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BCC Minutes 05/25/1999 R May 25, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 25, 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 Clerk To The Board/M. Kenyon Admin/4th Floor FP CV IN 3 1 AGENDA Tuesday, May 25, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. I. INVOCATION - Reverend Robert Jacobs, Messiah Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 1 May 25, 1999 April 27, 1999 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) 2) Proclamation proclaiming the week of May 23-29, 1999 as National Small Business Week. To be accepted by Mr. Dan Regelski, Director, and Ms. Suzanne Specht, Certified Business Analyst, both of Small Business Development Center/Florida Gulf Coast University, and Dr. Richard Pegnetter, Dean, College of Business, Florida Gulf Coast University 3) Proclamation proclaiming 1999 as Sprint's 100th Anniversary Year. To be accepted by Mr. Buddy W. Brunker, Public Affairs Manager/Southern Operations, Sprint Proclamation proclaiming the month of May, 1999 as Foster Parent Month. To be accepted by Ms. Kathy Rushing, Program Administrator, Children and Families - District 8 B. SERVICE AWARDS 1) 2) 3) 4) 6) 7) 8) Bill Finch, Parks & Recreation - 15 Years Sharon Cornelison, PWED - 10 Years Bill Bolgar, Code Enforcement - 10 Years Jack Pfiester, Water - 10 Years Barbara Nichols, Library - 5 Years Rodney Michaels, Wastewater - 5 Years Greg Pratt, Pelican Bay- 5 Years Ramon Davila, Solid Waste Dept. - 5 Years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS o A. Deputy Sarah Lanius regarding the use of surplus land adjacent to the existing landfill for the Police Athletic League. B. Tom Henning regarding a landfill host fee. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Accept the 1999 Standard Tourism Agreement between Collier County and Gulf Coast Runners 2) Accept the 1999 Standard Tourism Agreement between Collier County and the Conservancy of SW Florida, Inc. 2 May 25, 1999 11. Co 3) Accept the first amendment of the 1999 Standard Tourism Agreement between Collier County and the Marco Island Film Festival, Inc. 4) CONTINUED FROM THE MAY 11, 1999 MEETING. A report to the Board on the Transportation Element of the Collier County Growth Management Plan. PUBLIC WORKS 1) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interests and/or perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement for the construction of the Four Laning Improvements for lmmokalee Road (C.R.846) Project between 1-75 and C.R. 951 CIE No. 08. 2) Adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of fee simple title interests for construction of the initial two-lane roadway improvements for Livingston Road from Immokalee Road (C.R. 846) to a point 0.5 miles south of the Lee/Collier County Line, CIE Project No. 21. 3) Approve authorization for payment for repairs, modifications and equipment necessary for continued operation of the Naples Landfill. PUBLIC SERVICES l) Authorization to draw funds from the recently authorized line of credit and extend the closing date on the North Naples Regional Park property. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Approval of a Resolution giving Notice of Intent to Levy the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County to be effective September 1, 1999. Companion item to be heard immediately following Item 12C(4). F. AIRPORT AUTHORITY G. EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Contractor's Licensing Board. B. Appointment of members to the Collier County Water and Wastewater Authority. C. Consideration of termination of employment of County Administrator. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 3 May 25, 1999 B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC 13. A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER Petition R-99-3, Geoffrey Purse of Purse Associates, Inc. representing Golden Gate Inn, requesting to change the zoning classification of a property from "GC' Golf Course to "C-3" intermediate commercial district. The subject property is located on the southwest corner of Golden Gate Parkway and County Road 951 in Section 26, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 1.81 acres. 1) 2~ An Ordinance of Collier County, Florida, establishing maximum towing fees for non-consent towing and directly related non-consent storage of towed vehicles; providing for conflict and severability; providing for inclusion into the code of Laws and Ordinances; providing a special effective date. THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING. Recommendation to adopt a new Litter, Weeds, and Exotics Control Ordinance and to repeal Ordinance 91-47, as amended. 3) Approve an ordinance relating to Park and Recreational facility impact fees. 4~ Approval of an Ordinance providing for the imposition and extension of levy of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provisions of Chapter 206, Florida Statutes. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS 15. A. Update on stipulated agreement package to the Department of Community Affairs. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 4 May 25, 1999 To respond to three issues that were raised by the Chairwoman during the presentation of the 1998 Comprehensive Annual Financial Report by the Finance and Accounting Department and KPMG, LLP, on Tuesday, April 13, 1999. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization of a 50% waiver/50% deferral of impact fees for one house to be built by Larry P. Basik and Anita L. Basik in King's Lake, Collier County. 2) Interlocal Agreement for the creation of the Collier County Metropolitan Planning Organization. 3) Request to approve for recording the final plat of"Tierra Lago II". 4) Request to approve for recording the final plat of "Pelican Marsh, Unit Twenty- Five" and approval of the performance security. $) Request to approve for recording the final plat of"Vanderbilt Country Club-2" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security.. 6) Request to approve for recording the final plat of"Cedar Hammock" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to approve Excavation Permit No. 59.694 Otero, Lake 2 Excavation located in Section 5, Township 48 South, Range 38 East: bounded on the north by vacant lot, on the east by vacant lot, on the south by 56t~ Avenue N.E. R/W and on the west by vacant lot. s) Authorize a 50% waiver/50% deferral of Impact Fees for one house to be built by Rafael Morales and Juana Perez in Naples Manor Unit One, Collier County. 9) Approval of a resolution to extend the Lake Trafford Restoration Ad Hoc Task Force through May 7, 2000 and re-appoint/appoint members. ~o) Approval of site alterations exceeding 25 acres for clearing and filling in the Naples Lakes Country Club Development. 11) Final acceptance of sewer facilities acceptance for Heritage Links at Naples Heritage. 12) Request to approve for recording the final plat of"Southport on the Bay, Unit 2B'. 13) Request to approve for recording the final plat of "Naples Lakes Country Club" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 5 May 25,1999 Be Co 14) Request to approve an early work agreement for Cedar Hammock Golf Course 15) Budget amendment for the provision of transportation disadvantaged services. PUBLIC WORKS 1) Recommendation that the Board of County Commissioners approve the compensation amount for Fiscal Year 2000 as contained herein with Severn Trent Environmental Services, Inc. to provide for current Contract Manager Services for the Pelican Bay Services Division. 2) Recommendation that the Board of County Commissioners approve a Work Authorization under the Pelican Bay Services Division's Current Professional Engineering Agreement with Wilson, Miller, Barton & Peek in an amount not to exceed $5,000, to prepare the Preliminary and Final Assessment Roll for the Non-Ad valorem Assessments for Beautification of Recreational Facilities and Median Areas, and Maintenance of Conservation or Preserve Areas, U.S. 41 Berms, Street Signage Replacements within the Median Areas and Landscaping Improvements to U.S. 41 Entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 3) Approve Supplemental Agreement No. 8 with Hole, Montes and Associates, Inc. for the Immokalee Road Six Lane Improvement Project No. 69101; CIE No. 08. 4) Award a Contract to Florida State Underground, Inc. to construct a Master Pump Station and Force Main for the connection of Eagle Creek PUD and other developments to the Collier County Sewer System, Project No. 73057, Bid No. 99-2928. 5) Request approval to exceed the $25,000 limit on purchase orders for Ortho/Polyphosphate until a rebid is completed and an award made. 6) Recommendation to approve Mid-year Adjustments to Water Management CIP Budget (Fund 325). 7) Approve Agreement to reimburse developer of Island Walk to expenses related to construction of Stormwater Management Facilities. s) Consideration of Budget Amendment Appropriating Lawsuit Settlement Proceeds in the Road and Bridge Fund. 9) Recommendation to Award Bid No. 99-2994 for Activated Carbon. lO) Approve Work Order to Camp Dresser and McKee, Inc. for engineering services related to updating the Wastewater Effluent Master Plan, Project 74029. 11) Agreement to reimburse the Property Appraiser and Tax Collector for services rendered for the Golden Gate parkway Water and Wastewater Municipal Service Benefit Unit. PUBLIC SERVICES 1) Approval of sole source purchases from Data Research Associates, Inc. 6 May 25, 1999 Do 2) 3) 4) a) A request for a permit to conduct three (3) separate carnivals hosted by the Parks and Recreation Department. Approve Summer Food Service Program Grant for Immokalee and Naples Summer Recreation participants. Authorize the Collier County School Board to prepare the food for the Summer Food Service Grant Program. Authorize G.A. Foods to prepare the food for the Summer Food Service Grant Program while summer school is not in session. Approve An application to the Florida Department of State requesting Historic Preservation Grant funds to assist with the restoration of the Roberts Ranch in Immokalee. Approval for Library to apply for Gates Library Foundation Grant. Authorize staff to proceed with negotiations with Westinghouse Communities Naples (WCN) to exchange properties located at the County Seagate beach and the development previously known as Naples Cay. 9) Approve a Resolution relating to beach parking fee policies and procedures. SUPPORT SERVICES 1) Approval of a Resolution and Lease Agreement between Collier County and Florida Gulf Coast University for Radio Antenna Space. 2) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. 3) A Resolution Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County Has Received Payment and Liens are Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 4) A Resolution Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County Has Received Payment and Liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. A Resolution Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County Has Received Payment and Liens Are Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. A Resolution Approving the Satisfaction of Liens for Certain Residential Accounts Wherein the County Has Received Payment and Liens Are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Award of RFP #99-2907, ProperS.' and Casualty. Insurance Brokerage Services to Insurance and Risk Management Services, Inc. 7 May 25, 1999 8) 9) Approve a Budget Amendment to Appropriate the Maintenance Service Revenues for Reimbursement of Operating Expenses. To Authorize the Board Chairwoman to Sign a Memorandum of Understanding for a Summer Youth Program. To Approve an Interiocal Agreement Between the Board of County Commissioners as it Relates to the Southwest Florida Job Training Consortium. Approve Emergency Repairs to the Main Government Complex Water System. Eo Fo COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendments 99-256; 99-264 2) A Resolution authorizing the borrowing of an amount not to exceed $6,500,000 from the pooled commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the Loan Agreement between the Board of County Commissioners and the Commission in order to finance the acquisition, construction and equipping of an administrative building for the Collier County Sheriff's Department; authorizing the execution of a loan note or notes with a covenant to budget and appropriate locally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution of such other documents as may be necessary to effect such borrowing, and providing an effective date. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES 1) Approve the budget amendment necessary to pay for impact fee collection cost payable to Building Review and Permitting. 2) Approve and execute an agreement to provide for a maximum expenditure of $50,000 from the GAC Land Trust to purchase land and to initiate the design of an EMS and future Sheriff's Office Substation to be located within Golden Gate Estates. 3) Creation of Team Collier 2000 Task Force to coordinate Y2K activities throughout Collier County. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve a Budget Amendment in the amount of $325,000 transferring funds from Reserves to Redemption of Long-Term Debt-Pine Ridge Industrial Park and Naples Production Park Special Assessment Bonds, Series 1993. 8 May 25. 1999 17. 2~ Recommendation to approve an increase of Fifteen Sworn Law Enforcement Officers in the 1998/99 Sheriff's Office Budget for the United States Department of Justice Three Year COPS in Schools Grant Program. Recommend that the Board of County Commissioners endorse the Collier County Sheriff's Office Grant Application for continued funding for the State of Florida, Department of Community Affairs, Anti-Drug Act Formula Grant Program. 4~ Recommend that the Board of County Commissioners endorse the Collier County Sheriff's Office Grant Application for continued funding for the State of Florida, Department of Community Affair's Anti-Drug Act Formula Grant Program. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 45 in the lawsuit entitled Collier County v. Community Development Corporation of Southwest Florida-Hickory Bay west, et at, Case No. 94-2934.-CA (Bonita Beach Road Four-laning Project No. 60021) 2~ Recommendation to consider a settlement proposal in the case of Bambi Henderson, et al., vs. Collier County, Case No. 97-3387-CA-01, pending in the Twentieth Judicial Circuit Court in and for Collier Count3.', Florida. AIRPORT AUTHORITY Request Board's approval to pay for expenses associated with the Schedulers and Dispatchers Trade Show out of the Airport Authority's Tourist Development Tax Grant. Recognize and appropriate additional revenue in the Marco Island executive airport budget. 3) To recognize an additional grant of $41,000 and increase the lmmokalee T- Hangar Construction Budget by $82,000. 4~ Approve a budget amendment that will recognize an additional grant of $110,000 and increase the Marco Island T-Hangar Construction Budget by $220,000. Recognize and appropriate additional revenue in the Immokalee Regional Airport Budget. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRI'FFEN OR ORAL OB3ECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. 9 May 25, 1999 Ao Petition PUD-84-11(2) Greg Stuart of Stuart & Associates, representing the Diocese of Venice, requesting a rezone from "PUD" to "PUD" which will continue to be known as the Vincentian PUD having the effect of eliminating certain uses: decreasing the land area for residential and group housing land uses; increasing the residential density from 3 dwelling units per acre to 4 dwelling units per acre and converting 8.5 acres for commercial land uses and 11.7 acres for preservation purposes for property located at the southeast corner of Southwest Boulevard and Tamiami Trail East (U.S. 41), in Section 32, Township 50 South, Range 26 East, Collier County, Florida; consisting of 30 +/- acres. Bo Petition NUA-99-1, Marklin and Evonne Prescott, requesting approval of a non- conforming use alteration to replace a mobile home damaged by a fire with another mobile home in an RMF-6 residential multi-family district. The subject property is located at 3255 Lunar Street off Bayshore Drive. Co THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone from "A' Rural Agriculture to "PUD" and "PUD" to "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111'b Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +/- acres. Do Petition VAC-99-010 to disclaim, renounce and vacate the County's and the public's interest in road right of way located within the Cedar Hammock project which was conveyed to the County by O.R. Book 195, Page 465 and road right of way, utility and drainage easements conveyed to the County by O.R. Book 240, Page 896, Public Records of Collier County, Florida, and being located in Section 3, Township 50 South, Range 26 East. go THIS ITEM HAS BEEN CONTINUED TO THE JUNE 22, 1999 MEETING. PUD-99~ 01, William L. Hoover, AICP, of Hoover Planning, representing Daniel R. Monaco, Trustee and Michael E. Nortman, Development Manager, The Prime Group, Inc., requesting a rezone from "A" Rural Agriculture and "PUD" Planned Unit Development (Mocake PUD and Zurich Lake Villas PUD) to "PUD" Planned Unit Development to be known as Malibu Lake for a maximum of 732 multi-family dwelling units and commercial uses for property located on the south side of Immokalee Road and the east side of 1-75, in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 128.92 +/- acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 10 May25,1999 May 25, 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call to order the Board of County Commissioners meeting for Tuesday, May 25th, 1999. We're honored this morning by having Reverend Robert Jacobs of the Messiah Lutheran Church with us for the invocation. If you'll stand for the invocation, remain standing for the pledge. REVEREND JACOBS: We make our beginning in the name of the Father and of the Son and of the Holy Spirit. And Father, it's always a joy to come into your presence, because you remind us in the Psalms that daily you open your hand and you satisfy the desires of every living thing. And we come before you, Lord, because we realize we need your guidance and direction. Not because we need to inform you, because you already know, but you need to give us guidance and direction. And as we look at this agenda for today, Lord, it is filled with varied topics and interests ranging from many different avenues, but perhaps the greatest one which is before us today is the evaluation of our county administrator, Mr. Fernandez. We ask your guidance and direction upon this whole issue as it comes before this County Commission. Give them ears to listen, to evaluate, and then give them guidance and direction; direction to know what is best, and the direction to make that right and proper decision. And our comfort, Lord, is that even as we tackle these difficult and hard decisions concerning so many people, we realize that you are there to guide and to direct, for you remind us that you guide us in the paths of righteousness for your name sake. And so we commend all this to your care, trusting in your promise, through your son, our savior. Amen. (Pledge of allegiance.) CHAIRWOMAN MAC'KIE: Thank you so much, Reverend Jacobs. COMMISSIONER BERRY: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: I think it would be also appropriate at this time to take a moment of silence for a deputy that lost his life yesterday out on Immokalee Road. So if we could have just a moment of silence, please, in his memory. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Ms. Berry. I appreciate that very much. Changes to the agenda this morning. Mr. Fernandez? MR. FERNANDEZ: Yes, Madam Chairwoman. Good morning, Commissioners. First item is to add Item 8(B) (4). This is a status report on the Contract No. 97-2771, removal of non-specification material from the Naples Beach. This is staff's request. Next is to add Item 14(B) . This is authorization for the Chairwoman to sign a letter requesting a veto of Senate Bill 318, intangibles tax county revenue sharing. The next is to withdraw Item 16(A) (1), which is authorization of a 50 percent waiver, 50 percent deferral of the impact fees for one house to be built by Larry P. Basik and Anita L. Basik in Kings Lake, Collier County. Page 2 May 25, 1999 The next item is to move Item 14(A) to 8(A) (5). And we request this item be heard first under the Community Development Services issues. This is the update on the stipulated agreement package to the Department of Community Affairs. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: The final item is to move Item 16(J) (2) to 9(A). This is moving from consent to regular agenda. This is a recommendation to consider a settlement proposal in the case of Bambi Henderson, et al, versus Collier County, Case No. 97-3387-CA-01. COMMISSIONER CONSTANTINE: Can I ask why the time specific request on the former 14(A), now 8(A) (5)? CHAIRWOMAN MAC'KIE: To hear it at the beginning of the -- MR. FERNANDEZ: To hear it earlier in the meeting? Because of the nature of the issue. CHAIRWOMAN MAC'KIE: Just that it's such a -- MR. FERNANDEZ: It's appropriate to hear it earlier on in our meeting. COMMISSIONER CONSTANTINE: That's what I -- I'm asking, why is it appropriate? It just seems that most of the people involved are paid to be here, as opposed to some of the folks who might be here on other issues who are spending their own times. So if there's somebody that needs to catch a flight to Tallahassee or something, I understand, but MR. FERNANDEZ: No, it's not something like that. COMMISSIONER CONSTANTINE: -- otherwise -- CHAIRWOMAN MAC'KIE: Well, I guess I'd like to hear it as early as possible, frankly, before we get all tied down in the transportation element. It's just such a -- sort of while we have fresh brains, more than anything else. Anything else? MR. FERNANDEZ: That's all, Madam Chairwoman. CHAIRWOMAN MAC'KIE: Mr. Weigel, any changes? MR. WEIGEL: No changes whatsoever. I would like to bring under staff communication the discussion concerning the definition of lobbyist, under our recently enacted ethics ordinance. CHAIRWOMAN MAC'KIE: So we'll have that at 14(C), what is a lobbyist. Commissioner Berry? COMMISSIONER BERRY: Yes, I'd like to add one item, actually, on behalf the division of forestry regarding the burn band. The Governor has lifted it. And I think since we had imposed one as well, it would be appropriate to lift our band. CHAIRWOMAN MAC'KIE: So where should that go, Mr. Fernandez? MR. FERNANDEZ: I would place that under Board of County Commissioners, 15(B) . CHAIRWOMAN MAC'KIE: Anything else, Commissioner Berry? COMMISSIONER BERRY: No, ma'am, that's all. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: Just one item, Madam Chairman. 10(D), I would like to add consideration of reappointment of member to represent board at DCA meeting. COMMISSIONER BERRY: What number is that, John? COMMISSIONER NORRIS: D, 10(D). COMMISSIONER BERRY: Okay. Page 3 May 25, 1999 CHAIRWOMAN MAC'KIE: Okay. Any questions -- any changes, Commissioner Carter? COMMISSIONER CARTER: No. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: No. I just had a question, and maybe she's already answered that. Commissioner Berry had been quoted in the paper as considering adding a motion to remove the chair. We're not adding that today? COMMISSIONER BERRY: I would have added it if I wanted it on there. CHAIRWOMAN MAC'KIE: Do you have anything, Tim? COMMISSIONER CONSTANTINE: No, I don't. CHAIRWOMAN MAC'KIE: The only thing that I have is I'd like to ask that we move the discussion of the county administrator's evaluation, just to do that immediately after the presentation, service awards, proclamations, just to sort of ease the agenda, the tension, if nothing else. So we'll move that. We'll hear it right before public petitions. Okay. Anything else? COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: Commissioner? COMMISSIONER CARTER: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) If not, do I have a motion? I move -- so move we accept the agenda. Is there a second on the setting the agenda? That includes all three portions, Yes. I'll second that, then. Motion and second. All in favor, say aye. Page 4 05/25/1999 07:28 9417744010 C1]UNTY MANAGER PAGE AGENDA CHANGES ~O~R~ OF COUNTY ¢OMMi~$1ONERS' ADD: ITEM S(B1(4~ - NTATUS REPORT ON CONTRACT NO. 97-2771, I~MOIXAI, OF NON- ~P~CIFICATION MATERIAL FROM THE NAPLF~ BF. ACH.. (~TAFF'$ ADD: IT_~.. 14{B~ - AUTHORIZATION FOR THE CHAIRWOMAN TO SION A LETTER RKI2UI~TING A k'~TO OF SENATE BILL ~15 - INTANGIBLF~ TAX/COUNTY REP~NHE $1tARING. (5TAFF'S REQUESD. W~THDRAW:,. ITEM 16(A~(I} - AUTHORI~4TION OF A $O*/~VAIVEi~$0% DEFERRAL OF ~PACT FE~ FOR ONE HOUSE ~ BE BUILT BY ~Y ~ ~SIK~ND ~ITA ~ BA~IK IN ~N6'S ~, COLLI~ COUNT~ ~PPLI~NT'~ MO~E: ITEM 14{AP T~ 8(A)(51 - THIS ITEM TO B£ HEARD FIRST UNDER COMMUNITy ~VELOPM,.ENT SER_VICES: UPDATE ON STIPULAT~ AOREEMENT PACKAGE TO THE DEPARTMENT OF COMMUNITY AFFAII~ ~9TAFI~$ May 25, 1999 Item #4 MINUTES OF APRIL 27, 1999 REGULAR MEETING - APPROVED AS PRESENTED CHAIRWOMAN MAC'KIE: Motion passes unanimously. And I don't have minutes, so we can go directly to proclamations. Commissioner Carter? We do have one set of minutes? I'm sorry, I missed it. April 27th. Thank you, John. Can I get a motion on the April 27th, '99 regular meeting minutes? COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) Move acceptance. Second. All in favor, say aye. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF MAY 23-29, 1999 AS NATIONAL SMALL BUSINESS WEEK - ADOPTED CHAIRWOMAN MAC'KIE: Now we can go to proclamations. Commissioner Carter. COMMISSIONER CARTER: For the National Small Business Week, and we have some people in the audience this morning that will step forward, I believe, to accept this proclamation. If you're here, any of those representatives, if you would come forward. I know Dr. Pegnetter is here. Looks like we have a whole delegation. So if you'll all come forward as I read this proclamation this morning. Since 1963, the president of the United States has designated a week as National Small Business Week in recognition of small business community contributions to the American economy and society; and WHEREAS, the Economic Development Council of Collier County, the United States Small Business Administration, and other small business supporters sponsor special activities honoring on the nations entrepreneurs at the local, state, and national levels; and WHEREAS, the Small Business Development Center, Florida Gulf Coast University, and the Service Corps of Retired Executives, SCORE, strive to provide economic opportunities for entrepreneurs for the business expansion and new business development for small businesses; and WHEREAS, the Collier County Banking Partnership promotes small business and minority businesses development through the Microloan program, assisting persons needing a small business loan; and WHEREAS, the number of small businesses in Collier County with 20 employees or less constitute 90 percent of the total number of businesses in the market; and WHEREAS, the Economic Development Council of Collier County continues to serve as an advocate for small businesses by endeavoring to create programs that promote high wages, job diversification and economic prosperity. AND NOW, THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 23 through 29, 1999 be designated as National Small Business Week. DONE AND ORDERED THIS 25th day of May, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Page 5 May 25, 1999 Madam Chair, I move that we accept this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: If anybody has a comment. Commissioner Carter? COMMISSIONER CARTER: If anybody would like to say great things. CHAIRWOMAN MAC'KIE: Any comments? Please go to a microphone and thank you for being here. MR. REGELSKI: Thank you very much for recognizing the efforts of this terrific group of resources that you have here in Collier County. I'd like to just note that every county in the State of Florida has these same resources, but the way that they are grouped together and activated in Collier County is very unique, and something that Collier County should be extremely proud of. To have the Economic Development Council work as effortlessly as they do, partnering with Senior Corps of Retired Executives, Small Business Development Center, as well as the Collier County government, is something very unique. Topping it all off is the collaboration of the Collier County Banking Partnership, which is just unheard of throughout the state. And we really do work hard to make these resources available to the small business owners who need them and who deserve them, and we thank the opportunity to allow us to work in this environment. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CARTER: Thank you. CHAIRWOMAN MAC'KIE: Excuse me, sir, could I have your name for the record? MR. REGELSKI: Dan Regelski. Page 6 WHEREAS, WHEREAS, PRO~LA~A TZON HAY 199 since ]965, the Pr~Ment of the United 5tnt~ hn~ d~i~nnted n. week ~ ~tio~l 5mall 8u~n~ Week in Pec~nitiion of ~m=ll bu~in~ communi~ confPibutio~ to the Amecican economy end ~oci¢~; onE, the Economic Development Council of Collier County, the United States 5moil 8us/ness Administration, and other sma//bus/ness sopporters spoILqor spec/o/oct/v/ties hoflor/n9 the natJon'~ entrepeneurs at the local, state, and national levels; and, the Small Business Development Center, Florida Gulf Coast Un/versify, and the Service Corps of Ret/red Executives (SCORE) strive to provide economic opportunities for entrepreneurs through bus/ness expansion and new bus/ness development for sma//bus/ness; and, WHEREAS, WHEREAS, and, 20 employees of businesses/n WHEREAS, to to create and economic NOW the of 29, 1999 be DONE AND ORDERED TI4Z$ 25th Day of/day, 1999. WEEK 80ARb OF COUNTY COM/d£$S_TONER$ COLLTER COUNTY, FL ORIDA May 25, 1999 Item #5A2 PROCLAMATION PROCLAIMING 1999 SPRINT'S 100Ta ANNIVERSARY YEAR - ADOPTED CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: I think Buddy Brunker, who's our local phone folks celebrating 100 years, is here. Buddy, if you'd come up, we have a proclamation to read with Sprint celebrating their 100th birthday. Face our friends in TV land. WHEREAS, Sprint began in 1899 as Brown Telephone Company in Abilene, Kansas; and WHEREAS, in 100 years, Sprint has grown into a global communications company at the forefront in integrating local long distance, wireless and data communications; and WHEREAS, while Sprint has grown up, it's never grown away from its local hometown roots; and WHEREAS, Sprint today provides local service to more than seven million customers in 3,000 communities across 18 states; and WHEREAS, Sprint has a rich history dating back to the beginnings of telephony in Florida 100 years ago -- a new word to me -- WHEREAS, Sprint serves more than 209,500 access lines in Collier County alone; and WHEREAS, Sprint offers the residents of Collier County an extensive menu of telecommunications, products, and services; and WHEREAS, Sprint is a solid partner and a consistent and generous supporter of Collier County's economic, educational and charitable programs. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that 1999 be designated as Sprint's 100th Anniversary Year, and recognizes the contributions Sprint has made to the telecommunications industry, to the communities it has served and to its customers. Done and ordered this 25th 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 we approve this proclamation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye? Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Congratulations. (Applause.) COMMISSIONER CONSTANTINE: Buddy was one of the founders of the company. MR. BRUNKER: Sometimes I feel like it. COMMISSIONER CARTER: Sometimes the services -- Page 7 HAY 2 5 1999 WFtEREA$, 5pr/nt began ltl 1899 as Brown Telephone Company/n Ab/lene, Kansas; and, /n 100 years, Spt/tit has grown /nto a global te/ecommun/cations company at the forefront itl/ntegrot/ng local, Ion9 d/stance, wireleis and dom common/carlon~,' and, WHEREAS, wh//e Spr/nt has grown up, it has tiever grown away from/ts local, home town too ts; and, 5pr/nt today provides local serv/ce to more than 7m/H/on customers /n 3,000 commun/t/es across 18 states; and, WHEREAS, Spr/nt has a r/ch h/story dat/n9 back to the beg/nnings of telephony /n F/or/da 100)lears ago: aha; WHEREAS, 5pr/nt Call/er County; and, WHEREAS, WHEREAS, f/otls sol~=/ extensive menu of supporter of NOW ,f des/gna: to the it serves and to/ts DONE AND ORDERED TH£$ 1999. A T'7'~S E' D~}£a~E'B~OCK, ~LgRK ~ BOARD OF COUNTY COt~I~£$5£ONER5 COLL£L.~UN TY, FL OR£DA P May 25, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE MONTH OF MAY, 1999 AS FOSTER PARENT MONTH - ADOPTED CHAIRWOMAN MAC'KIE: Commissioner Berry has our next proclamation. COMMISSIONER BERRY: Yes, I do. Is Ms. Kathy Rushing here, please? Could she come up here and stand in front of the dias, we'll read your proclamation. WHEREAS, on any given day more than 10,000 children in the State of Florida are living in foster care; and WHEREAS, foster parents throughout the State of Florida dedicate themselves to providing foster children with the love and values that help prepare them for responsible adulthood; and WHEREAS, in the month of May, public and private sector agencies, child advocates and residents will be increasing the public's awareness of the needs of foster children and the enduring and valuable contributions of foster parents. NOW THEREFORE, be it proclaimed by the Board of County Commissioners, Collier County, Florida, that the month of May, 1999 be designated as Foster Parent Month in Florida, and urge all residents to volunteer their talents and energies on behalf of foster children and foster parents during this month and throughout the year. DONE AND ORDERED THIS 25th day of May, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: You guys do incredible work. Thank you. Page 8 on any given day, more than 10,000 children in the State of Florida are//v/nE in foster care; and, H/HERPA$, foster parents throt~hout the State of Florida dedicate themselve~ to providin9 foster children with the love and value~ that help prepare them for responsible adulthood; and, /n the month of May, pub/lc and private sector agencies, ch/Id advocate~, and re~/dents will be/ncreasir~ the pub//c'~ awareness of the needs o£ £os~ter children and the endurirn3 and valuable contribution~ NOW ,f designated and th/s BOARD OF COUNTY COMM£$$£ONERS COLL~pA/r~ELA S./~ACKZE, CHA~.RWO~AN D BROCK, CLERK Item #SB EMPLOYEE SERVICE AWARDS - PRESENTED May 25, 1999 The next item on today's agenda are service awards. I'm going to start with the pinnacle of the awards today and that is Mr. Bill Finch, who's served for 15 years in parks and recreation. Come forward. (Applause.) CHAIRWOMAN MAC'KIE: Next, for 10 years, we have Sharon Cornelison -- I'm sorry, Cornelison. Thank you, Tim. (Applause.) CHAIRWOMAN MAC'KIE: Next, for five years of service, we have Barbara Nichols. (Applause.) CHAIRWOMAN MAC'KIE: For five years of service, we also want to thank Greg Pratt. Is he here? We'll convey our thanks to him otherwise. And for five years of continuous service, Ramon Davila. (Applause.) CHAIRWOMAN MAC'KIE: Tell me how to really say your name. MR. DAVILA: Davila. CHAIRWOMAN MAC'KIE: Davila. Thanks. Item #10C CONSIDERATION OF TERMINATION OF EMPLOYMENT OF COUNTY ADMINISTRATOR - COUNTY ADMINISTRATOR TO BE RETAINED, GUIDELINES REGARDING PLAN OF ACTION TO BE PRESENTED IN JUNE FOR MR. FERNANDEZ,S EVALUATION IN NOVEMBER We'll jump right in at this point then and have our discussion of the county administrator's evaluations. One of the things that I'd hoped to do with this process is to -- is to end up with some consensus direction from this board, whether it is that Mr. Fernandez no longer continue as our county administrator, or whether if he is to continue, that he have clear direction from a majority of the board and not individually. I don't know what the will of the group is, if you'd like to discuss your evaluations at this point in time or if everybody has had the opportunity to discuss them individually with Mr. Fernandez. COMMISSIONER CONSTANTINE: I'd like the opportunity. One of the criticisms being when I brought the issue forward was that we hadn't all been able to see evaluations, and what didn't make a whole lot of sense to me was we then immediately delayed the evaluations so that we wouldn't see them before today's discussion. So I'd like an opportunity just to see and discuss those evaluations now, so we all know where one another's coming from. CHAIRWOMAN MAC'KIE: As uncomfortable as that process is of having a public discussion of evaluations, I don't think we have an option. Sue, I only made one extra copy of mine. Could you come and -- and we have Commissioner Berry's evaluation here. Perhaps you could make copies of the others? COMMISSIONER NORRIS: Yeah. Page 9 May 25, 1999 COMMISSIONER CARTER: Commissioner Mac'Kie, did you receive my copy? It was distributed Friday. CHAIRWOMAN MAC'KIE: I did, but don't have it with me, but I certainly have had the chance to review yours. COMMISSIONER NORRIS: As did I. And relating to those evaluations, the one that we did last fall and the one that I did here a couple of weeks ago really don't have any material changes in them. The comments and so forth that I made last fall are essentially the same, and the nature is the ones that I made on this one. CHAIRWOMAN MAC'KIE: So the general consensus, your evaluation last time was a negative one. I just haven't seen yours at all. Is yours generally -- did you give it a grade? I -- you know, I've got kids in school so I put letter grades by some of mine. COMMISSIONER NORRIS: Well, our kids have passed school. I didn't put a letter grade on it. But it would probably be below what you would want to see. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: I gave you mine. CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: You have that. If you want -- do you want to us go through our evaluations? I'd be happy to do it. Mine's short. As you know, it's only one page. I did it a little bit differently perhaps than the rest of you. I took the eight categories in the county administrator's contract, which is -- you were not limited to using. But I think basically it encompasses most of the points -- CHAIRWOMAN MAC'KIE: Yes, ma'am, I do, too. COMMISSIONER BERRY: -- Chairwoman, as you had pointed out in the little list that you gave us. I believe that it encompasses that. I'll start with budget management. I find no fault with the presentation. The budget's been brought to us in a straightforward and in a forthright manner. Supervision, the administrator's style is one of empowerment to heads of division, is one of change and can be viewed by some as not in control. In effect, it places more responsibility and accountability on departments. If divisions are having accuracy and information problems, then that needs to be addressed and communicated to Mr. Fernandez. Personnel management, Collier County is blessed with many confident individuals. This is not a small organization. There will always be some who are disgruntled. Again, working for one administrative style for a number of years and then changing style may take time, and expectations must be clearly articulated to the employees. Number four, leadership. The county administration has brought forth several changes. Meetings of the commission on a biweekly schedule, proposed emergency services division, separating fire and EMS, merit pay plan in different divisions based on allocation of money as set forth by the BCC. Number five, execution of policy. Merit pay plan is an example of execution of policy. The board allocated minimal dollars to the divisions and county administrator, after much discussion, came up with a plan. Number six, department performance. I believe the job is being done; however, continuous improvement should be expected in all departments. Recent unionization talks should not be laid at the Page 10 May 25, 1999 administrator's feet. With the great influx of new people, it is to be expected. Number seven, relations with the BCC. I know certain commissioners seem to have some concerns with Mr. Fernandez. I personally don't have any serious issues with him that I haven't communicated. His job is not to play politics with the board but run the county with the best administrative practices. And number eight, community relations. Mr. Fernandez attends many events and speaks on a number of occasions. Better use of Channel 54 is also evident. In summation, I believe our current administrator has the qualities and experience to lead Collier County. We need to set some realistic and measurable goals and then stick to our job-setting policy. CHAIRWOMAN MAC'KIE: Your overall grade is written at the bottom, which is a satisfactory plus? COMMISSIONER BERRY: Correct. CHAIRWOMAN MAC'KIE: Commissioner Norris, you want to summarize your evaluation for us? COMMISSIONER NORRIS: Short version would be that I am not happy with the management style. My opinion of what the county administrator should do is to be the decision-maker. I'm simply not comfortable with the management by committee style that we are currently apparently using at the staff -- for the staff, I should say. The -- I think the county administrator would serve our county better if it was done with the -- of course with the input of all the division heads, department heads, so forth. But have the county administrator firmly serve the final decisions. I think that's what we pay him for. The -- there were several questions in the evaluation that related to integrity and so forth. And that to me was never a problem. I think Bob is a very honorable and honest person, and to me that has never been a concern. Another area of concern that I do have, however, is the -- I hear from the public that it's -- it has become more difficult in recent times to get phone calls returned and information from not just the county administrator's office but throughout the county, and I don't really have any way of evaluating that, other than what I hear from the public. I have the same concerns as several of the board members do about some of the information that has been forthcoming to the board during our board meetings. One area where I have been happy is in the budget process. I think last year's budget discussions went smoothly and in an orderly fashion. And I was generally happy with that. But I think the bottom line is that while I think Mr. Fernandez is a fine person and certainly gives no concern about his honesty or integrity, the -- his leadership style may not be the best suited for Collier County at this point. And I think that's really what we're here for is to make sure that we, as a commission, employ the people that are best suited to operate our county today. CHAIRWOMAN MAC'KIE: Okay. I'll go next in order. I will tell you the -- I'd like to start with the good news. The good news in my evaluation is, in all the questions that reflect -- have anything to do with ethical behavior, I have an immense respect for Bob's Page 11 May 25, 1999 professionalism and ethical behavior, and the fact that he walks the talk, he doesn't just talk it. So there are several A's on my evaluation where those questions arise. There's also an A on my evaluation with regard to periodic written communications in that I think that the improvement to the county's newsletter has been significant, and I'm particularly pleased with the way we're using Channel 54 in a much more productive and communicative way. I have some B's on my -- in my evaluation that have to do with the salary and benefits question. I thought Bob did an outstanding job. I was on the productivity committee last year and I was very pleased with the work that he did with that committee and with the completely changed pay plan that came forward, so that we no longer have automatic raises, we have pay for performance and merit raises, and I was very pleased with that. I had some questions about the implementation of that, as a result of the information Commissioner Constantine was kind enough to bring forward, and wondered if it were in fact utilized as effectively as perhaps it could be, and if it, like our evaluation process, perhaps could use some streamlining. I also gave B's on public speaking, attendance at public events. And on -- a B-plus on the budget presentation, particularly because of the interim quarterly reports that we've gotten. I've been very pleased with those. The bad news for me is basically the same as I expressed a couple of weeks ago and that is best described as what I see is a lack of strong leadership. One of the things I'm going to just tell you right up front is that I have just struggled, as all of you have, with this, not just over the last couple of weeks, but certainly over the last few months, because I'd known I was going to asking for evaluations and knew that I was going to have to say what I think. I can tell you, in my evaluation, and I have told Bob, what are the things that in my experience, in my experience with Bob that I think need improvement. And in some that I think need significant improvement, and that in fact had raised themselves to the level of my losing confidence in Bob's ability to manage the county. They have to do with -- we keep saying leadership style. But I'm not so sure it's leadership style as much as it is leadership or non-leadership. I -- well, let me get back to my evaluation and tell you some of the things that I have some D's and D minuses on. I have been dissatisfied with the thoroughness of Bob's responses to the board and to me individually, and have worried that he's not well versed in the issues. As simple as when we sit down to go over the agenda, sometimes I feel more familiar with the details of an item coming forward than the county administrator. He knows that that troubles me, because he's the professional, I'm the board of directors. I would hope that he would know more of the details than I. Question five has to do with my greatest concern to the board, and it relates to the same question, the familiarity with day-to-day workings of the county, and the fact that I again find myself concerned about who knows -- I said in my evaluation, who's minding the store if I know more about the day-to-day. I'm tremendously troubled by the fact that I've gotten some poor and in fact inaccurate information at times from Bob, and find that just completely unacceptable. Page 12 May 25, 1999 There are -- there are elements -- there are problems in the county that I think have been adequately communicated to Bob with regard to staffing and otherwise that require action where action has not been taken, and that is a serious leadership problem. Again, Commissioner Berry, I don't put the union organization efforts at the feet of Mr. Fernandez. I don't think that could have happened automatically upon his arrival. But I will say that regardless of the genesis of the problem, the outcome is essentially at Bob's feet for him to try to manage that. COMMISSIONER BERRY: And there is a plan. CHAIRWOMAN MAC'KIE: And there is a plan. COMMISSIONER BERRY: There certainly is. CHAIRWOMAN MAC'KIE: Two final areas. One has to do with the question of crisis management. And again, Bob and I have discussed this directly. For example, in the Building A debacle, as I call it, that was a case where with some strong leadership I think we could have avoided a lot of that confusion, and 45 different kinds of different applications coming in and thinking and deciding and re-deciding. I just felt -- I felt really unassisted in that regard, that we had to come up with the solution on the dias without any very good recommendations. Finally, and this may be one that is not fairly put in Bob's job description, but it's a tremendous need of this county. There's a question on the evaluation form about his ability to develop consensus among conflicting staff positions, and that made me think how useful it would be if our county administrator could help us as a board develop consensus. I can't imagine a more challenging request, considering that, shall we say, divergent personalities on this board. But as I've discussed it with Bob, one of the things that he has made me see is that perhaps as a result of single member districts, perhaps as a result of the personalities and divergent views on the board, whatever the reason, Bob and his staff are sort of the at-large representation at this county, and we need really strong leadership on broad views of what's best for the county as a whole. And that needs to be his position of advocacy, that he's not merely implementing our policy, but he's also advocating for the community at large based on his best professional judgment. That's the end of my evaluation. COMMISSIONER CONSTANTINE: I just wanted to touch on, before I talk specifics, there were a couple of questions that were repeated to me over and over and over in the last couple of weeks, and one of them, just why didn't we work with him privately first? Why didn't I talk with him privately first? And I did. And from comments that have been made here and in the papers, it sounds like other commissioners have as well. The key to that is those were private, so obviously they were not reported in the paper. And the unfortunate part of this whole process is that it is by requirements of law, it's a public process. And it's an ugly one, it's no fun, it's no good for any of us. And as I said a couple of weeks ago, this isn't about whether or not Bob's a nice guy. I don't think anybody up here will say they don't like him personally. I don't think anybody here will challenge his integrity, his ethics or otherwise. The question is the performance on the job. And you mentioned the Building A issue and the board had to come up with a solution. I think of the Marco Island City issue. It went Page 13 May 25, 1999 on for months and months and months, and it wasn't until the board stepped in that we came up with a solution. Last summer we had the issue with the transportation for the handicapped, and that was not addressed at the staff level, and the board stepped in and addressed the solution. And so I agree with you there, I think there is a problem as to it's not just leadership style. When we talk about empowerment, that can be an effective management tool for some people in some places, and perhaps it could be here. But here in this individual case, that may be the intent, but the result we've gotten in my opinion has been a detached hands-off management style. And unfortunately, Mr. Fernandez isn't as well informed as I would hope a manager to be. I was looking at your grades there, and I -- we had -- used to actually have a form that we do the administrators with so at least we were all using the same type things to judge with. But as I went through and I did the math real quick, there were three A's, three B's, seven C's and 10 D's or D-minuses. And the grade point average of that, if you start adding them up, is a D average. And the question becomes not whether Mr. Fernandez is working to the best of his ability, it's whether his ability is the best we can do in this community. And I just think as you look at these reviews, the answer is no. CHAIRWOMAN MAC'KIE: Do you think your review has been sufficiently discussed? Do you need to take us through it point by point? COMMISSIONER CONSTANTINE: Yeah, I know I touched the number of the questions specifically two weeks ago, so I won't do that again. CHAIRWOMAN MAC'KIE: Commissioner Carter, would you like to talk about your review? COMMISSIONER CARTER: A few comments, before I start this, if I may. CHAIRWOMAN MAC'KIE: Of course. COMMISSIONER CARTER: First of all, as the newest commissioner, regardless whether it's me or any other commissioner comes in, after six months in this position to be put into this position to evaluate the county administrator, I hope we can correct that process. Let's give any commissioner a year to work with whoever sits in that chair an opportunity to really understand what this whole business is all about, because it's a learning curve for me. Secondly, as I listen to all of this, my concern is, have we ever clearly defined the management abilities that we're looking for in a person that sits in the county administrator's chair? Regardless of the outcome of this evaluation and discussion this morning, I will bring to the board 30 management abilities that are used by executive teams around the country where we can rank order those in a priority that says in the future these are our expectations, these are the abilities by which we want to measure a county administrator. And that we have some consensus on that so that when we talk about communications and we talk about leadership, that we have some common ground by which we approach this. Now, I recognize that it can be a matter of opinion and preference of what you prefer, in a person that sits in the chief executive officer's position, which in this case is our county administrator. I like a participative style. I like a style that embraces and works with the other department administrators. Now, that's a high-risk position, because you give people a latitude to go Page 14 May 25, 1999 at risk to make decisions or not make decisions, and ultimately you're accountable for that. And sometimes it doesn't work as well as you would like it to work. And Bob and I have talked about this. I like his style. I would like to see him strengthen that process by perhaps being more assertive or being -- project more on that. But I have rated him in that area as being satisfactory. And what I mean by that, I think he's doing the job. He needs to strengthen that process to really make it work. And that's a transition. Because when you go from one style to another style, everybody on the team has to get used to it and do you trust the new style. That's a question that's always in front of you. And I think he's only been in it a short time, really, in two years, and I'm willing to give it a year to see if we really get the thing to roll out and make it work. And I've had this discussion with Bob on that basis. Generally, I only use a three-point scale when I evaluate people. They either exceed my expectations, they meet my expectations, or they don't meet them. That's a simplistic process for me. And there's many, many different ways. I used satisfy throughout most of my evaluation, as you have all read. And I've had the discussion with Bob about this. To me he is satisfactory at this point from my experience of being on this board. There are areas I'd like to see him improve. There are some areas I would like to see carried downward. But I think one of the big moves that he made is he wanted an organizational effectiveness study. And that gives you a tremendous amount of information to see what you have to do and how you have to get tougher in certain areas. And he may have to make some changes. He inherited a team. And actually, we said to him gee, we're not going to let you expand it. And I was one of the people that said, no, I don't want you bringing in a fifth person, you've got to work with what you have. In the business world, probably you take over, you may have cleaned house pretty quickly. You may have just dumped some people, good, bad, or indifferent because you want to bring in your own team. He didn't do that. He worked with an inherited team. And I have to give him high marks for that, because I don't know if that team always pulled and worked with him in the way that they could to maximize their own abilities. I think that's coming into place. But he has to ultimately make those decisions. So where I am this morning, and you have all read what I have said, is that I believe that he is satisfactory in his job and I would like to give -- from my perspective, I need another six months to affirm or to find out whether or not it is or isn't for me. So that's where I am this morning. CHAIRWOMAN MAC'KIE: Thank you, Commissioner. Commissioner Constantine had a comment. COMMISSIONER CONSTANTINE: Just some irony, I guess. A couple of times I've heard the comment and I read in the newspaper, the comment that the administrator hasn't been able to bring in his own team. And yet, if you look at all five of the evaluations, consistently the highest mark he gets is the question what kind of employees, what kind of management, what about his team -- I don't know how it's worded -- what about his team that he has in place. And everybody, all five of us, has suggested that that team is a good one, a strong one. We have very strong employees. Page 15 May 25, 1999 So I'm not sure that we can argue both sides of that. Either we think that's a strong team or we think it's not. And if we don't, then we can make the point that he hasn't been able to bring his own team in. But I think it's hard to suggest that we have a strong team but he should have brought some others in somehow. COMMISSIONER CARTER: Well, Commissioner, let me clarify that for a minute. I'm not saying that the people he has aren't strong. It takes awhile for the chief executive officer to get that team to pull together to and work with his style and his direction. And sometimes maybe they've got to get in his face more. But that's tough up front when you're not really sure, is he going to keep me or not keep me. So you've got to go through a period of adjusting to each other. But I would hope that they now understand and work with each other well enough that they can bang heads when they need to. They can do what they need to do to work on the objectives that we're setting forth as a Board of County Commissioners and go forward. And I suspect at this point Bob doesn't feel he has to make any changes, that he has a strong team. They need to work in lock step is what I'm saying. And I need another six months to see how well that's going. CHAIRWOMAN MAC'KIE: While we're on the subject of team, I'm just going to take this opportunity, I think I have said this in the newspaper, but I want to say publicly again, an apology to Tom Olliff for using his name in these discussions a couple of weeks ago, an apology to Bob Fernandez for having done that. I have apologized to both of them privately. Totally, totally inappropriate and ill thought out. And I continue to learn from my mistakes. So I just wanted to get to say that publicly. Other comments from the board? COMMISSIONER BERRY: I do have a comment. I had gone so far as to seek some help in looking at performance standards. This is merely a sample. This isn't complete in any way, shape or form. But I'd just like you to take a look that if Mr. Fernandez is to stay with us and be our county administrator, that perhaps this is something, a starting point, whereby we could look at the future and give him some clear-cut direction and expectation. And again, I'm not trying to step around anybody, but it's just a matter -- if you want to look at it, fine. As I said, this is not complete in any way, shape, or form. It's just something that perhaps we could identify and use to work from in the future. CHAIRWOMAN MAC'KIE: Commissioner Norris, you had another comment? COMMISSIONER NORRIS: Yeah. I think I neglected to touch on one other subject that causes me concern, and I believe you touched on it in your comments as well, Mr. Constantine, and that is that a lot of times -- well, I guess most of the time it seems that things are becoming very slow to be accomplished. I think that causes me a lot of concern. Even if it's something that the board has actually directed to happen, it seems like it just takes an exorbitantly long period of time before it ever comes about. I really don't think that's in the best interest of our county. If -- especially if the board directs that something happen, I think it's up to the staff to make sure that it happens in an expedient manner, as directed by the board. And that simply is not happening in today's county government. And once again, it is our responsibility as a board to make sure that we have -- since we only hire a handful of people directly, it's our responsibility to make sure that those people that we have direct Page 16 May 25, 1999 authority to hire are the best that we can find at any particular time to operate the county. That's only in the best interest of the citizens. That's our responsibility. As much as I like Mr. Fernandez, I don't think he's the right fellow for the job at this particular time and it's our responsibility to say so. CHAIRWOMAN MAC'KIE: I'm going to go ahead and tell you, and then I don't know, is this a matter in which public speakers had registered, Mr. Fernandez? MR. FERNANDEZ: Yes, Madam Chairwoman. You have two registered speakers and one that submitted late after the discussion began. CHAIRWOMAN MAC'KIE: I'm going to go ahead and we'll call those speakers after the board is ready for their -- you know, done with their discussion at this point. But I'm going to tell you where I have been in the last couple of weeks. I'm going to tell the board members this. I -- maybe it's law school training, but I see this issue as broken down into a couple of categories. One is procedural and one is substantive. And you're right, John, we have a tremendous responsibility to the citizens of this county, that we owe them the best administrator. We owe it to them. It's not a choice, it's not an option. But as I have evaluated that, I've looked at it procedurally and administratively -- I mean substantively. And procedurally, I have to say without a doubt, this is a flawed system. I'm grateful that we have Commissioner Carter on board now and hopeful that he can, with the productivity committee, perhaps lead us toward a system for evaluating the county administrator and the county attorney that is better than what we have, because we just don't have a good system. The other procedural thing that I have learned, frankly, is that as every staff member at the county is evaluated, they are given at the end of that evaluation their supervisor to develop an action plan, and it tells them here's are the things that we want and here's what we want to see accomplished, and here's what we like, here's what we don't like, and here's what we want changed. I have to say that as a board we haven't done that. And I have to say that if I were sitting in the seat of the county administrator, I could hear -- it would be difficult to determine what this board -- going back to that point about, you know, that we are a very divergent bunch up here. I think that we have to come up with a better process to evaluate and give consensus direction. God knows, you guys know, I've spent most of my tenure on this board being in the minority, so I understand that I may be in the minority and not like the direction that the board gives the county administrator. But the board has to give it, not individual commissioners. And that, among other pieces of our very flawed system is what's flawed most fundamentally with the process. On the substantive issue, which is the more weighty one, even though fairness is an important consideration, and that comes into the procedure. On the substantive question, that's where we have the huge responsibility, as you say, John, to do the best we can for the citizens of this county. My experience with Bob is as I defined it and laid it out in my evaluation, and it has some serious negatives. And I have the responsibility to communicate those. I will tell you, a week ago Tuesday when department directors led by John Boldt came into this room and said -- I mean, that was a Page 17 May 25, 1999 speech that John Boldt gave us. And on behalf of the department directors what he said was this man empowers us to think creatively and to come up with solutions. Please don't get rid of him. That cannot be ignored. Because as I'm looking out, I have my narrow field of vision and my relationship and association with Bob, and then there's a whole other category out here that I know nothing about, and that is, how does his staff feel about him. Well, what they told us is they feel empowered by him and able to think creatively. There's another place that I received input, that I'm sure all of you did, and that was the productivity committee. That likewise is another avenue of information and experience that I don't have. Those guys sit there for the very purpose of using their experience as, you know, the former CEO's of everything in the world. Because, frankly, we aren't. You know, I'll speak for myself. I am not a former CEO. I don't have management training and experience. I do have good common sense. But I'm grateful for advisory groups like the productivity committee who can say from the standard of professional evaluation, not only does your process stink, but you really have a really great administrator. Don't waste him, don't lose him. There's short-sightedness. So my perspective has come down to this, and that is I -- you know, God forbid that I ever think I'm smarter than everybody else. I can tell you what my perspective has been. I have done that in my evaluation. I, however, hear from staff and from advisors whom I respect and staff whom I respect, that there's more to the picture that I don't see. That makes me pause and say is there -- is there, therefore, some rehabilitation plan? Is there something that should be done? And it brings me in a circle back around to that process, that we as a board need to develop a plan of action, a work plan consensus direction for this county administrator and evaluate him again in November, which is six months or so from now, which is when his contract calls for evaluation, which is when Commissioner Carter will have had almost a full year, and set up standards by which we can measure his performance. That's the way I'm leaning today is that based on substance and procedure, there is -- there's still evaluation left to be done before a final decision can be made, because there's a lot more information out there than what I have experienced. Commissioner Constantine. And then Commissioner Carter. COMMISSIONER CONSTANTINE: If I can respond to a couple of things, just as far as performance evaluation and being able to measure that. There are actually two tools in place, and the most important is in the county administrator's contract that he has had since day one being here. Actually, since about two weeks before he started here. And it outlines eight specific areas that he's responsible for: Budget management, supervision, personnel management, leadership, execution of policy, departmental performance, relations with the board, and community relations. And so those performance requirements and expectation are very clearly defined. On supervision, we've heard concerns about the hands-off detached style, not being familiar with what's going on in detail. We've -- in leadership, I've heard at least three and perhaps four question that. Execution of policy, we've heard complaints of things slowing down, not being as responsive. Page 18 May 25, 1999 Relations with the board, obviously we have some concerns. Community relations, he's tough to get ahold of, and so on. So I think in those broad areas, that those are already very clearly defined. But then when we talk about more specifics, if we want to talk more specifically what we expect, we annually hold our workshop where we prioritize what our top priorities are, and we set that as an annual policy, which is our role to set policy. And it is the administrator's role to carry out that policy. And so I think you have a very clear -- I understand and your point is a good one, that you must have something that you are clearly being judged upon if you're playing the role of administrator. But I think we do have that, between the county administrator's contract and the more detailed workshop that we have every year, putting in place specifically how we expect those eight areas to be carried out. What are our top priorities, what are our mid priorities and what are the things we think don't necessarily need to be addressed. So I think there has been adequate opportunity to do that. I just wanted to respond to that one item. And the second one is, I appreciate -- I think the world of John Boldt, and I appreciated his comments last week. But -- and that may be representative of several employees. I've had private conversations with employees who don't feel the same, who feel exactly the opposite. But no employee is going to stand at that podium and share that in public, because next week they may still be working for Mr. Fernandez. And so I think we need to temper that a little bit and be careful. Because it's certainly much easier to get up publicly and say something positive. And I'm glad John did that. As a matter of fact, I jotted him a note in that while we disagree on Mr. Fernandez's performance, I certainly respect him for doing that. But I just think we need to balance that out. Because there certainly are staff members who have communicated some concerns, but they're not going to do that, nor should they, in the public forum. CHAIRWOMAN MAC'KIE: Of course. And I neglected to say one thing, and that is, as I go through that whole procedural -- you know, the procedure's flawed, it gets me back to the substantive analysis, and the questions -- you know, on a fundamental level, the questions that I have are maybe two. One is the question that I had when we hired Bob, and that is, can a person go through what he has in the public process through the politics of the job that he has and not develop a bunker mentality? Can he use the skills that he clearly has to rise above the public messes like this one right here to use -- to rise above the bunker and take chances? That's the one theme. And the other theme is that fear that I have about, you know, who's minding the store. Familiarity with the day-to-day, with the real gut level operations of the county. I will tell you that in response to that concern, Bob has -- and you guys know this, I think, in a memo he told us that he's developed a new policy for meeting with division administrators. He's going to meet on-site. He's going to go to the sewer plant instead of talk about the sewer plant with a graph and a chart. That, as an example, of a more direct hands-on management style gives me comfort that that piece of it, that substantive issue may be able to be addressed and I'm willing to see if it can be. Page 19 May 25, 1999 And then on the question of whether or not he can raise his head above the bunker. Heck, what's he got to lose? He's being told raise your head above the bunker by three commissioners. That sounds like the way to keep your job. So I think that maybe that, too, can be solved. I promised Commissioner Carter and then Commissioner Berry. COMMISSIONER CARTER: Let me just talk about little bit about process. I mean, we go through a planning process where you're setting goals and then you set strategies. The goals tell you what you want to do, strategies tell you how you're going to do it, and then you've got the action steps. And the action steps are actually where we begin to evaluate the administrator and the staff, et cetera. And we're working that process. But I'm going to come back to that you've got to get the linkages. You can do that. Then you have to determine the abilities that you want in your chief executive officer. Which I don't think we have really -- even though as Commissioner Constantine points out there are eight points in the contract, we haven't really clearly defined those abilities, and I think that is a step that we need to do. And as Commissioner Berry has presented, then you've got the performance standard. And I think collectively, if we agree on the abilities, and then we can sit collectively and say these are the performance standards, our expectations as a board. Then you give clear direction to whoever sits in that chair on how he can execute the goals that we have set and the strategies that we have developed in our processes. Right now, I don't think that -- we're doing pieces of it, but we haven't linked it together. And I think that's where you're going with the discussion, Madam Chair. And I think that's what we need to do. And we will be a better county and we will be a better board and we will do a better job with our administrator and county attorney when we do that process. And if we don't, I think six months from now we can be sitting here going through the same ugly process. