But certainly the sale of that property has been underway, or the attempted sale, for an extended period of time. Apparently there has not been success. And so it's very questionable if it does get rezoned to C-3, very questionable as to what it would get sold to and what would end up coming in there next. It's -- C-3 I think is a dangerous avenue for us to partake in. Once the camel gets its nose under the tent, we all know what can happen from that point on. And going to C-3, with the kinds of limitations that have been stated here, I think that it's opening a door for drastic things in comparison with keeping it as C-1 with a nonconformity that has existed in the past. To keep it brief, I will just summarize. In summarizing, I want to say that we have all been proud of the Naples Dinner Theatre in the past. I have often used it with pride as a landmark in guiding people to our community and to my home. I highly recommend that you find it appropriate to continue into the foreseeable future the C-1 zoning, as it has been in the past, and not change it to C-3. I thank you very much. (Applause.) CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: James Boswell and then Robert Davey. CHAIRWOMAN MAC'KIE: Is Mr. Boswell here? MR. BOSWELL: Yes, commissioners, we're on a different petition. CHAIRWOMAN MAC'KIE: Okay, so that's not -- you need to speak to the county administrator and make sure you get on the right item. This is not the one he wishes to speak on after all. And the other name that you called? Page 113 May 11, 1999 MR. FERNANDEZ: Robert Davey. MR. DAVEY: Robert Davey, and I'm on the same one as Robert Boswell. CHAIRWOMAN MAC'KIE: Besides those two, are there any others? MR. FERNANDEZ: No, those are the only ones. CHAIRWOMAN MAC'KIE: Okay, then I'll close the public hearing and entertain a motion. COMMISSIONER NORRIS: If nobody's going to make a motion, I will. I move that we approve the C-3 zoning with a limitation of only dinner theatre. CHAIRWOMAN MAC'KIE: And the height limitation as well? COMMISSIONER NORRIS: And the height limitation of 35 feet. CHAIRWOMAN MAC'KIE: It seems to me that -- I understand there's fear out there, but it accomplishes -- I think it protects the property owners more than what they think, you know. I think it protects you a whole lot more than if we do C-1 with a nonconforming use. COMMISSIONER BERRY: Well, that's what I keep trying to ask, what is the downside if we go to the C-3 and gut it, with the exception of a dinner theatre use and we limit the height? What's the downside of doing that? COMMISSIONER CONSTANTINE: I think the perceived downside is the camel under the -- camel's nose under the tent. I think reality is -- and I understand the concern. I'm going to support the motion only because reality is either one of those scenarios requires a public hearing before anything can ever happen again. Somebody can make a different verbal argument when they stand at that podium maybe one way or the other, but the decision would be identical from the board. Either they're going to allow other uses or they're not. Nothing can happen unless it comes back here. COMMISSIONER BERRY: Couldn't they do the same thing with a C-l? CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER CONSTANTINE: Yes. COMMISSIONER BERRY: So it doesn't make any difference. CHAIRWOMAN MAC'KIE: We're just going on the recommendation of our attorney about what's the legally best way to do it. COMMISSIONER BERRY: Right. And the attorney's recommendation is the C-3 gutted -- MR. WEIGEL: That's right. COMMISSIONER BERRY: -- with the limitations of the dinner theatre, and then we're adding the height restriction? MR. WEIGEL: That's right. CHAIRWOMAN MAC'KIE: Is there a second to this motion? MR. WEIGEL: You've created a very substantial record today for future use of anyone who's got a problem for future zoning. COMMISSIONER CONSTANTINE: And I understand -- I will second it, because I do understand the concern, but I am comfortable that the public hearing process will weed that out. I know that's a scary prospect, but I'm very confident that unless -- because nothing can change unless it's in this forum, that you'll still be taken care of. CHAIRWOMAN MAC'KIE: Rich, I guess the only thing you might need to get on the record is whether or not you agree to that height limitation. MR. YOVANOVICH: On the height, I -- candidly, I don't know how tall the building is. So I would prefer either the 35 feet or the Page 114 May 11, 1999 existing height, whichever is higher, because I don't know. If it's 40 feet, I'd hate to find out that we agreed to something that we shouldn't have agreed to. COMMISSIONER NORRIS: I thought about that myself, and that's a reasonable expectation, that the existing building can stand as it is, but not go any higher. So I'll make that a part of the motion. CHAIRWOMAN MAC'KIE: Second? COMMISSIONER CONSTANTINE: Here. CHAIRWOMAN MAC'KIE: Motion and a second. Is there further discussion on the motion? COMMISSIONER CARTER: Madam Commissioner? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CARTER: When they came to me, the owners of the dinner theatre, C-3 made all the sense in the world to me to do what needed to be done. However, I'm listening to homeowners out there still have a fear of the process. I cannot support the motion with that fear still prevailing. Somewhere along the line we have to do a better job of convincing the public that the public hearing process in effect works and that they won't get sold downstream later on by a different commission who may not have been party to this discussion, so I have to stay with C-1. CHAIRWOMAN MAC'KIE: Okay. We have -~ (Applause.) CHAIRWOMAN MAC'KIE: We have a motion and a second. All in favor, please say aye. Opposed? COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: The motion passes 4 to 1. Item #11B1 MR. RODRIGUEZ RE DIFFERENT ORGANIZATIONS IN COLLIER COUNTY We will go back now, with my apologies, to public comment on general comments. Mr. Fernandez. MR. FERNANDEZ: First speaker is Frank Rodriguez and then David Shealy. CHAIRWOMAN MAC'KIE: If we could ask you to please quietly leave the room. Excuse me, could we ask you please to have your discussions outside of the room so we can go ahead with our business. Mr. Rodriguez? MR. RODRIGUEZ: Thank you. Good afternoon, Madam Chair and commissioners. Thank you for allowing me this time. And for the record, I'm Frank Rodriguez, and I'd like to clarify that I'm not representing any organization or group on which I serve or chair. I am representing myself in what I'm going to bring for the commission. And what brings me here today is a result of a previous resolution that the commission approved back on April 13th. And I do have something to offer you in the best sense of maybe continuing with something that I feel makes sense and help in bringing people together and developing consensus. Why I say that I do this, representing myself, I consider that I am quite informed and qualified due to the fact that I am involved in different organizations and community efforts in Collier County. I have been living for near 10 years now in Collier County, and I am Page 115 May 11, 1999 aware and actively involved in supporting actions aimed at diversifying our business, our industry and our economy. Just to give you a brief reference to this, I do chair the Hispanic Affairs Advisory Board, which was appointed by the County Commission back about 1991. And I'm currently current chair president for that, but I'm not representing the Hispanic board at this point. I am also president of the Collier County Banking Partnership, which is an organization that -- where we identify financial needs in the community, mainly in the low or moderate income sectors. And we have been able to come up with programs to help families become homeowners and small business people to get financing for small businesses. And the next step in the agenda, beginning this year, is to look into opportunities for community and business development and redevelopment focused in the area of Immokalee and the Immokalee Airport projects. I am a volunteer and business consultant with Florida Gulf Coast University Small Business Development Center, helping people that are establishing businesses or expanding businesses. I serve as a volunteer on the Citizens Commission for the Collier County Sheriff's Office, and also in the Minority Task Force with the Collier County Sheriff's Office, where we have been able to promote recruitment, retention and promotion of minorities in the Collier County Sheriff's Department. I co-chair the Economic Development Council International Task Force, which is working, and we are working on a program to promote Collier County and Naples at the international level, to stimulate foreign investors who come into Collier County and establish business and some help in the diversification of business and industry. I am serving in the business development committee with the East Naples Civic Association, and we are beginning to draft a program to help all the businesses within the association's geographical area. I serve on the board of the Workforce Development Board Region 24 for workforce development, and to bring people from welfare to work and from school to work and other situations. I chair the United Council of Hispanic Organizations, which is information now, and we cover nine counties and over 30 different Hispanic organizations and groups, including community development efforts and chambers of commerce and other city groups. And lately I'm mentoring in the creation of the Haitians American Association in Collier County. And throughout all these contacts and involvement in the community, I learned a lot from the ground up as to how people perceive things and how people are trying to actually turn things around for the better. So I took the initiative of putting something together that I will share with you that I hope, and the intention for you to use this maybe as a reference, or maybe you choose to call a task force or a committee to put something together. And the title is A Resolution to Stimulate a Diversity Initiative in Collier County. And I have copies, one for each and one for the chair and the commissioners. And I'd like to read this for the benefit of everyone. CHAIRWOMAN MAC'KIE: Go ahead. MR. RODRIGUEZ: The United States of America has achieved world leadership and power by developing common ties and bonds among people of diverse nationalities and cultures, working to reach the common Page 116 May 11, 1999 goals of freedom, equality and the realization of the American dream. One of the strongest bonding elements has been the use of the English language in national and international relations, as the common language for private, public business and official communications among its multi-national, multi-cultural and multi-ethnic society. The State of Florida holds a most strategic geographical location, which facilities business and other relationships with countries of diverse cultures, including Mexico, the Caribbean Nations, Central America and South America, and such a favorable location has enhanced the state's economic growth to reach a higher rate than that of the United States, to a level that if it was an independent nation, it would the 16th largest market in the world and the fifth largest economy of the Americas. Collier County's growing diverse population reaffirms the fact that people from diverse cultural and ethnic backgrounds who recognize the use of English as their common language work together toward a common goal and realize that their success depends upon supporting and stimulating innovation, teamwork and sharing of information achieved from diversity. The Board of County Commissioners values diverse backgrounds, fresh approach to problem solving, English as a common language, and insight into the culture of all residents and visitors and, furthermore, recognizes that economic opportunities and the success of generations to come in the local and global market depends upon the continuing success of all of us advancing diversity in the public, private and corporate sectors. The Board of County Commissioners resolves and hereby publicly announces that it encourages, supports, promotes and will lead a county-wide diversity initiative throughout all county government agencies, departments, appointed or volunteer boards of advisors, existing of new committees to be created in future years. Furthermore, will encourage the private sector to enthusiastically join this diversity initiative for the mutual benefit of Collier County, existing and new residents, visitors and foreign business entrepreneurs who will be welcomed to their new home in Collier County. This is what I offer you to consider if and when you make a decision to maybe put together some type of resolution that will be all-inclusive, that will be objective, that will not single out anyone in the community, anyone at all. It will bring everyone together. And we are definitely, myself and people that I know, we are more than happy to help and to contribute with that effort, if you so decide. I would like, believe me, to hear from you some type of expression of commitment that some action will be taken on this. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I think this is pretty well written. I have -- and I think Frank has a copy of -- I've actually just written a drift recently of a resolution that I'll just distribute to each of you and look for some feedback on that does something similar, recognizes the good things that go on, not only in our community but all around, some of the benefits of this. So I think we may be on the right track with that. CHAIRWOMAN MAC'KIE: Is this in substitution to the English only, or in addition to the English only and reaction to the English only? What's -- where are we going here? Page 117 May 11, 1999 COMMISSIONER CARTER: I think this is what -- COMMISSIONER CONSTANTINE: No, my draft was just a supplement, I think, to clarify the position of the board, not necessarily to replace anything. But I think we need to have a very clear message, and I'm not sure with all the discussion that's going on, any harm will come from having an additional resolution. COMMISSIONER CARTER: Well, the resolution that was circulated that I have seen is -- it supports diversity, of which I'm an advocate, and Frank knows, I'm an advocate of diversity in a community in supporting diversity programs. And I think this folds into that whole process of what we've been talking about. MR. RODRIGUEZ: I just want to make reference to the proclamation that the commission issued back on March 23rd regarding the diversity week -- COMMISSIONER NORRIS: Can we move along? MR. RODRIGUEZ -- where you definitely recognized the importance of diversity and the values and all of these comes together under the same concept. CHAIRWOMAN MAC'KIE: Mr. Rodriguez, I appreciate you bringing this forward, and it sounds like there's already from within the commission, on Commissioner Constantine's behalf and perhaps Commissioner Carter as well, some initiative to express our broader point of view on diversity issues, so hopefully we'll be seeing that in the next couple weeks. COMMISSIONER CONSTANTINE: Might even be on the agenda for the 25th. CHAIRWOMAN MAC'KIE: All right, sir. MR. RODRIGUEZ: It sounds good. CHAIRWOMAN MAC'KIE: That's good. Thanks for being here. Item #11B2 DAVID SHEALY RE PROMOTING SOUTH FLORIDA MR. FERNANDEZ: David Shealy and then Frank Loney. MR. SHEALY: Hello. I'm Dave Shealy. And I'm hoping that today is going to be a real milestone in my particular endeavors over the last couple of years, and I'm hoping that we can resolve a lot of this today, God willing, and you all willing to listen to me for four minutes and 45 seconds. I just want to run over a list that I ran off the top of my head sitting over there. These are things I've been Involved in promoting South Florida: I had an article in the Wall Street Journal; I do radio shows in Tampa daily; the BBC; Unsolved Mysteries; Inside Edition; Comedy Central; Talk Soup; I'm a regular on 96-K Rock in Gator Country, 101.9; I do Radio Europe, Australia, South America and New Zealand loves me; I do several radio shows in New Zealand, it's a wonderful country, and in the United States; I've been on ABC News, NBC News, CBS News, the E Channel, CNN. I do all kinds of promotions in Florida. And keep in mind that I have never accepted one penny for any of this. I participate in the Edison Parade, the Collier County Government Parade; I participated in the grand opening of Everglades Air Park, the Everglades Youth Association, the Hooters Parade, the Marco Parade, the Miami Arena, the Fort Lauderdale Civic Center, the National Car Rental Center that holds 40,000 people; I'm also a mascot Page 118 May 11, 1999 to the Florida Panther hockey team as a representative of the Everglades and Southwest Florida. I've had several articles in the St. Pete Times, the New Times, Highway 41, Golf Shore Life, Miami Modeling. Most recently W Magazine with Kate Moss, one of the highest paid super models in the year. I've been in Rear (phonetic) Magazine, the Atlanta Journal, USA Today, Sun Sentinel, Miami Herald, National Examiner -- CHAIRWOMAN MAC'KIE: Excuse me. The court reporter's trying to take this down. MR. SHEALY: Oh, I'm sorry. COMMISSIONER CARTER: Yeah, she lost you where you were a mascot in the Everglades. MR. SHEALY: I've got plenty of time. All right, well, it's a lot of stuff, and this is just off the top of my head. Tweed Company in Marco Island has seen that I could possibly be an asset to Southwest Florida and that I could help them in their advertising. They are going to have a meeting on Thursday where this will be discussed, and quite possibly, as soon as Friday I may be on the job. My son will be leaving me Friday to go stay with his mother and I have the option of him coming back. I'm completely out of food. I do have this gold necklace that I wear. This was given to me by my father. And I would sell it before I starve to death, or before my son went to bed hungry. But it is that bad. I have bald tires on my vehicle. I really need this job -- CHAIRWOMAN MAC'KIE: Mr. Shealy, what are you asking this board to do? MR. SHEALY: Okay. Well, specifically, Ms. Mac'Kie, if I may, I'm asking you, with Mr. Weigel's permission, if it's okay, you had mentioned you would put in a good word for me. I feel the timing is right. It's good timing. The commissioners have been involved in several what has been called flops or flukes. I believe everything you all have ever done with tourist tax money has been right on the money. The fireworks thing, you can't help the wind and the weather. I support you all in every single thing you have ever done. And I'm only asking that the good word that you mentioned you would put in, if you would put it in with the Tweed Company, because I desperately need a job bad. Desperately. And I want to go to work. I'm ready to go to work. I've got over 15 radio stations, two newspapers and two movie crews on hold waiting for me. I'm putting everybody off because I can no longer continue what I've been doing for nothing. CHAIRWOMAN MAC'KIE: So you're asking this board to be a reference in your job application with whatever, Tweed Company? MR. SHEALY: There's no application. There's no application being presented. I'm just asking for a good word. And I feel I'm very deserving of it. And I would hope that there's some way that you can do it. You know I love all of you and I know that some of you all, we've kind of bumped heads. And if I've hurt anybody's feelings, I'm very sorry about that. I apologize. CHAIRWOMAN MAC'KIE: I wish I knew what to do. I wish I knew how to offer some support. I don't know what the company is, I don't know what job you're applying for, I don't know what this county commission can do. MR. SHEALY: Greg Mihalic's very aware of this situation, Page 119 May 11, 1999 although he's not here right now. Maybe he can do it from his capacity. I just would -- could -- my family could really use some help. Tomorrow I've got a $10,000 line of credit coming due at the bank and they're fixing to foreclose on property, my property my mother and father have owned forever. And I can overcome this, but I'm going to need help. CHAIRWOMAN MAC'KIE: Commissioner Berry, you had an idea? COMMISSIONER BERRY: Tweed is a public relations company that works with the Marco Island CVB, okay, and that is the group that apparently Mr. Shealy's speaking about. MR. SHEALY: Once again, I ask you, please help me, God. MR. FERNANDEZ: Next speaker is Frank Loney, and then Ty Agoston. Item #11B3 FRANK LONEY RE ENGLISH ONLY IN COLLIER COUNTY MR. LONEY: Good afternoon again, Madam Chairman. My name is Frank Loney. I've been in this county since 1979. I'm very familiar to certain faces up in the commissioner (sic). I've been involved with a lot of things in the county such as coaching for the Optimists; I'm part of the Hispanic Board of Affair. But I'm not speaking for the Hispanic Board of Affair, I'm speaking for Frank Loney. I told you before, I got two beautiful kids born in this county. And I come to you today in the matter of a little bit of upset, and I'm upset because my dignity was touched by the commissioners. My respect was touched by the commissioners. I pay my taxes to Collier County. My issue to you is when we touched the issue of English only. I'm a little bit jealous because I was raised in Germany and I can speak eight different languages right now the way you want it, back and forth. And I'm telling you right now that I'm a little bit upset with the issue of English only. Reading Mr. Carter proposal to the County Commissioner, it was brought to my attention that a person out of the State of Florida encouraged Mr. Carter to bring this motion to the floor. I want to know, if I pay my taxes in Collier County why I have to be governed by a person from California. I do not understand what the complexity is of bringing idea from California, New York, New Jersey. I live in Collier County. I vote for you all people. I get involved with your campaign. I don't go to California and tell people in California how to vote or how to live. I live here and I live in Isle of Capri. Commissioner Norris know me very well. And Constantine know me very well. And Barbara know me very well. And Pamela know me a little bit. So I come to you to let you know that this is the way we start, cutting off a language and saying English only. I told you before, I can fly in eight different languages. And I can tell you right now that this is the way discrimination start in California. This is the way where they start cutting down, you have to speak one language. And very soon you cannot help that community what need help. You cannot help those what need to go to the Health Department. You cannot help those what want to go and vote. And you cannot help those who is looking for your services as a commissioners. My question is, and still, I respect Mr. Carter, but right now he Page 120 May 11, 1999 know I'm very upset. I'm very upset because I do not understand what a person from California got to do with this county. And I'm still want to know why is the influence of this person so strong with Mr. Carter that we have a resolution made in the county that English only? And I understand, I understand exactly that your people didn't understand the magnitude of this, bringing in English only. But I'm here to tell you, if things are not changed, we will change it one way or another. But California not going to take care of Collier County. Thank you. MR. FERNANDEZ: Next speaker is Ty Agoston. COMMISSIONER CARTER: Commissioner Mac'Kie? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CARTER: For the record, English is the official language the government; it deals only with records and documents will be available to the public. It in no way inferred that English is the only language spoken in Collier County. English is the official language of the United States of America, the last time I checked. And I have 93 percent of the people have called me and letters that have supported the fact that we the taxpayers should only be necessary for us to provide documents and records in the language of English. It casts no dispersion on the 300 other languages that are spoken in the United States. My father-in-law was from Poland, my daughter-in-law's family was born in Ecuador. They totally supported what I did. Also, I would never turn down ideas from anywhere in the world if I thought it might be appropriate to whatever I was doing in my job as a commissioner. The fact that the gentleman who sent the document was from California to me is irrelevant. It is something that I presented, it was accepted by this board, it's been accepted by the vast majority of citizens of this county. So just for the record, I'd like to clarify what it is. It is not anything that affects the judicial system, the Sheriff's Office, or how we communicate with people in emergency situations. We will take the major languages and make sure the people understand. It was very narrowly defined and not broad based, as many people have maybe misinterpreted or didn't understand what it was supposed to be. CHAIRWOMAN MAC'KIE: And if I could just add in Commissioner Carter's defense, even though I disagreed with the resolution, we get -- I got that request for a resolution. It came to me as the Chair of the County Commission. I routinely circulate whatever I get as the Chair, and this isn't like they wrote Commissioner Carter and urged him to put this particular resolution on the agenda. It came to all of us. He was the one who proposed it for the agenda of the County Commission, but I just thought that was worth targeting. We're carrying on. I can't let you, I'm sorry. The next speaker? MR. FERNANDEZ: The next speaker is Ty Agoston. COMMISSIONER BERRY: He's not here. CHAIRWOMAN MAC'KIE: Oh, darn. MR. FERNANDEZ: That's your last one. CHAIRWOMAN MAC'KIE: Ty. Okay, well, moving on. COMMISSIONER CONSTANTINE: Can we just hold that five minutes and add it to Ty's time two weeks from now? CHAIRWOMAN MAC'KIE: No, actually, we can't. Item #12B2 Page 121 May 11, 1999 ORDINANCE 99-33 RE PUD-93-01(4), GEORGE VARNADOE OF YOUNG, VAN ASSENDERP & VARNADOE, REPRESENTING WCI COMMUNITIES L.P. FOR AN AMENDMENT TO THE PELICAN MARSH PUD FOR THE PURPOSES OF ADDING SPECIFIC REGULATIONS FOR BOUNDARY AND PROJECT SIGNAGE? MAKING PROVISIONS FOR FIFTY SPECIAL RESIDENTIAL DWELLING THAT MAY FUNCTION AS RENTAL UNITS IN CONJUNCTION WITH THE HOTEL OR GOLF COURSE AND REVISING THE AUTHORIZED AMOUNT OF COMMERCIAL DEVELOPMENT IN THE ACTIVITY CENTER DISTRICT FOR PROPERTY BORDERED ON THE WEST BY TAMIAMI TRAIL NORTH, ON THE EAST BY THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD - ADOPTED WITH STIPULATIONS Item 12(B)(2), which is Pelican Marsh, and at the same time, if the board doesn't mind, we'll hear 12(C)(1). Will all persons wishing to be heard on this matter please stand, raise your right hand and be sworn by the court reporter. Good Lord 'o mercy, it's a crowd. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: In the way of disclosure, I have spoken about this project briefly with Mr. Varnadoeo COMMISSIONER NORRIS: As have I. COMMISSIONER BERRY: I have spoken about this project with Mr. Varnadoe, Mr. Anderson, maybe. He was in the room. And also residents who live in Pelican Marsh. COMMISSIONER CARTER: Likewise, I have spent a lot of time with all parties in this matter. COMMISSIONER CONSTANTINE: Me, too. CHAIRWOMAN MAC'KIE: Okay. MR. NINO: For the record, my name is Ron Nino with planning services department. With your indulgence, may we address both petitions PUD-93-014 and DOA-99-01 simultaneously? CHAIRWOMAN MAC'KIE: Yes, sir. MR. NINO: Thank you. This petition purports to amend the Pelican Marsh development order for the purposes of adding 25,000 square feet of net additional commercial development and 50 hotel rooms. In addition, this amendment would allow 50 homes to be used on a short-term rental basis near the -- in the Tiburon project to the east of Airport Road on a -- as I said, on a short-term basis. However, those 50 dwelling units would count for the number of authorized dwelling units for Pelican Marsh, namely 5,100. And this petition would allow certain monument signs along the boundary of Pelican Marsh, particularly at the road intersections, to identify whatever features, including the Pelican -- Pelican Marsh identification occurred at or near that intersection. And this amendment would also restate the way we will regulate access points to the northwest activity center. All of those changes still make this petition consistent with growth management objectives. You know, we have no intensity standards in the Growth Management Plan. However, as we've indicated in our report, this development really attempts to restore some of the development that was originally granted, and, however, the net effect of that is that this development order, as amended, still represents a development smaller than was approved that the original date of approval of the Pelican Marsh PUD and development order. The Regional Planning Council and the Department of Community Page 122 May 11, 1999 Affairs have both reviewed the amendment and have reported to us in writing that the change amounts to an insubstantial deviation, not requiring further development of regional impact analysis. The Planning Commission reviewed this petition and unanimously recommended support of this petition. We received the letter in opposition to this petition and consequently it's on your regular agenda. CHAIRWOMAN MAC'KIE: Mr. Varnadoe. MR. VARNADOE: Thank you. For the record, George Varnadoe. I realize the hour's late, and I will try to be brief, but I do need to reserve some time to respond to any issues that are raised by others that are here to speak to this. I'm here today on behalf of WCI Community Limited Partnership. With me I've got the usual suspects. Alan Reynolds, from Wilson-Miller, whose firm is the planners and engineers of the project. Mark Gillis, from Plummer and Associates, who's the transportation consultants. And A1 Moscotto (phonetic) and Ed Griffith from WCI Limited Partnership, representing the owners. I think Mr. Nino's given you a good overview. We're making some changes. Signage of the boundaries of where the property intersects the five county roads that touches, increase the number of hotel rooms by 50 rooms, increase the retail usage by 50,000 square feet, reduce medical office by 25,000, hence the 25,000 that he mentioned. Minor modifications to the site plan, basically having to do with some reallocations of the activity centers on the northwest quadrant and the northeast quadrant, allowing 50 allowed housing units in the northeast quadrant to be used in conjunction with a hotel for shorter term rentals that would be otherwise allowed by the LDCo To offset some of the impacts, we have proposed reducing the medical office by 25,000 square feet. We received some expressions of concern about any increase in the transportation impacts of this project, however minor. The transportation impact increases would be about 1.3 percent peak hour, or 44 trips. We are agreeable to reducing the density of the project by 200 multi-family units. I've got a report from the traffic consultant I'd like to enter into the record -- if you could pass them out just for the record -- which would state that if we reduced 200 multi-family units, we would then have a minor net decrease in the overall traffic impacts of the proposed project here today, as opposed to what's currently approved. It would -- a very minor amount, 10 trips per peak hour basis, but it does in effect balance out the traffic impacts. The -- if you would like, I could go into the lifestyle specialty center that's being proposed in the northwest quadrant, but if you don't, then I'm perfectly willing to let that stand. We have a pictorial of it over here. It is going to be an upscale center. Most of the buildings are set back from the road. COMMISSIONER CONSTANTINE: I'd lean towards stand. MR. VARNADOE: Yes, sir. I'll be available to answer questions, but I would like a moment to respond to anything that comes up. CHAIRWOMAN MAC'KIE: Do we have public speakers? MR. FERNANDEZ: No speakers on this one. This is 12(B)(2)? CHAIRWOMAN MAC'KIE: It's actually both. COMMISSIONER CARTER: Well, we've got both of them together. MR. FERNANDEZ: We have 12(C)(1). Page 123 May 11, 1999 COMMISSIONER NORRIS: Yeah, we're taking them both together. COMMISSIONER CARTER: We're taking them both together. MR. FERNANDEZ: Larry Halpin and then Farrell Kupersmith. COMMISSIONER NORRIS: Call them again. I don't see any -- CHAIRWOMAN MAC'KIE: He's coming. And if the second speaker would go ahead and come forward and be sort of on standby. On deck, as they say. MR. HALPIN: Good afternoon, Madam Chairperson, Commissioners. For the record, my name is Larry Halpin. Thank you for this opportunity to address you. I am here to speak on behalf of the Pelican Marsh Owners Association as president. We incorporated approximately two months ago. We are a new organization. The incorporation process was accelerated due to actions being taken by the master developer, WCI, now known as Watermark. I am well advised that these are actions over which the County Commissioners have no jurisdiction. However, we feel that these matters are sufficiently important to bring them to your attention. Aside from my involvement as president of the Pelican Marsh Owners Association, I am very sensitive to the goings on in Pelican Marsh for two reasons: First, I am a full-time working realtor; second, I was the first full-time resident to move into Pelican Marsh east of the Goodlette-Frank overpass in April, 1996. CHAIRWOMAN MAC'KIE: Sir, may I just interrupt you? If you have private grievances, I'm going to have to ask you to limit them to private discussions. Unless you have something on the rezone petition before us today, that's all we are hearing at this point. MR. HALPIN: Madam Chairperson, I was advised whereas we are not opposed to the actions being brought before the commission today, we had the right to come before you and speak of our concerns in general. CHAIRWOMAN MAC'KIE: If they relate to the action that we're voting on, you absolutely do and we encourage you to. COMMISSIONER CARTER: Madam Chair, they really do, because of what the redirection is within that -- particularly Pelican Marsh as I'm going to call it west. That's why they're here. That's why they're presenting this to you this afternoon. CHAIRWOMAN MAC'KIE: If you know what they are and think that they apply, then I'll certainly defer to that. Go ahead. THE WITNESS: Thank you very. much. Pelican Marsh area west of Airport has seen tremendous growth in the time that I've lived there. Pelican Marsh has become a very sophisticated and one of the largest and, therefore, major developments in Collier County. What was originally Westinghouse Communities, then WCI and now Watermark Communities has been become either the first or second largest builder/developer in Florida. They are presently and will continue to be for the foreseeable future a major presence in our everyday lives. One would hope that Watermark/WCI would be a positive contributor to Southwest Florida. Our experience as owners, unit residential owners, is not comfortable to date. We are finding a catch-22. We are always either looking over our shoulder or looking ahead. Either way, the glass is half full or half empty. As with any growing entity, there are problems. Today's agenda encompasses two phases of what we used to think of as Pelican Marsh. We are not contesting', as I said earlier, today's agenda items. Page 124 May 11, 1999 Technically it is still Pelican Marsh, but is it? Pelican Marsh is certainly not the Pelican Marsh