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I really concur with what Jim has offered, because I think this is exactly where the problem is. One of the things that I don't think that we have done as a board -- and last year I was the chair and we went through the evaluation process, I tried to avoid this kind of an affair because of the feeding frenzy of the media. Okay, well, that didn't pan out, because all of us spoke with Mr. Fernandez. The problem was that he had five individual directions, and what it should have been is that we should all bring our directions to this board table and then decide what directions we need to tell him. And if three of the board members decide that this is the way it should be, then that's what he should follow. And if you happen to be the loser, well, that's unfortunate. That's the way it works. So what we have failed to do as a board is to give him some clear-cut direction. Right now he's got five different bosses who do not concur on how we ought to manage the county. And he has his own style. Now, if you wanted somebody similar to what you had in prior years, then that's a different management style than what Mr. Page 20 May 25, 1999 Fernandez has. Now, if that was important to you, then you should have thought twice about what happened prior to his coming here. But anyway, we have not articulated our thoughts and desires. I mean, sometimes I think be careful what you wish for, okay? You just -- we have not done a good job in telling him what we want. Each of us may have told him what we want, but collectively, who is he to serve? If I'm 180 degrees away from you, Pam, who's he going to serve? Is he going to serve you or is he going to serve me? CHAIRWOMAN MAC'KIE: He better serve wherever there's three of us. COMMISSIONER BERRY: That's right. But we don't know what that is. And until we can sit up here and articulate this and agree on the things that we expect him to do and go in that direction, then we can't sit up here and be critical of him. Now, if you expect him to respond to every single phone call from the media, you know, that's one thing. If you expect that, then you need to tell him no matter what, once that phone call comes in, you need to grab that phone and respond immediately. Now, if three of us up here think that that's important, that's fine, okay? But if you don't, and if you think you'd rather have him doing something else, then that's something else, too. Or he may be able to address this in a different manner. So I think it's up to us to decide what it is we want to do. COMMISSIONER CONSTANTINE: I think each of us knows that working in the public forum and particularly working for five different individual bosses is about as challenging a thing as you can do, but it's not just what will policy be the three of us agree on. To go through our reviews, timely, accurate information. That isn't about style, that isn't about what any one of us thinks. That's just a basic management necessity, providing timely, accurate information. And that's consistent through virtually all of our reports. And those are really the things where we get into issues. We're going to -- not only are we going to disagree on policy items, we're probably going to change our own minds from time to time over the years. And you know, that's an ever-changing thing. And you get new board members and that alters the balance again. So that's not something we're going to magically set in stone one week and Mr. Fernandez or any other administrator is going to be able to follow exactly what that policy is going to be for their entire tenure. But there are some just very basic principles of management, like providing timely, accurate information. COMMISSIONER BERRY: I've got to tell you, Tim, you are cool. COMMISSIONER CONSTANTINE: If we can't do those, then we've got a real problem. COMMISSIONER BERRY: I got another comment, Madam Chairman. CHAIRWOMAN MAC'KIE: Go right ahead. COMMISSIONER BERRY: That's exactly what I come down to when you get to performance standards, Tim. It would have been very helpful when I came on this board as a new commissioner to have had something in my hand that would have said if I need to have communication with the administrator, what's a reasonable time in an expectation of an answer? Okay? And we all knew that this was what it was going to be. Now, if he responds to you in 20 minutes and he responds to me in two days, okay, then we've got a problem. Okay, he doesn't know -- you know, maybe your expectation is 20 minutes, all right, but we've never really said what is the expectation for returning information, as far Page 21 May 25, 1999 as I know. We've never dictated that. We've never said to him what that reasonable expectation is. And if he says, look, I can't get the information back to you because the department heads are reporting to me, which they should be doing, then what is that reasonable expectation? Two days? Two weeks? Two months? I don't know. But we've never really said. We've never sat up here. Pam, I don't know what your expectation is. COMMISSIONER CONSTANTINE: I think the expectation that all of us have is that we will actually get a response, which I don't always, regardless of what the time frame is. And the other expectation that we should have is that it's accurate information. And so again, I agree that timely to you and me may be something different. But there are some very basic things that have been missing. And actually getting a response and getting an accurate response has not happened consistently. CHAIRWOMAN MAC'KIE: I'll tell you my experience is not -- my problem has not been not getting a response. Frankly, I would say that I have -- where I have had problems it has more often been, for example, with the sewer plant issue that in his haste to get a response to me, I got inaccurate or incomplete information that allowed me to draw inaccurate conclusions and to be concerned about things that weren't necessary to be concerned about. But my concern about his ability to deliver accurate information is addressed by the in-the-field meetings and the more direct hands-on approach that Mr. Fernandez has offered. I also, just before we go to public speakers, want to -- because this is the only way these things can happen is to ask Commissioner Carter if you -- and perhaps productivity committee would be willing, in the month of June -- I think we need something as prompt as in the month of June, to develop these performance standards and to as a board vote on them, identify them, give this direct clear direction to our county administrator so that he knows what it is we're going to be evaluating in November when we do his evaluation under his contract. I'm not asking for you to answer it, but I'll tell you, I need that help, whether it's from productivity committee, Mr. Fernandez can help us come up with some -- you know, it does feel almost impossible, Tim, to say what are the measures by which -- I don't know how to do it. But I am told that there are professionals -- I know Mr. Carter -- Dr. Carter, is in the business of doing those kinds of things. And I'm hopeful he can help us develop a procedure promptly that we can use now that we can re-evaluate in six months. COMMISSIONER CONSTANTINE: I guess I just reject the notion that after 20 years at his level of his profession that Mr. Fernandez doesn't have any idea what his board might be looking for. And I haven't heard him say that, but I have heard a couple of commissioners say that. I just don't know that I can accept that. CHAIRWOFIAN MAC'KIE: That's not what I'm saying. What I'm saying is I want to give him concrete measurable -- I want to give him what every other county employee gets and that is, what was it called, an action plan, a work plan, something like that, where your bosses tell you this is what we want. And so that's what I'm saying, not that he doesn't have any idea what we wants. COMMISSIONER CARTER: Well, Commissioner Mac'Kie, I think -- I hear what you're saying, but ultimately it gets down to getting a consensus from this board of what the standard of performance is going Page 22 May 25, 1999 to be in a dialogue with the county administrator. And that may require a time where we set -- once we have designed what we think are the standards, and present it to him, when we can discuss it and we can get a consensus that says in this framework we agree this is how you're going to be measured. Now, there's always going to be individual interpretation of that. How fast he responds, how well he does it, how well he executes it. That -- each commissioner has to make that decision in evaluation, and that's personal. But if you've got that framework, then I'm an in-your-face kind of guy. I meet with him weekly to say I don't like how we are executing the standard, I want a better response time, I want more action in this area. And then he has an opportunity to respond to that. But we don't have a consistent framework on which to do that, and -- CHAIRWOMAN MAC'KIE: That's what I'm seeking. COMMISSIONER CARTER: And I think we can develop that, but we have to -- and perhaps the productivity can help us with that process, but ultimately we have to be the decision-makers of that. CHAIRWOMAN MAC'KIE: And clear. But it's the framework that's missing. We don't have one. COMMISSIONER NORRIS: It seems to me that this discussion this morning has gotten lost in the process. The process is fine, and I don't have any objection to doing something to streamline that or enhance that process for the future. But we're left with today, the situation that we find ourselves in today, with the process that we have established in the past. And what's far more important than process is results. And I'm looking at results that I rated last November, and I don't see any material change in what I ranked last November. Now, last November I wouldn't have considered going to this step, because I feel as though, you know, someone new on board in a new organization needs some learning time. But the evaluations last November were -- had these same common threads in them. And in the intervening six or seven months, I don't see any marked change. And that's why I'm willing to be, at this point in time, where we are today, where I wouldn't have considered it last November. So process again is fine and we can improve that for the future, but we're looking at results today over the last six or seven months. COMMISSIONER CONSTANTINE: And I think that's an important item is, I've heard one commissioner say today, well, maybe we ought to look at six months. And I understand you've only been on board for six months. But when we did our reviews, these -- I like your term there, there are common threads from the reviews that were done six months ago with where we are now. If anything, they seem to be less satisfactory now. And so with a suggestion that perhaps there ought to be a six-month chance to try to improve on that, I suggest we've done that. We've had six months since some not very favorable reviews last year, and actually, that process started in September, so we've had more than six months. CHAIRWOMAN MAC'KIE: Let's hear from the speakers who've registered and no problem about the late one. MR. FERNANDEZ: Okay. The first two speakers are Buddy Brunker and David Correa. MR. BRUNKER: Commissioners, I'm Bud Brunker. I'm a resident of Naples, Collier County, and I'm speaking on behalf of myself, not my Page 23 May 25, 1999 company, okay? And I want you to understand that. I live at 208 Dearwood Circle, in Lely. And I'm here to speak on behalf of Mr. Fernandez today. I think as a resident of Collier County, the short period of time that he's been here and the issues that he's had to address, he's done an outstanding job, in my opinion. And some of the other folks that I deal with in the community and talk to on a daily basis feel the same way. I think Mr. Carter -- Commissioner Carter has had the right idea to try and set standards by way -- by way to gauge the productivity and the standards that Mr. Fernandez should go by, and give him the opportunity to at least show you that he can do the job. I don't think -- in sitting here listening to you all, I don't think that the guidelines that you have really set up for him to work by have really been defined. I mean, if I had to work under the standards he has had to work under without any clear guidelines, I don't think I could have done the job either. And having five bosses instead of one boss to report to, that's even additional. And in essence, really, when you look at it, Mr. Fernandez has about 200,000 bosses to report to. So anyway, please think very seriously about your decision that you make for Mr. Fernandez. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Mr. Brunker. MR. FERNANDEZ: Next speaker is David Correa and then Kenneth Thompson. MR. CORREA: Good morning, Madam Chairman and honored Commissioners. My name is David Correa. I'm a resident of Naples for five years. I retired from the New York State Supreme Court as a principal court clerk. And since coming here, I've involved myself in numerous organizations and activities. And because of those involvements, I have had contacts with some of the parties here. I'm here to speak on behalf of the county administrator, Bob Fernandez. I first met Bob about 18 months ago in this building. We passed each other, we greeting, we shook hands, and he continued walking. The next time was at a taxpayer's group. Once again, he greeted me. He appeared last month at the Hispanic Affairs Advisory Board meeting of which I'm a member through your good offices. The meeting itself was tense and explosive at times due to the issues that were discussed. I'm quite certain Commissioner Carter would agree, but throughout the meeting Bob Fernandez showed restraint and the ability to control the situation by reasoning and articulating the problem and the possible solutions in a clear and concise manner. Once again, Commissioner Carter, I apologize in a most honest and sincere manner for myself and for anyone else who may have offended you that evening. I've also called Bob's office about six months ago to complain about certain issues. He returned my calls and discussed them at length at that time. There has been criticism of Bob's failure to communicate with the public. Compared to whom? By contrast, his predecessor, whom I have seen on numerous occasions at this location and others, including meetings, never took the time to say hello. Never greeted me. Never offered his hand in friendship, okay, until we were formally introduced at a reception at the Pelican Strand. Page 24 May 25, 1999 One of the other criticisms was Bob's lack of leadership qualities. Let's examine that a little closer. Bob was county administrator for 11 years at Alachua County, is it? CHAIRWOMAN MAC'KIE: Alachua. MR. CORREA: Alachua. After a national search, he was selected by you to be county manager. But he was told to give a larger role to Leo Ochs, is it? CHAIRWOMAN MAC'KIE: Ochs. Doesn't matter, we know who you mean. MR. CORREA: Support Services Administrator, who sought the job for himself. He was also told not to remove or replace any of the staff in office, who incidentally had just received large increases in salary through the good offices of Neil Dorrill. As one of his final acts before he left office, he came into an office almost certain to be doomed to failure. Cynics miHht say he was set up just to give the job to someone else. His one attempt to hire an executive officer was denied by the commission after originally approving the position. The commission decided to cancel the position and the agency. He's an administrative figure head at this time only. He has no true powers. He cannot remove or promote. He administers by consent only. It has been stated Fernandez gave incorrect information to Commissioner Mac'Kie. The next statement should be, who Have County Administrative Fernandez incorrect information and what steps have been taken to prevent this from happening again? To remedy the situation I would suggest the commissioners remove the restrictions placed on Fernandez. Let him do his job properly the way he was trained to do. Give him the freedom to perform his task. He should at least have the same authority and powers that his predecessor had, including the right to discipline or remove incompetent or uncooperative staff. And most important, to appoint and reward qualified personnel. To the commissioners, I do hope you accept my statement and opinions, which are only mine, stated with the best intentions. For an administrator without an old boy network, new to Naples, who needs both support and friends. But perhaps the last thought you should have is the statement by transportation services director Ed Kant, who said it better than I can ever say. If I may quote Ed Kant, "He doesn't have to be out front leadinH the parade, he inspires people to do well, that's leadership." CHAIRWOMAN MAC'KIE: Thank you, sir. COMMISSIONER CARTER: Thank you for your comments. The Hispanic Advisory Board owes me no apology. They're a Hreat group. We had a very lively discussion. We disagree on one area, and that is English as the official language of government. But we are in lock step agreement that a diversity -- that I'm an avid supporter of that. So I enjoyed the meeting. Thank you. CHAIRWOMAN MAC'KIE: I also just have to comment that I'm -- I think you may be under a misimpression that Mr. Fernandez was not allowed to hire and fire whomever he chose. He did have one division administrator position that he brought to us that we refused. COMMISSIONER CONSTANTINE: Which the law requires consent from the board. CHAIRWOMAN MAC'KIE: Right, right. As Commissioner Constantine said, the law does require that. But he has certainly been given no Page 25 May 25, 1999 direction that he can't fire or hire among his staff as he wishes to. And I just think that bears stating for the record. And the final speaker? MR, FERNANDEZ: We have two more speakers, Madam Chairwoman. The next is Kenneth Thompson and then Bill Boggess. MR. THOMPSON: My name is Kenneth Thompson. And I want you strictly to understand, this is my say and nothing from nobody else. And Mr. -- COMMISSIONER NORRIS: Norris. MR. THOMPSON: You've been in trouble, right? COMMISSIONER NORRIS: Uh-huh. MR. THOMPSON: Okay, why are you blaming this gentleman? This man here is one of the most -- and don't come around here telling me that you can't get ahold of him. I've been in his office of a morning, lots of mornings, when we's putting a card in. I can't get no help from him through you people. And Pam, you only showed at the Golf Gate redevelopment just to raise the tax. Everybody was wondering where you were at. And Mr. Norris, we can't get no help from you from the tipsy sea buzzard. That's what I call it. I'm telling you, I'm not going to keep living like a hound dog. Man, I'm going to tell you what it's like. I don't care. In my life, I'm being cut on every day by the doctors. I'm headed tomorrow for more surgery. I'm asking you, quit picking on a gentleman and pick on yourself. And you take a 90-degree turn and listen to what that lady has to say. Because you're always pulling the platform out from under people when you always should be on the short end and maybe take a fall yourself. Because you should have never been elected again, in my heart. I'm going to tell you like it is. And that's Mr. Fernandez is a great guy. And anything you want to do to me, I'm ready, let's get it on. I'm sick of you. I'm real sick of you. And about the Good Wheel deal, I know a beauty parlor in my heart (phonetic) for 38 years, that Good Wheel dropped this lady off at that beauty parlor. I had to go get him out of the beer joint to get him to come to get the people. Mr. Fernandez didn't have nothing to do with that. He wasn't even here. And you got two real good people here. Look at yourself in the mirror, like I did in 1987. I had to take 180-degree turn, and I've been looking in the mirror every day of my life. And what I see, I like it. And now to give .me a pair of glasses. My Mrs., she's a Gulf Gate neighborhood watch. She's just a good person. And I think you people ought to look at yourself and leave Mr. Fernandez here to do his job. Because I know he's here, and I've asked myself many a times, 7:30 in the morning, he's here, why are you five people? I'm going to eliminate two of you, this gentleman and this lady. I'm wondering where you three are. And I need somebody to help me with this tipsy sea buzzard and that noise. I can't take it no more. I'm going to warn you right now, there's a lawsuit heading your way if you don't stop it. And don't tell me to leave my home no more. I've been told to leave my home and find me a place somewhere else. And I would appreciate you to help me with that. That's all I got to say. Mr. Fernandez, I hope in your heart that you stay, because you've done nothing wrong to these people. Looks to me like they're doing it to you. Page 26 May 25, 1999 CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Final speaker is Bill Boggess. MR. BOGGESS: Good morning, ladies and gentlemen. It's been quite a morning. I bring forth to you a letter which you have received several copies of. This is a letter that Mr. Fernandez sent to me October 9th, 1997 with regards to the three to five million dollar wasted beach renourishment project. He had been submitted all sorts of proof and documentation of this unlawful project which was carried on by Coastal Engineering, unauthorized work. He states -- after receiving all the backup information that Ms. Mac'Kie finally got to me after 29 weeks out of the OCPM files, he states: "It is my opinion that the decisions that have been made by the Board of County Commissioners regarding the beach renourishment project have been made as a result of a fully open process during which the county staff clearly presented the existing situation, the available options and the potential consequences of each. I also understand that you do not agree with either the staff analysis of the situation or the staff interpretation of the vendor contract." This was dated October 9th, 1997. Of course you got the response from the Florida Department of Environmental Protection on March 25th, notice of violation of your permit. You also received a copy of noncompliance letter from the Corps of Engineers, each of which supported everything I said in my letters to Mr. Fernandez. To add insult to injury, you at that time had a new director of public works by the name of Mr. Ed Ilschner, who Mr. Fernandez ran this letter by him and your director of public works said, "Overall, a superb letter, touching on all the salient points. And I would hope this would provide closure. Thanks again, Ed Ilschner." As you know, there is a three to four million dollar waste on that beach project, and you're currently going after the wrong person. There is evidence that your consultant, Dr. Michael F. Steven, without authority, performed unlawful acts on that project, which resulted with rock being buried in the beach. And that's all I have to say. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Mr. Boggess. Is that it for public speakers? MR. FERNANDEZ: Yes, that's it. CHAIRWOMAN MAC'KIE: My direction, my vote, if it comes to a vote today, is going to be that we, by the end of June -- our last meeting in June is the 22nd -- that we, as a board, vote on some performance standards. Again, I keep asking for -- I have a mental block. What's the name of that, Mr. Fernandez? MR. FERNANDEZ: Plan of action. CHAIRWOMAN MAC'KIE: Plan of action. That's what every staff person in this county gets, that we, as a supervisor of the county administrator, vote on and adopt a plan of action for the county administrator, and that that be the benchmark by which his progress is measured at his evaluation in November. COMMISSIONER CONSTANTINE: Couple of comments. A couple of folks up here have indicated and then it was repeated by speakers about there being no guidelines for Mr. Fernandez. I don't want anyone to misunderstand. We can disagree as to whether or not we need a stricter performance standard, but to suggest that there are no guidelines is inaccurate at best. There are eight specific areas that are outlined in the county administrator's contract. We have the annual workshop where we Page 27 May 25, 1999 prioritize what our top priorities are. Clearly, we have not only the prior review of him from last year, but annual reviews of our county administrator every year which spell out what we expect and what the shortfalls may be, what the strengths may be. But those are a fair place to look as well. We all have week to week contacts with the administrator as well, and those by themselves should provide some guidance. And then of course the regular board meetings where we meet and provide guidance as a group. So any suggestion that there are no guidelines whatsoever I think is misleading at best. Mr. Thompson said as he walked away from the podium, he looked at Mr. Fernandez and said, you've done nothing to these people. Which is absolutely true. This isn't about Mr. Fernandez doing anything to me or to any of the other commissioners. What I mentioned before, it's not a question of whether he's a nice guy, it's not a question of whether he's ethical. I like Bob, and I think he's cut from a good fabric. It's not a question of whether he's working to the best of his ability. It's a question of whether his ability is the best we can do. And as we look at these performance evaluations, both from last fall, those that were written in the fall, and those that we got today, we have two commissioners who are calling it satisfactory and three that are very clear that it is less than satisfactory. So that is clearly not the best we can do. And so we may disagree over how do we get to the best we can do, but I think we can do better than what we're doing right now. CHAIRWOMAN MAC'KIE: And Tim, I just want to respond to that by saying I think you're right, that today we have three evaluations that clearly say less than satisfactory. The problem is, we haven't had that before today. The problem is we have had, as you say, separate one-on-one discussions and we have had board meetings where we individually say how we feel. The piece that's missing -- and as I've researched this, and you know, as I'm sure others have too, when you look at CEO evaluation procedures, it's an elaborate process out there. There's a lot of information out there. There's a lot -- you know, there's a better way to do it than what we are doing. Even though I agree, we do have some guidelines. It's not true that we're totally out to sea. But there is a much better way to do it. And I want to see us, through consensus direction, a majority of the board, instead of individually, which is all we've ever done, is individually give direction. And, you know, you and I may be diametrically opposed on the direction that we give, and then it will come to two other commissioners to join or disagree with one of us. And that will be the direction. The individual direction of five commissioners is not sufficient. That's the bottom line. And we need to give consensus direction. Commissioner Berry? COMMISSIONER BERRY: Madam Chair, if it's appropriate. I'd like to make a motion at this point. I think that we should have a motion and vote it up or down, but I would like to make a motion that we retain Mr. Fernandez as our county administrator and that at the end of June, perhaps we can have a set of guidelines that we can issue to Mr. Fernandez. And then in November, which is the annual evaluation, which is six months prior to his contract date, that we evaluate him based upon those guidelines that we provide for him. So I'd like to make that motion. Page 28 May 25, 1999 CHAIRWOMAN MAC'KIE: Is there a second? I'll second the motion. Is there further discussion on the motion? If not, all in favor, please say aye. Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: That motion passes 3 to 2. I'd say it's a good -- I'm sorry, you had something else? COMMISSIONER CONSTANTINE: Let me just say one thing. We've spent a lot of time talking about the flaws in the process. There is one thing in our process that a lot of communities don't use that is a very good one. It can be a painful and uncomfortable one, but that's the 14-day cooling off period. Two weeks ago we had three folks who said they thought perhaps it was time for Mr. Fernandez to go. And after two weeks of discussion, research, careful thought, we've come to a different conclusion. And while I may disagree with that conclusion, I respect the majority of the board. But I think that speaks volumes -- CHAIRWOMAN MAC'KIE: It does. COMMISSIONER CONSTANTINE: -- for the good part of our process, and that is that it is deliberative, it's detailed, and it gives us an opportunity to make sure we're making a well-informed, well thought-out decision. CHAIRWOMAN MAC'KIE: I appreciate that, Tim. That's a very good point. Because that is exactly what has happened for me over the last couple of weeks is getting more information from a lot of different sources. How about if we take a 15-minute break. We'll come back at five till. (Brief recess.) Item #7A DEPUTY SARAH LANIUS REGARDING THE USE OF SURPLUS LAND ADJACENT TO THE EXISTING LANDFILL FOR THE POLICE ATHLETIC LEAGUE - STAFF TO BRING BACK AS A REGULAR AGENDA ITEM CHAIRWOMAN MAC'KIE: We'll call the meeting back to order for the Board of County Commissioners. Let's see, the next item we have on our agenda is 7(A), which is a public petition. COMMISSIONER CONSTANTINE: Did we have a 6(A)? CHAIRWOMAN MAC'KIE: Did we do 6(A)? We don't have a 6(A), I don't think. So 7(A) is Deputy Sarah Lanius. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: Mr. Fogg has asked to speak on behalf of -- CHAIRWOMAN MAC'KIE: Sarah -- MR. FERNANDEZ: -- Ms. Lanius. CHAIRWOMAN MAC'KIE: -- you've changed. MR. FOGG: Yes, same as last time. CHAIRWOMAN MAC'KIE: Please go right ahead. MR. FOGG: Thank you very much. My name is George Fogg, 628 Woodshire Lane, here in Naples. Page 29 May 25, 1999 On behalf of the panel board, I'd like to thank you for the opportunity to speak and present our petition for the temporary use of the undeveloped lands adjacent to the county landfill. As you know, the Collier County Sheriff's office is formulating a chapter of the Police Activity League, the PAL. PAL is developing one element of the program to educate the youth in -- youth in the proper use of off-road motorcycle and all-terrain vehicles. With the help of the Southwest Florida Trail Riders Association, Dan Tripp is here representing them, and he'll speak briefly to you. We are hoping to sponsor a one-day event called a Funduro. And we are pleased to announce -- this is a fund-raising event for the PAL. We're pleased to announce that we have completed the necessary paperwork and steps to forming our chapter of PAL, and we anticipate full membership of PAL within the two weeks. Some of you know we've spent a lot of time and effort getting this program initiated, and it's finally proceeding on. The purpose of this event is to raise funds to help sponsor the PAL programs. There will be lectures at the site explaining the overall PAL goals related to the OHV issues, such as safety, responsibility and respect for the environment. On hand will be PAL and the motorcycle club. And these club members will be there to demonstrate proper riding and safety procedures. To initiate the local PAL program, we would like support from the county allowing us to use the surplus land adjacent to the existing landfill for the PAL Funduro event. At this time, I would like to have Dan -- there he is. I'd like to have Dan explain what a Funduro is. And we'll make this very brief. We talked to you before about our desire to get this thing going and now we're ready to move. Thank you. CHAIRWOMAN MAC'KIE: Okay. MR. TRIPP: Good morning. My name is Dan Tripp. I live at 2060 21st Street Southwest in Golden Gate Estates. I'm the local representative of the Southwest Florida Trail Riders. As you know, we've been trying for quite a while to find some property to put on a Funduro for the fund-raiser. This property would be very beneficial to us to show the community what we can do and be very responsible doing it. The Funduro will consist of a loop-like trail, utilizing existing trials that are on the site and possibly adding a limited amount of new connecting trails. That will create a continuous loop so that trail riders are not in conflict with direction. Members of PAL and Southwest Florida Trail Riders will create a loop trail system properly marked -- excuse me, I already said that. There will be check points placed throughout the trail maintained by event organizers and volunteers, so that every so often there will be someone there in case there's need for direction or assistance. We will also provide insurance for this program. We know that there's a noise issue, and we are going to undertake a noise level study at the site. We have DD reading devices that will ensure that any quad or motorcycle that comes on the site will meet these standards, or it won't be allowed. The other thing that we will provide is assurances that all riders will be -- will have the proper safety equipment. Helmets, goggles, boots, full clothing will be required so there won't be just people out there riding without proper safety equipment. CHAIRWOMAN MAC'KIE: Can I interrupt you? Just because -- Page 30 May 25, 1999 MR. TRIPP: Yes. CHAIRWOMAN MAC'KIE: -- the purpose of a public petition is just to see if there is sufficient interest among the board members to give direction to staff to work with you. I think it's a great idea. My only question will be from Tom Olliff is whether or not it's something that the parks and rec. guys can work with you to help organize, or if anybody sees any potential negatives. Because the positives seem to be blatantly obvious. MR. OLLIFF: For the record, Tom Olliff, Public Services Administrator. Actually, I think this is a straight use agreement type item that you would probably have your county attorney's office draw up a use agreement that protects you in terms of hold harmless and insurances and those type of issues. I think on the other hand, it also provides us a good opportunity to actually have an event where we can do some noise and decimal reading issues as well. COMMISSIONER CONSTANTINE: The only question I had was access for a one-time event. How will we handle that? MR. OLLIFF: We would have to sit down with them as part of the agreement and I think look at the existing landfill site, because I think there are going to be some parking issues and some access issues. But obviously the only access to that property is going to be through the existing landfill, and so there's going to have to be some possibly trail access, if you will, even to get to the property. But I think from the staff's perspective, we've seen the event, at least as its proposed, and don't have any objection to sitting down and trying to work out some sort of an agreement for you to consider in final form in two weeks or 30 days or whatever it might take. COMMISSIONER CONSTANTINE: Madam Chair, if you're polling the board, I think it's a great idea. COMMISSIONER NORRIS: I'll go. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: Well, again, the only thing I'm concerned about, because I have received -- this is back when the discussion was going on about the use of the property is the noise, that we need to make sure that you monitor that very carefully. Because I'll tell you, they're going to be listening. And that we make sure that our agreements, you know, insurance-wise and all those kinds of things on behalf of the county are in place. And then working obviously with the staff to make sure about the access to the property and so forth. COMMISSIONER NORRIS: This is a one-time event; is that correct? CHAIRWOMAN MAC'KIE: And it's a good test. I mean, the pressure is on, you guys. Make it something that can work or we won't be able to talk about it in the future. COMMISSIONER CARTER: I think it's a good idea. Are there any environmental issues, Mr. Olliff, that we -- have to be taken into consideration? MR. OLLIFF: None that I'm aware of. Ty may know of some, but none that I know of other than noise. I think if there are some existing trails, in fact -- CHAIRWOMAN MAC'KIE: And there are. MR. OLLIFF: We will just as a precaution sit down with our own environmental natural resources staff to make sure there's not any red cockaded woodpecker or any other issue -- Page 31 May 25, 1999 COMMISSIONER CARTER: Well, tell them to take a vacation that day. CHAIRWOMAN MAC'KIE: Okay. So it sounds like there has been sufficient direction given for the staff to work with you on that. There are other public speakers, but they may want to -- COMMISSIONER CONSTANTINE: We don't take public speakers in a public petition. CHAIRWOMAN MAC'KIE: Oh, that's right. You're right. I'm sorry. We don't even do that on public petitions. So we've given direction to staff, and good luck. MR. TRIPP: Well, thank you. Item #TB TOM HENNING REGARDING A LANDFILL HOST FEE - SOLID WASTE STAFF TO LOOK AT OTHER COMMUNITIES AND COME BACK TO THE BOARD WITH A RECOMMENDATION CHAIRWOMAN MAC'KIE: Thanks. Our next public petition is Tom Henning about a landfill host fee. So glad to see you here on this issue, Tom. MR. HENNING: Thank you, Madam Chair, commissioners. For the record, my name is Tom Henning, resident of Golden Gate. What I'm requesting of this board is to amend the Waste Management contract to accept a two-dollar host fee per ton at the Naples landfill, paid by Collier County. And to be given two dollars a ton to a nonprofit organization made up of Golden Gate residents appointed by this board. This host fee, I'm not looking as to supplement things like transportation, parks and rec. What I'm looking for it to do is something unique that taxes don't support, and such ideas as refuge shelters for elementary school children in Golden Gate Estates area; to improve private roads east of the Naples landfill, those folks out there are greatly impacted by the traffic at the Naples landfill; to improve a platted neighborhood in the Golden Gate area; or to add a sheriff's deputy to monitor and cite the traffic, truck traffic, of the Naples landfill of the trash that is littering our highways out there. Things of that nature is what I would like to see this host fee used for. And if the board so desires, I would like to -- myself and citizens, to work with the Chair to work out the final details of this host fee. CHAIRWOMAN MAC'KIE: I've been excited about this as a possibility ever since I've heard about it. It seems to me to be just fundamentally fair. The fact of the matter is, there's a negative impact even if we solve -- even when, excuse me, when we solve the smell problem. There is an impact on the community that should be compensated. And the host fee seems to me to be a fair way to do it. I would love to try to make some lemonade out of this for the people in Golden Gate, and hope there's some support on the board to push this forward for staff to work on it. COMMISSIONER BERRY: I have a question. CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: I have -- my question is in regard -- actually, there's two things: Number one, the supporting with the host fee of private roads, Tom, I'm not sure that that would be Page 32 May 25, 1999 appropriate. I think that's a whole different situation. I would have some serious concerns about that. I believe -- Mr. Fernandez? MR. FERNANDEZ: We have legal problems with that. COMMISSIONER BERRY: Right. MR. FERNANDEZ: We can't use public funds for private roads. COMMISSIONER BERRY: Right. So I don't think that that would be appropriate. But the second thing, and I've been hearing this rumored for some time, that there's a proposed lawsuit against the county in regard to moving of the landfill. If this host fee is granted, does this take away the moving that issue, of a legal procedure? COMMISSIONER CONSTANTINE: I don't think realistically you can prohibit anybody in the public from filing suit. You know, if you create -- I mean, you and I, no matter what we do -- COMMISSIONER BERRY: Oh, I know. COMMISSIONER CONSTANTINE: -- can't stop anybody from spending 85 bucks and suing. COMMISSIONER BERRY: I just asked him the question. MR. HENNING: Commissioner Berry -- COMMISSIONER NORRIS: Excuse me, Tom. I'm not sure that I'm sold on the concept at this point. I mean, yes, that landfill could be considered as somewhat noxious use even after we solve the odor problem. But there are other county facilities around that could be as well; in particular, both the north and the south county sewer treatment plants. Are we going to -- are we going to enact a host fee for them as well? I don't know how you're going to avoid it if you're going to do it for the landfill. I don't know, there may be something we can do for the Golden Gate community, but I don't know that this is the right way to go. I'm not sure I'm going to be in favor of this. COMMISSIONER CARTER: I'd like to know a lot more about what you anticipate doing with a host fee. I'd like to know the legal definitions of that. And I agree with Commissioner Norris, I don't know where this takes us. I mean, I want to do something for the community, I'm not against that. But I don't know that this has been well thought out enough before I can say let's go do it. CHAIRWOMAN MAC'KIE: I think what Mr. Henning is proposing today is that there be a staff and community committee where we can look at what recommendation that group might make to the Board of County Commissioners on the specifics. Not that anybody's asking today that the decision be made that we're going to have a host fee, because there are too many unanswered questions. COMMISSIONER NORRIS: I didn't think there was. I was directing my comments toward the concept itself. CHAIRWOMAN MAC'KIE: As far as just on that issue, I think as long as there's only one landfill, there's going to be -- there's only one garbage dump, you know, that's going to be the distinction that I can see myself making between this and some other issues. Because the -- the matter that I hope to mitigate through the host fee is not the smell or some problem like that, it's just the negative repercussions of having the landfill in your neighborhood. Even if you can't see it or smell it. Just that it's there. And that's what I -- you know, and the trash that comes out of the trucks and the extra traffic, some of those real specific things. COMMISSIONER CONSTANTINE: If the request is to have a citizen's committee of some sort work with our chair to explore this idea, I Page 33 May 25, 1999 don't know how we could possibly object to that. We can -- when they come back with something, we can talk about the nuances of whether certain expenditures are appropriate or what the fee should be and so on. But to let them go explore that opportunity and see what other communities are doing that way, there can't possibly be any harm in that. COMMISSIONER CARTER: I can go along with that, as long as it's exploratory and we do a real thorough process of figuring out what it is, how it works and does it do what it's supposed to do. CHAIRWOMAN MAC'KIE: Bob, will you have some staff person you could assign to coordinate that effort? Because obviously it will require some real research. MR. FERNANDEZ: What I'd like to do is direct the solid waste staff to look at some maybe creative solutions that other communities have used -- I know the host fee is used in a number of other communities -- and see if we've got some ideas there and some things that we can do that -- maybe bring back a proposal to the board and give you some thoughts or some options on what is possible, and our recommendation. Give you a chance to let us know if you'd like to proceed with it. CHAIRWOMAN MAC'KIE: Will that meet with the -- COMMISSIONER BERRY: That works. CHAIRWOMAN MAC'KIE: Tom, looked like you had something else you wanted to say. MR. HENNING: Yes, if I may. Commissioner Norris, if I can address your concerns is yes, the wastewater treatment plants in Collier County is not a positive thing in the community. But the two that are in Collier County, the regional systems, I don't benefit for from it. But everybody benefits from their waste, their solid waste, being brought into the area of Golden Gate. CHAIRWOMAN MAC'KIE: That's a very valid point. COMMISSIONER BERRY: Just one other point for clarification. That's not the only landfill in Collier County. CHAIRWOMAN MAC'KIE: Yes, you're right. There is one in Immokalee. COMMISSIONER CONSTANTINE: It's the only active landfill right now. Immokalee does some minor separation, but they are not actively land filling there. COMMISSIONER BERRY: No. They are an active landfill. MR. FERNANDEZ: Yes, they are. COMMISSIONER BERRY: Sorry, Tim, they are an active landfill. MR. FERNANDEZ: They are an active landfill. CHAIRWOMAN MAC'KIE: Is that right, they actively are land filling in Immokalee? I didn't know that. MR. HENNING: I think they're due to close in a year or two. COMMISSIONER BERRY: Well, but nevertheless, the point is we have two landfills in Collier County. That's just a point, that's all. MR. HENNING: Thank you for your time, Commissioners. MR. RUSSELL: For the record, David Russell. We landfill about seven percent of the county's waste at the Immokalee landfill, and there's about six years of life. When that cell is closed, that will become a transfer station and that waste will be shuttled into the Naples landfill. CHAIRWOMAN MAC'KIE: Thank you. Okay. We have direction on that item. Page 34 May 25, 1999 Item #8A5 UPDATE ON STIPULATED AGREEMENT PACKAGE TO THE DEPARTMENT OF COMMUNITY AFFAIRS - CHAIRWOMAN MAC'KIE TO CALL SECRETARY SIEBERT, AND STAFF TO NEGOTIATE WITH DCA The next item is Item 8(A) (5) that we're going to hear at this point, which is the response from the DCA for -- to our settlement proposal, for lack of a better term, on the comprehensive plan. MR. MULHERE: Thank you. For the record, Bob Mulhere, Planning Services Director. I have copies of the DCA correspondence which I understand were forwarded to you. But I have copies here if any of the board members would like a copy here, if they don't have one. COMMISSIONER BERRY: I've got one, but I left it at home, actually. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CARTER: Thanks. MR. MULHERE: I did want to mention that there are also several copies of this document available on the table outside the board hearing room for the public. I want to let you know that staff has reviewed the correspondence from the Department of Community Affairs in which they make recommendations, general, and not very specific recommendations with respect to remedial amendments. The Comprehensive Plan Standards Ad Hoc Committee met late yesterday afternoon as well, discussed this matter, and made several recommendations to the board, which I will -- I will share with you. And I think probably from the perspective of brevity, there are 16 issues contained in the DCA report. However, really only four or five of them are of significant issues that have great concern. The other 11 or so, the staff feels very confident can resolve through some minor changes to the already board directed remedial amendments as of Tuesday, May 18th. The issues -- and if I can direct your attention to the document from the DCA, starting on Page 3 of Exhibit A, the issues start with Issue No. 5, which is Southern Golden Gate Estates, and move to Issue No. 6, which is natural resource protection, issue No. 9, which is wetland protection, and Issue No. 10, which is wildlife protection. Those four issues, the DCA response refers you to the Collier County agricultural area assessment, which is Exhibit B. And that would be primarily the focal point of our discussion here. Exhibit B calls for the county to conduct a comprehensive study, and that therein is one difference that the DCA recommendations for the county to conduct that study versus a consultant on behalf of the property owners out there. And within that study, the DCA calls for broad public participation and the utilization of information and resources that may be available from the many state and federal agencies that have jurisdiction. COMMISSIONER BERRY: Excuse me, Bob. So what you're saying in that is instead of the group that is going to study -- are we talking about the rural, rural ag. lands? MR. MULHERE: That's a good question. Actually, the DCA is talking about the rural area, including the fringe, that the entire rural area, currently defined by our comprehensive plan, which includes the fringe area, that that be included in this study. And I Page 35 May 25, 1999 think it's very clear that they feel that the county should oversee that study. I don't think that it necessarily precludes utilizing a consultant. Obviously, we will need some consultant services. However, I think that the -- now, I'm interpreting. The intent here on the part of the DCA is that the county have the oversight and that the county increase the public participation and the county utilize any other resources that may be available from state or federal agencies in conducting that study. They do not put a time frame on this study, which in itself may lead to some concerns from the legal perspective. As you may recall, the county proposal had a maximum three-year time period for this study. The Comprehensive Plan Standards Ad Hoc Committee, the charge of that committee was the focus in the rural fringe area. So they have not made any recommendations to this board relative to the balance of the rural area that was going to be the subject of this comprehensive study conducted by consultants on behalf of the property owners out there. CHAIRWOMAN MAC'KIE: You say it was going to be, but it still -- MR. MULHERE: Well, may still be, yes. That was in the terms of our remedial amendments that we proposed. They have made some recommendations, though, relative to the fringe area, and I'd like to share those with you, and I'd to say up front that the staff concurs with the recommendations of that ad hoc committee. The first being that we propose to the Department of Community Affairs that we develop additional natural resource protection standards on those areas that were formerly depicted as private Natural Resource Protection Areas within the fringe, or that had some level of higher environmental regulations within our March 19th proposal. And those areas include several areas just outside of the Belle Meade acquis -- excuse me, the CREW Trust acquisition area. And I'll point to those on the map. This area here. And the North Belle Meade and Southern Golden Gate Estates and the Picayune Strand, which includes Southern Golden Gate Estates. Those areas, the ad hoc committee proposed that we offer to the DCA as remedial amendment -- that we develop remedial amendments for greater natural resource protection standards in those areas, and that we also look at land uses in those areas. We are not specific at this point in time as to what those remedial amendments might contain, but the recommendation is that we transmit those, along with all the other remedial amendments in the time frame that may be attached to those remedial amendments by the administration commission, currently scheduled to hear this issue on the 22nd of June. As far as the remaining areas within the fringe, which are depicted on this map in the gray hatched area, those areas, the committee recommends that we transmit to DCA that they be able to develop in accordance with the cjustering and natural resource protection standards that the committee proposed and that the board approved on March 19th -- May 19th, excuse me. CHAIRWOMAN MAC'KIE: My impression, if I can, guys, when I read this was that the DCA staff has focused so much -- and I'm grateful for that -- on our rural ag. lands proposal with the voluntary, quote, moratorium, that they lost sight of -- they rolled it all in, as if Page 36 May 25, 1999 our rural fringe could be treated the same way. And that's not what the board voted on. And it's not a reasonable way to treat it, even though I just didn't like the vote. Even I wouldn't say that there should be a moratorium in there pending this two or three-year study. COMMISSIONER BERRY: But that's what in effect they have said. CHAIRWOMAN MAC'KIE: That's what they said. So it seems to me that what we need to do at this point is communicate back to them, thank you for understanding our ag. issue, but you haven't yet understood our rural fringe issue. We need some better, more specific interim policies, similar to what has been proposed by the board, you know, two weeks ago, or a week ago. COMMISSIONER BERRY: Week ago. MR. MULHERE: And that was the recommendation of the ad hoc committee and staff concurs with that. Again, though, from a strategy perspective, we would like to be able to continue to neHotiate with the DCA. We would like to be able to go into the administration commission and the Cabinet aide hearings with concurrence on as many issues as possible. CHAIRWOMAN MAC'KIE: Which is what it seems like what we need to be doing over the next week or so, or have our staff do, is to -- you know, I'll tell you, when I went to Tallahassee, we focused a lot on this rural issue with the secretary, because it was a radical concept, you know, to ask them to give us this study time. And obviously we communicated really well on what our intentions were in that area. But I think now the focus on that drew away from the fringe area and now we just need to do a better job of communicating that the issues are not the same in the fringe. We can't treat them the same. MR. MULHERE: And in fact, alonH those lines, in addition to the recommendations of this Comprehensive Plan Standards Ad Hoc Committee, the staff would also recommend that we utilize our consultant, Brian Blaesser, to perform a -- an analysis on the legal implications of that moratorium, with special emphasis on the fringe area. Because as we know, they have already stated that they had concerns over -- because of the value of property in that area and the reasonable development backed expectations. CHAIRWOMAN MAC'KIE: Have you had conversations with DCA staff since we've got this report? MR. MULHERE: There was one conversation. I was not in the room for that. Barbara Cacchione and Marjorie Student spoke to DCA. CHAIRWOMAN MAC'KIE: I just have to wonder. It just seems to me just so obvious that they've missed the fringe issue. If we brouHht that to their attention? MR. MULHERE: Well, I can tell you that we transmitted this packet to them on the 20th, FedEx. We called them on the 19th and verbally Have them the board's direction. They had that information. I'm not sure if they prepared their response prior to that information being incorporated. However, the conversation that was related to me with Shaw Stiller of DCA in which Barbara and Marjorie participated, this is their recommendation, inclusive of their review of this document. CHAIRWOMAN MAC'KIE: But, you know, the package that we delivered to them on the 20th is voluminous. MR. MULHERE: Yes, it is. CHAIRWOMAN MAC'KIE: And it seems to me that this is just such a fundamental question that, I don't know, maybe it's just too commonsensical. But it seems to me that we just need to ask the Page 37 May 25, 1999 question, did you really mean to roll all of this into one? We asked you to please give us the right to do this in the ag. land, but this is not a reasonable request in the fringe. Am I being just to naive about that? MR. MULHERE: No, we have asked that question, and the response was yes, but that was just at the staff level. I just want to let you know that we are currently making plans to go up on the 8th to meet with Secretary Seibert and the DCA staff and try to kick this up to the highest level. That is on the 8th of June, which is a board day. And then again, they've pushed back the administration commission to the 22nd. So that's something I need to talk to you about in a few minutes here. I just wanted to finish up on the Comprehensive Plan Standards Ad Hoc Committee recommendations. One of the final recommendations that they made, there were two other issues. One was that any application -- with respect to the remedial amendments that we send up regulating both the fringe and the natural resource areas of greater sensitivity within the fringe that I've previously mentioned, that any application that is in the system prior to either June 22nd or the date of the administration commission hearing, whichever is the later, would be processed in accordance with the comprehensive plan standards that are in effect today. And they also requested that a member of the committee be appointed to work with staff in deliberating with the DCA. Now, the staff concurs with all of those recommendations except the latter. We think if we can get clear enough direction from the board, then we should be the appropriate people to negotiate with DCA. CHAIRWOMAN MAC'KIE: It's a full enough table as it is. MR. MULHERE: The process is open to the public and they are certainly welcome to, you know, attend. THE COURT REPORTER: I didn't hear your comment. CHAIRWOMAN MAC'KIE: I said it's a full enough table as it is. I mean, there's just a lot of people already around that table. MR. MULHERE: With respect to the -- that concludes the Comprehensive Plan Standards Ad Hoc Committee recommendations. At least I think I addressed them all. Wayne Arnold is in attendance, and if I forgot something, I'm sure he can let you know. With respect to the agricultural, the rural area, excluding the fringe, the staff feels that it's appropriate for the county to take the lead position in conducting this comprehensive study. That does not preclude us, I do not believe, from utilizing the assistance of consultants. And I would like to add that the property owners out there will have, I guess, the same level of interest, regardless of who may oversee that study, because they will have that same concern over what's developed and how it will regulate their property. There may be some room for a joint cooperative effort to offset the costs. CHAIRWOMAN MAC'KIE: Question on that, because it seems to me we already put the county in charge of it. We put Commissioner Berry in charge of it. She's the one who's running that committee. I would like it very much if DCA would not suggest that we write the checks when all of the property owners have agreed that they're going to write the checks. COMMISSIONER BERRY: Well, I think if they do, then it's an unfunded mandate that they're handing down. MR. MULHERE: I think that we can work with them on that issue, providing that we satisfy their concerns for adequate public Page 38 May 25, 1999 participation and utilizing the state and federal agencies, whatever resources are available. And I know that was the intent -- CHAIRWOMAN MAC'KIE: Of course. MR. MULHERE: -- of the consultants, anyway. I do think that that's -- if I can read through the -- between the lines here, it seems to me that the public participation and bringing all the stakeholders to the table is their primary concern. And if we can assure them that that will happen, I think we can -- I don't think they have a concern over who actually conducts the study. CHAIRWOMAN MAC'KIE: Who pays. MR. MULHERE: Correct, who pays. CHAIRWOMAN MAC'KIE: So we're really close on the ag. issue. MR. MULHERE: I think we are. CHAIRWOMAN MAC'KIE: But we're miles apart on the rural fringe issue. MR. MULHERE: That is correct. CHAIRWOMAN MAC'KIE: And I, perhaps naively, think it's a communication problem. When I met with Steve Seibert, he was so open to letting the county develop its own standards. I just can't believe that this is anything other than a lack of thorough communication or understanding with him. He doesn't want to tell us what to do with our rural fringe. He wants us to tell him what's best for it. And obviously a moratorium is not a reasonable option, unless he's writing the check for that, too. So I hope we'd communicate that strongly back to him in just a real -- and perhaps I can help do that just on the telephone or otherwise, because we've developed a bit of a rapport. MR. MULHERE: We do intend to communicate that. And in fact, you're absolutely correct. In discussions with Marjorie Student, there are some -- probably not Burt Harris issues, because that allows for a study, but there are some temporary taking issues. And not being an attorney, we won't rely on -- we would like to go forward and ask Brian Blaesser, because he is an independent expert, to prepare an analysis of the DCA recommendations and advise us as to where there are legitimate temporary taking or other taking concerns. CHAIRWOMAN MAC'KIE: And that might cost us what? Because again, before we spend that money, I think we need to try to convince Secretary Seibert that that's an unnecessary step. MR. MULHERE: And our reason for asking for that was we think we should support our record with that information, in any case. And the cost I don't think will_be substantial. We have not authorized them to go forward with the interim development of the transfer process yet. We have not paid them anything for that. So I really don't have a handle on the cost specifically, but I don't think it would be very substantial. We're talking about a fairly simple analysis. MS. STUDENT: Marjorie Student, Assistant County Attorney. Just to add to that, we feel that if we had that analysis, that it may help as a leverage point in our negotiations with DCA, as well as meeting with the Governor -- or the Cabinet aides. And we feel that it would be independent and, you know, more impartial, and that we really need an opinion like that. Not that we don't trust our own opinion in our office, we do. But just because of the magnitude of where it's going. Page 39 May 25, 1999 CHAIRWOMAN MAC'KIE: I just can't imagine that that's where Secretary Seibert's going to allow it to go. Because that's just so contrary to every conversation I've had with him. COMMISSIONER BERRY: Well, it was certainly -- when I heard about this, it was certainly contrary to the meeting that I attended last week, I guess it was, or two weeks ago now, where he made his statements about how he felt about how to deal with all these land use issues and his openness and willingness to work and wanting it to start from the bottom up and all those kinds of things. And then when I got this I thought boy, this is a 180-degree change in what was said publicly at that meeting. So something got lost somewhere in between. MR. MULHERE: Madam Chair, may I just add a couple of other items? One, if there is any costs that the county must assume, there is a, I think, a demonstrated nexus between the development process and whatever cost we may incur in that those costs may be borne by permit fees. That's just something to consider if we are subject to any costs. And I would just reiterate the staff's position that since the ad hoc committee is appointed by the board, as long as we have clear direction from the board, I think we can go and negotiate. We do have a meeting pending with Secretary Seibert and his staff on the 8th. COMMISSIONER CARTER: Well, it seems to me that if we go with your recommendations, Bob, it gives you some tools at the table -- MR. MULHERE: Correct. COMMISSIONER CARTER: -- to bring this into alignment and to get in their face about some issues. I seriously doubt if they've read what we sent them. I think they predetermined what they were going to do before we got there. This does not surprise me. But I think we go back and we got -- you're asking for some tools to put on the table to deal with the issue. MR. MULHERE: Correct. COMMISSIONER CARTER: And I have confidence that we can do that and get this thing resolved. CHAIRWOMAN MAC'KIE: The question would be on the 8th, should -- I will tell you what I think. I think it would be sufficient for staff to go and meet with staff on the 8th. I would commit to telephone conversation with Steve Seibert in the interim, just to talk the plain basic policy issues that we're talking about here as a precursor to the staff meeting so that maybe we could get off on the right foot with that discussion. But it seems to me that staff going on the 8th is sufficient without commissioners attending, unless the board feels otherwise. COMMISSIONER CARTER: I think in that conversation that you have, Madam Chairman, with Mr. Seibert, that it would be good to have a conference call in which you have a staff representative present with you so that everybody hears from our side what goes on in that conversation, so when they go to the table, they don't -- CHAIRWOMAN MAC'KIE: That's good. COMMISSIONER CARTER: -- come back and say, well, you know, this CHAIRWOMAN MAC'KIE: Very good. COMMISSIONER CARTER: -- is what we said in Commissioner Mac'Kie's conversation. Well, you're sitting there, well, I don't know what went on in that conversation. CHAIRWOMAN MAC'KIE: That's a very good idea. Page 40 May 25, 1999 COMMISSIONER CARTER: So let's make sure that we got all our ducks in a row and they don't sandbag us. CHAIRWOMAN MAC'KIE: Very good idea. Other -- is that the direction the board wants to go in, that we're kind of going to stick to our guns and assume we need to have some more discussion about the fringe? COMMISSIONER NORRIS: Well, I think we've really presented a fairly reasonable plan, and we've enhanced our environmental protection there. That was one of the objectives that they wanted to get done. We're really not talking about an enormous amount of acreage anyway in that fringe area that's left to be addressed at some point in time. So I think we're being pretty reasonable. We may find something that they suggest that we don't mind incorporating when we're up there, but for now, I think we should stick with what we've proposed and go show them. CHAIRWOMAN MAC'KIE: Do you need more from us, Bob? MR. MULHERE: I just wanted to add that I think it's an excellent suggestion to be able to work with a board member, because the timing is such that the 22nd will be your next meeting after the 8th and you will not at this point have another meeting in between, so -- and the 22nd is the date that currently the administration commission is scheduled to hear this item. CHAIRWOMAN MAC'KIE: Well, then I guess, you know, based on how the conversation -- the meeting goes on the 8th and what the response is, this board has to be ready. We may have to have another special meeting on the 15th or otherwise if there is anything to discuss. There may well not be. I would expect that we'll be able -- I mean, we're so close. MR. MULHERE: We are close. COMMISSIONER CONSTANTINE: I assume you'll make your call to Secretary Seibert prior to the 8th. CHAIRWOMAN MAC'KIE: Oh, absolutely. And with -- and I appreciate that, Commissioner Carter, with staff folks present. That's great, for communication to keep working. COMMISSIONER CARTER: So we know where we are. MR. MULHERE: That was all I had. I know there are some public speakers. CHAIRWOMAN MAC'KIE: Perhaps they'll waive if they like the way we're going. Would you call them? MR. FERNANDEZ: First two are Wayne Arnold and Robert Duane. CHAIRWOMAN MAC'KIE: Mr. Arnold can't resist. Mr. Duane, are you going to need to speak to us this morning? MR. DUANE: A few seconds. CHAIRWOMAN MAC'KIE: A few seconds, okay. MR. ARNOLD: Thank you. Wayne Arnold. I won't take long. I just wanted to reiterate the comments of our ad hoc committee yesterday evening. And Bob summarized those comments very well. But I think it's important to note that we think the direction that was advanced two weeks ago by the County Commission was appropriate. We, too, believe the DCA did not consider the settlement proposal that was forwarded to them with a response. You can't go through that volume of information or decipher what it is we're really trying to achieve the same day. So I think that we certainly need to work with DCA staff to let them know what it is that they're looking at and what commitments we Page 41 May 25, 1999 have made as a community to address their concerns. I think they're pretty significant ones. I just wanted to remind the commission of that. I think also our issue relative to the remedial amendments that we're proposing to deal with on the CREW acquisition lands and the private end holdings in our public designated Natural Resource Protection Areas, et cetera. It's an important and sensitive issue because of private property rights in there. Any of these lands that are targeted for state acquisition, I think we want to be very careful that we don't devalue those properties to the advantage of the state's acquisition program. And I know Commissioner Constantine mentioned those comments at our last meeting. I think that's very important. And I know that private property rights has been a big discussion point on our committee's efforts. I think the other point about sending a representative to be involved in this process is something that was discussed and debated after Mr. Mulhere had to attend another meeting. And the point behind that was simply that consistently the same staff person has not been able to attend every single meeting that we've had to have the benefit of our communications and discussions and points of our discussion and where we achieved those. And that's why it was felt that it was important to have a representative participate in that process. CHAIRWOMAN MAC'KIE: Certainly we know it's a public process. And the last time when we were meeting with the secretary, there was a member of the public present who was not, you know, on the, quote, team. There were members of the public who had come to represent their own interest. Mr. Varnadoe, some of those. And the press was on the phone on a conference call. I think it's just a wide open process, and that you should feel free to participate. That's my personal vote on it. If the board wants to make an official emissary, that's obviously up to the board. MR. ARNOLD: And another point. I appreciate that. The only other point I would make is that we've been negotiating for a year with DCA staff. From my perspective it's time that we advance that further than DCA staff liaison and deal with the Cabinet members and Secretary Seibert that we're going to ultimately have to make this decision. Because DCA staff has had a history of holding the line on their position. And I think that they're not going to be the ones making the final decision on this issue. Thank you. CHAIRWOMAN MAC'KIE: Okay. Mr. Duane. And then who's after him? MR. FERNANDEZ: Then Bruce Anderson. CHAIRWOMAN MAC'KIE: Bruce is waiving. Who's after him? MR. FERNANDEZ: Tim Hancock. CHAIRWOMAN MAC'KIE: Tim, waiving. MR. FERNANDEZ: Mark Morton is next. CHAIRWOMAN MAC'KIE: Mark Morton, waiving. COMMISSIONER NORRIS: You're it, Mr. Duane. CHAIRWOMAN MAC'KIE: You're it. MR. DUANE: For the record, Robert Duane from Hole, Montes & Associates. I appreciate again the committee's work, and I hope that you'll embrace the proposal of the projects that are presently in the pipeline, such as Naples Reserve that's going to come before you on June 8th. Won't be held captive to some study of the rural fringe or the rural area or preclude us for developing for some indeterminate period of time. And I appreciate your -- Page 42 May 25, 1999 CHAIRWOMAN MAC'KIE: I don't think we legally even have that option. I mean, we -- MR. DUANE: I agree. CHAIRWOMAN MAC'KIE: -- have to enforce the laws that are on the books while they're there. MR. DUANE: We appreciate your consideration. Thank you. MR. FERNANDEZ: Mr. Ty Agoston signed up after the item was introduced. CHAIRWOMAN MAC'KIE: Mr. Agoston. We will indulge you if you would just insist on -- have something that we can't live without. MR. AGOSTON: Getting here late, I lose sight of the agenda. My name is Ty Agoston. I live in that neglected Golden Gate Estates, and I'm speaking for myself. I personally resent what it seems on the DCA's part trying to rush Collier County into a decision. I think the decision that you're making is very important. And frankly, I personally think that the committee, the ad hoc committee that you have appointed, not exactly represents the opinions of the people that affects it the most, the two people that are -- live out in the area termed it blackmail and what have you at the meeting I was at. Also, I feel that there was almost an infectious relationships in this whole process. There are people, Mr. Arnold, for example, worked for you as a planner. Now he is an appointed (sic) to represent the public. I have a little problem with that whole procedure. Not to mention the fact that he restricted public comment to the end of.a meeting which it pretty much made public comment meaningless. Nobody can remember, not to mention the fact that they do not supply you with the material that they're working with, so nobody can really make any comment that is any way relevant or intelligent. I personally do not believe that with the change in the political leadership of the state Mr. Bush would be interested in getting us into any close following of the current sustainable America and sustainable Southwest Florida atmosphere. And I believe that there aren't too many of the operating members of this ad hoc committee and the staff that's involved are heavily involved in that issue as well. Again, there are this cross currents of the same people involved in one are directing the other. I don't believe that that represents the public. Last week I was here and there were a group of people who wanted to stop urban sprawl. I left early. And on the way out, I have seen a number of ladies who are living on Gulf Shore Boulevard in one of those high-rise condos. In all fairness, those high-rise condos on the beach probably are a more fragile environmental ground than my house is on out in Golden Gate Estates or my son, who's in the process of finish building. And at the same time, there are being -- the environmental community is speaking of restricting people like us from building. I don't believe that we should be at the beck and call of the coastal -- I'm not going to say rich, because not all people are rich -- who want to restrict the building in the so-called fringe area. But I want to call your attention to that map on the wall. You know, most of that map represents areas that the government already owns, and what we're dealing over here with is essentially the gray areas only, which is a very minor portion of the county. Is this what we want to restrict? How about the rest of that area? Are you going to restrict maybe Golden Gate Estates? No. Page 43 May 25, 1999 Ms. Mac'Kie mentioned that the Southern Golden Gate Estates people sold as willing sellers. Well, I respectfully disagree. And I can probably come up with a whole load of people testifying to that effect, that they were not willing sellers. Be as it may, I believe that the head of DCA would be responsive at this point to slow down this process, and we should not be stampeded into a rapid decision that is an unwise one. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Do we have other speakers? MR. FERNANDEZ: No other speakers. CHAIRWOMAN MAC'KIE: I just noticed that Florida Wildlife Federation had given us a letter they asked to have read into the minutes, so I'll just do that real quickly. It will take less time than it would to discuss it. As a party in the above referenced litigation, Florida Wildlife Federation supports the draft remedial action submitted by DCA to the Administration Commission. It is our position that these remedial actions ensure a collaborative and equitable process to develop growth management plan amendments that truly protect the integrity of Collier County's rural agriculture and environmentally significant lands. We urge the Collier County Commission to also embrace these remedial actions. A representative from Florida Wildlife Federation will not be able to attend the commission meeting; therefore, we request that this letter be read into the meeting minutes. Thank you. Okay. I think we've given -- we've gotten direction. Is there more discussion that we need to make on this? COMMISSIONER NORRIS: I don't think so. Do we need a motion or is staff direction sufficient? CHAIRWOMAN MAC'KIE: I think direction's enough. COMMISSIONER NORRIS: Okay. MR. MULHERE: I have staff direction. Item #8Al ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND GULF COAST RUNNER - APPROVED CHAIRWOMAN MAC'KIE: Okay, then we can go to 8(A) (1), which is the standard tourism agreement between Collier County and Gulf Coast Runners. MR. MIHALIC: Good morning, commissioners. For the record, I'm Greg Mihalic, Housing and Urban Improvement Department. COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: Is there a second to that motion? COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: Are there public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response. ) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 44 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST RUNNERS CLUB, INC. REGARDING NAPLES ON THE RUN 20K RACE THIS AGREEMENT, is made and entered into thi~'V~day o~ ,1999, by and between the Gulf Coast Runners Club, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinai~er referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for The Naples on the Run 20K race scheduled for September 12, 1999; and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide advertising and promotion of The Naples on the Run 20K race. The date(s) of the event or activity and the key participants may not be changed without an amend- ment to this Agreement as provided in Section 17. 2. PAYMENT: The amount to be paid under this Agreement shall be Three Thousand Four Hundred Dollars ($3,400.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. 1999 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization.of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ]~LIGIBLE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. ]~SJ~~: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person 2 HAY 2 5 1999 PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. 3 8. ~: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Perry Silverman, Race Director Gulf Coast Runners Club, Inc. P. O. Box 8636 Naples, Florida 34101 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue 4 HAY 2 5 1999 related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the fight to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on4,~__/~-[date Board approves] and shall terminate on September 30, 1999. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agree- ment, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event]. 16. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ' I~IGp~'ffOCK, Clerk ~~SSES:, BOARD OF COUNTY COMMISSIO]~_ RS BY: ?AI~IELA S. MAC' KIE, ~l~a'~-w:Jan GRANTEE GULF COAST RUNNERS CLUB, INC. Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency H id~i F. A~hto~n /4~ Assistant County Attorney h:hgXhfa\99TDC/1999 GULF COAST RUNNERS CLUB, INC. EXHIBIT "A" HAY 2 5 1999 THE GULF COAST RUNNERS CLUB, INC. BUDGET Marketing Plan South Florida Running Forum-3Ads Race Place Magazine-2 Ads Florida Running-2 Ads Florida Sports-1 Ad $1,200.00 800.00 1,000.00 400.00 TOTAL $3,400.00 May 25, 1999 Item #8A2 ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CONSERVANCY OF SW FLORIDA, INC. - CONTINUED TO 6/8/99 similarly, a standard agreement with The Conservancy. MR. MIHALIC: Commissioners, this is a $10,000 brochure that they wish to use to enhance European marketing, especially to German tourists for The Conservancy museum. COMMISSIONER BERRY: Is that a -- that's a private -- is that private? MR. MIHALIC: It's a private nonprofit, but it really falls under the advertising and marketing Category B, and it is allowed under the guidelines. And it was recommended by the Tourist Development Council on April 19th. COMMISSIONER CONSTANTINE: What exactly is it they want to do? They're going to create what and send it to whom? MR. MIHALIC: They want to create a brochure and they want. to use it for European marketing, primarily to the German market, and to enhance the number of German visitors that come to Collier County to experience. COMMISSIONER CONSTANTINE: And they're going to mail these to people in Germany? There are going to -- how are they going to distribute these? MR. MIHALIC: I can't speak to the distribution, Commissioner. Hopefully, there's a representative from The Conservancy here that can speak to that. CHAIRWOMAN MAC'KIE: Somebody here from The Conservancy today? COMMISSIONER NORRIS: Well, I would sort of like to see what their campaign's all about. I would like to know whether they intend to propagandize something. COMMISSIONER CONSTANTINE: I make a motion we continue the item for two weeks. COMMISSIONER BERRY: I think that's a good idea. I'll second that. MR. FERNANDEZ: Madam Chair? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: You have one speaker you may wish to consider before you take a vote. CHAIRWOMAN MAC'KIE: And that is? MR. FERNANDEZ: Mr. Ty Agoston. COMMISSIONER CONSTANTINE: If we're going to continue the item -- CHAIRWOMAN MAC'KIE: If we're going to continue, Ty, do you have a problem with waiting? MR. AGOSTON: I'm going to Hungary. I won't be here next month. CHAIRWOMAN MAC'KIE: Then please come forward. Not that we can't guess what you might be going to say. MR. AGOSTON: I can call you from Hungary. Ladies and gentlemen, my name is Ty Agoston. And Mr. Carter just before has called for somebody who's an environmentalist, and I put up my hand. I got a smile, but no encouragement. Let me assure you, ladies and gentlemen, that I am an environmentalist. Possibly more committed than most people in the environmental community whose motives are mixed with a political agenda. Page 45 May 25, 1999 If we are going to start giving my tax dollars to a group that is involved in promoting issues and that gets intermixed with their political agenda as -- and as well as their environmental agenda, which is a very convenient method of hiding behind a very respectful and very important environmental protection agenda, where do we stop? Are you -- would be interested in funding the taxpayer's action group? We'll send a booklet out to Germany telling them that we offered the taxpayer, that we feel that the taxes being paid and extracted by various government agencies are now half of an average family's income, and we think that's too much. Is that a taxpayer's service? CHAIRWOMAN MAC'KIE: You know, this is a tourist tax, and it's on there for promotion of eco-tourism is what the item is. MR. AGOSTON: As far as I could tell that the tourist tax, the B portion, is to promote Collier County. I believe that everybody who would come to Collier County be interested in a low tax base with a potential of them relocating to Collier County. COMMISSIONER CONSTANTINE: Ty, surely you understand that somebody deciding where they're going to vacation isn't going to decide they're going to spend a week in Collier County because we have a low tax rate here. MR. AGOSTON: I know it's a stretch, but I could make the argument. Thanks very much. CHAIRWOMAN MAC'KIE: Thank you, Ty. MR. FERNANDEZ: No other speakers. CHAIRWOMAN MAC'KIE: There's a motion and a second for continuance for two weeks. And if someone will contact a Conservancy representative and hopefully ask them to be here. MR. MIHALIC: Yes. CHAIRWOMAN MAC'KIE: All in favor of that motion, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Item #8A3 ACCEPT THE FIRST AMENDMENT OF THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC. We also have the First Amendment of the 1999 tourism agreement between the county and the Marco Island Film Festival. COMMISSIONER CONSTANTINE: I have a couple of questions on this one, if we have representatives here. CHAIRWOMAN MAC'KIE: Come on down. COMMISSIONER CONSTANTINE: I assume the television advertisement spots and celebrity promotionals that are listed in here are that 50,000 that we talked about. MR. DAILEY: That's correct. COMMISSIONER NORRIS: State your name. MR. DAILEY: My name is Maury Dailey. I live at 1307 Riverhead on Marco Island. President of the film festival. COMMISSIONER CONSTANTINE: Just so I understand, where will those television advertising spots air, and how are we promoting the celebrity, whomever that may be? MR. DAILEY: That's a good question. The celebrity promotion is -- actually there are no fees going to celebrities. It's really Page 46 May 25, 1999 people that will be flown in. It's the flight to get them here and the lodging for them to be here. They do that on their own time. So that's the celebrity part. And it's critical to bringing the attendees and other film makers and producers to the event. The television portion that we're looking at, some things that would be done in Lee County and then some things that will be done over on the East Coast with TV promotion, and -- COMMISSIONER CONSTANTINE: That answers my question. I just wanted to make sure it wasn't all local market television. Thank you. CHAIRWOMAN MAC'KIE: Other questions for staff before we vote on it? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: And we have speakers? MR. FERNANDEZ: One speaker. Fred Shinn. CHAIRWOMAN MAC'KIE: Would you like to speak to us? MR. SHIN-N: No, Madam Chairman. No. CHAIRWOMAN MAC'KIE: Thank you. He waives his opportunity. We have a motion and a second for approval. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. MIHALIC: Commissioners, could you give me a moment to introduce the new tourist development coordinator for the county? CHAIRWOMAN MAC'KIE: Oh, good. MR. MIHALIC: Fran Haas, could you please stand up? Fran started last week and we are pleased to have her on board. CHAIRWOMAN MAC'KIE: Great. Okay. Page 47 MAY 5 1999 FLu. ST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL, INC. REGARDING 1999 MARCO ISLAND FILM FESTIVAL THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this~I~day-- of(~r~/ , 1999, by and between Marco Island Film Festival, Inc., hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the GRANTEE and the COUNTY entered into a 1999 Tourism Agreement dated March 9, 1999 (the "Tourism Agreement") in the amount of $56,500.00; and WHEREAS, the GRANTEE has requested an increase in funding of $50,000.00; and WHEREAS, the COUNTY desires to amend the Tourism Agreement to increase the funding. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 2 is hereby deleted in its entirety and replaced with the following language: PAYMENT: The amount to be paid under this Agreement shall be One Hundred-six Thousand Five Hundred Dollars ($106,500.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section 1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. HAY 5 !99g GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 2. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced with the new Exhibit "A" attached to this amendment. Except as set forth herein, all of the terms and provisions of the Tourism Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS D~trIGHT E. BROCK, Clerk Att ~t~,., as.. ,~:~y ?.Chl:(~man~}$ By/AI~(A ;. MAC~IE, Ch/~man WII~I~~ GRANTEE :;" ' ~"~-,:', ':"" ~ ; Marco Island Film Festival, Inc. (1) By: ~~ N~ ~ Pdn~e ~d Title (corporate seal) Approved as to form and l udfficiencty I2i~idi F. Ashton Assistant County Attorney h:hg/hfa/99 talc agreement/1999 Marco Island Film Festival.l 2 MAY ~ 5 1999 EXHIBIT "A" FILM FESTIVAL BUDGET PRINT MEDIA includes Magazine Advertising Rack Card Distribution Call for Entry Brochures Public Relations $ 56,500.00 Tdevision Advertising Spots $15,000.00 Celebrity Promotional $35,000.00 TOTAL $106.500,00 May 25, 1999 Item #8A4 REPORT THE BOARD ON THE TRANSPORTATION ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN - STAFF SUGGESTIONS TO BE IMPLEMENTED AND BROUGHT BACK TO THE BCC ON 6/22/99 The next item is 8(A) (4), which is a really important policy item. It's where we talk about what the transportation element for the county's growth plan says. COMMISSIONER NORRIS: It might be long-winded to get into right now. CHAIRWOMAN MAC'KIE: It is five till noon now, isn't it? COMMISSIONER CONSTANTINE: How long do you think this report will take, Mr. Jones? MR. JONES: I'll give you the first -- CHAIRWOMAN MAC'KIE: Well, I'll tell you that I'm hoping that we'll discuss whether or not the levels of service that we have adopted at level of service D for county roads is adequate, or if we want to look at that. I mean, that's the bottom line of what I'm going to want to put on the table. COMMISSIONER NORRIS: Is that E? CHAIRWOMAN MAC'KIE: Maybe C. COMMISSIONER CONSTANTINE: Whether it's financially feasible. COMMISSIONER NORRIS: Yeah. That's the question, I think, that we've got to face, though. COMMISSIONER BERRY: That's what we talked about before, even at MPO meetings, are we on the right level here. COMMISSIONER CONSTANTINE: Let's hear the report. CHAIRWOMAN MAC'KIE: Please go forward, Mr. Jones. MR. JONES: Thank you, Madam Chairwoman, Commissioners. Good morning. My name is Gavin Jones with the Metropolitan Planning Organization staff. And staff brings to you the first of the series of reports on the various elements in your Growth Management Plan. This is the transportation element. I've reproduced in the executive summary all of the goals, objectives and policies, but collected in groups the policies for which staff has no comments and the ones for which staff does. And I draw your attention to Section B, the policy concerning level of service on state roads. And that would be on page -- the staff comments and that are on Page 8 of that -- of the executive summary. And this is just a reminder that Collier County now has the latitude to effect the minimum standard level of the service on all the state roads in the county with the exception of Interstate 75, because it is a portion of the Florida intrastate highway system. The minimum standard is set by the Florida Department of Transportation. And we are also -- we are also essentially not given the autonomy over programming some of the funds that can be used to improve interstate facilities. Those funds are programmed at the state level. We have discretion over the money that the MPO programs each year, but that is a separate pot of money. CHAIRWOMAN MAC'KIE: Gavin, the bottom line, the concern there, if I'm understanding it, is that the state has adopted a higher level of service for 1-75, for example, than we have adopted. The reason 1-75 is at failure is because their level of service is C. We, you know, are more clever than that. We adopt Level of service D, and therefore, we don't reach failure. But if we -- the fact that they Page 48 May 25, 1999 have a level of service C, can that force us to spend our limited resources out there, when we have in fact more pressing problems near the coast? MR. JONES: Well, the counties that have reached the situation before us, you know, in at least one instance the attitude is that they will not, that they will just rely on the programming of improvements to the intrastate highway system when it happens and they will endure unacceptable level of service. And to my knowledge, they haven't really tested the resolve of the state as to whether that should require a moratorium on development around the segment or not. That's kind of their -- COMMISSIONER CONSTANTINE: The difference really is they deal with it differently than we do. If we have a deficiency that goes beyond a certain level, DCA cracks down and there's certain things that we are restricted from doing. There's not a whole lot they can do with FDOT if they don't. A case in point would be Davis. When we finally widened that a couple of years ago, it was actually carrying 185 percent of the capacity it was designed for. And so while the state -- part of the state was telling us you have to build other roads, county roads, at the same time they weren't applying the same rules to themselves. And so we can look at these, well, gee, the state has level of service C, but there really isn't that stick there to force them to enforce that. So it's much easier for them to say we've got a higher level of service because they don't start the ball into motion the same time we do. CHAIRWOMAN MAC'KIE: But Tim, what I'm concerned about is, you're right, I mean, it is a box that they have us in. If I'm understanding this, Gavin, and please tell me if I'm not, that the state -- we can't force them to widen the state road, but they can force us to stop issuing building permits if we fall below an adopted level of service and don't have the budget amendments, et cetera, the money in place to build the improvements. So they can -- they have a big stick. They don't have to decide whether or not to spend the money, but they can enforce a moratorium, force us to call a moratorium. That worries me. COMMISSIONER CARTER: Well, don't we have another piece to this, though? We do have some political clout, I would think, with the Governor in Lee and Collier Counties, if I look at the numbers of people that put Jeb Bush into office -- CHAIRWOMAN MAC'KIE: I'm hoping so. COMMISSIONER CARTER: -- that I think I'm asking, what kind of message do we need to send to the Governor who can influence what goes on here to say I think it's payback time. COMMISSIONER BERRY: Unfortunately, we don't have the power in the legislature. We've got -- we're out powered by Dade, Broward, Palm Beach, Orange County, Hillsborough and those counties. And that's the way it is. And so somehow or other, you can threaten all you want, but -- COMMISSIONER CARTER: Well, I wouldn't suggest we threaten him, I would just suggest that we might remind him. COMMISSIONER BERRY: But reality is, Jim, unfortunately we don't have it. It's just sheer numbers. They've got it, we don't. CHAIRWOMAN MAC'KIE: That's one that's more just we better have a heads up and watch for it than anything else. Because there's not much we can do to change the law in that regard. And I'm glad to hear Page 49 May 25, 1999 that you're saying that other counties have come up against this and have said no, we know what our road building priorities are and we're going to spend our money where we need to without great repercussions from the state. COMMISSIONER CARTER: I think we have to stay with our agenda. And maybe if enough people like us demonstrate that we are not going to kowtow to their level of service, but we're going to take care of our own county roads first, then perhaps that does send another message. CHAIRWOMAN MAC'KIE: And Jim, what a perfect segue for the point that I wanted to make, and that is whether or not we are taking care of our own roads. And I realize what I'm about to say is, you know, fairyland, because we already don't have enough money to pay for keeping our roads at a level of service D. But we have roads that are adopted at -- our roads generally are adopted as level of service D. If you look at the bottom of Page 6 of our agenda packet, you'll see the two, four, five -- five roads that are the most in trouble in Collier County and what we're proposing, as I understand it, Gavin, is to say, well, level of service E, which on any child's report card is really F, comes after D, is what we're going to live with for the next couple of years. COMMISSIONER CONSTANTINE: Let's not make that analogy, because the idea that somehow we could have a level of service A road network is just literally impossible. So let's not make the analogy to grades, because that's not fair. CHAIRWOMAN MAC'KIE: Okay. Let's take a C. I'll be happy with a C. I'm not thrilled with a D and I'm just sickened by an E. COMMISSIONER CONSTANTINE: Rather than spend a great deal of time talking about something we can support or not today, I would suggest we give staff direction to do a financial feasibility of making our road network C. Because I think the numbers are going to come back that you have to buy up so much road right-of-way. And it's not going to be financially feasible. And what we might find in that process, that maybe there are a couple of roadways that are primary connectors that we could look at a higher level of service on. But to suggest and spend a lot of time talking about making a whole network at level of service C, just -- you are right, it's fairyland. We're not going to come up with the money to do that. It's not realistic. So let's not spend a whole lot of time talking about that. If we can plug some numbers in and see what those overall costs would be, then I think it will end speculation that that's somewhere we can realistically head. It may CHAIRWOMAN MAC'KIE: I'd like to see that. COMMISSIONER CONSTANTINE: -- however, allow us to look at if there are a couple of roads we can do that with. CHAIRWOMAN MAC'KIE: And, you know, that falls right into what -- another one of Gavin's requests, is that we authorize him to do a build-out road network without the tie to a year of 2020 or 20 whatever it is. And that coupled with what would it cost to have -- how about what would it cost to have the level of service E roads raised to D? You know, something, anyway. Because what -- the fundamental premise here that is a community issue is the community has to decide if they want to pay for roads that are less congested. Because the way we are planning for roads Page 50 May 25, 1999 right now at peak hour, peak season, they're going to be congested. And that's when they're functioning as planned. COMMISSIONER CONSTANTINE: I think there's two things we need to do to keep perspective here. One is we have an influx in season. We have roughly 200,000 people year-round. That gets up to roughly 285,000. And when you have an almost 50 percent increase, you're going to have some discomfort on your roadways. But also, take a quick trip to Fort Lauderdale or to Miami and realize that while traffic going in Golden Gate Parkway in the morning or coming in Davis in the morning is crowded, you're not sitting at a standstill for a 90-minute drive the way you do on a 10-lane freeway in Miami. COMMISSIONER NORRIS: Or even Fort Myers -- COMMISSIONER CONSTANTINE: Yes. COMMISSIONER NORRIS: -- is as far as you have to COMMISSIONER CONSTANTINE: So I think we -- can we improve? Yes. And should we strive to? Yes. But let's keep it in perspective when we have that discussion. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I couldn't agree with you more, Tim. However, the expectation of our seasonal residents who have purchased properties down here in all these communities -- COMMISSIONER CONSTANTINE: God bless them. COMMISSIONER BERRY: We love them. However, they all arrive here about the same time and then we start -- the phone starts ringing on what are we doing, that the roads are totally inadequate. It wasn't this way five years ago when they bought their house down here and what are we doing and everything's out of control and we've just let the county go to you know where in a hand basket. And that's when we start getting the complaints. So the only way I think that eventually we're going to improve this situation, somebody's going to have to bite the bullet and you're going to have to get the roads -- you're never going to get them up to an A. I mean, I don't think that's going to happen. CHAIRWOMAN MAC'KIE: That's silly. COMMISSIONER BERRY: But if we can improve them or do a segment a year or do something that's reasonable, and again maybe staff can come back with some kind of a procedure that we can start to look at this in a funding mechanism in some way, shape, or form. I think we need to -- we need to start this attack. You just can't continue to put it off. Because the longer we do, the more complicated the problem is. And I'll tell you right now, is it a hassle out on the roadways? I'd have to say no, for the most part. CHAIRWOMAN MAC'KIE: Today. COMMISSIONER BERRY: Today, it's not bad. I mean, I can go from my house, home, in a relatively reasonable amount of time. But I'll tell you, during the season it's a real pain in the neck to drive Airport Road. And I have to do it, unless I go clear out to the interstate and then go north. But I have to drive the entire length of Airport Road every time I come down here or go home. And it's a real nightmare, particularly during the season. CHAIRWOMAN MAC'KIE: And Golden Gate, when I see those cars lined up -- COMMISSIONER BERRY: That's right. CHAIRWOMAN MAC'KIE: -- coming and going. Page 51 May 25, 1999 COMMISSIONER BERRY: And that's not going to get any better. Because the building out in the Estates, they're either coming in on Pine Ridge Road, Vanderbilt Beach Road or Golden Gate Parkway. CHAIRWOMAN MAC'KIE: And look on Page 6 at what these roadways are that we're saying can go to level of service E. It's Airport, from Pine Ridge to Golden Gate, it's Golden Gate from Airport to Santa Barbara, it's Goodlette-Frank from Golden Gate to 41. And Pine Ridge from Airport to -- I mean, those are -- the measurement system works, because those are the bad roads. COMMISSIONER CARTER: Can we get a grid, a CD grid, level of service taking an average, if you please? And I really would rather look at us out of season to see what we look like. And maybe we can even bump that in that says in season it's going to happen, this is what's going to take place. Can we do a spread on that? Get a cost estimate what we need to do in a long-range plan, which always segues to my favorite topic is, you've got a pent-up need and you've got to pay for it. And the question will be how we're going to pay for it. COMMISSIONER NORRIS: Sales tax. MR. JONES: Yeah, if I could -- staff will certainly do that analysis and come back. But if I can lower your expectations now so that you won't be disappointed when we do, I would remind you that the future year networks that we've shown you in the past were built to preserve level of service D. And those networks, while preserving level of service D included expressways and grade separated interchanges, and we brought to you before a list of intersections where even if the arterial links are functioning acceptably, the intersections are failing, given the crossing volumes. And something in those networks would have to give -- it would be the addition of features which, you know, up until now the community has said they don't want to see. CHAIRWOMAN MAC'KIE: And I guess this -- MR. JONES: But we can -- but we will return to you with, you know, what the network would look like. And maybe the ideal time to do it would be in the preparation of that build-out network, because that would be -- COMMISSIONER CARTER: I think, Gavin, we've got to see it and we've got to deal with reality. I don't want the great over or underpasses or flyovers any more than anybody else. But I have to deal with reality. And I want to see what it's going to look like out here in a 20-year plan, plan for it, find a revenue to pay for it, so that we can be ahead of what we're doing instead of everybody in our face about we don't do anything. COMMISSIONER BERRY: I agree with Jim on that totally. Granted, I don't think any of us sitting up here wants spaghetti junction. I don't think we're looking at that. We already have overpasses, so anybody that walks around saying that we don't have them, you haven't driven lately, or if you have, you're not paying attention. Because we already have them. And so let's get on with it. We're going to have them. Let's make them look pretty, and let's do whatever it is to get people from one point to another relatively safely. CHAIRWOMAN MAC'KIE: There are a couple other points I think you were asking for direction in your -- MR. JONES: Just to bring to your attention, one regarding the comprehensive pathway plan. There's a comment in there, although we have a comprehensive pathway plan that, you know, would give us a picture of a pathway system for our future, staff's comments just Page 52 May 25, 1999 refer to the method in which improvements are programmed, and maybe would lead those to be more the programming of them to be more systematic. And that's staff's comment. That's Page 10, Policy 4.3. COMMISSIONER CARTER: What do you need from us, Gavin? I think that's an integrated part. It has to be there. Are you saying that we're not giving you enough direction on this? MR. JONES: It's just the methodology by which improvements are programmed. The model for the comments in the executive summary is the method in which improvements are programmed on the state -- in the state's work program, that they would -- A, that they would have to appear on the comprehensive pathway plan. That's a requirement of law that we can't construct facilities in the state work program, unless they appear on the plan first. But also, that they be the product of a priority-setting process that would be guided by the Pathway Advisory Committee. And essentially that is how improvements are programmed in the state work program, and that's staff's recommendation for how the improvements would be -- how pathway improvements would be programmed. Those two features. One, that it would have to appear on the comprehensive pathway program before it could be considered for programming in the county's work program. And two, that it would be part of a prioritized list of improvements that would come out of the pathway advisory committee. CHAIRWOMAN MAC'KIE: I certainly want you to do that. COMMISSIONER CARTER: Yeah, I want you to do that. I mean, I've been reading all the e-mails lately and I would -- MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: The point here is that the current policy language allows the construction of elements to the plan that are disjointed, essentially, and doesn't result in a focused, integrated system. We feel that if we make this ~changes in the policy, we'll be able to ensure that the improvements that are made are in fact linked together and part of the system. COMMISSIONER CARTER: Thank you, Bob. That's exactly what I want. COMMISSIONER BERRY: Makes sense. CHAIRWOMAN MAC'KIE: That sounds like you have support for that. Is there anything else that you were looking for? MR. JONES: We've touched on the inclusion of a build-out network. And just a reminder that we haven't talked so much about connectivity today, but staff will be returning with a report on that. And the intention is on the June 22nd agenda. CHAIRWOMAN MAC'KIE: Okay. Anything else we need to do on this one, Mr. Fernandez? MR. FERNANDEZ: No, that's everything. COMMISSIONER CONSTANTINE: Madam Chairman, the next two items look like 30 second items each. CHAIRWOMAN MAC'KIE: They're quickies. Do you want to get rid of them? Item #8B1 RESOLUTION 99-249 RE THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON-EXCLUSIVE ROAD RIGHT OF WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY Page 53 May 25, 1999 CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR LANING IMPROVEMENTS FOR IMMOKALEE ROAD (C.R.846) PROJECT BETWEEN 1-75 AND C.R. 951 - ADOPTED 8(B) (1), a resolution on -- COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion to approve. Second. All those in favor, say aye. Passes unanimously. Page 54 HAY ? 5 1999 RESOLUTION NO. 99-249 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS AND/OR NON-EXCLUSIVE, PERPETUAL ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE FOUR-LANING ROADWAY IMPROVEMENTS FOR IMMOKALEE ROAD (C.R. 846) PROJECT BETWEEN 1-75 AND C.R. 951, CIE NO. 08. WHEREAS, the Board of County Commissioners, 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 four-laning improvements to Immokalee Road between 1-75 and C.R. 951 is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the Board of County Commissioners, on September 16, 1997, adopted Resolution No. 97-356 authorizing the County Staff to acquire by gift or purchase certain easements and/or fee simple title to the property and property interests required and necessary for the four- laning roadway improvements of Immokalee Road between 1-75 and C.R. 951; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impa"cts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. WHEREAS, the Board of County Commissioners adopted Resolution No. 99-80 on January 26, 1999 authorizing the acquisition by gilt, purchase or condemnation of property interests necessary for the four-laning of Immokalee Road. WHEREAS, this Resolution is being adopted to correct a scrivener's error in legal descriptions as to parcels 101, 117, 717, & 127C1. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that it has been determined by the Board that the construction of the four-laning roadway improvements for Immokalee Road between 1-75 and C.R. 951, (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. Page 1 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described Exhibit "A" to wit: fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility drainage, maintenance and temporary construction interests by easement. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staffis 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 and therefore it will not be necessary to remove any mobile homes bom the property to be acquired. AND IT IS FURTHER RESOLVED that this Resolution supersedes County Resolution No. 99-80. This Resolution adopted on this~--,~'/qday of~JQ'~ , 1999, after motion, second and majority vote. ATTEST: ittest to Cha 1-' aS ' Iqllan ' S Signature OnT,Y~ L ~aVed ~ to fo~ ~d legal sufficiency: Heidi F. Ashton, Assist~t COunty Attorney Page 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS...100 & 700. FOLIO NO ....... 41930880003 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R.846) lOO' R\W ............ ........... 50' ~ EXISTING R\W LINE 50~ / 196.78' PARCEL 700-~ PARCEL 10 o DESCRIPTION (PARCEL 100) fee simple THE SOUTH FIFTEEN (157 FEET OF THE NORTH SIXTY FIVE (65')FEET OF THE EAST THIRTY FIVE (357 FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 525 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 700) temporary construction easement THE SOUTH TEN (107 FEET OF THE NORTH SIXTY (60') FEET OF THE WEST FORTY FIVE (45') FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES , UNIT NO. 97, AS RECORDED IN PLAT BOOK 7 PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 450 SQUARE FEET MORE OR LESS. EX H'IBI':r -~ , GENERAL NOTES I ..... ,,, 1)P.O.C. = POINT OF COMMENCEMENT,.-~)~ ~ ~,./~//.~ ' ~.~ // P.O.B. = POINT OF BEGINNING PREPARED S~--.~-...~....~....~/. .......... DATE.~/.f...~./....~...% 2) 3) SEC. = SECTION ~"~GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 84112 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE OCT. 14, 1998 IMR100 SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341~¥ 2 5 1999 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NO ................... 101 FOLIO NO...4~l ~.3.0.9. 2.Q D.0. ~ ........ IMMO~LEE ROAD 100' R~W '. 350.01, : .... ~2.96' '~'~ I , ' ~_1~7.o5, i~ PARCEL ~0~ ~i I I ~15' : : : . ~ : : ~1 I : : ~ : _ : T~CT19 T~CT20I ~ I 8 I DESCRIPTION (PARCEL 101) fee simple title THE NORTH SIX~ FIVE (~5') FEET OF THE WEST 252.98 FEET OF THE EAST 302.9~ FEET AND THE SOUTH FIFTEEN (15') FEET OF THE NORTH SlX~ FIVE (~5') FEET OF THE WEST 47.05 FEET OF T~CT 20, OF THE P~T THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN P~T BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNt, FLORIDA. CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS. EXHIBIT 2) P.O.B. = POINT OF BEGINNING PREPPED S ........... DATE ................. 4) TWP, = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL REG. 5) RGE. = ~NGE PUBLIC WORKS ENGINEERING DEPT. 6) ~ = RIGHT OF WAY COLLIER COUN~ GOVERNMENT COMPL~ 7) ALL DISTANCES ARE IN FEET AND DECI~LS THEREOF ~1 ~ST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED S~L OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA ~112 DRAWN aY cHECKE6'~Y ~E DATE FILE NO. NOT TO SCALE OCT. 14, 1998 IMR101 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 MAY 2 b 1~ SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .......... 69101 PARCEL NO ............. 102 & 702 FOLIO NO ......... 41930960004 IMMOKALEE ROAD (C.R. 846) FEE SIMPLE P.O.C.. TEMPORARY CONSTRUCTION EASEMENT .._ 275.01' PARCEL 702,~?, PARCEL22501,102 ~ ~ LU --; TRACT 21 , ~' I LESS THE EAST 75' 0 I THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 275.01 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO.97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS. DESCRIPTION PARCEL702 temporary construct£on easement COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 ,OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO. 97,AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF OAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING, THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED PERPENDICULAR TO, SAID NORTH LINE OF TRACT 21, A DISTANCE OF 40 FEET; THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS. GENERAL NOTES ~.5~ ~ ~ o~/ _ ./~ / , P.O.B. = POINT OF BEGINNING PREPARED . ..DATE. 23) SEC. = SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/VV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO, NOT TO SCALE NOVEMBER 2, 1998 IMR102 SHEET 1 OF I PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 MAY ? 5 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .................. 69101 PARCEL NOS ....... 102A & 702A FOLIO NO .......... 41931000002 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R. 846) 100' R\W o I ~/ EXISTING R\W LINE PARCEL 102A PARCEL 702A// 40' EAST 75 FEET OF TRACT 21 I I DESCRIPTION (PARCEL 102A) fee slmple tltle THE NORTH FIFTY (50') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3750 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 702A) temporary construction easement THE SOUTH TEN (10') FEET OF THE NORTH SIXTY (60') FEET OF THE EAST FORTY (40') FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 400 SQUARE FEET MORE OR LESS. EX~[BIT GENERAL NOTES ,'I ', , P.O.B. = POINT OF BEGINNING PREPARED ...DATE. /4 ~'? 23) SEC. = SECTION GEORGE 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 OCT. 16, 1996 ~am02A SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 341 I~Ay 2 5 !~9 PROJECT NO. 69101 PROJECT PARCEL NO. 103 TAX PARCEL NO. 41931040004 ,LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE NORTH FIFTY. (50') FEET OF TRACT 22 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 103 BY: DATE: GEOJ~E R. RICHMOND - PROFESSIONAL LAND SURVEYOR #240§ OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5501 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 PROJECT NO. 69101 PROJECT PARCEL NO. 105 TAX PARCEL NO. alq~nno? i ,LEGAL. DESCRIPTION (.NOT A SURVEY) fee simple title THE NORTH FIFTY (50') FEET OF TRACT 51 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 105 BY: DATE: GEOJ~E R/RICHMOND ' PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5501 E TAMIAMI TRAIL NAPLES, FLORIDA .34112 MAY 2 5 1999 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (94-1) 774--8192 34112 PROJECT NO .......... 6,9101 PROJECT PARCEL NO. lQ,6 TAX PARCEL NO.. 41934920008 .LEGAL DESCRIPTION (NOT A SURVEY) fee simple title TI IE NORTI! FIFTY (50') FEET OF TRACT 70 OF TIlE PLAT TI IEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PI.AT BOOK 7, PAGE 96, OF TIIE PUI3LIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16.~00 SQUARE FEET OR .379 ACRES MORE OR LESS. PARCEL 106 bY: DATE: GE O,l:~:l~E R. vRICHMOND PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3501 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 HAY ? 5 !999 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 109 & 709 FOLIO NO ......... 41936480009 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R. 846) 100' R\W EXISTING' R\VI LINE J 140' TRACT 91 DESCRIPTION (PARCEL 109) fee simple title THE NORTH FIFTY (50') FEET OF TRACT 91, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL709) temporary construction easement THE SOUTH THIRTY (307 FEET OF THE NORTH 60 FEET OF THE EAST 140 FEET OF TRACT 91 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS. GENERAL NOTES ~>~5~ ~ o -~' 2¢ 1) P.O.C. = POINT OF COMMENCEMENT ~~ ..~../~ .~.~.. 2) P.O.B. = POINT OF BEGINNING PREPARED ....... DATE .... 3) SEC. = SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/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 ISCALE DATE FILE NO. NOT TO SCALE OCT. 16, ieee ~Mm09 SHEET 1 OF 1 NAY ~ 5 lq.qg PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS..110 & 710 FOLIO NO .......... 41939760007 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R. 846) 100' R\W EXISTING R\Vl LINE / , I I 40' TRACT 110 , I I DESCRIPTION (PARCEL 110) fee s£mp[e t±t[e THE NORTH FIFTY (507 FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL 710) temporary construction easement THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS. EXHIBIT GENERAL NOTES - ~ ~ ~.~//.. 2) P.O.B. = POINT OF BEGINNING PREPARED BY ....... DATE... 3) SEC. = SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) 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 OCT. 16, 1998 IMRll0 SHEET 1 OF 1 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 PlAY 34-112 5 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO. 69101 PROJECT PARCEL NO. 1 ] 2 xTk~l:X PARC El_ NO. 41941040007 Folio fee simple title THE NORTH (50') FEET OF TRACT ! 50 OF THE PLAT THEREOF, GOLDEN GATE ESTATES,UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 0.524 ACRE (22,836 SQUARE FEET), MORE OR LESS. PARCEL 112 DATE: ~1~-~1-' R. RICHMOND PROFESSIONAL lAND SURVEYOR #2406 OFFICE OF CAPI1AL PROJECTS COI_LIER COUNI¥ GOVERNMENT COMPLEX 3501 E TAMIAMI ]'RAIL NAPLES, FLORIDA 34112 MAY ? 5 1999 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS. 113 & 713 FOLIO NO ............ 00195000009 FEE SIMPLE TEMPORARY CONSTRUCTION EASEMENT 330.13' IMMOKALEE ROAD (C.R. 846) o 100' R\W EXISTING R\W LINE__..__~.. PARCEL330' 113 o',~ ' WEST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 SEC.28,TWP. 49S, RGE. 26 E. I I I DESCRIPTION (PARCEL 113) fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL713) temporary construction easement THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1250 SQUARE FEET OR .029 ACRES I GENERAL NOTES P.O.B. = POINT OF BEGINNING PREPARED ...... DATE.. 3) SEC. = SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 5) RGE, = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) R/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. NOTTO SCALE OCT. 16, 1998 IMRll3 SHEET 1 OF 1 MAY ? 5 !999 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 3z~112 PROJECT NO. 6910:]. PROJECT PARCEL NO. 114 TAX PARCEL NO. 00,195040001 i LEGAL_DESCRIPTION (NOT A SURVEY) fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OFTHE EAST ONE HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS. PARCEL 114 PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS , COLLIER COUNTY GOVERNMENT COMPLEX 5301 E TAMIAMI TRAIL NAPLES, FLORIDA .34112 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA ,..34112 (941) 774-8192 PROJECT NO. 69101 PROJECT PARCEL NO. 115 TAX PARCEL NO. 0019548000] LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE SOUTH FIFTY (51)') FEET OF THE NORTIt 150 FEET OF THE WEST ONE HALF OF THE NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA. CQNTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS. PARCEL 115 PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 MAY ~ 5 1999 '3301 OFFICE OF CAPITAL PROJECTS ,LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO 69101 PROJECT PARCEL NO..:116 TAX PARCEL NO. 00195360008 i fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST ONE HALF OF THE NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS. PARCEL 116 PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 5301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 NAY ~ 5 t999 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 117 & 717 FOLIO NO....0 D.]-9.5 D.8 D.I/G 3, ...... 330.13' IMMOKALEE ROAD (C.R. 846) 100' R\W oo WEST 1/2, NORTHWEST 1/4 NORTHEAST 1/4, NORTHWEST 1/4 SEC. 28, TWP. 48S, RGE 26E. DESCRIPTION (PARCEL 117) fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL717) temporary construction easement THE SOUTH TWENTY (20') FEET OF THE NORTH 170 FEET OF THE WEST FORTY FIVE (45') OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR .021 ACRES EXHIBIT GENERAL NOTES ' , i' ~1 2,~) SEC. = SECTION ~ GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RAN = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOTTO SCALE OCT. 16, 1998 IMRl17 SHEET 1 OF 1 MAY ? 5 l§gg · 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 .LEGAL DESCRIPTION (.NOT A SURVEY) PROJECT NO, 69101 PROJECT PARCEL NO. 11,8 . TAX PARCEL NO... 00194840008 I fee simple title THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE EAST ONE HALF OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS. PARCEL 118 Y~/~~R.'" RICHMOND /¢/~ ..¢B-E.¢~13E DATE:... ~' PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 MAY 2 5 !999 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 54112 PROJECT NO. 6910],. PROJECT PARCEL NO. .. 120 TAX PARCEL NO. 0019512000:2 LEGAL DESCRIPTION (NOT A SURVEY) fee simple title THE SOUTH FIFTY (50') FEET OF TilE NORTH 150 FEET OF THE EAST ONE HALF OF THE NORTHEASTQUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 12545 SQUARE FEET OR 0.288 ACRES MORE OR LESS. PARCEL 120 PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX ,3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 NAY 2 5 1999 SKETCH OF DESCRIPIION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS.122,722 & 722A FOLIO NO ........... 00194800006 NORTHEAST CORNER SEC. 28, TWP. 48,RGE. 26E, COLLIER COUNTY, FLORIDA. IMMOKALEE ROAD C.R. 846 (100' R\W) i N 89" 16' 32" W ........ 1.980..1~9_.: PARCEL 122 !-~10' 961.79' ~1 75' " 352.5 352 '12o' 34' ,,' 1 ~ z-PARCEL 722B ,,, DESCRIPTION PARCEL 122: FEE S~MPLE THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST 1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS. DESCRIPTION PARCEL 722A TEMPORARY CONSTRUCTION EASEMENT THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST 1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9350 SQUARE FEET OR .215 ACRES. DESCRIPTION PARCEL 722B TEMPORARY CONSTRUCTION EASEMENT THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST 684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. CONTAINING 2680 SQUARE FEET OR .062 ACRES. EXHiBiT -i GENERAL NOTES ~ . ~ i ~' ~ /// / 1) P.O.C. = POINT OF COMMENCEMENT 2~) SEC. [] SECTION GEORGE R. RICHMOND 4) TWP. = TOWNSHIP PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 5) RGE. = RANGE PUBLIC WORKS ENGINEERING DEPT. 6) RNV = RIGHT OF WAY COLLIER COUNTY GOVERNMENT COMPLEX 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 DRAWN BY CHECKED BY SCALE DATE FILE NO. NOT TO SCALE OCT. 19, 1998 IMR122 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 MAY 5 i~99 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ....... 69101. PARCEL NO ...... 127C1 FOLIO NO ..... 66262003685 fee simple title COMMENCING AT THE NORTHEAST CORNER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 27 SOUTH 1 DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.12 FEET; THENCE NORTH 89 DEGREES 10 MINUTES 56 SECONDS WEST, A DISTANCE OF 160.13 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE LYING 160 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOUTH 1 DEGREE 28 MINUTES 41 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 57 DEGREES 49 MINUTES 50 SECONDS WEST, A DISTANCE OF 96.02 FEET; THENCE ALONG A LINE LYING 150 FEET SOUTH, AS MEASURED PERPENDICULAR TO, THE NORTH LINE OF AFORESAID SECTION 27 SOUTH 89 DEGREES 10 MINUTES 56 SECONDS EAST, A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.046 ACRE (1,998 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE EAST LINE OF SAID SECTION 27 BEING SOUTH 01 DEGREES 28 MINUTES 41 SECONDS EAST. PARCEL IR127C1 EXHIBIT PROFESSIONAL LAND SURVEYOR-FL. REGi # 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 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.C. NORTHEAST CORNER SECTION 27 TOWNSHIP 48 SOUTH RANGE 26 EAST ~ - ......................... IMMOKALEE ROAD I S 89'10'56"E ~ I N 89.10.56,.W 96.02, PEBBLEBROOKE ~ .' EAST LINE SECTION 27 GENERAL NOTES ;' 1) P.O.C. = POINT OF COMMENCEMENT :1 E X HC~I B I T 2) P.O.B. = POINT OF BEGINNING 3) SEC. - SECTION ~ ~- ~-~_~ ~-~ ~ o~ 4) TWP. - TOWNSHIP 5) RGE. = RANGE 6) R/VV = 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. NOTTO SCALE OCT.28,199; IMR127Cl SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS (941) 774-8192 34112 PROJECT NO. 69101 PROJECT PARCEL NO. 128 TAX PARCEL NO. 00192920001 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) fe~ simple title COMMENCING AT THE NORTHWEST CORNER OF SECTION 26 TOWNSHIP 48 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALSO LYING ON THE NORTH RIGHT OF WAY LINE OF IMMOKALEE ROAD (C.R.846); THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 100.08 FEET; THENCE SOUTH 1 DEGREE 33 MINUTES 36 SECONDS EAST, A DISTANCE OF 100.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 1220.60 FEET; THENCE SOWI~ 85 DEGREES 32 MINUTES 11 SECONDS WEST, A DlSTANCE OF 276.2~ FEET; THENCE NORTH 89 DEGREES 16 NIINUTES 18 SECONDS WEST, A DISTANCE OF 723.60 FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 10 SECONDS WEST, A DISTANCE OF 220.73 FEET TO THE EAST RIGHT OF WAY LINE QF A 100 FOOT CANAL EASEMENT; THENCE NORTH I DEGREE 33 MINUTES 41 SECONDS WEST ALONG SAID EAST LINE OF THE 100 FOOT CANAL EASEMENT A DISTANCE OF 37.00 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.652 ACRE (28,384 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS THE SOUTH RIGHT OF WAY LINE OF IMMOKALEE ROAD BEING SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST. PARCEL 128 DRAWN BY: CHECKED BY: SCALE: DA~'E: G EbJ~C E R: PROFESSIONAL ~ND SURV~OR ~2406 OFFICE OF CAPITAL PROJECTS COLLIER COUN~ GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL FLORIDA 34112 FILE NO,: SHEET ~'.:~[F OFFICE OF CAPITAL PROJECTS 5,501 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54-112 (941) 774-8192 SKETCH OF DESCRIPTION P.B,C, -- N.W. Corner Sec. 26 .37.00' .-_..,. IMMOKALEE RD. SR-846 (100' R/W)' S. B9'16'18"E. 1220.60 S 87'37'10"W S 85' · 220.73' N' ' 276.25' z ~ CANAL 0oo' R/w) N. Line N.W. 1 Sec. 26 N.89'16'18"W. PARCEL 128 GENERAL NOTES 1) p,F1,C, indicates Point aP Commencement 8) P,O,B, indicates Point oF Beginning 3) Sec, indicates Section 4) Twp, Indicates Township 5) Rge, indica-t;es Range 6) R/V/ indicates Right-or-way 7) Att distances are In Peet and declMatS thereoP 8) Basis aP Bearings is the North R/~/ Line aP Immokatee Road being S,89°16'18'E, 9) Not vatid unless signed and sealed with -the embossed sec~[ oF the pr, oPesslonat rand surveyor THIS IS ONLY A SKETCH DRAWN BY: CHECKED BY: SCALE: DATE: FILE NO.: NOT TO 06-02-97 PR-1P8 SCALE EXHIBIT SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 NAY 2 5 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ...... ..6..9.!.0.! ...................... PROJECT PARCEL NO .... .7,.2...8. ................ TAX PARCEL NO,....0..0.,.l.?.,~,..9..2...0..0...q~ ...... temporary construction easement COlVl]VlENC~G AT THE NORTHAVEST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 26, DISTANCE OF 300.00 FEET; THENCE SOUTH 0 DEGREES 43 MINUTES 42 SECONDS WEST, A DISTANCE OF 126.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS EAST. A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 16 NflNU'~S 18 SECONDS EAST. A DISTANCE OF 723.60 FEET; THENCE NORTH 85 DEGREES 32 lVlTNUTES 11 SECONDS EAST. A DISTANCE OF 276.25 FEET; THENCE SOUTH 1 DEGREE 34 M]NUTES 27 SECONDS EAST. A DISTANCE OF 38.03 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 426.02 FEET; THENCE SOUTH 0 DEGREES 43 NITNUTES 42 SECONDS WEST A DISTANCE OF 39.00 FEET; THENCE NORTH 89 DEGREES 16 lVlINUTES 18 SECONDS WEST A DISTANCE OF 512.98 FEET; THENCE SOUTH 48 DEGREES 48 MINUTES 04 SECONDS WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 0 DEGREES 43 NIINUTES 42 SECONDS EAST A DISTANCE OF 64.78 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 54.02 FEET; THENCE NORTH 0 DEGREES 43 MINUTES 42 SECONDS EAST A DISTANCE OF 17.66 FEET; THENCE NORTH 87 DEGREES 37 MINUTES 10 SECONDS EAST A DISTANCE OF 54.08 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.998 ACRE (43,466 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE NORTll LINE OF SECTION 26 BEING S 89°16'18'' E. PARCEL 728 EXHIBIT I ,~ /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 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~[1~2 § 1999 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY P.O.(:;. N.W. CORNER SEC.26, Tw.. 4SS,R~E. 2SE. IMMOKALEE ROAD (C.R.846) ] S 89°16'18"E : ' S 0°43'4~N N 87°37'10"E ~--~ LLII I 126'41~----'' ~ ,~___26.00' ~.,PARCEL 128 ~ = ~[ N87'3T10"E~"~J.'f"-- S~9'2~E "' · N,8 ~ ~ .~.0~;' ~~ P.O.". 749.56' L N89 1~18~ 428.05 N 0'~42'~ ~ ~1 _ ~ N 89'I~18'W ~ ~ 17,66' / ~1 ~ 5 512.98' .S0'~'4~ Sl'34'2TE ~ 5~02' ~- ~ ~~U~_~~ -- PARCEL 728 GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING ' EX HIBI'~ 3) SEC. SECTION , , ~ ...... 4) ~P. = TOWNSHIP ' 5) RGE, = RANGE 6) Rm = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF a) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR DRAWN BY CHECKED BY ~ALE DATE FILE NO. NOT TO SCALE SHEET 2 OF Item #8B2 May 25, 1999 RESOLUTION 99-250 RE THE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR CONSTRUCTION OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD FROM IMMOKALEE ROAD (C.R. 846) TO A POINT 0.5 MILES SOUTH OF THE LEE/COLLIER COUNTY LINE 8 (B) (2) . COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Okay. Then when we come back from lunch, we can start with 8(B) (3) o I can't seem to read the clock. What time -- we'll come back at 1:30, an hour and 15 minutes. COMMISSIONER BERRY: That's fine. CHAIRWOMAN MAC'KIE: Come back at 1:30. Luncheon recess. Motion to approve. Second it. Ail in favor, say aye. Page 55 RESOLUTION NO. 99- ~§0 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT, PURCHASE OR CONDEMNATION OF FEE SIMPLE TITLE INTERESTS FOR CONSTRUCTION OF THE INITIAL TWO-LANE ROADWAY IMPROVEMENTS FOR LIVINGSTON ROAD FROM IMMOKALEE ROAD (C. R. 846) TO A POINT 0.5 MILES SOUTH OF THE LEE/COLLIER COUNTY LINE, CIE PROJECT NO. 21. WHEREAS, the Board of County Commissioners, 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 initial two-lane improvements to Livingston Road from Immokalee Road (C. R. 846) to a point 0.5 miles south of the Lee/Collier County Line (hereinafter referred to as Segment A), is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the Board of County Commissioners, on May 19, 1998, adopted Resolution No. 98-165 authorizing the County staff to acquire by gift or purchase certain easements and/or fee simple title to the property and property interests required and necessary for the initial two-lane roadway improvements of Livingston Road from Immokalee Road (C. R. 846) to the Lee/Collier County Line, which is inclusive of Segment A; and WHEREAS, the location for construction of the proposed Segment A improvements has been fixed by design and permitting and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for Segment A for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the Segment A two-lane roadway for Livingston Road from Immokalee Road (C. R. 846) to a point 0.5 miles south of the Lee/Collier County Line, is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Segment A roadway is part of the County's long range planning effort, and is included in the Transportation Element of the County's Page 1 MAY 2 5 1999 Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs. AND IT IS FURTHER RESOLVED that the County staff has reviewed alternative locations for the Segment A roadway, various impacts to the environmental, public safety and welfare considerations associated with the design and construction of the project, and the costs associated with the design, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed Segment A roadway improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Segment A roadway as designed and permitted, it is necessary for the Board to acquire the various fee simple title interests described Exhibit "A". AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staffis 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 for Segment A as 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 and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution adopted on second and majority vote. day of ~ · 1999· after motion, ATTEST: : DWIGHT E. BROCK, CLERK : 2' ,! i:"';I~:~'~ '):' '" ~ , Clerk. ~&tu~e 'o/nlX/.:~: 7,, ,, L .:: " ~ . ' -.~. 2: . L.~ .',~ , Hhi~F:XFhton ' Assistant County' Attorney BOARD OF COUNTY COMMISSIONERS By:OF~o~MAN Page 2 Hole, Montes & Associates, Inc. Engineers / Planners I Surveyors Folio #00163520003 FEE SIMPLE 'w', PARCEL 83-T A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE'SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2667.24 FEET.TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88°31'07'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.02 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE'OF THE SOUTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00°43'01'' E., PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 3.98 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 994.11 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88o27'02'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00035'09'' E., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 998.42 FEET TO THE POINT OF BEGINNING, CONTAINING 6.30 ACRES, MORE OR LESS. BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/14/91 HOLE, MONTES. & ASSOCIATES, INC. BY P.L.S. #3741 J. Gar~is State of Fla. 715 Tenth St. South P.O. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262.3074 E] 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 -t-p- , :' E] 10550 Abernathy Street Bonita Sprfngs, FL 33923 (813) 992-0795 FAX (813) 992-2327 ~-} 0' 100' 200' 300' I.~ SCALE m ~ ll0'FPAL EASEHENT O.R.166. PG.tS5~ , ~ ~ 125'FP&L ;ASENENT. O.R.,t0. PG.9/t~ ~ . ~3o~w N00'35'09'W gg& 11' SOUTHEAS* CORNER. ~ 83T ~ E 30 q: 19 SEC.=~-~S-~S 'NOT A SURVEY' NFO 0CT.1990 SKETCH ~Aw. TO ACCOHPANY LEGAL DESCRIPTION ' TJ6 0CT.1990 U/ HOLE, MONTES · ASSOCIATES C,v, NoSmON ROAD ~~~~ ENGINEERS - P~N[~ - SUW~ORS PARCELA 83T PROJ~T .O. ~ ~~~ ~ NAPES - FO~ MYERS - BONITA SPRINGS SECTION 2~ TWP.~8S. RNG.25E 1 REVISED LEGAL DESCRIPTION 211191 B--9~ ~o55o ASERNATHY ST. 8GreTA sPmNGS, rC ~3~23 COLLIER COUNTY FLORIOA D,AW~N~ NO, ~REV. · DESCRIPTION DATE FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio #00163560005 MAY 2 5 199g PARCEL 84-T A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 1331.23 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24 AND ~HE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88°25'41'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00°35'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 665.40 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88022'58'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF.SAID SECTION 24; THENCE RUN S. 00035'09'' E., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 665.62 FEET TO THE POINT OF BEGINNING, CONTAINING 4.20 ACRES, MORE OR LESS. BEARINGS REFER TO AN ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENT~, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC. BY Thomas J. ~C~rris P.L.S. #3741 State of Fla. 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 0' 100' 200' 300' /.00' SCALE I I I I 107 I I I I '30'RIW & DRAINAGE E_ASEMENT I ' ~'/~'O'R'S33' PG.963N00.36.01.Wi 665.09' % -- ---I I ~ ~ . ~ * 72 '~zI ~ 'FP&L EASEMENT 0.R.166, PG.'85~ ~1~ ~ ~s ~ ~oo'~3'o~'w ~ I~s.~2' 5OUTHEAST CORNER SEC.2~--~8--25 I sEc.2~-~e-25 'NOT A SURVEY' NFO OCT. 19g0 SK TO ACCOHPANY LEGAL DE~CRIPTIO~ TJ6 0CT.1990 ~~--~~.& HOLE, MONTES · ASSOCIATES LIVINGSTON ROAD CH.KEDpY: gATE REVISED LEGAL DESCRIPTION 2/1/91' ~ ~~~ ~ NAPLES - ~ORT MYERS - BONITA SPRINGS SECTION 24 TWP.485, RNG. 25E B--946 10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 ~0L~IER CO UNTY FLORIDA 9~AW~N~ NOt DESCRIPTION DATE FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio #00164800007 REVISED PARCEL l16-T MAY 2 5 1999 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 24, THENCE RUN N. 00°35'09'' W., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 1996.86 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/~ OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF'THE NORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88o22'58'' W., ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00o35'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88o21'35'' E., ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE SOUTH 1/2 OF T,~E NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00o35'09'' E., ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.81.FEET TO THE POINT OF BEGINNING, CONTAINING 2.10 ACRES, MORE OR LESS. BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC. · G~rris State of Fla. 715 Te~th St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 I iEV.~I 25 107 30'R/W & DRAINAGE EASEMENT N00'36'01'W/ O.R. 533. PG.g63 ...... z ~eJI ~1 ~125'~PAL EASEMENT, '~ ~ ~ O.R.460. PG.728~ ~ SOUTHEAST CORNER. EAST I1~ CORNER. ~ o '~ ~ Z .SEC.2~--~8--25 I SEC. 2&--48--25 ~ ~ ~ ~z N00',3'01'W ~ ~ '19 ~ o--;~ ~ S00'35'09'E 665.62' EAST LINE.Sll2. NElll, NEIli, NElll, SEC. 21--18--2~ 13 18 N ' 0 0' 100' { REVISED LEGAL DESCRIPTION DESCRIPTION HOLE, MONTES &: ASSOCIATES ENGINEERS - PLANNERS - SURVEYORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATNY ST. BONITA SPRINGS. FL 33923 200' 300' &00' SCALE SKETCH TO ACCOMPANY LEGAL DESCRIPTION LIVINGSTON ROAD PARCEL# 116T SECTION 24 TWP./,8S, RNG.25E ;QLI~IER COUNTY FLORIDA 'NOT A SURVEY-', MFO OCT.lggu DRAWN 0Y: DATEi TJG OCT.lgg0 CHECKED ~Y: ~IAT~i 85.311 PROJECT B--g47' DRAWING NOI FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio #00164440001 REVISED PARCEL 107-T MAY 2 5 1999 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00°43'01'' W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2667.24 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 2329.67 FEET TO THE SOUTHEAST CORNER OF THE NORTH 1/~ OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF' THE NORTHEAST 1/4 OF SAID SECTION 24 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88021'35'' W., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO A POINT 275.00 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 00035'09'' W., PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.70 FEET TO A POINT ON THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN N. 88°20'15'' E., ALONG THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 275.04 FEET TO THE NORTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE RUN S. 00035'09'' E., ALONG THE EAST LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24, FOR A DISTANCE OF 332.81.FEET TO THE POINT OF BEGINNING, CONTAINING 2.10 ACRES, MORE OR LESS. BEARINGS REFER TO A~ ASSUMED BEARING OF S. 00°43'01'' E. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC. · Thomas J. s State of Fla. [] 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 6202oF Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX {813) 481-1015 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 0' 100' 200' 300' ~.00' I 107 I I I ; 30'RIW EASEMENT O.R.3g0. PG._t'O~_t I .,; ,.,.t.. ~-110'FP&L EASEMENT ~m 84 I 116~-I- : ; ~ 332.70' /~ ~ ~ 30 le '~ ~~ poe~',S00.35'0g'E ~ ~SOUTHEAST CORNER. EAST 11~ CORNER. x~ 332.81' lg 18 SEC.24--~8--25 S~C.2~--~--25 .EAST LINE. Nll2, NEII~. NEII~. SEC.24--~8--25 'NOT A SURVEY' SKETCH NFO 0CT.1990 DRAWN BY: GATE U~~ HOLE, MONTES A ASSOCIATES TO ACCO.PANY LEOAL OESCRIP~ION TJ~ OCT.~9~0 · ~ ~ ~ LIVINGSTON ROAD c.~Eo ~Y: DATE 1 REVtSEG LEGAL DESCRIPTION 211191 ~ ~ ~ ~ ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION 2A TWP.48S. RNG.25E B --9~8 REV.~; DESCRIPTION DATE 10550 ABERNATHY ST. BONITA SPRINGS. FL ~923 COLLIER CO UN TY FL ORIOA FEE SIMPLE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 (941) 774-8192 5 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ......... ~,.~..~..(,,Z.....'fit:./. ........... PROJECT PARCEL NO....I.~....-...~....~.. ..... TAX PARCEL NO ..................................... ~o~,~o #oo~5o4~ooo4 BEGIN AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA; THENCE SOUTH 88° DEGREES, 20 MINUTES, 15 SECONDS WEST ALONG THE SOUTH LINE OF SECTION 13 A DISTANCE OF 275.05 FEET;; THENCE NORTH 0 DEGREES 35 MINUTES 09 SECONDS WEST, A DISTANCE OF 5.31 FEET; THENCE NORTH 0 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 449.90 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1772.36 FEET AND A CENTRAL ANGLE OF 7 DEGREES 00 MINUTES 00 SECONDS; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 216.53 FEET; THENCE NORTH 88 DEGREES 22 MINUTES 40 SECONDS EAST, A DISTANCE OF 276.27 FEET TO THE POINT OF CURVATURE OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2047.36 FEET, A CENTRAL ANGLE OF 6 DEGREES 12 MINUTES 16 SECONDS, AND A CHORD OF 221.60 FEET BEARING SOUTH 3 DEGREES 37 MINUTES 47 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 221.71 FEET; THENCE SOUTH 0 DEGREES 31 MINUTES 37 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 449.76 FEET TO THE POINT OF BEGINNING. CONTAINING 184,691 SQUARE FEET OR 4.240 ACRES. PREPARED ~'1~'1~ 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 3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34~1~ (941) 774-8192 5 1999 SKETCH OF DESCRIPTION NOT A SURVEY c~ F- Z UJ N 0°35'09"W 5.31' GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION Curve Delta Angle 4) TWP. = TOWNSHIP I 7°00'00.' 5) RGE. = RANGE 2 6°12'16" 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 BY CHECKED BY SCALE DATE NOT TO SCALE OCT. 23, 1998 88°22'40.0"E 276.27' 12.00' "~ S 88°20'15.0"W ', ,275.05, P.O.B. SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST. Radius Arc Tangent Chord 1772.36 216.53 108.40 216.40 2047.36 221.71 110.96 221.60 FILE NO. LIV45T Chord Beadng N 4°01'37" W S 3°37'47'' E SHEET 2 OF 2 FEE SIMPLE PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 NAY 2 5 1999 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ............... .~,....~...~.....4j. [. ...... PROJECT PARCEL NO...!..,~,.,-,,.7..~, ........ TAX PARCEL NO ..................................... ~o,,~o ~oo~,~o~o5 COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; 1'HENCE NOI;JrH 0 DEGREES 31 MINUTES 37 SECONDS WEST, ALONG THE EAST L1NE OF SAD SECTION 13 A DISTANCE OF 671.26 FEET; THENCE SOUTH 88 DEGREES 22 MINUTES 40 SECONDS WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; THENCE CONT1NUE SOUTH 88 DEGREES 22 MINUTES 40 SECONDS WEST A DISTANCE OF 276.27 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1772.36 FEET, A CENTRAL ANGLE OF 22 DEGREES 53 MINUTES 41 SECONDS, AND A CHORD OF 703.51 FEET BEARING NORTH 18 DEGREES 58 MINUTES 27 SECONDS WEST; THENCE NORTH ALONG SAID CURVE, A DISTANCE OF 708.22 FEET; THENCE NORTH 88 DEGREES 25 MINUTES 03 SECONDS EAST, A DISTANCE OF 307.78 FEET TO THE POINT OF CURVATURE OF A NON- TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 2047.36 FEET, A CENTRAL ANGLE OF 19 DEGREES 31 MINUTES 55 SECONDS, AND A CHORD OF 694.56 FEET BEARING SOUTH 16 DEGREES 29 MINUTES 51 SECONDS EAST; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 697.94 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 4.436 ACRES (193,231 SQUARE FEET), MORE OR LESS. /GEORGE R, RICHMOND PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT, COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 !$-70 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL . NAPLES, FLORIDA 34112 (941) 774-8192 MAY ? 5 1999 SKETCH OF DESCRIPTION NOT A SURVEY L iN 88o25,03. E N 88°25'03"E III m Ii i I ~ i ~. , S 88°22'40"W 270.27' S 88°22'2g~1 . 12.00' P.O.C. SOUlH£ASl CORNER OF SEClION '13, x TOWNSHIP 48 SOUTH. RANGE 25 EAST. Curve Delta Angle Radius Arc Tangent Chord Chord Bearing 1 22°53'41" 1772.36 708.22 358,90 703.51 N 18'58'27" W 2 19°31'55" 2047.36 697.94 352.39 694.56 S 16°29'51" E GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O,B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 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 OCT,23,1998 LIV45TN SHEET 2 OF 2 FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners I Surveyors Folio #00148480003 PARCEL 2-T MAY ? 5 !999 A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 sOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY. DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N. 00031'37'' W., ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 1342.53 FEET, TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 88025'03'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, 'FOR A DISTANCE OF 203.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DRSCRIBED; THENCE CONTINUE S. 88025'03'' W., ALONG SAID SOUTH LINE, FOR A DISTANCE OF 307.78 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST, WHOSE RADIUS POINT BEARS S. 59034'42'' W. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 30053'23'', SUBTENDED BY A CHORD OF 944.00 FEET, AT A BEARING OF N. 45051'59'' W. FOR A DISTANCE OF 955.53 FEET TO THE END OF SAID CURVE; THENCE RUN N. 61°18'41'' W. FOR A DISTANCE OF 165.15 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°34'14'' W., ALONG SAID WEST LINE, FOR A DISTANCE OF 315.22 FEET; THENCE RUN S. 61°18'41'' E. FOR A DISTANCE OF 319.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 35°02'53'', SUBTENDED BY A CHORD OF 1232.95 FEET, AT A BEARING OF S. 43°47'14'' E., FOR A DISTANCE OF 1252.38 FEET, TO THE END OF SAID CURVE AND THE POINT OF BEGINNING, CONTAINING 8.50 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N. 00031'37'' W. ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES, INC. BY iP'L.S. #3741 Thomas J. ~arris S%ate of Fla. 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 I-1 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abernathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 19'18 N00'31'37'W 13/.2.S3' --k I N0 0'3/,'1/.'W WEST LINE. NE1/&. SEll& SEC.13--&8--257 .~,,~5 22' '10' ROADWAY EASEMENT N§I 1~41'W~'/ '~ ~ R=,772.3e' ~l ~ //-~' = C=g~A.00' . '~ ~[I / / ~;~fs~38' · SOUTH LINE. ' ~ ~ ~1~_ ~E~. ' P~II ~25~FP&L EASEHEN~ ~ ~ 0' 250' 500' 750' 1000' III I SCALE HOLE, MONTES &: ASSOCIATES ENGINEERS - PLANNERS - SURVE'YORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATHY ST. 6ONITA SPRINGS, FL 33923 'NOT A SURVEY~ SKETCH TO ACCONIPANY LEGAL DESCRIPTION LIVINGSTON ROAD PARCEL# 2T SECTION 13 TWP./.8S. RNG.25E ;OLLIER COUNTY FLORIDA NIF000T. lgg0 DRAWN I~Y: DATE TJG OCT.lg90 :H ECK ED ~Y: ~)ATE 85.31 ROJECT NO. 8--950 3RAWlNG NO. FEE SIMPLE H{BIT MAY ? 5 1 99 Hol~ Montes & Associates, Inc. REVISED En~neers / Planners / S~veyors PARCEL 41-T Folio 900150320009 A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 1325.08 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00°34'14'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 1344.36 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00°34'14'' W., ALONG'THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHE'AST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 759.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 61°18'41'' W. FOR A DISTANCE OF 609.04 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE TO THE NORTHEAST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 13004'37'', SUBTENDED BY A CHORD OF 466.26 FEET, AT A BEARING OF N. 54046'23'' W., FOR A DISTANCE OF 467.28 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88°29'51'' E., ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 444.75 FEET, TO A POINT ON A CIRCULAR CURVE, CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 31°14'13'' E. A DISTANCE OF 1772.36 FEET; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID'CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 02032'54'', SUBTENDED BY A CHORD OF 78.83 FEET, AT A BEARING OF S. 60°02'14'' E. FOR A DISTANCE OF 78.83 FEET TO THE END OF SAID CURVE; THENCE RUN S. 61°18'41'' E. FOR A DISTANCE OF 454.98 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SA~D SECTION 13; THENCE RUN S. 00°34'14'' E., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 315.22 FEET TO THE POINT OF BEGINNING, CONTAINING 5.13 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED ·BEARING OF S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORI DA · SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/01/91 HOLE, MONTES & ASSOCIATES~ INC. P.L.S. #3741 State of Fla. [] 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 [3 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abernathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 O' 250' 500' 750' lO00' SCALE I ' I ' 2~_A.D_3~._'LF""N°°'36's°'w ,3,.6.2o'--j ~ 2~113 -- 13-~ 3 ~ I=~ ~=13'0~'37~ ~ ~ , ~1~ CB=N5~'~6'23'W ~ ~'~ I I ~ ~' /~ =__L_ ~11. R=1772.36' f/ 4 ~ ~ =78.83 ~ ~ ~ I~ / ~ Noo'3~'~w 13~,3~' - 'NOT A SURVEY' SKETCH MFO 0CT.19g0 ~AWN BY: DATE U~~ HOLE, MONTES a ASSOCIATES TO ACCOHPANY LEGAL DESCRIPTION TJO OCT. lgg0 e ..... LIVINGSTON ROAD CHECKED ?Y: [DATE ~~~~ [NGINE[RS- P~NN~RS- SURV~ORS PARCEL" 'IT PROJ~TNO. 85.31 REVISED LE6AL DESCRIPTION 211/~,1 ~ ~ ~ ~1 ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION ~3 TWP.&SS, RNG. 25E 0ESCRIPTION DATE 10550 ASERNATMY ST. 80NfrA SP~N6S. FC 3~23 COLLIER COUNTY FLORIOA DRAW~N~ NO. B--951 FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio #00148080005 E(HIBIT PARCEL 1-T 1999 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 sOUTH', RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88°29'51'' E., ALONG ~HE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 663.53 FEET TO THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13 AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 00035'40'' W., ALONG THE WEST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 39009'33'' E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07055'20'', SUBTENDED BY A CHORD OF 244.86. FEET AT A BEARING OF S. 54048'07'' E., FOR A DISTANCE OF 245.06 FEET TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 88°29'51'' W., ALONG SAID SOUTH LINE, FOR A DISTANCE OF 198.64 FEET TO THE POINT OF BEGINNING, CONTAINING 0.32 ACRE, MORE OR LESS.. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC. P:'L. S. #3741 ~State of Fla. [] 715 Te~th St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 [] 6202-F Preslderttlal Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 SOUTH llZ. CORNER, SEC.13--z. 8--25 2/, ! 1~3 1N00°36'50"W -~-~--'" i, ~§92.40 I 68 I 52 SOUTHWEST CORNER[ NEll4. SEC.13--Z, 8--25 I ~zl SOUTHWEST CORNER, ~ ~ W1/2. SE~/~, S'WlI~, NEI/~, ~ SEC.13--~8--25 POB 56 56--1 Z SOUTHEAST CORNER, 5EC.13--/.8--25 REVISED LEGAL DESCRIPTION DESCRIPTION O' 100' 200' 300' ~00' SCALE HOLE, MONTES & ASSOCIATES ENGINEERS - PLANNERS - SURVEYORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATHY ST. 8ONITA SPRINGS. FL 33923 SKETCH TO ACCOMPANY LEGAL BESCRIPTION LIVINGSTON ROAD PARCEL# l'r SECTION 13 TWP./,85, RNG.25E :OLLIER COUNTY FLORIDA 'NOT A SURVEY' MFO 0CT,1990 )RAWN BY: DATE TJG 0CT.1990 H ECKEO BY: DATE 85.31 ='RD J ECT NO. B--952 IRAWINO NOI FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners I Surveyors Folio #00150040004 REVISED PARCEL 34-T MAY 5 1999 A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: OF SECTION 13, FLORIDA, BEING COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE'RUN N. 88°29'51'r'E., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 417.42 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 41045'56'' E. A DISTANCE OF 2047.36 FEET THEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12025'05'', SUBTENDED BY A CHORD OF 442.87 FEET, AT A BEARING OF N. 42001'32'' W., FOR A DISTANCE OF 443.74 FEET TO THE END OF SAID CURVE AND TOoA POINT ON THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88031'06'' E., ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 346.08 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 47°51'38'' E., A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 08042'05'', SUBTENDED BY A CHORD OF 268.90 FEET, AT A BEARING OF S. 46029'25'' E., FOR A DISTANCE OF 269.16 FEET TO THE END OF SAID CURVE AND A POINT ON TH~ EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 00035'40'' E., ALONG THE EAST LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF ~THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 146.36 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 88°29'51'' W., ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 246.11 FEET, TO THE POINT OF BEGINNING, CONTAINING 2.67 ACRES, MORE OR LESS. BEARINGS SHOWN HEAEON REFER TO AN S. 88°20'15'' W. ALONG THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 FLORIDA. ASSUMED BEARING OF THE SOUTHEAST 1/4 OF EAST, COLLIER COUNTY, Vi 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813} 262-4617 FAX (813) 262-3074 [] 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 MAY ? 5 !999 SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC. Thomas J ris State of Fla. 68 52 65 3O SOUTH 11/, CORNER. SEC.13--&8 --25 .00'36'50'w ~31~3.00-36'50'w I 2~.---~ 269z.,__o' ,~_._ ~.~. ~. z~. / CB=N~2*01'32*W ~ ~ ~ - ~ ~ ~ 56 30' RoADWAy ~EHENT ~ ~ O.