that I bought into. Watermark/WCI has essentially divided Pelican Marsh into two parts. Let's call it Pelican Marsh East, now known as Tiburon, and Pelican Marsh West. Watermark did sell parcels to a sub-developer east of Airport who has built rental units called St. Croix at Pelican Marsh. As recently as this weekend, one of our resident members visited the sales office in Pelican Marsh West and was advised that Pelican Marsh West consisted of some 20 -- or 5,200 residential units. This was approximately the same unit number which was given to me when I purchased. Watermark/WCI will tell you that the real number is somewhere in excess of 1,909, a substantial reduction from the original number of 5,200. The original bylaws called for commercial units to pay annual fees to the Pelican Marsh foundation. However, Watermark/WCI not only initially changed the formula by which commercial units were to be charged, they then completely excused the commercial unit owners from the annual Pelican Marsh foundation fees over the strong objection of what became the Pelican Marsh Owners Association. As a result, our unit base has been substantially eroded without consideration to the residential unit owners to date. This will result in a tremendous loss of cash flow annually to the foundation, which is controlled by the developer 100 percent. In closing, in a meeting with Watermark/WCI last Friday, we were told by Watermark management WCI was always permitted under the purchase documents to make these changes without any reference to their reasonableness. Conversely, the Pelican Marsh Owners Association strongly believes that WCI, in view of the fact that they control the Pelican Marsh foundation board of directors, has a considerable fight for fiduciary responsibility on behalf of the Pelican Marsh West residential owners. Thank you very much for letting me continue. CHAIRWOMAN MAC'KIE: Can I just ask, your -- the assessments that you refer to in the foundation, is that the community development district assessments? Are those the bond assessments? MR. HALPIN: They're two totally different unrelated items. CHAIRWOMAN MAC'KIE: I understand that. That's why my question is -- MR. HALPIN: The units that I'm referring to is the Pelican Marsh foundation, not the community development district. CHAIRWOMAN MAC'KIE: Thank you. I just wanted clarification. I appreciate that. MR. FERNANDEZ: Next speaker is Farrell Kupersmith and then we have Roger Guarino. MR. GUARINO: Sir, I will waive. I'm Guarino, I will waive. CHAIRWOMAN MAC'KIE: So the next speaker would be? MR. FERNANDEZ: That's the final person. CHAIRWOMAN MAC'KIE: That's our final speaker. MR. KUPERSMITH: Good afternoon, Madam Chairperson. CHAIRWOMAN MAC'KIE: Not quite good evening, but thank you. MR. KUPERSMITH: My name is Farrell Kupersmith and I'd like to speak to you today about Pelican Marsh. I'm a resident of Pelican Marsh and I'm speaking on behalf of residents. Page 125 May 11, 1999 The issue of the specific use of land in the activity center bears directly on Pelican Marsh. As Mr. Halpin began to describe, you have one DRI and one PUD, but you have two separate communities split by Airport Road. One is Tiburon on the east side, one is Airport -- Pelican Marsh on the west side of Airport. The significance of that is that the activity center and the items specifically before you today that's describe as no net increase in the activity center represents a significant increase in the activity center on the west side of the road where the Pelican Marsh people live. The trade-off is a lower commercial activity center on the east side of Airport, playing off the Tiburon community versus the Pelican Marsh residents. It's a very significant point to the Pelican Marsh people. Two different communities split by Airport Road, governed by two separate foundations. No reciprocity. Marketed as two separate communities. They're paying for the activity center increase on the west side of the road by decreasing the activity center on the east side of the road. It's as simple as that. The activity will increase on the west side of the road. It seems pretty obvious that if you increase the square footage and you increase the hotel rooms, there's going to be more traffic on the west side of that road, which is where Pelican Marsh is. There's a misnomer, Pelican Marsh is the name of the DRI PUD. But we're talking about the community on the west side of Airport, which ultimately is going to have 4,000 residents of Collier County; 2,000 units at build-out, approximately, because that number keeps changing. But today 1,000 closed units, approximately 1,300 units under contract, including the 1,000 closed units. A major shift from east to west. We don't know if the split DRI PUD with respect to two distinct communities governed by two separate foundations is unique, but it's certainly from our ability to research it highly unusual. Perhaps this commission hasn't ever seen that before. What's the significance of that? The Pelican Marsh foundation, which is the governance unit of Pelican Marsh -- CHAIRWOMAN MAC'KIE: By that you mean west, not Tiburon. MR. KUPERSMITH: Exactly, ma'am, west. The Pelican Marsh, the unit that we all bought into. Pelican Marsh West. That foundation, in the documents provided at point of sale, provide for the foundation to be funded by equal assessments per unit. One for every residential unit, five for every acre of nonresidential usage. The nonresidential usage defined in their document given to all purchasers included commercial, recreational, as well as hotel property. During 1997, without notice and without disclosure, the foundation documents were changed. Because until turnover, WCI controls that board. What they did was exempt property that they were selling. I think it's pretty obvious to everybody that property with less charges is worth more than property with charges. And they reduced the foundation unit base by almost 15 percent. In meetings as recently as last Friday we thought the unit count at Pelican Marsh was going to be stabilized from having been reduced from approximately 2,300 to 2,000 by virtue of their exemption of these units. We actually learned that the number is closer to 1,910. The rezoning that's before you today of parcel K on the west side removes another 100 units from the foundation base. There's a Page 126 May 11, 1999 tremendous shift of burden back on the residents. It's without notice, without disclosure after-the-fact PUD changes. Now, this is not my business coming before you. I don't have any experience in zoning or land law. But this commission is the highest elected body in Collier County. We're talking about after-the-fact changes. People have said to me well, that's really a unit owner/developer grievance. And maybe rightfully so, and unfortunately it may have to be pursued that way. We hope not. We're really looking forward to a long, positive relationship with WCI where there would be a good corporate citizen and we would be able to resolve these problems. The point that in my mind makes it a commission issue is the removal of commercial units and the modification of a document without notice, without disclosure and an after-the-fact basis after 1,000 units have been sold is -- becomes a commission issue, because they can't make that change without this commission's approval. And exempting units, that's a change that came before this commission. CHAIRWOMAN MAC'KIE: The change in commercial density and the change in residential density, but the foundational change about who pays how much is not something that comes through this board. MR. KUPERSMITH: That was a companion change to a change with the PUD. They first changed the PUD and then after the fact changed the foundation document. The point is Collier residents look to this board as their highest elected officials. And the board has its hand unwittingly on changes that are adversely affecting a huge community of Collier County. If this can happen in Pelican Marsh, it can happen in any of your districts. All we're looking for is an equitable process to work this out on a reasonable basis. Commissioner Carter has volunteered both his time and his office to help, and we welcome that help to try and sit with WCI to work our problems out. The point really is, for instance, Commissioner Constantine, Tiburon is on the east side. If this isn't resolved on some equatable basis where both parties respect each other, as well as the basis on which contracts are signed and documents were distributed, this is going to happen with you and Tiburon and your future constituents. It can happen in any district in this county, unless this board takes notice and basically helps a very important participant in Collier County's growth, WCI Watermark, help it achieve its full potential of being a good corporate citizen. Thank you for listening. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: I have a question. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: Are you saying, sir, that you would prefer that they go ahead and build out the number of residential units that they had told you they wanted -- or that they were going to build? Did I misunderstand you? MR. KUPERSMITH: No, I'm not speaking to that. The issue -- Pelican Marsh, with the exception of only several parcels of land, is fundamentally sold out. It hasn't yet been built out. COMMISSIONER BERRY: Okay. MR. KUPERSMITH: And the unit count, based on their sell-out of those last four parcels, had they not exempted the commercial property -- in other words, with the existing density and the commercial property at the activity center that's before you today, we would have Page 127 May 11, 1999 almost 2,250 units in our foundation as the documents originally called for, sharing the burden. As a result of unilateral changes to the document, without notice, without disclosure, and contrary to the original documents, we're going to end up with what looks like 1,910. Because the commercial parcel has been exempted. That has shifted. The cost of operating Pelican March isn't going down -- CHAIRWOMAN MAC'KIE: So you don't care if they divide that cost among commercial users or residential users, you just want the residential burden not to be increased as a result of these zoning changes. MR. KUPERSMITH: And as a result of their exempting the commercial -- CHAIRWOMAN MAC'KIE: Right. MR. KUPERSMITH: -- property from the original assessments which the documents provided for. I have a copy of the documents, if it's helpful. CHAIRWOMAN MAC'KIE: I don't guess we doubt you. I have a question for Mr. Weigel and that is whether or not we can consider that in our vote today. MR. WEIGEL: I don't know. Margie, do you want to assist on that? It's a little unique. MS. STUDENT: Marjorie Student, Assistant County Attorney, for the record. I haven't been apprised of this issue, but there are criteria in our Land Development Code that are referenced in the staff report that you look to to determine whether or not to approve a rezone or an amendment to a PUD. And you're constrained by those criteria in the land code for the rezone. Also, in the development order for the DRI, you look at the regional impacts as it relates to land use issues. And, you know, that DRI development order's already been established. So as I recall, the amendments go to what the land uses are. And I think there may be one other thing, but it's been a while since I've reviewed that. But in any event, you look at land use issues and impacts to the things like traffic, the environment -- CHAIRWOMAN MAC'KIE: The usual zoning criteria. MS. STUDENT: -- sewer, water, infrastructure, those type things. CHAIRWOMAN MAC'KIE: Thank you. MR. KUPERSMITH: With respect -- just one minute to respond. CHAIRWOMAN MAC'KIE: One more thing. MR. KUPERSMITH: And I don't quarrel with what assistant counsel has just said, because if that's the facts, that's the facts. I guess my point would be the following: That if this commission, which the residents of Collier County look to as its highest elected officials, I don't think the average person on the street in Collier County would define the responsibilities of the commission as being a super-zoning board or a super land redevelopment board. They look to this commission as the highest elected officials, and there's an inequitable process that's occurring affecting thousands of Collier residents. COMMISSIONER NORRIS: Yes, sir, and it's one -- as I understand your -- what you're getting to, is you want the county to be involved -- the county commission to be involved in the discussion between the homeowners and W -- or Watermark. MR. KUPERSMITH: What I'm really saying is, is that in the Page 128 May 11, 1999 specific instance it has names on it. What I'm really speaking to is a broader process, and that is that developers come to Collier County to develop land and they will continue to do so because this is a great place and they do it to make money, and they'll continue to come because they make money here. That doesn't necessarily equate to not having the highest elected officials in the county determine that if someone's going to do business here, they can't change documents after the fact without notice, without disclosure. CHAIRWOMAN MAC'KIE: If only -- COMMISSIONER NORRIS: I'm sorry, sir, but that's not our authority -- CHAIRWOMAN MAC'KIE: -- we had the authority -- THE COURT REPORTER: Wait a minute, excuse me, one at a time. CHAIRWOMAN MAC'KIE: If only we had the authority that people think we may have. We just don't have that authority. MR. KUPERSMITH: Can the citizens of Collier County help you with that authority? CHAIRWOMAN MAC'KIE: Not unless you can amend the Constitution of the State of Florida. MR. KUPERSMITH: So you're saying it's an extra Collier County issue. CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER NORRIS: I don't think -- if you really sat down and thought about it, I don't think you want the County Commission to have that kind of power. I really don't. For the County Commission to get involved in what could potentially be a legal squabble between two private individuals, I don't think you want us to have that. MR. KUPERSMITH: All we're really saying is -- COMMISSIONER NORRIS: You go home and think about that. MR. KUPERSMITH: I do understand what you're saying. And I have thought about it and I make the comment with great reluctance, except that it seems that the only forum for Collier residents, you're really saying, is the court. CHAIRWOMAN MAC'KIE: Is the courts. COMMISSIONER BERRY: Is the court of law. COMMISSIONER NORRIS: It's not the only, it's the proper one in this case. CHAIRWOMAN MAC'KIE: And respectfully, I'm going to have to call this because your time is expended. And we appreciate your comments. MR. KUPERSMITH: We thank you for your time. CHAIRWOMAN MAC'KIE: Are there questions for Mr. Varnadoe? Because if there had been issues raised, otherwise, I know it's not our policy to allow sort of a second bite at the apple. Commissioner Constantine? COMMISSIONER CONSTANTINE: One very quick question. And I think this has been addressed but if you can run through the short version of explaining to me. Mr. Anderson met with me with regards to this a few weeks ago. There was a shifting of different uses in transportation impacts. And the transportation impact was actually going to be slightly greater in this change, or what had been proposed as of a few weeks ago. I understand that proposal now has been altered to accommodate the concerns of increasing any traffic there. And I just wondered if you could run through that briefly. MR. VARNADOE: Yes, sir. The proposal as it was filed would have resulted in 3,385 trips during the peak hour. By reducing 200 units -- and that was an increase of 44 trips per peak hour over what's Page 129 May 11, 1999 presently allowed. By reducing the 200 units we mentioned today, we're going to take that number down to 3,375, or a minor reduction over what's allowed today, so the net traffic impact would be less. COMMISSIONER CONSTANTINE: Thank you. COMMISSIONER BERRY: This traffic business was something that I raised a question of with Mr. Varnadoe, and discussed this. My concern had to do with on Vanderbilt Beach Road, also the entrance into this shopping area and the cuts in the median. I don't know if Ed can -- Ed, can you come up here and talk a little bit about that, please? So it's not really for you, George. COMMISSIONER NORRIS: While he's coming up, let me ask Mr. Varnadoe, where are these 200 units going to disappear from? MR. VARNADOE: From the Pelican Marsh DRI PUD. CHAIRWOMAN MAC'KIE: Which is east or west? COMMISSIONER CARTER: West. MR. VARNADOE: Either one. COMMISSIONER NORRIS: Either one? MR. VARNADOE: Yeah. CHAIRWOMAN MAC'KIE: But the reality is that you've sold the parcels on the west side, so they will effectively disappear on the east side. Am I right? I just want -- MR. VARNADOE: Actually, I don't know. I can't really answer that. Because as the man said, first I've ever been criticized for reducing the number of units in the project. I mean, Pelican Bay was in here complaining every time that you raise the heights we're going to have more units. We don't want as many units now. These people want -- you know, so density reduction, they don't like it. But that's another subject. I guess actuality, you're going to be reducing the units on the overall, might come from the east, might come from the west. There are still parcels on the west. As he said, the build-out on the west side is probably going to be somewhat in the 2,000 dwelling unit range or maybe a little less. On the east side, it may be a little more. CHAIRWOMAN MAC'KIE: Mr. Kant? MR. VARNADOE: Can I make one comment? CHAIRWOMAN MAC'KIE: Real quickly. MR. VARNADOE: Very quickly. With Commissioner Carter's good help, with the WCI folks, I've have had several discussions with them. We're trying to address these issues. We've got a proposal on the table which would have us absorbing the capital assessment from changing these 9.6 acres and absorbing some of the annual assessment for a lengthy period of time. So I don't want this commission, even though I think you rightly recognize and the LDC says, you don't have any right to enforce, deed restrictions or restricted covenants or private contracts, I don't want this board to leave here thinking that WCI is not being responsive. And we're going to continue to work with the residents and through Commissioner Carter, if he'll allow it. CHAIRWOMAN MAC'KIE: I appreciate your clarifying that, but we've got to just -- you know, we can't consider that. That's what we've been advised. MR. KANT: Edward Kant, Transportation Services Director. There are -- actually, there are two things going for us at this particular intersection. One is that it's a new intersection, and Page 130 May 11, 1999 we're able to plan all of the access points. As a comparison, if one looks at Airport and Pine Ridge, we had probably at least 50 and possibly 75 percent of that intersection developed before we even had an access management policy. So we now have other tools that we didn't have 10 years ago, and so I can't sit here and tell you exactly what's going to happen, but I think that with the advanced planning and with the tools that we have available, we have better controls. I will not stand here and tell you that that's not going to be a busy intersection. I think anybody -- don't need to be a traffic engineer to know that. But I do think that we have a better handle on this intersection, because this activity center was not even an activity center until several years ago when we were able to control it a little better. CHAIRWOMAN MAC'KIE: At this point, I will close the public hearing. COMMISSIONER BERRY: Thank you. CHAIRWOMAN MAC'KIE: Is there a motion or further discussion by the board? COMMISSIONER NORRIS: I'll make a motion that we approve Item -- COMMISSIONER BERRY: 12(B) . COMMISSIONER NORRIS: -- 12 B) (2), is it? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER NORRIS: 12(B) 2). COMMISSIONER BERRY: And 12 C) (1) . COMMISSIONER NORRIS: Do we have to take them separate? I think we do, don't we? COMMISSIONER BERRY: We do. CHAIRWOMAN MAC'KIE: Please. COMMISSIONER NORRIS: 12(B) (2), with the one addition that we will delete 200 multi-family units. CHAIRWOMAN MAC'KIE: And the representative of the property owner has agreed to that already on the record? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: And he's so indicated at this point. Are there -- is there a second for the motion? COMMISSIONER BERRY: Yeah, I'll second it. CHAIRWOMAN MAC'KIE: Okay. There's a motion and a second. Is there any further discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #12C1 DEVELOPMENT ORDER 99-2/RESOLUTION 99-234 RE DOA-99-01, GEORGE VARNADOE OF YOUNG, VAN ASSENDERP AND VARNADOE, REPRESENTING WCI COHMUNITIES, FOR AN AMENDMENT TO THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER NO. 95-01 AS AMENDED - ADOPTED WITH STIPULATIONS COMMISSIONER NORRIS: I'll make a motion that we approve Item 12(C) (1), the companion item, with the same issue of deleting 200 multi-family units. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Motion and a second. Page 131 May 11, 1999 Discussion on the motion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 132 1999 DEVELOPMENT ORDER NO. 99 - 2 RESOLUTION NO. 99 - 234 A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1, AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING PARAGRAPH FOUR OF THE FINDINGS OF FACT SECTION TO CHANGE THE SQUARE FOOTAGE ATTRIBUTABLE TO CERTAIN OF THE REFERENCED LAND USES SET FORTH THEREIN AND AMENDING THE MASTER PLAN; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCN Communities, Inc., (herein "WCN") filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-5 by Resolution No. 95-555, amending Development Order 95-1, on September 26, 1995, to change the legal description of the Pelican Marsh Community; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 97-4 by Resolution No. 97-457, amending Development Order 95-1, on December 9, 1997, to revise the acreages of various land uses within the development and amend paragraph 4 provisions regarding hurricane evacuation/floodplain and hurricane shelters; and WHEREAS, WCI Communities, a limited partnership (hereinafter "WCI"), the successor in interest to WCN desires to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the amounts of development approved herein; and WHEREAS, WCI, through its authorized agent, has filed its application and notification of a proposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference, marked as Exhibit "A"; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI Development Order 95-1, as amended; and '1- Words underlined are additions; Words a~,:ck t~:eugh are deletions. 1999 DEVELOPMENT ORDER NO. 99 - 2 RESOLUTION NO. 99 - 234 A RESOLUTION AMENDING DEVELOPMENT ORDER NO. 95-1, AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDING PARAGRAPH FOUR OF THE FINDINGS OF FACT SECTION TO CHANGE THE SQUARE FOOTAGE ATTRIBUTABLE TO CERTAIN OF THE REFERENCED LAND USES SET FORTH THEREIN AND AMENDING THE MASTER PLAN; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. WHEREAS, WCN Communities, Inc., (herein "WCN") filed on November 30, 1993, with the County of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as Pelican Marsh Community in accordance with Subsection 380.06(6), Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on January 24, 1995; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 95-5 by Resolution No. 95-555, amending Development Order 95-1, on September 26, 1995, to change the legal description of the Pelican Marsh Community; and WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 97-4 by Resolution No. 97-457, amending Development Order 95-1, on December 9, 1997, to revise the acreages of various land uses within the development and amend paragraph 4 provisions regarding hurricane evacuation/floodplain and hurricane shelters; and WHEREAS, WCI Communities, a limited partnership (hereinafter "WCI"), the successor in interest to WCN desires to make certain revisions to the plan of development and Development Order for the Pelican Marsh Community and to make certain changes to the amounts of development approved herein; and WHEREAS, WCI, through its authorized agent, has filed its application and notification of a proposed change to Development Order 95-1, as amended, which is attached hereto and incorporated by reference, marked as Exhibit "A"; and WHEREAS, the Board of County Commissioners as the governing body of the unincorporated area of Collier County, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican Marsh Community DRI Development Order 95-1, as amended; and '1- Words underlined are additions; Words a~,:ck t~:eugh are deletions. NAY11 1999 SECTION TWO: FINDINGS OF FACT A. The approved land uses within the Pelican Marsh DRI are depicted on Map H-2, Master Plan, which is marked Exhibit "B", attached hereto and incorporated by reference herein. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Pelican Marsh Community on 2,072 acres of land shall include the land uses described in the above Findings of Fact at Paragraph 4. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of this previously approved Development Order is consistent with the report and recommendations of the SWFRPC and does not constitute a "substantial deviation" pursuant to Section 380.06(19), Florida Statutes. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER(S) TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order 95-5, as amended shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. '3- Words underlined are additions; Words a~-'-c~.~ L~reugh are deletions. NAY 11 1999 B. Copies of this Development Order 99- 2 shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board. This Resolution adopted after motion, second and majority vote. Done this /IZ:lf.,day of '~~ ,1999. ATTEST,:~ Ct ,~! ~f"":' BOARD OF COUNTY COMMISSIONERS . DV/IG, I~,,~: t~,. Clerk COLLIER COUNTY, FLORIDA "~i? ~. '..- . ' ~ . :.~ '?':' ',~.~. AIVIELA S. MAC'~n "'., ;~Affest alto Chai~0~in'fs~amre~nly P Marjorfd M. ~tudent ' Assistant County Attorney PELICAN MARSH DEV. ORDER/md -4- Words underlined are additions; Words a~-'-..,k L~.-cugh arc deletions. NAY 11 1999 FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 487-4545 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (I)RI) SUBSECTION 380.06(19), FLORIDA STATUTES _ Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. ,' I, George L. Varnadoe, the undersigned authorized representative of WCI Communities Limited Partnership, a Delaware limited partnership, hereby give notice of a proposed change to a previously approved Development of Regional' impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Pelican Marsh Community development which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. Exhibit "A" ~""~L .~.~:%._~'. ~"~_~9/!~'~'~:: ":!~ :;,'~'.'.~:.~:~'.? ;~'~,,~.-,;~ ,--,:~.;.~?_~.?;~ ,~,~. 1999 CONSENT AND APPOINTMENT OF AGENT This Consent and Appointment of Agent is made this '~Pfdday of January, 1999, by WCI Communities Limited Partnership, a Delaware limited partnership (hereinafier referred to as the "Owner"). WITNESSETH WHEREAS, the Owner has a mailing address of 24301 Walden Center Drive, Bonita Springs, Florida 34134; and WHEREAS, the Owner owns approximately 2075 acres of land located in Collier County, Florida, more particularly described in Exhibit "A", attached hereto (hereinafter the "Subject Property"), which land is located within the Pelican Marsh Development of Regional Impact CDRI") which was approved in Development Order 95-1 issued by Collier County on January 24, 1995; and WHEREAS, the Owner intends to carry out development on the Subject Property described ' in Exhibit "A" which will require changes, amendments, or additions to the Pelican Marsh Community PUD and DRI Development Order 95-1, that were issued by Collier County, and in addition, may require approvals or actions by other agencies of the State of Florida and agencies of local government; and WHEREAS, the Owner has decided to appoint an agent to represent them in preparing applications for, and obtaining, any and all govemmental approvals necessary to develop the Subject Property in the manner intended by the Owner, and to authorize said agent to act on its behalf with full authority, to obtain such approvals, including amendments to the PUD and the DRI Development Orders previously issued by Collier County for the Subject Property described in Exhibit "A". NOW THEREFORE, the Owner, in order to authorize and direct its agent and representative to act on its behalf to apply for and obtain necessary governmental and agency approvals on the Subject Property, consents to the following: APPOINTMENT OF AGENTS 1. George L. Vamadoe and the law firm of Young, van Assenderp & Vamadoe, P. A., whose address is 801 Laurel Oak Drive, Suite 300, Naples, Florida 34108, are hereby designated and appointed the agent/representative of the Owner, with full authority to act on its behalf to perform all legal services related to, and to supervise the preparation, submission, and review of any applications needed to obtain approval of the Owner' s plan of development for the Subject Property described in Exhibit "A". 2. GeorgeL. Varnadoe and the law firm of Young, vauAssenderp&Vamadoe, P-A., are authorized to represent and to act as agents for the Owner with their full authority before any and all governmental entities, and any agencies of the state and federal government as may be appropriaf~ and reasonably related to obtaining approval of proposed development on the Subject Properties, including amendments to the DRI Development Order, and PUD zoning or rezoning on the Subject Property. These agencies or entities may include, but shall not be limited to, the following: HAY11 1999 a. The Collier Cotmty Board of County Commissioners and all departments, divisions and sub-units of Collier County. b. The Southwest Florida Regional Plam'dag Council. c. The Florida Departments of Community Affairs, Environmental Protection, and Transportation. d. The Florida Secretary of State and all other Cabinet level offices and agencies. e. The Florida Land and Water Adjudicatory Commission. f. The South Florida Water Management District. AS EVIDENCE OF CONSENT TO AND APPOINTMENT OF THE AGENT named above, the Owner, WCI Communities Limited Partnership, a Delaware limited partnership, has signed below. OWNER: WCI COMMUNITIES LIMITED PARTNERSHIP Title: Sentor Vice ~'resident Dated: ,~anuary 7, 1999 ~TI'NESSES: Signature P~t~ N~e P~ Nine Exhibit "A" NAY 1 I 1999 Legal Description of :Pelican Marsh Community PELICAH MARSH, being approximately 2072.88 acres, is legally described as follows: BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41 _ North 00038'20" West 2623.40 feet to the west 1/4 comer of said Section 27; thence continue along the west line of said Section 27 and said right-of-way North 00039, 12" West 827.69 feet; thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way line of l~mposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County, Florida; thence along said Westerly right-of-way line in the following four (4) described courses; 1) South 05034'48' East 3545.96 feet to the south line of said Section 27; 2) South 05033'10* East 2642.17 feet; 3) southerly 620.87 feet along the am of a circular curve concave westerly having a radius of 2799.93 feet through a central angle of 12042' 18* and being subtended by a chord which bears South 00°47'59" West 619.60 feet; 4) South 07°09'08' West 1675.64 feet to the boundary l'me of the plat of Pine Ridge Second F. xteusion as recorded in Plat Book I0, page 815 of the Public Records of Collier County, Florida; thence along the ~ of said Pine Ridge Second F.,xtcnsioit in the following eight (8) described courses; 1) South 89°50'58· West 88.21 feet; 2) North 31'~34'00· West 120.19 feet; 3) Horth 05037'10" West 956.47 feet; , 4) South 74°46'39· West 379.98 feet; 5) South 12'~14'43" Fast 23.53 feel; 6) South 8'/'q:19'43" West 272.40 feet; ?) ~onhwesterly 1.854.46 feet along the arc of a aowumF, athl circular curve conrove southwesterly h.vlng = radbs of 1640.26 feet through = eental angle of 64°46'40" and behg robtended by = chord which bears North 48°50'02· West 1757.26 feet4 ': .-: HAY 11 1999 8) North 8P13'22" West 737.85 feet; thence leaving said plat boundary North 00"03'39" West 707.85 feet; thence South 89"33'32" East 336.81 feet; thence North 00026'28" East 180.64 feet; thence northerly 37.60 feet along. the arc of a circular curve concave easterly having a radius of 130.00 feet .tiLt, ugh a central angle of 16"34'19" and being ~btended by a chord which bean North 08"43'37" F.~t 37.47 feet; thence North 17"00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet titrough a central angle of 94"59'52" and being subtended by a chord which bears North 30029'09" West 582.44 feet thence North 77°59'05" West 144.30 feet; thence northwesterly 418.87 feet along.the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended by a chord which bears North 62"59'06" West 414.10 feet thence North 47°59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a - radius of 826.09 feet through a central angle of 42040'04" and being subtended by a chord which bears North 69019'10" West 601.07 feet; thence South 89"20'48" West 204.55 feet to the west line of said Section 34, and the east right-of-way line of U.S. 41; thcu~ along said line North 00°39'20" West 665.92 feet to the Point of Beginning; LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida being more particular described as follows; BEGINbrING at the northwesterly comer of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033'32" East 306.56 feet to a point on the west line of Tract WF-1 (Drainage Easemen0 according to the Pht of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00°0 0'00* East 481.17 feet to a point on the north line of Tnct 'B" (Vanderbilt Beach Road) according to the Plan'of Pelican Marsh Unit Five, Plat Book :22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly, 306.37 feet along the aw of a non-tangential circular curve concave to the southeast, having a radius of 2430.00, through a cenwal angle of 07°13'26" and being subtended by a chord which bears South 88'15'16" West 306. 17 feet to a point on the boundary of said Pelican Marsh Unit Five; ' thence along said line Horth 00"03'39' West 492.87 feet to the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less; Subject to easements and reslricaons of record. Bearings are based on the north line of said Pelican Marsh Unit Five being South 89°33'32" East. ~.- 2 MAY1 ! 1999 contai,,ing 573,98 acres more or less; subject to casements and res~ctions o{ record; TOGEFHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South. Range 25 East. Collier County. Florida being more particularly described as fotlows: Commencing at the west 114 comer of said Seedon 27; thence along said west line North 00039' 12" West 827.69 feet; thence leaving said line North 89°20'45" East 577.78 feet to the POINT OF BEGINNING of the parcel herein desc..ribed; thence North 57°47'59" East 46.92 feet; thence North 68°35'21" .East 110.88 feet; thence North 00039. 12" West 187.52 feet; thence North 77°43'40" East 573.08 feet; thence South 72°59'03" East 785.48 feet; thence South 00°39. 15" East 27.71 feet; thence North 89"20'45" East 503.78 feet; thence South 00°39'15" East 100.64 feet; thence South 89='20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are based on the west line of said Section 27 as being 'North 00039. 12' West; AND LESS THE FOLIZ)WING THREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida and being more particularly described as follows: Commencing at the west one quarter comer Section 27, TOwnship 48 South, Range 25 thence along the west line of said Section 27 North 00039' 12' West 827.69 feet; thence leaving said section line North 89020'45* East 55.00 feet to the Point of Beginning of the area thereon descrizd; thence North 89°20'45* East 366.45 feet; thence South 00039' 15' East 34.09 feet; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38°45'23* and being subtended by a chord which bears South 64°19'09' East 46.45 feet to a point of compound curvature; 3 HAY11 1999 thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of 75.24'C)6" and being subtended by a chord which bears South 07°14'23" East 241.20 feet to a point of reverse curvature; thence southerly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord which beazs South 02°54'07" Fast 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the are of a circular curve concave westerly having a radius of 70.00 feet through a central angle of 98*24' 12" and being subtended by a chord which bears South 12'56' 10" West 105.98 feet; thence South 62008' 16" West 75.07 feet; thence southerly 48.75 feet along the.. arc of a circular curve concave easterly having a radius of 30.00 feet through a central :angle of 93006' 13" and being subtended by a chord which bears South 15°35'10" West43.56 feet; thence aterift South 30°57'58" East 34.79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord which bears South 23049'37" Fast 19.89 feet; thence along a non-tangential line South 84°13' 14" Fast 158.41 feet; thence South 80°55'24" Fast 183.78 feet; thence South 81052'51" Fast 180.90 feet; thence South 00000'00" Fast 261.28 feet; thence North 90000'00" West 394.57 feet; thence North 00°0 0'0 0" East 271.73 feet; thence North 84013'14* West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South 76056'51" West 89.04 feet; " thence North 58035'21" West 65.19 feet; thence North 15031'55* West 74.80 feet; thence North 00'41'41' West 115.24 feet; thence North 28.22'47" Fast 171.51 feet; thence North 17011'45" West 106.79 feet; ~ thence Nonit 13°02'52" ~.ast 28.51 feet; thence North 73.°36'14" V~rest 54.78 feet; thence South 49016'08" ~/est 112.78 feet; thence South 89047'08" West 53 .08 feet; thence North 58°00'49" West 50.49 feet; thence North 0(P39' 12" West 303.49 feet to the Point of Beginning of the area herein described; Containing 7.8 acres more or less; Subject to easements and restrictions of record; Bearings are based on the west line of Section 27, Township 48 South, Range 25 East, Collier County, Florida being North 00*39' 12" West; MAY i 1 199g All that pazt of Section 27, Township 48 South, Range 25 ~;mst, Collier County, lqlorida being more pardculazly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00039. 12' West 827.69 feet; thence leaving said line North 89O20'45" East 2469.55 feet to the POINT OF BEGINNING of the parcel herein described; thence continue North 89o20'45. East 787.88 feet; thence South 84'45'32' West 23.43 feet; thence South 74°56'42' West 121.32 feet; thence South 79°49'51' West 45.93 feet; thence westerly 45.51 feet along the arc of a tangential circular curve concave to the north having a radius of 66.00 feet through a central angle of 39°30' 16' and being subtended by a chord which bean North 80°25'01. West 4~.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150.00 feet through a central angle of 20012'57" and being subtended by a chord which bears North 70°46'21, West 52.65 feet; _ thence-North 80°52'50' West 36.59 feet; thence westerly 46.17 feet along the are of a tangential circular curve concave to the south having a radius of 80.00 feet through a central angle of 33°04' 13 ' and being subtended by a chord which bears South 82035'04, West 45.54 feet to a point of reverse cttrvattlre; thence westerly 38.16 feet along the arc of a tangential circular curve concave to the north having a radius of 60.00 feet .through a central angle of 36o26' 18" and being subtended by a chord which bears South 84016'06" West 37.52 feet to a point of reverse thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305.00 feet through a central angle of 12°55'58' and being subtended by a chord which bears North 83°58'44" West 68.70 feet; thence South 89°33'17· West 18.36 feet; thence .South 89039'11' West 71.63 feet; thence North 89o35'03· West 36.03 feet4 therr, e South 86e06'33' West 42.94 feet; '. thence South 83'44'08' West 26,23 feet; thence South ,S1~1'05' West 27.49 feet; thence South 33e25'42· Wc~ 19.95 feet4 thence South 15039'$1' West 20.54 feet; therr, e South 10°54'31' West 34,64 feet; , thence South 89o20'06' West 101.06 feet; thenca North 10°45'58' East 101.42 feet to the Point of Beginning of the parcel herein described; Subject to ~ amd restrictions of record. Containing 0.48 acres more or less. Bearings arc based ou the we~ line of said Section 27 as being North 00o39. 12' West; ;' MAY ! 1 1999 All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the west 1/4 comer of said Section 27; thence along said west line North 00`:39'12' West 827.69 feet; thence leaving said line North 89020'45. East 3401.12 feet to the POINT OF BEGINNING of the parcel her°in describe~i; thence continue North 89020'45' East 443.43 feet; thence South 0:5"34'48" East 147.72 feet; thence South 89020'4:5' West :51.56 feet; thence North 23`:56'01 ' West 13.07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80.00 feet through a ¢3.entral angle of 21°:59':53* and being subtended by a chord which bears North 12°:56'0 4' West 30.:53 feet; thence North 0:5°01 '01 ' 'West 31.56 feet; thence North 36°19'27' West 32.02 feet; thence North 56`:04'43' West 3:5.11 feet; thence North 80°39'23" West 32.53 feet; thence North 88039'20" West 97.78 feet; thence Noah 86°04'48" West 4:5.79 feet; thence Noah 89°49'56" West 132.77 feet; thenct~ Noah 69°40'18" West 37.23 feet to the Point of Beginning of the parcel her°in des6n'b~d; Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00°39. 12' West; AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL; BEGINNING at the noahwest comer of said Section :3:5; thence along the noah line of said Section 3:5 Noah 89`:4:$'35" East :5231.69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31)i. thence along said westerly right-of-way iin~ South 00e:~1'47* East :5258.31 feet to the south lin~ of said Section 35; thence along said south line South 89e39'22* West 2541 .6S feet to the south 1/4 comer of said Section 3~; thence continue along said south line South 89°39'32' West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89`::51'02' West 391.:57 feet to the ' boundary lin~ of a parcel described ih O.1L Book :~24,'page 121 of the Public Records of Collier County, Florida; thence along the boundary of aid parcel Noah 01e03'33* West 295.29 feet: thence con_n.'m_!e along the boumiary of aid parcel South 89~$1'02* West 443.28 feet to the eastexly right-of-way line of proposed Ooodlette-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County, Florida; thence along aid easterly fight-of-way line Noah 07':09'08* East 1729.:52 feet: :' MAY ! t 199g thence continue along said easterly right-of-way line northerly 649.69 feet along the arc of a cii'cular curve concave westerly having a radius of 2929.93 feet through a central angle of 12o42'18' and being subtended by a chord which bears North 00°47'59' East 648.37 feet; thence continue along said fight-of-way line North 05°33'10' West 2628.44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89°31 '31 * East 772.91 feet to the Point of Beginning; containing 708.39 acres more or less; subject to easements and restrictions of record; ... AND TOG~ WITH THE FO! .T OWING DESCRIBED PARCEL BEGINNING at the northeast comer of'Said Section 36; thence along the east line of said Section, South 02°12'03* East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east line of said Section 36 South 02°06'28' East 2519.08 feet to a point on the northerly right-of-way lin~ of Vanderbilt Beach Road; - thence along said northerly right-of-way line North 89°39'39' West 2855.35 feet; thence continue along said line North 89043'59' West 2544.87 feet to a point on the easterly right-of-way line of Airport-Polling Road (C.R. 31); thence along said easterly right-of-way line North 00°31'47' West 4490.03 feet to the sotrdi~est comer of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section thence along the south line of said land North 89°27'57' East 15.00 feet; thence along the. east line of said land North 00°31 '47' West 80..00 feet; thence along the north line of said land South 89°27'57* West ~5.00 feet to the east right- of-my line of Airport Road (C.R. 31); thence along said right-of-way North 00°31'47* West 539.49 feet to the north line of said Section thence along said north line North 89°27'57* East 3914.28 feet to the southwest comer of the east 1/'2 of the east I/2 of said Section 2.5; thence along the west line of the east 1/2 of the east. I/2 of said Section 25 North 01°54'09* West 2668.19 feet; thence continue along the west line of the east 1/2 of the east I/2 of said Section 25 North 01057'16* West 2567.06 feet to a point on the southerly fight-of-way line of lmmokalee Road (C.R. 846); thence along .said fight-of-way North 89014'36* East 1325.57 feet to the east line of said , Section 25; thence along said east line of Section 25 South 02°06'59* East 2569.75 feet to the east 1/4 corner of Section 25; thence continue along said east line of Section 25 South 02°00'46* East 2670.97 feet to the Point of Beginning; containing 789.67 acres more or less; "'- total parcel contains 2076.28 2,072.88 acres more or less; 7 HAY1 I 1999 subject to easements and restrictions of record; bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35" East. 8 MAY11 1999 2. Applicant (name, address, phone). WCI Communities 24301 Walden Center Drive Bonita Springs, Florida 34134 3. Authorized Agent (name, address, phone). George L. Varnadoe, Esquire Young, van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 4. Location (City, County, Township/Range/Section) ofapproved DR./and proposed change. The Pelican Marsh Community is located in Sections 25, 27, 34, 35 and 36, Township - 48 South, Range 25 East, Collier County, Florida. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, devel6pment order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project meter site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The Pelican Marsh DRI was originally approved by Collier County in 1995 (1)O 95-1; Resolution No. 95-71) to contain 5,600 dwelling units, 575,000 square feet of retail commercial (gfa), 350,000 square feet of office space (including up to 100,000 square feet of medical office), 280 hotel units, and 36 holes of golf. An approved 1997 NOPC (DO 97-4; Resolution No. 97-457) decreased the number of dwelling units to 5,100 units and decreased retail and office uses by 230,000 and 150,000 square feet, respectively. An additional 27 golf holes and 120 hotel rooms were also approved in 1997. WCI Communities is proposing minor revisions to the Pelican Marsh Master Plan to reflect changes in the amounts of three previously approved land uses. The proposed changes are an increase of S0,000 square feet of leasable retail commercial use (adding 57~00 square feet of gross floor area), an increase of 50 hotel rooms and a decrease by 25,000 square feet of medical office use. These changes are reflected on the revised Pelican Marsh Master Plan (proposed) attached as Exhibit "A.' - 2 - MAY 1 ! 1999 The chart on the following page describes the uses originally approved in the 1995 Pelican Marsh Development Order (DO 95-1) and the changes resulting from both the NOPC approved in 1997 and the proposed changes that are the subject of the current application. With these proposed changes, considered cumulatively with the previous NOPC, the Pelican Marsh DRI has been reduced by 500 dwelling units, 172,500 square feet (gfa) of retail, and 175,000 square feet of office use since the 1995 DO was issued. There has been a cumulative increase of 27 golf holes and increases of 36.4 acres of conservation area and 55.2 acres of open space. With the proposed addition of 50 hotel rooms, the number of approved rooms will total 450. No additional !and is being added to Pelican Marsh and there are no proposed changes to the phasing, commencement or buildout dates, or to the currently approved development order conditions and requirements. A traffic analysis prepared by David P!ummer & Associates, attached as Exhibit "B,' establishes that the changes will not - have a significant or adverse impact on the regional roadway system. The proposed changes do not constitute a substantial deviation from the currently approved Pelican Marsh DRI. tI - 3 - HAY 11 1999 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. See Chart below. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued.'? If so, has the annexing local government adopted a new DRI development order for the project? The Pelican Marsh DRI (DO 95-1) has been amended twice, as described below: _ A. Collier County approved Development Order 95-5, by Resolution No. 95- 555, on September 26, 1995. The change consisted of a new legal description and corresponding plan and text changes to reflect the addition of one (1) acre of land to the project. B. Collier County issued Development Order 974, (Resolution 97457) on December 9, 1997, which approved the applicant's NOPC with the land use changes shown on the above chart following question number 5. 8. Describe any lands purchased or optioned within ¼ mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within % mile on a project master site plan or other map. WCI Communities has an option to purchase, during the year 2000, 151 acres of land on the east side of the future Livingston Road. A legal description of this parcel is attached hereto as Exhibit "C.' 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., Florida Statutes? YES NO X - 5 - M kYi 1 199g ~ 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. No changes are proposed. 11. Will the proposed change require an amendment to the local government comprehensive plan? No. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida Administrative Code: See attached proposed Development Order, attached as Exhibit "D.' 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. A copy of the approved master plan is attached as Exhibit "E" and a copy of the proposed plan is attached as Exhibit "A.' 13. Pursuant to Subsection 380.06(19)(f), Florida Statutes, include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See proposed Master Plan, Exhibit "An and revised Development Order, Exhibit "D." There are no proposed changes to phasing or buildout dates, nor to existing DO requirements and conditions. ' b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; No had is being added to Pelican Marsh. There is no change to the legal description. - 6 - N_AY11 1999 c. A proposed mended development order deadline for commencing physical development of the proposed changes, if applicable; Not applicable. d. A proposed mended development order termination date that reasonably reflects the time required to complete the development; No change. e. A proposed mended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning; unit density reduction, or intensity reduction, if applicable; and No change. - f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. ,' No change. - 7 - HAy i 1999 SUBSTANTIAL DEVIATION DETERMINATION CHART TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457r Dec. 9~ 1997 ., Attraction/ # Parking Spaces 400 (no change) 400 400 Recreation # Spectators #Seats 750 (no change) 750 750 Site iocational changes See Map "H-2" See Map "H" Acreage, including drainage, within 80-acre 15 acres within 80-acre "activity center" ROW, casements, etc. activity center .. # External vehicle trips D.O. conditions ADA representations Airports Runway (length) N/A N/A N/A ,' Runway (strcnFh) Terminal(gross sq.fi.) # Parking spaces # Gates Apron area(gross sq.fi.) Site locational changes Airport acreage, including drainalfcr ROW~ easemcnts~ etc. # External vehicle trips D.O. conditions .., ADA representations Hospitals # Beds N/A N/A N/A # Parki.ng spaces Building (gross sq.~.) Site Iocational chanEes Acreage, including drainage, ROW~ easements, etc. # External vehicle trips ,- D. O. conditions ADA representations - 8 - TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457? Dec. 97 1997 Industrial Acreage, including drainage, N/A N/A N/A ROW, easements, etc. # Parkin~ Spaces Buildin~ (gross sq.fi.) # Employees Chemical Storage (barrels and Ibs.) Site locationel chan~es # External vehicle trips D. O. conditions ADA representations Mining Operations Acreage mined (year) N/A N/A N/A Water withdrawal (~al/day) Size of mine (acres), including drainage, ROW, easements, etc. Site locationel changes # Extemel vehicle trips D. O. conditions ADA representations Office Acreage, including drainage, within 80-aae 20 acres within 80-acre "activity center" ROW? ~entsr e~c. "activit~ center" Building (groSs sq.~.) 175,000 scl.tt (up 350,000 sq. r,. (up 200,000 r,q.fi. (up to S0,000 sq.fi. to 2:5,000 sqAt to 100,000 ~.fi. medical office) medical office) medical office) # Paukin~ spaces # Emp!oym , Site locationel eh.snSes See Map H-2 See Map "H' # External vehicle trips D. O. conditions ADA representations ,o - 9 - MAY I1 1999 TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457~ De~ 9~ 1997 Petroleum/ Storage capacity N/A N/A N/A Chemical Storage (barrels and/or Ibs.) Distance to navigable waters (feet) Site Iocational c.han~es Facility acreage, including drainalOe, ROW, easements, etc. # External vehicle trips D.O. conditions ADA representations PoUs (Marinas) # boats, wet stora[~:e N/A N/A N/A # boats, dry storage Dredge and fill (cu.yds.) ' Petroleum storage (gals.) Site locational chan~es Port acreage, including drainage, ROW, easements, etc. '. # External vehicle trips D.O. conditions ADA representations Realdential # Dwelling units 5,100 5,600 5,100 Type of dwelling units (no change) Acreage, inc. drainage, ROW, 576.8 acres 859 acres 576.8 acres easementsv ~:. 4~no chanl~e) Site Iocational chan~es See Map H-2 See Map "H' See Master Plan ' # External vehicle trips ~ .D.O~ co.ndin_'.ons - 10 - HAY 1 1999 TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457? Dec. 9~ 1997 Wholesale, Retail, Acreage, including drainage, within 80-acre 50 acres within 80-acre "activity center" Service ROW, easements, etc. "activity center' Floor space (gross sq.~.) 402,500 gross 575,000 gross 345,000 gross sq.fi. sq.R. sq.~. # Parkinl~ spaces # Employees Site Iocational chanl~es See Map "H-2" See Map "H" # External vehicle trips D. O. conditions ADA Representations H~tel/Motel # Rental Units 450 rooms 280 rooms 400 rooms Floor space (gross sq.ft.) # Parking places # Employees Site iocational chan!~es See Map "H-2" See Map "H" Acreage, including drainage, within gO-acre .' within 80-acre "activity center" ROW, easements, etc. activity center # External vehicle trips D.O. conditions ADA representations ILV. Park Acreage, including drainage, N/A N/A N/A ROWt easementst etc. # Parking spac~ Buildin~ (~,ross sq.~.) # ErnpIoF..e~ Site io~Rionai chan~es # External vehicle trips D.O. ~ondifions ADA riptemptations _ 11 _ NAv 1 i i999 TYPE OF CHANGE PROPOSED ORIGINAL PREVIOUS DO LAND USE CATEGORY PLAN PLAN CHANGE & DATE: COLLIER COUNTY D.O. 97-4; RES. NO. 97-457v Dec. 9~ 1997 Open Space (all Acreage 114.2 acres (no 59 acres i 14.2 acres natural and change) vegetated) Site Iocationai chanlSes See Map "H-2" Type of open space . non-impervious D.O. conditions surfaces) ADA representations Preservation, Buffer Acreage 330.4 Acres (no 294 acres 330.4 acres or Special change) Protection Areas - Site Iocational chan~:es See Map "H-2" See Map "H" Development of site proposed D. O. conditions ADA representations - 12 - l I I ~1 I1 IIIIIIIIIIIII~L!Lj~LILILILIL M~Y~I I May 11, 1999 Item #12B3 ORDINANCE 99-34 RE PETITION R-99-2, D. WAYNE ARNOLD OF WILSON, MILLER, BARTON, & PEEK, INC., REPRESENTING M. J. ZUIDEMA, TRUSTEE FOR LAND TRUST #500967, REQUESTING A REZONE FROM A RURAL AGRICULTURAL TO C-4 FOR PROPERTY LOCATED ON THE EAST SIDE OF U.S. 41 NORTH, NORTH OF THE INTERSECTION OF U.S. 41 AND OLD U.S. 41 - ADOPTED WITH STIPULATIONS We can move now -- COMMISSIONER NORRIS: 17(A) CHAIRWOMAN MAC'KIE: -- to 17(A), which was a rezone petition, R-99-2. It was removed from the summary agenda. Why was that, Mr. Fernandez? I just don't recall how that got pulled off summary. COMMISSIONER CARTER: Are we at 12(B)(3)? CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER CARTER: Okay. I removed that, Madam Chairperson, only because the read-in of the public record, there was one missing element. And it should state that the maximum available building height shall be 75 feet for office buildings and 50 feet for all other buildings unless further restricted by the Land Development Code at the time of site development plan approval. That wasn't there and needed to be clarified for the record. COMMISSIONER NORRIS: Other than that, that's the only issue? COMMISSIONER CARTER: Pardon me? COMMISSIONER NORRIS: That's the only issue? COMMISSIONER CARTER: That's the only issue. CHAIRWOMAN MAC'KIE: Is there anyone wishing to be heard on this petition? If so, please stand right now, raise your right hand and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Any disclosure on this item? I don't have any. COMMISSIONER NORRIS: I've met with the representative. COMMISSIONER CARTER: I've met with the representative. COMMISSIONER CONSTANTINE: I've had a brief discussion. CHAIRWOMAN MAC'KIE: And Commissioner Berry's had none. COMMISSIONER BERRY: I don't think so. May I did. If it was, it was a while ago. Could have been. CHAIRWOMAN MAC'KIE: Do we need a staff presentation, or should we just go to questions for the petitioner on the issues raised by Commissioner Carter? Are there any questions for the petitioner? MR. ANDERSON: Madam Chairwoman, for the record, my name is Bruce Anderson, the attorney for the petitioner. I want to state on the record that we are in agreement with that stipulation that Commissioner Carter just read into the record. There's one other item of a housekeeping nature. The effective date of this ordinance that's in your book, it ties it to the effective date of a particular comprehensive plan amendment that became effective yesterday. So I've discussed this with Ms. Student and Ms. Murray, and it would be changed to simply have the same effective date that any other ordinance normally has. CHAIRWOMAN MAC'KIE: Is that acceptable, or can we have a motion? COMMISSIONER NORRIS: You need to close the public hearing. Page 133 May 11, 1999 CHAIRWOMAN MAC'KIE: Oh, yeah. Are there other public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: None. We'll close the public hearing. Do we have a motion? COMMISSIONER NORRIS: Motion to approve with stipulations as presented. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: Any discussion on the motion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #12C2 ORDINANCE 99-35 AMENDING ORDINANCE 97-37, THE RECLAIMED WATER SYSTEM ORDINANCE - ADOPTED We can go to 12(C}(2), which is the Reclaimed Water System Ordinance. COMMISSIONER NORRIS: Close the public hearing? CHAIRWOMAN MAC'KIE: Is this -- I don't know, I guess I have '- is this a major policy shift or is this just sort of quantifying what we've always had as policy? MR. FINN: For the record, Edward Finn, Operations Director for the Public Works Division. No, this is essentially de facto policy or de facto practice that exists. We're essentially providing for the ability to do this clearly and provide some nominal protection for the internal customers to request and receive some understanding of what they're being billed for by the primary customer. CHAIRWOMAN MAC'KIE: Are there public speakers on this item? MR. FERNANDEZ: No, there are not. CHAIRWOMAN MAC'KIE: Then I close the public hearing. Is there questions for staff or a motion? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: I'll de facto second. CHAIRWOMAN MAC'KIE: Motion and a second. Is there discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes 4 to 1, Commissioner Constantine -- I'm sorry, Commissioner Carter is absent. COMMISSIONER CONSTANTINE: 4-0? CHAIRWOMAN MAC'KIE: 4-0. Can't count. Item #12C3 RESOLUTION 99-235 RE PETITION VAC-009 TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE COUNTY AND PUBLIC ACCESS AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT - ADOPTED 12(C)(3), which is the Foxfire patient petition. COMMISSIONER BERRY: They win the award today. Page 134 May 11, 1999 CHAIRWOMAN MAC'KIE: You guys win the patience award today. Will all persons wishing to be heard on this matter, please stand and raise your right hand and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: I have had significant amounts of communication from the applicants, and -- COMMISSIONER NORRIS: And the public, as have I. COMMISSIONER BERRY: As have I. COMMISSIONER CONSTANTINE: Me, too. CHAIRWOMAN MAC'KIE: Okay. What's the pleasure of the board? Do we need -- having had the amount of discussion that we have had privately, do we need to have -- do you want to just ask questions of staff, go to public speakers? COMMISSIONER CONSTANTINE: Let's go to the public. COMMISSIONER NORRIS: Are we going to wait for Commissioner Carter? CHAIRWOMAN MAC'KIE: Huh-uh. COMMISSIONER CONSTANTINE: Let's go to the public. CHAIRWOMAN MAC'KIE: Let's hear public speakers then, if there is no questions for staff. MR. FERNANDEZ: Armand Pepper. Second speaker is Ken Cuyler. CHAIRWOMAN MAC'KIE: Yeah, Mr. Cuyler, do you represent -- MR. CUYLER: I'm not a member of the public, I represent Foxfire. CHAIRWOMAN MAC'KIE: Okay. So we will go to registered public speakers. And then after that, if the petitioner has something they need to say, we'll hear that. MR. PEPPER: Good evening. CHAIRWOMAN MAC'KIE: It is just about that, isn't it? MR. PEPPER: My name is Armand Pepper. I am a resident of Briarwood. As a matter of fact, I was the first Briarwood resident. One of the reasons I chose Briarwood was because of its location and access to all parts of Naples. Kings Highway has always been a county road. To privatize it would cause Briarwood residents, also other subdivision and single-family residents along Radio Road, a great deal of inconvenience and would be a safety hazard. If closed, our residents would have to go to Airport Pulling Road and then south to get to the East Trail, adding mileage to get there. We have been going through Foxfire for quite a few years. Taking away this access would put us onto Airport Pulling Road, which is now badly congested with traffic, and will get worse with the completion of Livingston Road, further endangering our safety. I use Kings Way to reach my bank, Publix, my barber, and other businesses in the Kings Lake shopping area. I use Kings Way when I go to the town center, movie theatre, Beall's, K-Mart, and so forth. I go through Foxfire three to four times a week, observing their speed limits and cautions. They installed one speed bump and enlisted police to detour speeders. Then they added three more speed bumps. We residents observe and respect these precautions and abide by them. We can see no justifiable reason for them to take over a county road. It seems to me residents living on Kings Way have no valid reason to privatize a county road because they sometimes have to wait to get out of their driveways. I not only speak for myself, but I have in my hand 136 names on a petition. And the petition states: Whereas, King's Highway and Foxfire is a county road; whereas, Livingston Road will empty onto Page 135 May 11, 1999 Radio Road and tremendously increase eastbound traffic to Santa Barbara Boulevard and westbound traffic to Airport Pulling Road, which we have to travel to reach points south of Briarwood. Closing Kings Way would be a definite safety hazard and a hardship for Briarwood residents. We would have many more Briarwood residents' signatures if it were during the winter season, but many of the residents have already gone north. This petition reflects only a part of our residents which would have greatly increased in season. Privatizing Kings Way has been turned down in the past and should be turned down now. I think our commissioners should consider the issues of safety and inconvenience. The response time of emergency vehicles such as fire trucks, ambulances getting through to Foxfire as rapidly as possible is of great concern. Please vote against privatizing Kings Way. And thank you for your attention. And to whom do I submit this petition? CHAIRWOMAN MAC'KIE: To Mr. Weigel, please. MR. PEPPER: There you are. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Next speaker is Michael Comette and then Randall Robertson. (Applause.) CHAIRWOMAN MAC'KIE: Resounding applause. COMMISSIONER NORRIS: Made somebody happy. MR. COMETTE: Madam Chairwoman and Commissioners, I'm going to be very, very short today. Ken Cuyler will be making the presentation, and then the numbers will be done by Jeff Perry. Irrespective of how you decide to vote on this matter, I'd like to start by saying to Ed Kant and his people, whenever we wanted to come and see you, you always had time for us. You were receptive in resolving our problems, and our discussion were always open, frank and especially nonconfrontational. As to the Board of Commissioners, when we called your assistance, they always called us back very quickly. When we asked to have a particular meeting with each and every one of you, that was done in a very timely manner. We want to congratulate you as being a very open and accessible Collier County Board of County Commissioners. Now, the application you see before you is Foxfire, but really, it isn't Foxfire. It's really East Naples. There are three other communities that are south of us; Kings Lake, Lakewood, and the Glades. And that, with Foxfire, consists of 10,000 persons. And these are the people that are being impacted. What you have on Kings Way is a funnel which runs in two directions. It runs north in the morning and it runs south in the afternoon. Now, we have letters from the presidents of all of those three associations, plus many, many of the other communities. And not -- they're not saying we don't object. They're imploring you to do something. Why? Because we have over 6,000 cars a day. These cars either come through the Kings Way and into those communities, or from those communities into the Kings Way. So something has to be done. You know that we have a crisis on our hands. And when Livingston Road arrives in the not too distant future, we're going to have a disaster. I hope you'll give this the utmost consideration and help us with this very, very serious problem. Thank you. MR. FERNANDEZ: Randall Robertson and then Joe Stude. Page 136 May 11, 1999 MR. ROBERTSON: I believe that I could serve my public purpose better by not using five minutes of your time, so I waive my opportunity to address you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Joseph Stude. MR. STUDI: I was out in the ladies' room when you swore us in, so I wasn't sworn in. CHAIRWOMAN MAC'KIE: He was in the ladies' room, if I know Joe. Would you swear him in, please. (Speaker was duly sworn.) MR. STUDE: Good afternoon, Commissioners. I'm sorry I was absent. For the record, my name is Joe Stude and I'm president of Kings Lake Homeowners' Association. So you'll know where that is, it's right in front of Foxfire, and Foxfire is right in back of us. Now, when this traffic comes down from Kings Way, it hits Kings Lake Boulevard. Kings Lake Boulevard is a big circle where there's 779 families live, and that is the Indy-500 race track. Now, we already have enough cars and we already have enough speeders and, therefore, Kings Lake in no way wants to gate because all of you wouldn't have a way to go. But we would like to see Foxfire gated so that that traffic on Kings Way doesn't come down into Kings Lake where it dead-ends. We request you grant their petition and we're very happy to have them as a good neighbor. Thank you. CHAIRWOMAN MAC'KIE: Mr. Stude, one of the things that I think you've said already in your letter, but I want to be real clear about and get you to say on the record, is that Kings Lake is not looking for a gate. And as a matter of fact, that you don't -- you will not be -- this won't be the domino that starts the falling in the area. You don't want one? MR. STUDI: I thought I said that. COMMISSIONER NORRIS: He said that, but he didn't make it an absolute. MR. STUDI: No, we don't want a gated community. CHAIRWOMAN MAC'KIE: Okay. Thanks. Mr. Cuyler? MR. CUYLER: Ken Cuyler, for the record. You will notice that our presentation has been somewhat informal. We've done that on purpose. We realize you've gotten a great deal of information on the subject. As a matter of fact, I had about a 10-minute presentation; as the hours went by, it went down to about 15 seconds, and this is the 15 seconds. CHAIRWOMAN MAC'KIE: Good deal. MR. CUYLER: Jeff Perry has produced information that's in your backup. I know you've looked at that. If there's anything you want from Jeff, he's ready to make a presentation. We certainly can do that. We know the hour is late, and we will leave that to your discretion. CHAIRWOMAN MAC'KIE: Board members have questions on transportation issues? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: Are there other registered speakers? MR. FERNANDEZ: There are none, Madam Chairwoman. But I think it's important to make it clear that staff is ready to make a full presentation, if you'd like that. CHAIRWOMAN MAC'KIE: I'm clear on that. And we have their presentation, and it's a recommendation of denial. I understand if Page 137 May 11, 1999 board members have any questions for staff on that presentation -- first let me close the public hearing, and then Commissioner Constantine has a comment. COMMISSIONER CONSTANTINE: Yeah, just a couple of comments. I don't see it as an issue of some people waiting to get out of their driveway, as our first speaker shared, but rather the tough balance, the delicate balance that we have trying to protect the integrity of existing neighborhoods as our community grows. One of the things we have always avoided 100 percent of the time in Collier County is when we've built new roadways, we've never taken a home. We've never taken one single home from them. If you go up to Lee County, and they just built the new bridge that goes over to Cape Coral, what used to be another house in your backyard, if you live in Cape Coral, is now an interstate, a six-lane roadway. The bridge comes over, there's a little canal there and -- but it was literally a neighborhood street and it led on to another neighborhood street, and they obliterated that neighborhood in order to get that roadway in. And they had a very difficult situation up there. We have never taken one house. And that is because our priority is, we recognize the growth and we have to deal with road issues, but we also recognize the importance of existing neighborhoods and that they are the highest priority. I think the biggest supporting reason for approving this is that as Livingston Road opens it will spill, when it first opens, 17,000 cars a day onto Radio Road. There are already in excess of 6,000 cars a day going through Foxfire. And I think if we ask Jeff, and I won't just for time's sake, unless anybody wants, but they have some statistics that show a significant percentage of those being cut-through traffic. That number is going to dramatically increase when you have 17,000 more cars a day on Radio Road. Over time, the numbers are projected for Livingston to go as high as 30,000 cars a day. So what I see this is as is an opportunity to be proactive. And a neighborhood street, which is what Kings Way is, should not be subjected to having thousands and thousands and thousands of cars. I think the number projected when we talked about this past was almost 10,000 when the road first opens and then increasing from there. That just doesn't make sense. And I don't think it stays in keeping with what our stated goals are and I think what our implied goals are, and that's taking care of those neighborhoods. So I'm going to make a motion that we go ahead and approve the petition VAC-009. CHAIRWOMAN MAC'KIE: Commissioner -- COMMISSIONER CARTER: I second. CHAIRWOMAN MAC'KIE: Thank you. And Commissioner Norris had a comment. COMMISSIONER NORRIS: Well, it may be pointless now, but I opposed this last year when this petition came forward. In the interim, though, I've listened to what the homeowners had to say and I wanted to check it out for myself, so I've done a lot of driving back and forth through there on my motor scooter and in my car. CHAIRWOMAN MAC'KIE: He means his Harley. COMMISSIONER CARTER: Harley. COMMISSIONER NORRIS: And they have a point, that early in the morning and later in the afternoon, it's a steady stream of service trucks coming back and forth to the industrial park, plus all sorts of other cut-through traffic. Page 138 May 11, 1999 If you want to have your own little parade, all you've got to do is go through there and drive the speed limit and you'll have a nice little parade behind you, people trying to -- wishing they could get past you. So I'm convinced -- I went out and checked it all out for myself. I'm convinced. And looking forward knowing that Livingston Road's going to come through, I don't see any reason why we shouldn't do it today. CHAIRWOMAN MAC'KIE: Can I ask a question? I just want to get some clarification. I don't want the staff to hear a change of direction from this board. I am going to support this petition, but it's merely because I don't think it's fair to retrofit this local road with the driveways exiting out onto the road, to retrofit it into this interconnectivity, if that's a word, that we have been seeking. I don't, however, want staff to hear that we are moving away from our strong desire to have new neighborhoods, and to the extent reasonably possible, existing neighborhoods connect to each other. It's just that this one has, what, 170 driveways backing out onto it. And it's just not fair. It just doesn't work to use this as one of those roadways that could connect other communities. So I'm saying that I hope that at least a majority of the board agrees with that so staff doesn't get the wrong impression. COMMISSIONER BERRY: Absolutely. COMMISSIONER CARTER: I agree with you, Commissioner Mac'Kie. I think it's a difficult situation. And we could say it was poor design to begin with, but we can't change what's there. So let's fix what was not right to begin with. And I would like to take this opportunity to compliment the Foxfire community for the professional way that they went about studying this and bringing it to us so that it was not one of these emotional, ain't it awful situations. But you did your homework, you answered all my questions, and I really appreciate that. CHAIRWOMAN MAC'KIE: I ditto that. I have never seen such a professional presentation as you guys. And I think I've said to some of you, you should hire yourselves out because you're the model for how this should be done in the future, because it was extremely well done. COMMISSIONER NORRIS: Don't keep going on about that, they're going to get a big head. CHAIRWOMAN MAC'KIE: Well, I think that they might have earned it. Okay, there's a motion and a second on the floor. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Congratulations. Page 139 RESOLUTION NO. 99- 235 RESOLUTION FOR PETITION V/:l::::.ff-O~/TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT BOOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNIT THREE, PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES, PERSONNEL AND PERMITTING, AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Kenneth B. Cuyler, Esq., as Agent for petitioner, Foxfire Community Association of Collier County, Inc., has petitioned the Board of County Commissioners to renounce and disclaim any right of the County and the Public to access (ingress/egress) and travel upon the platted roadways located within Foxfire Subdivision and Planned Unit Development, except as specifically set forth in this Resolution; and WHEREAS, the roadways are described as those platted roadways dedicated to the use of the general Public and located within Foxfire Units One and Three and legally described as follows: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the County and the Public to access (ingress/egress) and RESOLUTION NO. 99- 235 RESOLUTION FOR PETITION V/:l::::.ff-O~/TO RENOUNCE AND DISCLAIM ALL RIGHTS AND INTERESTS OF THE COUNTY AND PUBLIC TO ACCESS (INGRESS/EGRESS) AND TRAVEL UPON THE FOLLOWING ROADWAYS LOCATED WITHIN FOXFIRE SUBDIVISION AND PLANNED UNIT DEVELOPMENT: THOSE ROADWAYS DEPICTED AND DESCRIBED IN THE PLAT OF FOXFIRE UNIT ONE, PLAT BOOK 13, PAGES 84 THROUGH 86 AND FOXFIRE UNIT THREE, PLAT BOOK 13, PAGES 101 THROUGH 103, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR THE CONTINUING AND UNAFFECTED RIGHTS OF EASEMENT HOLDERS, EMERGENCY MEDICAL AND FIRE SERVICES, COLLIER COUNTY WATER MANAGEMENT VEHICLES AND PERSONNEL, COLLIER COUNTY TRANSPORTATION VEHICLES, PERSONNEL AND PERMITTING, AND COLLIER COUNTY WATER-SEWER DISTRICT VEHICLES AND PERSONNEL; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Kenneth B. Cuyler, Esq., as Agent for petitioner, Foxfire Community Association of Collier County, Inc., has petitioned the Board of County Commissioners to renounce and disclaim any right of the County and the Public to access (ingress/egress) and travel upon the platted roadways located within Foxfire Subdivision and Planned Unit Development, except as specifically set forth in this Resolution; and WHEREAS, the roadways are described as those platted roadways dedicated to the use of the general Public and located within Foxfire Units One and Three and legally described as follows: Those roadways depicted and described in the Plat of Foxfire Unit One, Plat Book 13, pages 84 through 86 and Foxfire Unit Three, Plat Book 13, pages 101 through 103, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider the petition to renounce and disclaim the right of the County and the Public to access (ingress/egress) and other entity including, but not limited to, electrical utilities, telephone service providers, or cablevision providers including, but not limited to, Florida Power & Light, Sprint Telephone, United Telephone, Continental Cable and CVI Cable, and their successors and assigns. The access dghts of such service providers shall be unaffected by this Resolution. 4. The County does not disclaim or renounce, and specifically retains all fights for itself and all emergency services, the right to ingress/egress and travel upon the above-described roadways for emergency services including, but not limited to, the Collier County Shedff's Department or other law enforcement agencies, the East Naples Fire Control Distdct and other fire control entities, and Collier County Emergency Medical Services and other emergency medical providers. 5. The County does not renounce or disclaim, and specifically retains and reserves to itself, the fight to ingress/egress and travel upon the above-described roadways for purposes of providing the following: a. Stormwater Management Services; b. Engineering Services; and c. Installation, maintenance and operation of Utility Facilities and Services by the County or Collier County Water-Sewer District. 6. Further, the County specifically retains and reserves to itself the fight to issue fight-of-way permits by the Collier County Transportation Department for access to and installation, maintenance and operation of Facilities or Utilities within the above-described roadways and right-of-ways including, but not limited to, electrical utilities, telephone service providers and cablevision providers. 7. Maintenance and repair of the roadways described herein shall be the responsibility of the petitioner, Foxfire Community Association of Collier County, Inc., after the effective date of this Resolution. 3 BE IT FURTHER RESOLVED, that the request to renounce and disclaim the rights of the County and the Public to access (ingress/egress) and travel upon the above-described readways shall be spread upon the minutes of the Commissioners as provided in Section 336.10, Florida Statutes. BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the Commissioners shall be published one time, within thirty (30) days following its adoption, in one issue of a newspaper of general circulation published in the County. Proof of publication of notice of public hearing, the Resolution as adopted, and the proof of the publication of the notice of the adoption of such Resolution shall be recorded in the Deed Records of the County. FURTHER, proper notations evidencing this Resolution shall be made on the plats of Foxfire Units One, Two and Three as legally described above. BE IT FURTHER RESOLVED, that this Resolution shall be effective upon its adoption. This Resolution adopted after motion, second and majority vote favoring same. :.,,~Y'I'EST:':" :,: '. ;~:;:~"' BOARD OF COUNTY COMMISSIONERS 2- DWIGHT E'~ B,R~'~K, Clerk COLLIER COUNTY, FLORIDA ~.. :. ,.i _.. P MELA S. MAC'K~ '~.~ BY: Attest a~,to;, Chair=an's signature onl.lt. Approved as to form and legal sufficiency Heidi F. Ashton Assistant Oollier County Attorney 111681_1.WP5 4 May 11, 1999 Item #12C4 ORDINANCE 99-36 AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY REMOVING FOXFIRE UNITS i AND 3 FROM THE COLLIER COUNTY LIGHTING DISTRICT - ADOPTED COMMISSIONER NORRIS: Companion item? CHAIRWOMAN MAC'KIE: Companion item is C-4, which is -- COMMISSIONER NORRIS: Close the public hearing. CHAIRWOMAN MAC'KIE: If there are no registered speakers on this item, I -- MR. FERNANDEZ: You have two, Madam Chair. Michael Comette and Randall Robertson. CHAIRWOMAN MAC'KIE: Shall we assume that those speakers have waived? Because I don't see them coming forward. They just waved at us on the way out of the room. Then we'll close the public hearing -- I'm so sorry, they have not waived. COMMISSIONER BERRY: 12(C)(4). MR. FERNANDEZ: NO, it's not theirs yet. CHAIRWOMAN MAC'KIE: This is the second -- MR. FERNANDEZ: Theirs is 13(A)(1). COMMISSIONER BERRY: This has to do with the lighting district in Foxfire. That's okay. CHAIRWOMAN MAC'KIE: That's quite all right. 12(C)(4). Close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #13A1 RESOLUTION 99-236 RE PETITION CU-99-4 COLLIER COUNTY COMITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REPRESENTING THE BCC REQUESTING AH THE APPROVAL OF A CONDITIONAL USE IN THE RSF-{ RESIDENTIAL SINGLE FAMILY ZONING DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF 3~ STREET WEST, LOTS i THROUGH 11, BLOCK H, LITTLE HICKORY SHORES, UNIT #3, REPLAT - ADOPTED And now, we go to 13(A)(1), which is boat docks in Little Hickory Shores, for lack of a better description. I'm sorry, it's a public hearing. Anyone wishing to be heard on this item, please raise your right hand and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Is there disclosure from any board members on this item? COMMISSIONER BERRY: No. COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: No. COMMISSIONER CARTER: Yes, I've been briefed. COMMISSIONER CONSTANTINE: No disclosure. Page 140 May 11, 1999 CHAIRWOMAN MAC'KIE: Mr. Nino? MR. NINO: Yes. For the record, Ron Nino, Planning Services. You may recall that not too long ago we came to you and asked for your direction on how to deal with some lots that were obviously designed for boat docks only some months ago, and suggested that we come back to you with a conditional use. Here we are. This is a conditional use. It's been recommended by the Planning Commission that would allow the use of these docks on the south side of Third Street in Bonita Shores to be used for boat docks, subject to all the requirements that apply to boat docks in the Land Development Code. If you have any questions, I'll be happy to answer them. CHAIRWOMAN MAC'KIE: Why don't we go to the speakers, unless there's questions of staff. MR. FERNANDEZ: James Boswell and Robert Davey. CHAIRWOMAN MAC'KIE: Mr. Boswell? MR. DAVEY: I know it's been a long day for all of us -- CHAIRWOMAN MAC'KIE: Yes, sir. MR. DAVEY: -- so I'll be brief. CHAIRWOMAN MAC'KIE: Including you. MR. DAVEY: My name is Robert Davey, for the record, and I own property there on Third Street. I have a couple of charts. Do you mind if I put them up here? CHAIRWOMAN MAC'KIE: Not at all. Could I just generally ask you before you come over, are you in support or opposed? MR. DAVEY: I'm in support. CHAIRWOMAN MAC'KIE: You're in support. Maybe that you don't have to spend a lot of time here, because I -- MR. DAVEY: You know -- COMMISSIONER CONSTANTINE: I'm just thinking, this seems like a no-brainer, and I don't know if there's consensus from the board, but we might save you a few thumbtacks there if you see five nodding heads. MR. DAVEY: Pardon? COMMISSIONER CONSTANTINE: We might save you a little effort here. I for one anyway am supportive as well. As I look up and down, you may have -- MR. DAVEY: Well, I've got a couple of comments to make. COMMISSIONER CONSTANTINE: Sure. CHAIRWOMAN MAC'KIE: Go right ahead then. COMMISSIONER NORRIS: Are they costly? MR. DAVEY: They won't take long. I'm tired and hungry. COMMISSIONER NORRIS: You think you're tired and hungry. MR. DAVEY: All I wanted to do here was just finish pinning these up and give you an idea. COMMISSIONER NORRIS: Come to the mike. MR. DAVEY: I just wanted to kind of -- is this thing on? CHAIRWOMAN MAC'KIE: No. MR. DAVEY: I just want to kind of give you an idea of how these lots relate to the surrounding area, okay? These lots here on the south side of Third Street in the green are the ones that we're dealing with for conditional use today. These are the ones that were designated conditional use back in 1987. The nearest home towards West Avenue is here. And then the nearest homes are -- in the other direction are here. This is Little Page 141 May 11, 1999 Hickory Harbor condominiums. Back Bay Marina. This is all mangroves up in here. And all of these lots on both sides that I have highlighted in yellow all currently have boat docks or some sort of a structure, boat ramps or what have you, already in place on them. Even the ones we're dealing with now that never had the conditional use applied back in 1987 when the other lots were there. With that in mind, I just would ask you to consider three things here: Number one, approval of this resolution for the following three reasons: Excuse me, my throat's dry. There was an oversight back in 1987 and these lots were not included when the north side lots were granted conditional use, reference -- Resolution 87-260, I believe it was. Number two, the nature and size of these lots were the same of the lots on the north side of Third Street. And number three, the majority of these lots are currently in use as boat dock lots, as I've indicated here. The second reason is -- or second request I would make of you is that you direct planning to take a look at amending the Land Development Code to eliminate the need for residential side lot setbacks that have been applied to these lots on both sides of the street there. The reason is, these lots are very small, they're only about 25, 30 feet in width. And with residential site setbacks, you get seven and a half foot on either side on that lot, which applies to the property and the waterway as well. And you go -- in order to do anything there, if you put a dock in the middle of your lot or whatever and you want to put a mooring piling in to stabilize your boat so it doesn't get banged around, or to support a lift or something, you automatically have to come for a variance which costs you $425 application fee. That seems a little unreasonable to me. Let's see. Okay, I also would ask you to have them look at the Land Development Code in that respect. Number one, Planning Commissioner Davis, we went before him here back on the 15th of April. He approved this particular use, land use thing with the understanding he was going to recommend that you direct the Planning Department to look at dealing with the Land Development Code in this area. And like I say, many of these lots already have things in place that are within the setbacks already. Some have been put in back in the Sixties before there were any requirements there. Some more recent. Some have been deteriorated and rebuilt. And if that's not looked at, conceivably code enforcement can come back and penalize people that really were -- may I continue? COMMISSIONER NORRIS: You can. But I'll tell you what, the longer you speak, the less I'm going to support it. I'm losing support by the second. MR. DAVEY: Are you? COMMISSIONER NORRIS: Yeah. MR. DAVEY: Okay. Okay, then I guess the only other thing I would ask is that you consider grandfathering in what's already in place there to avoid a lot of problems and bringing things up to snuff. And I guess that's all I'm going to say. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: James Boswell. MR. BOSWELL: Should I come up? COMMISSIONER NORRIS: Sure. Page 142 May 11, 1999 COMMISSIONER CONSTANTINE: You're welcome to,'but you don't have to. MR. BOSWELL: Good afternoon. I have to speak here, my wife won't listen to me at home. I'm agreeing with the conditional use, but also, we're asking that you direct the Planning Commission to look in the Land Development Code for the setbacks. These lots were platted back in the Sixties. During the interim period between the platting and the Land Development Code actually coming into effect in the Seventies, approximately a third of these lots had already been built out already to the setback -- not to the setback lines, the property lines. Based on the fact that now there's being a code that's being utilized and applied to these lots that really doesn't make an allowance for these properties. These are boat dock lots. The setbacks were not put into effect for these type of lots. By utilizing these setbacks, it's actually imposing a hardship on the property. Also, in respect to the DEP's attention to these properties now, whose rules and regulations from year to year get more restrictive, that's an additional hardship on these properties, so we don't believe that a setback here really applies. This is an isolated area, as you can see from the plat there. There's nowhere else in the county that they exist. So I'm just saying that I feel that it should be -- the burden of changing it should not be carried on the shoulders of the taxpayer or the owners of the property, it should be directed by the code. They've been playing catch-up all along with these lots. I feel they should take the ball and carry it. Thank you very much. CHAIRWOMAN MAC'KIE: Sounds like one more glitch in the code that we need to address. I mean, we have come this far, but it sounds to me like this setback issue is one more thing, Mr. Nino, that needs to be looked at. MR. NINO: Yes. Both of these gentlemen make a good point. Knowing when side yard requirements were drafted for the dock revision, they were -- it was always thought there would be a house on the property. CHAIRWOMAN MAC'KIE: Right. MR. NINO: These lots are unique in Collier County. However, the bottom line is that by waiving the side yard requirements for both docks on these lots, you do get two lots at each lot instead of one. I would remind you of course that if we were to -- if you were to direct us to amend the Land Development Code, there was opposition to that. I voiced that at the Planning Commission meeting. COMMISSIONER NORRIS: With all due respect, the problem is not with the Land Development Code, it's just that these are really odd lots. MR. NINO: Right. COMMISSIONER NORRIS: And I don't know that we want to change our Land Development Code to fit these lots, because you're going to have some unintended consequences somewhere else. CHAIRWOMAN MAC'KIE: Right. But we could just add a provision that if it's a lot that its sole purpose is for docks, then you don't have to have the setbacks. MR. BOSWELL: I believe a separate set of codes should have been developed more. But who would have ever known? But we're playing Page 143 May 11, 1999 catch-up all the way along. I'm saying let the county take the ball and -- CHAIRWOMAN MAC'KIE: Respectfully, I'm going to have to ask you -- you've had your turn. Are there other public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Close the public hearing. COMMISSIONER CONSTANTINE: Move the item. CHAIRWOMAN MAC'KIE: Motion for approval. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Is there also direction to look into this setback issue? COMMISSIONER BERRY: No. COMMISSIONER NORRIS: No. COMMISSIONER CARTER: Well, how do we take care of these lots? Is there some way? COMMISSIONER NORRIS: I think we just did, if I'm not mistaken. COMMISSIONER CARTER: Well, we didn't take care of the setback issue. CHAIRWOMAN MAC'KIE: Well, let's vote on the motion on the floor and then we'll talk about the setbacks. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Now, it seems to me that all we've done now is make it a conditional use. They're are also going to have to seek a variance. Why have them pay that extra 500 bucks every time they want to build a boat dock? COMMISSIONER NORRIS: 425. CHAIRWOMAN MAC'KIE: Whatever it is. COMMISSIONER NORRIS: I'm not going to support a general change to the Land Development Code, because you're going to have some consequences all over the county that you didn't intend. I'm just not going to support that. CHAIRWOMAN MAC'KIE: My suggestion was that we create a special category for these tiny little lots that can only support docks. Not that we generally change the code, but that would create a subcategory for these properties. COMMISSIONER CARTER: Staff, is there a simple way to handle this? I would agree with Commissioner Norris, I don't want to change the Land Development Code, but I sure want to find a way to take care of this situation so that we don't go through hours and hours of people writing up complaints and code enforcement issues. MR. NINO: Let's understand that they don't need a variance to have a functioning dock on these properties. CHAIRWOMAN MAC'KIE: Right, but to be able to use -- MR. NINO: If you eliminate the side yard requirements, it gives them the ability to park two boats on each property instead of one. We can -- COMMISSIONER BERRY: Have we addressed the problem here? MR. NINO: We've addressed the basic problem of recognizing these lots as boat dock lots with the ability to build a dock consistent with our current requirements which would accommodate a boat, which they can do if you approve this. COMMISSIONER BERRY: All right. Then that -- as far as I'm Page 144 May 11, 1999 concerned, that addresses it. If there's any other -- if there's anything else that comes back, it will have to come back individually. CHAIRWOMAN MAC'KIE: And if you have a point to make on this, there's a public petition process. We'd ask you -- you'd have to come get on another agenda. I closed it for today, so this is the end of the discussion on this item for today. You'll have other mechanisms for speaking to the board. MR. MULHERE: For the record, Bob Mulhere. I would just add that if they chose to either get together, some of those property owners, jointly to submit one application and one fee, we can process a variance petition which will go through the public hearing process, will be advertised, and anyone who opposes that could come in and speak. CHAIRWOMAN MAC'KIE: So why don't you guys go talk and see if we can't come up with some creative way to do this. Page 145 RESOLUTION 99- 236 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF NON-COMERCIAL BOAT LAUNCHING FACILITIES CONDITIONAL USE 1 IN THE RSF-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 1 of Section 2.2.4.3. in an RSF-4 Zone for Non-commercial boat launching facilities on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Collier County Development and Environmental Services Division representing the Board of County Commissioners with respect to the property hereinafter described as: Lots 1 through 11, Block "H", Little Hickory Shores, Unit #3 Re-Plat, as recorded in Plat Book 3, Page 97, Official Records of Collier County. be and the same is hereby approved for Conditional Use 1 of Section 2.2.4.3. of the RSF-4 Zoning District for Non-commercial boat launching facilities subject to the following conditions: All boat docks erected on the subject lots shall comply with the requirements of Section 2.6.21. of the Land Development Code. m BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this /IJz~ day of '7~(.- ,1999. BOARD OF ZONING APPEALS COLLIE COUNTY, FLORIDA BY: Attest: as to Chatnnan's signature only. ATTEST:.., '~ g ~/~./,c D~rlGHT E. BROCK; Clerk ,' ApPrqved as to Fo,.rm"and Legal Sufficienby: Marjo/4e M. Student Assistant County Attorney f/CU-99-04 RESOLUTION -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequateyi~gr~s & egress No C. Affects neighboring properties in relation to noise, g~, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distri~: Compatible use w in district Yes No Based on the above findings, this conditional use should, with f/FINDING OF FACT CHAIRMAN/ EXHIBIT "A" MAY i i t99R FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: _ A. Consistency with the Land Development Code and Growth Management P~: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ~re~X Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by C--/ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes / No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 99 - 04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P./: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ Yes __ Affect ~ighboring properties in relation to noise glar , economic or odor effects: ffect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: , this conditional u ld, with stipulations, (copy attached) (should not) e ded for approval ~ {g DATE: / ' ~ MEMBER: . f/FXNDrNe OF FACT Mmem~/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management p: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress Yes C. Affects neighborin9 properties in relation to noise, or Affect mitigated hy Affect cannot he mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~hin district Yes // No Eased on the above findings, this conditional use should, with stipulations, (copy attached) (should for approval . :d DATE: ~--/~'~.~ , f/FI~M OF FA~'T M/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the and Development Code and Growth Management ~:No Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ ~so Adequate ingress & e Yes C. Affect,:N neighboring properties in relation to noise, gla , economic or odor effects: o affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr'ct: Compatible use~Nhln district Yes Based on the above findings, this conditi al use should, with stipulations, (copy attached) ~~e rec ded f r approval ~ DATE: FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: _ A. Consistency with the Land Development Code and Growth Management P~: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &~gre~ Yes C. Affects neighboring properties in relation to noise, glare economic or odor effects: ~affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Based on the above findings, this conditional use should, with stipulations, (copy attached)~h'St) be recommended for approval . f/FI~IM OF FACT FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 99 - 04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: _ A. Consistency with the Land Development Code and Growth Management Plan: Yes ~/' No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Ii No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: t/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr t: s Based on the above findings, this conditional use with stipulations, (copy attached) (should not) be reco~n~r~d for approval ~ "~~4~ f/FIND~Ne 0F FAC~ NNMm~/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: _ A. Consistency with the Land Development Code and Growth Management P~: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &~eG~ Yes C. Affects neighboring properties in relation to noise, gll economic or odor effects: _~'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w'.thin district Yes ~No Based on the above findings, this conditional use should, with , approval DATE:~__ MEMBE FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-04 The following facts are found: 1. Section of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Manage~~: No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~&~ess No Affe neighboring properties in relation to noise, C. ~~ or odor effects: or Affect mitigated by Affect cannot be mitigated D. Compatibility with adj ent properties and other property in the dist ct: Compatib~ion district Based on the above findings, this conditional use J~ with stipulations, ' ..... attached} (ahould nct)-be recommended for , approval APP~'5 . f/FZNDX!IQ OF FACT May 11, 1999 Item #13A2 PETITION NUC-99-01 THOMASE CONRECODE OF THE V GROUP OF FLORIDA, INC. REPRESENTING AMERICAN FUNDING AND SERVICE CORPORATION, REQUESTING A CHANGE IN USE FORM A SCHOOL TO AN INDOOR FLEA MARKET FOR PROPERTY LOCATED AT 6800 GOLDEN GATE PARKWAY IN COLLIER COUNTY - ADOPTED Okay. Moving on, our 13(A)(2), which is -- COMMISSIONER BERRY: Did we vote on that? COMMISSIONER CONSTANTINE: Yep. CHAIRWOMAN MAC'KIE: Sorry, it has been a long day. I'm tired too. It's a piece of property that I know as the mini mall. It's a public hearing. If anyone wishes to be heard, please raise your right hand and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: I have no disclosure. Does anyone else have any? COMMISSIONER BERRY: No disclosure. CHAIRWOMAN MAC'KIE: Good. Go right ahead. MR. REISCHL: Good afternoon, Commissioners. Fred Reischl, Planning Services. This is a petition for a nonconforming use change at the corner of Golden Gate Parkway and 68th Street Southwest in Golden Gate. The current use is a school, Royal Palm Academy, and a proposed use is an indoor flea market. If it refreshes your memory, I have some photos of the current mini mall and the proposed architect's rendering of the petitioner's proposed indoor flea market. The building -- the original building was constructed in 1974 under the C-2 zoning district. Then later in 1974, the county-wide zoning change changed the underlying zoning to "E" Estates, which it has remained ever since. Various uses have operated out of the facility, including a bowling all -- excuse me, including a flea market. There have been other nonconforming use petitions before the commission which were approved. Those include a bowling alley, which was never commenced, indoor golf range, which was never commenced, and the school, which is the current use. Staff looked at the three criteria in the code. One says that the use should be of the same character or more restricted character than the existing use. The previous nonconforming uses went from commercial use to commercial use. In this case we're looking at a school going to a commercial use. There were two ways to look at it. A school is a permitted use in most commercial districts; therefore, you could consider it commercial to commercial. Staff took the conservative approach in that most schools are conditional uses and residential districts; therefore, it's more appropriate to a residential district -- a school is more appropriate to a residential district than a commercial use. That was number two, the appropriateness to the district. However, since the building was constructed as a commercial use, again, you could take the tact that it was constructed as a commercial use; therefore, that should be continued. COMMISSIONER CONSTANTINE: Just a quick question on that one. The building was built when? Page 146 May 11, 1999 MR. REISCHL: 1974. COMMISSIONER CONSTANTINE: Has the character of this community, particularly Golden Gate Parkway, changed any since 1974, in your opinion? MR. REISCHL: It's built up as more residential neighborhood since then, yes. COMMISSIONER CONSTANTINE: Thank you. MR. REISCHL: Again, on the appropriateness of the district, I took the conservative approach that this -- a school again is more appropriate to a residential neighborhood than a commercial use. The third is the relationship to the surrounding properties. A school is active during daytime hours and weekdays. A retail use would have longer hours during the day and also operate on weekends. Therefore, based on the intensification of the current use, staff recommends denial. I have received eight phone calls in opposition, one in favor, and seven letters in opposition. CHAIRWOMAN MAC'KIE: Are there questions from staff? If not, can we go to public speakers or the petitioner? MR. FERNANDEZ: First speaker -- CHAIRWOMAN MAC'KIE: We should hear from the petitioner first. And this beautiful rendering is a picture of? MR. CONRECODE: Commissioners, for the record, Tom Conrecode with the V Group. The project that you're all familiar with, known as the mini mall, has struggled for years to define a more appealing use in that particular area. And I think this project finally brings forth an opportunity to do that. It dresses up the building. Staff would agree with all -- or the developer would agree with all of staff's stipulations for de-cel lane, for landscaping, for buffering, for all those requirements that would obviously improve the look of the facility. It would be built with upgrades to the building, providing an atrium, providing a use. The intended use as a flea market would be on Fridays, Saturdays and Sundays. It wouldn't have the intensity use that staff thinks it would have. And arguably, it would not be any more intense than the current school use on the site. So -- CHAIRWOMAN MAC'KIE: Mr. Conrecode, do you have a client who is going to build this and they're committing to this as their site plan today? MR. CONRECODE: Site plan, building plan, yes. CHAIRWOMAN MAC'KIE: This is it? MR. CONRECODE: This is it. And it has -- CHAIRWOMAN MAC'KIE: And this is to be constructed by when? MR. CONRECODE: I would image the permitting would take us a couple of months to get through and within the next year. COMMISSIONER CARTER: Have you met with the neighborhood groups? MR. CONRECODE: No, I have not. COMMISSIONER CONSTANTINE: Could I just point out, as we look at the executive summary, how many times the word nonconforming appears. It repeatedly has had nonconforming uses over and over. Some of them went, some of them didn't. But it seems like perhaps after 25 years of the building being there, it would be appropriate that the owner find a conforming use for the building, rather than continually every five years or every few years coming up with something else that doesn't fit what's allowed and trying to get that approved. CHAIRWOMAN MAC'KIE: What would be a conforming use, Mr. Reischl? Page 147 May 11, 1999 MR. REISCHL: Single-family house. COMMISSIONER CONSTANTINE: Or a school. CHAIRWOMAN MAC'KIE: Or a school. MR. CONRECODE: Actually -- COMMISSIONER CONSTANTINE: It wouldn't request any -- it wouldn't require any change. MR. REISCHL: Correct. COMMISSIONER CONSTANTINE: School is yet another conforming -- MR. REISCHL: Right, a school is an approved nonconforming use; correct. CHAIRWOMAN MAC'KIE: But the only conforming use would be a house? MR. CONRECODE: In estate zoning. CHAIRWOMAN MAC'KIE: How many houses could you get on that lot? MR. REISCHL: Two. Two houses, two guest houses. CHAIRWOMAN MAC'KIE: And that's a pretty busy road to be asking people to put two houses. COMMISSIONER CONSTANTINE: I think if you look -- actually it goes fairly deep off the