~1362 PG. 301 ~ ~ ~1 ~ ~ soo-~s'~ ~J m~m ~ 336.50' ~J . JEAST LINE, R=1772.36' mt ~ Sl/215W11~ SWII~. NEII~, ~=08'~2'05' m~ A~26g.16' ~ 'SEC'13~8--25 t C=268.90' CB=S~6'29'25'E SCALE REVISED LEGAL DESCRIPTION HOLE, MONTES &: ASSOCIATES ENGINEERS - PLANNERS - SURVEYORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATHY ST. BONITA SPRINGS. FL :33923 SKETCH TO ACCOMPANY LEGAL DESCRIPTION LIVINGSTON ROAD PARCEL# 3/,T SECTION 13 TWP./,SS. ENG.25E ~'OLLIER COUNTY FLORIDA 'NOT A SUI~JlEY' MFO OCT. lggO DRAWN BY: DATE TJG OCT.1990 CHECKED BY: DATE 85.31 ROJECT NO, B--g53 IRAWlNG NO DESCRIPTION FEE SIMPLE HAY 5 1999 Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio ~00150960003 REVISED PARCEL 56.01-T A PARCEL OF LAND LO~ATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION'13; THENCE CONTINUE N. 00o36'50'' W., ALONG THE WEST'LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88o31'06'' E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N. 00°36'15'' W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 180.39. FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 55°10'01'' E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07°18'23'', SUBTENDED BY A CHORD OF 225.86 FEET, AT A BEARING OF S. 38°29'11" E., FOR A DISTANCE OF 226.01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST .1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 88031'06'' W., ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH .1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 138.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC. Thomas J.~ Garris State of Fla. [] 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 D 6202-F Presidential Court Fort Myem, FL 33919 (813) 481-7874 FAX (613) 481-1015 [] 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 6~ SOUTH 1/4 CORNER. SEC.13--/.8--25 ~¢kq N00'3§'S0'W 13 2~~692.~0' SOUT~ SW1 13 13 13 .OUTHEAST CORN R. EC.13--/,8--25 ' 52 68 I I I I 65 o' lO0' 200' 300' SCALE J SOUTHWEST CORNER J Nll2. SWll/,. SW114. · [~. SEC.13--~,8--25 N00 36'50'W I/ / _ SOUTHWEST CORNER~ R=20&7.36'~'-L Ell2. Nll2. SW114. -- '~ SWI/~ NEI/~ ~=06'35'3U' I cc~ -~' -~ ~ ~ A=235.5~' 1~ ~.~ ~--~o--z~ . - ' ~'W ~ ": CB-N32. 3~1 .I ~15'EASENENT ~ ~nn.;6~S.~-~WEST LINE. E1/2. N1/2. SWl/~. ~ ~1~0 39~'z~ SWl/4~ NEl~SEC. 13--48--25 ...... LINE, E1/2. N1/2. ~ ~ C=225.86' SEC.1 3 -~ 8 - 2 5 i~ DESCRIPTION HOLE, MONTES &c ASSOCIATES ENGINEERS - PLANNERS - SURVEYORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 SKETCH TO ACCOMPANY LEGAL DESCRIPTION LIVINGSTON ROAD PARCEL# 56.01T SECTION 13 TWP./,BS, RNG.25E :OLLIER COUNTY FLORIOA MFO 0CT.1990 DRAWN BY: DAT~ TJG 0 CT.lg'g0 CH ECKEO BY: DATE 85.31 PROJECT NO~ DRAWING NO B--987 FEE SIMPLE EXHIBIT "A" Hole, Montes & Associates, Inc. Engineers I Planners / Surveyors Fol±o #00150760009 Page I of 2 REVISED PARCEL 52-T MAY ? 5 1999 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 13~ THENCE RUN N. 00o36'50'' W., ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID 'SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00o'36'50'' W., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 538.55 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 60°46'41'' E., A DISTANCE OF 2047.36 FEET THEREFROM, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 04°11'32'', SUBTENDED BY A CHORD OF 149.77 FEET, AT A BEARING OF N. 27°07'43'' W., FOR A DISTANCE OF 149.80 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 88o32'39'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 66.87 FEET, TO THE NORTHEAST CORNER OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN S. 00036'50'' E., ALONG THE EAST LINE OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 135.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRE, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH( RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/14/91 HOLE, MONTES & ASSOCIATES, INC. BY~ ~J~~,_L P.L.S. #3741 Thomas J. G~rris . ..... 'State-of Fla. 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 ID 6202-F Presidential Court F(wt Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 i N00'38'29'W t , .~ 337.00' '~ 0' 100' 2D0' 300' ,~00' I I ] SCALE I ,o 52 ~ 65 R~2o~?.3~' SOUTHEASTcORNER. ~ A~0~'~Y32' NWII~. ~f A]~9.80' 30' ROADWAY ~[ASE~ENT ~ N00'36'50~W 3~ 13 O'R'332~IP6'83~ 2~i [3f 13 I ~3 N00'36'S0'W1673.46 ..... .'~; ~ ~ ~ SOUTH i t J EAST LINE, ~ ~_~ ~ . 5EC.13--~8--25 SEC. 13--18--25 f -- O ~ SEC.13--~S-25~ ~ ~ ~ I ~ 56 t L I I I~SOUTHEAST CORNER. I SEC.13--&8--25 'NOT A SURVEY' HFO OCT. 1990 SK E TC H 3RAWN BY: DATE UO~ TO ACCO HPANY LEGAL DESCRIPTION T JG 0CT.1990 HOLE, MONTES & ASSOCIATES LIVINGSTON ROAD :HECKEDeY: ENGINEERS - P~NNE~ - SURV~ORS PARCEL · 52 T =ROJECT ~ ~ ~ ~ ~ NAPLES - FO~ MYERS - BONITA SPRINGS SECTION 13 TWP.~BS. RNG.25E B--962 REV.~ DESCRIPTION DATE 10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 'COLLIER CO UNTY FLORIDA 3RAW~NG FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio #00149880000 REVISED PARCEL 30-T A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00036'50'' W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 00035'50'' W., ALONG ~HE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N. 00036'50'' W., ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE NORTHWEST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N. 88034'45'' E., ALONG THE NORTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 33.32 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N. 83050'04'' W., A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 22048'29'', SUBTENDED BY A CHORD OF 700.88 FEET AT A BEARING OF S. 17°34'10'' E., FOR A DISTANCE OF 705.53 FEET TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S. 88°32'19'' W., ALONG THE SOUTH LINE OF THE WEST 1/2 OF THE NORHTWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR AIDISTANCE OF 237.74 FEET TO THE POINT OF BEGINNING, CONTAINING 1.72 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN S. 88°20'15'' W. ALONG THE SOUTH LINE OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 FLORIDA. ASSUMED BEARING OF THE SOUTHEAST 1/4 OF EAST, COLLIER COUNTY, SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/07/91 1:3 715 Tenth St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 HOLE, MONTES & ASSOCIATES, INC. BY [] 6202-F Presidential Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 ~ ~ :' c.. ';'..-.?¥'I4.S; #3741 Thomas ~.-G~rri~.'/'['.:::~<',tS~a%~.':of Fla. .: -.~ ..':: .... -. : <.'},. ;. r' ..... .. : ', "' '- . . ',"" 'E] 10550 Abemathy Slreel · ~ ~. -. ,,,.., ......~ . ,. -~ ,"' ,'; ~. ' ...... c.' ~ (813) 992,.0795 ' '"',:'.~ ~? .: :' ~ ~' , FAX (813) 992-2327 NOO'36'SO'W 2692./.0' 13 19 13 13 NOO*36'SO'V~ 673.~6' CORNER. W112. 3& 1 ~,~_..50 UTH EAST C O RN ER. SEC.13--/.8--25 52 REVISED LEGAL DESCRIPTION 65 I 53 I 1 I O' 100' ?00' SCALE SOUTHWEST CORNER, Wl/2. NWl//.. SWll/.. SEC.13--~,8--25 , WESTILINE, Poe NOO'36'50'W 613 ~,6' /,,/.NE~,~EC.13--x, 8--25 ~. , ~~. _ NORTH LINE ~ . _ ~~ ~tl ~ ~Wl12. NWII~. SWll~. NEI/~. ~o ~LI9~.13' soo'36'~s'E 673.23' HOLE, MONTES &: ASSOCIATES ENGINEERS - PLANNERS - SURVEYORS NAPLES - FORT MYERS - BONITA SPRINGS 10550 ABERNATHY ST. BONITA SPRINGS. FL 33923 300' LO0' SKETCH TO ACCOMPANY LEGAL DESCRIPTION LIVINGSTON ROAD PARCEL# 30T SECTION 13 TWP./,BS. RNG.25E IER COUNTY FLORID/ 'NOT A SURVEY' NFO OCT. 1990 TJG OCT.1990 85.31 B--g56. DESCRIPTION FEE SIMPLE Hole, Montes & Associates, Inc. Engineers / Planners / Surveyors Folio ~00151320008 REVISED PARCEL 65-T MAY ? 5 1999 A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S. 88°20'15'' W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00o36'50'' W., ALONG THE EAST LINE OF THE SOUTHWEST '1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHEAST CORNER OF THE ~ORTHWEST 1/4 OF SAID SECTION 13; THENCE CONTINUE N. 00o36'50'' W., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S. 88o32'39'' W., ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 66.87 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE ~DIUS POINT BEARS N. 84°28'28'' E. A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 19°30'25~, SUBTENDED BY A CHORD OF 693.68 FEET, AT A BEARING OF N. 15°16'44'' W., FOR A DISTANCE OF 697.04 FEET TO THE END OF SAID CURVE AND A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 88o35'26'' E., ALONG SAID NORTH LINE, FOR A DISTANCE OF 242.50 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE.RUN S. 00036'50'' E., ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING, CONTAINING 2.71 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO .AN ASSUMED BEARING OF S. 88°20'15'' W. ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. SIGNED 02/07/91 HOLE, MONTES & ASSOCIATES, INC. Thomas J. darris P.L.S. #3741 State of Fla. [] 715 Tenlh St. South RO. Box 1586 Naples, FL 33939 (813) 262-4617 FAX (813) 262-3074 [] 6202-F Preeldentla{ Court Fort Myers, FL 33919 (813) 481-7874 FAX (813) 481-1015 [] 10550 Abemathy Street Bonita Springs, FL 33923 (813) 992-0795 FAX (813) 992-2327 o' loo' ,200' 300' 400' SCALE ~ Z 5EC.13--48--25 I j ~, ~' b:._CB~ ( ~ ~ 1 N00'36'50' · NWl/4. ~)~/ 65T ~ /~' "692 ~0' /SEC.13--48--25 ) I~ 2 ~ ~ ~ S00'36'50'EJ 673.46' ~4 13 ~ m - ] /IPOB/ m ~ ) SEC.13--48--25 ~ /I ~ I SOUTHEAST CORNER,~ I ~ ~ )NEll4. SEll&. NWll4.I 30 I ~6 SEC.~-~-~s ~m ~ ~ --~- - 2_~3 '91~ SOUTHEAST CORNER, SEC.13--~8--25 'NOT A SURVEY' SKETCH NFO 0CT.1990 DRAWN ~Yt DATE TO ,CCO.,,,~ LEO*L OESC,~PT~O, ~JO OCT.I~0 U~~-- HOLE, MONTES · ASSOCIATES LIVINGSTON ROAD CHECKE0~,: ~ATE ENGINEERS - P~NNERS - SURV~ORS PAR CE L · 6 5 T PROJECT NO. ~ REVISED LEGAL OESCRmT~O~ 211191 ~ ~~~ ~ NAPLES - FORT MYERS - BONITA SPRINGS SECTION 13 TWP.48S, RNG.25E B--955 REV.~ OESCmPTIO~ O~TE ~0SSO ~ER~*~HV ST. ~ON~T* S~mN~S. ~L ~3~2~ COLLIER COUNTY FLORIDA OR*Wm~ =~= O O too SCALE POC POB _ N. LINE S.1/2. N.E.I/4. N.W. 1/4 £C. 13 -48- 25 N 88'38"3' E 446.59 ~-- $. LINE S. 1/2. N.E.I/4. N.W.1/4  SEC. 13-48 - 25 __ ~L_ S 88'35'26" w LEGEND POINT OF COMMENC£MENT POINT OF' BEGINNING R = 2014.88' L = 175.06° CB = $ 5136'II' E--~ CH = 175.00' 453.88 S 88'38'13' W 53T N 88'35'26' E: ~ ~, I NOT VAUO WITHOUT I TmHEE HOLE MONTES &: ASSOCIATES SEAL OF A FLORIDA ENCINE:ERS / PLANNERS / SUR~¥OR$ UCENSED SURVEYOR ,0550 A~[..^,.* s~£, AND MAPPER. ~ONITA ~ ~ORIOA 541~5 (941) 992-o795 217.51 u, POB 20g.92 POC N.E. COR. N.W. 1/4 SEC. 15-48- 25 E. LINE N.W. 1/4 SEC. 13 -48- 25 ~NOT A PARCEL 53-T RE:~SED A PARCEl, C)F' LAND LOCAI'EI) IN THE NC)RTI-I~ESI' {3UAR'TEI:{ C3C' SECllON 1.3, TOqAAdSI-IIP 48 .,5(~JTH. R,ANGE: 25 F.J~'r. COLUE:R 'CCXJNTY. FLORI0A. BUNG MORE: PARTICULARLY' OESCRIEI[O AS FOLLOWS: COMMENCE AT THE NORTHEAST C~ER OF THE NORTHI~ST QUART~ SECTION 13. TO~I~SHI· 48 S(XJTH, ~ 25 EAST. COLUER COUNTY. FLORIDA; THE:NC~: RUBI S.O(r3~'5OT:~ ALONG THE EAST LINE C~- THE: NORTHV~:ST OUARIER OF" SAIO SECTION 15, FOR A DISTANCE OF 675.46 FEE:T TO THE NORTHEAST COI~ OF ~ SOUTH HALF OF' THE NORTHEAST OUARI'E:R OF' THE NDI~THV~ST (~UA~I'[~ OF ~ SECTION I..~; 11-lL~CE RUN 5.88'~8'13'W.. ALONG THE: NOrm Le~ OF ~ SOUTH HALF OF mE NORTHEAST QUARTER OF 1]-IE N(]RTHWEST QUARTER OF SNO SECTION 15. FOR A DISTANCE OF 217.51 eel:l: THENCE RUN ~.00"56'50"E. FOR A DISTANCE OF 498.70 FEET TO 'THE BEGINNING OF A TANGENTIAL CIRCULAR CURarE. CONCAVe: EASTERLY; ~ RUN SOUTHERLY. ALONG THE: ARC OF SAIO CURV~: TO ~ LEFT. HA'VING A RADIUS OF 2014.86 PI.ET, 11-IROUGI.I A CENTRAL ANGLE OF' 04-'58'41', SUBTENDED BY A CHORD OF FEET AT A I~ARING OF S.05'06'11"E., FOR A DISTANCE OF 175.06 FEET TO A PONT OF THE: SOUTH LINE: OF THE SOUTH HALF OF THE NORTHEAST OUARTER OF 11-1E NORTHtt~:ST QUARTER OF SAIO SECTION 13; HALF OF THE: NORTHEAST C]UARI~R OF THE: NORTH~ST QUARTER OF SAJB SECTION 15. FOR A DISTANCE OF 209. g2 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF mE NORlt~:AST OUARTER OF TI'E: NORTHVt~:ST QUARTER OF SAID SECTION 13; THENCE RUN N.OO'56'50'W., ALONG THE EAST LINE OF 1HE NORTHItt[ST QUARTER OF SAID SECI'ION 15. F'ON A DISTANCE OF 67,.~.4-6 FEET TO ~ POINT OF BEGINNING: CONTAINING 3,353 ACRES. MORE: OR LESS. THIS PROPERTY IS SUBJECT TO FO. SEMEN~5. RESERVA11ONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO mE: EAST LI~ OF THE NORTHIt~:ST OF SECTION 15. TOWNSHIP 48 S(~JTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.00'36'50'E. HOt. E° MONTES & ASSOC3AT~'S, ~ CERTIFICATE OF AUTHORIZA~72 ' ' , > BY . P.LS. ~ 37.t' ' THOMAS ~L GAERIS .' STATE OF FLOR:DA ' * ., ~ .. -: SURV£¥~ ~ .. ~, SKETCH AND LEGAL DESCRIPTION OF A PORTION OF PARCEL 53 SEC. 13 - 48 - 25 LEE CC~JNTY FLORIOA I~VlgON Ne. DESC~IPI~ DAlE RE'~SIONS 48 BA r.R pye~.tlp iB531A4ol T. o FEE SIMPLE NAV ? 5 1999 Preserwng and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS HMA PROJECT #1985031-A-401 4/14/99 REF. DWG. #B-2638 FOLIO ~00148640005 PARCEL 2.4T REVISED A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°41'00~/., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 250.02 FEET; THENCE RUN S.69°08'38"E. FOR A DISTANCE OF 73.71 FEET; THENCE RUN S.00°52'45"W. FOR A DISTANCE OF 436.17 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 2153.48 FEET, THROUGH A CENTRAL ANGLE OF 01'29'36", SUBTENDED BY A CHORD OF 56.12 FEET AT A BEARING OF S.00°07'58~/V., FOR A DISTANCE OF 56.12 FEET TO THE END OF SAID CURVE; THENCE RUN S.00°36'50"E. PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 153.82 FEET TO A POINT ON THE SOUTH LINE OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN N.88°38'13'E., ALONG THE SOUTH LINE OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 193.52 FEET TO THE SOUTHEAST CORNER OF THE EAST HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50~/V., ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 673.46 FEET TO THE POINT OF BEGINNING; CONTAINING 2.942 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMA~ J. GARRIS P.L.S. # 3741 STATE OF FLORIDA ~N;A 1~ l~031~PARC~ L 24TR EV.~o¢ 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-O795 FAX 941-992-2327 250.02 CURVE 'fABLE I CHORD CHORD BEARINGI CURVE I LENGTH 1 RADIUS DELLA C1 { 56.12 I 2153.48 [ 01"29'36" I 56.12 $00'07'58"~ | LEGEND POB POINT OF' BEGINNING HOLE MONTES &: ASSOCIATES ENCINEERS / PLANNERS / SURVEYORS 1~ AB[I~ATHY (941) 99~-0'79S NOT VAUO WITHOUT THE SIGNATURE Al, lO 1'HE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND I~APPER. 12 ~3 1~2POB N.E. CORNER. N.W. 1/4 SEC. 13-48-25 15 PARC;EL 2.4T REM~:D A PARCEl_ OF LAND LOCATED IN liRE N~RI'I.I~ST QUARTER ~ SECTION 13, TOWN~-IIP 48 SOUTI-I, RANGE: 2.5 EAST. ~ COUNTY, FLOqlOA, BE3NG MORE BEON AT 'TI,IE ltOI4114F-J~~T C(]RNER ~ 'TI-IE #I~RTI411W._ST OUARTER OF SE~CTION 13, TO~ ~ ~TI4, ~ ~S EAST, COLU~I~ COUNI~, FLDI~ID~ ~Hl~qa~ ~ S~4.1'~W.. ~0NG IHE NORI}4 UNE ~ THE NORll4~ST 0UN~IER ~ SAIO SECTIOe~ ~ FDI~ A DISTANCE OF 2~0.02 FEET: THENC~ ~t)N ~Bg~ F~ A DIST~ OF 73.?~ ~EET~ ~CE~ RUN S.00'52'45"W. FOR A INSTANCE OF' 43647 FEET TO THE ~EGINNtNG OF A ALONG THE ARC OF 5NO. CURVE: TO ~ LEFT. HAWNG A RN~US OF 2153.48 FEET. THROU~.t A CENTRAL ANGLE: OF 0r29'36", SUBTENDED BY A CNORO OF 56.12 FEET AT A BERRING OF S.(X)'0~. FOR A DISTANCE OF 56.12 FEET TO THE IDqO (:IF ~ CUR~.; 'n.E:NCE RUN S.00'36'50'E. PARALLEL WI~-I THE EAST UNE' OF ~ N(~TH~5-r OUARTER OF SNO SECTION I,.3, FOR A DISTANCE OF 153.82 ~'U~.T TO A POINT {~1 ~ c~:XJTI'I UNE OF THE EAST HN..F Of' THE NORTI'I HAlF OF THE: I, t0R'i~ OUARTER OF ~ NORTHV~gST ~UARTER OF S.,~D SECTION 13; 1HENCE RUN N.88'38"I3'E.. ALONG 'mE sOUTH UNE OF THE EAST HAt. F OF 'P'-E NORIH HaLF OF THE NORTHEAST QUARTER OF THE NORTHV,[5'T OUARTER OF SAIl) SECTION 13, FOR A DISTANCE OF 19.,3.52 FEE;T TO 3H~ SOMTHEAST ~ OF THE ~ HALF OF THE: NORTH HALF OF ~ NOR*n..~_.AST (~uAR*rER OF ~ ~TH~V~EST ~'~UARTER OF SN0 SECTION 13; THENCE RUN N.00'36'56'W.o ALONG ~ EAST ~ OF THE NORTHIR~ST OUAR'I'[R OF' ~;AID ~CTION '13, F(~R A DISTANCE OF 673.46 FEET TO TI-IE P_OINT OF ~ C0NTNN~NG 2.94.2 AC~ES, ~ OR LESS. THIS PROPERTY IS SUBJECT TO ~E3~ITS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS Ru-I:.~ TO THE FAST LINE OF ~ NO~.TH~...ST QUAR.~ER OF SECTION 15, TO~ISHIP 48 S01JTH. RANGE; 2,5 FAST. COLUER CO~JNTt', F"L0~.IDA, AS -. HOLE, MONTES ac ASSOCt&TES. t~C. - ' TIRCAIE OF AUTHORIzA'r~erI~ 1n772 ,, ~ NOT A SURVEY SKETCH ~ND LEGAL D[SCRIP?ION ~... ~." OF A PORTION OF PARCEL 2.04 SEC. 13 - 48 - 25 cou.,:, cou.w ~ TJG.[~.~.~.~.~~Nc[ NEW2.04 DAlE ~O~CT N~ 85~1A~01 ~A~ING No. e-2638 FEE SIMPLE MAY ~ 5 1~99 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PARCEL 26-T REVISED HMA PROJECT #1985031-A-401 4/13/99 REF. DWG. #B-2636 FOLIO #00149720005 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88°39'39"E., ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44°01'24"W. FOR A DISTANCE OF 42.70 FEET; THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 200.02 FEET; THENCE RUN S.88°39'39"W., PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 22.00 FEET; THENCE RUN S.00°36'50"E., PARALLEL WITH THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 106,70 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88°38'26~/., ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 28.00 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.343 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BE!NG N.00°36'50'W. STATE OF FLORIDA HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOMAS J. GARRIS W:~ 198~ 1965031%PARCE L26TR EV.do¢ 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-0795 FAX 941-992-2327 SCALE o 3o ~ LINE TABLE LINE LENGTH I BEARING L1 22.00 S88'sg'3g"w L2 28.00 $~8'58'26'w LEGEND POB POINT OF BEGINNING 2~s[POB , 4 &w. co~rdl. N.[. / 1 12 N88'39'39'E L~ S 88'59'39' W 252.20 ....... ~-: N. UI.I[ N.W.I/&. N.W.I/4. N W.I/4. N.[.1/4. 5[C t3-48-25 26 S 88'38'26' W .304.18 .......... LIN[ N.W, 1/4. N,W,~/4, N.W.i/4. N.E.1/4. S[C. 13-48-25 PARCEL 26-T REMSED A PARCel. OF' LAND LOCATEO IN THE NORIHEAST QUARTER (~ SECTION 1,t, TOV~ISHIP 4.8 SOUTH. RANG~: 25 EAST. C01~ CQUNI'Y. FLORIDA, BEING MORE PARTICULARLY DES(:~ AS F~U..OIS: BEGIN AT THE NORTH~ST CORNER OF THE N~RTHEAST QUARTER OF .SEC'nON 15, TOt~INSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIOA: THENC~ RUN N.88'39'3g"E., ALOI~G THE NORTH UNE OF NORTHEAST QUARTER OF SAID SECTION 15. FOR A DISTANCE OF 80.01 FEET; THENCE RUN S.44.'Ol'24'W. FOR A DISTANCE OF 42.70 F'E[T; THENCE RUN S.00'36'50'E., PARNLtR %~111'1 THE: WI[ST UNE OF THE NORTHEAST QUARTER OF' SAID SECTION 15. FOR A DISTANCE: OF 200.02 FEET; THISNCE: RUN S.88'39'39'W.. PAR.~ I R MTH ]'HE NC~TH LINE OF THE NORTHEAST QUARIER OF SAID SECTI(3N 15- FOR A DISTANCE OF' 22.00 FEET; TI-IENC~: RUN ~.00'36°,"30'E.. pARAIIfl %~TH THE %%t~srr ~ OF THE NORIHEAST QUARTER OF SND SEC11(31~1 13. FOR A DISTANCE OF' 106.70 FEET TO A I:~NT ON 1HE SOUTH I.JNE: OF THE NORTHWEST QUARTER OF THE NORTHW~::ST QUARTIS~ OF 1HE NORIHI~ST QUARTER OF THE NORTHEAST QUARTER (F' SAIO SECTION I,.~ THE~ICE RUN S.88'38'26'W.. ALONG THE SOUTH UNE OF' 'IHE NORIHt%f:ST QUARTER OF THE NORTHWE:ST QUARTER OIr THE NORTHV4~-r QUAR'rER OF THE NORTHEAST QUARTER OF SECTION 15. FOR A 01STANC/ OF 28.00 FEET TO THE: SOUTHWEST C0~ OF THE NORTHWEST QUARTER Dir 'nE: NORmWEST QUAR1ER OF THE NORTHV~:ST QUARI~:R OF 1HE: NORTHEAST QUARTER OF SAID SECTION 15; THENCE RUN N.00'~'~O'W.. ALONG TI~ IL:'Sl' UNE OF THE: NORTHEAST QUARTER OF SAID SEC11ON 15. FOR A []ISTANCE OF 3,56.73 FEET TO THE POINT O&" BEC3NNING: COI~ITAI~ING 0.,343 ACRE.. MORE OR LESS. THIS PROPERTY IS SUB,E:CT TO EASEMENTS. RESERVAllONS OR RESTRICTIONS OP RECORO. BEARINGS h%t-I:J< TO THE II~:ST UNE OF THE: N,,'"IRTHEA~T OUARTI~ Or- SECTION 1,~. TOWNSHIP 48 SOUTH. RANGE 25 FAST, COLLIER CCA~NTf. FLORIDA, AS ~EING N.OO'36'SO'W. .~ HOLE, MONTES & ASSOaATES, INC. -' . BY · ' p. L3. # 3741 TI-lOMAS ~'d. GARRIS STATE OF FLOI~DA *NOT A SURVEY ~-- NOT VAUD WITHOUT SKETCH AND LEOAL DESCRIPTION ,'.. l l-IR ORIGINAL RNSED SEC. 13 - 48 - 25 HOLE MONTES & ASSOCIATES SEAL OF A FLORIDA )RAm O~ O,~][ 4/99 ~:cmm 1,.5 ENGINEERS / PLANNERS / SURVEYORS UCENSED SURVEYOR BA F.[ ro~63,,~ 48 8531A401 10550 AS[RNATHY $1REET A~D MAPPER. ~r.~o BY: e,~z ~,u~z 25 ~^~¢ ,o. aom, sm,cs, rtomoA ~,~ TJG IFJE~NC[ B-2656 (941) ov92-0795 COLU£R COU,r, n.o~o^ NEW26 FEE SIMPLE HAY 2 5 1999 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS PARCEL 35-T REVISED HMA PROJECT #1985031-A~101 4113/99 REF. DWG. #B-2637 FOLIO #00150080006 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°36'50'E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID~ SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.88°38'26"E., ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 27.98 FEET; THENCE RUN S.04°07'49~/V. FOR A DISTANCE OF 338.26 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.108 ACRE, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.00°36'50"W. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 THOM~A~ J. GARRIS W;%198~1965031~PARCEL 35TREV.~ 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992-O795 FAX 941-992-2327 POC COR. ~.[.1/4. S[C. 13-4~-2.5 12 13 N. LtNE ~.W. 1/4, N.W.I/4. N,W,1/4. N.[,I/4, ~L~C:.1~-48-25 N 88'38'26' E 304,18 SCALE LINE TABLE BEARING LINE LENGTH l L1 336.73 S00'36'50'E L2 27.98 N88'38'26"E LEGEND POC POINT OF COMMENCEMENT POB POINT OF BEGINNING -- ._N _.~88/.~ 7' 1__2 '__[__ 332.10 UN[ S.W.I/4. N.W. 1/4. N.W.I/4, N,[.1/4. S[0.13-48-25 HOLE MONTES & ASSOCIATES ENGINEERS / PLANNERS / SURVEYORS 1o"-~ ABEI~ATflY S1R[ET B~A ~ FLOI~ INOT VALID WITHOUT THE $1GNATIJR[ AND THE ORIGINAL RAISE~ SEAL OF A FLORIDA UCENSEO SURVEYOR AND MAPPER. PARCEL 35-T REMSi~ A PARCEL OF' LAND LOC, All~) IN 1lIE N(~IrlI.iEAST 0UARll[R OF SEC110N 13, TO~ISHIP 48 SOUTH, RA#G[ 25 EAST, C~(.LIER COUNTY. FLORIDA, B~ING MORE: PAR'I1CULAJ~y OESCRIBED AS FOLLOWS: COMMENCE AT 13.1E NOR3I.It~ CO~IER ~ THE NORTHEAST QUARTER OF' S[CnOfl 13, TO~IqSHI~ 4~ SOU']~ ~ 25 FAST, COLLIER COUNTY, FLORIDA; mENCE ~ S.00e3~'50T.. N.ORG THE WEST UNE OF ~ NORTHEAST OUARIER OF ,~ ~ 13, FOR A DISTANCE OFF' 336.73 FEET TO THE NORIHI~EST CGRNE~ OF 1HE SOUmV~ST OUARTER OF THE NORTHt¥-~'..ST (3UAR"IE~ OF ~ ~ QUARTER OF THE NORll,,I~'.AST QUARTER C~' SAIO SECIR3N 13. ~ 11.1E PDINT OF gl'GINNING OF THE PARCEL 0F LANO ~ ~. 1'~ RUN N.88e3,8'26'F_, ALONG THE NORTH,IJNE OF- THE SOUTHtt~ST OUARTER OF THE NORTH~s'r OUARTER CE' THE I~11.1~/ (~U,~RIER OF 1HE NORTHEAST OUARTER OF SAIO S[CI'ION 13. FOR ~-DISTN~I~I[ OF 27.98 F'E[T; 11~CE RUN S.O4eOT'4g'W. FOR A ~ISI'AN(~ OF 3.]~.26 !-I:.1:.1 TO THF' SOUTH~ST CORNER OF THE ~ ~ OF ll'lE NORTHV~:ST OUARTER OF ~ NORTHgI~ST OUARll';R OF THE I~ OUARI'ER OF SAID SECl10N 13: THENCE RUN N.00~ ~ lt'l[ EST UNE OF THE NORTHEAST OUARTER OF SAID SEC~ 13, F~R A DISTANCE OF' 336.73 FEET 1'0 THE POINT OF BEGINNING: C~i'~MNI~ O108 ACRE, MORE OR LESS. THIS PROPERTY IS SU~ TO F_A~EME}IT~, R[S~RVA1]ON5 R~STRIC'nONS OF' R~C, Cm~ BEARINGS R{:.FE~ TO ~ ~ LINE OF THE NORTHEAST ,~C110N 13. TO'~N'SI, IP 4~ SOU11.I. RA~ '35 EAST. COLUER FLORIDA, AS BEING N.00~50~ HOLE, MONTES & AsSOaAIE'S, ~ CER'nF]CATE OF AU'n,m~ZA~.gee4~ ~1772 NOT A SURVEY SKETCH AND LEGAL DESCRIPTION OF ^ POR~ON OF P^RCEL35 SEC. 13 - 48- 25 COLLIER' ,COUN~ ~tl.~ I~Sl~ll I~ 0ESCI~PI10N ' DATE RE¥1SIONS ~,AtiN B~ BA/BEN Item #8B3 May 25, 1999 APPROVE AUTHORIZATION FOR PAYMENT FOR REPAIRS, MODIFICATIONS AND EQUIPMENT NECESSARY FOR CONTINUED OPERATION OF THE NAPLES LANDFILL - APPROVED CHAIRWOMAN MAC'KIE: Okay. We'll call the meeting of the Board of County Commissioners back to order, May 25th, 1999. And we are at Item 8(B) (3), which has to do with the modifications to the county landfill. Personally, I think we've discussed it to death and I'm ready to authorize. But maybe we need a whole staff report on the landfill improvements, or maybe we could just move forward, she says optimistically. COMMISSIONER CARTER: Well, I'm ready to authorize it. I think we've had a number of discussions on it and I'd like to see us go forward. But there may be other commissioners that want to spend more time on it. MR. FERNANDEZ: Madam Chairwoman, we're prepared to have you vote. The board is ready to move forward. We can -- CHAIRWOMAN MAC'KIE: Are there public speakers registered on this? MR. FERNANDEZ: No, there's not on this. CHAIRWOMAN MAC'KIE: Are there questions -- maybe that would be the right way to do it. Are there questions of staff? Tom, did you want to speak? MR. HENNING: I did sign up. CHAIRWOMAN MAC'KIE: I'm sorry, we've got one. MR. FERNANDEZ: I'm sorry, I didn't have your -- COMMISSIONER CONSTANTINE: My only question has to do with the funding. Obviously we have a -- one problem that's an old problem, that's not Waste Management related. But any of the other funding issues, are we picking up the cost of any of this other stuff? And if so, why? Believe me, I'm the last one who wants to slow this process down, but I don't want to spend money if it's not our responsibility to do so. MR. RUSSELL: We looked at that and basically -- excuse me, for the record, David Russell, Solid Waste Director. We looked at that and basically these repairs are related to the design and construction by the county before Waste Management -- COMMISSIONER CONSTANTINE: I understand that. I'm just saying, are there any expenditures other than that, that county is being asked to make as part of this? MR. RUSSELL: No. COMMISSIONER CONSTANTINE: That's all I need to know. Thank you. CHAIRWOMAN MAC'KIE: I asked the same question, because it's a valid one. COMMISSIONER CARTER: Madam Chair, I have one question. Maybe this has been answered. But construction materials going into our landfill are a problem, particularly the wallboard. Is that now being transported out to another area? MR. RUSSELL: While we're still in Phase II, that wallboard is not being pulverized. It is still going in the Phase II, and that's going to be covered with a 60-ml. liner. It will not go into the Phase III area. And then it will be transported out, separated out. Page 56 May 25, 1999 That's the active area that won't have the liner on it. So we've addressed that. COMMISSIONER CONSTANTINE: I will point out that despite the fact we've addressed that, when I opened my door this morning at 8:15 to come out to my car, I was greeted by the fine stench of the landfill. So hopefully this does a better job, what we're moving forward with here, than eliminating gypsum board did. COMMISSIONER NORRIS: Well, once we have the Norris plan in full implementation, we won't have that. CHAIRWOMAN MAC'KIE: Do we have public speakers on this? MR. FERNANDEZ: Mr. Tom Henning. MR. HENNING: Good afternoon, Commissioners. For the record, Tom Henning, Golden Gate Fire and Rescue. Commissioner, Chairman. Chief Peterson and I spoke about the workshop -- or the Town Hall meeting in Golden Gate. I'm sorry I wasn't available. The question was -- came up from a resident of what do we do after hours when we have complaints about supposedly landfill odors? And the chief said that he would like to -- we, the district, would like to offer our services to the board and to staff to take complaints and possibly do some checking into with the odor monitoring system that the county has implemented. As you know, that we're there 24 hours a day, so we welcome the calls. CHAIRWOMAN MAC'KIE: Tom, that's wonderful coordination. And as far as I'm concerned, appreciated, and you know, hope we've worked that out with the staff. Is that acceptable to the rest of the board? COMMISSIONER CONSTANTINE: Absolutely. MR. HENNING: Thank you. COMMISSIONER CONSTANTINE: Mr. Henning, is your employer'paying you for being here all day? MR. HENNING: Yes. Thank you for your concerns. CHAIRWOMAN MAC'KIE: Because you are here, right? Are there any other questions then on this item or is there a motion? COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Any discussion on the motion? COMMISSIONER BERRY: Just a minute, yes. No, not really about the motion. But in regard to the monitoring, I think that the monitoring should be from a couple of different sources so you don't have just one opinion, that there will be certainly a check and balance in terms of monitoring the odor. But I think that that would be fair to everybody concerned. CHAIRWOMAN MAC'KIE: Good point. COMMISSIONER BERRY: I'll vote on the motion. CHAIRWOMAN MAC'KIE: Okay, any further discussion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #8B4 STATUS REPORT ON CONTRACT NO. 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAL FROM THE NAPLES BEACH - PRESENTED Page 57 May 25, 1999 We can move on now to an add-on item, 8(B) (4), which is -- I love bureaucrat-ese, because we're going to talk about the non-specification material at the beach. The rocks. MR. ILSCHNER: Good afternoon, Madam Chairwoman, Commissioners. For the record, my name is Ed Ilschner, your Public Works Administrator. And I'm going to talk about rocks this afternoon, beach rocks. And I really welcome this opportunity this afternoon to come and brief you on the beach rock removal process. We provided you with attachments in your executive summary, and I would direct your attention to the monitors, or to the attachment, Exhibit 1, in your executive summary. I'd like to try to orient you before I actually start talking about the project. CHAIRWOMAN MAC'KIE: I'm sorry to -- you must have given it to me and I don't have it. It was in the packet -- MR. FERNANDEZ: Madam Chairman, it was a late edition to the packet. I think it was distributed either late yesterday or possibly early this morning. COMMISSIONER BERRY: Here it is. It was up in front of my -- CHAIRWOMAN MAC'KIE: I guess I've given it back. Sue, could you -- I'm sorry, I just really do want to get this. MR. ILSCHNER: I have an extra copy that would help. CHAIRWOMAN MAC'KIE: I appreciate it, thanks. MR. ILSCHNER: It's also being shown on the monitor for the folks at home, as well as yourselves. I'd like to direct your attention to the maps so that we can kind of orient ourselves on the project, and then I'd like to carry you through the project, if I may. If we're looking at this particular exhibit or map, you see the Title Exhibit 1, Project Location Map and Volume Computations. That's the title, of course, of the exhibit. Gulf Shore Boulevard is in this area, and the beach itself is located by the crosshatched area that you see here. The water -- of course, the Gulf of Mexico is out here, and north is in this particular direction. So that kind of orients you to the beach project. I'm going to talk in a minute about the limits of this particular project. But the work began on this project in March of 1998 with CBE Trucking selected as the contractor with a contract amount of about $499,982. The limits of the projects, and again, directing you to the map, extended from near Third Avenue south to just beyond 15th Avenue south. The rock removal was -- work was conducted from the dune area. Let me point out where the dune area is on your exhibit. The dark line that you see, that I'm pointing to here, that's adjacent to the property lots, would be the location of the dune area. So work was done between the dune area and approximately 175 feet out in the water, or out in the near shore, in the water area. And that's this dark line that you see here. All the way down the beach. Dark line here and it becomes a dash line in this particular area. That was the original project limits that we worked on. Now, work was stopped on that particular project in May of 1998 due to turtle nesting season. We resumed work in December of 1999 with a revised project limit. This limit was revised because we had done additional testing to determine that we felt that there was additional rock involvement beyond the original limits of the project. Page 58 May 25, 1999 Let me point that area out to you. That is the area you see located here. You can see that we extended it out further into the water along this area here. You see the little dots along the bottom of that line? That's where our staff did additional test work to identify rock involvement that we needed to address. So we added additional volume to the contractor's project. COMMISSIONER BERRY: Mr. Ilschner, can I correct? You said December of '99. You meant December of '98, right? MR. ILSCHNER: I'm sorry, yes, December -- COMMISSIONER BERRY: No, okay, just so we get our dates right here. MR. ILSCHNER: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: extension area -- MR. ILSCHNER: Yes. CHAIRWOMAN MAC'KIE: MR. ILSCHNER: Here. I'm sorry. Okay. And I had a question, too. That project -- that you just described. CHAIRWOMAN MAC'KIE: Like between Third and Fifth Avenue south. It extends, and then there's a little section between -- MR. ILSCHNER: I'm going to come to that. I'm going to come to those areas, yes. CHAIRWOMAN MAC'KIE: Because -- but it does actually go in and out. MR. ILSCHNER: It does go in and out, and I'll explain why that is when -- CHAIRWOMAN MAC'KIE: Just wanted to be sure I was following the draft. MR. ILSCHNER: I'm pointing you right at this point to this area here, as we started the project again in December of '98. CHAIRWOMAN MAC'KIE: Do you know what, it might be helpful until we get to this yellow part down here if you could zoom in. MR. ILSCHNER: Zoom in? Sure. CHAIRWOMAN MAC'KIE: I've got my magnifying glasses on, but I still can't see it too well. COMMISSIONER BERRY: That's really good. CHAIRWOMAN MAC'KIE: Tom, do you -- there you go. That's it. Maybe it's not. MR. ILSCHNER: I may have come in a little bit too far. COMMISSIONER CARTER: No, that's good. MR. ILSCHNER: But that will show you this particular area where we've expanded the work. I also have tried to depict on this drawing the dry beach from the wet area, or the surf area, the water area. It's basically about down the middle of this crosshatched area. That's where the differentiation or the separation between water and dry sand is. So a lot of this area that you see on this side of that line is in the water. CHAIRWOMAN MAC'KIE: Gotcha. MR. ILSCHNER: Okay? I just want to try to orient with where water is and where dry beach is, because that's very important as we go through explaining how the project was done. So we expanded the project from about 175 feet to 250 feet further from the dune line along this alignment. And that was from about Eighth Avenue to 13th Avenue South. Page 59 May 25, 1999 Now, let me explain how we set up the project to ensure its success. I'm going to remove this one and put a couple of profiles or cross-sections down and explain those to you as well. And I'll leave this zoomed up so you can kind of see that. CHAIRWOMAN MAC'KIE: That's great. MR. ILSCHNER: You will note a yellow line that I'll point out with my pen. This yellow line represents the original beach elevation, or the old native beach area, preconstruction beach elevations. In establishing this particular project to take rocks off the beach, we established a template, and that's the crosshatched area. And you can see that if you follow the template in some areas, you would not get down to the original beach level where rocks may exist. There was concern that this might be what would happen if we used these templates. Coastal Engineering, ourselves on the staff recognized that. And we placed a full-time county inspector out there for the express purposes for ensuring the contractor, as he did his work, went down to the native beach level, and if he found rocks even on the native beach, which we did encounter, then he went below the native beach elevations. To ensure that as we went through this process, we removed every single rock that we could come across. CHAIRWOMAN MAC'KIE: Ed, this is a guide, but if they found rock, they went below the guide. MR. ILSCHNER: They went well below the guide, yes. The black line that you see here is the actual depth of excavation that the contractor actually accomplished in this particular cross-section. Now, this particular cross-section, if I take you back to the overall map, would be in the Eighth Avenue area. In this general area right here, Eighth Avenue. That's the cross-section I just showed you. I'll show you another example, which was down at Station 40 plus ought. And you say, well, Ed, I don't know where Station 40 plus ought is. It's 13th Avenue South. 13th Avenue South, if you look at the map -- this is the pier. And 13th Avenue South is this location right here. The block down from the pier. This cross-section is 40 plus ought or 13th Avenue South. And let's take a look at it. Again, the crosshatching would represent what the design template called for based on projected involvement of rock. And you can see that we also in this case went well below the yellow line, which represents the original beach elevation. I personally went out on the beach and some of these depths were seven feet and five feet below current sand elevation out there. So using those templates and ensuring that we had a full-time inspector on-site, we felt that that would address the concern about the leaving of rock on the beach from a template that might not be exactly accurate. CHAIRWOMAN MAC'KIE: Are there places where the excavation did not go as deep as the template? MR. ILSCHNER: Yes. There -- we can quantify areas where the excavation came a little above the yellow line. In fact, this one template I had here would provide you an example of that, in this general area here. CHAIRWOMAN MAC'KIE: I see that. MR. ILSCHNER: So yes, there were areas. CHAIRWOMAN MAC'KIE: And that was based on visual inspection. Page 60 May 25, 1999 MR. ILSCHNER: Now, let me point out that dry beach, we had visual inspection. The dry beach area we had inspected could actually visualize that. Out here we used the benefit of survey information. A gentleman out there with a rod and a laser actually taking depth information. And then we used that depth information compared to the original elevation information about the original beach, to make the determination that he was below that level. And some of that obviously was a little bit inaccurate, as you can see here, and that we were slightly above that. CHAIRWOMAN MAC'KIE: So where we could see, we dug until we couldn't see rocks. MR. ILSCHNER: Correct. And also, the contractor began to continue to use his bucket even this those areas. And when no rock was encountered, he ceased excavating. CHAIRWOMAN MAC'KIE: And that's my next practical question, because I want to understand that. Where we could -- I understand if we had somebody out there and he could see rock, we kept digging. MR. ILSCHNER: Correct. CHAIRWOMAN MAC'KIE: If we were below the water, I don't really understand too much about this pole, but what you're telling me is that if he was digging and kept getting rock, he kept going under the water. MR. ILSCHNER: That's correct. We also did two things, Madam Chairwoman. We not only used the contractor's continual digging and observing, and our inspector of course observed those bucketfuls coming out and as they were placed, but we also used the survey information, the elevations, because we knew the original beach level which wasn't altered in the original construction. So we went down and we were using that as our elevation guide. CHAIRWOMAN MAC'KIE: So no matter what, we went that far. MR. ILSCHNER: We went that far, correct. But that was the purpose of this process in using these templates and using the inspector and using that particular method was to ensure we got every bit of rock down to the native beach. We feel we've done a good job in attempting to do that. There was another concern that we also addressed during this project, and I'll try to explain that briefly to you. And I'll go ahead and leave this magnified a little bit. And that was the original project; placed 220,000 yards of sand on the beach. So this area that was under construction originally had 220,000 yards, or cubic yards of sand placed on it by the contractor. We all know that some of that was contaminated by rock. Mother Nature does a wonderful job in doing sand sifting, just like Mr. Cadenhead did with his mechanical equipment out there with storms, wave events that occurred. Approximately 80,000 yards of that material was removed from the beach area, immediate beach area, and was transported out to an area. And I'll just approximate it out where the sand bar -- I have a little line drawn here on my map that shows the approximation of the sand bar as it develops off shore. So about 80,000 yards of material was removed and created a sand bar in this general area. The concern was that as this natural process took place, we were picking rock up on the beach and moving it out off shore, and we were not going to get that rock. Page 61 May 25, 1999 CHAIRWOMAN MAC'KIE: And then it would migrate back. MR. ILSCHNER: Then would migrate back and forth and create a problem. Well, to address that, we used the services of Naples Marine and Dock, their big clam shell barge. And we also used Law Engineering to go out and perform testing offshore. And you'll notice on your drawing, and I'll try to point those little points out along here. You'll see a lot of little points. There's some 42 test areas that we used a clam shell to dig large amounts of material out of the bottom. And you'll notice that every one of these except certain areas indicate zero. We did 42 test holes in a pattern off shore and only found 10 rocks. And those rocks ranged in size from about a half-inch up to two-inch. And that told us that there were no major transporting of heavy aggregate material rock out to the sand bar area. We also tested in the sand bar as well. CHAIRWOMAN MAC'KIE: So all those zero percentage, zero, zeros on here are actually where you took a clam shell -- MR. ILSCHNER: It wasn't just a tiny core sample, Madam Chairwoman, it was a big clam shell bucket of material. CHAIRWOMAN MAC'KIE: And you found just a little bit of rock. MR. ILSCHNER: We found out of all that material, 42 big large test areas, we found 11 little tiny rocks, less than two inches in diameter. So that told us that the premise that we were going to move all of this rock off shore did not take place, that it was confined to the area that we were taking rock from, and I've explained, of course, where those areas were. CHAIRWOMAN MAC'KIE: Is there logic to that the lighter material would move first anyway? MR. ILSCHNER: Exactly, Madam Chairwoman. That's exactly what occurs. And any heavy material will stay behind. Our work was extended, our contractors -- contractor removal rate, taking rock off the beach, was going great guns, and then he had some difficulty and the rate production decreased, and we had to extend our project, as you know, to May 15th, 1999. In addition to that, the county employed an additional contractor, Lightner, Incorporated, to go out and assist CBE Trucking to ensure that we finished the wet area, the surf area and the dry beach by that particular deadline. Ail in all, the contractor processed -- out of the original 220,000 yards of material, there was 120,000 yards of material left on the beach. I'm going to zoom out now, if I may. CHAIRWOMAN MAC'KIE: I thought just a second ago you said it was 220. MR. ILSCHNER: 220,000 yards of material was placed originally on the beach. When we moved a lot of the sand out to the sand bar, that left approximately 120,000 yards on the beach to be processed by the contractor. CHAIRWOMAN MAC'KIE: Okay. Before I -- and I guess these are just approximate numbers, but I have written down that you said 80,000 moved off, so there was 140 left. COMMISSIONER CONSTANTINE: I heard the same thing. MR. ILSCHNER: I said there was about 80,000 that moved off and formed the sand bar. Some of the sand moves lateral to the beach and doesn't -- I should have mentioned that. It moves lateral or Page 62 May 25, 1999 longitudinal parallel to the beach and doesn't actually migrate off. So those additions are not going to add up. I was trying to primarily address the fact that some of the material moved off here and formed the sand bar. Trying to make the point, Madam Chairwoman, that the migration of rock did not occur based on our testing. CHAIRWOMAN MAC'KIE: Okay. MR. ILSCHNER: But the quantity of sand actually processed by the contractor to be processed by him was 120,000 yards of material. Our data at this point is fairly complete. In fact, we're complete enough to tell you that we have all the information in except the Humiston-Moore information and the Law Engineering information that we will compile with the construction data. But having the construction data now in-house and quantified, we can tell you that 120,000 yards of material were processed by the contractor. Of that, 109,000 cubic yards of material was sand, clean sand. We removed 2,970 cubic yards of rock greater than two inches in diameter. Now, I broke this rock into two areas: Less than two-inch and greater than two-inch. Because in the contract document itself, there is a two-inch reference. And I wanted to be able to quantify for legal purposes two-inch and less rock and greater than two-inch rock. So if you look at two-inch and less rock, we're looking at 6,270 cubic yards of material. And of the total volume processed, that's 5.2 percent. CHAIRWOMAN MAC'KIE: A total of 7.7 percent rock. MR. ILSCHNER: Correct. Now, if we go back and we use the original amount of sand and material that was placed on the beach, because it was sifted by mother nature, if you recall, then we're only talking less than five percent, about 4.62 percent. CHAIRWOMAN MAC'KIE: I can't get that math. And I need to get this. 220,000 cubic yards was put on the beach. MR. ILSCHNER: Right. About 100,000 yards came off the beach. Some of it moved down parallel to the beach. About 80,000 yards ended up out in the sand bar area. CHAIRWOMAN MAC'KIE: So the part that moved down, don't we also need to test it? MR. ILSCHNER: We did. We test this area out in here. That's what we did, we tested all of this. CHAIRWOMAN MAC'KIE: That's the sand bar. I'm talking about the lateral. MR. ILSCHNER: No, the sand bar is here, Madam Chairwoman. The sand bar is out here. Intervening in here is no sand bar. There's sand out here, of course, it deposited as it went out as well. CHAIRWOMAN MAC'KIE: I thought when you said lateral movement, you meant north-south. MR. ILSCHNER: Lateral movement would be this way. Sand moves along parallel to the current flow, plus it moves out perpendicular. CHAIRWOMAN MAC'KIE: But, okay, if the math -- MR. ILSCHNER: The point of the matter is, 100,000 yards of material left the beach. CHAIRWOMAN MAC'KIE: How do we know that? MR. ILSCHNER: Our Coastal Engineering and the data that we've developed indicates that. We've taken survey information. We monitor the beach elevations. And based on the original contract templates Page 63 May 25, 1999 and elevations, at the end of the project, contractor placed 220,000 yards of material on the beach. 100,000 yards have left the beach through storm action, wave action, et cetera. Some of it created a sand bar in this general area. Others of that sand moved up and down the beach area. CHAIRWOMAN MAC'KIE: So am I maybe dense? Does the rest of the board get this? Sounds like that there's already half of the sand we put on the beach is gone. MR. ILSCHNER: You lose about 60,000 yards of sand a year. CHAIRWOMAN MAC'KIE: So that's pretty true -- MR. ILSCHNER: Yes. CHAIRWOMAN MAC'KIE: -- close to half. MR. ILSCHNER: Be about 100 -- over 100,000 yards of sand in two years. Right. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: Wow. It's supposed to -- That's why it's a -- I understand it's supposed to, but wow. -- never-ending project. MR. ILSCHNER: It's amazing. That's why we have 50,000 yards a year that we plan to place on the beach. CHAIRWOMAN MAC'KIE: Okay. MR. ILSCHNER: So that was the result of the project. And what remains to be done? I think that's the next question. And that's where I want to point to these other areas. And I'll try to zoom in on those again. Get down close to those. Okay. We have a number of areas that were identified as areas in which the inspector, our own county inspector, determined that he had questions with respect to the contractors clearing of those areas after construction. Some of these areas where he would place his processing equipment and then he would have the stock piles of rock, and the inspector felt he didn't do a good job of cleaning those particular areas up. There were about seven of those areas. And they're the little small square areas that you see mostly on the dry beach. A couple are in the wet area down in this area, which would be down here Seventh Avenue. Those are areas that we have done testing in and have identified rocks. And we feel we have to go back and excavate that area. And I'll explain how we plan to do that momentarily. In addition to that, the inspector also -- we required him to be working out in the surf area, out in the water, and doing sampling out there as well. And where we had not previously identified any rock, we did find some rock. And we identified the limits of that rock. One of the areas was here. I have not highlighted it, because it has been completed it. And it's identified as Area 9. Area 8 and Area 10, now those two areas were identified by our own county inspector. He feels like they bear excavating and screening for rock. And we concur with him, based on the data he's presented to us. CHAIRWOMAN MAC'KIE: So what would be -- just to go back now, to understand that -- when we looked at those profiles, and we know that we went all the way, how could that have happened? MR. ILSCHNER: Well, out here it's highly likely that there may have been some rock that previously was not exposed that now became exposed through storm action. The important thing is that we did testing all through this area, additional testing. And this was finally identified by our own inspectors. Page 64 May 25, 1999 CHAIRWOMAN MAC'KIE: So the problem may be that when we look at the profiles like you showed us before, do those profiles go off into the water? MR. ILSCHNER: Yes. Let me give you an example here. Well out into the water. In fact, the dry beach makes up a lot less area that we've processed than the water area. For example, in this particular cross-section that I'm showing you here, this line where my pen is now located represents the separation between water, on the beach surface and dry beach. So water is out here. So you can see, we're processing all the way out to my pen. From this line all the way out to my pen in the water. And it got quite deep out there. CHAIRWOMAN MAC'KIE: But if you were going -- if that dark bottom line is the excavated profile, and the yellow hatched line is the original beach, and you went -- and you did this on the whole length of the project, how is it that now we find these areas, 8 and 10, or whatever the numbers were you just said? How could that happen if this -- I mean, if this happened and it worked, how did the mistakes occur? What's the explanation? Why do I not have to think that the system of measurement was somewhat faulty if we've already discovered some concerns? MR. ILSCHNER: Well, we were using the same system, Madam Chairwoman, that we used to identify this additional area. We were doing that as we went along. So this was identified here in the last several weeks. MR. FERNANDEZ: Madam Chairwoman, maybe I can help with this question. I think, Mr. Ilschner, the question is, if the -- if the process was so complete in profiling the excavation, how was it -- how did it occur that two areas were missed? How do we now have two remaining areas that still contain rock? .CHAIRWOMAN MAC'KIE: Thank you. That's exactly my question. MR. ILSCHNER: Let me ask Harry Huber, our Coastal Engineering representative, to answer that, because I'm not a coastal engineering expert. Harry, do you have an answer to that? MR. HUBER: The areas that were -- CHAIRWOMAN MAC'KIE: Harry, we can't see it. You want to look up here when you're pointing, because we can't see what you got. There you go. Thanks. MR. HUBER: The areas that we're talking about there is No. 8 and No. 10. Those are areas that -- well, first of all, that particular stretch of the beach was an area that was cleaned up last spring, not during this process. And the work limits were landward of the highlighted yellow section there last spring. So we didn't go out into that area of the water last spring. That's why we -- when we were doing this additional testing work out at additional, say, 60 feet into the water, we also did it up there to see if there was some rock that was out there that we -- was outside the original work limits. So that's how we identified those areas. We just didn't have enough time to get to them with the time constraints. CHAIRWOMAN MAC'KIE: So it's basically just a timing question that for this year, we knew that based on your test that the limits should go out farther into the water, and so they have been. Now, as you've looked at last year's work, you can see that those limits also need to be extended in those areas. MR. HUBER: That's correct. Page 65 May 25, 1999 CHAIRWOMAN MAC'KIE: Okay, I think I got it. MR. ILSCHNER: A little piece of information I didn't have, Madam Chairwoman, and I apologize for that. CHAIRWOMAN MAC'KIE: That's all right. Okay. MR. ILSCHNER: In looking at those areas, we've identified a total of 6,400 -- 6,400 cubic yards of material involved. If we relate back to the percentages of rock removed from the total, one could project around 400 yards of rock could be involved. We're not saying that amount, but it could be that much rock involved. How do we plan to address that? We would recommend to you that we address that through our annual maintenance program. We have an annual contract. It would be our intent after turtle nesting season to send a contractor in there and excavate all of this material. Not put any equipment down on the beach to be processing and sifting. That we actually load it up on dump trucks and haul it away for processing, and that we bring clean beach compatible sand to replace it. So we're not doing any processing on the beach, affecting people's ability to utilize the beach. That would be our recommendation. CHAIRWOMAN MAC'KIE: One question I'll have on that would be, how many truck trips does that add to the maintenance program? Because that's a sensitive issue in that area is how many truck trips we're going to have going back and forth. MR. ILSCHNER: Could somebody calculate that for me? MR. HUBER: I already have. I think that would equate to about 356 truck trips. CHAIRWOMAN MAC'KIE: Additional trips over the previous number? It takes us 356 trips to get this sand off the beach? MR. HUBER: Yeah, that's based on, if you use the 6,400 cubic yards, and each truck holds about 18 cubic yards of -- that's what it comes to. COMMISSIONER CONSTANTINE: Over what period of time will that happen? MR. HUBER: Well, I was figuring that we could do at least 50 trucks a day, truckloads a day. That equates to about seven days. MR. ILSCHNER: Let me quantify that. I'm sorry, Harry. I think that that's being optimistic, that we need about four weeks to complete that when we start. So we're looking at starting at the first of November and would complete it by the first of December. And spread those truck trips out a little bit over that time. CHAIRWOMAN MAC'KIE: We sure need to talk about that a lot. I mean where, they would go and if that's worth it. COMMISSIONER CARTER: What, to take sand out? CHAIRWOMAN MAC'KIE: To take sand out. MR. ILSCHNER: We would take about 356 trucks out. They would go to an area, drop the contaminated sand, pick up new beach, clean sand, and bring it back and deposit it. That would be the process that we would recommend. COMMISSIONER CARTER: Well, what would happen if you used the Parker Net System? MR. ILSCHNER: The what, sir? COMMISSIONER CARTER: If you used the Parker Net System, what would happen? Would you have to do all that? MR. ILSCHNER: We have received some information from Mr. Parker. I haven't evaluated it thoroughly, to answer your question, but we'll certainly look into that. Page 66 May 25, 1999 CHAIRWOMAN MAC'KIE: I'm certainly going to want to know before we add another -- because you may -- well, Harry may have this number already, but the number of truck trips already required for next year's beach maintenance program is how many? To which we will be adding now 350 if we go this way? Do you know that number, Harry, the number of truck trips for next year's maintenance program? MR. HUBER: Not offhand. But we wouldn't necessarily be doing this section of the beach. Our priority area to begin with under that program, it was up in Park Shore where we were going to build the test beach. So your primary activity would be up in that area. CHAIRWOMAN MAC'KIE: It's very sensitive. You guys know that already about this number of big 'ol dump trucks full of dirt traveling up and down those roads. I mean, it's just very sensitive. COMMISSIONER BERRY: Well, and maybe we need to try an alternative. Put the nets out there and see if it works. MR. ILSCHNER: The other alternative, Madam Chairwoman and Commissioners, would be simply to bring a screener in and screen it on the beach and process it there. And that would reduce the number of trucks as well. CHAIRWOMAN MAC'KIE: You're not asking us to make that decision today? MR. ILSCHNER: No, I'm not. CHAIRWOMAN MAC'KIE: Just going to give us -- and before we get it, you'll give us pros and cons on both of them? MR. ILSCHNER: That's correct. We'll look into that and work also with the City of Naples as well. CHAIRWOMAN MAC'KIE: Please. COMMISSIONER CARTER: And I would certain encourage us looking at the alternative system to cut down on the truck business. MR. ILSCHNER: Yes, sir. Another item that we remain to do is develop the post-construction report that we would submit to the board. We expect to have that post-construction report with all of our data in, in approximately three to four weeks. Humiston-Moore and Law Engineering is completing their work. If you recall, we hired them to look into the origin of rock, how much of that rock may have been native on the beach, how much of that rock was hauled in from the bar areas. All of this information will be compiled. And then we intend to submit this information to the Army Corps of Engineers and the FDEP, Florida Department of Environmental Protection. Based on the -- what I consider to be a Herculean effort on the part of county, and its contractor to remove rock from the beach, and if you look at all we've done and what we've removed, it's really an outstanding effort. We believe that we're going to receive permit compliance from both agencies. I ~ust might mention that Mayor Barnett has received a letter from the Florida Department of Environmental Protection commending the contractor on the outstanding work the contractor and the county has done in conducting this project. And they're very favorable toward the county in its efforts in that regard. The final thing, of course, is the board's direction for us to move ahead with legal activity that would identify the responsible parties and try to address that for the board. CHAIRWOMAN MAC'KIE: If we ~ind ourselves with a binding of permit compliance -- how can I ask this? That would be the good news. Page 67 May 25, 1999 But I don't want the county to be paying this -- what's the price tag for the project you've just described, both years? MR. ILSCHNER: This project total with all of our engineering costs, and it's going to be in the range probably of 500 to $575,000 total. CHAIRWOMAN MAC'KIE: So more than a half a million dollars. MR. ILSCHNER: More than half a million dollars. CHAIRWOMAN MAC'KIE: I don't want to see that coming out of -- I mean, that needs to come out of somebody's pocket besides the county's. COMMISSIONER CONSTANTINE: That's true. Because there's going to be a process. We need to get to that point, and we can't just sit and do nothing in the meantime. CHAIRWOMAN MAC'KIE: That's right. COMMISSIONER CONSTANTINE: So we may need to front the money, but CHAIRWOMAN MAC'KIE: As we have. COMMISSIONER CONSTANTINE: -- three or four weeks ago we -- I appeared on Jeff Lionel's show, and a few days later he wrote in the paper something to the effect of Constantine thinks we got a good deal on this, which wasn't exactly accurate. What I said was, there are three steps: One, we had to acknowledge there were some problems on the beach, which we have done; two, we need to correct those problems, which we are in the midst of; and three, we needed to pursue repayment from those responsible. And our manager and our attorney have been laying the groundwork for us to do exactly that. So I don't want there to be any mistaken notion that we're just going to pick up the tab and, oh, well, we've lost that money somewhere along the way. I think I've heard everybody on the board at different points say that there are some people that are responsible out there and we need to aggressively pursue that. So if you need direction from the board on that, I'm sure you'll get that without a whole lot of discussion today. CHAIRWOMAN MAC'KIE: Just one last question for David and then Mr. Fernandez wants to talk. And that is, I think I'm understanding. The fact that our project, if it is found in compliance post-cleanup, that won't affect the potential liability of someone for the cleanup cost because it was found not in compliance pre-cleanup. True? MR. WEIGEL: You're absolutely correct in your assertion. CHAIRWOMAN MAC'KIE: Good. Then I don't need to worry about it. MR. FERNANDEZ: That's the point I was going to make. CHAIRWOMAN MAC'KIE: Okay. Other questions? You know, the board is aware that the staff is going to make this presentation to City Council. Because this is as important an issue as there could be to people who live there. COMMISSIONER BERRY: Is this basically the presentation? MR. ILSCHNER: Yes, Madam Chairwoman. This will be the presentation that we will make to the City of Naples on June the 1st. CHAIRWOMA/~ MAC'KIE: Are there registered speakers, or did Mr. Boggess just come to listen? MR. FERNANDEZ: Mr. Boggess is our registered speaker. Mr. Bill Boggess. MR. BOGGESS: Good afternoon. CHAIRWOMAN MAC'KIE: Good afternoon. MR. BOGGESS: As I asked February 24th, where did the rocks come from? Page 68 May 25, 1999 CHAIRWOMAN MAC'KIE: We're getting there. He's told us we're going to have that in, what, a month? MR. ILSCHNER: Yes, Madam Chairwoman. MR. BOGGESS: I was told that on the 24th by Commissioner Mac'Kie and Hancock that they all came from outside the borough area. CHAIRWOMAN MAC'KIE: From outside? I think we've gotten a little more educated, or I can say I have, since then. MR. BOGGESS: I see. Very good. As far as the work that is being done, and you asked a couple of questions. Those drawings you saw before, all except Mr. -- or Dr. Carter. What I might do is go through a summary for Dr. Carter. What occurred was on -- after receiving the letter I read this morning from Mr. Fernandez, October the 9th, I filed a letter with the Corps of Engineers and the Department of Environmental Protection dated that same date, copied to the commissioners. October 20th, Commissioner Hancock had prearranged a meeting with me and he invited Ilschner and Gonzalez to talk about rocks. And he asked them to come up with a cost estimate to remove all project buried rocks. December 16th, the Board of County Commissioners had a meeting and a plan was presented. $75,000 to sift 16,500 cubic yards of sand. This was, you know, getting all the problem off the beach. At that particular meeting I pointed out that they were not extending out where they should. The rocks extended 150 feet into the surf from the high tide line. In other words, 90 foot beyond where they left. And Commissioner Mac'Kie said, "Just to follow up on that, because if I understand it, the continuing problem is that the wave action unburies, digs up some of the rocks that are currently, you know, well under the water and well under the existing sand. I don't want to do this for 75,000 now and then find that Mr. Boggess' additional 90 feet of rocks are just going to wash up next year. Let's get it all done. Be sure that we're clear, that we're getting it all done." Now, you received in July a photograph from me showing rocks up on the high tide line at Fourth, Sixth and Seventh Avenue South. This is after the contractor had completed his project. Your consultant and your staff at that time were queried whether there was any rock beyond the 2 plus 40. They said absolutely not. We tested that. There is no rock out there. Guess what? You're going back now. That's where your Area 8, et cetera, is. And they still aren't out to the tow of the original fill. The Corps of Engineers also stated in their letter of noncompliance dated February 25th, 1998, after having engaged your consultant and your staff in conversations about the rocks on the beach, they ended up making a statement which seemed rather strange to me but it was apparent to them that Collier County did not understand the full scope of the problem. And they pointed out there was rock on the beach and it extended 150-foot seaward from the mean high water line. CHAIRWOMAN MAC'KIE: MR. BOGGESS: Yes. CHAIRWOMAN MAC'KIE: of questions? MR. BOGGESS: Sure. Mr. Boggess? Can I take a risk here and ask you a couple Page 69 May 25, 1999 CHAIRWOMAN MAC'KIE: I -- sometimes you have so much information in your head that you give to us that we lose the effectiveness of it. I mean, you have so much information. And I don't want to waste you as a source that I think is valuable and I respect your research and the work that you've done here. So my question is, if I could get you to not look at the past but based on the presentation, because the past still has to be looked at, no question about it, who did what and who's got to pay still has yet to be answered. But based upon the presentation that Mr. Ilschner gave us today, do you see flaws? Do you see places we haven't dug that we need -- MR. BOGGESS: Absolutely. CHAIRWOMAN MAC'KIE: Can you help, tell us where those are? MR. BOGGESS: Absolutely. You have 25 to 40,000 cubic yards more to excavate, which will cost you approximately $400,000 along Naples Beach. You have done nothing on Vanderbilt Beach. You have 1,700 lineal feet in front of the Ritz. Am I done now? CHAIRWOMAN MAC'KIE: No, sir. MR. BOGGESS: 1,700 lineal feet in front of the Ritz that has buried rock, thanks to Dr. Steven. He had them remove only down to mean high water line. So there's probably 8,000 cubic yards of rock buried below mean high water line. CHAIRWOMAN MAC'KIE: Sir, let me get Mr. Ilschner to address, what makes you not think that there are other rocks we should be looking for out there? MR. ILSCHNER: Okay. We were briefing you today, Commissioners, on the Naples Beach, the City of Naples Beach issue. If you recall, in the original discussion with the board on this matter, we had two areas, Vanderbilt Beach and Naples Beach, and we developed a plan of action. This plan of action involved completely removing rock from the Naples Beach using Humiston-Moore and other consultants to evaluate the involvement on the Vanderbilt Beach and put the post-construction report together and submit two, based on our testing protocol in that original plan -- CHAIRWOMAN MAC'KIE: At the Naples Beach. MR. ILSCHNER: Naples Beach was one project, Vanderbilt Beach another in the original protocol submitted to the ACOE, Army Corps of Engineers, and the FDEP. They understood our plan approach would be to address the Naples Beach based on what we've found there and based on testing protocol methods, not going out and removing all of the sand and processing it on Vanderbilt Beach. Compile the information, submit it to the ACOE and FDEP, let them evaluate that and then they would provide us direction as to whether they felt we had to do anything other than use our normal beach tech equipment on Vanderbilt Beach. CHAIRWOMAN MAC'KIE: So the question -- MR. ILSCHNER: So that will be answered by our submittal to them. CHAIRWOMAN MAC'KIE: By when? MR. ILSCHNER: Well, we indicated three to four weeks to compile the report information, then we will be submitting it to Army Corps of Engineers and FDEP. CHAIRWOMAN MAC'KIE: Okay. We're still asking the question as to the Vanderbilt Beach area, but you described another section, too. MR. BOGGESS: Well, you asked me. I'll just stay on Naples Beach, because that's where I'm concerned. I could care less about Vanderbilt Beach, I don't go up there. CHAIRWOMAN MAC'KIE: That's your problem, Commissioner Carter. Page 70 May 25, 1999 COMMISSIONER CARTER: Well, then I've got some lovely pictures here from Mr. Ilschner to look at -- MR. BOGGESS: You do have the Ritz Hotel up there. COMMISSIONER CARTER: -- above Vanderbilt. MR. BOGGESS: Now, one thing that has occurred here, you have violated your contract with abutting property owners known as an easement. In that easement -- CHAIRWOMAN MAC'KIE: But you're talking past again, Mr. Boggess. Can we talk about what's missing from this plan? And then I've got to wrap it up, because everybody will shoot me if you stand up there forever. MR. BOGGESS: Okay. They have not gone far enough seaward. CHAIRWOMAN MAC'KIE: Far enough seaward. MR. BOGGESS: And they continue to not know what they're doing. CHAIRWOMAN MAC'KIE: Okay. That's pretty succinct. MR. BOGGESS: They -- and I don't know whether Mr. Ilschner's cost on this particular project -- it was interesting that your December 16th project included the cost of sand being replaced on the beach, the actual sand. When you made them go back and redo the job and they came up with 23,850 cubic yards for $100,000, that did not include the six dollars and some odd cents per cubic yard of sand. They took that from the emergency stockpile. When I was on the beach committee, we had that emergency stockpile there for emergencies, not for routine maintenance. Now, Mr. Huber would not allow the contractor to haul sand onto the beach after he went back to work. The first go-around, we were short nearly 1,000 cubic yards. CHAIRWOMAN MAC'KIE: But you're getting onto another subject. MR. BOGGESS: And the second go-around, we were short probably 5,000 cubic yards. The beach committee asked Harry and Harry agreed to put 10,000 cubic yards down at 16th Avenue, an area that had eroded away. And you add that plus the rocks that have been removed, and we are absolutely short. Plus the 275,000 that was never put on Naples Beach CHAIRWOMAN MAC'KIE: Well, that's a whole other story. MR. BOGGESS: -- plus the three or four years of the 60,000 cubic yards that have eroded away. CHAIRWOMAN MAC'KIE: Washed away. Okay, thank you, Mr. Boggess. Any other speakers on this item? MR. FERNANDEZ: No, ma'am. CHAIRWOMA/~ MAC'KIE: If not, it was informational. Are there any other questions for staff on this from the board? COMMISSIONER CARTER: Well, the only comment I'd like to make, Madam Chairman, is that I will send this down to you, Mr. Ilschner. This is regards to Vanderbilt Beach. And I want due process done on that beach to make sure that we've done everything we need to do and also look at alternative systems for restoring sand. COMMISSIONER CONSTANTINE: I'm happy to report there are no rocks on the Golden Gate beach. CHAIRWOMAN MAC'KIE: Congratulations. MR. ILSCHNER: Thank you, Madam Chairwoman. MR. BOGGESS: Can I say one more thing? CHAIRWOMAN MAC'KIE: No, sir. I can't let you. I'm sorry. I can't. Page 71 May 25, 1999 Item #8C1 AUTHORIZATION TO DP~AW FUNDS FROM THE RECENTLY AUTHORIZED LINE OF CREDIT LINE OF CREDIT AND EXTEND THE CLOSING DATE ON THE NORTH NAPLES REGIONAL PARK PROPERTY - STAFF RECOMMENDATION APPROVED The next item is 8(C) (1), public services. Has to do with the funding and the line of credit for the North Naples Regional Park property. COMMISSIONER CONSTANTINE: Move approval. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Discussion? Registered speakers? MR. FERNANDEZ: None. COMMISSIONER NORRIS: Mr. Olliff does want to say something. CHAIRWOMAN MAC'KIE: Mr. Olliff? MR. OLLIFF: Thank you very much. Public Services Administrator, Tom Olliff. An issue has come up that I need to get some board direction on, outside of what's in the executive summary. And that is, the line of credit in order to close requires certain paperwork that will not be able to be produced and ready in time for the closing, which was scheduled for March 28th. There are a couple of choices in that case. And one is to extend or amend the purchase contract on the property for two weeks, which is part of what's being recommended. But the property owner has requested compensation in return for that. The property owner was gracious enough to grant us an original amendment to the -- and provide an extension without compensation. At this time, he didn't feel like the trustees would be willing to do that. His price for the extension is approximately $1,100 per day. CHAIRWOMAN MAC'KIE: That's an interest number? MR. OLLIFF: That is an interest number. CHAIRWOMAN MAC'KIE: Whose delay? Our delay? MR. OLLIFF: It is our delay in terms of putting the financing together for this closing. COMMISSIONER CONSTANTINE: Why the delay? MR. OLLIFF: The delay was because the original funding source that we had intended to use was going to be community park impact fees that was the lion's share of the funding. It's since been determined between the consultant that we had doing the parks impact fee update and the county attorney's office that the communitypark impact fees shouldn't be used for this project because they are determining that it is more of a regional park than a community park. And they're saying that because the funds were collected under the old impact fee ordinance, they should be spent under the terms that were there under the old ordinance. The other option is to go ahead and close by the 28th and avoid that penalty charge. But that would require that the county borrow some funds internally. And that's my recommendation to you, is that we borrow money from the solid waste fund, the 470 refund, rather than the general fund reserve, because this is a $4,250,000 amount. The solid waste fund has in excess of 20 million dollars. We would borrow that for a period of roughly two weeks, in time to get the line of credit closed, repay the solid waste fund, and pay the solid waste fund interest that would have been earned on that money during the two-week period of time. Page 72 May 25, 1999 COMMISSIONER CONSTANTINE: Is that interest a smaller amount? MR. OLLIFF: Yes, sir, it's a smaller amount. CHAIRWOMAN MAC'KIE: I thought you were going to say that there was an alternative, that either we could pay him this $1,100 interest today day or. Was there an or? MR. OLLIFF: There is an or. Or we close by the 28th by doing internal borrowing. And that's my recommendation. COMMISSIONER CONSTANTINE: Is there another alternative that we go with our original plan and then amend that two weeks later? MR. OLLIFF: You lost me. COMMISSIONER CONSTANTINE: When you were -- you explained the reason was we got an interpretation on the use of community park impact fees. MR. OLLIFF: Right. COMMISSIONER CONSTANTINE: What if we went ahead and used those as we originally thought we would, and then the two weeks following that, then we come back and amend that and alter what source is being dedicated so we don't pay interest to solid waste, we don't pay interest to that person, we merely correct our own action. CHAIRWOMAN MAC'KIE: Would our lawyer let us do that? COMMISSIONER CONSTANTINE: Saves 15,000 bucks, or whatever that MR. OLLIFF: The risk to that is whether somebody who had paid the impact fee originally would object to that and file suit. COMMISSIONER CONSTANTINE: But if it's corrected in two weeks, it becomes a moot point. MR. OLLIFF: I agree. COMMISSIONER CONSTANTINE: Seems like a pretty easy way to save $z5,000. MR. WEIGEL: If asked -- am I asked? I will tell you that it's an inappropriate use of the impact fee money, even if it's a slight borrowing for a brief period of time. CHAIRWOMAN MAC'KIE: So we can -- MR. WEIGEL: I don't think it's a question of whether a suit or filed or not. The question is whether it's an appropriate use. And our legal review is that it is not an appropriate use. COMMISSIONER CONSTANTINE: Well, one suggestion might be that we go ahead and follow that use while you study that in depth. And if you were to come back in a couple of weeks and tell us you were sure it was an inappropriate use, we could alter that and still save that $~s,000. CHAIRWOMAN MAC'KIE: John? COMMISSIONER NORRIS: What is the issue? If we're going to pay it back in two weeks, no matter who we would borrow it from, what is the issue with the general fund reserves? MR. OLLIFF: There's no issue there, other than we would be obligated, I think in any case, to repay either general fund or the solid waste fund the interest that that money would have earned had it been left in the account. And because we're talking about $4,250,000, the current general fund reserve balance is only about five and a half million dollars. And professionally, I'd be uncomfortable recommending that you take the general fund reserve down to a million dollars even for that short period of time. CHAIRWOMAN MAC'KIE: As much as I'd like to do it, too, as Commissioner Constantine's suggests, I'm afraid, though, that we find ourselves in the same boat. Wouldn't we, at the end of the two weeks Page 73 May 25, 1999 when we get our final, final opinion from the county attorney that says no, no, this really is an appropriate use, wouldn't we at that point have to pay interest to that impact fee fund that we had perhaps in hindsight inappropriately tapped? I mean, I don't think we could get there. MR. OLLIFF: I do think we're talking about a significantly smaller amount of money, too, because I believe that the two-week period is the longest extent of time that it could possibly take, in my opinion. And I believe that we can close shortly after the 28th on the line of credit and take down whatever internal note that we put together, and the interest then would be a number of days rather than a two-week period. And even if it were two weeks, we've estimated that interest would be between eight and $10,000. So I don't think we're talking about a tremendous amount of money in either case. The other option the board has is to provide that money interest free. And if the board wants to do that, it has that ability as well. COMMISSIONER CONSTANTINE: Either way, the taxpayer ends up -- CHAIRWOMAN MAC'KIE: Yeah, the same pocket. COMMISSIONER CONSTANTINE: I don't think we legally could do that at a solid waste fee. I don't think we could just opt not to pay the interest back on that, because it's its own fund. CHAIRWOMAN MAC,KIE: Mr. Weigel? COMMISSIONER CARTER: What would we legally have to pay in interest, prime? MR. OLLIFF: No, Our recommendation would be we pay the same rate that that fund would be generating. And it is being re-paid out of your impact fee funds for parks, and it is the same type of interest that you would pay if a line of credit were taken down at the 28th anyway. So it's no additional financing cost to your impact fee fund. So my recommendation is still that you borrow money from the solid waste fund from that short period of time, authorize the line of credit documents, authorize the closing and everything else that's in your executive summary recommendation. CHAIRWOMAN MAC'KIE: So we had a motion. MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER CONSTANTINE: Separate question. MR. FERNANDEZ: I could try to shed a little more light on that interest question. Typically what drives the requirement to pay interest are bond covenants. And in this case we don't have that in the solid waste fund. So there may be business reasons, but I don't believe there are legal reasons why there would be the requirement to pay interest. COMMISSIONER CARTER: So we wouldn't have to pay any interest. CHAIRWOMAN MAC'KIE: To the solid waste fund. COMMISSIONER CONSTANTINE: I would really raise a question there, because that is a fee for a specific purpose, it is collected separately. It's not a general tax, it is a fee the Solid Waste Fund has collected for the specific purpose of dealing with solid waste. And if you were to use that money and not pay interest, you're essentially taking whatever the amount of that interest away from the fund that has specifically been collected for. I think we're walking on dangerous ground. CHAIRWOMAN MAC'KIE: I'm not comfortable doing that either, even if we legally could. It's a different thing from a business decision. Page 74 May 25, 1999 MR. FERNANDEZ: It's a business decision, I think, primarily. CHAIRWOMAN MAC'KIE: Do you have something you need to say, David? MR. WEIGEL: Well, I just wanted to make it clear that it's not that I've come to a temporary preliminary decision about the use of the impact fees. My opinion is, make it clear, that it's an improper use of the impact fees, even if it's a loan for a short period of time. Also, I'd hate for us to be in a position where we think we've got the, quote, loan from a particular funding source and on closing day we don't have a check because the clerk hasn't written a check. And it's my understanding that in regard to using the solid waste enterprise fund, in talking with Mr. Olliff in the course of the meeting today, that that has already been discussed with the clerk's office and they understand that it may be used under certain auspices. You might want to clarify for the record, Tom, whether in fact you discussed the interest concept or not with that fund repayment. MR. OLLIFF: We did discuss with the finance director the use of the solid waste funds. And I think the only conversations that we had were always in terms of repayment at the interest rate that that fund was currently earning. COMMISSIONER CONSTANTINE: Separate question. Construction dates and completion dates of this. I get asked that quite frequently, and I don't know the answer. MR. OLLIFF: We're estimating that this particular project, from the time of closing, will take approximately one year to do design and permitting. If we get into permitting issues, that could stretch out to 18 months, as long as. Construction following that would be about a year to 14 months beyond that. So we're looking at anywhere from two to two and a half to two and three-quarter years. Now, some of that is tied to the construction schedule of the Livingston Road segment there as well. COMMISSIONER CONSTANTINE: I understand. MR. OLLIFF: And we will -- we are right now trying to work with transportation department to see if there are some opportunities to accelerate that road construction as well. CHAIRWOMAN MAC'KIE: If that -- I don't know -- I should, but don't know if that's in our little public works binder that you update for us quarterly. That -- although technically not a public works project, it'd sure be a nice one to get in that -- MR. FERNANDEZ: Yes, it's there. CHAIRWOMAN MAC'KIE: -- in that loop. All right. So we had a motion and second, I think, on the floor. Does the motion -- who made it? COMMISSIONER NORRIS: Tim. COMMISSIONER CONSTANTINE: I did. CHAIRWOMAN MAC'KIE: Did you make it, Tim? Does the motion incorporate Mr. Olliff's recommendation? COMMISSIONER CONSTANTINE: It will. CHAIRWOMAN MAC'KIE: And does the second? COMMISSIONER NORRIS: Second amends. CHAIRWOMAN MAC'KIE: And is there further discussion? Does Sandy have something we need to talk about? All in favor, please say aye. Opposed? (No response.) Page 75 May 25, 1999 CHAIRWOMAN MAC'KIE: And that passes unanimously. We can move on now to the discussion about the six-cent gas tax. MR. FERNANDEZ: Madam Chairwoman, I think it's more appropriate that we take this item up in conjunction with the public hearing item. CHAIRWOMAN MAC'KIE: You told me that. I'm sorry. MR. FERNANDEZ: I neglected to mention that when we talked about ordering the agenda earlier. Item #gA RECOM/4ENDATION TO CONSIDER A SETTLEMENT PROPOSAL IN THE CASE OF BAMBI HENDERSON VS. COLLIER COUNTY, CASE NO. 97-3387-CA-01, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT - ATTORNEY PIVOCEK TO PROCEED W/LITIGATION CHAIRWOMAN MAC'KIE: I'm sorry, you did tell me that, so I'll withdraw that and go back now to the County attorney's support settlement proposal in the case of Bambi Henderson. This is a tough one for me, because there's just no liability, but it's a cheaper settlement than it would be to hire the experts to defend the case. MR. PIVACEK: I can't try it for less than -- for the amount of money. I've discussed this with the board. I'm here and Jeff Walker is here from Risk Management Department to answer any questions that the board has. Commissioner Norris? COMMISSIONER NORRIS: Name? MR. PIVACEK: Oh, I'm sorry. For the record, Larry Pivacek, outside counsel for Collier County on the Henderson versus Collier County case. CHAIRWOMAN MAC'KIE: Did you say I can or I cannot? MR. PIVACEK: I can't try it for $2,500. CHAIRWOMAN MAC'KIE: You cannot try it for less than -- MR. PIVACEK: No. As I said in the executive summary, we're going to have to hire a physician in order to do an independent medical examination of the plaintiff child in this case, and then I'll probably have to videotape his deposition. However, I did explain to the commissioners, individually as well as in my executive summary, what we feel our exposure is on this case and what type of a liability case it is. So both myself and staff, being the risk management department, are just asking for direction from the board with respect to whether or not we want to stand by the $2,500 settlement offer or just proceed to trial. So I'm just asking for direction. COMMISSIONER CONSTANTINE: Madam Chair, as unappe'aling as it is to settle, I think if we can do that and save the taxpayers some money. And when you go to trial, you always incur that risk that they could not -- you know, as sure as we may be that we are in the right here, you incur some risk that there could be a judgment against you. So I'll make a motion we go ahead and follow through with the $2,500 settlement. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: Is there discussion on the motion? COMMISSIONER CARTER: Well, I would like to discuss that. I respectfully disagree with Commissioner Constantine. I understand Page 76 May 25, 1999 from your discussion with me that these people could end up having to pay our court fees. MR. PIVACEK: If I did an offer of judgment in this case, correct. COMMISSIONER CARTER: That's right. MR. PIVACEK: That's a possibility. COMMISSIONER CARTER: I really ~- and they've already taken $10,000 in settlement fees in this case from two other sources. MR. PIVACEK: My understanding is those are offers that are potential in this case. They haven't been finalized with respect to the court matter. And those are representations made to me by their attorneys. COMMISSIONER CARTER: Well, what I really don't like about this is that there's no personal responsibility here. He have a child that was playing on a wall, jumped and grabbed the limb and broke his arm. So what we send as a message to everybody is hey, my kid's never responsible. If he breaks his arm, let's go sue somebody. And I don't like it. I don't like to risk taxpayers' dollars in this. But there's a wrong message being sent here. There is no personal responsibility on the part of the family or the child. And we're buying into my favorite term, legalized extortion, because somebody figures that they can go collect a bunch of money from several source. They already got 10,000 on the table, why not add Collier County on it because they've got deep pockets? And that's why I'm opposed to us not taking this to court and trying this and to try to get some resolution here to stop some of this stuff. It's a societal thing for me. CHAIRWOMAN MAC'KIE: Larry, if you had to try this case, the expert -- the doctor's going to be 1,000 bucks? MR. PIVACEK: I mean, I'd say anywhere between 1,000 and 2,000. CHAIRWOMAN MAC'KIE: So would you be willing to cap your fee at 2,000? MR. PIVACEK: I'm always open for discussion with Mr. Weigel and Mr. Fernandez. CHAIRWOMAN MAC'KIE: So that we know that our fee exposure is 2,000 for you and max 2,000 for the expert? MR. PIVACEK: Yeah, I mean, I don't want to get into what my fee would be right in front of the board here. But, I mean, if the board is looking to make it a viable -- make it a viable option in order to try the case, then, you know, I mean, I have a contract with the board and me and Mr. Weigel speak routinely, so -- COMMISSIONER CONSTANTINE: Just to -- I understand it's not appealing, and I understand the point you're trying to make. I think that's going to be achieved through tort reform, not through Collier County standing up and puffing its chest and saying we'd rather pay more money to take a risk than pay less money and be done with it. MR. PIVACEK: That's why, Commissioner Constantine, I had to bring to the board, I can't try the case. The way my contract is structured and the way -- the experts I'd have to retain in order to try the case, I cannot try it for less than $2,500. As my ultimate client, I had to give you that representation. COMMISSIONER CONSTANTINE: I understand. It's very distasteful. The idea of settling is very distasteful. But I -- COMMISSIONER CARTER: Very distasteful. COMMISSIONER CONSTANTINE: -- honestly don't think it's going to make a darn bit of difference if we settle, whether or not the next Page 77 May 25, 1999 person says well, I'm going to try to sue, either. I think the answer is in the legislature or in the federal government with some tort reform rather than us trying to stand tough and spend more money. COMMISSIONER BERRY: I agree with Commissioner Carter, and I agree with Commissioner Constantine. There's no question, I hate handing them money. CHAIRWOMAN MAC'KIE: I just agree. COMMISSIONER BERRY: I agree. I mean, there's nothing you can do and it makes me angry when I saw the pictures and saw all of this, I thought what in the world. And it just -- but there are people out there that are going to do this. COMMISSIONER CARTER: And all we do every time is we settle these things, we reinforce to them it's okay not to be responsible. And somewhere -- I want to draw the line. I can't go with this no matter what the rest of the board does. I'm sending a message that I'm not COMMISSIONER NORRIS: Well, there's principle involved here. You're right, Commissioner Carter, there's principle involved here. And I don't think we're at risk for any tremendous amount of money in this in any case. I think -- COMMISSIONER CARTER: fees -- COMMISSIONER NORRIS: going to win -- COMMISSIONER CARTER: COMMISSIONER NORRIS: COMMISSIONER BERRY: If that's $75,000 chance in interim service -- our chances are very good that we're -- I'm willing to spend 4,000 -- I'm not going to go for settlement either. Well, then maybe I ought to withdraw my second and we'll -- maybe we ought to set a precedent here. CHAIRWOMAN MAC'KIE: I guess just to put forth the other side of the argument, it is true that it is a principle and the principle is about responsibility, and as much as I would rather pay Larry more than $2,500 than pay a faulty claim a nickel, I also know that my greater responsi -- if it's my money, I can do what I want to with it. If it's my money and I want to stand for a principle, then I can. It's not my money. I don't have that option. It's a responsibility -- my responsibility is to keep the taxes low by paying the least amount out I possibly can. COMMISSIONER BERRY: Is this a moral responsibility that we have? CHAIRWOMAN MAC'KIE: You know, maybe. COMMISSIONER NORRIS: Could you -- MR. FERNANDEZ: Madam Chairwoman. COMMISSIONER BERRY: I'm going to withdraw my second. I think we're going to go to court. CHAIRWOMAN MAC'KIE: Okay, we have a motion. Do we have a second? COMMISSIONER BERRY: I've withdrawn my second. CHAIRWOMAN MAC'KIE: Okay, just seeing if anybody else wants to. If not, it's going to die for lack of second. And -- COMMISSIONER NORRIS: Going to court. MR. PIVACEK: Yeah, I was just asking for direction. So is there a motion and a second that I should -- that myself and staff should proceed to litigation? COMMISSIONER BERRY: We haven't -- no, we need to make -- COMMISSIONER CARTER: I move we go to court. CHAIRWOMAN MAC'KIE: Is there a second for that one? COMMISSIONER NORRIS: Second for that one. Page 78 May 25, 1999 CHAIRWOMAN MAC'KIE: Ail in favor, say aye. Opposed? COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Passes 4 to 1. MR. PIVACEK: Thank you, board. MR. WEIGEL: Thank you. Item #10A RESOLUTION 99-251 APPOINTING SARA BETH WHITE, GARY HAYES AND LES DICKSON TO THE CONTRACTOR'S LICENSING BOARD CHAIRWOMAN MAC'KIE: Okay. Appointment of members to the Contractors' Licensing Board. I do not know Sarah Beth White, but I was certainly excited to see her application there. She does live in my district. And under the consumer category, she appeared to be an extremely informed consumer. So I'd like to put her name forward. We need a couple of more. COMMISSIONER CONSTANTINE: I'd like to reappoint Gary Hayes. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: to waive terms for? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: And Les Dickson. And none of those are the ones that we have No. Okay. So there's a motion. Second. And a second for Gary Hayes, Les Dickson, and Sarah Beth White. Further discussion? Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 79 RESOLUTION NO. 99-251 1999 RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE CONTRACTORS' LICENSING BOARD. WHEREAS, Collier County Ordinance No. 90-105, as amended, created the Contractors' Licensing Board and provides that the Board shall be composed of nine (9) members appointed by the Board of County Commissioners with a minimum of two (2) members residing within the corporate city limits of Naples or recommended to the Board by the Naples City Council; and WHEREAS, effective October l, 1998, Section.489.131(10), Florida Statutes, requires that every contractors' licensing board consisting of seven or more members must have at least 3 of those members qualify as consumer representatives. WHBREAS, there is currently a vacancy for a consumer representative seat, and two (2) terms will expire on June 30, 1999, creating a total of three (3) vacancies on this Board; and WHBREAS, the Board of County Commissioners previously provided public notice soliciting applications from various interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Sara Beth White meets the prerequisites for appointment and is hereby appointed as Consumer Representative to the Contractors' Licensing Board for a three year term, said term to expire on June 30, 2002. 2. Gary F. Hayes meets the prerequisites for appointment and is hereby reappointed under the category of Plumbing to the Contractors' Licensing Board for a three year term, said term to expire on June 30, 2002. 3. Les Diekson meets the prerequisites for appointment and is hereby reappointed under the category of Roofing Contractor to the Contractors' Licensing Board for a three year term, said term to expire on June 30, 2002. This Resolution adopted after motion, second and majority vote. DATED: 'May 25, 1999 -~ ~i":'A ,TTEST:' ' ':'; ;:':?:' : :': : uGHT E,':BR,OCK, Clerk '.~ .... ,.. · · ,, . · " ,.":Appwved ~'to"~q~ ~d County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chaff'woman May 25, 1999 Item #10B RESOLUTION 99-252 APPOINTING FAY BILES AND ANDER LECRONE TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY COMMISSIONER BERRY: I'd like to make a motion for the next ones, the water -- waste water authority. We have two applicants and two appointments. One lay member, one technical member. Both of them fit the appropriate category. So Fay Biles and Andre LeCrone. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 80 RESOLUTION NO. 99-252 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY WHEREAS, Collier County Ordinance No. 96-6, created the Collier County Water and Wastewater Utilities Regulatory Ordinance and provides that the Authority shall be composed of five (5) members appointed by the Board of County Commissioners; and WHEREAS, Ordinance No. 96-6 provides that three (3) members of the Authority shall be technical members and two (2) members of the Authority shall be lay members; and WHEREAS, there are currently two (2) vacancies on this Board under the categories of Lay Member and Technical Member; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Andre M. "Monty" LeCrone is hereby appointed under the category of Technical Member to the Collier County Water and Wastewater Authority for a four year term, said term to expire on May 21, 2003. 2. Fay R. Biles is hereby reappointed under the category of Lay Member to the Collier County Water and Wastewater Authority for a four year term, said term to expire on May 21, 2003. W This Resolution adopted after motion, second and majority vote. ipATE,D,.:. May 25, 1999 .'Approved ns to ro~ and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairman County Attorney DCWdm May 25, 1999 Item #10D REAPPOINTMENT OF ONE MEMBER TO REPRESENT THE BCC AT DCA - NO ACTION We have already handled 10(C). Commissioner Norris added a matter on about who should represent the board at the Department of Community Affairs. COMMISSIONER NORRIS: Yes, Madam Chairwoman, the meeting on the 8th of June I think is going to be a very, very important meeting. And I think that if you were our representative, you would be placed in a fairly awkward position of having opposed what we're trying to do, and then on the other hand, go up there and try to advocate that same position. I know you're trained as a lawyer and all that, but I think this is a very important meeting. And I would just suggest that -- in fact, I'll make it a motion, that we send Commissioner Constantine, because he's very familiar with the item as well and was a proponent of it. In fact, one of the originators of the movement. And beyond that, he has some personal contact with Secretary Seibert in the past. So I would like to put that out for the board as a motion. CHAIRWOMAN MAC'KIE: I assume that you mean -- you said the 8th, do you mean the staff meeting or do you mean the meeting at the Governor and Cabinet? COMMISSIONER BERRY: The 22nd. COMMISSIONER NORRIS: Well, yeah, but there's a meeting on the 8th. And I know -- I believe I heard you say that you didn't want to send a representative at all. CHAIRWOMAN MAC'KIE: Yeah, I was not planning to go on the 8th. COMMISSIONER NORRIS: Well, I think we should send somebody on the 8th, and I would like to suggest that that be Commissioner Constantine. Then of course it would only make sense that he follow up on the 22nd as well. CHAIRWOMAN MAC'KIE: Well, I -- I'm going to tell you guys that I feel very strongly -- I know, John, you never wanted me to be chairman of this board. You've blocked it for four years. It finally happened over your objection. I'm either chairman of this board or I'm not. And this is appropriate for the Chair to take to the state and to the Governor and Cabinet. I have developed a rapport with Secretary Seibert. He and I are quite friendly. And I am more than competent, more than able to advocate for the position of the board, not only as a result of my training as a lawyer, but frankly, because of my own personal ethics. You guys give me a job, I know how to go and do it. I did that when I went before to Tallahassee. I can do that again. And I think it would signal a lot of discord if someone other than your chairman goes and someone other than the person who would originally goes. I have started this discussion with Secretary Seibert, I would like to continue this discussion, and I am the Chair of this board. And I would like to serve in that capacity for the year that I serve as Chair. I am confident -- and there will be others around me who will be there, who can report back to you, if you would like, whether or not -- you can be on the phone, John, if you want, to listen to see if I'm doing an adequate job of representing this board's position. But I am capable of representing this board's position, I am committed to Page 81 May 25, 1999 representing this board's position, and I'm the chairman of the board. So I strongly object to your motion. COMMISSIONER NORRIS: Well, I can see that you do. And you seem to have taken it personally, which it wasn't meant to be. But I don't know that it's written anywhere that it has to be the chairman that represents the board on this matter, so -- CHAIRWOMAN MAC'KIE: There is a second for the motion? COMMISSIONER CONSTANTINE: Let me make a different suggestion that might serve all of us. That is staff's going up on their -- my understanding is you didn't intend to go the 8th, you intended to the 22nd. CHAIRWOMAN MAC'KIE: My hope is to miss one board meeting and not two. COMMISSIONER CONSTANTINE: We've made some suggestions today earlier following our discussions, and I'd like to see where those discussions with our staff and DCA staff What I would offer instead of replacing you the 22nd is, if we're not pleased with where those discussions go on the 8th, Secretary Seibert's a friend of mine, and what I will do is if the board would like, in the interim, in between that time, I'll go up there and spend some time outside the office and see if there's a way that we can into that meeting hand in hand, and may end up playing good cop, bad cop. I go up and extend the hand and see what we can do. And you up and -- CHAIRWOMAN MAC'KIE: If it's necessary, I certainly want us to use every resource we have. COMMISSIONER CONSTANTINE: That's all I'm saying, is if in between those meetings, if that can be a benefit, great. If we come out of those staff meetings, we don't need to do that, I don't care. I'd rather not take a day trip to Tallahassee anyway. But if that's helpful, I can go spend some time with Steve and see where we can And then if you need to go in and be the tough on the 22nd, then that's fine, too. CHAIRWOMAN MAC'KIE: And I have no objection. And I count on and don't have any question that everybody in this community who can will be communicating to the secretary and to the Governor and Cabinet. I certainly would want to use that leadership Florida connection, absolutely. COMMISSIONER CONSTANTINE: And that's something that maybe after we hear back from staff's meeting on the 8th then, you know, we can weigh whether that's even necessary. It may not be. But that way if we can take advantage of that, that's great. We'll see where we COMMISSIONER NORRIS: You're not saying you're going to go up there on the 8th, but -- COMMISSIONER CONSTANTINE: Correct. COMMISSIONER NORRIS: -- if necessary, between the 8th and 22nd. COMMISSIONER CONSTANTINE: Yeah. Let staff do what they do on the 8th. COMMISSIONER NORRIS: That's satisfactory. CHAIRWOMAN MAC'KIE: So are you withdrawing your motion? COMMISSIONER NORRIS: Yes. CHAIRWOMAN MAC'KIE: Thank you. ***We can go to public comment on general topics. Do we have speakers or is Ty gone for the day? MR. FERNANDEZ: No speakers. Page 82 May 25, 1999 CHAIRWOMAN MAC'KIE: Now, please don't let me lose sight, Mr. Fernandez, of when I should go back to that 8(E) (1). MR. FERNANDEZ: We'll announce that after the public hearing. CHAIRWOMAN MAC'KIE: Okay. I got it. I see now. Item %12B1 PETITION R-99-3, GEOFFREY PURSE OF PURSE ASSOCIATES, INC. REPRESENTING GOLDEN GATE INN, REQUESTING TO CHANGE THE ZONING CLASSIFICATION OF A PROPERTY FROM .GC. GOLF COURSE TO "C-3 INTERMEDIATE COM)~ERCIAL DISTRICT - DENIED Okay, 12(B) (1) is zoning amendment. Jeff Purse representing the Golden Gate Inn. See, this is a public hearing, so all persons wishing to be heard on this matter, please stand, raise your right hand and be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRWOMAN MAC'KIE: As far as disclosure, I have not met with anyone on this item. COMMISSIONER BERRY: Nor have I. COMMISSIONER NORRIS: Nor have I. COMMISSIONER CONSTANTINE: I may have had some limited contacts, and I'm admiring that great looking tie he's got on. CHAIRWOMAN MAC'KIE: Great tie. Okay. This was an item I was surprised not to see on the summary agenda. I understand it's not on the summary agenda because of one letter of objection. COMMISSIONER CONSTANTINE: Could I just raise, the issue is I think fairly cut-and-dry. That corner out there has not been the most attractive for awhile. And this is an opportunity to dress it up a little bit, put something productive and good there. The only question I had was the access issue, making sure we have appropriate access out at Golden Gate Parkway that doesn't interfere with the rest of the traffic. MR. BADAMTCHIAN: Chahram Badamtchian, from Planning Services Staff. That's one of the problems that the transportation department is having with this project. They are proposing right in and right out on Golden Gate Parkway and 951, which the applicant is not agreeing to that. They want at least one full median opening on the side. And that's what Mr. Ed Kant is going to address. CHAIRWOMAN MAC'KIE: Is that -- I don't quite understand. Can you help me understand the question, Tim? COMMISSIONER CONSTANTINE: Sure. My understanding is staff recommendation is a right in on Golden Gate Parkway but no exit on Golden Gate Parkway because of its proximity to the intersection. MR. BADAMTCHIAN: Correct. Right in and right out. COMMISSIONER CONSTANTINE: And a right out on County Road 951. CHAIRWOMAN MAC'KIE: You might want to zoom that out or something. There we go. COMMISSIONER NORRIS: The map shows a right in, right out. MR. KANT: Good afternoon, Commissioners. Edward Kant, Transportation Services Director. During the review of this project, I raised a concern about that particular median opening, which is shown near the intersection of Golden Gate Parkway and 951. Page 83 May 25, 1999 The petitioner's correct in their statement during the application, that median had always been there a long time. But it was there a long time with a much less intensive use. I believe there were some tennis courts and there was the old motel units which at one point were condo units. Our concern is the traffic in the area has been building, is going to continue to build to some extent, and we're not very comfortable in approving the -- that this intersection be left as a full intersection. We had no objection to a westbound left in to the northern shopping center, which would -- there's a turn lane here to get in here. But we're concerned the traffic coming off of 951 and heading east -- heading west, and then wanting to turn in here is going to encounter traffic backed up waiting for this signal. COMMISSIONER CONSTANTINE: What's the distance there, Ed? Because I'm familiar visually, and I know that it's extraordinarily short, and it really is not going to work, but it might help if you could put a number on how far that is. MR. KANT: I don't have an exact number, Commissioner. CHAIRWOMAN MAC'KIE: Well, you could throw a rock. I mean, it's a short distance. MR. KANT: The depth of that lot, I believe, is only a couple hundred feet, so at best it's a couple hundred feet. But that's a speculation, sir. I can't give you an exact number. COMMISSIONER NORRIS: Mr. Kant, are you proposing that we close that median opening? MR. KANT: We were concerned with perhaps constraining it. Closure is always a last option. But we would see an eastbound left to get into that northern shopping center, because the turn lane is there. And any cuing would still be in that turn lane. The problem, as I said, is not with that, the problem would be with a left -- westbound left into the site or a westbound exit from the site, especially with traffic cued in here and the crossing movements. We're very, very concerned about that. CHAIRWOMAN MAC'KIE: So you could redesign that median cut to prevent the turning movements that are problematic? MR. KANT: That, we can do. We do that all the time. The issue is that the petitioner is concerned that -- and it probably relates to the marketability of the site, but from a technical point of view, we have some serious concerns with that increase in traffic and that median opening at that location. COMMISSIONER CONSTANTINE: I'll tell you, nobody would love to see this corner developed any more than I would, with the exception of the owner of the property, probably. But I share your concern on that westbound left-hand turn. COMMISSIONER BERRY: I agree. CHAIRWOMAN MAC'KIE: Yeah, it sure makes sense. COMMISSIONER BERRY: Would there also be an access off of 9517 CHAIRWOMAN MAC'KIE: Chahram? Or Ed? MR. BADAMTCHIAN: I'm sorry? COMMISSIONER BERRY: Is there still an access or would there be an access off of 951, so if you had people that did -~ were coming down 951 rather than turning in there, they could come on and access that site from 951, a right in, right out on 9517 MR. KANT: Yes, Commissioner. There is a right in, right out. That turn lane and right in and right out are there now. They were Page 84 May 25, 1999 put in a couple of years now, I think. It's been at least two years they were put in. CHAIRWOMAN MAC'KIE: But you couldn't left in off of 951. MR. KANT: The existing median opening is a full median open. And what we're proposing, as you can notice in here, is what the technical expression is a pork chop. Purely, a technical literation. We're proposing that if we find there is an access problem because of those turning movements, that we would reserve the right to install that type of constraint. We're not suggesting that that type of constraint go in at the very beginning. But I suspect that if that's typical of those types of intersections, because it's too close to Golden Gate Parkway to signalize. COMMISSIONER BERRY: Right. MR. KANT: So we want to give them as best access we can, but at the same time we have to look at what's happening on the arterials. COMMISSIONER CARTER: Wouldn't it be wise up front to put the pork chop in instead of waiting until we have 10 or 12 accidents and then come back? MR. KANT: Yes, Commissioner. In a perfect world, I would. But we are trying to accommodate the petitioner as best we can. CHAIRWOMAN MAC'KIE: We ought to balance that property's need for access because it's -- there's also -- we don't want a see a dead Walgreen's on the corner there. That would be awfully bad for what they're trying to do in Golden Gate. Mr. Weigel, can we add that access restriction, or do we have to either turn up or turn down the request in front of us, or should we ask the petitioner if he agrees? MR. WEIGEL: I think it's always important to get as complete a record as possible and have the petitioner participate in the discussion. CHAIRWOMAN MAC'KIE: So perhaps you will. Come right on up. For the record. MR. PURSE: Good afternoon. For the record, my name is Jeffrey Purse. I am representing this project. There is a problem in that Walgreen's has indicated that they will welcome the project if the median is closed. Also, by closing that median, it eliminates any northbound traffic from getting into the Walgreen's. CHAIRWOMAN MAC'KIE: Now, which one are we talking about? Chahram, could you put it on the visualizer again? COMMISSIONER BERRY: If you're coming up 951 -- MR. PURSE: If you are coming up 951. COMMISSIONER BERRY: -- you couldn't get in there. MR. PURSE: You could not turn into the project. CHAIRWOMAN MAC'KIE: No left in. COMMISSIONER BERRY: No left in. You couldn't get in there because you couldn't get into the -- there's a median out in front on 951, so you couldn't get in there. MR. PURSE: Right now that's a full opening. But on our side, on the turn lane, we'd put in, quote, a pork chop that prevents people from going out across the median in and heading north. That's why it's a right in, right out. COMMISSIONER CONSTANTINE: I don't recall the year. Commissioner Norris, maybe you do, and maybe some of the other commissioners around here. But it seems to me when we dealt with this access issue -- and Kevin, may you can help. Kevin Durkin, from the Quality Inn -- this came to us twice. And the first time it got turned down, trying to Page 85 May 25, 1999 just get the access issue where you see access out on to County Road 951. First time it was turned down completely. Second time they came back with a more detailed plan. But part of the agreement was they would only have a right in, right out. And that's how they got that access in the first place. And so now to suggest that you ought to allow that northbound traffic is contrary to what was promised in order to get this access on to 951. And if the majority of the board wants to go with that, that's fine. But I think that's an important thing to remember is the reason this was given three years ago, five years ago, whatever it was, was with that rationale in mind. So we are completely changing what we did and what the intent was if we do that. COMMISSIONER BERRY: I wasn't here, so it had to be before I got here. CHAIRWOMAN MAC'KIE: It had to be five. But Tim, if you -- based on what's out there now, Tim, would you make the same condition if the request came in today? COMMISSIONER CONSTANTINE: Yeah. I just -- again, as much as I'd love to see it in there, and I understand from a commercial standpoint and trying to market the product standpoint you'd want to have the access. It appears to be a dangerous situation to get up there and try to hang a left in there that close to the intersection of Golden Gate Parkway. CHAIRWOMAN MAC'KIE: Walgreen's is crazy if they walk from this deal because of the market that's out there. MR. KANT: Commissioners, if I may also make an observation, and that is that this particular property is physically connected, even though there's a line to demise the property. It's physically connected to the other Golden Gate Hotel and -- I can't think of the name of that property. Quality Inn, I believe it is. So there is access at other points, and cross access through that other property. I don't know, I believe it's all in common ownership of one sort or another. But typically that's not the type of thing what we get into. CHAIRWOMAN MAC'KIE: Your client's saying no. but -- COMMISSIONER CONSTANTINE: No, there's some dumpy little condos out there. MR. PURSE: There is a -- there's an existing condominium that is not owned by my client. It sits out there in the front. That part of the parking lot is in to the county right-of-way. And that's why that area looks pretty confusing. I'd like to point out, too, that at that intersection you are approaching a traffic light so the traffic is decreasing its speed. Also, the speed along there is 35 miles an hour. On the survey that was given as part of this packet, the distance of the frontage, from where this is, is approximately 160 feet. I have seen in this county worse conditions than this. And I don't know, you know, having just been aware that the intersection is going to be closed, you're also across the street taking away a full median access from across the street also. So I wish the board would consider that in order to keep a good business in the area in which Golden Gate needs, that you consider leaving that access opened for us. CHAIRWOMAN MAC'KIE: And you said that -- COMMISSIONER CARTER: Well, I guess I'm of the opinion that Walgreen's will study the demographics and the numbers in there that Page 86 May 25, 1999 will work at the site. If I go to Vanderbilt Beach Road and U.S. 41, that site is not exactly -- CHAIRWOMAN MAC'KIE: That's ugly for access. COMMISSIONER CARTER: -- perfect for exiting, entering, and they're doing a thriving business. So I can't compromise community safety for the needs of Walgreen's, I'm sorry. CHAIRWOMAN MAC'KIE: And I just had one other question, just to try to look for -- because I can't either. But to try to look for a creative solution. This -- I think what we are officially referring to as the dumpy little condos that are in the way of access. COMMISSIONER CONSTANTINE: DLC, we call them. CHAIRWOMAN MAC'KIE: The DLC's. Did you say that a part of their parking lot is in the right-of-way? MR. PURSE: Yes, they are. CHAIRWOMAN MAC'KIE: Could we do something from a county perspective? MR. PURSE: I have here a copy of the condominium plat that was filed in 1978 that I can present to you so you can see where they are. CHAIRWOMAN MAC'KIE: Maybe if you could give that to Mr. Fernandez, he could get it to the right staff people. If that's some kind of a code enforcement problem or if there is something we could do to -- MR. PURSE: It's been there for 20 years. CHAIRWOMAN MAC'KIE: That's okay. We still have codes that apply. We could discourage the dumpy little condo. COMMISSIONER CONSTANTINE: I think the Sheriff's Department keeps a regular eye on it, too, as well. MR. PURSE: Now, another thing I'd like to point out, too. Because of what is there now, and we all know what is there, by putting in -- normally when you approve a property next to one that is not as good, it either forces the people to improve it or sell it to someone who wants to improve it. And I think that's what putting a Walgreen's there will do. And I have been told that the Walgreens will walk from this project. I'm not -- you know, that's what I have been told. COMMISSIONER NORRIS: That's unfortunate. But our responsibility is to -- MR. PURSE: I agree. I agree. But I want to give everything -- COMMISSIONER CONSTANTINE: I'll be happy to talk to Walgreen's with you and try to prohibit them from -- MR. PURSE: I will have them call you. COMMISSIONER CONSTANTINE: -- closing this thing. I support everything in here, with the exception of those two left turns. I just -- particularly the one on the parkway is an impossibility. But I think the one on 951 still is dangerous. MR. PURSE: There's a point here that we're here not for a Walgreen's but we're here for a rezone to take the fact that the land on the Golden Gate master plan is shown as a C-3 infield. And the reason that we're here today is that the Growth Management Plan shows it as golf course. I would like, if possible, for the land to be approved for the rezoning. CHAIRWOMAN MAC'KIE: It can be. MR. PURSE: Because it's going to -- whoever comes next is going to have to do it again. Page 87 May 25, 1999 COMMISSIONER CONSTANTINE: Absolutely. I support the rezoning. You'll have my vote on that. I just as part of that, it will have the limitations of access that we've just talked about. But absolutely support that rezoning. CHAIRWOMAN MAC'KIE: And it would be best for our record if you on behalf of the property owner could indicate that you agree to that change for this purpose. MR. PURSE: If I might have a moment. COMMISSIONER CONSTANTINE: I bet that might assure you get four votes. CHAIRWOMAN MAC'KIE: Really important question. COMMISSIONER NORRIS: Well, now I'm starting to get a little concerned in that if we just go with a plain rezoning, Walgreen's backs out, then what are we going to have there? It might not be something that we would have approved in the first place. CHAIRWOMAN MAC'KIE: Well, there's a lot of C-3's. COMMISSIONER CONSTANTINE: I don't think C-3 would be objectionable on that. COMMISSIONER BERRY: What are some of the businesses in a C-3, again? CHAIRWOMAN MAC'KIE: Chahram? COMMISSIONER NORRIS: Well, convenience, commercial type uses. MR. BADAMTCHIAN: C-3 is intermediate commercial. Allows grocery stores and -- CHAIRWOMAN MAC'KIE: Probably a Jiffy Lube? MR. BADAMTCHIAN: Jiffy Lube requires C-4. COMMISSIONER BERRY: Used car lot? MR. BADAMTCHIAN: No, used car lot is C-5. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: Drive-thru package store. Just give the name -- Did your client have an opinion? MR. PURSE: Yes. I'm sorry, we cannot agree with agreeing to a closure of that intersection. CHAIRWOMAN MAC'KIE: And you know what that means then, is that you'll probably not have the votes for your rezone. MR. PURSE: Well, it's -- the way it stands now is that if we don't -- you know, if the intersection's not there, the Walgreen's won't be there either. COMMISSIONER CONSTANTINE: I guess the point is if you don't get the rezone, then you guarantee Walgreen's is gone. If you have the rezone, at least you can still try to talk to them about it. And if you have the rezone, it's already there. Should Walgreen's walk and you have someone else become interested in the property, you don't have to come back here and to go through this again. But, I mean, if you want to shoot the dice and not go back and have it be golf course still, then that's your prerogative. MR. PURSE: Well, the thing is that the -- I've been told emphatically that Walgreen's will walk from this. CHAIRWOMAN MAC'KIE: But even if they do, you still will have a more marketable piece of property with the C-3 zoning on it than you will have with golf course. I mean, here I'm trying not to be your -- MR. PURSE: No, I don't want to project in -- THE COURT REPORTER: Excuse me, one at a time. CHAIRWOMAN MAC'KIE: Excuse me. Page 88 May 25, 1999 I'm trying not to be your client's lawyer, but I want to be sure that he understands. I can't support the rezone with that entrance. You probably -- Commissioner Constantine has already said he can't either. So you either walk away today with a C-3 without the entrance and exit that you want, or you walk away with what you had before you spent, what, a thousand bucks to go through this process? MR. KANT: Commissioners, if I may, I just would like the record to reflect that regardless of the fact that this particular petition has as its subject the Walgreen's, it is, as Mr. Purse has pointed out, a C-3 rezone. And our concerns would stand, regardless of the uses on that depending on how the traffic works out. I would just like the record to reflect that. COMMISSIONER NORRIS: Yeah, I think we understand. MR. PURSE: We would like to, if it's possible, to extend the vote for two weeks so we can talk to Walgreen's and see what they are going to do. CHAIRWOMAN MAC'KIE: Where's Mr. Weigel? I'm going to need some legal advice. COMMISSIONER CONSTANTINE: Well, let me ask a real simple question, Mr. Weigel. Mr. Weigel? Real simple question, and that is, we can still approve it with contingencies regardless of whether or not the petitioner has agreed to that or not, can't we? MR. WEIGEL: Yes, you can. And I'm a little unclear right now. I was looking at the ordinance before you that's advertised today. And correct me, Margie, if I'm missing something, but it appears to me to merely refer to changing the zoning from golf course to C-3, and it doesn't talk specifically about the medians or the opening or closing of medians. So I thought maybe we would broaden it beyond the mere ordinance before the board, anyway. MS. STUDENT: For the record, Marjorie Student, Assistant County Attorney. If there are conditions that the board adds or come up during the course of the meeting, then that ordinance is typically redone to reflect those. CHAIRWOMAN MAC'KIE: Okay. So this is not something that the petitioner has to agree to for us to vote. Okay, there was a request for a two-week continuance. And are there any registered public speakers? MR. FERNANDEZ: There are none. CHAIRWOMAN MAC'KIE: Then I close the public hearing at this point. What's the will of the board? COMMISSIONER CONSTANTINE: I'm going to make a motion that we approve the request with the access issue contingencies. And I appreciate the fact they've asked for two weeks, but I just don't follow the logic why you wouldn't want it changed even if Walgreen's walks away. I would think you'd still want that zoning. CHAIRWOMAN MAC'KIE: I would, too. COMMISSIONER NORRIS: Well, that's great, but I don't know that we should make that decision for the petitioner. COMMISSIONER CONSTANTINE: No, I know. COMMISSIONER NORRIS: If he doesn't want it rezoned, I don't think we should rezone it. CHAIRWOMAN MAC'KIE: He could withdraw his petition. COMMISSIONER BERRY: Well, if we're going to continue -- are you going to make a motion -- Page 89 May 25, 1999 COMMISSIONER CONSTANTINE: No, I'm not suggesting -- my motion is to approve it with the access contingencies. Because, I mean, we have staff time involved, we have our time involved, we've got -- we're paying a stenographer, everything else, so there's not a whole lot of reason for their convenience -- COMMISSIONER CARTER: I'll second that. COMMISSIONER CONSTANTINE: -- to continue that for two weeks. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: So a motion and second to approve it with the condition that we change the access points as described, the right ins and outs. Any discussion on the motion? Any legal advice? We're on firm ground, Mr. Weigel? MR. WEIGEL: No, no more than -- COMMISSIONER CARTER: No, we're not on firm ground? Thank you. COMMISSIONER BERRY: No, we're not on firm ground or no legal advice? MR. WEIGEL: The record's complete right now. You may take your vote. Marjorie indicated that the ordinance will reflect the changes that you've made. CHAIRWOMAN MAC'KIE: Okay. MS. STUDENT: I'll just add, as long as there's a public health, safety and welfare consideration, which the access issue is -- CHAIRWOMAN MAC'KIE: Clearly is. MS. STUDENT: -- you're on good ground for making your decision. COMMISSIONER CONSTANTINE: That was certainly the intent of including that part in my motion. COMMISSIONER NORRIS: I'm going to vote negative on this because if the petitioner has requested that we don't rezone his property, I think that's what we ought to do. I don't think that I want to rezone it in spite of what he asked us to do, so I'm not going to vote for it. CHAIRWOMAN MAC'KIE: Any other discussion on the motion? If not, all in favor, please say aye. Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: So the motion fails 3 to 2. So your rezone is denied and now it's six months before you can ask for another one. COMMISSIONER CONSTANTINE: Unless you want to do something different now and get one of those commissioners who voted in the prevailing side at that end of the podium to reconsider. I mean, otherwise, even if Walgreen's wants to stay, you don't get a rezone for six months. You can't even apply for another rezone for six months. MR. PURSE: Yeah, we're aware of that. COMMISSIONER NORRIS: Okay, if that's what they want. COMMISSIONER CONSTANTINE: I don't follow that at all. I don't understand the logic, but -- it's 1,000 bucks down the tube. Item #12Cl ORDINANCE 99-38 RE MAXIMUM TOWING FEES FOR NON-CONSENT TOWING AND DIRECTLY RELATED NON-CONSENT STORAGE OF TOWED VEHICLES ADOPTED Page 90 May 25, 1999 CHAIRWOMAN MAC'KIE: Okay, Item 12(C) (1) is an ordinance about maximum towing fees that basically just complies with the state law mandate. Am I right? MR. WEIGEL: That is correct. CHAIRWOMAN MAC'KIE: Public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Is there a discussion on this item? Close the public hearing. Motion to approve. Second. All in favor, please say aye. That motion passes unanimously. Item #12C3 ORDINANCE 99-39 RE PARK AND RECREATIONAL FACILITY IMPACT FEE Okay, we've got a continued item, parks and rec. impact fees. Now we're ready for you, Ms. Ramsey. MS. RAMSEY: Thank you. For the record, Marla Ramsey, Parks and Recreation Director. CHAIRWOMAN MAC'KIE: Mother of a really cute kid who I got to see at the employee picnic. MS. RAMSEY: Thank you. On February 9th, 1999, the board directed staff to pursue an impact fee study option that updated the facility and land values but excluded the collection of impact fees for the beach related growth. At the same time, the board directed staff to investigate an alternative option to utilize TDC revenues to fund the beach related growth. As a result of the board's direction, there are two ordinances before you today. I'll go over the two ordinances really quickly with you. The first one, option one, is to update the facility and land values but exclude the beach-related amenities, such as park lands and beach parking land, and associated on-site facilities. CHAIRWOMAN MAC'KIE: And we would be excluding that from the tourist tax or from the impact fees? MS. RAMSEY: From the impact fees. And the impact fee to the per dwelling for the incorporated area would be $176, for the unincorporated area would be $735. Currently, if you need that number, it's 179 for the incorporated area, and $578 for the unincorporated area. Option two before you is calculated based on the inclusion of beach-related amenities and the updated facility and land values. The value of this option is its flexibility. It allows the board to utilize either TDC funds or impact fees to fund beach-related projects. The drawback is the higher impact fee rates, which are $250 for the incorporated area and $821 for the unincorporated area. In an effort to incorporate a number of views on this impact fee study, both of the options before you today were taken to various advisory committees. The Collier County Planning Commission has recommended Ordinance No. 1. The Development Services Advisory Committee has recommended Ordinance No. 1. The Environmental Advisory Board did not feel that they wanted to vote in either direction. Page 91 May 25, 1999 CHAIRWOMAN MAC'KIE: Thank you for asking them, though. MS. RAMSEY: Yes, correct. And the parks and recreation advisory board has recommended Ordinance No. 2. Also, on October 19th the staff requested $620,000 from the Tourist Development Council for a beach-related project related to growth. The TDC approved the project with a stipulation that the board maintains the one penny tax that is scheduled to sunset in December. The reason that the staff mentioned the TDC funding is that if the board adopts the first ordinance and beach parking projects are not determined to be a priority of the TDC funding, the beach parking deficit will continue to grow along with some population. Staff recommends Ordinance No. 2, based on the funding flexibility that this option provides for all of the related growth activity. The one other thing that the ordinance does is it takes the existing funding sources that we have and changes them slightly. The -- currently we have a regional park impact fee and a community park impact fee. And this is for both of the ordinances, depending on -- it doesn't matter which one. Currently what we've recommended is that we would have a regional park impact fee trust account which would have only the municipalities funding deposited into it. They would then only be utilized for regional park projects. The second funding source would be the unincorporated park impact fee trust account. These funds would be used for both regional and community park growth. And the unincorporated dollars would be deposited into that account, giving us flexibility for the board to determine what the direction of the funding source would be -- what the funding would be used for. And at this time I can answer any questions. CHAIRWOMAN MAC'KIE: I have one. Marla, what I want to see is as much flexibility within the impact fees as possible. And I think what I want is Option 2, because I want you to have the maximum flexibility, the maximum amount of dollars, but I am hopeful that we will be shifting some of those beach costs to TDC. What I think you're telling me is that if we shift some of those beach park costs to the tourist tax, we could eliminate about an $800 park impact fee for people in the unincorporated area. It's about 250 bucks for people in the city limits, and about 800 and something dollars for people outside of the city limits. Because we could go with Option 1 if we had the third penny and knew that we could pay for our beach projects with tourist tax. COMMISSIONER NORRIS: Well, the problem there, though, is going to be that we don't know for sure if the referendum to keep the third cent is going to pass. CHAIRWOMAN MAC'KIE: I was just hoping that maybe -- MS. RAMSEY: I'm not sure if I quite understand that. But if I understood correctly, you wouldn't eliminate the $821 for the unincorporated but you would save $96 per dwelling unit. That's the difference between the two dollars. CHAIRWOMAN MAC'KIE: I see, okay. COMMISSIONER CARTER: So if we had the third penny, you'd have greater flexibility. Third penny people who come and use the beaches are paying for that because it's a bed tax. And on my survey of all the people around this county who live here, they really are not upset about somebody paying a third penny on a bed tax. They don't feel Page 92 May 25, 1999 like it's coming out of their pocket and they feel like it's being paid for by people who come and use their resources. So I'd like to give you option 2 and I'd like to stand on the third penny. And the comments that I keep getting is, why don't the commissioners just make that decision instead of taking it back to us, when they don't have to do it? CHAIRWOMAN MAC'KIE: And we're going to get a presentation from the community on that question, when, our next meeting? MR. FERNANDEZ: I'm not sure. CHAIRWOMAN MAC'KIE: It's very soon, I know. And I guess one question I have is, do we need to make this decision before we know -- I guess I continue to hold out hope that somebody may change their mind and this board might in fact keep the third penny bed tax in place without a referendum. What if we postpone this parks decision until the door closes on that possibility? And then we might be able to lower the impact fees. COMMISSIONER CONSTANTINE: I'm not going to change my mind. I gave my word that we would sunset this tax, and I have every intention of keeping my word. Maybe Commissioner Norris is not sure he's going to. But let's not pretend that maybe this is going to happen if it's not going to happen. I also think if it goes to referendum, it will pass overwhelmingly for the very reason that you just stated, is that people realize that it's not coming out of their pocket, it's coming out of the visitors to our community. So let's keep our word and let the thing sunset. And put it to referendum and let the public do it, which they will. In the meantime, let's address this issue and not delay it with some false hope. CHAIRWOMAN MAC'KIE: That means, though, that we have to -- we would have to have the higher impact fee number in order to be sure that in the event the tourist -- I'm sorry, the voters did not pass the referendum, through some misunderstanding -- COMMISSIONER CARTER: If we put too many things out to referendum, they'll get confused over a bed tax or a sales tax or whatever else the community wants to put under referendum. We'll all get canned. COMMISSIONER CONSTANTINE: Maybe I give the voters more credit than that. COMMISSIONER NORRIS: I do, too. But wait a minute. Let me just point out that you're talking about a parks impact fee, not a beach parking impact fee. CHAIRWOMAN MAC'KIE: No, no, no. COMMISSIONER NORRIS: So if it makes sense to raise the park impact fee because we need it to improve or build new parks, then it makes sense for that purpose alone, ignoring the beach parking for that discussion. CHAIRWOMAN MAC'KIE: Well, I think the math that they've done, though, includes beach parking improvements being paid for either, if we can't get them out of the third penny, then out of the impact fees. So the number -- the gross number that we use to divide up to decide who has -- you know, how much each person has paid to build a new house is higher if impact fees are going to have to pay for beach parking facilities by about 100 bucks a head. MS. RAMSEY: $100 a dwelling difference. COMMISSIONER NORRIS: Let me ask Mr. Weigel if there's any prohibition on us adjusting impact fees downward at any time. Page 93 May 25, 1999 MR. WEIGEL: COMMISSIONER NORRIS: impact fee -- CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: alternatives for staff? COMMISSIONER NORRIS: No, you don't have a prohibition. Typically -- It turns out that we don't need this much Lower it. -- you can lower it, sure. Can we refund it to the people who paid it? If you want, we could. Okay. So is there direction on one of the Close the public hearing. MS. RAMSEY: CHAIRWOMAN MAC'KIE: MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: All in favor? Opposed? (No response.) CHAIRWOMAi~ MAC'KIE: Well, our recommendation was Ordinance No. 2. Were there registered speakers? Then we will close the public hearing. Make a motion that we take Option No. 2. Second. Motion and a second. Passes unanimously. Item #12C4 ORDINANCE 99-40 RE THE IMPOSITION AND EXTENSION OF LEVY OF THE SIX CENTS LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COLLIER COUNTY AND TAXED UNDER THE PROVISIONS OF CHAPTER 206 Okay. C-4, which also includes the item that we postponed before that has to do with the gas tax. Yes, sir. MR. SMYKOWSKI: Good afternoon, Commissioners. For the record, Michael Smykowski, Budget Director. We're looking for board approval today of an ordinance providing for the reimposition and extension of levy of the six-cent local option gas tax. CHAIRWOMAN MAC'KIE: Is there -- since this is a public hearing, let me ask, are there public speakers registered on this item? MR. FERNANDEZ: None. COMMISSIONER CONSTANTINE: This is the old tax that's been in place for years. It's got a life on it, and we've done it in little increments all the way. You're looking for us to do it on a long-term basis now rather than every few years. MR. SMYKOWSKI: That is correct. There is a total of 30 years life. We have 16 years of capacity for which to renew this tax, and the board direction on April 27th was for the county attorney to advertise an ordinance with that maximum renewal period of 16 years. CHAIRWOMAN MAC'KIE: Close the public hearing. COMMISSIONER CONSTANTINE: This in no way should be confused with the five-cent tax which we promised to sunset in about four and a half more years? MR. SMYKOWSKI: That's correct. COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Motion and a second. Page 94 May 25, 1999 All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion passes unanimously. Item #8E1 RESOLUTION 99-253 RE NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL OPTION FUEL TAX UPON EVERY GALLON OF MOTOR FUEL AND DIESEL FUEL SOLD IN COLLIER COUNTY TO BE EFFECTIVE SEPTEMBER 1, 1999 COMMISSIONER NORRIS: Does that include the companion item or do we need to go back and do that separately? COMMISSIONER CONSTANTINE: That one is not a public hearing, so I make a motion we approve the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Motion and second for 8(E) (1). All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. MR. SMYKOWSKI: Thank you. CHAIRWOMAN MAC'KIE: Thank you. Page 95 RESOLUTION NO. 99- 253 NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL OPTION FUEL TAX PURSUANT TO SECTION 336.025, FLORIDA STATUTE$. 5 1999 WHEREAS, Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents Local Option Fuel Tax; and WHEREAS, Section 336.025, Florida Statutes, requires the County to enter into an interlocal agreement with one or more of the municipalities located in the County prior to June 1, 1999 or absent such interlocal agreement, requires the County to adopt a resolution of intent to levy such local option fuel tax prior to June 10, 1999; and WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinafter "Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant to Section 336.025, Florida Statutes, providing for the imposition of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes; and WHEREAS, the levy of the Six Cents Local Option Fuel Tax shall otherwise expire, effective September 1, 1999 pursuant to Ordinance NO. 89-27; and WHEREAS, the Board has determined that it is appropriate, fiscally sound and in the best interests of the citizens of Collier County to extend the Six Cents Local Option Fuel Tax; and WHEREAS, Section 336.025, Florida Statutes provides that the County may, prior to levy of the tax, establish by interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the County, a distribution formula for dividing the entire proceeds of the local option fuel tax among the County government and all eligible municipalities within the County; and WHEREAS, Section 336.025, Florida Statutes, provides that if such interlocal agreement has not been executed, the County may, prior to June 10, adopt a resolution of intent to levy the Six Cent Local Option Fuel Tax; and WHEREAS, an interlocal agr~ernent providing a distribution formula for dividing the entire proceeds of the Six Cents Local Option Fuel Tax among Collier County government and all eligible municipalities within the County for future years has not yet been established; and 5 WI-1E~AS, said tax may be levied by an ordinance adopted by a majority vote of the Board and Ordinance No. 99-.J-I0 providin§ £or the levy o£a Six Cents Local Option Fuel Tax was adopted bythe Board on'-J;-'~~ ~::~, ,1999; and , NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIVflVIISSIO~RS OF COLLIER COUNTY, FLORIDA THAT it is the intent o£this Board to extend and impose a Six Cents Local Option Fuel Tax before July 1, 1999 to be effective September l, 1999 £or a period of sixteen (Id) years and expiring on August 31, 2015, and to entor into an intorlocal agreement with one or more of the municipalities located within Collier County represonting a majority of the incorporated population within Collier County, which inteflocal agreement shall provide a distribution formula For dividing the ontire proceeds of thc Six Cents Local Option Fuel Tax among the County government and all eligible municipalities. This Resolution adopted thi~day ~ ,1999 aiter motion, second and majority vote Favoring same. ATTEST: ~. DWIGHT~ E. BROCK, Clerk O~v[d C. Weigel ' Co~ A~omey h:cw~solutionM1 ~gffn~t 6 cmt i~al BOARD OF COUNTY COMMISSIO~RS COLLIER COUNTY, FLORIDA :p an 199g 2 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (Agreement) dated this ~ day of ~, 1999, by and between Collier County, a political subdivision oft. he State of Florida, hereinafter referred to as "County", and the City of Naples, a political subdivision of the State of Florida. In consideration of the premises and pumuant to the authorization of Section 336.025,. Florida Statutes, the parties hereto agree as follows: 1. Pursuant to Section 336.025, Florida Statutes, the Collier County Commission enacted Resolution No. 99-253 ( a copy of which is attached hereto and incorporated herein by reference as Exhibit "A") authorizing the levy of the Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in the County and taxed under the provision of Chapter 206, Florida Statutes. 2. Section 5 of Ordinance No. 99-40 provides that the distribution of the proceeds from the local option fuel tax shall be pursuant to Interlocal Agreement with eligible municipalities, which Interloeal Agreement shall provide a distribution formula for dividing the proceeds from the tax. 3. The County shall hereby receive 80.69% of the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold in Collier County, and the City of Naples shall receive 14.30% of the proceeds from the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold in Collier County. It is further agreed that the City of Marco Island shall receive 5.01% of the proceeds of the Six Cents Local Option Fuel Tax on every gallon of motor 'fuel and diesel fuel sold in Collier County, and Everglades City shall receive 0.75% of the proceeds of the Six Cents Local Option Fuel Tax on every gallon of motor fuel and diesel fuel sold in Collier County. To arrive at the appropriate share of the proceeds to be paid to the respective parties hereto, the following procedure shall be followed. Everglades City shall receive 0.75%, Collier County shall then receive its 80.69% share based on the remaining 99.25%, making Collier County's share 80.09%. The City of Marco Island shall receive its 5.01% share based on the remaining 99.25%, making the City of Marco Island's share 4.97%. The City of Naples shall receive its 14.30% share based on the remaining 99.25% making the City of Naples' share 14.19%. Collier County City of Naples City of Marco Island Everglades City 80.09% 14.19% 4.97% 0.75% Total 100.00% 4. This Agreement shall be in full force and effect from September 1, 1999 to August 31, 2003 inclusive, unless changed by written Agreement of all parties. This Agreement shall govern the division and distribution of the proceeds of the local option fuel tax imposed through August 31, 2003. The distribution formula for the succeeding agreement shall be based on FY98-FY02 audited transportation expenditures. 5. This Agreement shall be filed with the Clerks of the County, the City of Naples, the City of Marco Island, and Everglades City, Florida, prior to September 1, 1999. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective authorized signatories. DATE~.{~ ATTE~4I~~ BOARD OF COUNTY COMMISSIONERS DWI'.G. HT¢~{~_I¢, Clerk COLLIER COUNTY, FLORIDA ~,,. ' 'i,~I :~ ' ' "* ,* ." .,'-'0: :,~ , ffAMELA S. M~C'~, Cl]airw ttest to Chltrm s oman / ApPra~;efi,~,~_~. ~qg, ~0rm.S ~ gnal;ur, on! I' And Legal Sufficiency: Collier County Attomey DATED: ~/~____~ ATTEST: TARA A. NORMAN, City Clerk BY:2~~~I~ Approved As To Form And Legal Sufficiency: Attorney, City of Naple-s C F NAPL IE kRNE 'r, ffiyor- . Page 2 of 2 RESOLUTION NO. 99- NOTICE OF INTENT TO LEVY THE SIX CENTS LOCAL OPTION FUEL TAX PURSUANT TO SECTION 336.025, FLORIDA STATUTES. WHEREAS, Section 336.025, Florida Statutes, authorizes the County to levy a Six Cents Local Option Fuel Tax; and WHEREAS, Section 336.025, Florida Statutes, requires the County to enter into an interlocal agreement with one or more of the municipalities located in the County prior to June 1, 1999 or absent such interlocal agreement, requires the County to adopt a resolution of intent to levy such local option fuel tax prior to June 10, 1999; and WHEREAS, the Board of County Commissioners of Collier County, Florida (hereinat~er "Board") adopted Ordinance No. 89-27 on May 9, 1989, pursuant to S~etion 336.025, Florida Statutes, providing for the imposition of thc Six Cents Local Option Fuel Tax upon every gallon of motor fuel and diesel fuel sold in Collier County and taxed under the provision of Chapter 206, Florida Statutes; and WHEREAS, the levy of the Six Cents Local Option Fuel Tax shall otherwise expire, effective September 1, 1999 pursuant to Ordinance NO. 89-27; and WHEREAS, the Board has determined that it is appropriate, fiscally sound and in the best interests of the citizens of Collier County to extend the Six Cents Local Option Fuel Tax; and WHEREAS, Section 336.025, Florida Statutes provides that the County may, prior to levy of the tax, establish by interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the County, a distribution formula for dividing the entire proceeds of the local option fuel tax among the County government and all eligible municipalities within the County; and WHEREAS, Section 336.025, Florida Statutes, provides that if such interlocal agreement has not been executed, th~ County may, prior to June 10, adopt a resolution of intent to levy the Six Cent Local Option Fuel Tax; and WHEREAS, an interlocal agreement providing a distribution formula for dividing the entire proceeds of the Six Cents Local Option Fuel Tax among Collier County government and all eligible municipalities within the County for future years has not yet been established; and WHEREAS, said tax may be levied by an ordinance adopted by a majority vote of the Board and Ordinance No. 99-.~0 providing for the levy ofa SixCents Local Option Fuel Tax was adopted by the Board on 1999; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT it is the intent of this Board to extend and impose a Six Cents Local Option Fuel Tax before July 1, 1999 to be effective September 1, 1999 for a period of sixteen (16) years and expiring on August 31, 2015, and to enter into an intefloeal agreement with one or more of the municipalities loealed within Collier County representing a majority of the incorporated population within Collier County, which interlocal agreement shall provide a distribution formula for dividing the entire proceeds of the Six Cents Local Option Fuel Tax among the County government and all eligible municipalities. This Resolution adopted thi~-X~day ~ ,1999 after motion, second and majority vote favoring same. ~TTEST: .?. :DWIGHT. E.. BROCK, Clerk · ....,,~... ~ ,';,. :; .", '.%.~", ,,.",.7' "-:: ~ ~""x ~' ~.~. ., :V I~ ' ...',,,,.:. &oprov~ ~:to f6.r~,':and · ... !'.i~_*-},.. . .. ..1'~ .~,. .. f; ' ' , "k ' " '[ '' · " ~vA C' Weigel - Co~ Attorney h:cw/Rcsolulion~i 999~n~t 6 cent I~al option ~cl ~x BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR]DA By: ' ~~- P an State of FLORIDA ,., ,, .... i..: ./ ".. L... County of COLLIER .,,:. 'CF ' .. '. - . ,. . ./'~,~ I HEREBY CERTIFY'rHAT fills l~.a.....t~, II;,arl~ .:'~..~;. correct copy of a document oh!rile'In Board Minute9 and Rocd~S':of;COlller .C0U/t~l~g, -~. WITNE~;$ my hand and 6fflClal ~oal day · ,.' .... : .,, ,~/',~.~:" .. .: .,.,:,:. '. L}WIGtll E. t:tROCl<, 0LERK'O~I~.0U[~'~'!? [1~,,: _ ,.~...~ D,C ....... .. 2 May 25, 1999 Item #14B AUTHORIZATION FOR THE CHAIRWOMAN TO SIGN A LETTER REQUESTING A VETO OF SENATE BILL 318 INTANGIBLES TAX/COUNTY REVENUE SHARING - NO ACTION I think we are now to staff communications? Yeah. First -- we with 14(A), 14(B) is the veto question. I have the letter here but I didn't want to sign this without you guys authorizing it specifically. So would you describe it for us, someone? MR. FERNANDEZ: Madam Chairwoman, this is the request we received from the Florida Association of Counties to ask for the Governor to veto this bill. This bill has the effect of reducing the amount of state revenue sharing to the county by about 1.8 million dollars. The rationale that was used by some of the legislature is that this will be offset by the savings that the county will realize as a result of the reduction in the percentage for retirement for the employees. That amount after actuarial studies is being reduced this year. It's our contention that they have nothing to do with each other. For years the county has had to increase the amount that we've put in for employees for the retirement system. Now that there's a surplus in that fund, we feel that those funds are rightly returned back to the county, or at least we should enjoy the savings there. CHAIRWOMAN MAC'KIE: So the bad news is would be opposing the sunsetting of the intangible tax. COMMISSIONER CONSTANTINE: That's what I was going to ask. Setting aside of what it does to counties, the intent of the bill was what? MR. FERNANDEZ: To eliminate the intangibles tax, which is something the legislature saw as a priority. It's not an initiative the counties have taken up as a group. CHAIRWOMAN MAC'KIE: And in fact, the counties tried to get amendments to avoid what has in fact happened, but they failed. MR. FERNANDEZ: We attempted to ask for the counties to be held harmless in the process, so if the legislature wanted to reduce or eliminate the intangibles tax, they could do so, but not on the backs of the counties, please. CHAIRWOMAN MAC'KIE: And that's the nature now of the veto. You can see now why I wouldn't want to ask for the veto without your inspection and authorization. COMMISSIONER CONSTANTINE: I realize there could be some impact in Collier County but I'm not going to vote in favor of asking the Governor not to get rid of a tax. CHAIRWOMAN MAC'KIE: What's the economic -- what's the dollar impact to the county's budget if it were this year? MR. FERNANDEZ: 1.8 million. CHAIRWOMAN MAC'KIE: 1.87 MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: 1.8 million dollars. COMMISSIONER NORRIS: Let me ask, is the bill to completely eliminate the intangibles tax? COMMISSIONER CONSTANTINE: And when does it take effect? MR. FERNANDEZ: I believe it is. Is it, Mike, do you know? I think it is. To reduce -- COMMISSIONER NORRIS: The reduction of the rate? Page 96 May 25, 1999 MR. FERNANDEZ: You don't know? We're not sure. I think it is, but I can't be absolutely sure. COMMISSIONER NORRIS: Okay. It says in the first paragraph here on about the third page in, the Florida Association of Counties, it says regarding the reduction and the state's intangible tax, not elimination. CHAIRWOMAN MAC'KIE: In the FAC -- MR. FERNANDEZ: It says reduction, that's correct. COMMISSIONER NORRIS: Intangible tax, reduction of 265 million dollars. MR. FERNANDEZ: The material we've provided here has a county-by-county impact on the tax cut. In our case, under Collier County, I believe the amount is 1.8 million. CHAIRWOMAN MAC'KIE: The bottom line question for me is whether or not -- what's the net cost to Collier County taxpayers? Is it cheaper for them to pay an extra 1.8 million dollars in property taxes than to pay their proportionate share of intangibles tax? Because I think the intangibles tax has a real impact in this community, significant amount of intangibles taxes paid. I don't know if it's cheaper for our residents to pay property tax versus intangible tax. David? MR. WEIGEL: Like I say, to try to answer your question, raises, I think, another question and that is, that property owners that pay ad valorem taxes are one group. But then are the others who are not property owners who own intangibles who are subject to this tax. CHAIRWOMAN MAC'KIE: Yeah, I understand that. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: We do know from a comparison of median salary in this county compared to the state and median income in this county compared to the state that there's a greater percentage of the income in this county from other than salaries. CHAIRWOMAN MAC'KIE: Which would make it a significant intangibles tax. MR. FERNANDEZ: Significant intangibles tax, yes. COMMISSIONER CONSTANTINE: I think we need to be really careful voting to ask the Governor to do something when we can't answer all of those questions. CHAIRWOMAN MAC'KIE: Is there any interest, anybody who wants to support this proposition? COMMISSIONER BERRY: Well, I think that in Collier, it definitely has an impact on residents. Probably more so than on government. CHAIRWOMAN MAC'KIE: Yeah. COMMISSIONER BERRY: Okay? CHAIRWOMAN MAC'KIE: So I guess -- COMMISSIONER BERRY: But it still puts us -- the thinH I didn't like is kind of the reference to the Florida Retirement System. How they kind of work that into it, that you're HoinH to save on the retirement side so it's going to offset -- I think that's kind of sticky. MR. FERNANDEZ: We found that to be distasteful. COMMISSIONER BERRY: Yes. CHAIRWOMAN MAC'KIE: Okay. So if there's no support for that item, we don't need to take any action on it. Item #14C Page 97 May 25, 1999 DISCUSSION REGARDING THE DEFINITION LOBBYIST - DISCUSSED And we can go to 14(C), which is more complicated than it sounds, I'm afraid, guys. The definition of a lobbyist. Under our new ethics law, they need some legislative intent. That would be us. What did we mean when we said lobbyist? COMMISSIONER CONSTANTINE: Who is they? CHAIRWOMAN MAC'KIE: Who's they? The County Attorney's Office. MR. WEIGEL: Thank you, Madam Chairwoman and Commissioners. We also represent questions that are coming to our office from businessmen and attorneys in the community representing business persons, questioning whether either they or their clients should be registered as lobbyists under the recently enacted county ethics ordinance. And if I may, I'm going to have Ramiro assist me. He's going to pass out copies of the ordinance, which I know you know. But you will have it handy in case you want to have any reference. Probably starting at Page 4, where some of the definitions of lobbyists and other persons are listed. But briefly, I want to remind us that the ethics ordinance that we adopted really addresses two subjects: One had to do with gifts at the local level, and the concern that the commissioners have for commissioners and other reporting individuals in the acceptance and reporting of gifts from lobbyists. Particularly those persons who are reporting individuals have to report gifts and have limitations on acceptance of gifts as defined both locally under ordinance and of course also under state law. The second part of the ordinance had to do with registration of lobbyists, which is an informational tool to assist county reporting individuals and commissioners. There is a slight distinction that can be found between maybe the concept of lobbyists concerning gifts. Which we know that at the state level, a lobbyist is supposed to identify one's self as a lobbyist and if they purport to donate a gift to a reporting individual that they have tell the potential donee that the gift has a value of less than $100. That's at the state level. It's $50 under our local ordinance. So in the context of a lobbyist for registration, the questions that have come to us from outsiders is, well, we understand that a consultant, a paid petitioner, agent, an attorney, land use person, a planner, these persons are typically paid by the petitioner or landowner to come forward and address the board, both collectively at board meetings and meet with board members individually. And I will stress again, just for public information, I know the commissioners are aware, that a lobbyist is a lobbyist, whether they're talking to you collectively or individually. So when you take that kind of background here, then we have the question of what is a lobbyist. Is a lobbyist in the concept for county registration, merely going to be a person that is hired, like a consultant engineering firm -- and we could give examples -- will it be attorneys, several of which we know that come and appear before us and meet with commissioners individually, or would also include employees and owners of property and businesses. Now, within the ordinance itself, there is a limited exemption for kind of a small person property owner who comes in representing Page 98 May 25, 1999 him or herself. But if you have a situation with a large property owner, is that -- is the person that comes in either meets with the person individually or comes before the board, a lobbyist under the concept of what we have here and must be registered? One example we had, which I think is quite telling was an attorney said well, I'm representing my client. He's a developer. I come and speak with commissioners. My client comes along and is in the room with me with the commissioners. Although, I'm paid to represent this person, I'm a lobbyist under the county ordinance. What about this owner who's with me who will in fact answer questions, or arguably, he is lobbying just because his presence is in the room. CHAIRWOMAN MAC'KIE: Let me give you an example. Because sometimes it's easy and sometimes it's hard. If it's George Varnadoe bringing with him, please forgive me, but Steve Bigelow, on behalf of Waste Management trying to get their contract renewed, I think Steve Bigelow's a lobbyist. I think he's paid by Waste Management to be there on their behalf. COMMISSIONER CONSTANTINE: I don't know how anybody could even question that. I don't understand what the question is. Because he is a person who is compensated and seeks to influence governmental decision-making. That's going to benefit he and his company. So I don't know how that can even be a question. CHAIRWOMAN MAC'KIE: And likewise, you can continue to go down the spectrum. And I apologize for using people's names, the owner of the Vineyards, the owner of Quail something. COMMISSIONER CONSTANTINE: Again, I guess the difference between an individual owner is if some Joe Property Owner comes in here and is worried about the house on his property, he's not doing that for a profit as much as he's doing it to build his own home. If Joe Property Owner owns 100 acres and is looking to build multiple units for the purpose of making a profit -- CHAIRWOMAN MAC'KIE: He's a lobbyist. COMMISSIONER CONSTANTINE: -- there's a clear distinction there. Yeah, that's a lobbyist. I don't know how anyone could question that, any of those examples. I don't think it's a tough question at all. COMMISSIONER CARTER: They have a choice. I mean, they can send a land use lawyer to talk to us, or if they decide to accompany, then they register and pay a fee. It seems simple to me. CHAIRWOMAN MAC'KIE: But then let me just tell you examples I gave. So it comes down to it's Joe Blow who owns the oil change shop who needs to come in for a two-foot variance on the setback. Joe Blow owns the oil change shop 100 percent. Is he a lobbyist? MR. WEIGEL: Okay. I'll respond in two ways. If he were giving you a gift under $50, which you legally could accept, although you obviously voluntarily don't have to, would you consider him a lobbyist? CHAIRWOMAN MAC'KIE: Yes. Clearly. He's coming to me and wanting me to -- here's my bouquet of flowers, hoping that I'm his friend so that I will vote for his two-foot variance on the setback. COMMISSIONER CONSTANTINE: I'll tell you, that woman up to Lakeside, they gave me brownies last year. CHAIRWOMAN MAC'KIE: See. See. COMMISSIONER CONSTANTINE: I'm going to let that one go. MR. MANALICH: Madam Chairman, if I might. For the record, Ramiro Manalich, Assistant County Attorney. Page 99 May 25, 1999 I think the real crux of the question is, was it ever the legislative intent to craft some type of distinction between the definition of lobbyist for gift versus registration of, more specifically that for purposes of registration, that you would only treat someone as a lobbyists if they were compensated specifically for lobbying. With regard to both the mom and pop business or, for example, the large landowner that has an attorney representing him, in either of those cases, it could be argued either way on that, in the sense that the mom and pop business owners that come in for a variance on their business, incidentally are being paid by the business to appear there and make a presentation. However, it is doubtful they will ever realize that they -- they probably won't think of themselves as lobbyists. This does extend quite broadly. Likewise, the larger land owner that has the attorney registered as a lobbyist on his behalf or her behalf may think, well, I have a designated lobbyist, I'm paid to run the business, I'm not paid to influence the commission. COMMISSIONER CONSTANTINE: Then they shouldn't come here and try to influence the commission. I guess it was just 15 minutes ago we voted 4 to 1 on a court issue with the idea being people should take responsibility for their own actions. And here I think we've laid out a very clear definition of what a lobbyist is. And those people who come and see us ought to take the responsibility for doing that. If it were me, I would rather be on the safe side, I'd go ahead and pony up the 25 bucks and register. If someone opts not to and find themselves in trouble later, well, the law is readily available to them and they have the option dealing with that. But I would certainly error on the side of caution and encourage others to do the same. COMMISSIONER CARTER: I think you're right, Commissioner. I agree. Any business that's coming here to lobby, whether it's an owner or whatever it is, they are paid by that business, they are here for a purpose. It is a lobbyist. Write your check. Fill out your form and do it. If you are coming here because you own a piece of land and you are building a house and somebody goofed up, that's not a lobbyist. I mean, that's where I have to draw the line. CHAIRWOMAN MAC'KIE: But more than that, you're a lobbyist. If you're a real estate developer for profit, you're a lobbyist, whether you have a lawyer or not. COMMISSIONER NORRIS: Well, I think what the county attorney was looking for was to where specifically do we want to draw the line. Commissioner Carter says a guy comes in with his own piece of property is not a lobbyist. But I think where is the distinction? I mean, you're talking size. COMMISSIONER CONSTANTINE: I think you're talking use. Personal use. If I have two and a half acres that I want to put a home on, and as you said, you made a mistake and I need to get a variance or whatever the deal is, that's personal use versus if I'm diwying that up and selling it to five different people. COMMISSIONER NORRIS: If I want to go out to the Estates and buy an estate lot and get a -- that's probably not a good example. But if I want to buy a piece of property and build a home and sell that home, I'm a lobbyist? COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: Uh-uh. Page 100 May 25, 1999 COMMISSIONER NORRIS: What about if I wanted to get a bigger piece of property and build five homes on it, am I a lobbyist? COMMISSIONER BERRY: Yep. COMMISSIONER NORRIS: Where's the distinction? One's not, five is. What's the number? COMMISSIONER CARTER: I think it goes back to personal use, Commissioner. If I buy one piece of property and I'm building a house on it for resale as a builder, then I'm a lobbyist. But if I'm building it for my personal use, then that's where I draw the line. COMMISSIONER CONSTANTINE: If the property is owned by Joe Blow, Incorporated, instead of by Joe Blow, the individual, then I think that's your answer there, if you are doing it specifically for profit. But again, on those close ones, that comes down to the responsibility of the individual, to make sure -- COMMISSIONER NORRIS: I'm not trying to get this out of the context of accepting gifts. Because that's not what I'm trying to say. I'm trying to say, are we willing to declare somebody a lobbyist who owns his own property and wants to come in and talk to us about a variance or something like that? Is he a lobbyist? No, he's not a lobbyist. CHAIRWOMAN MAC'KIE: I think he is if he's a real estate developer and he's in the business of making money off that piece of land, he's a lobbyist. COMMISSIONER CONSTANTINE: If he's trying to influence us and make money off that choice, yes. MR. MANALICH: The only for exemption we have right now in the ordinance would be for a representative of neighborhood association, we've talked about before, and then for any person who only appears in his or her individual capacity for the purpose of self-representation without compensation or reimbursement, direct or indirect. CHAIRWOMAN MAC'KIE: Direct or indirect? MR. MANALICH: Correct. CHAIRWOMAN MAC'KIE: And that's the point. MR. MANALICH: Now, the only thing I was saying to you all was we wanted to make sure you understood the breadth of what this covered. Because when it says direct or indirect, there will be a lot of mom and pop businesses that might come in for a commercial business variance or a number of these developers that even if they hire attorneys, that would still be covered by this potentially by the fact that it says indirect. I mean, I would assume in both those cases the response that they would argue to you is, look, I was not being paid specifically to lobby. I was being paid to run the business. That's just incidental. CHAIRWOMAN MAC'KIE: I think I've come up with an example, whose name that I'm willing to use. My friend Susan Watts is now running the Bonita Bay Properties in some capacity. She's a lobbyist, if she comes to talk to me about a potential issue or to this board about county business. She's a lobbyist. Is that clear? You know, and the people -- if she owned Bonita Bay and she came and talked to me about some project in Collier County, she'd be a lobbyist. Do we agree? COMMISSIONER NORRIS: Okay, but here's my concern -- another aspect of the concern. You've got a guy that wants to build a single house for resale and you're going to make him go over and register and pay his 25 bucks just to come and talk to us. COMMISSIONER CONSTANTINE: Not if he's building his house as Joe Individual. If he's building it as a corporation -- Page 101 May 25, 1999 COMMISSIONER NORRIS: Wait a minute. We just went through this and said that if he's building it for resale, he's a lobbyist. CHAIRWOMAN MAC'KIE: If they're American Dream Homes or somebody who is out there and they build them one at a time, and they sell them one at a time, yeah. COMMISSIONER NORRIS: I'm not talking about American Dream Homes, I'm talking about one guy -- COMMISSIONER BERRY: You're talking about John Norris comes in and he's purchased a lot and he's going to build a home and actually his intent is he's going to turn around and sell it. COMMISSIONER NORRIS: Right. COMMISSIONER BERRY: He's building a spec house, in other words. COMMISSIONER NORRIS: Are you going to make me go over and sign as a lobbyist? COMMISSIONER CONSTANTINE: No, I don't think we're suggesting that. I think what I said before was if that's a corporate -- my interpretation would be if that's a corporation building that, I would think that that individual, if it's John Norris, Incorporated, building it for resale, then that's different than John Norris the individual building and then choosing to do what ever he wants with it. CHAIRWOMAN MAC'KIE: And also -- COMMISSIONER NORRIS: My stated purpose is to resell it. CHAIRWOMAN MAC'KIE: That's why I want to come back to Commissioner Constantine's personal responsibility point, that it's not our job. If they want to hire a lawyer and ask him to interpret whether or not I have to pay him this $25, that's their business, or they can exercise their own prudence and decide whether if they should pay the 25 bucks or not. I would pay my 25 bucks. COMMISSIONER NORRIS: Well, I guess since I -- since we all know very clearly in our minds who's a lobbyist and who's not, what do we really accomplish my setting up the registration system. COMMISSIONER CONSTANTINE: So the public knows who's a lobbyist and who isn't. And so that our definition, the one we've set here, is different than what some of those people who try to influence us perceive to be a lobbyist. Some of them up until we did this, generally didn't consider themselves to be lobbyists even though they were clearly paid to try to influence us. COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: We've given you enough legislative intent. MR. WEIGEL: You have done exactly what we are looking for, was a clarification of the legislative intent. I think what I'm going to do is get a video copy of this and sell it for $25. COMMISSIONER CARTER: Just be sure to fill out your form. MR. WEIGEL: Thank you very much. Item #15A TO RESPOND TO THREE ISSUES THAT WERE RAISED BY THE CHAIRWOMAN DURING THE PRESENTATION OF THE 1998 COMPREHENSIVE ANNUAL FINANCIAL REPORT BY THE FINANCE AND ACCOUNTING DEPARTMENT AND KPMG, LLP, ON TUESDAY, APRIL 13, 1999 - INFORMATIONAL ITEM ONLY CHAIRWOMAN MAC'KIE: We can move on to Board of County Commissioners communications we had on 15(A). There was a very good Page 102 May 25, 1999 response to some of the questions that I had asked at -- when we were getting our CAFR that I thought speaks for itself, unless there's somebody who needs to tell us about it. But it was very enlightening about what money goes where and from whence it comes, I thought. So it is there for information purposes unless anybody needs to discuss it. Item #15B DISCUSSION REGARDING BURN BAN - FURTHER INFORMATION WILL BE FORTHCOMING AS IT IS RECEIVED If not, then we can go to 15(B) which is the burn ban. Commissioner Berry? COMMISSIONER BERRY: Yes. Mr. Weigel, you -- he and I had had some conversation over this. Actually, this request came from the Division of Forestry. So Mr. Weigel. MR. WEIGEL: Okay, thank you. We checked up the totem pole. Ms. Berry received a call from the local representative of the Division of Forestry indicating that it wasn't necessary for us to have the local ban. We checked with the Governor's office a couple of different ways and also talked with the Division of Forestry at the higher level and it appears that the Governor himself has not changed the executive order which is the operative document under which our ordinance operates. It's my thought that we may probably want to revisit this at least in the discussion way, two weeks from now that the -- that this is not an attempt at this moment to indicate or inform the public that the executive order that Governor Bush put in place has been rescinded yet for Collier County. But we'll continue to check that. But our ordinance works automatically that upon the rescission or deletion of Collier County from a burn area or the order itself, that it takes no action of the board for it therefore to be no longer a restriction here in the county. This is just a public service to try to use this forum to indicate when there's a change in status. But it appears that it hasn't occurred at the Tallahassee level yet. CHAIRWOMAN MAC'KIE: We'll stay tuned. Thank you, Commissioner Berry, for bringing it up. I know that we will get more information as it becomes available. MR. WEIGEL: Madam Chairwoman, pardon me, I don't want to get in front of another commissioner if they have an item. But there is a possible revisit item under our regular active agenda today that I wanted to bring to the board's attention. CHAIRWOMAN MAC'KIE: Okay. MR. WEIGEL: Thank you. And that's Item 17(C) which shows on the summary agenda as continued indefinitely. We've learned from the petitioner during the course of the meeting today that their request, at least as we understand it now, is to continue to the second June meeting, which I believe is June 22nd. CHAIRWOMAN MAC'KIE: Gosh, we're not going to have enough to do that day, anyway. MR. WEIGEL: Right. COMMISSIONER CONSTANTINE: What is 17(C)? CHAIRWOMAN MAC'KIE: It's Bruce Anderson of PUD to PUD amendment to Collier County Tract 21 formerly known as Beach Way PUD. Page 103 May 25, 1999 MR. WEIGEL: It would take a reconsideration of the majority, I think, was the 5-0 vote on the summary agenda and then a motion to continue it for the period to June 22nd. If you'd care to entertain that. CHAIRWOMAN MAC'KIE: Was the request at the time it was initially made for an indefinite continuance, or was that just a typo on our part? MR. WEIGEL: I do not know. COMMISSIONER NORRIS: But June 22nd we'll be a member short. Super majority items shouldn't be heard on June 22nd. COMMISSIONER CONSTANTINE: The petitioner has that option if they want to opt out. CHAIRWOMAN MAC'KIE: Is there anybody that wants to move to consider the continuance that we voted on originally? COMMISSIONER CONSTANTINE: If it's been continued indefinitely. I don't understand the requirement. If that could come back in two weeks from now, that could come back two months from now, that could come back a year from now. MR. WEIGEL: Well, it can't come back unless it's re-advertised. COMMISSIONER CONSTANTINE: I know. I don't understand why you're requesting this action. CHAIRWOMAN MAC'KIE: Is it to save the money on the re-ad? MR. WEIGEL: The information that came to me during the course of the meetings with the petitioner, said no, we don't want to continue it indefinitely, we want to continued until June 22nd. CHAIRWOMAN MAC'KIE: He should have caught that before. COMMISSIONER CONSTANTINE: Is there anything that prohibits you from interpreting indefinitely and beginning it back after June 22nd? MR. WEIGEL: Absolutely, it cannot come back unless it -- unless you continue it to a specific date within our five-week window. It would have to be re-advertised, which they could do too and still meet the June 22nd if they want to go forward with one member short. CHAIRWOMAN MAC'KIE: It's the question of the cost of the re-advertising. MR. WEIGEL: Yeah, that's it. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Any interest? COMMISSIONER NORRIS: with a four-member board. To whom? To the petitioner. I think it's up to them if they want to go COMMISSIONER BERRY: By the way, are we responsible for notifying all the people for that June 22nd meeting? I mean, I know this was brought up just maybe a month or couple months ago, letting them know that we're only going to have four members of the board present. So do we need to contact all of those people. MR. WEIGEL: It's just a courtesy or directive of the board to do SO. CHAIRWOMAN MAC'KIE: It seems to me, how tough is that? It's 10 phone calls for somebody in Mr. Cautero's office to be sure that they know. Especially now that they know that we will have a full board on the 8th and we'll have a four-member board on the 22nd. COMMISSIONER CONSTANTINE: It doesn't prohibit them from having their item heard. COMMISSIONER BERRY: It's just a courtesy call to just tell them. Let's make that as a motion. Page 104 May 25, 1999 CHAIRWOMAN MAC'KIE: Do you need that, Mr. Fernandez, or can you just do that? MR. FERNANDEZ: We can just do it. CHAIRWOMAN MAC'KIE: Anything else under communication from you? MR. WEIGEL: Not at all. But the 17(C) then is just continued indefinitely as status quo. CHAIRWOMAN MAC'KIE: Mr. Fernandez, anything under communications from you? MR. FERNANDEZ: I have nothing. Thank you. CHAIRWOMAN MAC'KIE: Ms. Berry, anything else? COMMISSIONER BERRY: Nothing. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: I was going to bring up the super majority issue for the Sth, but we're going to have a full board. CHAIRWOMAN MAC'KIE: On the 8th, we will. Anything from you Commissioner Carter, communication? COMMISSIONER CARTER: As we stated earlier, I will circulate the list of management abilities for all the commissioners to review. And once you make some determinations on that, I'd be happy to get that all together and correlate it and get it back to everybody and step that process forward. CHAIRWOMAN MAC'KIE: I had discussed that also with Mr. Fernandez. Do you think it would be appropriate to work with him to bring those back or is it something -- if you do, I had asked him to develop some kind of an action plan as a first draft for us to get started on. COMMISSIONER CARTER: I think our first step would be to take a look at the abilities, and say that we all are in agreement, this is -- these -- we're really just bringing it down to the top 10 that's absolutely critical. The next 10 are good to know. And the last 10 are okay. They're all important. But we give him some direction on those. And then once we're in agreement on that, we take it to him and say, this is kind of an action plan. Begin to set the standard of performance against those. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER CARTER: we make here. CHAIRWOMAN MAC'KIE: Anything else? Does that sound good? Sounds good to me. If the board wishes that, I'll do that. Free consulting by Dr. Carter. Wait until we get our bill on it. That's because of the high amount of money The big bucks. Commissioner Constantine? COMMISSIONER CONSTANTINE: In our last -- I think it was our last regular scheduled meeting, the board had given me the green light to go ahead and work with staff on talking to Avatar folks about that seven and a half acres adjacent to the Golden Gate Community Center. We had a little sit down last week and they are very much open to negotiation. They had a price on there that they even acknowledged is appropriate. So our staff has done an in-house appraisal on that and we're going to tinker with that number a little bit. But send them over a range that we think is appropriate and see what the response is. As long as that's okay with the board. And then I'll bring that back to you. Whatever their response is back to you as soon as we have it. CHAIRWOMAN MAC'KIE: So before it's a full offer. Page 105 May 25, 1999 COMMISSIONER CONSTANTINE: Yes. CHAIRWOMAN MAC'KIE: Sounds great. I don't have anything else under communication. Anything else? MR. FERNANDEZ: Madam Chair, just to clarify the point about the notification of those petitioners that may be subject to a super majority vote, is it the board's intent that we go through the agenda for the week of 22nd and notify all of those on the agenda that require that super majority vote? CHAIRWOMAN MAC'KIE: My intent would be that we first of all tell the people on the 8th that they don't have to worry. Because they thought we were going to have a four-member board. And that we tell the people on the 22nd that they do have that concern to make a decision about. COMMISSIONER CONSTANTINE: Make it clear to them they can -- usually 75 percent of those are non-controversial anyways so it shouldn't make any difference to them. But if someone has an item they're unsure about, we should give them that option. CHAIRWOMAN MAC'KIE: Anything further? If not, we're adjourned. ***** Commissioner Carter moved, seconded by Commissioner Norris and carried unanimously, that the following items under the Consent and Summary Agenda be Approved and/or Adopted with changes ***** Item #16A1 - Withdrawn RE A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY LARRY P. BASIK AND ANITA L. BASIK IN KINGS LAKE IN THE AMOUNT OF $6,799.52 WHICH WILL BE PAID THROUGH (S.H.I.P.) REVENUE FUNDS Item #16A2 RESOLUTION 99-237 RE AN INTERLOCAL AGREEMENT FOR THE CREATION OF THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION Page 106 2506604 OR: 2571 PG: 2659 JLICORDID ill OIllClAL RBCORDS o[ COLLIIR C0UliH, IL 07/19/1999 at 09:12AK I)VlGI~ B. BBOCL CLBRK CLBRK ?0 ?HB BOARD IN?BROFHCB &?H [LQOR BlT 7240 BiO FB! 51.00 COPIBS ll.00 MAY 2 5 1999 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE COLLmR CO TY M XROPOUT OR SmZATION 1999, by and between thc FLORIDA DEPARTMENT OF TRANSPORTATION; COLLIER COUNTY; thc CITY OF MARCO ISLAND; AND THE CITY OF NAPLES. WHEREAS, statutes require the creation of metropolitan planning organizations to develop transportation plans and programs for urbanized areas as a condition to the receipt of federal capital or operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs reflecting consideration of the likely effect of transportation policy decisions on land use and development and the consistency of transportation plans and programs with the provisions of all applicable short and long term land use and development plans; and WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in thc performance of such a transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other intermodal facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, pursuant to statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population in thc metropolitan area to designate a metropolitan planning organization; and WHEREAS, pursuant to statutes and by letter dated October 28, 1998 to Mr. Timothy J. Constantine, Chairperson, Naples (Collier County) Metropolitan Planning Organization, the Governor has agreed to the revised membership reapportionment plan of the MPO as set forth in this Agreement; and WHEREAS, pursuant to statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS.'. DEFINITIONS Section 1.01. R~ital~. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. OR: HAY 2 5 1999 2571 PG: 2660 Page 2 of 11 Section 1.02. ~. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: "Agreement" means and refers to this instrument, as amended from time to time. "Department"means and refers to the Florida Department of Transportation, an agency of the State of Florida. "FHWA' means and refers to the Federal Highway Administration. 'FTA" means and refers to the Federal Transit Administration. 'Long Range Transportation Plan (LRTP)" is the 20-year plan which: identifies transportation facilities; includes a financial plan .that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by applicable statutes. "Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in the statutes. "MPO" means and refers to the metropolitan planning organization formed pursuant to this Agreement. "Statutes" mean and refer to state and federal statutes, rules, regulations, including but not limited to, Tires 23 and 49 United States Code and Chapters 112, 119, 163, 215,287, and 339, Florida Statutes, as amended. "Transportation Improvement Program (TIP)" is the transportation document which includes the following components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehensive plans adopted pursuant to statutes; and an indication of how improvements are consistent, to the maximum extent feasible, with affected seaport and airport master plans and with public transit development plans of the units of local government located within the boundaries of the MPO, all as required by statutes. 'Unified Planning Work Program (UPWP)" is the annual plan developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by statutes. NAY 2 5 1999 OR: 2571 PG: 2661 Page3 ofll ARTICLE 2 Section 2.01. General Pu .rpose. The purpose of this Agreement is to establish the MPO: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation- related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as a multi-modal and as an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to applicable statutes; (e) To carry out the metropolitan transportation planning process in cooperation with the Department, as required by and consistent with, applicable statutes. Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation-related plans and programs, including but not limited to: (a) Long Range Transportation Plan; Co) Transportation Improvement Program; (c) Unified Planning Work Program; (d) Congestion Management System for the metropolitan area as required by statutes; (e) Assisting the Department in mapping transportation planning boundaries required by statutes; (0 Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and HAY 2 5 1999 OR: 257! 2662 Page 4 of 11 (g) Performing such other tasks presently or hereafter as required by statutes. Section 2.03. MPO decisions coordinated with FDOT and consistent with comprehensive plans. The statutes grant the broad authority for the Department's role in transportation and show the legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State, require the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans and specify the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by the statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, referenced in state statutes are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning processes and planning integrity of local governments as set forth in state law shall not be infringed upon. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the membership reapportionment plan approved by the Governor is hereby created and established pursuant to this Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan planning organization shall be the Collier County Metropolitan Planning Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is required under applicable law to enable the parties to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe, assume or carry out any of the provisions of this Agreement, said parties will initiate and consummate, as provided by law, all actions necessary with respect to any such matters as required. Section 3.03. Governing board to act as policy-making body of MPO. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body that is the forum responsible for cooperative decision-making and will be taking the required approval actions as the MPO. Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan ~A¥ 2 5 '1999 OR: 2571 PG: 2663 Page 5 of 11 planning organization as requested. Charges for reproduction of public records to be in accordance with said statute. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHWA, and FTA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Com_tmsifion and membership of governing board. (a) The membership of the MPO shall consist of eight (8) voting representatives and one (1) non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Collier County Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting members; the City of Marco Island, one (1) voting member; and the Florida Department of Transportation, one (1) non-voting (ex-officio) member. (la) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutofily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than one- third of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four (4) year terms. ARTICLE 5 ALITHORITIF-q, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority.. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations HAY 2 5 1999 OR: 2571 PG: 2664 Page 6 of 11 necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in the statutes. Section 5.02. Specific authority and powers. The MPO shall have the following powers and authority as provided by statutes: (a) The MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; Co) public agencies; The MPO may enter into contracts for the performance of service functions of (c) The MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) The MPO may accept funds, grants, assistance, gifts or bequests from local, state, and federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (0 The MPO shall have such powers and authority as specifically provided by thc statutes. Section 5.03. Duties and responsibilities. The MPO shall have thc following duties and responsibilities as provided by statutes: (a) The MPO shall create and appoint a technical advisory committee; Co) The MPO shall create and appoint a citizens' advisory committee; (c) The MPO membership shall be jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, thc approval of settlements of claims by its governing board; (d) The MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area. HAY 2 5 1999 OR: 257! ?G: 2665 Page 7 of 11 (f) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by statutes, and specifically shall: (1) Prepare the Long-Range Transportation Plan; (2) Prepare the Transportation Improvement Program; (3) Prepare and annually update the Unified Planning Work Program; (4) Prepare a Congestion Management System for the metropolitan area; (5) Assist in mapping of transportation planning boundaries required by statutes; (6) Assist in performing its duties relating to access management, functional classification of roads, and data collection; (7) Perform such other tasks presently or hereafter required by statutes; (8) Execute certifications and agreements necessary to comply with statutes; and (9) statutes. Adopt operating roles and procedures in accordance with applicable ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Eaadiag. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of state transportation planning funds. Section 6.02. Inventory. report. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of all applicable statutes. Section 6.03. Record-keening and document retention. The Department and the MPO shall prepare and retain all records in accordance with the requirements of all applicable statutory requirements. HAY 2 5 1999 2571 PG: 2666 Page 8 of 11 ARTICLE 7 1VIISCELLANEOUS PROVISION Section 7.01 Constitutional or statutory, duties and responsibilities of _turtles. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which ease this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) Duration. This Agreement shall have a term of five (5) years. At the end of the five (5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms hereof and agree to amend provisions or reaffirm the same, otherwise it will be automatically renewed. (la) Withdrawal procedure. Any party, except Collier County and/or the City of Naples and the United States Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall enter into an agreement reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The agreement shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and MPO rules for appropriate revision. In the event that another entity is to be accorded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to statutes, adding membership to the MPO does not automatically require redesignafion of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage HAY 2 5 1999 OR: 257! ?G: 2667 prepaid, return receipt requested. Page 9 of 11 Notice required to be given shall be addressed as follows: Board of County Commission Chairperson Collier County Board of County Commission 3301 East Tamiami Trail Naples, Florida 34112 b) City Manager City of Naples 735 Eighth Street, South Naples, Florida 34102-6796 c) City Manager City of Marco Island 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145 d) District Secretary Florida Department of Transportation District One 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33831-1249 A tnu'ty may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Parties not Obligated to Third Parties. liable hereunder to any party not a signatory to this Agreement. party beneficiaries to this Agreement. No party hereto shall be obligated or There are no express or intended third Section 7.06. S~ate or Territorial Law. Unless required by Federal law, nothing in this Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto may proceed as soon as possible with its responsibilities hereunder. Section 7.07. (a) Drafters of Agreement. The Department and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the 5, 1999 OR: 2571 2668 Page 10 of 11 drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. (b) ~l/il~. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, ail of which shall remain in full force and effect, provided that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) (2) (3) The singular of any word or term includes the plural; The masculine gender includes the feminine gender; and The word 'shall" is mandatory, and ~may' is permissive. Section 7.08. Enforcement by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceedings. Section 7.09. Agreement execution; Use of counterpart signature _noges. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.10. Effective date; Cost of recordation. (a) ~. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. (b) ]l~?,fll:l;lal;k~ The Collier County Metropolitan Planning Organization hereby agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. Section 7.11. Previous Agreement Su_nerseded. Upon execution by all parties, and recording of this Agreement, it shall supersede the Interlocal Agreement between the parties dated ,t/,~t & ! qq_ . *** 0R: 2571 PG: 2669 *** Page l I of l 1 MAY 2 5 1999 IN WITNF, SS WHEREOF, the undersigned parties have caused this Interlocal A executed in their behalf and hereby establish the above designated MPO, this , 1999. BOARD OF COUNTY COMMISSIONERS ,gr~t t~e duly County A'ff~ney ¢~) ' App, roved as to form and legality ' ,' .,, '- ' CIT~RCQ. ISLAND, FLORIDA .~! '..!;-,_. '. . . '~. ~.-' .:' t~IrYOR~ App. roved as to form an~ legali.~ k: ': 1, "i,'; :',,~,:,' ' ATTEST: (SEAL) ~ ~~. ~ ':"'"'";:~:" "" ': ' ' ~"~ttorney ~'., .-~.~,~, '.'.',,-ii~..,,.~ :::, ~A ~ ---, -- ~ ' 7 :i', ', ,"~i ' ", · '--~ ;' ',: ',~' APRIL 1999 RESOLUTION NO. 99- 37 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO ENTER INTO AN INTERLOCAL AGREEMENT FOR THE CREATION OF THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION, AND AUTHORIZING THE CHAIRWOMAN TO EXECUTE THE AGREEMENT. Whereas, the incorporation of the City of Marco Island has created a need to amend the composition of the Collier County Metropolitan Planning Organization to include a representative of the City of Marco Island as a voting member; and Whereas, the Governor of the State of Florida approved a revised membership plan for the Metropolitan Planning Organization to include the City of Marco Island on October 28, 1998; and Whereas, the Florida Department of Transportation has asked that the Board of County Commissioners, the City of Marco Island, and the City of Naples approve the State of Florida, Department of Transportation, Interlocal Agreement for the Creation of the Collier County Metropolitan Planning Organization (hereinatter referred to as the "AGREEMENT"); NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that: The Collier County Board of County Commissioners is authorized to enter into the AGREEMENT. The Chairwoman of the Collier County Board of County Commissioners is authorized to execute the AGREEMENT. DULY PASSED AND ADOPTED THIS D~ClGHT E. BR~B~K, CLERK LEG~ S~FI~IENCY: David C'.. weigel, County Attor~ DAY OF, itPtxi ,1999 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: p AME~O~MAN ?. .4999 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMF~NT FOR CREATION OF THE COLLIER COUNTY METROPOLITAN PLANNING ORGANIZATION THIS INTERLOCAL AGREEMENT is made and entered into this ~~ day of ff'Y.~q , 1999, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; COLLIER CO~y; the CITY OF MARCO ISLAND; AND THE CITY OF NAPLES. WITNESSETH WHEREAS, statutes require the creation of metropolitan planning organizations to develop transportation plans and programs for urbanized areas as a condition to the receipt of federal capital or operating assistance, and that each metropolitan area has a continuing, cooperative, and comprehensive transportation planning process that results in plans and programs reflecting consideration of the likely effect of transportation policy decisions on land use and development and the consistency of transportation plans and programs with the provisions of all applicable short and long term land use and development plans; and WHEREAS, the parties to this Interlocal Agreement desire to participate cooperatively in the performance of such a transportation planning process to assure that highway facilities, mass transit, rail systems, air transportation and other intermodal facilities will be properly located and developed in relation to the overall plan of community development; and WHEREAS, pursuant to statutes, a determination has been made by the Governor and units of general purpose local government representing at least 75% of the affected population in the metropolitan area to designate a metropolitan planning organization; and WHEREAS, pursuant to statutes and by letter dated October 28, 1998 to Mr. Timothy J. Constantine, Chairperson, Naples (Collier County) Metropolitan Planning Organization, the Governor has agreed to the revised membership reapportionment plan of the MPO as set forth in this Agreement; and WHEREAS, pursuant to statutes, an interlocal agreement must be entered into by the Department and the governmental entities designated by the Governor for membership on the MPO; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties desiring to be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. R~itals. Each and all of the foregoing recitals are incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. 1999 Page 2 of 11 Section 1.02. ~. The following words when used in this Agreement (unless the context shall clearly indicate the contrary) shall have the following meanings: ~Agreement' means and refers to this instrument, as amended from time to time. ~Department"means and refers to the Florida Department of Transportation, an agency of the State of Florida. ~ FHWA" means and refers to the Federal Highway Administration. ~FTA" means and refers to the Federal Transit Administration. ~Long Range Transportation Plan (LRTP)" is the 20-year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capital improvements necessary to preserve the existing metropolitan transportation system and make efficient use of existing transportation facilities, indicates proposed transportation enhancement activities; and in ozone/carbon monoxide nonattainment areas is coordinated with the State Implementation Plan, all as required by applicable statutes. "Metropolitan Area" means and refers to the planning area as delineated by the MPO for the urbanized area containing at least a population of 50,000 as described in the statutes. ~MPO' means and refers to the metropolitan planning organization formed pursuant to this Agreement. ~Statutes~ mean and refer to state and federal statutes, rules, regulations, including but not limited to, Tires 23 and 49 United States Code and Chapters 112, 119, 163, 215, 287, and 339, Florida Statutes, as amended. 'Transportation Improvement Program (TIP)" is the transportation document which includes the following components: a priority list of projects and project phases; a list of projects proposed for funding; a financial plan demonstrating how the TIP can be implemented; a listing of group projects; an indication of whether the projects and project phases are consistent with applicable local government comprehensive plans adopted pursuant to statutes; and an indication of how improvements are consistent, to the maximum extent feasible, with affected seaport and airport master plans and with public transit development plans of the units of local government located within the boundaries of the MPO, all as required by statutes. ~Unified Planning Work Program (UPWP)' is the annual plan developed in cooperation with the Department and public transportation providers, that lists all planning tasks to be undertaken during a program year, together with a complete description thereof and an estimated budget, all as required by statutes. MAY: 5 lgg, Page 3 of 11 ARTICLE 2 Section 2.01. General Pu _rpose. The purpose of this Agreement is to establish the MPO: (a) To assist in the development of transportation systems embracing various modes of transportation in a manner that will maximize the mobility of people and goods within and through this metropolitan area of this state and minimize, to the maximum extent feasible for transportation- related fuel consumption and air pollution; (b) To develop transportation plans and programs, in cooperation with the Department, which plans and programs provide for the development of transportation facilities that will function as a multi-modal and as an intermodal transportation system for the metropolitan area; (c) To implement and ensure a continuing, cooperative, and comprehensive transportation planning process that results in coordinated plans and programs consistent with the comprehensively planned development of this affected metropolitan area in cooperation with the Department; (d) To assure eligibility for the receipt of Federal capital and operating assistance pursuant to applicable statutes; (e) To carry out the metropolitan transportation planning process in cooperation with the Department, as required by and consistent with, applicable statutes. Section 2.02. Major MPO Responsibilities. The MPO is intended to be a forum for cooperative decision making by officials of the governmental entities which are party to this Agreement in the development of transportation-related plans and programs, including but not limited to: (a) Long Range Transportation Plan; (b) Transportation Improvement Program; (c) Unified Planning Work Program; (d) Congestion Management System for the metropolitan area as required by statutes; Assisting the Department in mapping transportation planning boundaries required by statutes; (f) Assisting the Department in performing its duties relating to access management, functional classification of roads, and data collection; and HAY 5 1999 Page 4 of 11 (g) Performing such other tasks presently or hereafter as required by statutes. Section 2.03. lVl'PO decisions coordinated with FDOT and consistent with comprehensive plans. The statutes grant the broad authority for the Department's role in transportation and show the legislative intent that the Department shall be responsible for coordinating the planning of a safe, viable and balanced state transportation system serving all regions of the State, require the Department to develop a statewide transportation plan, which considers, to the maximum extent feasible, strategic regional policy plans, MPO plans, and approved local government comprehensive plans and specify the authority and responsibility of the MPO and the Department in the management of a continuing, cooperative, and comprehensive transportation planning process for the metropolitan area. In fulfillment of this purpose and in the exercise of the various powers granted by the statutes, the Department and all parties to this Agreement acknowledge that the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, referenced in state statutes are applicable to this Agreement. The parties to this Agreement shall take particular care that the planning processes and planning integrity of local governments as set forth in state law shall not be infringed upon. ARTICLE 3 MPO ORGANIZATION AND CREATION Section 3.01. Establishment of MPO. The MPO for the metropolitan area as described in the membership reapportionment plan approved by the Governor is hereby created and established pursuant to this Agreement to carry out the purposes and functions set forth in Articles 2 and 5. The legal name of this metropolitan planning organization shall be the Collier County Metropolitan Planning Organization. Section 3.02. MPO to operate pursuant to law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is required under applicable law to enable the parties to enter into this Agreement or to undertake the provisions set forth hereunder, or to observe, assume or carry out any of the provisions of this Agreement, said parties will initiate and consummate, as provided by law, all actions necessary with respect to any such matters as required. Section 3.03. Governing board to act as policy-making body of MPO. The governing board established pursuant to Section 4.01 of this Agreement shall be the policy-making body that is the forum responsible for cooperative decision-making and will be taking the required approval actions as the MPO. Section 3.04. Submission of proceedings; Contracts and other documents. Subject to the right to claim an exemption from the Florida Public Records Law, the parties shall submit to each other such data, reports, records, contracts, and other documents relating to its performance as a metropolitan MAY 1999 Page 5 of 11 planning organization as requested. Charges for reproduction of public records to be in accordance with said statute. Section 3.05. Rights of review. All parties to this Agreement, and the affected Federal funding agency (i.e., FHWA, and FTA) shall have the rights of technical review and comment of MPO projects. ARTICLE 4 COMPOSITION; MEMBERSHIP; TERMS OF OFFICE Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of eight (8) voting representatives and one (1) non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Collier County Board of County Commissioners, five (5) voting members; the City of Naples, two (2) voting members; the City of Marco Island, one (1) voting member; and the Florida Department of Transportation, one (1) non-voting (ex-officio) member. (b) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board or an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. (c) In no event shall the county commission representatives constitute less than one- third of the total number of representatives on the MPO. (d) In the event that a governmental entity that is a member of the MPO fails to fill an assigned appointment to the MPO within sixty (60) days after notification by the Governor of its duty to appoint a representative, that appointment shall be made by the Governor from the eligible individuals of that governmental entity. Section 4.02. Terms The term of office of members of the MPO shall be four (4) years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four (4) year terms. ARTICLE 5 ~UTHORITIES, POWERS, DUTIES AND RESPONSIBILITIES Section 5.01. General authority. The MPO shall have all authorities, powers and duties, enjoy all rights, privileges, and immunities, exercise all responsibilities and perform all obligations Page 6 of 11 necessary or appropriate to managing a continuing, cooperative, and comprehensive transportation planning process as specified in the statutes. Section 5.02. Specific authority and powers. authority as provided by statutes: The MPO shall have the following powers and (a) The MPO may employ personnel and/or may enter into contracts with local or state agencies and private planning or engineering firms to utilize the staff resources of local and/or state agencies; public agencies; The MPO may enter into contracts for the performance of service functions of (c) The MPO may acquire, own, operate, maintain, sell, or lease real and personal property; (d) The MPO may accept funds, grants, assistance, gifts or bequests from local, state, and federal resources; (e) The MPO may promulgate rules to effectuate its powers, responsibilities, and obligations enumerated herein; provided, that said rules do not supersede or conflict with applicable local and state laws, rules and regulations; and (0 The MPO shall have such powers and authority as specifically provided by the statutes. Section 5.03. Duties and responsibilities. The MPO shall have the following duties and responsibilities as provided by statutes: (a) The MPO shall create and appoint a technical advisory committee; (b) The MPO shall create and appoint a citizens' advisory committee; (c) The MPO membership shall be jointly and severally liable for liabilities, and the MPO may respond to such liabilities through the purchase of insurance or bonds, the retention of legal counsel, and, as appropriate, the approval of settlements of claims by its governing board; (d) The MPO shall establish a budget which shall operate on a fiscal year basis consistent with any requirements of the Unified Planning Work Program; (e) The MPO shall enter into agreements with the Department, operators of public transportation systems and the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan area. These agreements will prescribe the cooperative manner in which the transportation planning process will be coordinated and included in the comprehensively planned development of the area. Page 7 of 11 (f) The MPO, in cooperation with the Department, shall carry out the metropolitan transportation planning process as required by statutes, and specifically shall: (1) Prepare the Long-Range Transportation Plan; (2) Prepare the Transportation Improvement Program; (3) Prepare and annually update the Unified Planning Work Program; (4) Prepare a Congestion Management System for the metropolitan area; Assist in mapping of transportation planning boundaries required by statutes; (6) Assist in performing its duties relating to access management, functional classification of roads, and data collection; (7) Perform such other tasks presently or hereafter required by statutes; (8) Execute certifications and agreements necessary to comply with statutes; and (9) statutes. Adopt operating rules and procedures in accordance with applicable ARTICLE 6 FUNDING; INVENTORY REPORT; RECORD-KEEPING Section 6.01. Ellalliag. The Department shall allocate to the MPO for its performance of its transportation planning and programming duties, an appropriate amount of state transportation planning funds. Section 6.02. Inventory. re_non. The MPO agrees to inventory, to maintain records of and to insure proper use, control, and disposal of all nonexpendable tangible property acquired pursuant to funding under this Agreement. This shall be done in accordance with the requirements of all applicable statutes. Section 6.03. Record-keening and document retention. The Department and the MPO shall prepare and retain all records in accordance with the requirements of all applicable statutory requirements. 1999 Page 8 of l l ARTICLE 7 MISCELLANEOUS PROVISION Section 7.01 Constitutional or statutory, duties and re_sponsibilities of .rmrties. This Agreement shall not be construed to authorize the delegation of the constitutional or statutory duties of any of the parties. In addition, this Agreement does not relieve any of the parties of an obligation or responsibility imposed upon them by law, except to the extent of actual and timely performance thereof by one or more of the parties to this Agreement or any legal or administrative entity created or authorized by this Agreement, in which case this performance may be offered in satisfaction of the obligation or responsibility. Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties hereto with the same formalities as the original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor. Section 7.03. Duration; withdrawal procedure. (a) ~ This Agreement shall have a term of five (5) years. At the end of the five (5) year term and at least every five (5) years thereafter, the parties hereto shall examine the terms hereof and agree to amend provisions or reaffirm the same, otherwise it will be automatically renewed. (b) Withdrawal procedure. Any party, except Collier County and/or the City of Naples and the United States Bureau of the Census designated center city(ies), may withdraw from this Agreement after presenting in written form a notice of intent to withdraw to the other parties to this Agreement and the MPO, at least ninety (90) days prior to the intended date of withdrawal. Upon receipt of the intended notice of withdrawal: (1) The withdrawing member and the MPO shall enter into an agreement reflecting the withdrawal of the member and alteration of the list of member governments that are signatories to this Agreement. The agreement shall be filed in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located; and (2) The Office of the Governor shall be contacted, and the Governor, with the agreement of the remaining members of the MPO, shall determine whether any reapportionment of the membership shall be appropriate. The Governor and the MPO shall review the previous MPO designation, applicable Florida and local law, and MPO roles for appropriate revision. In the event that another entity is to be accorded membership in the place of the member withdrawing from the MPO, the parties acknowledge that pursuant to statutes, adding membership to the MPO does not automatically require redesignafion of the MPO. In the event that a party who is not a signatory to this Agreement is accorded membership on the MPO, membership shall not become effective until this Agreement is amended to reflect that the new member has joined the MPO. Section 7.04. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified mail, postage 1999 prepaid, return receipt requested. Page 9 of 11 Notice required to be given shall be addressed as follows: a) Board of County Commission Chairperson Collier County Board of County Commission 3301 East Tamiami Trail Naples, Florida 34112 b) City Manager City of Naples 735 Eighth Street, South Naples, Florida 34102-6796 c) City Manager City of Marco Island 950 North Collier Boulevard, Suite 308 Marco Island, Florida 34145 d) District Secretary Florida Department of Transportation District One 801 North Broadway Avenue Post Office Box 1249 Bartow, Florida 33831-1249 A party may unilaterally change its address or addressee by giving notice in writing to the other parties as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address. Section 7.05. Parties not Obligated to Third Parties. No party hereto shall be obligated or !ishle hereunder to any party not a signatory to this Agreement. There are no express or intended third party beneficiaries to this Agreement. Section 7.06. State or Territorial Law. Unless required by Federal law, nothing in this Agreement shall require the MPO, or any party hereto, to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of this Agreement violate any applicable State law, the parties will at once notify the FHWA and/or FTA in writing in order that appropriate changes and modifications may be made by the FHWA and/or FTA, to the end that the MPO or any party hereto may proceed as soon as possible with its responsibilities hereunder. Section 7.07. (a) Drafters of Agreement. The D~ent and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the 1699 Page 10 of 11 drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as drafter of this Agreement. Co) ~t..Yt, l~ai~. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgement, court order, or administrative heating or order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect, provided that such remainder would then continue to conform to the terms and requirements of applicable law. (c) Rules of construction. In interpreting this Agreement, the following rules of construction shall apply unless the context indicates otherwise: (1) The singular of any word or term includes the plural; (2) The masculine gender includes the feminine gender; and (3) The word "shall" is mandatory, and "may" is permissive. Section 7.08. Enforcemetlt by parties hereto. In the event of any judicial or administrative action to enforce or interpret this Agreement by any party hereto, each party shall bear its own attorney's fees in connection with such proceedings. Section 7.09. ~greement execution; Use of counterpart signature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7.10. Effective date; Cost of recordation. (a) ~ff~~. This Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of each county in which a party hereto is located. Any amendment hereto shall become effective only upon its filing in the Office of the Clerk of the Circuit Court for each county in which a party hereto is located. CO) Rllgoxdalifl~ The Collier County Metropolitan Planning Organization hereby agrees to pay for any costs of recordation or filing of this Agreement in the Office of the Circuit Court for each county in which a party is hereto located. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. Section 7.11. Previous Agreement Su.nerseded. Upon execution by all parties, and recording of this Agreement, it shall supersede the Interlocal Agreement between the parties dated HAY '2 5 1999 Page 11 of 11 IN WlTNF_~S WHEREOF, the undersigned parties have mused this Interlocal Agr~tOybe~da duly executed in their behalf and hereby establish the above designated MPO, this of /lrl~q ,1999. BOARD OF COUNTY COMMISSIONERS ~}:' ~7 ?C~ 0~. NAPLES, FLORIDA ...; B~:...:-'=- .: ~YOR County Afforney <~ ATTEST: .(SEAL) CLERK CITY OF MARCO ISLAND, FLORIDA BY: MAYOR ATTEST: CLERK (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: DISTRICT SECRETARY ATTEST: EXECUTIVE SECRETARY .(SEAL) APRIL 1999 Item #16A3 FINAL PLAT OF "TIERRA LAGO II" May 25, 1999 Item #16A4 FINAL PLAT OF .PELICAN MARSH UNIT TWENTY-FIVE. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 107 MAY ? 5 1999 Document Prepared By Michael J. Delate, P.E. Q. Cn'ady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~_~ day of/~. 1999 between WCI Communities, Limited Partnership hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Pelican MarshUnit 25" 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 convenient and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 30 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $406.814.10 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 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. HAY 2 5 1999 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. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the 10% subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 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 the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the - MAY ? 5 i999 failure of the Developer to carry out all of the provisions of the Agreement. All of terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and Dev__elqtler have caused this Agreement to be executed by their duly authorized representatives this~day of/)~/~, 1999. Signed, Sealed and Delivered in the presence of: (Primed ~Typed ~'~~, (Printed or Typed Name) ~ea' · .;:.~:'?' '¢;, i' Collier County A~omey WCI Communities, Limited Partnership A Florida Limited Partnership Alfred ~]. Doughe~ty Vice P~esident of Developmenfl Board of County Commissioners / COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that BOND No. 15-008-487 WCI Communities Limited Partnership 24301 Walden Center Drive Bonita Springs, Florida 34134 (hereinafter referred to as "Owner") and Liberty Mutual Insurance Company Boston, Massachusetts (Hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Four Hundred Six Thousand Eight Hundred Fourteen Dollars and Ten Cents ($406,814.10) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Pelican Marsh Unit 25 and that certain subdivision shall include required improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of the final acceptance by the Board of County Commissioners of the specific improvements described in the Land development regulations (hereinafter the guaranty period). NOW THEREFORE, if the 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. PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby 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 Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 21st dayof April, 1999 Witness-Signature a Delaware limited partnership Witness-Printed~____~ ~'~~ W~eis~ature~y, ~,t-./~ Witness Printed Name Steven C, Adeiman Vice President/Treasurer State of County of The foregoing instrument was acknowledged before me by Steven C. Adelman, Vice President/Treasurer on behalf of WCI Communities Limited Partnership, a Delaware limited partnership. Personally known ~. or produced identification __ Type of identification produced hand and official seal this ~.~J~T day WITNESS my 1999 (Affix notary seal) LINDJA ~.. HIGGINS My Corem Exp. 2/2112001 BOnded By Sewlce,,10S ,, No. CC603722 J~ Personally Kr, ow~ N o"t'~"ary Pl~blic My Commission Expires: Notary Printed Name DATED as of this 21stday of Apri 1 ',W-ithess-Signature ,Xl)O~. 1999 Liberty Mutual Insurance Company JOHN D. MILLER Wimess-Printed Name DIANA FIGUEROA Wimess Printed Name NATALIE RE IN6OLD Title Attorney-in-Fact Stye of CONNECTICUT County of FAIRFIELD The foregoing instrument was acknowledged before me by Natalie Reingold on behalf of Liberty Mutual Insurance Company. Personally known XX or produced identification ~ Type of identification produced WITNESS my hand and official seal this 21 st day of (Affix notary seal) April X,~. 1999 Notary Pub. Ii .~//").~, X~ ELY PSIJAS My C°mmls °ntslP..~Dxpire~,2'/~ -' ' ~OTARYPUBLIC'  MY COMMISSION EXPIRES SEPT. 30, 2003 No~ Printed N~e "THIS POWER OF A'I-I'ORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 52343z This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner a, nd to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES L. BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT ..................................... , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding -- Fire ........ Mil ! ******--********************************** . DOLLARS ($ 50.000~{~00- . ********* ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as bindLng upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed~n Plymouth Meeting, Pennsylvania this 17th day of De~mb~r 19 9~ · '~".~,/~ LIBERTY MUTUAL iNSURANCE COMPANY Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS On this 17th day of r3e¢~mher , A.D. 19 98 , before me, a Notary Public, personally came the individual, known to me to be the therein des~~.idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- ged that he executed~J~. ~arr~ airfOil[the seal affixed to the said preceding instrument is the corporate seal of said ~mpany; and that said co~orate seal and his signat~~~as__~~ duly affixed and subscribed to the said instrument by authori~ and direction of the said company. IN TESTIMO,~~, I~ setmy hand and affix my official seal at Plying, P~~ear first above wri,en. ~ ~ ~. .~ ' ~ / Plymouth T~Yp, Muntgom~,~$~ (Sou~ly I Nota~ Public - ' - I, the undersigne~[t~retaw of Libe~ Mutual Insurance Company, do hereby cedi~ that the original power of a~orney of which the true and ~ ~ foregoing is a full, copy, is in full force and effect on the date of this cedificate; and I do fudher cedi~ thai the officer who executed the said power of a~orney was one of the officers specially authorized by the chairman or the president to appoint any a~omey-in-fact as provided in A~icle XVl, Section 5 of the By-laws of Libe~ ~utual Insuran~ Company. ~is ce~ificate may be signed by facsimile under and by authori~ of the following vote of the board of directom of Libe~ Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically repr~uced signature of any assistant sacreta~ of the ~m~ny wherever appearing upon a cedified copy of any power of affomey i~ued by the company, shall be valid and binding upon the core.ny with the same force and effect as though manually affixed. IN TESTI~I~HEREOF, I have hereunt~cubscribed my name and affixed t,e corporate seal of the said company, this 21S t day of ista THIS POWER OF A~ORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTIVE A~ER ~~ ~ ~ , 20 ~. Liberty Mutual Insurance Company Statutory Balance Sheet (dollars in thousands) Assets Conunon & Preferred Stock~ .................'- ............ Real Es~te. Cash & Short-Term Investments..........=-. Other Invested Assets Subtotal Cashand Invested Assets.-~ ==-- = ............. Premium in Course of Collection* .................................................................................. Re~ Recoverables on Loss and Loss Adjustment Expense Payments-.. Interest. Dividencls and Real Estate Income Due and Accrued Other Asset~ TOTAL ADMITI'ED ASSETS 11,609,662 4,446,583 128~01 242,970 271,268 16,698.784 1,521,916 1~3.530 168,557 779,394 19,352,181 Liabilities and SUFpIus Reserve for Losses and loss Adjustmenl .Expenses... .... _- Reserve for Unearned Premlun~ :_' ...................... ------=-= ................................................... Reinsurance Payable on Paid Loss and Lo~ Adjustment Expenses Federal Income Tax and State Premium Tax Acaued Other Liabilities.=_ -_ Unassigned Surplus. ...... Guaranty Fun,"l__~ .... Surplus Notes TOTAL SURPLUS TOTAL I/ABILITIES AND SURFLUS:::-=- - {'Excludes premiums more than 90 days due) 10,208,483 1,629,832 36.194 91,774 1,319.565 13,2~48 4,924,567 1.250 1,140,516 19,352,181 COMMONWEALTH OF MASSACHUSETTS COUI',~I'Y OF SUFFOLK Dennis Langwell, bein$ duly sworn, says: That he is Vice President and Comptroller of Uberty Mutual Insurance Company; that said Company is a mutual tnsurance company duly organized, existing and engaged in business as a surety by virtue of the laws of the Commonwealth o! MassachuseUs and has duly compiled with all the requirements of the laws o! said Commonwealth and of the laws o! the State of ................................. - ..... appIkable to said Company and is duly quaUfled to act as surety under such laws;, that said Company has also compUed with and is duly qualified to act as surety on federal bonds under Section 9305 of Title 31 of the United States Code. That the foregoin$ Is · full, I~te m~! correct statement of the rman .c~l conditlo~ of said Company an the 31st day December, 1997. Swam to before me thb 31st day o! March, 1998 May 25, 1999 Item #16A5 FINAL PLAT OF "VANDERBILT COUNTRY CLUB - 2. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 108 HAY 2 5 1999 COLONIAL BANK Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Irrevocable Standby Letter of Credit No. 1521569005 Dated: 03/11/98 Place of Expiry: Colonial Bank, 16740 San Carlos Blvd. S.W., Fort Myers, Fl. 33908 Date of Expiry: This Credit shall be valid until 03/11/00 and shall be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, we notify the Beneficiary in writing by registered mail that we elect not to so renew this Letter of Credit. Applicant: Worthington Communities of Naples, Inc., a Florida Corporation, 448 County Road 951, Naples, Florida 34109. Beneficiary: The Board of County Commissioners, Collier County Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, 3301 East Tamiami Trail, Naples, Florida 34112. Amount: $956,944.45 NINE HUNDRED FIFTY SIX THOUSAND NINE HUNDRED FOURTY FOUR and 45/100 (Dollars) in the aggregate thereof. Credit available with: Coloaiai Bank, 16740 San Carlos Blvd. S~W., Fort Myers, FL 33908. By: Payment ~gainst documents detailed herein and Beneficiary's drafts drawn on the Colonial Baak. Documcn~ r~pired: Beneficiary's statement purportedly signed by the County Manager certifying that: "Worthington Communities of Naples, Inc. a Florida corporation, has failed to co~'U~t and or maintain the improvements associated with that certain plat of subdivision known as Vanderbilt Country Club, Phase 2, or a final inspection sxtisfactory m Collier Count5 has not been performed prior to the date of expiry, and ~-atisfactory ~emative performance security has not been provided ta and formally a~mepted by tt~ l~eneficiary',. I~att(s) drawr~ ~der this Letter of Credit must be marked "Drawn under Colonial Bank Let~ of CreditN~. 