road. But if you look all the way up and down the rest of Golden Gate Parkway, that's exactly what's there, with the exception of a church. CHAIRWOMAN MAC'KIE: Isn't David Lawrence Center there? COMMISSIONER CONSTANTINE: On the other side of that -- CHAIRWOMAN MAC'KIE: On the other side. MR. CONRECODE: Madam Chair, could I make a comment regarding -- CHAIRWOMAN MAC'KIE: Yes. I'm sorry I interrupted your presentation. MR. CONRECODE: It's important to note that when the building was built, the zoning on the site was C-2 until the rezone went through, which took it back to an estate zoning and created the nonconforming use. So the nonconforming use is a creation of the zoning process and not necessarily of the underlying landowner's doing. And you're -- in fact, the only opportunity that remains for this site is either to continue as a nonconforming use or to revert to estate zoning, which would allow for residential use. COMMISSIONER CONSTANTINE: I think the timing of that's kind of interesting. And you're right, I mean, they did get in before the deadline. But the permit was issued literally a couple of months before the code changed to make that estates zoning. And the actual construction was completed after the change had been made. So this isn't something that after the building had been there for 15 years then changed and they're suffering the consequence. That was actually an ongoing change at the time of construction of the building, and they've continually had nonconforming use for 25 years. So I just -- there may be more to your presentation, but I can't support this. I think that entire area is residential. There are a couple of exceptions on the Parkway, but by and large others have found it -- found a way to use those properties for residential. And you have an opportunity to do things, either with a school or otherwise, but, you know, there comes a time where it ought to conform to the same rules everybody else is. And it's had nonconforming after nonconforming after nonconforming use. And after 25 years, we ought to be able to find a way to follow the rules. CHAIRWOMAN MAC'KIE: Mr. Reischl, on that, if you'd put the site map up instead of that, whatever's there, and tell me, the site -- there's a site immediately across, I guess, Golden Gate Parkway that Page 148 May 11, 1999 looks identical to this one in size, configuration. What's on that -- yeah, that piece of property. What's there? MR. REISCHL: It's vacant. That's a vacant parcel. CHAIRWOMAN MAC'KIE: But it's estate zoned? MR. REISCHL: Correct. CHAIRWOMAN MAC'KIE: And then as you continue south, those smaller, thinher lots are all single-family homes? MR. REISCHL: Single-family or estate zoned vacant properties, yes. CHAIRWOMAN MAC'KIE: And are there any commercial properties at all on that side, you know, within the site map there? MR. REISCHL: Yes. Well, the bingo hall is not technically a commercial property, it's another nonconforming use, but its use is commercial property. It's within -- if you -- when I was out taking photos, standing on the site, you could look through this lot and see the bingo hall. It's pretty close. MR. CONRECODE: And then there are other conditional uses in the area, such as churches and day-care centers up and down along Golden Gate Parkway. CHAIRWOMAN MAC'KIE: Would this be available for a day-care center as a conditional use under estate zoning, Mr. Reischl? MR. REISCHL: It's not within one of the properties that is earmarked for a conditional use within the Golden Gate Master Plan. It would require a master plan change. CHAIRWOMAN MAC'KIE: So they could -o if we don't -- MR. REISCHL: Or a nonconforming use to a child care. CHAIRWOMAN MAC'KIE: Which they -- okay. No, I don't see how you could create a new nonconforming use. MR. REISCHL: Well, that's what the petitioner is requesting today. As long as you utilize the same structure. COMMISSIONER CONSTANTINE: It's a nonconforming change. MR. REISCHL: Right. CHAIRWOMAN MAC'KIE: Oh, there is such a petition. Okay. Well, that answers my question. Other questions? COMMISSIONER CONSTANTINE: For legal purposes, my two points would be that the appropriate -- it doesn't meet the appropriateness of the district or of the area, and primarily because the flea market I do see as a more intense use than the school. CHAIRWOMAN MAC'KIE: Are there other public speakers? MR. FERNANDEZ: Louis DePrisco and Barbara Burgeson. MR. DePRISCO: Good evening. My name is Louis DePrisco. I retired in this area seven years ago and stayed retired for six years. One year ago in May, I came out of retirement, bought a construction company in North Naples and was struck by the fact that there was no place for some of our clients to place their children in private schools. The major private schools in Collier County now have waiting lists. I've interviewed, for example, Community School and other places. Large waiting lists. The first question people ask when they come in to buy a house, to have us build a house for them is, where can I send my children to school? So last May we decided to build a school, to start a school. It's Royal Palm Academy. And between May 1st and September 1st, we got all the approvals, all the permits, we did everything necessary, we opened our doors. Last year we had four students. We spent Page 149 May 11, 1999 $325,000 on those four students. Today we have 12 students. We have tripled in size. We have on hand 24 students for September 1st. We were just granted our 501(C)(3) by the IRS, which means that we're a not-for-profit organization. And because of that, we can receive contributions which are now tax deductible. Immediately we were given $160,000 to use for tuition assistance and scholarships for low-income families. We also received $100,000 as a down payment on property we were buying very near the community school off of Pine Ridge Road. A 2~7 million dollar property we're buying. I've been to the banks and we have financial backing for the purchase of that property. The school has been through some very tough times, with only four students, now 12, now 24. We expect to have 40 in September. Because of the fund we have for scholarships, we're going to spend $60,000 for scholarship assistance. That will permit us to have 20 more students on top of the 24 we have now. So our school is growing rapidly. We need one more year before we are able to complete the first infrastructure for our 40-acre campus that we're building up off of Pine Ridge Road. The property we're located in now is leased. We lease from Mr. Combs, who has the building there. We paid him one year's rental in advance, and we've offered to pay him the next year's rental in advance. So we're there to stay. Before us the property was occupied by the Odyssey School. We took over their buildings. We bought their buildings. We own the buildings. And we're prepared to go from there. Our hope is to not only have a school that will cater to the elite, but also a school that will cater to those in need. And to cut us off at this point of our development, we have no place else to go. The only place to move our school would be to a location that is zoned for school. And I don't think we're going to find a location that will let us move for one year. It would cost us between 50 and $100,000 to move our portable buildings. And so we're in quite a bind if this petition is permitted. So I would request respectfully that this petition not be permitted, that it be turned down in the interest of the greater Collier County populous which we serve. Are there any questions? C~iIRWOMAN MAC'KIE: Questions? No, sir, thank you. MR. FERNANDEZ: Next speaker is Barbara Burgeson. MS. BURGESON: Hi. For the record, my name is Barbara Burgeson. This is my son, Eric. I live at 66th Street Southwest, one street east of the proposed project. And also for the record, I've been on vacation since 3:00 this afternoon. I'm here representing many of my neighbors, most of whom could not be here today. Many have called in expressing their opposition. Last I checked, there had been more than 40 phone calls placed in opposition to this. That's in addition to Fred's calls, many that have been placed to the Board of County Commissioners' offices. We support the decision and recommendation for denial of this NUC-99-1, the flea market. Our major concerns are for -- I'm sorry, I don't know why I'm so nervous on this side of the podium. Our major concerns are for an increase in traffic from the current use to what I feel is inappropriate for our neighborhood. The current traffic is limited to weekdays during school hours. The proposed new use would Page 150 May 11, 1999 impact streets in the evenings and weekends, in addition to the weekday hours. Our neighborhood has changed a lot since we moved in about 10 years ago. At that time we had five children on our street, and now we have more than 20. So the neighborhood's changing. And people that I've talked to that live on streets adjacent to us and across Golden Gate Parkway have been expressing the same thing, that the neighborhoods are changing. There's more families, more kids coming in. And for that reason alone, I think that putting in a flea market in the neighborhood is going to be detrimental and not beneficial to the neighborhood in particular. Just as a matter of record, the board approved the nonconforming use change about a year and a half ago for the bingo hall, which was mentioned earlier. That property has already gone through some code enforcement violations and some site planning changes since it was approved. It had 77 parking spaces the day it was approved, today it has 140 striped spaces, which includes an additional parking area that did not exist when it was a skating rink. I did not feel that was appropriate at the time that it was approved. And today I think it's obvious even though the board approved it and felt that it was not an increase in intensity, that since then it has increased in intensity from what the board, I believe, was originally approving and expecting. We agree that this use is not appropriate for our neighborhood, and we'd like to ask you to please help us to maintain the neighborhood in the spirit and the condition and the safety and integrity that it's in right now. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: No other speakers, Madam Chairman. CHAIRWOMAN MAC'KIE: Close the public hearing. COMMISSIONER CONSTANTINE: I make a motion we deny Petition NUC-99-01. COMMISSIONER CARTER: Second. COMMISSIONER NORRIS: Second. COMMISSIONER BERRY: All kinds of seconds. CHAIRWOMAN MAC'KIE: Yeah. Motion and a second. Is there a discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion passes unanimously. COMMISSIONER CONSTANTINE: I didn't -- I realize sometimes you need to have some finding of fact. I hope my comments earlier in the public hearing sufficed for that purpose. MR. WEIGEL: That's fine. CHAIRWOMAN MAC'KIE: Great. Item #14A STAFF COMMUNICATIONS ~ COMMISSIONER CONSTANTINE TO WORK WITH COUNTY ATTORNEY RE THE LELY HOMEOWNERS ASSOCIATION LAWSUIT MEDIATION I think we're at communications. Do you have any, Mr. Attorney? MR. WEIGEL: Yes, thank you. Briefly, as you're aware, the Lely Homeowners' Association have filed a lawsuit against the county, contesting the board's reconsideration of the settlement agreement Page 151 May 11, 1999 some time ago. As it works its way through the court, we've been ordered to go to mediation. It's currently scheduled for July 22nd, but that's not a true date. My question is, is there -- would the board like to choose a member of the board to attend the mediation as an attendee representative that would report back to the board later? CHAIRWOMAN MAC'KIE: Respectfully, your Chair will be out of town. MR. WEIGEL: The month -- rather than July 22nd, which is a bad month, for everybody it is. June or September would be the months where we can get a date and I can assure you that we can get a date that will work with whichever commissioner happens to be the lucky one . COMMISSIONER CONSTANTINE: I'll be happy to do that, if the Chair is going to be out of town. CHAIRWOMAN MAC'KIE: Appreciate that. MR. WEIGEL: Look forward to work with you on that one. Thanks. CHAIRWOMAN MAC'KIE: Is that acceptable to the board? Great. Anything further, Mr. Weigel? MR. WEIGEL: No. CHAIRWOMAN MAC'KIE: Mr. Fernandez? INTRODUCTION OF STAFF MEMBER OF PUBLIC WORKS, JOSEPH CHEATHAM MR. FERNANDEZ: Yes. We have one item under administrator's communications. We'd like to introduce a new staff member to you today. Mr. Joseph Cheatham. Mr. Ilschner will do the details. MR. ILSCHNER: For the record, Ed Ilschner, Public Works Administrator. Good evening, Commissioners. Madam Chairwoman, it is indeed my pleasure to present to you this evening Mr. Joseph Cheatham. Joe, would you rise, please, so the commissioners can see you? We're extremely proud to present Joe to you today. Joe has extensive experience in wastewater, over 28 years of experience. Comes to us from Gainesville Regional Utility. And we're also proud and feel fortunate to have Joe in that he brings to this county some nationwide recognition from his peers across the country. Joe serves on the AWWA Qualserve program, and we're particularly proud of that. This is a program that evaluates other utilities to identify how they can improve their operations. And we're looking forward to a lot of things from Joe in that particular area. We're proud also of his authorship of a correspondence course called Supervision and Management of Wastewater Treatment Plants. And he of course has taught this course at the University of Florida, Department of Continuing Education. And then finally, we have activated sludge plans, and Joe is going to bring a great deal of expertise here. He's authored and taught Troubleshooting O&M Problems at Activated Sludge Wastewater Treatment Plants at the TREEO Center at the University of Florida. And so I present to you Mr. Cheatham, and we look forward to working with him. And we look forward to his family coming to Collier County and being part of our Collier County family. CHAIRWOMAN MAC'KIE: Wonderful. COMMISSIONER CARTER: Thank you. COMMISSIONER BERRY: It appears another Gator in Collier County? Oh, no. Page 152 May 11, 1999 CHAIRWOMAN MAC'KIE: Go Gators. COMMISSIONER CONSTANTINE: Looks like a nice guy despite that. COMMISSIONER BERRY: Yeah, I know. CHAIRWOMAN MAC'KIE: Anything else, Mr. Fernandez? MR. FERNANDEZ: No, thank you. Item #14B COMMISSIONER BERRY REGARDING A GATE AT 1-75 AND EVERGLADES BOULEVARD FOR EMERGENCY PURPOSES DURING EVACUATIONS COMMISSIONER BERRY: Only briefly. This past week, or a week and a half ago, I wrote a letter to Porter Goss and copied several people on this regarding due to the fires that we've had out in the eastern part of the Estates and out in that area, there's been a lot of interest from residents who live off of Everglades Boulevard, both on the north and the south sides of Everglades Boulevard, and their being able to access and get out of the area, because they are rather limited in areas and ways that they can evacuate. I have asked Porter Goss to help us on an emergency basis only of providing access, seeing what he can do. Also this letter went to the Florida DOT, to see what they could do in helping us to establish a gate at Everglades Boulevard and 1-75 to be used only in emergency circumstances to get people out of the area. And I would ask that if that would be done, it would be through the Sheriff's Department, emergency medical services, the fire department and forestry. And it would be a determination that if they determined that they needed to get people out, that there would be some kind of a gate available to get them out. I just wanted you to know that in case you heard about it. CHAIRWOMAN MAC'KIE: Thank you. Commissioner Norris? COMMISSIONER NORRIS: Nothing today. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: I have a memorandum, I believe, from Code Enforcement, the Sheriff's Department, with regards to our favorite little nightclub and their liquor license that expired. And what intrigued me is that the division of the State of Florida of Tobacco and Alcohol could not react promptly to the situation. I have sent a letter to all of our representatives and state senators saying I think it's again probably government at its worse, if they have lost their license or it had expired, then we need immediate reaction and not something where we can't react to it. CHAIRWOMAN MAC'KIE: I can't imagine. That was on my list for today, too. And I can't imagine that that isn't a violation of some criminal statute that the Sheriff's Office could enforce. But hopefully somebody's listening and can communicate that. Commissioner Constantine? COMMISSIONER CONSTANTINE: A little bit of good news. You may recall we went through a process at the international airport to get customs designation for not only that airport but for our county and Charlotte County as well. Originally it was requested for five counties, was promised to us for three counties, and the paperwork came through and it only included Lee County. We fought that and it officially came through. It's a done deal at this point, Collier County is included. Page 153 May 11, 1999 CHAIRWOMAN MAC'KIE: Five counties, or -- COMMISSIONER CONSTANTINE: No, Collier and Lee County. COMMISSIONER BERRY: Collier and Lee. CHAIRWOMAN MAC'KIE: That's what I thought. COMMISSIONER CONSTANTINE: Folks in Charlotte were a little upset, but we -- I think they weren't quite as vocal, so -- CHAIRWOMAN MAC'KIE: My only communication is just to be sure that there will be whatever notice is required for our meeting next Tuesday on the Growth Management Plan, and just to ask that whatever arrangements can be made for Thursday. I understand there's a tour available for us of the -- COMMISSIONER BERRY: Lake Trafford. CHAIRWOMAN MAC'KIE: -- Lake Trafford. COMMISSIONER BERRY: And also, that if you want to do the other. CHAIRWOMAN MAC'KIE: This Friendship House dinner. But I also hope that there will be some housing kind of a tour set up that those of us who'd like to avail ourselves of it can do that. Anything further? COMMISSIONER CARTER: Commissioner Berry, what time will that meeting out there actually start if you don't go the dinner or you don't do the other tours? CHAIRWOMAN MAC'KIE: 7:00. COMMISSIONER CARTER: 7:00? Thank you. COMMISSIONER BERRY: And that's at the middle school out there, which is right across the street, west side of the high school. CHAIRWOMAN MAC'KIE: Anything further? If not, we're adjourned. ***** Commissioner Norris moved, seconded by Commissioner Constantine and carried unanimously, that the following items under the Consent and Summary Agenda be Approved and/or Adopted~ ***** Item #16A1 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES TO PROVIDE FOR A FLOODPLAIN MANAGEMENT (FEMA) COORDINATOR Page 154 2477808 OR.' 2547 PC: 1787 RECORDID iZJ 011IC1~ RECORD~ of CO~Z~I~l CO~fi, 1. 05/I7/1999 at 08:51~ DEIGHf E. BROC[, C/,IRK Retn: CO~Z~S 5. O c ng f0 noA HAY ! 1 1999 Z~R0ffZCB 4~ ~00~ BZf 7210 INTERLOCAL AGREEMENT FOR CITY-COUNTY FEMA COORDINATOR This Agreement, made and entered into this/~day of "Z'/7~ed , 1999, by and between the CITY OF NAPLES, a municipal corporation, hereinafter "City" and COLLIER COUNTY, a political subdivision of the state of Florida, heroinafter called "County", to provide for the continuation of a joint City-County FEMA coordinator to provide and develop floodplain management programs to coincide with the National Flood Insurance Program and Community Rating System within each community. WITNESSETH WHEREAS, the City and County both participate in the FEMA National Flood Insurance Program and the Community Rating System; and WHEREAS, the City and County have determined that the implementation of a City- County FEMA Coordinator has proved beneficial to both City and County governments and its citizens: WHEREAS, the City and County desire to renew the Interlocal Agreement with modifica~,ons to operating expenses for a period of three (3) years retroactive to December 1, 1998 to expire on December 31, 2001. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as follows: .... 1, There will be one Community Rating System Coordinator CFEMA Coordinator") for both the City and the County. The City will employ the F.EMA Coordinator subject to the funding provisions set forth in paragraph 3. 2. The responsibilities of the FEMA Coordinator are as follows: a. Fqan, implement, and oversee the completion of Community Rating System activities. The activities include, but are not limited to the following: Activity 310 -- Elevation Certificates · Maintain and collect Elevation Certificates for all new construction and substantially improved buildings built in the Special Flood Hazard Area since the community joined the Community Rating System. · Maintain and collect Elevation Certificates for all new construction OR: 2547 PG: 1788 HAY l I B99 · Maintain and collect Elevation Certificates for all new construction and substantial improvements on buildings built in the Special Flood Hazard Area since the community joined the National Flood Insurance Program. · Input Elevation Certificate data received after October 1, 1997, in computer format and provide this data to FEMA annually. · Establish a procedure for more efficient and effective storage and retrieval of EleVation Certificates. Activity 320 -- Map Information · Provide information regarding the Flood Insurance Rate Map (FIRM) and flood insurance purchase requirements to the public. Activity 330- Outreach Projects · Once annually send written information to all property owners of the City and County covering the following topics; local flood hazard, map of the local flood hazard, flood warning system, flood safety, flood insurance, property protection measures, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. This outreach project will also advertise the services provided by the Development Services Division, including providing FIRM information, canal/ditch dumping regulation, and flood protection assistance. · Provide information on monthly utility bills from the City and County (one topicJmonth). · Twice annually send written information to owners of property in the Special Flood Hazard Area located in either the City or County, explaining that the recipient is located in a Special 'Flood Hazard Area. This outreach project will cover the following topics: local flood hazard, map of the local flood hazard, flood warning system, flood safety, flood insurance, property protection measures, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. Services provided by the Development Services Division, including providing FIRM information, canal/ditch dumping regulation, and flood protection assistance will also be advertised in this publication. · Conduct other outreach projects, such as presentations to professional organizations, school groups, homeowners' associations, etc. Activity 340 -- Hazard Disclosure · Establish hazard disclosure standards for real estate agents to notify those interested in purchasing properties located in the SFHA about the flood hazard and flood insurance purchase requirement. Activity 350 -- Flood Protection Library OR: 25 APVG : 1789 1 J999 · Ensure that the local libraries contain the following: a copy of the City's and County's current Flood ~nsurance Rate Map, an up-to- date directory of addresses and telephone numbers of local offices that can provide more information including a reference on the Floodplain Management Resource Center and instructions on how people can use it, and publications relating to the following topics: flood insurance, flood protection, floodplain management or flood hazard mitigation, natural beneficial functions of floodplains. Activity 360 -- Flood Protection Assistance · Provide site-specific flood and flood-related data, such as 'floor elevations, data on historical flooding in the neighborhood, or similar information so that inquirers can relate the flood threat to their properties. · Provide names of contractors and consultants knowledgeable or experienced in retrofitting techniques and construction. · Provide material on how to select a qualified contractor and on what recourse people have if they are dissatisfied with a contractors performance. · Make ~site visits to review flooding, drainage, and sewer problems and provide one-on-one advice to the property owner. · Provide retro~tting advice and assistance. Activity 420 -- Open Space Preservation · Monitor City and County regulations for vacant floodplain lands open through public ownership, pdvate preserve, or which regulate development so that there will be no new buildings or filling on the land. · Monitor City and County regulations which require that areas preserved as Open Space are maintained in an undeveloped natural state, restored to a natural state, or which protect natural and beneficial floodplain functions, Activity 430 -- Higher Regulatory Standards · Coordinate with City and County Building Officials to ensure enforcement of the Standard Building Code regulation requiring engineered foundations. Activity 440- Flood Data Maintenance · Coordinate annual update and maintenance of digitized parcel data. · Coordinate annual update and maintenance overlay map of FIRM and property map. Activity 450 -- Stormwater Management · Coordinate continued routine inspection and maintenance of stormwater management system. OR: 2547 PG: 1790 NAY 11 1999 Activity 510 -- Floodplain Management Planning · Coordinate the development of a Floodplain Management Plan utilizing the following standard planning process; organize and prepare the plan, involve the public, coordinate with other agencies, assess the hazard, assess the problem, set goals, review possible activities, draft an action plan, adopt the plan, implement the plan, and evaluate and revise annually. Activity 530 -- Retro~tting · Coordinate the retm~tting of insurable buildings located in the Special Flood Hazard Area in order to protect them from flood damage. Activity 540 -- Drainage System Maintenance · Coordinate the inspection of drainage systems and removal of debris from the drainage system on a routine basis. - Coordinate the enforcement of the canal/ditch dumping regulation. · Coordinate the maintenance of coastal erosion protection programs. Activity610 -- Flood Warning Program · Coordinate the flood warning program including emergency warning dissemination and maintaining and evaluating critical facilities planning annually. b. Prepare and maintain Community Rating System activity documents. c. Provide input to the City and County on policy decisions that affect floodplain management and flood hazard mitigation. 3. The annual funding under this Agreement is as follows: a. Budgeted Items Projected Amount Salary and Benefits $40,000 Printing and Mailing $7,000 School and Training ' $1,000 Vehicle maintenance, repair &fuel $ 450 Computer Software $ 600 Cellular Phone $ 360 Office Supplies $ 300 Books/Subscriptions $ 200 Work area at City of Naples &Collier County n/a Total $49,910 b. Above items do not necessarily reflect definite expenditures, but are based on previous activities of this position. c. Any additional expenses must be decided upon through mutual written agreement. 4 *** OR: 2547 PG: 1791 MAY 1 d. All costs and expenses set forth above shall be paid 50% by the City and 50% by the County. The City will pay for all expenses initially and shall bill thd County annually for expenses incurred through August of each year. An invoice shall be submitted no later than September 15th. 4. This Interlocal Agreement shall be in effect until December 1, 2001. However this agreement may be cancelled by either party upon a sixty (60) day notice. 5. This Agreement shall be recorded in the Public Records of Collier County, Flodda. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above wdtten. T~r~ Norman, C4t~ Cierk, ~Barne~, Mayor A~proved as to form and legality: ~est: , ~j~;. BOARD OF COUN~ COMMISSIONE S, DWight E. Bro~k,. sf~ature ~1 . Approved as to ~rm and legal sufficiency: ~County'Attorney ' Z:~d~wo~amXinterlocal agreement May 11, 1999 Item #16A2 SATISFACTION OF LIEN FOR THE COST OF THE ABATEMENT OF A PUBLIC NUISANCE, AS PER RESOLUTION 99-106 RECORDED ON MARCH 23, 1999 - OWNER: JENNIFER BRANDON, LOT 3, BLOCK 66, NAPLES PARK, UNIT 5 Page 155 *** 2477207 0R: 2547 PG: 0101 BCOIDIO in OffICIAL ItlCORD~ 0[ COLI, Ig This instrument prepared by: FO~iJLUtiti~SlJ~RLt,. BIIOCI[, CLllI Heidi Ashton 5-t~.lq~lq Jr q.. z60,.,BC 111 i.O0 COgllS t,00 Office of the County Attorney 3301 East Tamiami Trail CLIRi f0 THS SOAtO HAY 11 1999 Naples, Florida 34112 INfmiOfflCl 4fa IL00l (941) 774-8400 SIr 7210 Property Folio No. 62777640003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain Lien by Resolution No. 99-106 against: Jennifer S. Brandon 791 98m Ave. North Naples, FI. 34108 The lien was recorded on March 16, 1999 Official Record Book 2523, Page 3443, in the Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida. The lien secures the principal sum of Two Hundred Forty Five ($245.00) plus accrued interest and penalties, if any, and imposes certain obligation against real property situated in Collier County, Florida, which property is described as follows: Lot 3, Block 66, Naples Park, Unit 5, according to the Plat Thereof, recorded in Plat Book 3, at page 14, of the Public Records of Collier County, Florida. REFERENCE: 80821-031 Folio#62777640003 Collier County, a political subdivision of the State of Florida, by execution of this Satisfaction of Lien, acknowledges payment as full satisfaction of the Lien and hereby cancels said Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of the Satisfaction of Lien, by action of the Board this //~..x. day of 'TA *,-,.. ,1999. Attest,,4,S~l~b~f~d41~an.s s l gnatur~:-'on i ,,; ~'~A'*' ' '' . !:,,; :~. ~, BOARD OF COUNTY COMMISSIONERS """ Chairwoman May 11, 1999 Item #16A3 BID #99-2922 FOR THE MARCO ISLAND 5 MILE ARTIFICIAL REEF CONSTRUCTION - AWARDED TO KELLY BROTHERS, INC. IN THE AMOUNT OF $25,000 Item #16A4 FINAL PLAT OF "VENTURA, PHASE ONE - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 156 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this //,~Lday of ~ 1999, between Pulte Home Corporation, hereina~er referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereina~er referred to as "The Board". RECITALS: A. Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Ventura Phase I. B. 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, THEREFORE, in consideration of the foregoing premises and mutual covenants hereina~er set forth, Developer and the Board do hereby covenant and agr~ as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation, sanitary sewer and street lighting improvements for Ventura Phase I within twenty-four (24) months from the date of approval of said subdivision plat, said improvement hereinafier referred to as the "re~quired improvements." 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $ ~- Z c5 ] Z~ ~t 3, ~ {o which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred 3/24/99-55463 Vet: 011 -NHOFFMAN NOI36-O66--002-ESBM-22895 1A¥1 ! 1999 Construction and Maintenance Agreement Ventura Phase I percent (100%) of the estimated cost Agreement. 3. of to complete the required improvements P~e2 at the date of this 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. 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 its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve 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 Development 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 to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%) of the 3/24/99-55463 Vet: 011-NI4OFFMAN NO 136-066-002-ESBM-22895 HAY1 t 1999 Construelion and Maintenance Agreement Page 3 Ventura Phase 1 subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the 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 or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 3/24/99-~5463 Vet: 011-NHOFFMAN N0I 36-066--002oESBM-22895 MAYI i 1999 Con$1ruction and Maint~nan~ Agreement Ventura Phase 1 All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this ?./t;t~ay of~ 1999. ATTEST: Witness #2 - Prim Name Approved as to form and legal sufficiency: 6CL~ David C. Weigel, Esquire County Attorney Pulte Home Corporation 4014 Gunn Highway Suite 250 Tampa,. ~torida 33624 Prin~t .~, me 'l . ne ' !1~] EXPIRES: Oemmber 8, 2~2 Bo~d of Co~W Co~issioners of Collier Co.W, F~ ~~ ~ / Ch~om~ 3J31/99-$3B76 Vet: 011-NHOFFMAN b10136-066-002-ESBM-22895 NA¥ ! !999 SUNTRUST LETTER OF CREDIT NUMBER: ATLP600723 ISSUANCE DATE: APRIL 19, 1999 APPLICANT: PULTE HOME CORPORATION (HEREINAFTER "APPLICANT') 4014 GUNN HIGHWAY, SUITE 250 TAMPA, FL 33624 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA (HEREINAFTER "BENEFICIARY") C/O OFFICE OF THE COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 33942 FOR USD 425,473.76 (FOUR HUNDRED TWENTY FIVE THOUSAND FOUR HUNDRED SEVENTY THREE 76/100 U.S. DOLLARS) DATE OF EXPIRATION: NOVEMBER 15, 2000 PLACE OF EXPIRATION: COUNTERS OF ISSUING BANK WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. ATLP600723 IN YOUR FAVOR FOR ACCOUNT OF THE ABOVE-REFERENCED APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON US PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT: BENEFICIARY SIGNED AND DATED STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT : "PULTE HOME CORPORATION HAS FAILED TO CONSTRUCT AND/ OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS VENTURA PHASE I OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." THIS LETTER OF CREDIT SETS FOR IN FULL THE TERMS OF SUNTRUST BANK, ATLANTA'S UNDERTAKING AND SUCH SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE YEAR FROM THE EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SEND WRITTEN NOTIFICATION TO YOU BY REGISTERED MAIL THAT WE *****CONTINUED ON NEXT PAGE***** LETTER OF CREDIT NUMBER ATLP600723 PAGE NO. 1 All correspondence and communication should be directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 0225 (7/96) . MAY1 1 1999 SUNTRUST ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. ALL DRAFTS MUST REFERENCE THE NUMBER AND ISSUE DATE OF THIS CREDIT. THIS LETTER OF CREDIT IS SUEJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500. WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS SPECIFIED ABOVE TO SUNTRUST BANK, ATLANTA, 25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT. 3706, ATLANTA, GEORGIA 30303 ON OR BEFORE NOVEMBER 15, 2000 OR ANY AUTOMATICALLY EXTENDED DATE. SINCERELY, SUNTRUST BANK, ATLANTA ZED SIGNATURE Mar~ C. Psaila PAGE Assistant Vice President Group Vice President All correspondence and communication should 13o directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 910225 (7/96) May 11, 1999 Item #16A5 FINAL PLAT OF .VENTURA, PHASE TWO. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 157 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION la qot IMPROVEMENTS entered into this [\ day of ~ ,-3000, between Pulte Home Corporation, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS: A. Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Ventura Phase 2. B. 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, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation, sanitary sewer and street lighting improvements for Ventura Phase 2 within twenty-four (24) months from the date of approval of said subdivision plat, said improvement 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 hereof) in the amount of $ ~r ~ ~ e~, ~..~ which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred !99 5/9/00-77777 Vet: 01!~-]AYES c^~43 N01364Ya6~03- ECOR -22899 Construction and Maintenance Agreement Page 2 Ventura Phase I percent (100%) of the estimated 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. 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 its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve 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 Development 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 to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%) of the 5 5/9/00-77777 Vet: 01!-CHAYES c^ #43 NG'136-066-003- ECOR-22899 16A MAY I 11999 5 Construction and Maintenance Agreement Page 3 Ventura Phase I subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the 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 or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 5/9/00-77777 Ver: 01!~2HAYE5 CA $43 N 01364}66-003-ECOR- 22899 16A .5 MAY ~ 199~ Construction and Maintenance Agreement Ventura Phase I Page 4 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this [ I day of .ff~,2000. DEVELOPER: Signed, Sealed and Delivered in the presence of: Signature ~ig~ature Printed or typed name ATTEST: DWIGHT El BROCK, CLERK Ve~uty.Ci[?k' Attest 'as to ChMrman's Approyed as. to form and lega~su~c~_iency: David C. Weigel, Esquire Collier County Attorney BOARD OF COUNTY COMMISSIONERS BO~: CpaC~i Ila MaC~~~ Chairwoman 5/9/00-77777 Ver: O1 bCHAYES CA N 013641664)03- ECOR-22899 MAY i i!g99 S UST LETTER OF CREDIT NUMBER: ATL/P600982 ISSUANCE DATE: MAY 05, 2000 APPLICANT: PULTE HOME CORPORATION 4014 GUNN HIGHWAY, SUITE 250 TAMPA, FL 33624 BENEFICIARY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FL 33942 FOR USD 453,478.27 (FOUR HLrNDRED FIFTY THREE THOUSA/qD FOUR HUNDRED SEVENTY EIGHT 27/100 U.S. DOLLARS) DATE OF EXPIRATION: DECEMBER 15, 2001 PLACE OF EXPIRATION: COUNTERS OF ISSUING BANK WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. ATL/P600982 IN YOUR FAVOR FOR ACCOUNT OF THE ABOVE-REFERENCED APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON US PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT: BENEFICIARY'S DATED CERTIFICATE PURPORTEDLY SIGNED BY ONE OF ITS OFFICIALS STATING: "PULTE HOME CORPORATION HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS VENTURA, PHASE II OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE YEAR FROM THE EXPIRATION DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS SIXTY (60) DAYS PRIOR TO ANY EXPIRATION DATE WE SEND NOTICE TO YOU BY REGISTERED MAIL THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. ALL DRAFTS MUST REFERENCE THE NUMBER AND ISSUE DATE OF THIS CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500. *****CONTINUED ON NEXT PAGE***** LETTER OF CREDIT N-UMBER ATL/P600982PAGE NO. 1 All correspondence and communication should be directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta, Georgia 30303 Telex: 542210 910225 (7/96) MAY 5 WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENT SPECIFIED ABOVE TO SUNTRUST BANK, 25 PARK PLACE, 16TH FLOOR, LETTER OF CREDIT DEPT. 3706, ATLANTA, GEORGIA 30303 ON OR BEFORE DECEMBER 15, 2001 OR ANY AUTOMATICALLY EXTENDED DATE. SINCERELY, SUNTRUST BANK ORIZ~D S ~GN~-- PAGE All correspondence and communication should be directed to our agent SunTrust International Services, Inc., 25 Park Place, Atlanta. Georgia 30303 Telex: 542210 910225 (7/96) Item #16A6 May 11, 1999 RESOLUTION 99-225, PURSUANT TO SECTION 1-19, COLLIER COUNTY ORDINANCE 96-6, AS AMENDED, APPROVING THE TRANSFER OF THE GOLDEN GATE WATER AND WASTEWATER UTILITY FACILITIES AND CONTROL OF SAID FACILITIES FROM FLORIDA CITIES WATER COMPANY TO THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY Page 158 RESOLUTION NO. A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1-19, COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, APPROVING THE TRANSFER OF THE GOLDEN GATE WATER AND WASTEWATER UTILITY FACILITIES AND CONTROL OF SAID FACILITIES FROM FLORIDA CITIES WATER COMPANY TO THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY, WITH NO CHANGE IN SERVICE AREA BOUNDARIES OR SERVICE RATES, AS RECOMMENDED BY THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY. WHEREAS, Ordinance No. 96-6, as amended, established the Collier County Water and Wastewater Authority (AUTHORITY) and specific powers and duties; and WHEREAS, on August 13, 1996, the Board of County Commissioners (BOARD) granted Florida Cities Water Company water and wastewater certificates for the continued provision of water and wastewater treatment service to the Golden Gate City area; and WHEREAS, on March 9, 1999, the BOARD adopted Resolution Nos. 99-169 and CWS-99-1, executing an Interlocal Agreement with the Florida Governmental Utility Authority (GUA), enabling the GUA to purchase the Florida Cities Water Company's Golden Gate Utility System, while preserving certain County options for future acquisition of said system, and providing for County to have administrative oversight regarding future rate increases, wherein the GUA agreed to remit regulatory assessment fees to County; and WHEREAS, Ordinance No. 96-6, as amended, provides a process for utilities under local jurisdiction to file an application for transfer of water and/or wastewater certificate, facilities, or control; and WHEREAS, on April 15, 1999, Florida Cities Water Company (TRANSFEROR) filed an application for transfer of its Golden Gate Utility System to the GUA (TRAlqSFEREE); and WHEREAS, on April 26, 1999, the AUTHORITY considered said application during its regularly scheduled meeting for the purposes of receiving evidence and testimony regarding the application for transfer submitted by TRAIqSFEROR; and WHEREAS, the AUTHORITY established findings of fact and conclusions of law pursuant to Ordinance No. 96-6, as amended, in formulating its recommendation to the BOARD; and MAY i i 199.q WHEREAS, the AUTHORITY issued its Preliminary Order No. 99-01, incorporated herein as Attachment "A", recommending that the BOARD approve the transfer of the Golden Gate Utility System from TRANSFEROR, Florida Cities Water Company to T1LANSFEREE, GUA, with no change to the current water and wastewater service areas or rate tariffs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. The AUTHORITY'S Preliminary Order No. 99-01, including the findings of fact and conclusions of law, is hereby approved and adopted by the Board of Coun~ Commissioners. 2. Pursuant to Section 1-19, Ordinance No. 96-6, as amended, the Golden Gate Utility System is hereby transferred to the Florida Governmental Utility Authority for the continued provision of water and wastewater service for the service areas cited at Attachment "A". 3. This action authorizes no change in the water and wastewater rate tariff on file with the Collier County Water and Wastewater Authority. 4. The "declaration of exemption" portion of the application is hereby limited to the terms of the Interlocal Agreement cited by Resolution Nos. 99-169 and CWS-99-1, adopted by the Board of County Commissioners on March 9, 1999. This Resolution adopted this //~g, day of '~, a~,1999 after motion, second and majority vote favoring same. .,'ATTEST! '~ .? · DWIGHT E. I~ROCK BOARD OF COUNTY COMMISSIONERS · ,, : ',.,,.'; ~' COLLIER COUNTY, FLORIDA '7~ Depu~ Cle& "~ Attest as to Chat Approved ~ to fo~ ~d legal sufficiency: Assist~t Co~ Attorney May 11, 1999 Item #16A7 - Deleted Item #16A8 BUDGET AMENDMENT FOR THE SHELLABARGER PARK INFRASTRUCTURE IMPROVEMENT PROJECT Item #16A9 FINAL PLAT OF "L'ERMITA~E II AT GREY OAKS" - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 159 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~ ~-t~: day of ,(~_I2F~ .,., 1999, between Grey Oaks Development Corporation, hereinafcer referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinaf~er referred to as "The Board". RECITALS: A... Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: L'Ermitage II at Grey Oaks. B. 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, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinai~er set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitary sewer and street lighting improvements for L'Ermitage II at Grey Oaks within twenty-four (24) months from the date of approval of said subdivision plat, said improvement 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 hereof) in the amount of $ ~ 3t~ b~/. ~ r-~ which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred 2/16/99-534~)4 Vet: 01 !-NHOFFMAN N0120-015-O07-ESBM-22~47 Construction and Maintenanc~ Agreement Page 2 L'Ermitage II at Grey Oaks percent (100%) of the estimated 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. 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 its preliminary approval of the improvements; or b) notify the Developer in writing of its refusal to approve 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 Development 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 aRer 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 to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining ten percent (10%) of the 2/16/99-53494 Vet: 01!-NItOFFMAN NO 120-015-O07*ESBM-22M7 Construction and Maintenance Agreement Page 3 L'Ermitage II at Grey Oaks subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of. the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the 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 or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 2/16/99-53494 V~r: 0H-NHOFFMAN NO 1104) 15-00'1-1~BM-22847 Construction and Maintenance Agreement Page 4 L'Ermitage I1 at Grey Oaks 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this .t J ~day of: I~fl~ ', 1999. DEVELOPER: /~/ Signed, Sealed and Delivered ~y Oaks D~ ' : . ~ rporat i the prese.ce of: Signature 'GAIHERINE ROBlI~l,l~ ~" Printed Thomas W. Sansbury /,/ Printed or typed name ' ....President Signature Title LEAAN['4KORN Pr.,'mfed 7EIWI, GHT CI~.. GL RK. ~'?: OF COLLIER COUNTY, FLORIDA J~d C. ~r~'[gei, Esquire ~Collier County Attorney 2/16/99-53494 Vef: 01 f-NHOFFMAN NO 1204) I 54)07 -ESBM-22847 Bond ~128000188 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that Grey Oaks Development Corporation, a Florida corporation, located at 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34105, (hereinafier referred to as "Owner") and Amwest Surety Insurance Company (hereinafier referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafier referred to as "County") in the total aggregate sum of $Fifty three Thousand one hundred thirty eight dollars and fifty seven cents ($53,138.57) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the board a certain subdivision plat named L'Ermitage ll at Grey Oaks Subdivision, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereina~er~'Land Development Regulations'). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereina~er the "GuaranW Period"). NOW, THEREFOREa if the Owner shall well, truly and faithfully 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 fully 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, otherwise to remain in full force and effect. PROVIDE, 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 waive 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 the 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. Page i of 2 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this \~Cr~' dayof fq,4?.~,,"~,~ ,1999. . ~ry~y Qaks eve nt Corp. Wimess Amwest sureW 1 ..... -~ ~ka~e;A?Kell~r ' Title: k~omey in Fact STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this .-~ ~ ~ ~da of , y /'~:/;4~-/( 1999 by Thomas W. Sansbury as, President of Grey Oaks Development Corp. a Florida corporation, on the behalf of the corporation. He is personally known to me and did.,not take an oath. ~. "'~?'~:~ MY COMMISSION I CC 78~7~ ~ Public ....... ~ _ "c ..... My commission expires: / ~ ' D~ - ~ oo L STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 281h day of April, 1999 by Karen A. Keller, Attorney in Fact for Arewest Surety Insurance Company a Nebraska Corporation, on behalf of the corporation. She is personally known to me and did not take an oath. Printed Name: My commission expires: MITZI T ~f_,.OTT Page 2 of 2 LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date: 1 l/l 1/00 POWER NUMBER 0000947938 This document is printed on white paper containing the artificial watermarked logo ( ~ ) of Arewest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney CPOA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fi'audulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Arewest branch office at (813) 287-1~76 KNOW ALL BY THESE PRESENT, that Arewest Surety Insurance Company, a Nebraska corporation, does hereby n~ke, constitute and appoint: Karen A. Kdler Ron Kasarda Mark Benson Piper Kelly Hunt Paulit A. Murdock As Employees of Sedgwick of Florida, Inc. its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto ira seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $500,000.00 Contract Bonds up to $1,000,000.00 License and Permit Bonds up to $100,000.00 Miscellaneous Bonds Up To $100,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Arewest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Arewest Surety Insurance Company set forlh on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now in full force and effect. / Karen G. Cohen, Secretary * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Arewest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents ~vith authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (ira seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any auffiorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Arewest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25m day of September, 1998. John E. ~ ~. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisthctory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged m me all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hidhe/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d ffi I s 'g..e..;>'.. · 1995 %'-~q~ .............R...~........~] I 5230 LeS Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 "";,~,,, ~r Bond ~128000188 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, that Grey Oaks Development Corporation, a Florida corporation, located at 2640 Golden Gate Parkway, Suite 115, Naples, Florida 34105, (hereinafter referred to as "Owner") and Amwest Surety Insurance Company (hereinafier referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinal~er referred to as "County") in the total aggregate sum of $Fifty three Thousand one hundred thirty eight dollars and ~fi~/seven cents ($53,138.57) 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 OBLIGATION is such that whereas, the Owner has submitted for approval by the board a certain subdivision plat named L'Ermitage I! at Grey Oaks Subdivision, and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinai~er "Land Development Regulations'). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). NOW, THEREFOREa if the Owner shall well, truly and faithfully 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 fully 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, otherwise to remain in full force and effect. PROVIDE, 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 waive 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 the 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. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this ,,~6'~c~' dayof 't~/9/t,~'~.( ,1999. ry~y O s eve nt Corp. Wi;ess LP...Pt AN~ KOF{N rinte~Name: Thomas W. S 'ury, Title: President l~mWest Surety Ins ' e any- ...... ,. Witness Title: Mtorney in Fact Wimess STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this _j_Q 'ft"day of/'~/9~.~ , 1999 by Thomas W. Sansbury as, President of Grey Oaks Development Corp. a Florida corporation, on the behalf of the corporation. He is personally known to me and did not take an oath. ~:- ..~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 28th day of April, 1999 by Karen A. Keller, Attorney in Fact for Amwest Surety Insurance Company a Nebraska Corporation, on behalf of the corporation. She is personally known to me and did not take an oath. PNrinted Name: iqq ;~i 'T'. SCJST'[ My commission expires: ..~V*? PF~,~: MITZl T .~30TT ~ ~ ~ My ~ CC,477o91 Page 2 of 2 ,,~.f~r:t.~-~r~ Expk. esAug. t9.1999 Bonded by ANB LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date: 11/11/00 POWERNUMBER 0000947938 This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (81.3) 28%1_I;76 KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Karen A. Keller Ron Kasarda Mark Benson Piper Kelly Hunt Paula A. Murdock As Employees of Sedgwick of Florida, inc. its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bonds up to $500,000.00 Contract Bonds up to $1,000,000.00 License and Permit Bonds up to $100,000.00 Miscellaneous Bonds Up To $100,000.00 and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws ofeadh company, are now in full force and effect. * * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * * This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25th day of September, 1998. John E. Savage, Presidefit Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the insl~-ument. .... '.'~ \N 8 t,;?",,, .-"..'x ...... i;"iS"..-.:~:~ ,,,-_q,.....;,,, %'-.... ~ r.,'3 i DEC. 14, ~?.'~ 1995 ........ WITNESS my~ and official seal. (Seal) 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 Item #16B1 May 11, 1999 CHANGE ORDER RELATED TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT 8-MGD EXPANSION, BID 97-2690R, PROJECT 70859/70828 - WITH MILMER CONSTRUCTION, INC. IN THE AMOUNT OF $353,437.15 Page 160 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 May 11, 1999 Item #16B2 TERMINATION OF THE CONTRACT WITH J & J BAKER ENTERPRISES, BID NO. 98- 2878 FOR EMERGENCY AND SCHEDULED SEWAGE HAULING - STAFF AUTHORIZED TO REBID Item #16B3 ACCEPTANCE OF ONE DRAINAGE AND MAINTENANCE EASEMENT GRANTED BY ROOKERY BAY SERVICES, LTD.i TWO TEMPORARY CONSTRUCTION ACCESS AND DRAINAGE EASEMENTS GRANTED BY DY ASSOCIATES JOINT VENTURE AND ANY AND ALL ADDITIONAL EASEMENTS REQUIRED TO PROVIDE FOR FLOODING RELIEF AND DRAINAGE OUTLETS FOR THOSE PROPERTIES NORTH OF U.S. Page 161 HAY l! Iggg DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Item #16B4 May 11, 1999 RESOLUTION 99-226, APPROVING A MEMORANDUM OF AGREEMENT AMONG THE COUNTIES, MUNICIPALITIES, AND OTHER COASTAL GOVERNMENTS OF COLLIER, LEE, CHARLOTTE, SARASOTA AND MANATEE COUNTIES REGARDING COASTAL BEACH AND INLET MANAGEMENT Page 162 RESOLUTION NO. 99-__ 226 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING A MEMORANDUM OF AGREEMENT AMONG THE COUNTIES, MUNICIPALITIES, AND OTHER COASTAL GOVERNMENTS OF COLLIER, LEE, CHARLOTTE, SARASOTA AND MANATEE COUNTIES REGARDING COASTAL BEACH AND INLET MANAGEMENT. WHEREAS, the five counties south of Tampa Bay, Manatee, Sarasota, Charlotte, Lee, and Collier, are a recognized geographical unit with common coastal erosion and inlet management problems; and WHEREAS, these counties and communities have evidenced active interest in solving their coastal erosion and inlet management problems and have cooperated informally and formally to those ends; and WHEREAS, Chapter 98-311 Laws of Florida, the 1998 Beach Management Act, requires the Department of Environmental Protection to develop regional beach management plans and to provide encouragement, requirements, and funding for coordination and cooperation on a regional level; and WHEREAS, it is in the best interests of the County to coordinate its beach and inlet management projects at a regional level in order to ensure cost-effective use of financial resources. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. The Chairwoman of the Board of County Commissioners is authorized to sign the Memorandum of Agreement among the counties, municipalities, and other coastal governments of Collier, Lee, Charlotte, Sarasota and Manatee Counties regarding coastal beach and inlet management. Section 2. This Resolution shall take effect immediately upon adoption. This Resolution adopted this //~ day of ~,/o~ , 1999, after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS OF ~~ B Y :(/p [me~a S'. M'ac, Kie, ~ h-a~=a= ~,,,:...., . .,,.6-/ ~... ¢' ,,. . ',..:~*: Dwight E. B(ock~ Clerk ~",. ;'." Depqty,-Clerk as to Approvea as to iorm ana legal sufficiengy: /~ ^ l~Ieidi ~". Ashton Assistant County Attorney MEMORANDUM OF AGREEMENT among the counties, municipalities, and other coastal governments of Collier, Lee, Charlotte, Sarasota, and Manatee regarding COASTAL BEACH and INLET MANAGEMENT THIS MEMORANDUM OF AGREEMENT is made and entered into this ~ day of ~c~.x~ , 1999, by, and between, the coastal governments located in th~e a~ove named counties, as political subdivisions of the State of Florida, acting by and through their various Boards, Councils, and Commissions, the governing bodies thereof; the Southwest Florida Regional Planning Council (SWFRPC); and the West Coast Inland Navigational District (WCIND); together comprising a Regional Coastal Advisory Convocation, hereinafter referred to as the "Convocation". WITNESSETH: WHEREAS, Coastal beaches and inlets proximate to the Gulf of Mexico, are a valuable, natural resource. WHEREAS, Coastal beaches and inlets are an important component of our local economy. WHEREAS, Coastal beaches and inlets are a principal tourist attraction of regional significance. WHEREAS, Coastal beaches provide storm protection to a multitude of public, private, and commercial infrastructures. WHEREAS, The coastal governments within Collier, Lee, Charlotte, Sarasota, and Manatee geographically define the Southwest Florida Coastal Community. WHEREAS, the counties located within this coastal community have acknowledged the importance of their coastal beaches and inlets by establishing various advisory committees, councils, commissions, and/or task forces to develop and implement coastal beach and inlet management plans appropriate for their communities. WHEREAS, the Florida Legislature, through the Department of Environmental Protection (DEP), has dedicated funding that fosters regional coordination of all coastal projects, and encourages regional approaches to ensure geographic coordination and sequencing of prioritized projects. WHEREAS, the DEP is authorized to implement regional components of the beach management plan, including entering into agreements with coastal and waterway governments and authorities to cost share and coordinate such activities. WHEREAS, the Convocation recognizes and encourages local coastal advisory councils as being instrumental in bringing formal recommendations to thc Convocation. NOW THEREFORE, in accordance with the purposes of this Memorandum of Agreement, the "Convocation" agrees to work together in implementing a regional approach to coastal beach management through acceptance and implementation of thc following provisions, goals, and objectives. SECTION ONE 1. The Convocation recognizes its member Cities and Counties as one coastal region. 2. Thc Convocation shall pursue a regional approach to minimizing costs by coordinating and initiating joint projects. The Convocation encourages an equitable approach to sharing sand sources, and to this end, has as a goal evaluation of where sand nourishment is most needed, and pursuing funding for such areas. 4. The Convocation encourages the pursuit of an assessment of the regional scope of sand sources available for renourishment and restoration. The Convocation encourages a process through which all members can share information and review new and updated technology. The Convocation encourages members~to collectively agree to select an individual spokespcrson to represent actions an.d initiatives of the Convocation to the federal and state agencies, to act as the lead person in organizing Convocation activities, and to promote to the federal and state agencies partnering opportunities. The Convocation agrees to the SWFRPC to function as the central receiving agency and records custodian, and to act as the disseminator of information to its members. SECTION TWO This agreement shall become effective upon adoption of a resolution, ordinance, or other suitable means of approval by each participating coastal government within the Southwest Florida Coastal Community, specifically adopting the provisions, goals, and objectives of the Convocation. Each individual coastal governmental approval shall serve as an authorization to participatc in this Mcmorandum of Agrccmcnt, and the MOA shall be rcvised to add thc name of each participating coast~] community accordingly. 3. This agreement may be terminated by any party by providing 60 days written notice to the Convocation. IN WITNESS WHEREOF, this Memorandum of Agreement has been acknowledged and approved by the following coastal governments: ..~': ' ATTEST: · :. Dwight E. Brocks, C/le.rk. By: ' ~Z,~'e ~f'~cput~ Cler( st~atur'e '~ly. . ~pprovcd as ~o ~ozm legal sufficiency Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,/f By' ~ 3 May 11, 1999 Item #16C1 EXTENSION OF AN AGREEMENT WITH THE SOUTHEASTERN LIBRARY NETWORK (SOLINET) AND PERMISSION FOR CHAIRMAN TO SIGN AGREEMENT Page 163 SOIlNETl' A NETW'ORK OF KNOWLEDGE" CONTRACT ExTENSIoN MEMORANDUM TO: Director, Collier County Public Library (FNO) FROM: Catherine Nevins, Executive Director DATE: May 15, 1999 SUBJECT: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) expires May 5, 1999. The present agreement will be extended until such time as a new base contract is negotiated between SOLINET and OCLC. Please reaffirm all of the provisions of the existing agreement by signing both copies in the space below and returning one copy to Rhonda Pollard at the SOLINET office. Please contact her if you have questions regarding the contract or this extension. EXTENSION AGREEMENT In consideration of the mutual undertakings contained therein, SOLINET and the undersigned institution hereby agree to extend the Bibliographic Products and Services Agreement existing between them until May 5, 2000, or the date of execution of a new Bibliographic Products and Services Agreement between them, whichever date is earlier. Except for the date of termination of such agreement, SOLINET and institution hereby reaffirm and ratify all terms and provisions of such agreement. BOARD OF COUNTY COMMISSIONERS / OF LIER COUNTY, FLORI A SOLINET ATTEST: Dwight E- Brock, Clerk ',,~t./,: ~~ ~ .~1~.~ TITLE: Executive Director ApplSoved as to ~Fes~n~Sl~Sa~hatrlaa,IDATE: April 15, 1999 sufficiency: Thoma~ C. Palmet ......... 1.800.999.8558 ,A, d04.892.7879 ~,~, www.solinet.n~ A,~sistant Countv AttorneS, EXTENSION AND AMENDMENT OF AGREEMENT FOR BIBLIOGRAPHIC PRODUCTS AND SERVICES This extension and amendment of Agreement entered into this ~day of~~~, 1991 by and between Southeastern Library Network, Inc., hereinafter referred to as "SOLINET," and the Collier County Board of County Commissioners, hereinafter referred to as "MEMBER." W I T N E S S E T H: WHEREAS, SOLINET and MEMBER have previously entered an agreement dated April 29, 1986 for the provision of bibliog~a~h~c products and services by SOLINET to the.Collier County Board of County Commissioners and the Collier County Public Library; and WHEREAS, said Agreement specified that it would continue for a term of ~hree (3) years; and WHEREAS, SOLINET and MSMBER have continued to be bound by said Agreement although no extension of Agreement has previously been executed by the parties; and WHEREAS, SOLI~;ET and MEMBER desire to continue to be bound by the April 29, !986 Agreement, as amended, until a new agreement is negotiated betYeen the parties; and W~EREAS, i~ is beneficial to MEMBER and the ~ublic interest as well as to SOLi~iET for the Agreement of April 29, 1986 to be extended for a fixed ~erm; and Page 1 of 3 WHERF~.S, it is necessary to amend the Agreement of April 29, 1986 to provide for said extension of this Agreement to be governed by Florida, not Georgia, law. NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, 1986 and those further stated herein, the said Agreement of April 29, 1986 is hereby extended and amended as follows: 1. The Bibliographic Products and Services Agreement dated April 29, 1986 is hereby extended until May 5, 199Z. 2. Amendment of Section 17. Section 17 of the Agreement is hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject to and construed according to the laws of the State of Florida." Except as expressly provided herein, said Agreement of April 29, 1986 remains in full force and effect according to the terms and conditions contained therein. The said terms and conditions are applicable hereto except as expressly provided otherwise herein. Page 2 of 3 1999 IN WITNESS WHEREOF, the undersigned, being the duly authorized representatives of the parties hereto, have executed this extension and amendment of Agreement, under seal, as of the date first above written. SOUTHEASTERN LIBRARY NETWORK, INC. a/k/a SOLINET Witness Frank P. Grish~m U Executive Director Witnes~ AT..~EST:. ,. BOARD OF COUNTY COMMISSIONERS James C.' G'iles, Clerk COLLIER COUNTY, FLORIDA -.:. Apprd~ad' as to form and legal sufficiency: Assistant County Attorney rm/kk~/3760 Page 3 of 3 May 11, 1999 Item #16D1 LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA ROCK AND SAND COMPANY, INC. FOR USE OF THE FORMER MARCO ISLAND TOLL BOOTH BUILDING Page 164 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this/[7t~ day of 15'~9007W , 1999, between Florida Rock and Sand Company, Inc., whose mailing address is 408th Street, Florida City, Florida 33034, hereinafter 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, hereinafter 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 the property described as Lot 7, Section 4, Township 52. Range 26, hereina~er referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of storing construction materials and use of the existing building as a construction office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of Three (3) years, commencing on the date in which this Agreement is executed by the LESSOR. If LESSEE'S project is not completed within the Lease term, LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same on a month-to-month basis for a term no longer than one (1) year, 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. 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. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 13 of this Lease. 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. ARTICLE 3. Rent In lieu of rent, prior to the termination or expiration of this Lease, LESSEE shall demolish the existing building located at the Demised Premises to floor slab and dispose of all demolition debris. LESSEE is not responsible for removal of underground utilities, hazardous material and/or the removal or demolition of asbestos abatement. ARTICLE 4. Other Expenses and Charges LESSOR shall not provide for any repair, maintenance or improvements in, on or around the Demised Premises. LESSEE acknowledges that the restroom within the Demised Premises is inoperable due to an obsolete sewage system and LESSEE further agrees that the LESSEE will utilize a portable restroom at LESSEE'S sole cost and expense for the term of this Lease. LESSEE shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and all utility charges. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication services used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR elects to supply any services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. 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 connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all govemmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, 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 LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. 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. Indemnity_ LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than One Million Dollars and No/Cents ($1,000,000.00) combined single limits 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. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. 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 (10) 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. Default by LESSEE 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 fumished 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, 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. · ,~ ' ~h¥ ~ ~ ~]~]g 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 Rock and Sand Company, Inc. e/o Real Property Mgmt. Dept. 15900 SW 408~ Street 3301 Tamiami Trail East Florida City, Florida 33034 Administration Building Naples, Florida 34112 Attention: Vice President of Construction ce: Office of the County Attorney Facilities Management Department Director ARTICLE 14. 8urrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination 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. LESSEE shall demolish the existing building located at the Demised Premises to floor slab and dispose of all demolition debris. LESSEE is not responsible for removal of underground utilities, hazardous material and/or the removal or demolition of asbestos abatement. ARTICLE 15. Qeneral Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (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 attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 17. Padon 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 Department. ARTICLE 18. ~ 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. ARTICLE 19. E, fflg, iiXlj~l~ This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20..Qll.Ym:nhlg~l~ 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: ~O~.,..