1521569005 dated 03/11/99". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. An Affiliate of Colon/al BancGmup, Inc. 16740 San Carlos Blvd. S.W., P.O. Box 08009, Fort Myers, Florida 33908 Telephone 941/466-7500 / Fax 941/466-6000 www. colonialbank, com AN EQUAL OPPORTUNITY EMPLOYER HAY 2 5 1999 Irrevocable Stnndby Letter of Credit No. 1521569005 Dnted: 03/11/99 This Letter of Credit sets forth in full the terms of the Colonial Bank's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument, or agreement referenced to herein or in which Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. We hereby engage with the Beneficiary that draft(s) drawn under and in compliance with the terms of the Credit will be duly honored by us i/presented within the validity of this Credit. ~ Except as otherwise expressly stated this Letter of Crec~it is subject to the Uniform Customs and Practice for Documentary Credits 1993 Revision, International Chamber of Commerce Publication No. 500 ( the "Uniform Customs"). Tiffs Letter of Credit shall be deemed to be made under the laws of the State of Florida. Colonial Bank ~lrst tce resident CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS entered rote this~rO'~gg, day of ~ 1999 between Worthington Communities of Naples, Inc. hereinafter referred to as Developer," aha/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: Vanderbilt Country Club 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 m a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregumg 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: Roadway, Utilities, Drainage and Landscaping in Vanderbilt Country Club Phase 2 within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof in the amount of $ 956,944.45 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 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. 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. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial coii~letion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith spedfying those conditions which the Developer must fulfill in order to olxain the Directors approval of the improvemmts. However, in no event shall the Developmmt Services Director refuse Preliminary approval of the improvemems if they are in fact constmaed and submiR~ for approval in accordance with the requirements of this The Developer shall maintain all required improvemems for a minimum period of one year after praliminary approval by the Development Services Director. After the ~ year maintenance period by the Developer has terminated, the Developer shall petitim the Development Services D/rector to inspea the required improvements. The Developmen~ Services Director or his deaisnoe .,~11 iz~spea the impr, ovemmts ~d, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developei~s r~bility for maintmance of the required improvemmts shall continue unless or mtil the Board accepts maintenance respomibility for and by the County. Six (6) months aRer the execution of this Agreement and once within every six (6) ma~ths thereaier the Developer may request the Development Services Director to reduce the. dolPar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statemmt of sub~nng_'al completion by the Developer's msineer tosether with the project records necessary for review by the Development Services D/rector. The Developmem Services Director may lpant the request for a reduction in the amount of the subdivision perform_~uce security for the improvements completed as of the date of the request. In the evem the Developer shall fail or ne~ect to ful611 its oblil~dons under this Agreemmt, upon certification of such failure, the County Administrator may call upon the subdivisim performance security to secure satisfactory completion, repair and maintmance of the required improvemmts. The Board shall have the right to cc~mua and maimai% or cause to be c.~ostnu:ted or mainlained, pursuanI to public advertisemmt and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision perl~onnance security, shall be liable to pay ~nd to in~ the Board, upon completion of such cenmuc6on, the Final total cost to the Board thereof, including, but not limited to, consequential, which the Board may sustoin on account of the failure of the Developer to fulffil all of tho provisiaos of this Agreemmt. 9. All of the terms, corn and conditions herein contained are an shall be bindin~ upon the Developer and the respe~ive successors and assil~ns of the Developer. IN WITNESS WHEREOF, the Board/md the Develo~_~,have caused this Agreement to be executed by the/r duly authorized representatives this ~y of -I/) ~ 1999. Worthin~on Communities of Naples, Inc. SIGNED, SEALED AND DELIVERED THE PRESENCE OF: Printed or Typed Nnme Scott C~li, V~c~ Pr~si..dent Printed or Typed Name COLLI~A~ COUNTY, FLORIDA / / May 25, 1999 Item #16A6 FINAL PLAT OF "CEDAR HAMMOCK. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 109 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this _~~day of ~/,J~_.., 19 c~..j between U.S. Home Corporation, hereinafter referred to as "Developer," and the B6ard 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 of the Board of a certain plat of a subdivision to be known as Cedar Hammock: 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 subdivision 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 Required Improvements within 12 months from the date of approval of said subdivision plat, said infrastructure (water, sewer, drainage and roadway) improvements hereinafter referred to as the Required Improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part of hereof) in the amount of $227,553.35 which represents 10% of the total contract cost of completed construction plus $1,076,073.65 which represents 100% of the estimated costs to complete the Required Improvements at the date of this Agreement for a total of $1,303,627.00. 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 Coed, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. ,4. '~'he required improvements shall not be considered complete until a statement of substantial completion by D~veloper' s engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal ro approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the 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 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for 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 complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the 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 obligation under this Agreement, upon eea'tification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required 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. 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 day of ~;~t-**,,,k~ ,19 ~/~t SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: /~itness Wimess ~ ~ .., ApProved.~s.to fo~ aqd legal sufficiency: Iv c. ' Co~ A~omey By: Peter R. Comeau, Regional Vice President BOARD OF COUNTY COMMISSIONERS OF COLLII~R COUNTY, FLORIDAt By: Pamela S. Mac'Kie, ChairWorffan (Ord. No. 92-73 § ~; Ord. No. 94-58, § 3, 10-21-94; Ord. No. 96-21, § 3) FIDELITY GUARANTY AND ACCEPTANCE CORP. · Box 2863, HOUSTON, TEXAS 77252-2863 ,~ (713) 599-2575 AUGUST 30, 1999 FIDELITY GUARANTY A'yD A,_ J?'T*,~;C ~Z C.~}AP FIDEL~TY GUARANTY ANO ~CCEPTA~E CC:RP ~Im,~¢'..iW GUA~AN~ AND ACCEPTANCE CORP FIDELI~ GUARAN~ AND ACCEPTANCE FIDEL~iY GUA. RA%; ' ' ,'- :,' '. L. ::2 ~r F~DEt CF( ~UAR~T¢ nN7~ AC~P'~NCE CC~F' 31; . ~ ,' 7~ ~U:'f AND ACCEPTANCE C3RP FiDEL~ GUARANTY AND ACCLP%~NCF %~" D ~ ......... FIDFq.,T~' %UARA~. ~* : ...... : , ' :,z~,_ ~ ISS~R ~ ACC~~D"BY BE~FIC~Y'S ~- :~- -' ~"'~ ~T ~T~ PLAT OF ";~ ~PECTION SATISFA~ORY TO COLL.' CO~ ~S NOT BE~ PE~O~D ~O~'TO ";~-' AUC~ST 30, 1~9".' ~ O~G~T~ oF ~IT '~-- ~CH ~S ~ OFC~IT ~LA~S, : , ',' ,.~ t ISSUER HEREBY ENGAGES WITH BENEHCIARY THAT DRAFT(S) DRAWN UNDER AND IN FIDELITY GuA~O~~r~i~I~I~.~I~-i:I~I.~;T~3OF~I~~.~I~~~ ~oI~~RANT¥ AND ACCEPTANCE F~D~L,~~(t~~r~ ~,~~ ~ ~[~ .~.FiOELITY GUARANTY AND ACCE~ANCE CaRP FIDELFFtr GUARANTY AND ACCEPTANCE ;,~)Et.!~V ,],.JARAN~ AN~ ~CCE~r~;CE CS~P ;'[~F-~ ~T¥ (SLJA~A*~,' ~,j(} ACt]EPT~NCE CORP FiDEL~ GUARANTY AN~ ~C~PT~N~ CORP FIDELI%¢ GUARANfY AND ACCEPTANCE FIDELI} ~ G[JARANT'r AND ACCE=~At4~F 3DR~ FIDFL~TTM C(~A~AN} ~' AND/*CCEPTAh~CE CORP FiDELI~ GUARAN~ AND ACCEPTANCE CORP FID~I I~¢ GUA~AN~ AND ACC~ANCE -'E,ELmy '/~ARA~IT ' ~r,,3 AC¢]ZFTAf~;E - %,r~ ~ D~L" ' ,~. '~ ~ '-':' afl[]) ACSEPTANCE CORP FIDEL:]Y 3UARANTY AND ACCEPTANCE CCRP FtDBLIIY GUARAN~f AND &CCEPTANCE May 25, 1999 Item #16A7 EXCAVATION PERMIT NO. 59.694 OTERO, LAKE 2 EXCAVATION BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT, ON THE SOUTH BY 56?~ AVENUE NE R/W AND THE WEST BY VACANT LOT - WITH STIPULATIONS LISTED IN THE EXECUTIVE SUM/4ARY Item #16A8 RESOLUTION 99-238 RE A 50% WAIVER/50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY RAFAEL MORALES AND JUANA PEREZ IN NAPLES MANOR UNIT ONE, COLLIER COUNTY, IN THE AMOUNT OF $6,779.52 WHICH WILL BE PAID THROUGH (S.H.I.P) REVENUE FUNDS Page 110 FlAY 2 5 1999 RESOLUTION NO. 99-238 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY RAFAEL MORALES AND JUANA PEREZ AT 5204 FLORIDIAN AVENUE, NAPLES MANOR UNIT ONE, IN COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Rafael Morales and Juana Perez are seeking a 50% waiver/50% deferral of impact fees; and WHEREAS, Rafael Morales and Juana Perez will construct a three bedroom unit (the "Dwelling Unit") at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida; and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Rafael Morales and Juana Perez submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated April 2, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-60, Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational MAY 5 1999 Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and WHEREAS, Rafael Morales and Juana Perez have qualified for an impact fee waiver/deferral based upon the following representations made by Rafael Morales and Juana Perez: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fit~een (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Rafael Morales and Juana Perez for one (1) house which shall be constructed at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50% waiver/50% deferral of impact fees signed by Rafael Morales and Juana Perez, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at at 5204 Floridian Avenue in Naples Manor Unit One, in Collier County, Florida by Rafael Morales and Juana Perez: Fo A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facilities Impact Fee: (1) Regional Parks (2) Community Parks EMS Impact Fee Educational Facilities System Impact Fee Sewer Impact Fee Water Impact Fee Total Impact Fees 179.00 399.O0 14.00 1,778.00 1,575.00 1,275.00 6,779.52 MAY ~ 5 i999 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Attest '~, to, Chale~/~6-' s .~ Appr6ved-- -~ to.fora '~ . leg~;1 ?fficiency: _' ~eidi ~. XSh[on - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~. By: P jd/c/reso/morales/perez MAY 2 5 1999 EXHIBIT "A" LEGAL DESCRIPTION RAFAEL MORALES AND JUANA PEREZ RESIDENCE LOTS 1 AND 2, BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 57 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 47' I i .) This CLBRK ?0 ?HB BOARD HCORDB0 tn ~he O~HCHL RBCORDS o~ COLLIIqt ~01/!~?~, FL HC H! 37,50 III?BROFFICB 47H FLOOR o5/28/1999 at 09:09A1( 9#IGH? B. BROCK, CLERK COPIES 8,00 BZT 7240 MAY 2 5 1999 AGREEMENT FOR 50%WAIVER/S0% DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES Agreement for the Waiver of Impact Fees entered into thi~day of , 1999 by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Rafael Morales and Juana Perez, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems Impact Ordinance, as they may be further amended fi.om time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing 50% waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and OR: 2552 PG: 1049 HAY 2 5 1999 WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver/deferral and WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER embodied in Resolution No. 99- ~>~ at its regular meeting of ~ ,,~ ~ t 1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE; in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein· 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit· 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit ~must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; 2 OR: 2552 PG: 1050 c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,779.52 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. 7. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact OR: 2552 PG: 1051 NAY 2 5 1999 fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 4 Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be ix] default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNFR, the Board may bring civil action to ex]force this Agreement. In additiox], the lien may be foreclosed or otherwise enforced by the COUNTY by actiox] or suit in equity as for the foreclosure of a mortgage ox] real property. "['his remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcin§ this ^greement, plus interest at the statutory rate for judgmex]ts calculated on a calex]dar day basis until paid. IN WITNESS WHFREOF, the parties have executed this ^grccrncnt for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: Print Name ~.~. CO~TY OF The foregoing [NOTARIAL SEAL] My Comm Exp. 2/17/2001 NOTAR'~ ;~ [~(~1.~(~2 ~°J ~o.ded ~y Se~ice Ins ~ / No. CC622512 OWNER: Rafael Morales instrument was acknowledged before me this ~9.,~ day of ,1999, by Rafael Morales. He is personally known to me or produced ,(type of identification) as identification. Si~u~e-Of: Perso~ ~ aki~g Acknowledgment OR: 2552 PG: 1053 HAY 2 5 1999 Witnesses: ~'int N~ne STATE OF COUNTY OF J~a Perez The foregoing I **iqlfA W. 80Lr No,, CC622512 ~,.~,y Known [ 101~'1.~ instrument was acknowledged before me this ~,2.~.. day of , 1999, by Juana Perez. She is personally known to me or produced (type of identification) as identificat~n. ' Signature of Person Taking Acknowledgment ,' ','.;. ...,--....~--~.~ ~,'.~GI~.$:E~.~..¥~. 'Clerk Approved ~ to fora ~d legal sufficiency , Heidi F. Ashton Assist~t Co~ty Attorney BOARD OF COUNTY COMISSIONERS COLLIER COUNTY, FLORIDA / jd/c/agreements/morales/perez 6 OR: 2552 PG: 1054 HAY 2 5 1999 EXHIBIT 'A' LEGAL DISCRIPTION RAFAEL MORALES AND JUANA PEREZ RESIDENCE LOTS 1 AND 2 OF BLOCK 8, NAPLES MANOR UNIT 1, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE 57, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. f Lo'?- g ,,a. VF__ 47" May 25, 1999 Item #16A9 RESOLUTION 99-239 RE EXTENDING THE LAKE TRAFFORD RESTORATION AD HOC TASK FORCE THROUGH MAY 7, 2000 AND RE-APPOINTING/APPOINTING BARBARA B. BERRY, DR. GEORGE G. YILMAZ, ED CARLSON, DR. ERIC FLAIG, GENE HEARN~ JON M. IGLEHART, FRANK MORELLO, EDWARD .SKI. OLESKY, MILES "~OCKY. SCOFIELD, MICHAEL SIMONIK, JACKIE SMITH, CLARENCE N. TEARS, JR., FRED N. THOMAS, JR., AND PAM BROWN Page 111 HAY 2 5 1999 RESOLUTION NO. 99-239 A RESOLUTION EXTENDING THE TERM OF THE LAKE TRAFFORD RESTORATION TASK FORCE AND REAPPOINTING I APPOINTING MEMBERS TO THE LAKE TRAFFORD RESTORATION TASK FORCE. WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Resolution Nos. 96- 225, 9%250, and 98-11g, establishing the Lake Trafford Restoration Task Force for a period of one year and then extending the term for additional one (1) year periods to expire May 7, 1999; and WHEREAS, in order to finalize the work necessary to restore Lak~ Trafford, it will bc necessary to extend the term of this ad hoc committee for an additional one (1) year period; and WHEREAS, the Chairman of the Lake Trafford Restoration Task Force provided the Board of County Commissioners with a list of current and suggested members to be appointed and/or re-appointed to this committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Lake Tmfford Restoration Task Force is hereby extended for an additional period of one (1) year, said term to expire May 7, 2000. The following members are hereby re-appointed / appointed to the Lake Trafford Restoration Task Barbara B. Berry, Board of County Commissioners Dr. George G. Yilmaz, Director, Pollution Control & Prevention Department Ed Carlson, South Florida Area Manager, National Audubon Society Dr. Eric Flaig, Senior Engineer, South Florida Water Management District Gene Heam, Pepper Ranch & Preserve Jon M. Iglehart, Environmental Administrator, Department of Environmental Protection Frank Morello, Biological Administrator, Division of Fisheries, Everglades Region, Game & Fresh Water Fish Commission Edward "Ski" Olesky, Lake Trafford Marina, Inc. Miles "Rocky" Scofield, Scofield Marine Consulting Michael Simonik, Environmental Policy Facilitator, The Conservancy Jackie Smith, Regional Biologist, Department of Environmental Protection Clarence N. Tears, Jr., Director, Big Cypress Basin, South Florida Water Management District Fred N. Thomas, Jr., Greater Immokalee Chamber of Commerce Pam Brown, Immokalee, Florida This Resolution adopted thisO~-'~day of ~ ,1999 a~r motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK IcS~ sufficiency: s;- Dadd C. Weige~ Co~W A~om~ BOARD OF COUN2~ COMMISSIONERS IvI~AMELA S. MAC'KIE, CHAI]~qOMAN / ap/0Yilmaz/resolution 1999-Lake Tratford Restoration Trak For~e extension May 25, 1999 Item #16Al0 SITE ALTERATIONS EXCEEDING 25 ACRES FOR CLEARING AND FILLING 65.6 ACRES IN THE NAPLES LAKES COUNTRY CLUB DEVELOPMENT Item #16All FINAL ACCEPTANCE OF SEWER FACILITIES, HERITAGE LINKS AT NAPLES w~RITAGE Item #16A12 FINAL PLAT OF .SOUTHPORT ON THE BAY UNIT 2B" Item #16A13 FINAL PLAT OF "NAPLES LAKES COUNTRY CLUB" - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS AND PERFORMANCE SECURITY Page 112 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~4~ day of a~,,D~o~~ 19 P~ between TBI/Naples Limited Partnership hereinafter referred to per,~' and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: Ao Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Naples Lakes Country Club Bo 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: Developer will cause to be constructed: Phases 1, 2, 3 and 7 of the Naples Lakes Country Club Site Improvement Plans. Improvements include roadway, drainage, water and sewer utilities. within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $3,025,596.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 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. 'g:\Toll\Typing\SubdivYLdcsbimp.do¢ o 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. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve 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. 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 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 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 complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the 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. o 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 'gSToll\Typing\Subdiv\Ldcsbimp.doc 2 thereof, including, but not limited to engineering, legal and comingem costs, together with any damages, either direct or consequemial, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreemem. 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 Agreemem to be executed by their duly authorized representatives this w~'2:~day of '¢9/o~t.. ,19 ~. · SIGNED, SEALED AND DELIVERED II~//THI~ PRESENCE OF: Printed or Typed Name T~lqaples Limited Partnership .... By: I ~/~ ~ ~"~/~/P Arthur Friedman Primed or Typed Name Assistant Vice Presidem Title Printed or Typed Name 'Sufficiency: David~E.-Weigel County Attorney 'g:\Toll\Typing\Subdiv~lcsbimp.do¢ 3 ~46V ? ~ ~qqQ BOND#929105788 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that TBI/NAPLES LIMITED PARTNERSHIP OWNED BY WHOLLY-OWNED SUBSIDIARIES OF TOLL BROTHERS, INC. (hereinafter referred to as "Owner") and CONTINENTAL INSURANCE COMPANY (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of THREE MILLION TWENTY FIVE THOUSAND FIVE HUNDRED NINETY SIX AND NO/100 Dollars ($3,025,596.00) 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 of a certain plat of a subdivision to be known as Naples Lakes Country Club and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date of 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, THEREFORE, 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. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed this 8 TH day of JULY, 1999. A TBI/NAPLES LIMITED PARTNERSHIP BY: TOLL FL GP CORP. ITS GENERAL CONTINENTAL INSURANCE COMPANY D~lel P. Duniga~-- At.t~in-Fac~ k .a,l.~ imV MM iltlB_.~ myM JULY Ww~du~s~, ~X/14/2000 NOTARIAL SEAL. AItLENE OSTROFT, llotar/~ St. Oavids, t~d~mr~ County, P.~ My Commission Expires flovember 14, POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT MAY 2 § t99.q Know All Men By These Presents, That THE CONTINENTAL INSURANCE COMPANY, a New Hampehim corporation, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J., a New Jersey corporation (herein collectively called 'the CIC Surety Companies"), are duly organized and existing corporstions having their principal offices in the City of Chicago, and Stats of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constY0dts and appoint William F. O'Bden~ William F. Simkiss, John R. Wa'~e, John A. Simkiss~ II1~ Dan'ml P. Duni~lan~ Individually of St. Davids, Pennsylvania their true and lawful Attomey(s)-in-Fact with full power and au~ority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the au~ority hereby given are hereby ratified and con§rmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the ClC Surety Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of March , 1999 '* .... ";'" T,E CONT NENTALI.SU,^,CE CO ,AN ~~ .~-[~t ,,:"c~'-- FIREMEN'S INSURANCE COMPANY OF N~AR~ NEW JERSEY [~?~:: ~ ~%~ ~ ~ COMMERCIAL INSU~NCE COMPANY OF NEWAR~ N.J. · ..~. ~.- Marvin J. Cashion Vice President State of Illinois, County of Cook, ss: On this 2nd day of March , 1999 , before me personally came Marvin J. Ceshion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. described in and whioh executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; fi'mt they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. My Commission Expires March 6, 2(X)O Mary Jo Abel Notary Public CERTIFICATE I, Mary .~ Ribikawskis, Assistant Secretary of THE CONTINENTAL INSURANCE COMPANY, FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY and COMMERCIAL INSURANCE COMPANY OF NEWARK, N.J. do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation pdntsd on the reverse hereof are still in force. In testimony wherepf_l_h~ve hereunto subscribed my name and affixed the seals of the said corporations this 8TH day of JULY , ].999 · . ...... ,.~... ~ ~"~.~. THE CONTINENTAL INSURANCE COMPANY .'.... " FIREMEN'S INSURANCE COMPANY OF NEW JERSEY ~~4,~\~__~'~'~',l'_~,..._,-'"-'" ~"~ COMMERCIAL INSURANCE COMPANY oFNEWAR~NEWAR~ N.J. · .. . ',...~";*.~? Ma~ A. Ribi~s A~i~nt S~r~ (Rev.lOIl~7) CNA INSURANCE COMPANIES HAY 2 5 999 THE CONTINENTAL INSURANCE COMPANY STATEMENT OF ASSETS AND LIABILITIES December 31, 1998 ~SETS: Cash Short-term investments (prindpally U.S. Govemment Obligations) United States Government obligations Other public bonds Industrial and miscellaneous bonds Preferred stocks Common stocks of affiliated companies Other common stocks Real Estate Premiums and agents' balances in course of collection Premiums, agents balances and installments booked but deferred and not yet due Accrued retrospective premiums Accrued interest dividends and rents Other Assets Admitted Assets LIABILITIES: $ 20,977,289 151,004,714 701,716,653 134,457,159 241,389,049 416,230 290,852,575 37,096,221 118,566,092 67,924,633 138,091,717 24,752,250 16,056,767 214,678,627 $ 2,157,979,976 Unearned premium reserve Reserve for loss and loss adjustment expense Reserve for taxes, licenses and fees (including federal income taxes) Other Liabilities Total Uabilifies 325,284,453 · 975,875,318 11,664,029 317,288,716 $ 1,630,112,516 SURPLUS: Capital paid up ($5.00 par value) Shares authorized: 10,713,272 issued: Surplus Surplus as Regards Policyholders Total 10,713,272 $ 651,001,557 (123,134,097) 527,867,460 $ 2,157,979,976 Fa. ilure of items to add to totals shown is due to roundin8. .. State of Illinois ) )ss County of Cook) On this 30th day of April, 1999, before me came John/vt. Squarok and tvta~/A. Ribikawskis, known to me personally to be the Group Vice President and the Assistant Secretary, respectively, of the Continental Insurance Company being fidl,v .~wnrn; certi~ and attest, that the foregolqg statement is a true and correct statement of the assets and liabilities of the said company as of · "OFFICIAL SEAL" · : SUSAN CAROL COGHLAN ~  N01'AR¥ OF ILLINOIS Aug. 2L 1999: May 25, 1999 Item #16A14 EARLY WORK AGREEMENT FOR CEDAR HAMMOCK GOLF COURSE Page 113 SUBDIVISION IMPROVEMENTS EARLY WORK AGREEMENT FOlkSY ~ CEDAR HAMMOCK THIS AGREEMENT, made and entered into thi~~-day 1999, by and between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter referred to as "County") and U.S HOME CORPORATION, a Delaware corporation (hereinafter referred to as the "Developer"). 5 999 WHEREAS, Developer is the record title owner of real property in Collier County described in Exhibit "A" hereto, and due to the size and complexity of the golf course portion of the subject project, demands for certain infrastructure which is specifically described herein exceed the rate at which the remaining portions of the subject project would typically be expected to develop and provide infrastructure supporting the golf course portion of the subject project; and WHEREAS, Developer is desirous of constructing subdivision improvements prior to the approval and recordation of subdivision plat for the subject project: and WHEREAS, the Developer wishes to construct a golf course hereinafter referred to as the Cedar Hammock Country Club in accordance with the Collier County Land Development Code, Collier County Ordinance 91-102. The Infrastructure which is the subject of this Agreement needed to support the golf course is specifically described in Exhibit "B" .; and WHEREAS, this golf course is to be constructed in an area remote from existing or immediately planned infrastructure and the golf course construction requires grow.-in and other lon, g lead time items; and WHEREAS, the construction planned does not and will not be amended to include plans for residential or clubhouse related uses beyond the limited infrastructure subject to this Agreement; and NOW THEREFORE, in consideration of the premises, the mutual undertaking of the parties, and other good and valuable consideration, it is agreed by the parties hereto as follows: 1. The foregoing recitations are true and correct and are incorporated herein by reference. 2. Developer agrees to proceed with the plat for the golf course and the required infrastructure to support the golf course. The plat shall remain unrecorded and no bonding shall be required while the Developer completes the golf course and the related infrastructure described in Exhibit "B" . Developer agrees to execute a construction and maintenance agreement in a format acceptable to the County at the time of plat approval by the Board of County Commissioners of the golf course. MAY 2 5 {999 3. Developer agrees to complete the golf course and its required improvements within three years. Operation of the completed golf course shall not commence until the final plat is recorded and the County grants preliminary acceptance to the required subdivision improvements and all required support facilities are in place and approved for occupancy and use as a golf course facility. 4. Developer agrees to dedicate and grant, without cost or reimbursement to the County, all necessary easements to the County and all other service providers to serve the golf course and remaining portions of the overall project and other lands, provided said easement grants do not unreasonably interfere with the use and operation of the golf course. 5. Developer agrees to record the final plat upon completion of construction and final inspection of infrastructure and lake excavation work and agrees to provide a maintenance bond for the infrastructure required to the provisions of the Collier County Land Development Code, Collier County Ordinance 91-102, as amended or its successor in function, same being sometimes referenced herein as "Subdivision Regulations". 6. Developer shall prepare subdivision construction plans and a final plat and shall submit these plans and plat for review and approval in accordance with the Subdivision Regulations. Plans shall include where applicable water management lakes, conveyance structures and outfalls, irrigation facilities, other permanent or temporary access roads or utilities, utility crossings and the like, and site clearing. 7. Developer shall obtain all requisite federal, state and local permits and approvals and shall construct the infrastructure subject to this Agreement including the aforementioned golf course, lakes and water management facilities, irrigation pump stations, shelters, temporary infrastructure and any maintenance facility in accordance with all applicable federal, state and local regulations, land use and land development regulations. 8. Developer agrees and acknowledges that any temporary water, sewer, and access facilities, if required, shall be abandoned in favor of permanent connection at such time as the permanent services are available to the site. Verification and approval of any temporary facilities will be made during the site development plan and/or building permit review process, whichever is applicable. 9. Developer agrees that a Site Development Plan (sometimes referred to herein as "SDP") shall be submitted for any vertical construction, such as maintenance facility or proposed structures serving the golf course in accordance with Ordinance 82-02, as amended by Ordinance 90-24, or their successors in function, to obtain site plan approval. After the SDP is approved Developer shall be allowed to apply for building permits which directly relate to the development of structures for the golf course only. Any proposed clubhouse or like facility shall not be deemed to be part of this Agreement or the infrastructure addressed herein. MAY 2 5 1999 10. County agrees and shall permit the Developer to proceed with the planning, permitting and construction of the golf course irrigation pump station, rest shelters, maintenance facility, and requisite infrastructure which is the subject of this Agreement. Issuance of County approvals to commence construction of the subdivision improvements shall be conditioned upon the following: a) Upon the County Manager, or his designee, finding that the subdivision construction plans and documents and final plat for the golf course are in compliance with the provisions of the Growth Management Plan and the Subdivision Regulations and thereafter upon approval of same by the Board of Commissioners during a regularly scheduled meeting. b) Developer's submittal to County a copy of the following permits and/or approvals: A Standard General Permit for Incidental Site Activities from South Florida Water Management pursuant to Chapter 40E-40.042, F.A.C. An Authorization of Work within Jurisdictional Wetlands issued by the Corps of Engineers c) Developer posts the necessary lake excavation bonds pursuant Ordinance 88-26, as amended, or its successor in function. Upon full and good faith compliance with the provisions of this paragraph, the County shall process the building permits subject to normal review procedures. A certificate of occupancy for those building permits approved under the terms of this Agreement will be issued upon satisfactory completion of building and site construction in accordance with approved plans. Occupancy and operation of any irrigation system, maintenance facility, or rest stations shall not be withheld pending the preliminary acceptance of the Cedar Hammock golf course infi'astmcture and recordation of the Cedar Hammock golf course plat, provided all necessary temporary or permanent support infrastructure is completed and properly placed in service by the County. 11. County shall not permit and the Developer shall not seek to place the golf course in service until the final plat of the golf course is recorded, preliminary acceptance of the golf course infrastructure is granted by the County and all temporary or permanent water, sewer drainage and access facilities are available to support the golf course and its related uses and activities. 12. All notices required or permitted to be given hereunder shall be in writing as follows: If to County With copies to If to Developer County Manager Courthouse Complex Naples, Florida 34112 Development Services Director and Project Plan Review Manager Peter Comeau U.S. Home Corporation 10491 Six Mile Cypress Parkway Fort Myers, Florida 33912 MAY Y 5 i999 13. This agreement shall be binding upon the parties, their successors and assigns, and shall mn with and bind the lands described and encompassed herein. 14. Developer agrees to indemnify and hold County harmless against any and all liability, loss, damage or expense from claims or causes of action, including attorney's fees and court costs, resulting from a challenge by any person or entity objecting to the legality or validity of this Agreement. 15. Unless terminated by the written mutual consent of the parties hereto, this Agreement shall terminate upon final acceptance of the infrastructure and subdivision improvements addressed herein upon the final acceptance of same by the County in accordance with the Subdivision Regulations. IN WITNESS WHEREOF the parties have executed this Agreement the date first above written. Signed, sealed and delivered in the presence off Signature of Witness #1 Printed Name of Witnj~ # 1 ~igr~at~re of W~tness~2 - Printed Name of ~qitness #2 - BOARD OF COUNTY COMMISSI~)NERS ~ -~;~ . ' . '- , · .:.. Attest: Peter Comeau, Regional Vice President Southwest Florida Division State of Florida County of Collier The foregoing instrument was acknowledged before me this 199_q_ by ~' dayof P4,4 ~/ ..... , Peter Comeau, Regional Vice President of U.S. Home Corporation, who is personally ~ or who has produced did / did not take an oath. as identification and who Printed Name of Notary 4 EXHIBIT "A" TO GOLF COURSE EARLY WORK AGREEMENT FOR CEDAR HAMMOCK MAY 5 1999 DESCRIPTION OF LANDS SURVEYED A TRACT OF LAND LYING IN A PORTION OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF ISLE OF CAPRI ROAD (STATE ROAD NO. 951), LESS AND EXCEPT A 25 FOOT WIDE DEDICATED RIGHT OF WAY AS RECORDED IN OFFICIAL RECORD BOOK 2015, PAGE 1500 THROUGH 1502 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHEASTERLY OF DAVIS BOULEVARD (STATE ROAD NO. 84). SAID PARCEL CONTAINING 417.32 ACRES MORE OR LESS, SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. EXHIBIT "B" TO GOLF COURSE EARLY WORK AGREEMENT FOR CEDAR HAMMOCK MAY 2 5 {999 LIST OF INFRASTRUCTURE IMPROVEMENTS: o 3. 4. 5. The clearing of that portion of the property described by Exhibit "A" as shown by the attached drawings entitled "PWA Construction Plan" and "PWA Construction Details" prepared by Banks Engineering, Inc. and dated 4/12/99 which are included herein by reference. The excavation of the proposed water management lakes and the filling of portions of the cleared area. The construction of all water management berms, perimeter ditches and terminal features. The installation of the piping and intermediate structures interconnecting the water management lakes as well as the discharge structures. The installation of the golf course and its infrastructure including, but not limited to, golf course filling, grading and grassing, its irrigation and drainage systems, golf cart and pedestrian paths and bridges, rock rip-rap and wooden retaining walls and rest shelters. The construction of an internal haul road consisting of both an embankment and subdivision improvements for future development phases as shown by the aforementioned attached drawing. The construction of roadway and subdivision infrastructure improvements at the Project's entrances within the rights-of-way of County Road 951 and State Road 84. The construction of the internal haul road for the Project. 6 May 25, 1999 Item #16A15 BUDGET AMENDMENT FOR THE PROVISION OF TRANSPORTATION DISADVANTAGED SERVICES TO BE INCREASED BY AN ADDITIONAL $139,503.00 Item #16B1 FISCAL YEAR 2000 COMPENSATION IN THE AMOUNT OF $48,000 FOR SEVERN TRENT ENVIRONMENTAL SERVICES, INC. TO PROVIDE FOR CURRENT CONTRACT MANAGER SERVICES FOR THE PELICAN BAY SERVICES DIVISION Item #16B2 WORK AUTHORIZATION UNDER THE PELICAN BAY SERVICES DIVISION'S CURRENT PROFESSIONAL ENGINEERING AGREEMENT WITH WILSON, MILLER, BARTON & PEEK IN AN AMOUNT NOT TO EXCEED $5,000.00, TO PREPARE THE PRELIMINARY AND FINAL ASSESSMENT ROLL FOR THE NON-AD VALOREM ASSESSMENTS FOR BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS, AND MAINTENANCE OF CONSERVATION OR PRESERVED AREAS, U.S. 41 BERMS, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT Page 114 HAY 2 5 1999 WORK AUTHORIZATION This Work Authorization made and entered into thiscl~/~ay of/'}el/lq , 1999, by and between the Board of County Commissioners of Collier County, Florida, ~. ~KJliti~cal subdivision of the State of Florida, hereinafter referred to as "COUNTY" and Wilson, Miller, Barton & Peek, Inc., a Florida corporation, hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, ENGINEER entered into an engineering agreement dated January 21, 1987, with the Pelican Bay Improvement District to perform general consulting services involving engineering, surveying, planning, environmental management, or permitting, financial or economic feasibility studies, water and sewer utilities, water management facilities, street lighting facilities and other infrastructure and civil-type projects for the Pelican Bay Improvement District, as defined by supplemental agreements; and WHEREAS, the Pelican Bay Improvement District was dissolved and under the Plan of dissolution, COUNTY assumed the rights and obligations of all contracts for services and materials to which the Pelican Bay Improvements District was a party; and WHEREAS, pursuant to the agreement between Improvement District, COUNTY wishes to contract with services for projects serving the Pelican Bay area. ENGINEER and the Pelican Bay ENGINEER to provide engineering NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Work Authorization, it is mutually understood and agreed as follows: 1. PROJECT DESCRIPTION: The project consists of the preparation of preliminary and final assessment rolls for the 1999 assessments for Pelican Bay Services Division. 2. SCOPE OF SERVICES: The ENGINEER shall provide professional services in general accordance with the following scope: 3/31/99-55767 VeT: 01 !-AMC HAY 2 5 1999 2.1 Preliminary Assessment Roll 2.1.1 Update the 1998 roll to include new owners. Update the per unit assessments based on the total assessment value provided by PBSD. The assessments will be based on dwelling units only and not acreage as in the past years. 2.1.2 Print mailing labels and preliminary assessment letters. 2.1.3 PBSD will stuff the envelopes and mail the preliminary assessment letters. 2.2 Final Assessment Roll 2.2.1 Based on the results of the special assessment public hearings, prepare the final assessment role. 2.2.2 Forward copy to PBSD and tax collectors office. 3. TIME OF PERFORMANCE: Items 2.1 through 2.2 of the Scope of Service will be completed within one hundred eight (180) calendar days after execution of this Work Authorization by the COUNTY except for delays beyond the control of the ENGINEER. 4. FEES TO BE PAID: The ENGINEER shall be paid for his services at the hourly rates shown in the COMPENSATION SCHEDULE provided in the January 21, 1987 Agreement between the Pelican Bay hnprovement District and ENGINEER which has been amended from time to time with an amount not to exceed $5,000.00, without approval by the COUNTY. Payments shall be made upon monthly billing Payable within thirty (30) days of receipt of an invoice acceptable to the COUNTY. 3/31/99-55767 Vet: 01 !.AMCINT{)S N0103-078-00o-E PSA-20 ~20 1999 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and ye~. first above written. ""~,,~E1]J~, ,~.'.~..cjcl BOARD OF COUNTY COMMISSIONERS ;:'.; ":;':~ ~' '~:,~.' ~'~;~. ' ' COLLIER COUNTY, FLORIDA :.w~r.~, ~ ,, ::.:" ~.,' , ~~~' Witne~ L': .....',t "~" .'~ ~'~ · INC. Witness Stephen A. M~s Vice President Approved as to form and legal sufficiency: l~avid ~ei~el County Attorney 3/31/99-55767 Vet: 01 N0103-078-006-EPSA-20520 May 25, 1999 Item #16B3 SUPPLEMENTAL AGREEMENT NO. 8 WITH HOLE, MONTES AND ASSOCIATES, INC. FOR THE IMMOKALEE ROAD SIX LANE IMPROVEMENT PROJECT NO. 69101; CIE NO. 08 IN THE AMOUNT OF $46,660.00 Page 115 SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT Project No. 69101 S/A NO. 8 MAY 5 1999 THIS SUPPLEMENTAL AGREEMENT, made and entered into this~t~r~day of 1999, by and between the Board of County Commissioners, Collier County, Florida, a political/subdivision of the State of Florida, hereinaRer called the COUNTY, and Hole, Montes and Associates, Inc. of 715 Tenth Street, South, Naples, Florida 34102, duly authorized to conduct business in the State of Florida, hereinaRer called the CONSULTANT. WITNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 21 May 1991 entered into an Agreement whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with proposed construction of C.R. 846 four laning improvements, Phase I&II, (Jct. 1-75 to Jct. C.R. 951), County Project No. 69101; and, WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary to: TO REVISE AND/OR EXPAND UPON THE SCOPE OF ORIGINAL SERVICES OF THE PROJECT SPECIFICALLY RELATING TO ADDITIONAL DESIGN OF STREET LIGHTING ALONG THE PROJECT AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED 19 APRIL 1999 IS ATTACHED AS EXHIBIT "A" AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPLEMENTAL NO. 8. NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented as follows: 1. CONSULTANT shall perform services for the design of street lighting along the Project in accordance with Exhibit "A" attached hereto. 2. Contract fee adjustment and status (this Supplemental Agreement No. 8): 3.1 Original maximum contract fee = $150,000.00 3.2 S/ANo. 1 = $299,756.53 3.3 S/A No. 2 = $ 25,921.62 3.4 S/A No. 3 = $ 35,900.00 3.5 S/A No. 4 = $181,945.00 3.6 S/A No. 5 = $ 66,766.00 3.7 S/A No. 6 = $ 4,400.00 3.8 S/A No. 7 = $ 18,220.00 3.9 This S/A No. 8 = $ 46,660.00 Current contract fee = $829,569.15 4. Contract time adjustment: Increase -56- calendar days 5. Contract completion: To be determined by the Notice to Proceed. 6. The revised and current stun contract amount as stated above includes costs for overhead, fringe benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses. 7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original Consulting Engineering Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Page 1 of 2 Project No. 69101 S/A NO. 8 MAY 5 1999 AS TO THE BOARD OF COUNTY COMMISSIONERS: AS TO FORM AND LEGAL SUFFICIENCY: ASTOTHECONSULTANT: SIGNED, SEALED, AND DELIVERED IN THE PRESENCE OF: Walter F. Gilcher, Jr. ffECOND WITNESS (NAME WRITTEN) STATE OF FLORIDA COUNTY OF LEE BOARD OF COUNTY COLLIER COUNTY, FLO.~dDA ,:.` :,.~. ,Dwight E. Brock, .CJ. er~ Sl~a'~ure on l,y. HOLE, MONTES AND ASSOCI~T ,~.~. C:,? · Mffrray, Sr. Vice P~ident_L.~ ATTESTS' Ned E. Dewhirst, Vice President (CORPORATE SEAL) Before me, the undersigned authority, this day personally appeared Robert L. Murray and Ned E. Dewhirst, to me well known and known to me to be Sr. Vice President and Vice President respectively, of the Corporation named in the foregoing Agreement, and they severally acknowledged to and before me that they executed said Agreement on behalf of and in the name of said Corporation as such officers; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular Corporate authority; that they are duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. ~.I131 W.I. TNESS WHEREOF, I have hereto set my hand and affixed my official seal this ~r~.~.o~ day of~_ .~/~_/?.~.~ , A.D. 1999. . ~' Not~ Public ifi'~d for the Coun~ ~d State aforesaid. My Co~ission Expires: ~~ ~ ~/ (q~C~. NOI..Ah # CC~m~; .. Page 2 of 2 MAY ? 5 !999 Preserving and enhancing Florida's quality of life since 1966 HOLE, MONTES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS April 19, 1999 '99 APR 20 PR 2 08 Mr. Micah K. Massaquoi, P.E. Collier County Government Center, Bldg. D Office of Capital Projects Management 3301 East Tamiami Trail Naples, FL 33962 RE: IMMOI~LEE ROAD, PHASE II - COLLIER COUNTY PROJECT NO. 69101 PROPOSED SCOPE OF SERVICES AND FEE FOR STREET LIGHTING HM&A FILE NO. 89.99 Dear Mr. Massaquoi: Hole, Montes & Associates, Inc. (HM&A) is pleased to resubmit this proposal to Collier County (County) for providing professional engineering services to prepare the design of street lighting along Immokalee Road to and including the intersection with C.R. 951. HM&A is providing costs and services associated with the street lighting design. SCOPE OF SERVICES (See Attachment - Pages 1 to 5). Task 9.00 Street Lighting Plans, Task 14.00 Additional Final Bidding and Contract Documents and Task 15.00 Additional Advisory Services During Bidding will have additional fees. SUBCONSULTANTS HM&A proposes to utilize the firm of Southwest Transportation Engineering for street lighting services outlined in Task 9.00, 14.00 and 15.00 of the Scope of Services. 3. ADDITIONAL SERVICES Services not specifically included herein will be performed on a time and material basis in accordance with the rate schedule attached to this proposal. Additional services will be performed only as requested and authorized by the County. When such additional services can be identified in advance, HMA will provide an estimated fee and obtain written authorization from the County. 4. SCHEDULE HMA proposes to complete the tasks described in the Scope of Services within eight (8) weeks of receipt of a written notice to proceed with a completion schedule, generally as indicated below. i,:'I12.F PRESIDENTIAL COLIRT Per Cent Complete Weeks Following NTP 60% 3 90% 3 100% 2 FORI MYERS, FLORIDA :t31119 941-4817874 FAX !hll M k¥ 5 1999 Letter to Mr. Micah K. Massaquoi, P.E. Dated April 19, 1999 HM&A File No. 89.99 Page 2. The purpose of this proposal is to include complete street lighting design plans to accompany roadway plans for bidding. In order to achieve that schedule only one week of review time can be allowed at both the 60% and 90% review submittals. The 60% review submittal will be to show street lighting design progress and provide a budget cost estimate and quantities. 5. FEES AND COMPENSATION HMA proposes to complete the tasks described in Scope of Services for a total proposed fee of $46,660. A projected man-hour and cost summary (3 pages) is attached which provides a breakdown of each proposed task fee. All tasks are proposed to be lump sum tasks. Invoices will be submitted at each month end in an amount proportional to the percentage of actual work completed during the respective billing period for lump sum tasks and on a time and material basis for not to exceed tasks. Thank you for the opportunity to submit this proposal and we look forward to working with you on this project. Very truly yours, HOLE, MONTES & ASSOCIATES, INC. WALTER W. KEENE, P.E. Project Manager WWK/cn Attachments CCi R. Murray W. Gilcher W:\ 1989\1089099\WWK\Bridgc Proposal\M KM 90419.doc HAY ? 5 1999 Date: SCOPE OF SERVICES FOR IMMOKALEE ROAD, PHASE II, 1-75 TO C.R. 951 SUPPLEMENTAL SERVICES-STREET LIGHTING PLANS April19,1999 Section 1. GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following professional services which shall constitute the GENERAL SCOPE of the SUPPLEMENTAL SERVICES. The CONSULTANT shall prepare final plans and specifications, cost estimates, bid documents, and coordinate all utility system adjustments, for the construction of street lighting improvements and appurtenances. The lighting will consist of conventional highway light poles and luminaires and/or placement of bracket arms and luminaires on new FPL power poles placed at the R/W lines of Immokalee Road and associated intersection lighting at C.R. 951 and Broken Back Road with one light pole and luminaire on the north side of the Broken Back Road bridge. Section 2. TASKS Pursuant to the GENERAL SCOPE of SUPPLEMENTAL SERVICES stated above, the CONSULTANT shall perform all services and/or work necessary to complete the following tasks(s) and/or provide the following items(s). Task 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 index Public Involvement Program (NOT USED) Additional Engineering and Land Surveys (NO ADDITIONAL SERVICES) Geotechnical Services (NO ADDITIONAL SERVICES) Environmental Inventory (NO ADDITIONAL SERVICES) Off-Site Storm Water Improvements (NOT USED) Bridge Plans (NO ADDITIONAL SERVICES) Roadway Plans (Basic Services) (NO ADDITIONAL SERVICES) Utility Coordination (NO ADDITIONAL SERVICES) Street Lighting Plans Additional Structural Plans-Box Culvert Extension (NO ADDITIONAL SERVICES) Additional Signing and Pavement Marking Plans; Signalization (NO ADDITIONAL SERVICES) Railroad Crossing Design and Coordination (NOT USED) Additional Permits (NO ADDITIONAL SERVICES) Additional Final Bidding and Contract Documents Additional Advisory Services During Bidding Post-Design Services (NOT USED) TASK 1.00-PUBLIC INVOLVEMENT PROGRAM (NOT USED) TASK 2.00-ADDITIONAL ENGINEERING AND LAND SURVEYS SERVICES) TASK 3.00-GEOTECHNICAL SERVICES (NO ADDITIONAL SERVICES) TASK 4.00-ENVRIRONMENTAL INVENTORY (NO ADDITIONAL SERVICES) TASK 5.00~OFF-SITE STORM WATER IMPROVEMENTS (NOT USED) TASK 6.00-BRIDGE PLANS (NO ADDITIONAL SERVICES) TASK TOO-ROADWAY PLANS (NO ADDITIONAL SERVICES) TASK 8.00-UTILITY COORDINATION (NO ADDITIONAL SERVICES) TASK 9.00-STREET LIGHTING PLANS 1999 (NO ADDITIONAL CONSULTANT shall be responsible for coordination with the applicable utility companies in order to minimize potential street lighting construction conflicts. CONSULTANT shall coordinate with FP&L in order to establish existing points of power service, as well as, proposed service points. Photometric calculations will be performed in order to ensure uniform street lighting. Photometric calculations will be based on the use Collier County's desired lighting system. The desired street lighting specifications will be established by Collier County prior to initiation of the design. CONSULTANT will prepare basic street lighting plans in accordance with the criteria set forth by the FDOT, AASHTO and Collier County. Final plans will be prepared which will include the necessary voltage drop calculations, conduit sizes and locations, service point details, miscellaneous electrical engineering details, proposed pole sizes and locations and removal of existing luminaires and light poles. Roadway plans will be modified to include street lighting references including indexing and sheet numbering. The 11" x 17" Street Lighting Plan Set will include: 1. Key Sheet 2. Tabulation of Quantities Sheet 3. Pole Detail and Legend Sheet 4. General Notes Sheet 5. Lighting and Electrical Details Sheet 6. Plan Sheets (Scale 1"=40') HAY 2 5 !999 Task 9.01 Basic Plans (60%). The CONSULTANT shall submit to the COUNTY four (4) sets of 1 l"xl 7" prints of the preliminary plans for review. Plans will include: a) Plan sheet showing poles, luminaires and appurtenances. b) Copies of intersection lighting and design. c) A budget estimate of cost of constructing the street lighting shall be included. d) A quantity estimate shall be included. Task 9.02 Detail Plans (90%) The CONSULTANT shall submit to the COUNTY four (4) sets of 1 l"x17" prints of the final street lighting plans along with two (2) sets of draft bid documents including technical specifications. Task 9.03 Design Notes and Computations The CONSULTANT shall submit design notes and computations to document the design conclusions reached during development of the final construction plans. The design notes and computations shall be recorded in 8 V2" X 11" computation sheets, fully titled, numbered, dated, indexed and signed by the designer and checker. Computer output forms and other oversized sheets shall be folded or otherwise reduces to 8 V2" X 11" size.. The data shall be bound for submittal to the COUNTY. Two (2) copies of the appropriate design notes and computations shall be submitted to the COUNTY at 90%. When the plans are submitted for final review, the design notes and computations, corrected for the COUNTY comments, shall be resubmitted. At the 100% stage, a final set of the design notes and computations, shall be submitted with the record set of plans and tracings. The design notes and calculations shall include, but not be limited to the following data: 1. Design criteria used for this project. 2. Documentation of decisions reached resulting from meetings, telephone conversations, or site visits. 3. Calculations of quantities for all items set forth in the Bid Form. Each drawing of each submittal shall be signed by the appropriate professional engineer for the type of work depicted on the drawings. Each set of plans and each page of the design computations and quantity computation shall be signed and checked by the appropriate design professional in accordance with Florida Department of Transportation's Roadway Plan Preparation Manual, Chapter 30. TASK The CONSULTANT shall conduct plan progress meetings with the COUNTY at 60% and 90% submittals. Each progress meeting shall be a verbal presentation supplemented with the progress plans (1/2 size plans), displays or other visual aids. 10.00-ADDITIONAL STRUCTURAL PLANS-BOX CULVERT EXTENSION (NO ADDITIONAL SERVICES) TASK 11.00-ADDITIONAL SIGNING AND PAVEMENT MARKING PLANS: SIGNALIZATION (NO ADDITIONAL SERVICES) TASK 12.00-RAILROAD CROSSING DESIGN AND COORDINATION (NOT USED) TASK 13.00-ADDITIONAL PERMITS (NO ADDITIONAL SERVICES) TASK 14.00-ADDITIONAL FINAL BIDDING AND CONTRACT DOCUMENTS Once the final street lighting plans have been approved by the COUNTY, a final set of bidding and contract documents will be prepared for the construction of the improvement. This task will include the following: Task 14.01 Final bridge plans, a quantity computation booklet and summary of quantities, and Engineer's Opinion of Probable Construction Cost. Task 14.02 Final signing and marking, signalization at four intersections, or other plans, summary of quantities, and Engineer's Opinion of Probable Construction Cost. Task 14.03 Special provisions and other appropriate contract documents for incorporating the requirements of the Florida Department oir Transportation, US Army Corps of Engineers, Department of Environmental Protection, and South Florida Water Management District and any other agency having jurisdictional authority over the project in the bid documents. Task 14.04 Complete plans and contract documents ready for bid including all forms, general conditions, all approved permits, and other material as may be required. Task 14.05 Provide the COUNTY with one (1) set of signed and sealed contract documents for the COUNTY records. Provide the COUNTY one (1) set of mylar (reproducible) plans and one (1) set of reproducible Technical Specifications for COUNTY bidding. All final plans to be full size on 24" X 36" sheets. The COUNTY will produce plan sets and contract document booklets for distribution during bidding. Task 14.06 Final street lighting plans, a quantity computation booklet and summary of quantities and Engineer's Opinion of Probable Construction Cost. Complete plans and contract documents ready for bid including special provisions, general conditions and full size final plans on 24" x 36" mylar sheets. Provide the COUNTY with one (1) set of signed and sealed contract documents for the COUNTY records. 4 TASK 15.00-ADDITIONAL ADVISORY SERVICES DURING BIDDING After approval of construction plans and bidding documents by the COUNTY, the CONSULTANT shall perform the following services: Task 15.01 Attend and participate with the COUNTY in scheduling and presenting a Pre-Bid Conference. Task 15.02 Respond to Bidders' inquiries and prepare addenda for issuance by the COUNTY. TASK 16.00-POST-DESIGN SERVICES (NOT USED) A SCOPE AND FEE MAY BE NEGOTIATED BY THE COUNTY AND THE CONSULTANT AT THE COMPLETION OF THE DESIGN PHASE PRIOR TO COMMENCEMENT OF CONSTRUCTION. CONSULTANT SHALL PREPARE THE SCOPE OF SERVICES FOR THIS TASK, IF IT IS THE COUNTY'S INTENT TO HAVE THE CONSULTANT PERFORM CONSTRUCTION PHASE ENGINEERING SERVICES. W:\1989\1989099\WWK\B\Scope of Scrvices 4-19-99.doc 5 PREPARED SY: WW~/WFG HOLE, MONTES & ASSOCIATES, INC. HMA PROJECT NO, 89.99 DATE ~ IMMOKALEE ROAD IMPROVEMENTS, PHASE II (I-75 TO C.R. 951) ADDITIONAL TASKS STREET LIGHTING PROJECTED MANHOUR & COST SUMMARY ENGR ENGR SURV 3 MAN HMA MAN ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA COST SUBCONSULTANT$ ..... TASKNO. TASK DESCRIPTION __ $110.00 $95,00 __$75~0_?_. $_.5.5~?.0_ $_~?00 _$~55j~O0__~. $_~_D0_0.0__ $~0._00 $5500 $98.00 $4500 TOTAL TOTAL ................ SWTE ITOTALCOST TASK 1.0e PUBMC INVOLVEMENT PROGRAM {NOT USEDI T~SK 2.01 ROADWAY SURVEY 0 $0 ! J $0 TASK 2.02 UNDER~ROUND I~TILITIES (NOT USED) ' ~ $0 S0 TASK 2.03 BRIDGE SITE SURVEY .... 0 $0 $0 TASK 2.00 TOTAL 0 01 0 0 0J .... 0 0, 0 0 0 0 $0 $0 $0 $0 ._S0 TASK 3,00 GEOTE~H. SERv~DE$ INO ADD. SERV.) TASK 3.01 GEOTECHNICAL INVESTIGATION .... 0 $0, "$0 tASK 3.00 TOTAL 0 0' 0 ~0J 0 ----~ -- 0 0 ---' 0 0 0 0 $0 S0 ~(~' $0'! S0 TASK 4.00 ENVIRON. INVENTORY [NO ADD. S ERVIC__ES_} TASK 4.01- ENVIRONMENTAL INVENTORY 01 0 0 g 0 0 0 0 0 $0 $0 $0 $0 TASK $.~0 OFF-SITE STORM WA~TER IMPROVEMENTS INO7. USEDJ ;TASK 6.0~ BRIDI~E PLANs (NO ADDmONAL SERVICES) TASK 6.01 BRIDGE DEVELOPMENT REPORT I 0 $0 ! SO TASK 6.02 GRADES AND GEOMETRICS (30%) 0! $0 ! $0 TASK 6.03 ;~.~JC PLANS (60%) 01 $0 .50 TASK 6.04 DETAIL PLANS (90%) O $0 Su TASK 6.00 TOTAL 0 0 0 0 0 0 0 0 0 0 0 TASK ~,~ ROADWAY PLANS (NO ADD~IONAL SERVlCESl UTIUTY COORDINATION (NO ADDITIONAL TASK SERVICES) . TASK 8.01 UTILITIES NOTIFICATION 0 $0 TASK 8.02 UTILITY COORDINATION -- 0 TASK 8.03 :INA[. UTILITY RELOCATION PLANS 0 $0 ~.~ $0 ITASK 8.00 TOTAL O OI 0 0 0 0 0 0 0 0 O I 0 $0 $0 $0 $0 ~P,t $0 2:20 PM ................ Page 1 of 3 PREPARED BY: W~I(/WFG HOLE, MONTES 8, ASSOCIATES, INC. HMA PROJECT NQ 89.99 DATE: ~ IMMOKALEE ROAD IMPROVEMENTS, PHASE II (I-75 TO C.R. 951) ADDITIONAL TASKS STREET LIGHTING PROJECTED MANHOUR & COST SUMMARY t ENGR ENGR 5URV 3 MAN HMA MAN ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA SUBCONSULTANTS TASK NO. TASK DESCRIPTION $110.00 $95.00 $75.00 $5500 $65.00 $55.00 $90.00 $70.00 $5500 $98.00 $45.00 TOTAL TOTAL SWTE. __[ T_OT AL_C. O_~S. _T TASK 0.00 STREET UGHTING PLANS TASK 9.01 BASIC PLANS (60%) ITASK 9.02 DETAIL PLANS (90%) 8 4 2 14 $1.$10 $18.105 $19.215 TA~K 9.03'°'' DESIGN NOTES AND CoMPUT~Ti~I~S .................. 8 --~ ................... -~ .... /i .... ~ i~ ~0- .......... $1.1~0 ! $3.070 TA~K 10-09 BOX CULVERT EXTENSION . (NO ADDITIONAL SERVICES} TASK 10.01 DETAIL PLANS (90%) 0 $0 I ... $0 TASK 10.00 TOTAL o o o o o o o o o o o o i ~o ~ ~ so I so TA~K 11.00 SIGNING.No ADO, SERViCEs}PAVEMENT MARKING & SIGNAL PLANS . TASK 11.01 DE-rAIL PLANS (90%) 0 $0 TASK 11.02 BA~C SIGNALIZATION PLANS (60%) {3 $0 TASK 11.03 )E'TAIL SIGNALIZATION PLANS (90%) 6 ~0 I $0 TASK 11.00 TOTAL 0 O 01 0 0 0 0 0 0 0 0 tl $0 $0 $0 $0 RAILROAD CROSSING DESIGN & COORD INQT t TASK 12.00 USED)t I ..- TASK 12.01 PRELIM RAILROAD CROSSING LAYOUT & COORD 0 $0 TASK 12.02 RR CROSSING DESIGN BY RAILROAD 0 $0 TASK 12.03 RR CROSSING DESIGN BY THE CONSULTANT 0 $0 !TASK 12.00 TOTAL 0 0 0! 0 0 0 0 0 --0 O! 0 0, t -- ,, ,~ *~u,c==mDr~l ;~*;~nan~oo vl~ Page 2 of 3 2:20 PM PREPARED BY: WWY, JWFG HOLE, MONTES & ASSOCIATES, INC, HMA PROJECT NO. 89.99 DATE: 4/5/99 IMMOKALEE ROAD IMPROVEMENTS, PHASE II (I-75 TO C.R. 95t) ADDITIONAL TASKS STREET LIGHTING PROJECTED MANHOUR & COST SUMMARY ENGR ENGR SURV 3 MAN I HMA MAN I ENGR V ENGR IV ENGR III ENGR I TECH V TECH III SURV V SURV IV TECH IV CREW TECH IV HR HMA SUBCONSULTANTS I TASK NO. TASK DESCRIPTION i $110.00 $95.00 $76.00 $55.00 $65.00 $55.00 $90.00 $70.00 $55.00 $98.00 $45.00 TOTAL TOTAL , SW'FE .! TOT~A_L.~COS_T -- I TASK 13.00 PERMITS (NO ADDITIONAL SERVICES) ! ! .., [ ...... TASK 1301 COORDINATION W~TH B G CYPRESS BASIN ....... I 0 SO ! S0 PERMIT APPLICATION SUPPORT - STORMWATER 0 S0 ~ SO TASK 13.02 MANAGEMENT .... ---~ 0! : -- TASK 13.00 TOTAL 0 0 0 0 0 0 01 0 --~ - 0 FINAL BIDDING & CONTRACT DOCUMENTS 'ASK 14.00 (ADDITIONAL SERVICES) __ __ TASK 14.01 BRIDGE PLANS W/CCE --- -- 0 $0 $~) SIGNING. PAVEMENT MARKJNG & SIGNALIZATION 0 $0 ] S0 TASK 14.02 PLANS W/CCE - -- TASK 14.03 TECHNICAL SPECIFICATIONS/SPECIAL CONDITIONS 0 $0! $0 -- 0 TASK 14.04 CONTRACT DOCUMENTS ................. I TASK 1405 SIGNED/SEALED BID SETS 0 $0 $0 STREET LIGHTING PLANS TASK t4,00 TOTAL ...... ~ ....... 2 ...... ~ ..... ~ ----~ ...... ~ ...... 0 0 0 0 0 12 $700----- S4.670 $5,370 AOO[~IONAL ADVISORY S ~R ~ (~ _1 ~_S_D_U~R I_N~ ..................................... TASK,S.00 "IDr".~ .............................................. TASK 15'01 iPRE'SID CONFERENCE BID OPENING/EVALUATION/RECOMMENDATION 0 $0 I S0 TASK 15.~ mT US~) _ TASK 15.~ UNIT PRICE BID TABULATION (NOT USED) 2 -- 0 TASK 15.00 TOTAL 0 0 ~ 0 0 01 0 0 0 2~ 4 $280 $0 S0 S835 $1,115 TASK t6.00 POST-DESIGN SERVICES (NOT USED} - I TOTAL COST S2,660 $110 $910 S0 ~0 $0 S0! $01 $630 S4,310 S01 $0 S42,3.50I S46.660 IMMOKFEEPROL ~lht n~040599.xls Pa~;~ 3 of 3 2:20 PM May 25, 1999 Item #16B4 BID NO. 99-2928 TO CONSTRUCT A MASTER PUMP STATION AND FORCE MAIN FOR THE CONNECTION OF EAGLE CREEK PUD AND OTHER DEVELOPMENTS TO THE COLLIER COUNTY SEWER SYSTEM, PROJECT NO. 73057 - AWARDED TO FLORIDA STATE UNDERGROUND, INC. IN THE AMOUNT OF $209,394.95 Item #16B5 EXCEEDING THE LIMIT OF $25,000.00 ON PURCHASE ORDERS FOR ORTHO/POLYPHOSPHATE UNTIL A REBID IS COMPLETED AND AN AWARD MADE Item #16B6 MID-YEAR ADJUSTMENTS TO WATER MANAGEMENT CAPITAL IMPROVEMENT FUND 325 Item #16B7 AGREEMENT TO REIMBURSE DEVELOPER OF ISLANDWALK FOR EXPENSES RELATED TO CONSTRUCTION OF STORMWATER MANAGEMENT FACILITIES IN THE AMOUNT OF $158,400.00 Page 116 PlAY 2 5 1999 ISLANDWALK STORMWATER MANAGEMENT AGREEMENT THIS ISLANDWALK STORMWATER MANAGEMENT AGREEMENT ("Agreement") is entered into by and between the SUNCO BUILDING CORPORATION, a Florida corporation, whose mailing address is 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida 33418, ISLANDWALK DEVELOPMENT COMPANY, a Florida corporation (hereinafter collectively referred to as "Developer"), whose address is 6005 Vanderbilt Beach Road, Naples, Florida 34119 and COLLIER COUNTY, FLORIDA ("County"), a political subdivision of the State of Florida, whose mailing address is Administration Building, 3301 East Tamiami Trail, Naples, Florida, 34112, this,~'//~!day of~'~)~X/ , 1999. WITNESSETH: WHEREAS, IslandWalk Planned Unit Development is a new development, to be built by Developer, on real property which encompasses certain real property, known as the Harvey Brothers Farm located in the Harvey Basin; and WHEREAS, the Harvey Basin is a four square-mile area, bounded on the east by CR-951, on the north by CR-846, on the south by Vanderbilt Beach Road Extension, and on the west by Units 96 and 97 of Golden Gate Estates in Collier County, Florida; and WHEREAS, present stormwater drainage in the Harvey Basin occurs by means of overland sheetflow, generally from the northeast to the southwest, and is inhibited by the existence of farm ditches and dikes through and around the Harvey Bros. Farm; and WHEREAS, recent land developments, which include two school sites together with the Heritage Greens Planned Unit Development, along the south side of CR-846, discharge north, -1- March 16, 1999 MAY 5 1999 through culverts under CR-846 into the Cocohatchee Canal and, thereby, such off-site stormwater discharge is directed through a watershed boundary into the adjacent drainage basin; and WHEREAS, due to the hightail water elevations in the Cocohatchee Canal, along the north side of CR-846, during the 1995 "Rainy Season", stormwater drainage through the CR-846 culverts backed up and flooded developments south of CR-846; and WHEREAS, presently the undeveloped Sections 27 and 34, along the eastern side of the Harvey Basin endure an inadequate stormwater outfall, detrimental to the public's health, safety and welfare, and thereby, are in immediate need of a stormwater drainage system designed to provide a positive outfall to the south and west; and WHEREAS, at ultimate build-out, the IslandWalk Stormwater Management Plan shall provide a stormwater drainage flow for the Harvey Basin, from the north and the east, to be accepted into and routed through the internal systems of lakes and drainage improvements planned for IslandWalk Development; and WHEREAS, with the development of IslandWalk, the surrounding areas are in immediate need of a new stormwater drainage system to protect the public's health, safety, and welfare relief; and WHEREAS, in order for the IslandWalk Stormwater Management Plan to provide drainage flow through for the Harvey Basin without unsightly and hard-to-maintain ditches around the perimeter of the IslandWalk Development, the Developer will be required to incur additional costs for design and construction of interim outfall ditches, and for connecting piping, and for oversizing components of the project's internal structure; and surface water management system including the outfall -2- March 16, 1999 MAY ? 5 1999 'WHEREAS, development of IslandWalk, together with the IslandWalk Stormwater Management Plan, shall be phased over several years which shall, in the meantime, allow Harvey Bros. Farm to continue farming those portions of the property not under actual construction; and WHEREAS, the continual agricultural operation of the subject property by Harvey Bros. Farms fails to provide the level of required drainage relief now demanded by new developments in the Basin, including the two school sites, in order to prevent further flooding; and WHEREAS, it is in the public's best interest that an "interim" stormwater drainage plan be provided to meet the present and future stormwater drainage needs described above; and WHEREAS, Developer and County are desirous of entering into this Agreement to provide for Developer's design and construction of an "interim" stormwater drainage system and for the design, construction and oversizing of permanent improvements to provide drainage flow for properties within the Harvey Basin, the cost of which shall initially be born by Developer but shall be reimbursed in part by County as further set forth below. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE REPRESENTATIONS AND OF THE JOINT AND MUTUAL COVENANTS CONTAINED HEREIN, AND IN FURTHER CONSIDERATION OF THE BENEFITS TO FLOW FROM ONE TO THE OTHER, THE PARTIES HERETO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AS SET FORTH HEREIN: 1. Authority_. Developer has full right, title, interest, authority and power to execute this Agreement, to be bound by its terms and conditions, and to further deliver this Agreement, pursuant to the terms and conditions as set forth herein, to County. Developer is the fee simple title holder -3- March 16, 1999 NAY 2 5 1999 or contract purchaser of the real property located in Sections 33 and 34, T48S, R26E (the legal description and property folio number which is further set forth on Exhibit A attached). 2. IslandWalk Stormwater Management Plan. The IslandWalk Stormwater Management Plan ("Master Plan"), has been designed by Developer and reviewed and approved by South Florida Water Management District ("SFWMD") and County, which Master Plan provides for an internal surface water management system for IslandWalk Development and a drainage outfall structure and outfall ditch, designed to accommodate the off-site flows as shown on Exhibit B-Page 1, attached. The maximum acreage and the peak discharge per acre resulting from the 25-year, 3-day storm event discharging from off-site into the IslandWalk Development is 1,824.3 acres and 0.055 cfs per acre, respectively. Developer shall provide fifteen foot wide drainage easements and connecting piping and appurtenant improvements from IslandWalk's internal surface water management system to the connection points as iljustrated by the attached Exhibit B-Pages 1, 2, and 3 (structure numbers S- 209A, S-260, S-100, S-99 and S-99A) with the specific alignments determined solely by Developer. The design, permitting and construction of off-site drainage facilities to these connection points, including off-site control structures, shall be the responsibility of County. 3. Interim Stormwater Drainage. Developer has granted and County has accepted the temporary drainage easements attached hereto as Composite Exhibit "C" Pages 1 and 2 to serve off- site properties prior to the development of those portions of IslandWalk Development which shall be necessary to accommodate off-site stormwater flows. The temporary easements shall be used for the construction and implementation of "interim" drainage ditches running along the north, south and west sides and through a portion of the IslandWalk Development (Section 33) at the locations shown on Exhibit "C" - Page 1. The "interim" stormwater drainage ditches which have been -4- March 16, 1999 MAY Y 5 {999 designed and penuitted by Developer and approved by County shall be constructed concu~ently with the iirst phase of the IslandWalk Development. Said temporary easements shall be vacated by the County and the "interim" stonuwatcr drainage ditches removed by Developer upon completion of the relevant potions of IslandWalk Development's internal surface water management system into which the off-site improvements shah be connected. 4. Pen-nits. Developer has obtained an Environmental Resource Pen'nit ("ERP"} ~'om SFWMD to construct and operate Master Plan improvements and the "interim" stonuwater drainage ditch. ^ copy o£the ERP is attached as Exhibit "D". Both Developer and County agree to comply with the ERP conditions and other applicable regulations from regulatory agencies having appropriate jurisdiction. $. Costs. Developer shall bear the initial iinancial responsibility for the design and construction of the "interim" stormwater drainage ditches. Therefore, Developer agrees to pay the costs of design, permitting, construction of and removal of the "interim" ditches. County, however, agrees to reimburse Developer for the reasonable actual costs, certified by the Engineer of Record in accordance with Section 2.22B of the IslandWalk PUD document, of design, permitting, construction and removal of the "interim" stormwater drainage ditches. The estimate cost of the "interim" stormwater drainage ditches is Eighty-one Thousand Seven Hundred Three Dollars and no/100 ($81,703.00). Developer shall also bear the initial financial responsibility for design and construction of connecting piping and oversizing of internal components of IslandWalk's permanent Master Plan as shown in Exhibit "B". Therefore, Developer agrees to pay the costs of design, permitting and construction of the connecting piping and oversized Master Plan components. The -5- March 16, 1999 estimated cost of the connecting piping and oversized Master Plan components is One Hundred Thirty-three Thousand Four Hundred Ninety-four Dollars and no/100 ($133,494.00). As provided in Section 2.22B of the IslandWalk PUD Ordinance, County shall reimburse Developer for the cost of the appraised value of any property utilized and for the actual cost of the connecting piping and the estimated additional cost of the oversizing of components of IslandWalk's permanent Master Plan. All actual costs to be reimbursed by the County shall be certified by Developer's engineer. County shall reimburse Developer for 72% of the total actual cost of the improvements as certified by the Engineer of Record. The Developer is waiving the right to reimbursement from the County for the fair market value of the temporary easement described in Exhibit "E". The appraised value of the permanent easement described in Exhibit "F" is Two Hundred Twenty-seven Thousand Seven Hundred Eighty-four Dollars and no/100 ($227,784.00). Developer agrees to convey to County the Water Management easement identified in Exhibit "F" subject to payment of the fair market value. County shall be responsible for all costs of conveyances. The costs shall be spread over four (4) years per Cost Summary Table Exhibit "G". 6. Vanderbilt Beach Road Drainage Swale. Upon completion of construction of the "interim" stormwater drainage ditches, County agrees that the Developer may, at its option, fill that portion of the existing Vanderbilt Beach Road Drainage Swale located within and/or adjacent to Section 33, provided that, Developer shall be responsible for providing the required water management infrastructure and for designing its Master Plan to accept runoff from the roadway section, for that portion of Vanderbilt Beach Road, adjacent to Section 33 into IslandWalk Development, in accordance with the aforementioned ERP from SFWMD.. -6- March 16, 1999 MAY 5 1999 7. Water Quality and Quantity. It is anticipated that within the Harvey Basin, parcels of lands will be developed that will discharge stormwater to drainage works to be constructed by the County in accordance with the Harvey Basin Stormwater Master Plan. Said County operated drainage works will discharge stormwater through the IslandWalk water management system. In order to protect the water resources of IslandWalk, the County and SFWMD shall regulate the design, permitting, construction, and operation of 1), new and/or proposed developments and 2), drainage works that are part of the Harvey Basin Stormwater Master Plan, to ensure that water quality and quantity criteria, as set forth by SFWMD and FDEP, are met prior to stormwater discharge to the IslandWalk water management system. Water quantity discharging to the IslandWalk water management system from the Harvey Basin shall be limited to a total of 1,825 acres discharging at a maximum rate of 0.055 cubic feet per second per acre for the 25-year, 3-day storm event. 8. Maintenance of Drainage Easements by County. County, at its sole cost, shall operate and maintain the off-site drainage works under County control which are connected or otherwise convey runoff to easements in IslandWalk, and County agrees to comply with all SFWMD and Florida Department of Environmental Protection rules and with IslandWalk's ERP conditions, particularly, Special Conditions 4, 5, 6, 10 and 11 and General Conditions 3 and 14 and should County fail to so comply, County shall, within ninety (90) of a notice of violation, remedy the violation to the satisfaction of the agency having jurisdiction. 