//, ] YPY BOARD OF COUNTY COMMISSIONERS ':~',d,/~',//~f/~lt~' ¢b[putyClerk //~amg'fa A. cKle, Chaa. , .... maria'' Attest/$. to Chatrsan's $t~ature Onl$. AS TO LESSEE: FLORIDA ROCK AND SAND COMPANY, INC. (print name) ~GGIE FOX ~fint name) Approved as to form and H~idi F. Ashton Assistant County Attorney 5 May 11, 1999 Item #16D2 - Deleted Item #16D3 - Deleted Item #16D4 MODIFICATIONS TO THE 800 MHZ RADIO SYSTEM AND PURCHASE CONTRACT WITH ERICSSON, INC. TO ACHIEVE YEAR 2000 READINESS Page 165 HAY ~ ~ 1999~ PURCHASE CONTRACT THIS PURCHASE CONTRACT ("Contract") is made and entered into this 11 day of May __ 1999 ("Effective Date"), by and between (hereinafter referred to as the "Buyer") and ERICSSON INC., a Delaware corporation (hereinafter referred to as "Seller"). RECITALS: R-1. Buyer previously purchased certain radio communications systems products that were either manufactured by the Private Radio Systems Division CPRS") of Seller, or were branded for PRS and use PRS application software (collectively defined herein, exclusive of the Vendor Products and Excluded Products defined below, the "PRS Manufactured Products"). Together with the PRS Manufactured Products, Buyer may also be using components forming a communications system (the "Buyer's System"). R-2. Buyer has either: (i) prepared, or (ii) previously reviewed and approved the preparation and delivery of an audit form with an inventory of the PRS Manufactured Products and other products and components that Buyer is using. A copy of the inventory audit form is attached hereto this Contract as Exhibit A and incorporated herein by reference (the "Audit Form"). R-3. Seller has reviewed the information on the Audit Form and has classified the products shown on the Audit Form into one or more of the following five categories: Category 1 - PRS Manufactured Products currently listed in the 1998 PRS Products and Services Catalog issued 5/1/98 (the "Current PRS Manufactured Products"). Category 2 - Third party vendor products also currently listed in the 1998 PRS Products and Services Catalog (the "Current Vendor Products"). Category 3 - PRS Manufactured Products that are no longer listed in the 1998 PRS Products and Services Catalog (the "Non-Current PRS Manufactured Products"). Category 4 - Third party vendor products that were previously but are no h:.nger I,~ted in the PRS Products and Services Catalog (the "Non-Current Vendor Products"). G:/LegaL/Contract/Y2K Contract.domestic final version.doc 1 9/24/98 9:25 a.m. NAY ~ 1 lg9~ Category 5 - Third party products that do not fall in any of the four Categories listed above including, but not limited to, components and services linking the Buyer's System to other products or systems (the "Excluded Products"). For purposes of this Contract, the Current PRS Manufactured Products (Category 1 ) and the Non-Current PRS Manufactured Products (Category 3) shall be hereinafter collectively defined as the "PRS Manufactured Products". For purposes of this Contract, the Current Vendor Products (Category 2) and the Non-Current Vendor Products (Category 4) shall be hereinafter collectively defined as the "Vendor Products"). R-4. Seller has delivered to Buyer a proposal dated Jan 31, 1999 and with MBP #XXXXX (the "Seller Proposal") in which' Seller offered to replace certain PRS Manufactured Products with Current PRS Manufactured Products (the "PRS Replacement Products") and, if indicated on the Audit Form, to replace certain Vendor Products with new Vendor Products (the "Vendor Replacement Products"). A copy of Sellers Proposal is attached hereto this Contract as Exhibit B and incorporated herein by reference. The PRS Replacement Products and the Vendor Replacement Products (if any) shall hereinafter collectively be referred to as the "Products".) R-5. Seller is prepared to offer its Year 2000 Readiness warranty (as defined herein) for the PRS Replacement Products and those PRS Manufactured Products (in Categories I and 3) in Buyer's System that are not replaced by Seller. With respect to the Vendor Products and Excluded Products, Seller gives no Year 2000 Readiness Warranty but Seller will pass through the Year 2000 Readiness warranty, if any, that it receives from the other vendors. R-6. Buyer has accepted Seller's Proposal, based upon this Contract with Seller, to provide Buyer with the PRS Replacement Products, the Vendor Replacement Products (if applicable), and other services as set forth in Seller's Proposal. R-7. Buyer and Seller desire to enter into this Contract to set forth in writing their respective rights, duties and obligations with respect to the PRS Manufactured Products and other Buyer's System components sold by Seller whether under this Contract or previously. Because Buyer's System may be at risk with respect to certain Year 2000 Readiness issues due to certain third party products, such as the Vendor Products and Excluded Products, this Contract also provides certain protections for Seller with respect to such third party risks. G:/Legal/Contract/Y2K Contract.domestic final version.doc 2 9/24/98 9:25 a.m. NOW, THEREFORE, WITNESSETH that for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties that the Recitals are incorporated herein by reference and that the following terms and conditions shall apply: 1. Purchase and Sale Seller agrees to sell and Buyer agrees to purchase the following items (if included and if applicable in accordance with the terms of Seller's Proposal): A. The PRS Replacement Products in the quantities and at the prices identified in Seller's Proposal; B. The Vendor Replacement Products in the quantities and at the prices identified in Seller's Proposal; C. The installation services in the quantities and at the prices identified in Seller's Proposal; D. The software services in the quantities and at the prices identified in Seiler's Proposal and subject to the terms and conditions of the EDACS FX Agreement attached hereto as Exhibit C and incorporated herein by reference (the "EDACS FX Agreement"). If applicable, the EDACS FX Agreement shall be executed by Buyer and Seller simultaneously with the execution of this Contract. E. The training courses, if any, shall be provided by Seller in the 'quantities, at the locations and for the prices set forth in Seller's Proposal. Seller agrees to provide the Products and deliver the services to Buyer in accordance with the installation schedule to be mutually agreed upon and attached hereto as Exhibit D and incorporated herein by reference (the "Schedule"). 2. Buyer's Obligations: A. The Buyer's obligations set forth in this Contract shall b~ performed by Buyer in a timely and complete manner in accordance with the Schedule, or as otherwise mutually agreed upon by Buyer and Seller in writing, to allow Seller to timely perform its obligations under this Contract. In addition to any other obligations specifically identified in Seller's Proposal and this Contact and in Exhibit F, Supplemental Responsibilities, attached hereto and incorporated herein by reference, Buyer shall have the following obligations: G:/Legal/Contract/Y2K Contract.domestic final version.doc 3 9/24/98 9:25 a. rn. 1. Buyer shall designate a project manager CBuyer's Project Manager") to act as Buyer's primary interface with Seller. If Buyer's Project Manager is not a technically qualified member of Buyer's Year 2000 Task Force, Buyer shall also make available to Seller a technically qualified member of that Buyers Year 2000 Task Force or Buyer's Year 2000 consultant, which technically qualified person shall be called "Buyer's Y2K Expert"; 2. Buyer shall provide ready access to all sites and facilities owned, leased or otherwise controlled by Buyer CBuyer's Facilities"); 3. Buyer's Project Manager shall participate with 'Seller in the preparation of the project planning and the Schedule. Buyer's Y2K Expert shall devise for Buyer (and assure Seller that Buyer has) a sufficient solution to the Year 2000 Readiness issues as to all Vendor Products, Excluded Products and interactive systems linked to Buyer's System. Buyer's Y2K Expert shall also be available to receive on behalf of Buyer any wamings as Seller may (but shall not be obligated to) provide about Vendor Products and Excluded Products or other Year 2000 Readiness concerns, and Buyer shall then work with Buyer's Y2K Expert to address those warnings or concerns, so that Seller's Products can function as contemplated without impairment by Vendor Products, Excluded Products or interactive systems linked to Buyer's System or other factors outside Seller's scope of work in this Contract; 4. Buyer shall provide, at Buyer's expense, all modifications to Buyer's Facilities, if any, specifically set forth in Sellers Proposal, including, but not limited to, electrical system changes, UPS installation, HVAC changes, console furniture changes, etc. All such modifications shall be provided by Buyer in a good and workmanlike manner and in accordance with the dates set forth in the schedule; 5. Buyer shall also be solely responsible for the Year 2000 Readiness of all Excluded Products and other interactive systems linked to Buyer's System; 6. Buyer shall provide, at Buyer's expense, electricity. for Seller to use to install applicable Products; G;/Lcgal/Contract/Y2K Contract.domestic final version.doc 4 9/24/98 9:25 n.m. 7. Buyer shall obtain, at Buyer's expense, all permits and licenses from any federal, state or local government authority to perform work at Buyer's Facilities, together with any modifications required to Buyer's Federal Communications Commission (FCC) licenses, if any, necessary for the operation of any Products purchased under this Contract; and 8. If not purchased from Seller, Buyer shall provide to its users Product training. Buyer's Y2K Expert shall also explain to Buyer's personnel who have a need to know about the relevant Year 2000 Readiness issues, including any concerns identified by Seller, such as the risk that even though Seller's Products function as expected Buyer's System may not function effectively if Vendor Products or Excluded Products or other interactive systems linked to Buyer's System are not Year 2000 Ready. 9. Buyer represents and warrants that Buyer and Buyer's Y2K Expert have read and reviewed the information contained in the Audit Form and that the information contained in the Audit Form is accurate and complete and Buyer knows of no other product or equipment that should be listed on the Audit Form. 10. Buyer represents and warrants that it has consulted with Buyer's Y2K Expert or other qualified advisors about the risks to the functioning of Buyer's System if Vendor Products or Excluded Products or other interactive systems linked to Buyer's System are not Year 2000 Ready. 3. Seller's Obligations A. Subject to Buyer performing its reciprocal obligations in a timely and workmanlike fashion, Seller's obligations set forth in this Contract shall be performed by Seller in a timely and workmanlike fashion in accordance with the Schedule, or as otherwise mutually agreed upon by Buyer and Seller in writing. B. In addition to the other obligations specifically identified in Seller's Proposal and this Contract and in Exhibit F, Supplemental Responsibilities, attached hereto and incorporated herein by reference, Seller shall have the following obligations: 1. Seller shall designate a project manager CSeller's Project Manager") to act as Seller's primary interface with Buyer; G:/Legal/Contract/Y2K Contract.domestic final version.doc 5 9/24/98 9:25 a.m. 2. Seller's Project Manager shall participate with Buyer in the preparation of the project planning and the Schedule; and 3. After installation and functional testing of the Products in accordance with the Functional Test Plan attached hereto as Exhibit E and incorporated herein by reference, Seller shall install the current revision software and "Year 2000 Ready" (as hereinafter defined in Paragraph 11 ) revision software for the PRS Manufactured Products and the PRS Replacement Products. Buyer shall retain exclusive responsibility for assuring that all Vendor Products and Excluded Products and interactive systems linked to Buyer's System are Year 2000 Ready, so that (among other things) Buyer's System shall not fail to function as expected for reasons associated with the Vendor Products or Excluded Products or interactive systems or other causes beyond Seller's control within the scope of this Contract. 4. Delivery, Title and Risk of Loss The Product shipping dates are approximate and are based upon prompt receipt of all necessary information. Delivery will be made F.O.B. point of shipment to Buyer. Shipping and handling charges will be paid by or billed to the Buyer. Title to all Products and risk of loss or damages passes to Buyer upon delivery to the carrier. 5. Taxes In addition to any price specified herein, Buyer shall pay the gross of any present or future sales, use, excise, value-added, or other similar tax applicable to the price, sale or any Products or services furnished hereunder or to their use by Seller or Buyer, or Buyer shall otherwise furnish Seller with tax exemption certificates acceptable to all applicable taxing authorities. 6. Terms of Payment, Late Charges Ten percent (10%) of the price of all Products and services set forth in Seller's Proposal shall be paid by Buyer within thirty (30) days after the Effective Date of this Contract. A. The remaining Ninety Percent (90%) of the price of Products will be billed as Product shipments are made and payment is due 30 days from the date of the invoice. G:/Lcgal/Contract/Y2K Contract.domestic final version.doc 6 9/24/98 9:25 a.m. B. The remaining Ninety (90%) of the price for each installation service associated with the installation of a particular Product will be billed upon completion of the installation and applicable functional testing of the Product and will be due 30 days from the date of invoice. C. One hundred percent ('100%) of the price of the Software Sewices set forth in the EDACS F× Agreement shall be paid by Buyer within thirty (30) days after the Effective Date of this Contract. D. One hundred percent ('100%) of the price of any training courses to be provided by Seller shall be paid by Buyer to Seller not less than thirty (30) days prior to the scheduled date of the training course. E. If manufacture or shipment of Products is delayed by the Buyer, payment of the remainder of the Product price shall become immediately due. Products held for the Buyer shall be at Buyer's risk and expense. F. If invoices are not paid when due, Buyer agrees to pay monthly late charges at the lesser rate of one and one-half percent ('1.5%) or the lawful maximum late charge on the unpaid delinquent balance. G. If Buyer defaults and this Contract is placed with an attorney for collection, enforcement or defense, Buyer agrees to pay all reasonable attorney's fees and other collection charges incurred by Seller to collect any monies owed by Buyer to Seller under this Contract. H. Seller's obligation to continue performance of any and all obligations under this Contract is automatically suspended to the extent that any payment or other performance owed to Seller is not made when due. G:/LcgaL/Contract/Y2K Contract,domestic final version.doc 7 9/24/98 9:25 a.m. 7. Security Title Security title and right of possession without legal process of the Products sold hereunder shall remain with the Seller until all payments hereunder shall have been indefeasibly made in cash and the Buyer agrees, upon request from Seller, to do all acts necessary to perfect and maintain such right and security. In particular, Buyer grants and assigns to Seller a first priority security interest in and to all Products (including all PRS Manufactured Products) as security for all obligations and liabilities of Buyer to Seller in connection with this Contract (and any supplements hereto which may arise at any time in connection with the Buyer's System), and Buyer shall execute and delivery to Seller such UCC financing statements and other documents as may be necessary or requested by Seller to perfect or further secure such collateral. Seller shall have all of the rights and remedies of a secured party under the Uniform Commercial Code as applicable in Virginia. 8. Delays Seller shall not be liable for delays in delivery or performance or for failure to manufacture or deliver or perform due to: (i) causes beyond its reasonable control, or (ii) acts of God, acts of Buyer, acts of civil or military authority, governmental priorities, strikes or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car or other transport shortages, or (iii) inability on account of causes beyond the reasonable control of Seller or its vendors or suppliers to obtain necessary materials, components, services, or facilities including Vendor Replacement Products and other Products; or (iv) the failure of any Excluded Products or Vendor Products or any interactive Systems linked to Buyer's System or other property or systems relied upon by Buyer, to be Year 2000 Ready or for other factors beyond Seller's reasonable control, including the failure of any supporting or related system or function which may adversely affect Buyer's System or Seller's Products. In the event of any such delay, the date of delivery or of performance shall be extended for a period which is equitably sufficient or mutually agreed to place Seller in the same position as performance without such delay; provided, however, that the minimum amount of such extension shall be at least equal to the time lost by reason of the delay. G:FLegal/Contract/Y2K Contract,domestic final version.doc 8 9/24/98 9:25 a,m. 9. Coverage, Interference, Year 2000 and Third Party Facilities. Representations concerning the distance at which usable radio signals will be transmitted and received by the Products supplied hereunder (or as to Year 2000 Readiness) shall not be binding upon the Seller unless explicitly and specifically set forth in writing in Seller's Proposal. Radio signals are subject to degradation of service from natural phenomena and other causes beyond the reasonable control of the Seller such as motor ignition and other electrical noises, and interference from other users assigned to the same or adjacent frequencies. The Seller cannot be responsible for interference or disruption of service caused by operation of other radio equipment or by natural phenomena or by motor ignition or other interference over which there is no reasonable control. Such interference and noise may be minimized by addition (at Buyer's expense) of corrective devices adapted for particular locations and installations. Seller may make recommendations as to the use of such devices; however, total freedom from noise and interference cannot be guaranteed. Similarly, Seller shall not be responsible for defects or nonperformance with respect to any Vendor Products or Excluded Products in Buyer's System or with respect to any other system or components linked or integrated with or into Buyer's System, whether as to their Year 2000 Readiness or otherwise, even though the effect of such defect or nonperformance is that Buyer's System itself (including Se!ler's Products) are thereby disabled from performing as desired by Buyer. In the event Buyer utilizes facilities or services supplied by others, such as common carrier services and shared services, Seller shall have no responsibility for the availability or adequacy of any such facilities or services including because of any Year 2000 Readiness problems experienced by any other party or any of its products or vendors or other suppliers. Buyer acknowledges and agrees that Seller shall not be directly or indirectly liable or responsible if Buyer's System is not Year 2000 Ready in time for Year 2000 (or such earlier date as may be applicable to similar date related software or firmware programming problems), subject to the limited warranty in Paragraph 11. Prompt and timely, complete, and accurate responses by Buyer are essential to both the Audit Form and to Seller's Proposal, and Buyer acknowledges that the availability of necessary components and services may be already declining in anticipation of the Year 2000 and related risks and problems. G:/Legal/Contract/Y2K Contract.domestic final version.doe 9 9/24/98 9:25 a.m. 10. Warranty A. Seller warrants to Buyer that PRS Replacement Products furnished by Seller shall be free from defects in material, workmanship and title, and shall conform to the PRS Replacement Product's published specifications. With respect to any Vendor Replacement Products (and unreplaced Vendor Products), SELLER GIVES NO WARRANTY, SELLING "AS IS," AND ONLY THE WARRANTY, IF ANY, GIVEN BY THE MANUFACTURER OF THE VENDOR REPLACEMENT PRODUCTS SHALL APPLY. Seller shall have no responsibility or liability for or on account of any Excluded Products or unreplaced PRS Manufactured Products or Vendor Products or any other supporting or related services or systems on which Buyer relies, whether consisting of hardware, software, firmware or otherwise, and Seller does not warrant the performance of the Buyer's System as a whole (as distinguished from the components for which Seller is so warranting). B. For purposes of the warranty set forth in Paragraph 10.A above, the nickel-cadmium batteries supplied by Seller shall be deemed defective if: (1) the battery capacity is less than 80% of rated capacity; or (2) the battery develops leakage. Replacement batteries shall be warranted only for the remaining unexpired portion of the one year warranty period. This warranty becomes void if: (1) the battery has been subjected to any kind of misuse, detrimental exposure, or has been involved in an accident, or (2) the battery is used in equipment or service other than the PRS Replacement Product for which it is specified. Seller's obligations set forth in Paragraph 10.D below shall apply only to failures of the PRS Replacement Products to meet the above warranties (except as to title) occurring within the following periods of time from date of delivery to the Buyer, and are conditioned on Buyer's giving written notice to Seller within thirty (30) days of the occurrence of such failure: 1. for fuses, and non-rechargeable batteries,. operable on arrival only; 2. for parts and accessories (except as noted in C.1 above) ninety (90) days; and 3. for all other PRS Replacement Products, one (1) year. G:/Lcgal/Contract/Y2K Contract.domestic final vcrsion.doc l 0 9/24/98 9:25 a.m, D. If any PRS Replacement Product fails to meet the foregoing warranties, Seller shall correct the failure at its option: (i) by repairing any defective or damaged part or parts thereof; or (ii) by making available at Seller's factory any necessary repaired or replacement parts. Any repaired or replacement part furnished hereunder shall be warranted for the remainder of the warranty period of the PRS Replacement Product in which it is installed. Where such failure cannot be corrected by Seller's reasonable efforts, the parties will negotiate an equitable adjustment in price not to exceed the purchase price of the PRS. Replacement Product(s) in question. Labor to perform warranty service will be provided at no charge only for the PRS Replacement Products covered under Paragraph C.3 above and only during the first three (3) months following the date of delivery of the PRS Replacement Product to the Buyer. Thereafter, labor will be charged at prevailing rates. To be eligible for no-charge labor, service must be performed by a service provider authorized by Seller for these purposes, either at its place of business, during normal business hours for mobile or personal equipment, or at the Buyers location, for fixed location equipment. Service on fixed location equipment more than thirty (30) miles from the authorized service provider's place of business will include a charge for transportation. PRS Replacement Products located off-shore are not eligible for no- charge labor. E. Se!ler's obligations under Paragraph 10.D above shall not apply to any PRS Replacement Product, or part thereof, which: (i) has been modified or otherwise altered other than pursuant to Seller's written instructions or written approval; or (ii) is normally consumed in operation; or (iii) has a normal life inherently shorter than the warranty periods specified in Paragraph 10.C above; or (iv) is not properly stored, installed, used, maintained or repaired; or (v) has been subjected to any other kind of misuse or detrimental exposure or has been involved in an accident; or (vi) has been disabled or adversely affected by any Vendor Product or Excluded Product or other cause beyond Seller's control, including any Year 2000 Readiness issues, such as those to be addressed for Buyer by Buyer's Y2K Expert. F. The warranty for any software provided by Seller is set forth in the EDACS FX Agreement. EXCEPT FOR THE TERMS OF THE YEAR 2000 READINESS WARRANTY SET FORTH IN PARAGRAPH 11 BELOW, THE PRECEDING PARAGRAPHS SET FORTH THE EXCLUSIVE G:/Lcgal/ContractYY2K Contract.domestic final vcrsion.doc I 1 9/24/98 9:25 a.m. HAY ~ ~199P BUYER REMEDIES FOR CLAIMS (EXCEPT AS TO TITLE) BASED UPON DEFECTS IN OR NONCONFORMITY OF THE PRS REPLACEMENT PRODUCTS, WHETHER THE CLAIM IS IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND HOWEVER ARISING OR INSTITUTED. UPON THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD, ALL SUCH LIABILITY OF SELLER SHALL TERMINATE. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER EXPRESS WARRANTIES SHALL APPLY, AND ALL OF SUCH EXPRESS AND IMPLIED WARRANTIES ARE HEREBY RELEASED AND WAIVED BY BUYER. IN NO EVENT SHALL SELLER BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY INCIDENTAL, CONSEQUENTAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES. H. NO COMMUNICATIONS OR ACTS BY OR ON BEHALF OF SELLER IN PERFORMING THIS CONTRACT, INCLUDING TRAINING OR INSTALLATION SHALL BE DEEMED TO EXPAND OR INCREASE ANY WARRANTY IN THIS CONTRACT OR TO CREATE ANY NEW WARRANTY OF ANY KIND, WHETHER BASED UPON ANY AFFIRMATION OF FACT OR OPINION, ANY DESCRIPTION OF ANY GOODS OR SERVICES, ANY SAMPLES, MODELS OR DEMONSTRATIONS, OR OTHERWISE, AND ALL COMMUNICATIONS AND DEALING BY OR ON BEHALF OF SELLER SHALL BE DEEMED TO BE QUALIFIED BY AND SUBJECT TO THIS CONTRACT. 11. Year 2000 Readiness Warranty With regard to both the PRS Replacement Products and those PRS Manufactured Products identified in the Audit Form which are not removed and replaced by PRS Replacement Products or otherwise labelled in the Audit Form as Excluded Products (collectively, the "Covered Products"), Seller warrants that the Covered Products by themselves will be "Year 2000 Ready", which shall be described as the ability to correctly process date data as defined in Rules 1 through 4 below (and subject to the terms and conditions of this Contract as to Vendor Products, Excluded Products &rKI, other matters outside Seller's control, such as the failure of third party operating system software platforms, including DOS and PDP based products, to be upgraded to Year 2000 Readiness by those third parties): G:FLegnl/ContrnctlY2K Contrnct.domestic final version.doc ] 2 9/24/98 9:25 a.m, Rule 1: No value for current date will cause any material interruption in the normal and customary operation of the Covered Products by themselves. Rule 2: The date based functionality of the Covered Products by themselves will behave consistently in material respects for dates prior to, during and after the Year 2000. Rule 3: In all Covered Products interfaces and data storages, the century in any date will be specified either explicitly or by unambiguous algorithms or inferencing rules; and Rule 4: The Year 2000 will be recognized by the Covered Product software as a leap year. None of those Rules 1-4 or any other provision of this Contract shall be deemed to warrant or imply that compliance with Rules 1-4 by Covered Products by themselves will enable the Buyer's System itself to function as expected or to be Year 2000 Ready. With respect to the Vendor Products, Seller gives no Year 2000 Readiness warranty, but Seller will pass through the Year 2000 Readiness warranty, if any, that it receives from the other vendors. Buyer acknowledges its exclusive responsibility to assure the Year 2000 Readiness and performance of Buyers System, including Buyer assuring the compliance of Vendor Products and Excluded Products with Rules 1-4. Where third party vendors have not provided Year 2000 Readiness solutions for their products (such as DOS and PDP based operating system software platforms), it shall be Buyer's exclusive responsibility to acquire alternative product solutions, which may require interactive solutions for other components, as, for example, where acquiring upgraded software may require greater capacity hardware to operate such upgraded software. Buyer represents and warrants that it has received and complied with the advice of Buyer's Y2K Expert and other advisors of Buyer (and has not relied on Seller) as to avoiding disruption of performance of Covered Products caused by Vendor Products, Excluded Products or other causes beyond Sellers control. THIS WARRANTY SHALL BE CONDITIONAL UPON: (i) BUYER COMPLYING WITH THE RECOMMENDATIONS OF BUYER'S Y2K EXPERT AND OTHER EXPERTS ADDRESSING THE YEAR 2000 READINESS OF THE VENDOR PRODUCTS, EXCLUDED PRODUCTS AND OTHER SUPPORTING OR INTEGRATED PROPERTY OR SYSTEMS OUTSIDE THE SCOPE OF SELLER'S DEFINED RESPONSIBILITIES; (ii) BUYER IMPLEMENTING RECOMMENDED OR SUGGESTED HARDWARE AND/OR SOFTWARE UPGRADE PACKAGES AND/OR CORRECTIONS SUPPLIED OR RECOMMENDED OR SUGGESTED IN WRITING BY SELLER IN SELLER'S PROPOSAL G:/Legal/Contract/Y2K Contract.domestic final version,doc 13 9/24/98 9:25 a.m. AND OTHER DOCUMENTS AND WHICH UPGRADE PACKAGES AND/OR CORRECTIONS WILL PROVIDE THE FUNCTIONAL ABILITY FOR THE COVERED PRODUCTS TO COMPLY WITH THE FOUR RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH ABOVE: AND (iii) ALL HARDWARE AND SOFTWARE USED WITH THE COVERED PRODUCTS MUST PROPERLY PROCESS DATE DATA TO ALSO COMPLY WITH THE FOUR RULES OF THE YEAR 2000 READINESS DEFINITION SET FORTH ABOVE. THIS YEAR 2000 READINESS WARRANTY SHALL NOT COVER YEAR 2000 ERRORS OR PROBLEMS OF ANY KIND CAUSED BY ANY HARDWARE OR SOFTWARE OF ANY PRODUCTS OTHER THAN THE COVERED PRODUCTS, INCLUDING ANY VENDOR PRODUCTS, OR EXCLUDED PRODUCTS WHICH BUYER ACKNOWLEDGES COULD BE IMPAIRED IN THEIR EXPECTED FUNCTIONS BECAUSE OF VENDOR PRODUCTS, EXCLUDED PRODUCTS OR OTHER FACTORS FOR WHICH SELLER IS NOT RESPONSIBLE (EVEN WHERE THE COVERED PRODUCTS COMPLY WITH THIS WARRANTY). In the event of any breach of this warranty, Seller shall, if notified in writing before the 1st of July 2000, at its option and without undue delay, correct or replace the hardware or software of the affected Covered Products, at no expense to Buyer, by providing Buyer with an updated Covered Product software release or a Covered Product software correction, so that the Covered Products can comply with the four Rules of the Year 2000 Readiness definition set forth above. However, as explained above the Year 2000 Readiness of the Covered Products by themselves may not be Sufficient for the Buyer's System itself to be Year 2000 Ready, because of Vendor Products, Excluded Products or other Buyer or third party property or matters beyond Seller's control or responsibility, and Buyer shall assume full responsibility for the Year 2000 Readiness of Buyer's System (apart from Covered Products) and all consequences of the lack of such Year 2000 Readiness. THIS YEAR 2000 READINESS WARRANTY CONSTITUTES THE ONLY WARRANTY AND OBLIGATION MADE BY SELLER WITH RESPECT TO YEAR 2000 READINESS OR THE ABILITY OF THE COVERED PRODUCTS TO HANDLE CONVERSION TO THE, TWENTY FIRST CENTURY AND OTHER ASPECTS OF WHAT IS BROADLY DESCRIBED AS THE "YEAR 2000 PROBLEM" (WHICH DEFINITION INCLUDES CERTAIN SIMILAR SOFTWARE DATING PROBLEMS WHICH MaY ARISE BEFORE THE YEAR 2000), AS BUYER ACKNOWLEDGES IT HAS DISCUSSED WITH BUYER'S Y2K EXPERT AND ADVISORS THIS YEAR 2000 READINESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN ANY MANNER RELATING TO THE ABILITY OF THE COVERED PRODUCTS G:/Lcgai/Contract/Y2K Contract.domestic final version.doc 14 9/24/98 9:25 a.m. TO HANDLE CONVERSION TO THE TWENTY FIRST CENTURY, AND OTHER YEAR 2000 READINESS PROBLEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH EXPRESS OR IMPLIED WARRANTIES ARE WAIVED BY BUYER. THE REMEDIES SET FORTH ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO BUYER IN CASE OF A BREACH OF THIS YEAR 2000 READINESS WARRANTY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER UNDER THIS YEAR 2000 READINESS WARRANTY OR OTHERWISE FOR ANY INACCURACIES, DELAYS, INTERRUPTIONS OR ERRORS AS A RESULT OF: (i) THE COVERED PRODUCTS RECEIVING DATE DATA FROM ANY VENDOR PRODUCTS, EXCLUDED PRODUCTS OR OTHER PRODUCTS, SOFTWARE OR SYSTEMS IN A FORMAT THAT IS NOT YEAR 2000 READY OR IS OTHERWISE INCONSISTENT WITH THE FORMAT AND PROTOCOLS ESTABLISHED FOR THE COVERED PRODUCTS OR FOR YEAR 2000 READINESS; OR (ii) ANY ADDITION, EXTENSION, CHANGE, MODIFICATION, UPDATE OR ENHANCEMENT MADE OR ATTEMPTED TO BE MADE TO THE COVERED PRODUCTS BY PARTIES OTHER THAN SELLER OR MADE TO BUYER'S SYSTEM APART FROM COVERED PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY LOSS OF PRODUCTION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF DATA, PROFIT OR REVENUE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS, INCLUDING ANY CLAIMS BY THIRD PARTIES WHICH ALLEGE LOSSES, LIABILITIES, DAMAGES OR INJURIES WHICH ALLEGEDLY COULD HAVE BEEN AVOIDED IF THE BUYER'S SYSTEM (OR ANY COMPONENT THEREIN OR SYSTEM RELATED THERETO) WAS YEAR 2000 REA'DY, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES, CLAIMS OR DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. BUYER UNDERSTANDS AND AGREES THAT THE YEAR 2000 READINESS WARRANTY IS NOT APPLICABLE TO ANY OTHER GOODS OR PRODUCTS DELIVERED OR PROVIDED BY SELLER AT ANY TIME OTHER THAN THE COVERED PRODUCTS. 12. Patents Seller warrants that the PRS Replacement Products furnished hereunder, and any part thereof, shall be delivered free of a rightful claim of any third party for infringement of any United States patent. !f notified promptly in w~ng and given authority, information and assistance, Seller at its expense shall defend, or may settle, any suit or proceeding against Buyer so far based on a claimed infringement which breaches this warranty. In G:/Lcgal/Contract/Y2K Contract.domestic final vcrsion,doc 15 9/24/98 9:25 a.m. case any such PRS Replacement Products or any part thereof, is in such suit held to constitute such an infringement and the use of said PRS Replacement Product or part is enjoined, Seller shall, at its expense and option, either procure for Buyer the right to continue using said PRS Replacement Product or part, or replace same with a non-infringing product, or modify same so it becomes non-infringing, or remove said PRS Replacement Product and refund the purchase price (less reasonable depreciation for use). THE FOREGOING STATES THE ENTIRE LIABILITY OF SELLER FOR PATENT INFRINGEMENT BY PRS REPLACEMENT PRODUCTS, OR ANY PART THEREOF, AND IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN PARAGRAPH 13, "LIMITATION OF LIABILITY." The patent infringement indemnity obligation set forth in this Paragraph 12 shall not apply to any product or part thereof manufactured to Buyer's design, or to the use of any Products or part furnished hereunder in conjunction with any other equipment in a combination not furnished by Seller. As to any such Product part thereof, use or combination, Seller assumes no direct or indirect liability whatsoever for patent infringement. 13. Limitations of Liability A. THE TOTAL LIABILITY OF SELLER, INCLUDING ITS SUBCONTRACTORS OR SUPPLIERS, ON ANY AND ALL CLAIMS WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING (i) FROM THE PERFORMANCE OR NON- PERFORMANCE OF THIS CONTRACT, OR (ii) FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE, or (iii) FROM THE FAILURE OF BUYER'S SYSTEM TO BE YEAR 2000 READY FOR ANY REASON OTHER THAN OR BEYOND SELLER'S WARRANTED PERFORMANCE OF COVERED PRODUCTS IN THIS CONTRACT, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE SELLER PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. B. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT) OR OTHERWISE, SHALL SELLER, OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBCONTRACTORS OR SUPPLIERS, BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY G:/Legal/Contract/Y2K Contract.domestic final version.doc 16 9/24/98 9:25 a.m. OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF PRODUCTS, OR ANY ASSOCIATED EQUIPMENTS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS OR CLAIMS OF BUYER'S CUSTOMERS OR THIRD PARTIES FOR SUCH LOSSES OR DAMAGES. IF BUYER TRANSFERS TITLE TO, OR LEASES THE PRODUCTS SOLD HEREUNDER TO, OR OTHERWISE PERMITS OR SUFFERS USE BY, ANY THIRD PARTY, BUYER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AND AGREEMENT AFFORDING SELLER AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, SUBCONTRACTORS AND SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. C. The provisions ofthis Paragraph 13 LIMITATION OF LIABILITY, shall apply notwithstanding any other provisions of this Contract or any other agreement, whether past, concurrent or future, and notwithstanding the conduct of Seller or any of its employees, officers, directors, agents, affiliates, subcontractors or suppliers in the performance of this Contract D. The provisions of this Paragraph 13 (among others), LIMITATION OF LIABILITY, shall survive the expiration or termination of this Contract. 14. Remedies A. In the event of a material breach of this Contract by Seller which shall continue for ninety (90) or more days after written notice of such breach (including a reasonably detailed statement of the nature of such breach) shall have been given to Seller by Buyer (but subject to the agreement herein regarding arbitration of disputes), Buyer shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise limited or waived under the terms of this Contract) and thereupon either: (1) suspend performance of its payment obligations under the Contract for as long as the breach continues uncorrected; or (2) terminate this Contract by written notice to Seller if the breach remains uncorrected. B. In the event of: (1) any failure by Buyer for thirty (30) or more days to make any payment when due, or (2) any other material breach of this contract by Buyer which shall continue for (90) or more days after written notice of such breach or repudiation (including a reasonably detailed statement of the nature of such breach or G:/Lcgal/ContractYY2K Contract.domestic final vcrsion.doc 17 9/24/98 9:25 a.m. repudiation) shall have been given to Buyer by Seller, but subject to the agreement herein regarding arbitration of disputes, Seller shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity (provided such remedies are not otherwise adjusted or limited under the terms of this Contract) and either: (1) suspend performance of its obligations under this Contract for as long as the breach remains uncorrected; or (2) terminate this Contract by written notice to Buyer if the breach remains uncorrected. C. Notwithstanding the foregoing termination provisions of this Paragraph 14, the following provisions (among others) shall survive the expiration or termination of this Contract: 2A(1 ), (3), (5), (8), (9) and (10); 5; 6; 7; 8; 9; (excluding Seller's continuing warranty obligation thereunder after termination pursuant to Paragraph 14B) 10, 11 and 12; 13; 14; 15; 16; 18; 19; 20; 21; 22; 23; and 24. 15. Con~dentiality A. During the term of this Contract, it is anticipated that one party (hereafter the "Disclosing Party's may disclose to the other party (hereafter the "Receiving Party") information which the Disclosing Party considers proprietary and confidential. Accordingly, with respect to any specification, drawings, sketches, models, samples, tools, technical information, confidential business information or data, in written or other tangible form which: (1) has been designated in writing by the Disclosing Party as confidential or proprietary, or (2) is of the type that the Receiving Party customarily treats as confidential or proprietary, and which is furnished by the Disclosing Party to the Receiving Party in contemplation or of under this Contract (hereinafter "Information"), the Receiving Party shall treat such information, for a period of ten (10) years after the Effective Date of this Contract, as confidential information with at least the same degree of care as the Receiving Party affords to confidential information of its own of a similar nature and shall not reproduce any such Information, in whole or in part, except as specifically authorized in writing by the Disclosing Party. B. The provisions of the preceding subsection shall not apply to any Information which: (1) is or shall become publicly available without fault on the part of the Receiving Party; (2) is already known by the Receiving Party (as a result of proper conduct) prior to receipt from the Disclosing Party; (3) is independently developed by the Receiving Party; or G:/Lcgal/Contract/Y2K Contract. domestic final version.doe 18 9/24/98 9:25 a.m. 16. 17. 18. (4) is rightfully obtained by the Receiving Party from third parties without restriction. The provisions of this Section (among others), CONFIDENTIALITY, shall survive the expiration or termination of this Contract. Notices Notices and other communications between the parties shall be transmitted in writing by certified mail, return receipt requested, to the parties at the addresses set forth below and shall be deemed effective upon receipt by the receiving party. Either party may change its address by giving notice in writing thereof to the other party. Compliance Seller will comply with applicable federal, state and local laws and regulations as of the Date of this contract which relate to equal employment opportunity (including applicable provisions of Executive Order 11246, as amended), workers compensation, and the manufacture in Seller's facilities of the PRS Replacement Products delivered hereunder (including applicable provisions of the Fair Labor Standards Act of 1938, as amended). The price and, if necessary, delivery of any Products will be equitably adjusted to compensate Seller for the cost of compliance with any change in the federal, state or local laws or regulations after the Effective Date. Entire Understanding, Amendment The terms and provisions of this contract and all Exhibits attached hereto constitute the entire understanding between the Buyer and Seller concerning the subject matter hereof (which subject matter shall be deemed to include Buyer's System and its components and functions, including components sold by Seller in the past and services, conduct and communications by or on behalf of Seller in the past, as to which Buyer agrees this Contract constitutes the superseding statement of the entire agreement of the parties). The warranties and other obligations of Seller in this Contract shall replace and supersede any and al! other prior and other warranties and liabilities of Seller in connection with the Buyer's System, including with respect to the PRS Manufactured Products, the Vendor Products, and Excluded Products (although Seller continues to disclaim any obligations with respect to any Excluded Products or any other products or services not provided by Seller), or otherwise. G:/Lcgal/Contract/Y2K Contract.domestic final version,doc 19 9/24/98 9:25 a.m. However, nothing herein shall be deemed to revive or extend any prior warranty or claim in favor of Buyer (or any prior liability of Seller) which has expired or become barred by any statute of limitations, prior contractual bar, laches, waiver, estoppel or otherwise, which deadlines under prior contracts between Buyer and Seller shall continue to run as if this Contract had been signed in place of each such prior contract at the time of such prior contract. Such inclusion of Buyer's System and other non-Seller components and functions shall not be deemed to imply any Seller responsibility therefor, but rather to protect Seller from any such responsibility beyond the Seller's Products as spec!fled herein. In the event of a conflict between the terms and provisions of this Contract and any Exhibits, the terms and provisioning of this Contract shall govern. The terms and provisions of this Contract expressly supercede and replace any oral or written, past or present communication, conduct, representation, promise, understanding, proposal, agreement, warranty, course of dealing or trade usage concerning the subject matter hereof which are not expressly contained or referenced in this Contract, and the terms and provisions of any such communication, conduct, representation, promise, understanding, proposal, agreement, warranty, course of dealing or trade usage shall not be binding on Seller or Buyer. IN PARTICULAR AND WITHOUT LIMITATION, BUYER WAIVES AND RELEASES ANY AND ALL CLAIMS AND CAUSES OF ACTION, WHETHER BASED ON SELLER'S ALLEGED NEGLIGENCE, BREACH OF WARRANTY, CONTRACT OR OTHER LEGAL DUTY OR OTHERWISE WITH RESPECT TO ANY PRS MANUFACTURED PRODUCT, VENDOR PRODUCT, EXCLUDED PRODUCT OR OTHERWISE IN CONNECTION WITH BUYER'S SYSTEM, SAVE AND EXCEPT FOR SELLER'S OBLIGATIONS AS TO THE PRS REPLACEMENT PRODUCTS PURSUANT TO THIS CONTRACT AND AS TO ANY UNEXPIRED WARRANTY ON ANY PRS MANUFACTURED PRODUCTS NOT REPLACED WITH PRS REPLACEMENT PRODUCTS, AS TO WHICH THIS CONTRACT SHALL BE DEEMED TO REPLACE AND SUPERSEDE THE PRIOR CONTRACTS AND WARRANTIES OF SELLER, AS IF THIS CONTRACT HAD BEEN EXECUTED IN PLACE OF THOSE. BUYER ACKNOWLEDGES AND AGREES THAT BUYER RECEIVES FULL AND REASONABLE CONSIDERATI.ON FROM SELLER BY ENTERING INTO THIS CONTRACT FOR SUCH ARRANGEMENTS TO "CLEAN THE SLATE" ON PRIOR MATTERS AND USE THIS CONTRACT AS THE SOLE SURVIVING OBLIGATION. No modification, amendment, recision, waiver or other change or supplement or addition shall be binding on Seller or Buyer, unless expressly set forth in a writing expressly acknowledging the specific effect on the terms and provisions of this Contract. SELLER DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THE SALE OF O:/Lcgal/Contract/Y2K Contract.domestic final version.doc 9/24/98 9:25 a.m. 2O 19. 20. 21. 22. THE PRODUCTS OR SERVICES OTHER THAN THOSE EXPRESSLY STATED IN THIS CONTRACT, AND DOES NOT AUTHORIZE ANY PERSON (INCLUDING SELLER'S MANUFACTURER'S REPRESENTATIVES AND SALES OR OTHER AGENTS OR SUBCONTRACTORS OR SUPPLIERS) TO ASSUME FOR SELLER ANY OTHER OBLIGATIONS OR LIABILITIES. Severability The invalidity, in whole or in part, of any paragraph a part of any paragraph of this Contract shall not affect the validitY of the remainder of such Paragraph or the contract. Each paragraph shall be enforceable to the maximum extent permitted by applicable law. Headings Section headings are inserted for convenience only and shall not be used in any way to construe the meaning of terms used in this Contract Governing Law The validity, performance and all matters relating to the interpretation and effect of this Contract any amendment thereto shall be governed by the laws of the Commonwealth of Virginia. Buyer consents to the personal jurisdiction of the state and federal courts and arbitrators in the Commonwealth of Virginia, which courts and arbitrators shall constitute the exclusive forum for the enforcement of this Contract and the resolution of all Disputes related to the subject of this Contract, whenever, wherever and however arising, whether at law, in equity or otherwise and whether the Dispute involves any alleged breach of contract, violation of law or tort of any kind. No Third Party Beneficiaries; Assignment The provisions of this Contract are solely for the benefit of Buyer and Seller and no other person. No other person or third party is intended to be beneficiary of nor is entitled to rely upon or enforce any of the terms and provisions of this Contract or to assert an.y claim for any nonperformance of this Contract by any party. This Contract may not be assigned by either Seller or Buyer without the prior written consent of the other party. The terms and provisions of this Contract shall inure to the benefit of and be binding upon Buyer and Seller and their respective permitted successors and permitted assignees (if any). G:/Lcgal/Contract/Y2K Contract.domestic final version.doc 9/24/98 9:25 a.m. 23. 24. WAIVER OF JURY TRIAL. THE PARTIES EACH AGREE THAT ANY DISPUTE AND ANY LEGAL ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE RESOLVED (SUBJECT TO ARBITRATION AS PROVIDED BELOW) BY A COURT WITHOUT A JURY, AND EACH PARTY WAIVES ITS RIGHT TO A JURY AS TO ANY DISPUTES OR CLAIMS ARISING UNDER OR RELATING TO THIS CONTRACT, WHETHER FOR BREACH OR ENFORCEMENT OF CONTRACT, TORT OR OTHERWISE, INCLUDING ANY DISPUTES DESCRIBED IN PARAGRAPH 24 BELOW. Each party acknowledges that jury trials are slower and more expensive than court trials without juries, and, considering then nature of the complex technology and other issues which may give rise to Disputes, that a judge may be better trained than a random jury to evaluate the foreseeable expert witnesses and other technology evidence. ARBITRATION. Any and all Disputes (as defined below) between or involving Seller and Buyer shall be resolved by arbitration conducted by three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association [the "AAA"] (as enhanced by any special rules and procedures for Year 2000 related disputes and in accordance with the Federal Arbitration Act, and in accordance with the applicable law and express terms specified in the Contract). The arbitration shall be conducted expeditiously at a convenient site determined by the arbitrators within 100 miles of Seller's executive office in Virginia. The arbitrator selected directly by each party shall be a lawyer with at least 10 years of practice experience, a material part of which involves representing clients with respect to transactions involving the sale of technological goods that operate in conjunction with computer software or firmware. The third, neutral arbitrator selected by the other two arbitrators shall be either an experienced technology officer with expertise in transactions involving comparable goods and software and with related Year 2000 Readiness issues, or an experienced lawyer with sufficient knowledge and comparable experience in order to be able himself to judge with certainty which of conflicting experts for each party is correct in. his or her opinion regarding such technology transactions and Year 2000 Readiness issues. The decision of the arbitrators shall be reported by with their written findings of fact and conclusions of law in accordance with this Contract following applicable law. The arbitrators shall use their best efforts to reach that decision within six (6) months from the date when the initial arbitration request is made, and the arbitrators shall direct the process accordingly to attempt to accommodate that timing. G:/Lcgal/Contract/Y2K Contract. domestic final version.doc 9/24/98 9:25 a,m. 22 As used herein the term "Disputes" means any and all disputes, controversies, claims or causes of action of every kind, whether arising from any alleged breach of contract or warranty, tort, violation of law, dght to equitable relief or other legal or equitable theory, in any way, directly or indirectly, arising out of or from or relating to this Contract or any prior contract, warranty, communication or conduct relating to Buyer's System, or any PRS Manufactured Products, Vendor Products or Excluded Products. VVhenever Buyer wishes to enforce any of'its rights or claims with respect to any Dispute in any legal action or arbitration, Buyer must commence the arbitration within one year from the date on which the cause of action would have first arisen with respect to that Dispute under applicable law, and all claims and causes of action of every kind not properly asserted within that one year period shall be forever barred as to any and all Disputes. O:/Lcgal/Contract/Y2K Contract. domestic final version.doc 9/24/98 9:25 a.m. 23 NAY 1 1 1999 IN WITNESS WHEREOF, Buyer and Scllcr havc cxccutcd this Contract as of thc datc sct forth below. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA . SELLER ERICSSON INC. WITNESS May 11, 1999 Item #16D5 ACCEPTANCE AND RATIFICATION OF THE REVENUES FOR THE COUNTY AUCTION HELD ON MARCH 27, 1999 AND DONATION OF ASSET #930159, A 1992 14~ STARCRAFT BOAT TO THE K-9 SEARCH & RESCUE OF SOUTH FLORIDA, INC. Item #16D6 PROPOSALS FOR RFP 98-2785, .DEPARTMENT OF REVENUE INTEGRATED SOFTWARE SYSTEM. - REJECTED; STAFF TO RE-SOLICIT FOR BIDS AT A LATER DATE Item #16E1 - Moved to Item #8E1 Item #16F1 BUDGET AMENDMENT APPROPRIATING ADDITIONAL CARRYFORWARD FOR THE PURCHASE OF TWO YAMAHA BOAT MOTORS FOR MARINE RELATED INCIDENTS IN COLLIER COUNTY - IN THE AMOUNT OF $22,150.00 Item #16H1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CASE NO. 88-0650-MMA Page 166 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2477170 OR: 2546 PG: 3475 *** ~C0~HD ill 05/14/1999 at 08:59A# DlflOlff RIC ~!! 6.00 COPII~ 1. O0 ~et:n: KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: Oscar Aquirre-Cortez 88-0650-MMA For services of the Public Defender, beating the date of thc 6th day of June, 1988 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twelve Dollars and Fifty Cents, under Final Judgement and Order recorded in Official Record book 1357, page 0567. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. E>~ecuted this. /]/::~ day of ,1999. ATTEST: ;.~ · ' Clerk of Circuit ~ourt ' ' Attest'as to Ch~r~n'$ legal sufnciency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Pamela S. Mac'Kie Chairwoman Assistan County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 Item #16H2 MISCELLANEOUS CORRESPONDENCE May 11, 1999 FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated~ Page 167 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 11, 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 88-0650-MMA 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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 12- 16, 1999 B. April 19 - 23, 1999 4. Districts: mo Port of the Islands Community Improvement District - Minutes of February 18, 1999 and March 18, 1999 meetings Key Marco Community Development District - General Purpose Financial Statements of September 30, 1998; Local Government Annual Financial Report; Management Letter, Management Letter Comments; and Description of Outstanding Bonds A?ENDA MAY 11 1999 May 11, 1999 Item #1611 UPDATED SIGNATORY LETTER FROM THE CURRENT BOARD CHAIRWOMAN FOR THIRD YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) FUNDS Page 168 John C. Norris District 1 James D. Carter, Ph.D. District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 May 11, 1999 SCAAP 99 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Official For SCAAP application ~~entlemen: Pursuant to the Bureau of Justice Assistance (BJA) SCAAP compliance requirement, as the Chairwoman of the Collier County Board of Commissioners, approve and designate Don Hunter, Sheriff, Collier County, Florida, or any future holder of this office as the signing official for application for State Criminal Alien Assistance Program (SCAAP) funding. a:ssdel3 Item #16J1 May 11, 1999 STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 43 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) Page 169 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Item #16J2 May 11, 1999 RESOLUTION 99-227, APPROVING THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $5,000,000 BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY Page 170 RESOLUTION NO. 99- 227 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF AN EDUCATIONAL FACILITIES REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $5,000,000 BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY WHEREAS, on April 20, 1999 a public hearing was held by the Collier County Educational Facilities Authority (the "Authority") with regard to the issuance of the Authority's Educational Facilities Revenue Bonds, Series 1999 (International College, Inc. Project) in an aggregate principal amount not to exceed $5,000,000 (the "Bonds"); and WHEREAS, on April 20, 1999, the Authority adopted its Resolution 99-01 (the "Authority Resolution"), a copy of which is attached hereto and made a part hereof, said Resolution showing on its face that it was adopted after a public hearing upon notice given as set forth therein and as set forth in Exhibit B to the Authority Resolution; and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to International College, Inc. (the "College") to finance the acquisition, and construction of educational facilities for the College's private facilities located within the Northbrook PUD within Collier County, Florida and to pay the costs of issuance of the Bonds (all of the property financed with proceeds of the Bonds will be owned and operated by the College); and WHEREAS, the Bonds will not be an obligation of the County, and will be payable from funds of the College; and WHEREAS, pursuant to the requirements of the Internal Revenue code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds it is necessary that the Board of County Commissioners of Collier County approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence its approval of the issuance of the Bonds solely to satisfy the requirements of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: Section 1. The Board of County Commissioners hereby approves the issuance of the Bonds solely for purposes of Section 147(0 of the Code. Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County, its Board of County Commissioners, officers, agents or employees, or the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefore, and neither the faith and credit nor any taxing power of Collier County, or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County or any officer, agent, or employee thereof shall be liable personally on the Bonds by reason of its issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, and the Project contemplated by this Resolution shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. Section 4. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 1 lth day of May, 1999. ATTESTi;~ Dwighf E. Brock, Clerk Deputy Clerk Attest, ~s to sl~ature oal,~. COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY CO~/~/SIONERS [SEAL] Approved as to form and legal sufficiency: David C. Weigel~, I~oun~,~ttorney RESOLUTION NO. 99-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS EDUCATIONAL FACILITIES REVENUE BONDS (INTERNATIONAL COLLEGE, INC. PROJECT) SERIES 1999 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 FOR THE FINANCING COSTS INTERNATIONAL "CORPORATION") IN PRINCIPAL PURPOSE OF TO BE INCURRED BY COLLEGE, INC. (THE CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN EDUCATIONAL FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, International College, Inc., a Florida not-for-profit corporation (the "Corporation") has applied to the Collier County Educational Facilities Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $5,000,000 (hereinafter referred to as the "Bonds" whether issued as multiple bonds or one bond) for the principal purpose of financing a portion of certain costs of acquisition, construction and equipping of certain educational facilities (the "Project") to be owned and operated by the Corporation and paying costs associated with the issuance of the Bonds; and WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 243, Part II Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and promote the public purposes provided in the Act; and WHEREAS, the Corporation has submitted the Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(0 of the Intemal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Bonds and the location and nature of the Project as more particularly described in the notice of public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will improve educational opportunities for the citizens and residents of Collier County and will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will 2 ~kY i i 1999 thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exhibit "A", between the Authority and the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of(a) $5,000,000 or (b) the amount determined by the Authority and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $5,000,000 for the principal purpose of financing the costs of the Project. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Preliminary Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Bonds, as contemplated in the Preliminary Agreement, in accordance with the provisions of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 20th day of April, 1999. MhV ~ i !99~q COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY /s/ Chairman ATTEST: /s/ Secretary 5 EXHIBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Agreement between the Collier County Educational Facilities Authority, a public body corporate and politic (the "Authority") and Intemational College, Inc., a Florida not-for- profit corporation (the "Corporation"). WITNESSETH: 1. Preliminary_ Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) The Act provides that the Authority may issue revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or construction, certain qualifying educational facilities. (b) The Corporation is considering financing the costs of the acquisition, construction and equipping of educational facilities to be owned and operated by the Corporation. (c) The Corporation has applied to the Authority to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to exceed $5,000,000 (the "Bonds") for the principal purpose of financing a portion of certain costs of acquisition, construction and equipping of certain educational facilities (the "Project") to be owned and operated by the Corporation and paying costs associated with the issuance of the Bonds. (d) The Authority considers the issuance and sale of the Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This Agreement constitutes official action of the Authority toward the issuance of the Bonds in accordance with the purposes of the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the Authority. Subject to the terms hereof, the Authority agrees as follows: (a) The Authority will, subject to the terms hereof, authorize the issuance of the Bonds, in one or more series, in the aggregate principal amount necessary and sufficient to A-1 finance the cost of acquiring, constructing and equipping the Project as the Authority and the Corporation shall agree in writing (including costs of issuance of such Bonds), but in all events, the principal amount of such Bonds shall not exceed the lesser of (i) the amount determined by the Authority and the Corporation to be necessary to accomplish the foregoing, or (ii) $5,000,000. (b) The Authority will cooperate with the Corporation and with the underwriters, placement agents or purchasers of the Bonds and the Bond Counsel of the Authority with respect to the issuance and sale of the Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the Authority and the Corporation for the authorization, issuance and sale of such Bonds and the use of the proceeds thereof to finance the cost of constructing, acquiring and equipping the Project and to pay costs related to the issuance of the Bonds. (c) Such actions and documents may permit the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of (1) defraying the cost of completion, enlargements, improvements and expansions of the Project, or any segment thereof, or (2) refunding all or a portion of the Bonds. (d) The loan agreements, trust indentures, and other financing documents (collectively, the "Financing Agreements") between the Authority and the Corporation shall, under terms agreed upon by the parties, provide for payments to be made by the Corporation in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable. (e) In authorizing any issuance of the Bonds pursuant to this Agreement, the Authority will make no warranty, either expressed or implied, that the proceeds of the Bonds will be sufficient to pay all costs of acquiring, constructing and expanding the Project or that those facilities encompassed by the Project will be suitable for the purposes or needs of the Corporation. (f') The Bonds shall specifically provide that they are payable solely from the revenues derived from the Financing Agreements between the Authority and the Corporation or other agreements approved by the Authority. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of Collier County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of each of the Bonds. A-2 (g) Issuance of the Bonds by the Authority shall be contingent upon satisfaction of all of the provisions hereof and all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the Authority to issue obligations to finance the costs of the Project and the approval by the Board of County Commissioners of Collier County in accordance with the provisions of Section 147(f) of the Code. 3. Undertakings on the Part of the Corporation. Subject to the terms hereof, the Corporation agrees as follows: (a) The Corporation will use reasonable efforts to insure that the Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to the Authority and the Corporation. (b) Prior to the issuance of the Bonds in the principal amount stated above in one or more series from time to time as the Authority and the Corporation shall agree in writing, the Corporation will enter into the Financing Agreements with the Authority, the terms of which shall be mutually agreeable to the Authority and the Corporation, providing for the loan or use of the proceeds of the Bonds to finance the costs of the Project. Such Financing Agreements will provide that the Corporation will be obligated to pay the Authority (subject to any assignment pursuant to the Financing Agreements, as the case may be) sums sufficient in the aggregate to enable the Authority to pay the principal of and interest and redemption premium, if any, on the Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Bonds. (c) The Corporation shall, in addition to paying the amounts set forth in the Financing Agreements, pay all applicable costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds, the Corporation hereby agrees to pay (i) the Authority Bond Issuance Fee, (ii) all of the out-of-pocket expenses of officials and representatives of the Authority incurred in connection with the issuance of the Bonds and (iii) all fees and expenses of Donald A. Pickworth, P.A., Counsel to the Authority, and ofNabors, Giblin & Nickerson, P.A., Bond Counsel. (e) The Corporation will hold the Authority and Collier County free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project. A-3 M~kY t t~g9~ (f) The Corporation agrees to indemnify and defend the Authority and Collier County and hold the Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the Project or the issuance of the Bonds and the Corporation's undertaking thereof, or in any way growing out of or resulting from this Agreement including, without limitation, all costs and expenses of the Authority and reasonable attomeys' fees incurred in the enforcement of any agreement of the Corporation contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In the event that the Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. (g) The Corporation will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the Authority under Section 2 hereof and of the Corporation under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than January 1, 2000, or such other date as shall be mutually satisfactory to the Authority and the Corporation. (a) The Authority shall be lawfully entitled to issue the Bonds as herein contemplated. (b) The Authority and the Corporation shall have agreed on mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instruments or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfactory to the Corporation and the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, if specified by the Authority and the Corporation, shall have been obtained from the Internal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance of the Bonds. (d) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Corporation and the Authority as to such matters with respect to the Bonds, the Project, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Corporation or the Authority, shall have been obtained from such governmental, as well as non-govemmental, agencies and entities as may have or assert competent jurisdiction over A-4 or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Bonds. (e) Compliance with all applicable provisions of Chapters 243, 189, 215 and 218, Florida Statutes, and the Authority's guidelines and procedures relating to the issuance of the Bonds, the interest rates thereon, the type of purchasers of the Bonds and the terms on which the Bonds may otherwise be issued. (1D Notwithstanding any other terms hereof, nothing contained herein shall be construed to create a binding commitment by the Authority to issue the Bonds until such time, if ever, as the Authority shall grant its final approval for the issuance of the Bonds and the final terms and provisions of the Financing Agreements. By execution hereof, the Corporation agrees that the Authority may withhold its final approval of the issuance of the Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. If the events set forth in this Section 4 do not take place within the time set forth or any extension thereof, the Corporation agrees that it will reimburse the Authority for all the reasonable and necessary direct or indirect expenses which the Authority may incur at the Corporation's request arising from the execution of this Agreement and the performance by the Authority of its obligations hereunder, including reasonable legal fees and expenses for Counsel to the Authority and Bond Counsel. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Authority and the Corporation shall bind and inure to the benefit of the respective successors and assigns of the Authority and the Corporation whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the 20th day of April, 1999. [Remainder of page intentionally left blank, signatures on foilowing page] A-5 ~AY t ~ i99~ COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY /s/ Chairman INTERNATIONAL COLLEGE, INC. /s/ President A-6 EXHIBIT B TO RESOLUTION AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING NapLes Dai l News Naples, FL ~4102 Affidavit of Publication PIC~ORTH~ DONALD P.A. . -I r' coun .conference Room 305 O seahoe Drlve,~uHe 120, No les, ~lordo, 5150 TARZ~Z TRL N ~2 3 04 for ~e.purposb of receiving pubic comments ~PLES FL 3~I~ and hearing d scU~slon co~ernin the roposed issu- ance Of e ~ me AUffiorHy's C~I er ~unty Educa- tional ~aclllfies Auffiorl Revenue Bonds (International ~(lege Inc. Pr~ect), Series 19~ In an OreDun} not ~ eXCee~ $5;~P, td be used to finance and r-finance :t e ~ qUls~ cOnstrudion, and .qUl.~g ~f ce~n .~otSonar foclI. es described 1 RO. ECT ~ESCRIP~ION: ~nstrudlon of a ~o-- REFERENCE: Oq07~ s&O~ c~ncre~e blo~k building of approxlmafely 45,0~0 s~ are te~ ~ ouSe ~ffices~ classrooms 5T85~98 Notice of PubLic Hea arid re~d ed~inl~lve and Ins~uc~onal space. State of FLorida * 2. PROJECT LQCATION: Tract ~ of the Norfh- C~nty of CoLHer brooke Plaza PUb. Nodhbrooke PIQzo Is located ~r~ fhe n~eesf ~uadrenf cf ~ In+ersecfion of In~e Before the unders~gned authority, arsonaLLy tn Collier County, FLorida: that the attach. c~y of Advertising ~as published in said fhYoug + ~r. repreSa' ve aria wFIIbe Ivan an Aff}~t further says that the sa~d Naples Da~Ly : co~eh~ .lfi~ev~hc~:,~Y'me hearing may send such Ne~s ~s a newspaper pubHshed at Na Lee, ~n ea(d ,C'ommen~f6 pubt tsKed ~n said CoLHer County, FLorida, each ~ s: :~;pd~oZ:~~ Drive, Suite ~tter at the ~st office ~n Naples, ~n sa~d consideration Of~he ~0rHy and wffi n~blnd the Au- at tacked copy of advert ~ sement' and aff t ant n0mlc Dev~ I~ment CouncK s t forth above, further says that she has neither pa~d nor promised any person~ firm or co~ratton any SPECT TO A~ MATTER CONS DERED AT SUCH discount, rebate, commission or refund for the pur~se of securing thts advertisement fop UCH PERSON MAY NEeD TO ENSURE THAT A pubttcat}on tn the said newspaper. ERBATIM RECORD OF THE PROCEEDINGS IS MADE WH CH: C INCLUDES THE TESTIMONY PUBLISHED 0N: ~/05 ~ BASED. ' i the Americans with DlSabllffles~ In accordance with tlpersons ne~d!n o s eclol a~commodoflon to Do-- Iclp~e Ih ~hls .h~r~g s~Ould conffid Donald A. Pick- oHh General CoUnSel, of (94.]) 263-8060 no Ioter than , ~ e nternal RaVe ~e de, as amended.' AD SPACE; q38.~ iNCH I//Donold. A;PIC~wb~ ~ ASslstaht Secre~ry and Genera Counsel FILED ~: 0~/O5/~ ~ April 5 No. 1392227 ;;;;;,:;;';7;;;;;;; ............ ................................ ~:~ COMMISSION J ~ 6~1~ B MY May 11, 1999 Item #17A - Moved to Item #12B3 Item #17B ORDINANCE 99-30, RE PETITION PUD-99-2, DONALD W. ARNOLD, AICP OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING KENNEY SCHRYVER, AS TRUSTEE FOR LAND TRUST 98-101, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO .PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWNAS VENETIAN PLAZA FOR PROFESSIONAL OFFICES AND LIGHT COMMERCIAL USES, LOCATED ON VANDERBILT BEACH ROAD (C.R. 862} 1/4 MILE WEST OF AIRPORT-PULLING ROAD (C.R. 31), CONSISTING OF 6.02 +/- ACRES Item #17C ORDINANCE 99-31, RE PETITION.PUD-98-21, DAVID H. FARMER, OF COASTAL ENGINEERING, INC., REPRESENTING THE CLUB ESTATES, L.C. REQUESTING A REZONE FROM sPUD" TO .PUD. PLANNED UNIT DEVELOPMENT IN ORDER TO MERGE THE CLUB ESTATES PUD (ORDINANCE 97-69} AND THE CASA DEL SOL PUD (ORDINANCE 89-70) TO CREATE A NEW PUD KNOWN AS THE CLUB ESTATES PUD FOR PROPERTY LOCATED ON THE WEST SIDE OF C.R. 951 APPROXIMATELY ONE MILE NORTH OF RATTLESNAKE HAMMOCK ROAD, CONSISTING OF 254.7+/- ACRES Item #17D - Withdrawn at Request of Staff There being no further business for the good of the County, the meeting was adjourned byorder of the Chair at 6:20 p.m. ' BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD ( S ) OF PAM~U~ S. MAC~E, C~IRWO~ "~'T~es~minutes approved by the Board on ~F~ , As presented / or as corrected Page 171 May 11, 1999 TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 172