9. Notices. All notices to Developer shall be in writing and sent by registered, certified mail to: Sunco Building Corporation, 4500 PGA Blvd., Suite 400, Palm Beach Gardens, Florida 33418 and IslandWalk Development Company, 6005 Vanderbilt Beach Road, Naples, Florida 34119. All notices to County shall be in writing and sent to: Director, Stormwater Management Department, 3301 East Tamiami Trail, Building H, 3rd Floor, Naples, Florida 34112. -7- March 16, 1999 1999 HAY Y 5 10. No Partnership. Nothing herein contained can create or be construed as creating a partnership between the Developer and County or to constitute the Developer as an agent of the County. This Agreement shall be administered on behalf of County by the Stonnwater Management Department. 11. Component Parts of this Agreement. This Agreement consists of the attached components, all of which are as fully a part of this Agreement as if herein set out verbatim: 12. Exhibit A Exhibit B-1 through B-3 Exhibit C-1 through C-2 Exhibit D Exhibit E Exhibit F Exhibit G Modifications. IslandWalk legal description IslandWalk Water Management Plan IslandWalk Interim Ditch Plan South Florida Water Management District Environmental Resource Permit Legal description for temporary water management easements Legal description for permanent water management easements Cost Summary - Yearly Breakdown This Agreement constitutes the entire contract and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended, in any respect unless documented in writing and signed by the parties hereto and authorized by the Resolution of the Board of County Commissioners of Collier County, Florida. 13. Effective Date. This Agreement shall become effective when executed by the parties and approved by the Board of County Commissioners of Collier County, Florida. IN WITNESS WHEREOF, Developer and County, have each respectively, by their authorized person or agent, herein set their hands and seals on the date and year first above written. -8- March 16, 1999 HAY ? 5 1999 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Printed or T~pe~l~ame sig~a~u~ Printed or Typed Name SUNCO BUILDING CORPORATION, a Florida Corporation By: Mi Vice President STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stormwater Management Agreement was acknowledged before me this 16th day of March, 1999, by Corporation, a Florida corporation. Printed or Typed Na(ne ' jgb.'o/ Signatul~ Printed or Typed N~c Michael D. Rosen as Vice President of Sunco Building He is personallyJc~own to me. . . . ' / Signa{~re ofl~otary' Public ~/} Elizabeth M. Dillingham Printed Name of Notary Public ISLANDWALK DEVELOPMENT COMPANY, a Florida Corporation By: Mi~c ~>°~'"'~ e President -9- March 16, 1999 STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stormwater Management Agreement was acknowledged before me this 16th day of March, 1999, by Michael D. Rosen as Vice President on behalf of IslandWalk Development Company, a Florida corporation. He is personally known to me. ~. ..'_4: {I ~'~f'": FXPI~ES:Ja.ua~9,2003 Ii ~ ~ ..... ':~,, :"~ .-.' ~ ~ Deputy Clerk ApprOved as to-¢o~'~d legalsuf~cienc~, /: ~~Heidi F. Ashto~' ~--Assist~t County Attorney Signat~e ~)f-l~otary P~blic - Elizabeth M. Dillingham Printed Name of Notary Public BOARD OF COUNTY COMMISSIONI~RS OF COL-LIER COUNTY. FLORIDA/ G:\users\BETSY~WP8\SUNCO\DRAINAGMREV.wpd -10- March 16, 1999 EXHIBIT "A" LEGAL DESCRIPTION All of Section 33, Township 48 South, Range 26 East, Collier County, Florida AND The Southwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, subject to an easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof, AND The South 1/2 of the Northwest 14 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 .East, Collier County, Florida, and subject to an easement for public road right-of-way over and across the West 10 feet thereof, AND The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida, and subject to an easement for public road right-of-way over and across the North 30 feet thereof and the West 30 feet thereof. LESS AND EXCEPT: The following described property situate, lying and being in Collier County, Florida. The South 170 feet of Section 33, Township 48 South, Range 26 East, and the South 145 feet of Section 34, Township 48 South, Range 26 East, by Drder of Taking, Case No. 86-1456-CA-01- HDH, recorded in OR Book 1215, page 1662. 05/29/98- W-LH401 !.DOC Exhibit I I I I (~£ ocwL) c)o~Pol~ srw~tD P£RU~ ! 11-0t1~4-$ LANO US~ SUm~RY AGRICULTURAL SrW~O p£man ! ]1-00164-5 'kX/IL$ON ~- M I L L E Ri'~l~°~:,suNc° eu~ KLrY M~ SEE S~EET 4 W I L,.._~_._... ~-.~.--~S 0 N -0' M I L L E R J~=__.*~c° ~,u~,~ couuou~o~ _i L VAI_L[Y GIJI"I~R T'~ I INLrT D~'TAIL SIP.. WILSON MILLER I I $£CTION C-C ~~mu DffcH cR°ss s£clloNs ~ Form Rcv PERMITTEE: US_0_ZU_.T~. ~-',QRIDA WATER MANAGEIV~~' i~T DISTRICT ENVIROI~MENT~ RESOURCE PERA~I* NO. 11-01507-P EXHIBIT - HARVEY BROTHERS FARMS. INC. ( I SLANDWALK) 90 LOGAN BLVD. NORTH. NAPLES . FL 34109 D DATE ISSUED: JULY !0, 199' MAY ? 5 1999 PROJECT DESCRIPTION: CONCEPTUAL APPROVAL OF A SURFACE WATER MANAGEMENT SYSTEM TO SERVE A 704,7 ACRE RESIDENTIAL DEVELOPHENT. DISCHARGING TO THE 1-75 CANAL VIA THE VANDERBILT BEACH ROAD DITCH AND AUTHORIZATION FOR CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 649.8 ACRES OF THE 704.7 ACRE RESIDENTIAL SITE. PROJECT LOCATION: COLLIER COUNTY . SECTION' 33.34 I'WP: 48S RGE: 26E ?him Per~lt ia lamoed pursuant Co A~plicaciofl ~$} 97032S-3 , dated ~arch 2S, 1~97. PerwiCCem agrees to hold and ma~ cbs South Florida Water fl&flagenenC District and l;m muccemmorm harmless gro~ 0J1y &nd all damages,claims or liabilities T~ls Pe~it may be treno£er~ed ~]rlU~t to the oppropriate provisions of Chapter 2?3. F.S, and Sections 40E-1.¢107(1) (2). ~d 40f-4.351(l),(2)0~fld (4)° Florida XclminietFetive Code Them Ferule may be revoked, eumpeflded0 or modified and Sections 40E-4.251(1), (2), and Thio Peruit Ihall be subject Co the G~fleral Cond~tiofls iet forth in Rule 40g-4.311,F.X.¢.0 uAleem valved or modified Governing Board. The Application, end ~he Surface w~or ~ana~emefl~ S~a~ Rcvle~ Summa~ o~ the ~plicacion. c~dicioni, and ill plans and opecigic&ci~s integrated ~ reference, are a parc of chis p,~lc. ~1 activities auC~riz p*~c~d acCivi~, tho ~e~i~Cee ohal~ ouht~ a vFl~Cen ocac~m~nc oE c~p~eC[on and ce~icaCion by a p~[eI0i~aI engineer or ocher app~priace individual, ~rmuanC co the Jpp~prizCe p~vimione Sections 40I-4.3~Z and q0E:4.31Z, In the event the property is sold or otherwise conve~ed, the PeruitCee viii reuein liable got coupliance until trafleger II approved by the District purmuanC to Rule 40E-1.~1070 F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2-4 OF 7 - 18 SPECIAL CONDITIONS. SEE PAGES 5-7 OF 719 GENERAL CONDITIONS. FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER. MANAGEMENT DISTRICT ON BY Origfnal signed by: SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS. GOVERNING BOARD O.gmal sign~ b.~ TONY BURNS ASblSIANI SE CRI:'fAI(Y -'ich ohio Permt PAGE I OF 7 Exhibit D PI. ANNF. RS, ENVIR('~NMENTAL CONSULTANTS, ENGINEERS, ~l;lt4FY¢~l~, J.AI'41)f;(j..%I'F ,&It(:IiITEC:'FS, C]ONSTRtJ(:I'I()N MANAGERS Exhibit 'E' MAY ? 5 1999 Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement # 1) All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENC/NG at the southwest corner of said section 33; thence along the west line of said Section 33, North 01°23'36",West 170.13 feet to a point on the north right of way line of Vanderbilt Beach Road (C.IL 862); thence continue along said west line North 01 °23'36" West 2587.71 feet; thence leaving said west line South 89007'32" East 54.04 feet to the POINT OF BEGINNING of the easement herein described; , thence continue South 89007'32" Eas~ 2914.97 feet~ thence South 00°46:57" West 1404.85 feet; thence South 06030'53" East 444.52 feet; thence South 03°07'54" West 277.90 feet; thence southerly, southeasterly and easterly, 461.,18 feet along the arc cfa circular curve concave northeasterly, having a radius 286.50 feet, through a central angle of 92°lY48'' and being subtended by a chord which bears South 42°59'01" East 412.98 feet; thence South 89005'55" East 38.62 feet; ~ thence South 47046'33" East 114.31 feet; thence South 00054'05'' West 90.00 feet to a point on the north right of way line of Vanderbilt Beach Road (C.R. 862); thence along said line North 89005'55" West 33.94 feet; thence leaving said line North 47046'33" West 114.36 feet; thence North 89005'55" West 5.16 feet; thence westerly, northwesterly and northerly, 605.25 feet along the arc cfa circular curve concave northeasterly, having a radius 376.00 feet, through a central angle of 92°13'48' and being subtended by a chord which bears No~th 42°59'01" West 541.99 feet; thence North 03007'54" East 270.78 feet; thence North 06030'53" West 442.67 feet; thence North 00046'57" East 1320.66 feet; thence North 89007'32" W~st 2767.51 feet; thence North 01023'36" West 90.14 feet to the POINT OF BEGINNING of the easement herein described. g 13/97-07720001MLB ~(/II..'4r.)N, MII. I.EIt, BARTL~N ~t Pl-.'EK, IN(:. ~200 B~Ji!C¥ L~.m, ~.itc 200, N~H~lcs, Fh~rida ~410%~07 ' Ph 941 -649-4040 Fx 941-64 t-5716 w~.~, s~,,.: ,,. .......... ~l~,,,,,,,mb,..~.,,,,, ]~.,,,,,i~: ,,,,,,b*~*,,',~,,,,,,,,Ik.r.,~,,,,, page 1 Of 2 Exhibit ~i' VI LSON -~':'~ M I L L r' '. Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement it 1) Continued: HAY ? 5 Subject to easements and restrictions of record. Bearings are assumed and based on the west line of said Sec~tion 33 being North 01o23'36'' West. WILSON, MII.I.ER, BARTON & PEEK, INC. J~l~ S. ~ggs, Profession~ur~ Mapper Florida Registration No. 3516 Not valid unless embossed with the Professional's seal. W.O.: N-0772-011-001-PSCAL REF.: 4L-1401 DATE: May 2, 1997 Revised May 16, 1997 Revised June 4, 1997 Revised June 13, 1997 1999 6/l~J97-O7710005.mlb page2 of 2 PLANNERS, ENVIRONMENTAL CONSULTANTS~ ENOINEERS~ ,qURVEYOlt,.q, [.AMI)SC:APE ARClllTECTS, CONSTRLJCTION MANAGERS 2 5 1999 Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement #2) All that part of Section 33, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of said section 33; thence along the west line of said Section 33, North 01°23'36" West 170.13 feet to a point on the north right of way line of Vanderbilt Beach Road (C.I~. 862); thence continue along said west line North 01o23'36" West 2587.71 feet to the POINT OF BEGINNING of the easement herein described; thence continue North 01o23'36" West 2587.71 feet to the northwest comer of,said Section 33; thence along the north line of. said Section 33, South 89008'26" East 2644.18 feet; thence continue along said line South 89o09'08" East 1049.34 feet; thence leaving said line South 24012'06" West 13.32 feet; thence South 50°22'51" East 308.76 feet; , thence South 81°26'41" East 99.00 feet; thence North 82°51'23" East 29.59 feet; thence North 83°52'43' East 35.96 feet; thence North 70o50' 12" East 49.94 feet; thence North 55°26'15" East 73.74 feet; thence North 29°49'49'' East 57.40 feet; thence North 18°51'09" East 23.75 feet; thence North 71o10' 15" East 23.17 feet; thence North 88037'28" East 39.06 feet; thence North 87o06'49" East 69.76 feet; thence North 63002'07'' East 59.90 feet; thence North 43048'58" East 49.13 feet to a point on the north line of said Section 33; thence along said line South 89009'08'' East 834.91 feet to the northeast comer of said Section 33; thence along the east line of said Section 33 South 01025'50" East 60.05 feet;- thence leaving said line North 89009'08" West 864.93 feet; thence South 63002'07" West 58.97 feet; thence South 87006'49'' West 75.20 feet; thence South 88037'28" West 32.83 feet; thence westerly and southwesterly, 10.26 feet along the arc cfa circular curve concave to the southeast, having a radius of 10.00 feet, through a central angle of 58°47'3 9" and being subtended by a chord which bears South 59013'39" West 9.82 feet; ~/II. 5ON, MII. I.EI~,, BAI~.I'~.~N ~.. I'~EI:K, JNt:. 1200 Bailey I.~,,~c, Suite 200, N;lpJcs, Fh~rida 14105-8507 ' Ph 941-649-4040 Fx 941-643:5716 Exhibit ," :qlLSON M I LLr Description of part of Section 33, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement #2) Continued: 1999 thence South 29o49'49'' West 77.88 feet; thence South 55o26' 15" West 82.44 feet; thence South 70°50' 12" West 55.93 feet; thence South 83°52'43'' West 38.49 feet; thence South 82°51'23" West 32.69 feet; thence North 81°26'41" West 108.98 feet; thence North 50°22'51" West 269.02 feet; thence North 89°09'08'' West 1065.22 feet; thence North 89o08'26" West 2562.51 feet; thence South 41o18'41" West 44.61 feet; thence South 01°:~Y36'' East 2493.70 feel.; ' thence North 89°07'32'' West 49.04 feet to a point on the west line of said Section 33 and the ?OINT OF BEGINNING of the easement herein described. Subject to easements and restrictions of record. Bearings are assumed and based on the west line of said Section 33 being North 01°23'36" West. WILSON, MIIlJ~R, BARTON & PF_.~K, INC. se S. ggs, P~:o/'essio~-ai SilVer & Mapper ~da Re~' lstration No. 3516 Not valid unless em. bossed with the Professional"s seal. W.O.: REF.: DATE: Revised Revised Revised Revised N-0772-011-001-PSCAL 41,-1401 May 2, 1997 May 16, 1997 May 23, 1997 June 4, 1997 June 13, 1997 Pag¢2 of 2 Exhibit E PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, gtJRVEYORS, LANDS(';.,\;'F. ]3xhibi t Description of part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Temporary Drainage Easement #3) All that part of Section 33 and part of the west 1/2 of the southwest 1/4 of Section 34, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of said section 33; thence along the west line of said Section 33, North 01 °23'36" West 170.13 feet to a point on the north fight of way line of Vanderbilt Beach Road (C.R. 862); thence along said north fight of way line South 89°06'49" East 1328.72 feet; thence continue South 89006'26" East 1322.86 feet; thence continue South 89°05'55" East 620.01 feet to the POINT OF BEGINNING of the easement herein described; , thence leaving said line North 0:0°54'05" East 60.00 feet; thence South 89o05'55" East 2065.62 feet; thence South 01°25'50" East 85.08 feet to a point on the north fight of way line of Vanderbilt Beach Road (C.R. 862); thence along said line in the following Three (3) described courses; 1. North 89°05'10" West 50.04 feet to a point on the east line of said Section 33; 2. along said line North 01o25'50" West 25.02 feeti~ 3. leaving said line North 89°05'55" West 2018.02 feet to the POINT OF BEGINNING of the easement herein described. Subject to easements and restrictions of record. Bearings are assumed and based on the west line of said Section 33 being North 01 °23'36" West. Prepared by: WILSON, MILLER,' BARTON & PEEK, INC. ~4R7~O772000~.mlb Marcus L. Berman, Professional Surveyor & Mapper Florida Registration No. 5086 Not valid unless embossed with the Professional's seal. W.O.: N-0772-011-001-PSCAL REF.: 4L-1401 DATE: May 2, 1997. REVISED May 6, 1997. REVISED June 4, 1997. WILSON, MII. I. ER, BAI~TC)N k~. PEEK, IN(.:. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 ' Ph 941-649-4040 Fx 94 i -643-5716 ",X&..l~ Site: www.wils(,~miller.c.m [£-m;,il: nalqes~wflso~miller.c,m~ PLANNERS, ENVIRONMENTAL CONSULTANTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS, CONSTRUCTION MANAGERS HAY 2' 5 1999 Exhibit F Description of part of Sections 33 and 34, Township 48 South, Range 26 East, .Collier County, Florida. (Drainage Easement) All that part of Sections 33 and 34, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows; COMMENCING at the southwest comer of said section 33; thence along the west line of said Section 33, North 02°11'37" West 170.13 feet to a point on the north right of way line of Vanderbilt Beach Road (C.R. 862) and the POINT OF BEGINNING of the easement herein described; thence continue along said west line North 02°11'37" West 2587.71 feet; thence leaving said west line South 89o55'32" East 54.04 feet; thence South 02°11'37" East 115.31 feet; thence North 82°14'32'' East 365.27 feet; thence South 07o45'28" East 19.34 feet; thence South 86001'39'' East 844.03 feet; thence North 78%8'03" East 990.42 feet; thence North 04°39'01'' East 2545.66 feet to a point on the north line of said Section 33; thence along said line South 89o56'27" East 15.05 feet; thence leaving said line South 04°39'01 West 2542.65 feet; thence North 78°58'03'' East 611.72 feet; thence North 42°10'21'' East 2076.14 feet; 60020'33" East 414.62 feet; 87°08'06'' East 594.06 feet; 02° 13'50" West 1111.97 feet to a point on the north line of said Section 33; said line South 89°57'09'' East 30.02 feet to the northeast comer of said Section thence South thence South thence North thence along 33; thence along the east line of said Section 33, South 02013'50'' East 1128.51 feet; thence leaving said line North 87o08'06" West 629.09 feet; thence North 60o20'33" West 406.16 feet; thence South 42°10'21" West 1868.44 feet; thence South 52°01 '56" East 652.67 feet; thence South 00°08'23'' West 633.43 feet; thence South 67o12' 10" East 2205.68 feet; thence South 21°22'41'' West 479.59 feet to a point on the east line of said Section 33; thence along said line South 02°13'50'' East 559.75 feet to a point on the north right-of-way line of Vanderbilt Beach road (C.R. 862); thence along said line North 89°53'55'' West 15.02 feet; 6111/98-077200 ! 7.MLB WILSON, MILLER, BARTON ~. PEEK, INC. 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 · Ph 941-649-4040 Fx 941-643-5716 Web Site: ,~r,,,~.,~tso~,~,mer. co,, E.~l~: napte,Q,~son~titer.pl~e 1 of 2 Naples Fort Myers Sar~om Br~nton 'I LSON M I L L E Description of part of Sections 33 and 34, Township 48 South, Range 26 East, Collier County, Florida. (Drainage Easement) Continued: thence thence thence thence thence thence South 42°10'21'' thence South 78o58'03" thence North 86°01'39" thence South 07o45'28" thence South 82014'32" leaving said line North 02013'50'' West 562.27 feet; North 21°22'41" East 468.10 feet; North 67o12, 10" West 2201.04 feet; North 00008'23" East 636.07 feet; North 52o01'56" West 646.43 feet; West 185.62 feet; West 1624.68 feet; West 842.89 feet; East 19.34 feet; West 370.53 feet; thence South 02°11'37" East 2418.16 feet to a point on the north right of way line of Vanderbilt Beach Road (C.R. 862); thence along said line North 89o55'02" West 54.04 feet to a point on the west line of said Section 33 and the POINT OF BEGINNING of the easement herein described. Subject to easements and restrictions of record. Beatings are assumed and based on the west line of said Section 33 being North 02°11'37" West.' WILSON, MILLER, BARTON & PEEK, INC. Marcus L. ~5erman, Professional Surve~'~& Mapper Florida Registration No. 5086 Not valid unless embossed with the Professional's seal. W.O.: N0772-020-010-RSGSS REF.: 4L-1451 DATE: May 22, 1998 REVISED: June 11, 1998 6/11/98-07720017,MI.,B Page 2 of 2 Exhibit F IslandWalk Stormwater Management Agreement Cost Summary Item Year 1998 1999 2000 2001 2002 Intedm Improvements $ 76,503 $ - $ 5,200 $ - $ - Permanent Improvements $ 71,030 $ 16,972 $ 6,192 $ 39,300 $ - Drainage Easements $ 10,867 $ 132,366 $ - $ 84,551 $ - Total $ 81,703 $ 133,494 $ 227,784 Total $ 158,400 $ 149,338 $ 11,392 $ 123,851 $ - $ 442,981 3/10/99 cost.xls SUPPORT INFORMATION FOR THE ISLANDWALK STORMWATER MANAGEMENT AGREEMENT 1. INTRODUCTION The IslandWalk Stormwater Management Agreement is a proposed agreement between SunCo Building Corporation and Collier County which provides a mechanism for the IslandWalk project to implement and be reimbursed for a portion of the Harvey Basin stormwater master plan. The agreement is in draft form and has been preliminarily reviewed by John Boldt. These comments have been incorporated into Draft #2. The information consists of the following: · A brief history of the Harvey Basin and the efforts by Collier County, SFWMD, and IslandWalk to implement drainage works within the basin. · An analysis which compares the drainage easements needed to implement the original Harvey Basin Plan and those needed with the plan permitted by IslandWalk. · Cost analysis for those IslandWalk improvements which implement the Harvey Basin Plan. · Summary of benefits realized by IslandWalk participation in the implementation of the Harvey Basin Plan. 2. BACKGROUND The Harvey Basin is a four square mile area bounded to the north by Immokalee Road, to the east by CR 951, to the south by Vanderbiit Beach Road~ and to the east by Golden Gate Estates Units 96 and 97. Over the years the basin has been subdivided into smaller lots with little regard for master drainage works. Farms in the southern portion of the basin have cut off'historic sheet flow to the south. Developed parcels along the south side of Immokalee Road were then forced to direct stormwater discharge to the north into the Immokalee Road canal. The result is collection of land parcels with no defined drainage outfalls and which are subject to periodic flooding problems. The County and South Florida Water Management District recognized the problem and in 1996 the County stepped forward and prepared a basin master plan which when implemented would provide positive drainage to the land parcels within the basin. The master plan called for a series of drainage ditches and water control structures placed in easements up to 60 feet wide straddling mutual property lines. The ditches were designed to serve all lands within the basin. I 1 II 9/9B.-49867 Vet:. 01 I-MSal, NO 772 -013-008- ECO R -20943 About the same time as the study was released, the IslandWaik project, which consists of 705_+ acres located in the southwest quadrant of the basin, began its water management permitting. It quickly became apparent that IslandWalk had the potential to become a key factor in implementing the Harvey Basin Plan. From this sprang a partnering effort between Collier County, SFWMD and IslandWalk. Through a series of partnering meetings, a water management plan was developed for IslandWalk that would mutually benefit the Harvey Basin by allowing blocked drainage from the north to flow through the lake system in IslandWalk. The plan also included a basin hydraulic model which simulated storm events for Harvey Basin, IslandWalk, and the · Vanderbilt Beach Road canal down to the D-2 weir. The plan and the basin model were the basis for a SFWMD EKP permit which was issued in 1997 for the IslandWalk project. The permit approved the Harvey Basin concept and allowed construction of the IslandWaik water management system including the inflow points in IslandWalk and the main Harvey Basin control structure. In addition, the permit allowed for the construction of an interim ditch system through IslandWalk which then allowed the County to route flow to the south and provide immediate flooding relief to lands to the north. These interim ditches have been constructed and are functional. 3. COST SUMMARY Attached is a cost analysis package which provides the following: A comparison between expected costs for these improvements associated with the 1996 Harvey Basin Plan and the expected costs for the plan as implemented by IslandWalk. Note the comparison includes only those respective improvements adjacent to and within IslandWalk and does not igclude those improvements adjacent to properties upstream of the input points to IslandWalk. The comparison shows that the IslandWalk project through its accommodation and implementation of a major portion of the Harvey Basin Plan can save the County approximately $358,000. Support information for the cost analysis above. A drainage easement analysis which demonstrates that the IslandWalk project will substantially reduce the County easement acquisition costs and will reduce the number of property owners that the County will deal with during the easement acquisition process. The original Harvey Basin Master Plan called for a series of drainage easements ranging in width from 40 to 60 feet that would be secured from properties throughout the basin. The easements are for drainage ditches and water control structures, and would straddle 11119/98-49867 V=r: 011-M~aI¢ N0772-013-o08- ECOR-20943 mutual property lines. In thc vicinity of IslandWaik, the east boundary, thc west boundary, .and a portion of the north boundary would bc affected, by the easements. The total required easement acreage around IslandWalk is 19.3 and would affect 12 properties. The attached map illustrates the easements. IslandWalk has permitted, with the agreement of SFWMD and Collier County, a water management plan which allows off-site water from the Harvey Basin to be routed through the project. Entry points into the IslandWalk system along with the master Harvey Basin weir were designed and permitted. Flow through easements were identified. The IslandWalk plan required only 4.6 acres of easements affecting only 3 properties including IslandWalk. ' By implementing the IslandWalk plan, the County can realize a savings of 14.7 acres of easements that do not have to be purchased along with a reduction of 9 properties that do not need to be negotiated. 4. BENEFITS The implementation of the IslandWalk water management plan offers the following benefits to the County. IslandWalk has partnered with Collier County and SFWMD to refine, permit, and implement a significant portion of the Harvey Basin Plan. SFWMD issued an ERP for IslandWalk which included a water management model covering the Harvey Basin. Thus, the Harvey Basin plan is conceptually permitted via the IslandWalk ERP. · The development oflslandWalk has offered immediately drainage relief to the drainage blocked areas to the north including Dove Point and the new high s. chooi. The IslandWalk water management plan allows for all Harvey Basin drainage to flow through the project lakes, thus eliminating the need to secure most drainage easements across multiple properties surrounding the IslandWalk properties. Implementation costs to the County are reduced by approximately $358,000. The number of property owners the County needs to negotiate easements with are reduced. I 1/19/98-49867 V~t:. OI N0772-013-00g- ECOR-10~),I3 IslandWalk Stormwater Management Agreement Page 1 Page 2 Page 3&4 Page $ Comparison of Harvey Basin 1996 Plan and Harvey Basin Plan with lslandWalk Participation Supporting Calculations for 1996 Plan Costs Supporting Calculations for the Plan with IslandWalk Participation Drainage Easement Analysis 12/14~98 COST.XLS IslandWalk Stormwater Management Agreement Comparison of Harvey Basin Plan 1996 and Harvey Basin Plan with IslandWalk Participation HAY § 1999 Harvey Basin Harvey Basin Plan with IslandWalk Plan 1996 Participation $ $ 82,000 $ 306,000 $ 133,000 $ 495,000 $ 228,000 $ 801,000 $ 443,000 $ 358,000 Interim Improvements Permanent Improvements Drainage Easement TOTAL Savings to the County: Note: See page 2 for 1996 Harvey Basin Plan details See pages 3 and 4 for IslandWalk Partic!pation details 12/14198 Page 1 COST.XLS IslandWalk Stormwater Management Agreement Supporting Calculations for the 1996 Harvey Baain Plan Costs MA¥2 5 1999 Calculations: 12/14~98 Canal Type "B" /I Canal Type "C" ,, I i I 25' 30' 0'[ Islandwa;k VBR ~30 "C" 1996 Plan Permanent Improvements: (Includes only those master planned improvements to be constructed adjacent to IslandWalk See Harvey Masterplan, 1996) Clearing & (]rubbing (Burn On-site) Drainage Easement Area = 15.70 acres 15.70 acres ~} $1800.00 per acre = $ 28,260 Canal Excavation 11,900 lineal feet of Canal Type "C" * Cross sectional Area of 150 square f 66111 Cubic Yards 2,700 lineal feet of Canal Type "B" * Cross Sectional Area of 88 square ft 8800 Cubic Yards 74911 Cubic Yards ?4,911 cubic Yards ~i $3.00 per Cubic Yard = $ 224,733 , (Cost includes excavation, maintenance access road, disposal of excess fill, and stabilization) Professional Fees (Including 1996 Masterplan. SFWMD and Collier County Permitting $ 52,800 Hydrologic and Hydraulic Model of the Ha~cy Basin, Constuction Drawings and Speeificafions prcparation,.Bidding and Engineering Serviees During Construction) ~ Permanent Improvement Total 1996 Plan Drainage Easement Drainage Easement Ama = i 5.70 acres 15.70 acres ~ $31,549 per acm = (From appraised value of land) $ 305,793 $ 495,319 Page 2 COST.XLS IslandWalk Stormwater Management Agreement Drainage Easement Analysis MAY2 5 1999 Pronosed drainaae easements in the Hawev Basin Study (Johnson Enolneerino-199§) Number of properties affected by easementm=8 Number of properties affected by ealmllentl=5 ' 25' ,30' 10'~ Islandwalk VBR ,30' 30', Number of propmtiem affected by easements=4 30' '30' 30" Easement Areas on Islandwalk Properties= Easement Areas on Other Properties= Total Easement Areas= 9.57 acres 9.77 acres 19.34 acres Total number of properties affected by easements= 17 Note: the Golden Gate Estates 30' easement along the west boundary of Isiendwalk was previously dedicated to Collier County by plat ProDosed drainaae easements as deDiCted bv Wqlson Miller In Stormwater Manaaement A_ereement Number of properties affected by easements=O Numbe~' of properties affected by easements=0 ' '1' 15' i- --:-- 30' ..... _~P'_, ~4': --',', 15' I ','~ ,sland~a,l~: VBR Number of properties affected by easements=2 Easement Areas on Islandwalk Properties= Easement Areas on Other Properties= Total Easement Areas= 3.82 acres 0.78 acres 4.59 acres Total number of properties affected by easements= 2 Note: the Golden Gate Estates 30' easement along the west boundary of Isiendwelk was previously dedicated to Collier County by plat 1~14/o8 Page 5 COST,XLS May 25, 1999 Item #16B8 BUDGET AMENDMENT APPROPRIATING LAWSUIT SETTLEMENT PROCEEDS IN THE ROAD AND BRIDGE FUND IN THE AMOUNT OF $94.322.03 Item #16B9 AWARD BID NO. 99-2994 FOR ACTIVATED CARBON TO CHEM-TRADE INTERNATIONAL OF CANONSBURG, PENNSYLVANIA IN THE AMOUNT OF $60,000.00 (75,000 LBS) ~ .79/LB Item #16B10 WORK ORDER TO CAMP DRESSER AND MCKEE, INC. FOR ENGINEERING SERVICES RELATED TO UPDATING THE WASTEWATER EFFLUENT MASTER PLAN, PROJECT 74029 IN THE AMOUNT OF $73,700.00 Page 117 HAY25 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 May 25, 1999 Item #16Bll AGREEMENT TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR FOR SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY WATER AND WASTEWATER MUNICIPAL SERVICE BENEFIT UNIT Page 118 AGREEMENT FOR THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD OF THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE BENEFIT UNIT TO REIMBURSE THE PROPERTY APPRAISER AND TAX COLLECTOR FOR SERVICES RENDERED FOR THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE BENEFIT UNIT This Agreement for Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service Benefit Unit to Reimburse~thea~roperty Appraiser and Tax Collector (the "Agreement") is made and entered into thisc~,~TM day ot~Qq4~x] , 1999, by and among Board of County Commissioners as Governing Board of the ~olden Gate Parkway Municipal Service Benefit Unit, CMSBU"), Abe Skinner in his capacity as the Collier County Property Appraiser, ("Property Appraiser"), and Guy L. Carlton in his capacity as the Collier County Tax Collector, ("Tax Collector"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises, covenants, representations, and agreements contained herein, together with the ten dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, the parties to this Agreement do undertake, promise and agree for themselves, and their successors as follows: SECTION 1. FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It is hereby ascertained, determined and declared by the parties that: (A) The MSBU is authorized to impose non-ad valorem assessments and by appropriate resolution shall express its intent to use the uniform method of levy, collection and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, under which assessments are included on an assessment roll and certified, in a compatible electronic medium tied to the property identification number, by the MSBU to the Tax Collector for merging with the ad valorem tax roll, for collection by utilizing the tax notice provisions described in Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds under the non payment provisions of the ad valorem tax laws (the "Uniform Method"); (B) The Uniform Method, with its enforcement provisions including the use of tax sale certificates and tax deeds to collect delinquent annual payments, is less expensive and more equitable to the delinquent landowner than the traditional lien foreclosure methodology; (C) The Uniform Method will provide for more efficient collection by virtue of the assessment being on the tax notice issued by the Tax Collector and will produce positive economic benefits to the affected landowners and the MSBU; (D) The Uniform Method will promote local government accountability; Page 1 of 5 NAY 2 5 1999 (E) This Agreement is intended to conform with the requirement of Section 197.3632, Florida Statutes, that the MSBU, the Tax Collector and the Property Appraiser enter into a written agreement providing for reimbursement of administrative and actual costs incurred as a result of the use of the Uniform Method; such administrative and actual costs include, but are not limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage and programming; (F) The non-ad valorem assessments to which this Agreement applies are being levied for the first time for the Golden Gate Parkway Municipal Service Benefit Unit which comprises eleven properties located along the south side of Golden Gate Parkway just east of Santa Barbara, Unit 7, Block 230, lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida; and (G)This Agreement is entered into in order to provide for the use of the Uniform Method relative to non-ad valorem assessments imposed under the Golden Gate Parkway Municipal Service Benefit Unit which comprises eleven properties located along the south side of Golden Gate Parkway just east of Santa Barbara, Unit 7, Block 230, lots 1 through 11, in Section 28 South, Township 49 South, Range 26 East, as recorded in Plat Book 5, Page 140 of the Public Records of Collier County, Florida or its successor in function. SECTION 2. INCORPORATION. The findings, recitals and acknowledgments contained herein are true, correct and incorporated in this Agreement. SECTION 3. PURPOSE. The purpose of this Agreement is for the MSBU, the Tax Collector and the Property Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section 197.3632, Florida Statutes, in order to implement the Uniform Method for the notice, levy, collection, and enforcement of non-ad valorem assessments; and to provide for reimbursement by the Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service Benefit Unit to the Tax Collector and the Property Appraiser for all actual costs incurred by them in such activity. SECTION 4. COMPLIANCE WITH LAWS AND REGULATIONS. The parties shall abide by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem assessments, and any ordinance promulgated by the MSBU, not inconsistent with, nor contrary to, the provisions of Sections 197.3632, 197.3635, Florida Statutes, as amended, and any applicable rules duly promulgated by the Department of Revenue. Page 2 of 5 2 5 1999 SECTION 5. DUTIES AND RESPONSHBLITIES OF THE MSBU. The MSBU shall: (A) Reimburse the Property Appraiser for all actual costs incurred, upon receipt of an invoice fully itemizing the costs incurred, by the Property Appraiser in providing the information and cooperation more particularly referenced in Section 6 hereof, (13) Reimburse the Tax Collector for all actual collection costs incurred, upon receipt of an invoice fully itemizing the costs incurred, in the collection of the assessments, pursuant to Section 197.3632, Florida Statutes; (C) Pay for or alternatively reimburse the Tax Collector for any separate tax notices necessitated by the inability of the Tax Collector to merge the non-ad valorem assessment roll certified by the MSBU pursuant to Section 197.3632(7), Florida Statutes; (D) Post the non-ad valorem assessment for each parcel on the non-ad valorem assessment roll in a manner that such non-ad valorem assessment roll is free of errors and omissions; (E) By September 15 of each calendar year, cause the Chairman of the Board of County Commissioners as Governing Board of the Golden Gate Parkway Municipal Service Benefit Unit, or his or her designee, to officially certify to the Tax Collector the non-ad valorem assessment roll on compatible medium, tied to the property parcel identification number, in a manner that conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to the Department of Revenue; and (F) Cooperate with the Tax Collector and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes, as amended. SECTION 6. DUTIES AND RESPONSIBILITIES OF THE PROPERTY APPRAISER. The Property Appraiser shall: (A) Annually by June I provide the MSBU with at least the following information by compatible electronic medium: 1) The legal description of the property within the boundaries provided by the MSBU describing the subject municipal services taxing and benefit unit. 2) The names and addresses of the owners of such property. Page 3 of 5 MAY 2 3) The property identification number of each parcel in a manner that conforms to the format of the ad valorem roll submitted to the Department of Revenue. 5 1999 4) Any other information reasonably needed by the MSBU to create, re- compute, reconfigure, revise, correct or otherwise formulate the non-ad valorem assessment roll. Provided, however, the Property Appraiser is not required to submit information which is not on the ad valorem roll, compatible electronic medium submitted to the Department of Revenue, or otherwise readily available and reasonably accessible from his records; and (B) Cooperate with the MSBU and the Tax Collector to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically, Sections 197.3632 and 197.3635, Florida Statutes, as amended. SECTION 7. DUTIES AND RESPONSIBILITIES OF THE TAX COLLECTOR. The Tax Collector shall: (A) Prepare a collection roll and prepare a combined notice for both the ad valorem and non-ad valorem assessments in accordance with Chapter 197, and applicable rules promulgated by the Department of Revenue and in accordance with any specific ordinances and resolutions adopted by the MSBU, so long as said ordinance and resolutions shall themselves not be inconsistent with or contrary to, the provisions of Chapter 197, specifically, Sections 197.3632 and 197.3635, Florida Statutes; (B) Collect the non-ad valorem assessments of the MSBU as certified to the Tax Collector no later than September 15 of each calendar year; provided such roll is on compatible electronic medium tied to the property identification number for each parcel and in the format used by the Property Appraiser for the non-ad valorem roll submitted to the Department of Revenue and such roll is free of errors and omissions; (C) Cooperate with the MSBU and the Property Appraiser to implement the Uniform Method of notice, levy, collection and enforcement of the subject non-ad valorem assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197, specifically Section 197.3632 and 197.3635, Florida Statues, as amended; (D) Upon determining errors or omissions on any roll, request the MSBU to file a corrected roll or the correction of the amount of any assessment by filing with the Tax Collector a certificate of correction, with a copy to the Property Appraiser and the Department of Revenue, pursuant to applicable rules provided by the Department of Revenue; and Page 4 of 5 HAY 2,5 (E) Upon determining that a separate mailing is required pursuant to Section 197.3632 (7), Florida Statutes, mail, or require the MSBU to mail, a separate notice of the particular non- ad valorem assessment. 1999 SECTION 8. TERM. The term of this Agreement shall commence upon the date first above written and shall run through the end of the calendar year and shall automatically be renewed thereafter, for successive periods, not to exceed one year each. However, the MSBU shall inform the Property Appraiser and the Tax Collector and the Department of Revenue by January 10 in any calendar year the MSBU intends to discontinue using the Uniform Method of collecting the non-ad valorem assessments referred to in this Agreement. IN WITNESS WHEREOF, the MSBU, the Tax Collector and the Property Appraiser have executed and delivered this Agreement as the date first above written. DWlG~.'~,..¥B, RO C..K, CLERK · - : ~. Approxed as-to ~O~ and legal sufficiency: "' C) ~, David W~i'gel, County A~ey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS GOVERNING BOARD OF THE GOLDEN GATE PARKWAY MUNICIPAL SERVICE BENENFIT UNIT B "Y~~ WITNESSES: COLLIER COUNTY PROPERTY APPRAISER ABE SKINNER WITNESSES: COLLIER COUNTY TAX COLLECTOR Page 5 of 5 May 25, 1999 Item #16Cl SOLE SOURCE PURCHASES FROM DATA RESEARCH ASSOCIATES, INC. FOR SOFTWARE AND HARDWARE PURCHASES FOR THE LIBRARY TO BE MADE IN FY99 AND FY00 Item #16C2 CP-99-3 RE SUMMERFEST AT GOLDEN GATE PARK; CP-99-4 RE COUNTYFEST AT VINEYARDS COMMUNITY PARK; AND CP-99-5 RE SNOWFEST AT GOLDEN GATE COMMUNITY PARK - FEES AND SURETY BOND WAIVED Page 119 HAY 2 5 1999 Pemait No. CP-99-04 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a' permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said Collier County Parks and Recreation., has requested a waiver of the Carnival Fee and Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation, to conduct a carnival or exhibition from September 24, 1999 through September 25, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for s~d ,County t~s o~ day of~, 1999. , ! ~ DWIGHT ~:~BROCK,'~i Clerk :' ~: !'~:; /'," :: :~': 'AtteSt I$ t0 CITliFllI'$ PAMELA S. MAC'KIB, Chairwoman ~:~: .":",', 2:.'"" (' ~'~ '~;'.:? J :;'%' ' Appr~v~o as tq ~onn ana Legal Suffioe~cy: Marjor~ M. Student Assistant County Attorney g/admin/sue/CP-99-02/Coun~y fest BOARD OF COUNTY COMMISSIONERS: EXHIBIT "A" Page 1 of 2 DESCRIPTION OF LANDS COUNTY UTILITY EASEMENT FOR TRACT S-4, THE VINEYARDS UNIT t AY 2 5 1999 A 15.00 FOOT WIDE STRIP OF LAND LOCATED IN THE VINEYARDS UNIT 3, AS RECORDED IN PLAT BOOK 16, PAGES 2-5, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SAID CORNER BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 89'55~24" EASTt A DISTANCE OF 83.53 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01'28~00" EAST, A DISTANCE OF 2274.11 FEET; THENCE SOUTH 22°51~12" EAST, A DISTANCE OF 27.42 FEET; THENCE SOUTH 01'28~00" EAST, A DISTANCE OF 70.70 FEET; THENCE SOUTH 20'18~58" WEST, A DISTANCE OF 26.94 FEET; THENCE SOUTH 01'28t00" EAST, A DISTANCE OF 318.95 FEET TO THE SOUTH BOUNDARY OF TRACT S-4 AND THE END OF THE CENTERLINE; SUBJECT TO EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD f"1'1 2049~TRS4U3 FND. CONC. MON. 11' CANAL DRAJNAGE F_SMT. S 22'51'12' £ 27.42' TRACT' S-4 S 01~8'00' E 2274.11' 5' CANAL MAtNT. 01'28'00' E AND ELEC. ESMT. 31~95' SOUTH BDRY. TRACT 0 I-h -- SKETCH OF EASEMENT FOR TRACT S-4, THE VINEYARDS, UNIT NOT A SURVEY 39¥8 1008 9900t)!, AMERICAN ENGINEERING CONSULTANTS, INC. 7~O HNI~OUR ~ #APt.~, FI- (813) ~le-l,,.~Sl (~F~ DA~: 11-25--92 J SCALE: 1'-100' ~D BOOK ~: . PAGE: . ~ JOB NUMB~: 2049-92-01 Petition. Copy: %~ ~ .... ,~lanager CARNIVAL OPERATION PETITION NO. d --?'~-- 'k PETITIONE~' S NAME: C'~A ~As~-A ~'ETZTION ~,/J~/y,.~/~? HAY 2 5' 1999 DATE: · - ~ J! ' PETITIONER'S ADDRESS: PROPERTY OWNER'S NAME: PROPERTY OWNER'S LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENERAL LOCATION: ::~ENT ZONING: .'PURE OF PETITION: 5i{E FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANA- 'Q ~ON, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.e.4) 3.e.7) 3.b. 3.e.2). 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3.d. Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board Approved: Conditions of Approval: of County Commissioners: Disapproved: SIGNATURE OF COUNTY MANAGER Name of event ( Kddress of event Date(s) of event Sponsor of event~~/R Address of Sponsor Person in charg.e of food service Phone <~ ~/3 ~. -- ~ ~ ~ Number of food and beverage booths Estimated number of attenders expected at the event at one time?~__~O Number of toilets to be provide~k Portable: Male (~) Permanent: Male (~) Method of toilet waste disposal: Female I~L ) Female [ ) "~scribe method of liquid kitchen waste disposal: Describe ~-'~'~' ~1~~~/~/~ waste : containers and method _Qf~tolid disposal (garbage) Number of solid waste disposal containers provided: ~escribe facilities and method of ha_nd washing: Describe facilities and m~thod.of~tensil w~lling.J~nsing~aDd Source of potable water: For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. Ah the sponsor of this event you are responsible to notify all food .vendors of the temporary food service requirements. Failure to comply. may subject the booths to be closed for public health reasons. Do you understand t~is completely? Yes ~ No MAY Z 5 ~999 I certify that to the best of my knowledge and belief all of th~, statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 1OD-13. Signatur~e/ of s~on~s r's agent Date: )-13.0292 Temporary Food Service Events (a) Temporary food service event ~ponsors Or vendors shall notify the local MRS county public health unit not less than ~hree days polo= to the scheduled event of the type of food service proposed and the rime and location of the event. Notification ~ay be completed orallyt by telephone, in person, or in writing. (bi The local HRS county pub/ag health unit shall keep a record of notifications received for pro~se~ food service events and shall provide appropriate educational material to the event soonsors or vendors. (2} Facilities - Soecific requirements loc the physical facility where the food service operation is to be conducted shall be based on the ty~e food that is to ~r~pzred or se~v~, thm length of the eventf ~nd the a~unt o~ fo~ preparation that is to . conduct~ at the temporary facility,.. (a) ~f the fo~ service operation ~ intended for the sale of only '~n-~entially hazardous fo~ or drink, the fo~ oackaqes shall be protected from dirt, and other sources of contamination during storage and serving. [b) ~erhead protection shall be provided at all fo~ sezvice operations when food is p~eoar~ o~ ~[tion~ on premises· (ri When ~tentially hazardous food Is pcepa~ at temporary fo~ service :vents o( mote than 3 days~ the ::ructure where the fo~ preps=alton occurs ~hall be p~ocecced from the entrance of flying insects and other vermin. 131 ~1 ~o~ and beve~aqe~ served a: tam--racy fo~ service events sha~l be from soo:owed sources ~n accordance with ~rovisions of ~ecCion ~0D-~3.023 of this chao:ec oc preoaced on premises. 14] Ail food served at temoocarW food service events ~hall be orotected in accordance with orovisions of section LOD- L3.024 of this chaotec. (5~ rood and fo~-contact surfaces sha~L be proCec:ed con:amination by customers and dust. Where necessary, effec:ive shields or covers be orovided. {6) Ice which wt~L be consumed which will come into contact with food sha~L be obtained from an apo~oved source only cbioo~, crushe~ or cubed form. The NAY 2 5 1999 shall be held 19 a way chat protects it from contamination until dispensed. · I?! Storage of packaged food in contact with vale= o£ undrained ice is prohibited. Wrapoed sandviches shall not he stored in direct contact vith ice. Beverage containers may be stored in direct contact v/th [ce when: la) The storage facility is equipped with adequate drains which preclude the accumulation of valor during use; (b! The melt water is dis~cx~se~ Of so as not to create a nuisance; and Icl The storage facility ts keot clean. ~81 ..H hen all necessgry washing and sanitizing of utensils and eauioment ace conducted at an aporoved commissary or food service establishm.entt a utensil washing sigk vii! not be r~gui=ed~ except thatr an adequate su~ly of apaFe preparation and serving utensils are maintained in the establishment and used to replace those that become soiled. 191 )uti food service ooerationa vhich prepare food on pcemises shall provide a9 adequate sypplyof ~x)table ~arer for cleaning and employee handvashlng.. An adequate supply~aybe provided in clean portable containers equipped with on/off valves. Soap and stnqle-setvlce towels shall be available loc hanch~ashinq and hand dry!hq. (lOt Ec{uiomenc shall be installed in such a manner that the establishment can be kept clean and the food vill not become contaminated. (11] Liquid vasce which is not discharged into a se~eraqe system shall be ~isDosed of In a manner that will not create ~ public health hazard oca sanitary nuisance. 1121 Floor construct/on in establishments vhich pceoare food on oremises shall be of durable aMterial. Dirt or gravel subflooring can be use~ vhen graded to drain, and covered with platforms, duckboards, ~lascic film, wood chips, shavings, o[ similar suitable material such as a sufficient cove= of grass oc turf co con:roi dust. 1131 Walls and ceiiinqs, whe~n required, shall be constructed to minimize the entrance of flies and dust., ~eilinqs may be of vood, canvas o£ ocher materials which protect the interior of the establishment 20 INDIVIDU_~ BOOTH NOTIFICATION FORM F~.R TEMPORARY EVENTS a=e of booth: b4 Person in charge of booth: E~Q~ ~%~ I ' Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Lo~ation of advanced food preparation: O0~cf_q-~jD ~ I~A;L~f~ How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: , Food must be protected from dust, insects, flies, coughs, sneezes. How will yo~ provide this pro~ec~ion?. Describe type of structure: ~/~ Adequate facilities and supplies shall be provided for employee handwas~hing How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 MA~2 5 1999 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: a. A surety.bond in the penal sum of $2,500, issued company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for. traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. SpeCial Events - Country Fest Page 1 of 1 · HAY 2 5 1999 S IAL Country Fest Friday, September 24th 6:00 - 11:00 pm Saturday, September 25th 2:00 - 11:00 pm . ! VINEYARDS COMMUNITY PARK FULL SCALE CARNIVAL FOOD ENTERTAINMENT FREE ENTRANCE Copyright 1998, Board For More Information 353-0404 F~uson-O4/~4/g9 http://www.co.collier, fl.us//parks/colliercountyp/specialcountry.htm 6/17/99 HAY 2 5 1999 Permit No. CP-99-05 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said' Collier County Parks and Recreation., has requested a waiver of the Carnival Fee and Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation, to conduct a carnival or exhibition from December 3, 1999 through December 5, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for,~aid CountT~his ~,n'-/q~7~ day of ,1999. ' ',; ~..' 'i" ~7'i,~ DWIGHT, E/BROG~ Clerk .' :' Attest EegalsUfOcien~: Marjo~e M. Student Assistant County Attorney 8/admin/sue/CP-99-03/Snowfest BOARD OF COUNTY COMMISSIONERS: PAMELA S. MAC'KIE, Chairwoman 0OlO O 0R BOOK ~ILSC)N, MILLER. BARTON. SGLL & PEEK. OeAcrtpttofl of A Pirt of Section 33, Tovnshlp 4g South~ Binge 26 [ilS, ° Plrcel A. 0002Z0 P. GE HAY 2 5 1999 All that part of Section 33, ?ovnshlp 46 South, Range 26 East, ¢oTller Count~, Florida l~d bllng more particular1; dlscrtbld As fOllovs; · Commencing it the northueAt corner Of SActlon 33, TOvnShtp 49 South, Binge 26 El·t, Collt·r County, FlortdA; thence &long the north 11ne of Above sactSon, Nort~ 87°-63'o26° EAst, ZZO.Q7 feet to the lilt NSght-Of-Vay of Slntl Barbara Boulevlrd and th· POZNT OF B£GZNNING of thl parcel hit·tn deAcrlbld; thence ·long the north 1She of above s·ctlon North 87'oS3'-26' EAst, 2086.Q3 feet thence South O'-06'-0Z' ilar, 706.X3 felt to the ' norther1; Night-of-Va; of · 70.0 foot Icclss told; thence Along sA~d northerly South 8g°-68'-56' Vest, 2084.24 felt to the else - Bight-of-rAy of $1flti BArblrA Boullvlrd; thence i1ong the AAtd SlAt North 02'-Z3'-03' Vest, 68.28 feet to An Ingle thence continuing ·long said east ~orth O'-OQ'-Sg' Vest, S60.73 feet to the · of Beginning; ~betng I part of $·ctton 33, Tovnshtp 4g South, RAnge 26 £1st, Collier Count;, Flor~dAi 'Sub,eOt to eesl~ent$ mhd restrictions o( re~ord& ¢onta~ntng~X.g3 Acres of 1And mo~, or less, YZLSO#, HILLER~ BARTOK, BOLL &.PEEK, .... Reg. Engineers And LAnd Surveyors §bee: August ZS, Xg83 '., ¥.0. # 20723 ~ '. · . For: BoArd of CouRt~ CommfAsSoncrA : ~., , ~'~.; ~ ': ~- ~ .... . , -- . ~~~ . · .'.~.:,... _ ~_.':'.."~ . ~:'~ . ~ ,. . ~ ~ ~ ~M~,P~P~ ~ ~w, MII ~R,P.E. · W, ~,P,E. · ~H. ~LL.P.~ · T. ~E~P.~P.~ · OR BOOK PAOE HAY 2 5 1999 .- il P A C F L All that.part of section 33, l'ownship 49 SourlY, Ran'ge 26 East, Collier County, Florida; and being more particularly described as follows; commencing at the north west corner of Section 33, Township 49 South, Range 26 East, Collier County, Florida; thence along the north line of above section, North 87"~53'-26" East, 110.07 feet to the east right-of-way of Santa Barbara Boulevard; thence along the .east right-of-way of said Santa Barbara Boulevard, South 0'-00'-59" East, 560.73 feet to an angle point in said right-of-way; thence continuing along said right-of-way South 01'-13'-03" East, 138.30 feet to the south line of the Access Road; thence along the south line of the Access Road North 89'-58r-51" East, 619.75 feet to the POINT OF BEGINNING of the Parcel herein described; thence continuing along the south line of the Access Road North 89'-§8'-51" East, 841.80 feet; thence southwesterly 93.86 feet along the arc of a circular curve concave to the .south having a radius of 1302.33 feet a=pd being subtended by a chord which bears south 69'-02'-48" West 93.49 f. eet; thence westerly 6B4.76 feet a'long .the arc of a circular curve concave to the north' having a radius of 852.91 feet and being subtended .by a chord which bears south 89'-58'-55" west, 666'.52 feet; thence northwesterly 93.86 feet along' the arc of a circular curve concave to the south' having a radius of. 1302.33 feet and being subtended' by a chord which bears north 69'-04'-58" West, g3.84'feet to the point of beginning; being a part of Section 33, Township 4g South, Range 26 East, Collier County, Florida. subject to easement and restrictions °f.record containing' 1.27 acres of land more or less. EXHIBIT A ,/ 'OR BOOK.' 'PAGE ::." HAY 2 5 1999 P/I C £ L 'D " All that part of Section 33; Township 49 South, R~nge 26 East, Collier County,. Florida and being more' particularly described as follows: Commencing at the north west co'rner jf Section 33, Township 49 South, Range 26 East, Collier County., 'Florida; thence along the north line of above section , .llorth 87'-53'-26" East, 110.07 feet to the east right-of-way of Santa Barbara Boulevard; thence along the east right-of-way of said.Santa Barbara Boulevard, South 0°-00'-59" East, 560.73 feet to an angle poi. nt in said right-of-way; thence continuing along said right-of-way South 01'-13'-03' East, 138.30 feet to the south line of the Access Road; thence along the south line of the Access Road North 89'-58'-51" East, 198.53 feet to the POIltT OF BEGIltltIltG of the parcel herein described; thence continuing along the south line of the Access 'Road. ltorth 89'-58'-55" East, 421.22 feet; thence Southeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of .,~,...1~..02.33 feet and being subtended by a. chord which ""6e'ars South 69°-04'-58' East, 93.84 feet; 'thence easterly 684.76 feet along the .arc of a circular curve concave to the north bari.rig a r~dius of 852.gl feet and being subtended by a chord which bears North 89'-58'-55" East, 666.52 feet, thence northeasterly 93.86 feet along the arc of a circular curve concave to the south having a radius of 1302.33 feet and being subtended by a chord which bears North 69'-02'-48" East, g3.84 feet to a point on the South line of.the Access Road; thence along., the south line of the Access Road )torth 89'-58'-55"'"E'ast, 421'~22 feet; thence southwesterly 494.69 feet along the arc of a circular curve concave to the south havings a radius of 1232.33 feet and being subtended by a chord which bears South 78'-28'-55" West 491.37 feet; thence westerly 740.96 feet along the 'arc of a circular curve.concave to the north, having a radius of 922.91 feet and being subtended by a chord'which bears South 89'-58'-55" West, 721.22 fee.t; thence westerly 494.69 feet along the arc circular curve concave to the south, having a radius of 1232.33 feet and being subtended by a chord which bears ltorth 78'-31'-05' West 49[.37 feet to the point of beginning; being a part of. Section 33, Township 49 South, Range 26 East, Collier County, Florida subject to easements and restrictions of record containing 1.87 acres of land more or less. EXHIBIT B Petition.. Copy: (2) County Manager CARNIVAL OPERATION PETITION /_/ ~/ TELEPHONE: LEGAL DESCRIPTION OF SUBJECT PROPERTY: GENERAL LOCATION: CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3 .a. 3.e.1) 3 .'e. 4) 3.e.7) 3.b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: (FOR EXPLANA- SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Name of event 0 ~ ~[ '- ~I~-~ a HAY 2 5 1999 Address of event ~ ~ ( C~% Date(s) of event ~/~V- ~/~; ~/~kg/~ours of operation s onso Address o~ Sponsor 3~00 __+~ C~C~~r~ ' ~/¢/ ' Person in charg~e of food service Phone ~ ~/) ~ '-- C~ .'~C~ '~ Number of food and beverage booths Estimated number of attenders expected at the event at one time?~~O Number of toilets to be provideQk Portable: Male Permanent: Male (~) ~thod of toilet waste disposal: Female (~ ) Female / ) I -:scribe method of liquid kitchen waste disposal: Describe containers and method Qf~olid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of ha_nd washing: sanitizing:Describe facilities and m~thod.of 3~tensil~/_~'t./~D w~ng.~~~d Source of potable water: For information and assistance contact: Environmental Health & Engineering Department (813) 643-8499. As 'the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand t~is completely? Ye s ~ No MAY 2 5 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments af~ true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. Signature of s~on~s r 's agent Date: ~e t~pe of foo~ se:vice proposed and the time and location of the event. Notification m~y be completed orallyr by telephone, In p~rson, or In writing. (b) The local HRS county public heal:h unl~ shall keep a record of notifications received loc prooosed temporary food service events and shall provlde appropriate educa:lonal material to the event sponsors o= vendors. (2) Facilities - Soeciflc Fequicements loc the physical facility where the food service operation Is to be conducted shall be based on the type food that is to be and the amount of food preparation that is to be conducted at the temporary facil£ty. (a) If the food service operation .s intended for the sale of only packaged, non-potentiallv hazardous food or drink, the food oackaqes shall be protected from dust, dirt, and other sources of contamination during sto=a~e and (b) Overhead protection shall be provided at all ~ood service ooerations when food is preoared or portioned on premises. (c) When potentially hazardous ~ood is prepared at temporary ~ood service events o~ more than ] days~ the physical structure where the food preparation occurs shall be protected from the entrance of [lying insects and other vermin. (3) ~ll food and beverages served at temoorary food service events shall be f~om aoo£oved sources in accordance with provisions of section 10D-13.02] of this chaoter or prepared on premises. [4) All food served at food service events shall be orotected in accordance with orovisions of section 10D- 13.024 of this chaoter. (5) Food and food-contact surfaces shall be protected contamination by customers and dust. Where neces=ary~ e~ective shields or covets shall be orovided. (6) Ice which will be consumed or which will come into contact with (ood shall be obtained from an approved source only in chioo.-d, crushed o[ cubed fo~m. The ice HAY 2 5 1999 shall be held Ina way that ~cotects it from contamination until dispensed. . il) Storage of packaged food in contact with ~atec or undrained ice is prohibited. Wrapped sandwiches shall not he stored in direct contact wlth ice. Bevera~ containers ~ay be stored in direct contac: with ice when: la) The storage facility iS equipped with adequate drains ~hich preclude the accumulation of water during use~ (bi The melt water is dlsoosed o~ so as not to create a nuisance; and lc) The storage facility is keot clean. (81 t~hen all necessary ~ashtr~ and sanitizing of utensils and eoulpment ace conducted at an a~ocoved commissary oc food se:vice establishment, a utensil washing sink will not be reguired, except that~ an adequate supply of ~pare preparation and servin~ utensils ace maintained in the establishment and used to reoiace those that become soiled. 19) Ali food service operations whlch prepare food on premises shall provide an adeguate supply of potable water cleanlnG and employee handwashlng. An adequate supply~aybe provided in clean portable containers equipped vlth on/oil valves. Soap and single-se:vice towels shall be available for handwashln~ and hand drvlnq. ~10) £quioment shall be installed in such a manner that the establishment can be kept clean and the food will not become contaminated. Ill) Liould waste which is not ~ischacged into a sewerage system shall be ~isposed of tn a manner that will not create ' a public health hazard or a sanitary nuisance. (121 Floor construction In establishments which predate food on oremises shall be of durable material. Dirt or ~ravel subflooring can be used when ~caded to drain, and covered with platforms, duckboacds, plastic film, wood chips, shavings, or similar suitable material such as a sufficient covet of grass oc turf to con:Col (131 Nalls and ceilin~s, wheD cequlred, shall be constructed to minimize the enttancq of flies and dust. Ceilings ma~ be of wood, canvas o£ other ma:crisis which protect the interior of the establishment 20 NAY 2 5 1999 .INDIVIDU__~_U_~ BOOTH NOTIFICATIO.N FOR.~ F~.R TEMPORARY EVENTS Person in charge of booth: g~t)*~lU ~0_%~ ~ ' Types of food or beverage to be served: / Florida Administrative Code, Chapter lOD-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Ldcation of advanced food preparation: O0~C~_7-q~D~ "I~A~/.~'~ How will food be transported to event location? MethOd of keeping food hot and/or cold at event site: Method of .cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you. provide this protec.tion?. Describe type of structure: ~/~-- ~;~[- ~ ~CC~ Adequate facilities and supplies shall be provided for employee handwashing How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 Excerpt from Ordinance No. 75-11 Filed Secretary of State 3/6/75 ~AY~ 5 1999 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Manager in four (4) copies accompanied by: a. A surety .bond in the penal sum of $2,5Q.3, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and e. Including the following information: 1) The name and headquarters address(es) of the %rnival or exhibition company(ies) with a direct or indirect financial nterest; name(s) and address(es) of any sponsoring organization(s), nd the name and local address of the applicant representing the ~arnival or exhibition company(ies); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances; amusement, merry-go-round and other ride activities; food and 4rink dispensing facilities; booths for conduct of games of skill or :hance not prohibited by State law to be open to the public for an dmission or participation fee and number of persons to operate the ctivities; 3) Name, identification and social security number of ~ach person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for-traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. HAY 2 5 1999 Permit No. CP-99-03 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Collier County Parks and Recreation, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or exhibition; and WHEREAS, Collier County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exlu~oition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said'Collier County Parks and Recreation., has requested a waiver of the Surety Bond; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Parks and Recreation, to conduct a carnival or exhibition from June 18, 1999 through June 19, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of Carnival Fee, Surety Bond and Occupational License is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for .~aai~'.q~.unty this t~.5'~l~, dayof ~7~ o~ , 1999. ,'. DWIGHT E. ^pproyea as :!~?orm ant Legal S~ffi~ienc~: Assistant County Attorney g/~dmin/suedCP-99-0 i BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: 0C.T-13-1994 12: 55; SECTION FROH C IER COUNTY ATTORNEY TO ??43430 p, 08 EXHIBIT "A" ~c~: NAY 2 5 TOWNSHIP 49 SOUTH~ RANGE ~6 EAST COLLIER OOUNTY~-FLOBIDA LEGAL DESCRIPTION SHEET 3 OF A Portion of Block 115 Golden Gate, u~it 4 according to the. Plat. thereof recorded in Plat Book 5 at Page 107 through 116 of .the. Public Records of.Collier County, Florida, and more parti.cularly described as follows= DESCRIPTIONI Commence at the intersection of the centerline of Golden Gate Parkway and-the centerline of Coronado Parkway. Thence N. 38~ 54~ 39" W. along the centerline of Coronado Parkway a distance of 65~00 feet to a point on the Southwesterly extension of the Northwesterly Right-of-way line of Golden Gate Parkway; thence N. 51° 05~ 21" E. along the said extension of the Northwesterly Right-of-way line a distance of 78.00 feet to a Permanent Reference Monument as shown on the plat thereof, the said Monument being also the Point ol Beginning of the Parcel herein described; thence N. 51~ 05~ 21" E. continuing along said Northwesterly Right-o~-way line a distance of 75.00 feet to a point; thence N. 28" 54~ ~9" W. perpendicular to the said Northwesterly Right-of-way line a distance of 150.O0 feet to a point; thence So 51~ 05~ 21" W. a distance of 108.7~ feet to a point on the Northeasterly Right-of-way line of Coronado Parkway; thence Southeasterly along the Northeasterly Right-of-way line of said Coronado Parkway and along the arc of a circular curve concave Southwesterly having a radius of 898.17 feet a~d a ~entral angle of 8" 00~ 00" for a distance of 125.41 feet to a point of reverse, curvature~ thence Southeasterly, ~asterly, Northeasterly along the arc of a ciroular curve having a radius of 25.00 feet an~ a central angle 90" 00~ 00" for a distance of 39.27 feet' to the Point of Beginning. Subject to easements, restrictions and reservations of record and real property taxes accruing subsequent'to December ~1, 1989, and Subject to that certain right of rever~er and express condition aescribed in the Deed recorded in Official R~cords Book 345, Page 311, and any subsequent modifications thereof, Public.Records. of Collier County, Florida. ' 001590 OR BOOK 00t036 PAGE THIS IS A SKETCH OF THE LEGAL DESCRIPTioN, T,HIS.'I$.:I~IOT: A 'SURVEy, Pass Three o[ You: " ' ' .',.'~ _- ~ .... T~- - 3'-- .~ I I I ..11 _ Jl I3--'1___ !" . _ Il . I IIII ....... . , EKOJEC't': EXHIBIT "A" ' ~c~= HAY 2 5 1999 SECTION 21~ , TOWNSHIP 49 SOUTH, RANGE ~6 EAsT COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION SHEET...", *. OF .';4 o8' oo' oo" 898.,17~ 125,41; .J 0 2 0 3,:? PAGE PA R K WAY THIS 15 A SKETCH OF THE. LEGAL DESCRIPTION, THI,S.I$' .N.O.T. A. SU:~VEY, · NOT TO SCALE. ',. ."';:=.:.'..':~;',,,~....,.",':-..,.' COLLi[E~. (Xlb'lt'~ GOVI~RI~I'~ COI'[PLE,][ .. R~~/~~ [~, _ _ __ ~u, ~ z3~6~ . ,~. ;, ... ".;",, ',,'..,:'.¥'..~.~ ~ .... (813) 774-8260 , DA~I ' '* GATE GOLDEN  'o 001590 .~ o, OR BOOK May 25, 1999 Item #16C3 SUMMER FOOD SERVICE PROGRAM GRANT FOR IM~OKALEE AND NAPLES SUMMER RECREATION PARTICIPANTS IN THE AMOUNT OF $222,500.00 Page 120 Agreement Number, 04- 804 FLORIDA DEPARTMENT OF EDUCATION DIVISION OF SUPPORT SERVICES Name of Sponsor. Collier County Parks & Recrea'l'lon INSTRUCTIONS: (1) Retum two copies of this agreement with oHginel ~gnefures prior to the beginning of ~e program to Food and Nut~ition Management, 325 West Gaines Street, Room 1032, Talahassee, Florida 32399- 0400. (2) Wher~ the agreement is approved, one copy wtll be returned to the SPonsor. In order to effectuate the purposes of the Sun-d~er Food Service Program for Children, the Florida DeparflT~nt of Application for Participation (ESE 196) (hereinafter refened to as the "Sl~ acting In behalf of each site ,sled oft the Site Informetion Sheet, (ESE 1 gT), covenant end agree as follows. A. The DEPARTMENT AGREES TO THE extent of funds available It shall reimburse the slx)nsor In accordance tha student bedy d a schcol distflof am on vacation kx s pedod of 15 or mom continuo~ days dudng the (a) Tbe amount of operatfonel reimbursentent for meals shall nof exceed the lassefaf: (2) Actua~ opereUng cam incurred by the smnsor. (b) The amouht of administrative reimbmsement for meals shall not exceed ~e __lePer__. of: (1) An amount eetimated In the spone~s appmved admin~treth~e budg~ (2) .~:tua~ adn~btredve costa Incurred by the sponsoC ot (c) Pmgrem income acoulng to a sponsor's program shall be deducted from either operating or and ~e administrative budget. B. The SPONSOR, being the authority for sugewlaion and control over the IXngrem wenants llmt, It a-- -,-'cep~ Itnal 1. Operate a nonprom food sewlce for shild~ on school vacation during the months of May through 2. Serve meals which meet the requirements and provisions set fodh in 7 CFR 225 during a period 3. Serve meals without cost to all children, except that camps may charge fur masla served to chtidren who are not eilgibta for free or reduced price school meals; 4. issoe a policy statement in ecco~r--.;e with 7' CFR 225; 5. Hold training sessions for its administrative and site personnel with regard to program duties and allow no site to opereto until site personnel have attended such training sessions, Treifdng of site personnel at a minimum shall Include: pu~3ose of the program, site ellglbaty, ~ng, site operations, meal pattern requirements, and duties of a monitor. Each sponsor shall ensure that its administrative pareonnal attend Oepartment training provided to sponsors under 7 CFR 225; and sponso~ shall provide t~lJlling sessions threugho~ the sornmer to ensure that administrative and site personnel are thoroughly 6. Claim reimbursement only for the type or types of meals specified in the agreement and ~ to children at approved sites during the approved meal service period; except that camps shall claim to ch,d,'en wf~o.m ~ibla kx fre. or reduced p,k:e sc~3o~ .'..ds; ESE 198 FOODAND NUTRmON MANAGEMENT ~gO Snpt~ Barbera BI vd. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN AGREEMENT Address: Nap I es~ FL :~41 ! 6 7. Submit ctalms fu~ reimbursement on · form provided by Ihe I:~uT, i,~ in av,~.~ar~e with ~-oce~ums 8. Maintain, In the storage, preparation, and service of food. proper sanitatk)n and health standards in confum~nce with an applicable state end local laws and re~. ulatio~: g. Purchase, In as large quantities as may be effictenlly utilized In th.,~ ~- gram, foods designated as plentiful 10. Accept and use, in as large quantities as may be efficiently utitized in the program, such foods as may be offored as ckmatod by the Depmtment; 11. Have ~ to fadllbes n __ece~___~y for storing, Ixepmlng a.d ~e~'tng f~_~: 12. Maintaln a tinencial management system as pmsoibed by the Oepartment4 13. Maintain on ltie documentation of eite vleits end reviews In accordance with 7 CFR 225; 14. Maintain ful and accurate recon:ls of all program operations under this ag~ee~:~!'! !J~:~:, ".'~,L'est make all accounts and mc~ls pertaining to the program aveilq~ to state, federal, o~ o0~e~ authorized omclals for audit or administra~ve review, at a reasonable time and place. Such records shell be retained for a period of three years altar ltm evxl of the liscel year to which they pertain, excep~ Ihat, If audit tind'egs have not C. The Sponsor hereby alFees that it will comply with Title V! of the Civil Rights Act of 1964 (Public Law ~&352, 42 U.S.C. 2000d et seq.) and all requirements Imposed by the regulations of the Depa~ment of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50), and FNS directives or regula~ons issued pursuant to that Act and the regulations, to the effect that, no person In the United States shall, on the grounds of race, color, national o~gin, sex, age, or handicap be excluded flom par0ctpatlon in, be denied the benefits of, or be ofhen~se ~ to disaimtnation under any program or activity for which the Sponsor receives federal financial assistance from the Oepertment; and hereby gives assurance that it will immediately This assurance is given in consideration of and for the purpose of obtaining any and all federal financial assistance, grants, and loans of federal funds; reimbursable expenditures; grant or donation of federal prope~ and Interest In property; the detail of federal personnel; and the sale and lease of, and the permission to use, federal Ixoperty or Interest In soch property or tho fumishthg of services without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose o~ assisting the recipient, or in rec. a~aition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any Improvements made with federal financial assistance extended to the program applicant by the Department. This includes any federal agreement, arrangement, or other contract which has as one of its puqx~as the provision of cash assistance for the pumhase of food, and cash assistance for purchase or rental of food se~ca equipment or any other Ilnenclal aeslatance extanded In rellenoe on the representations By ___-cce~_~ ng this assurance, the sponsor agrees to compile data, maintain records, and submit reports as ~:lui~d, to permit effective enfomeme~ of T~de VI and pe~Tnlt AUthorized USDA personnel during normal worldng hours to review such records, books, and accounts as ~eeded to ascedain compliance with Title VI. If them are any violations of this aseura~e~, ttm ~ of Agriculture, Food and Nutrition Service, shall hlVl ~ I~ht to ~ j~lil ~ d this'as~n~x:a. This assurance is binding en the sponsor, its II/aM~&l~ Iflel~t'eflel!, ~ ~1~ls i~ 10.9 a~ 'lhe7 receive assistance or retain possession of any ~1111~II1~ ~0111 ~1 01ti;i~dfl~[ The person or pas(ms whose eignaturas appear below are aulhorized to O. The tem~ of thla Agreement arid the <letailed information contained on the Application for Participation (ESE 19e), and the SIte Information Sheets (ESE 197), which shall be considered a pert of this Agreement, shall notbe modified or dmnged In any way other then by co~e~ th writin~ of both parties hereto. (Continued on Reverse) DOE Page 1 of 2 Dcp.rtmcnt of I:ducation i= SUMMER FOOD SERVICE PROGRAM may be ,-~_-~;~ mmmlly by Ihe r~,~; and ~e S..~- by mutual -~mam In maintain and retain rocold$ efld lO make such records avaJlab~ for audlL Termination of this FOR CHILDREN AGREEMENT SPONSORING AGENCY CERTIFICATION ~ APPROVAL Col I let County Sponsor Parks and Recreation Depar'hnen-I' .Cou~ ' Col I let My signature certifies mat the h~fommtkm submilted on Ibis fom~ and Its altachments Is true and ~ aware ~at del~erate .dsre _p~or w#hholdm of Infommtion m~y resu# In S~z~arumandTitleofAutho~zedRepmse~tive Pamela S. Hac'Kle Chalr~--= ss,o :'~ m .''.. ~.-.?."~ ' ¢:iDWIGH/- E. BROCK,, CLERY,/ ' ~ ' ~-- =: ::: . ~.. ~.' "-.. ,,-.,..~ _ A~tant County Attorney ESE 198 Admin~i~,t, Food and Nubition Manngement Pe~od of.agreement: From: Approved By: Commissioner of Education (Bo~ oook~ must h~ve 0ri;inal ~lo~_P_,_~_ ~t To: Date: DOE P~ge 2 of 2 May 25, 1999 Item #16C4 AN AGREEMENT FOR THE COLLIER COUNTY SCHOOL BOARD TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM IN THE AMOUNT OF $222.500.00 Page 121 COLLIER COUNTY PARKS AND RECREA T/ON DEPARTMENT MEMORANDUM OF AGREEMENT SUMMER FOOD SERVICE PROGRAM The District School Board of Collier County (Schools), whose address is 3710 Estey Avenue, Naples, Florida 34104, agrees to furnish approximately 3,500 meals per day to the Collier County Parks and Recreation Department (Sponsor), whose address is 3300 Santa Barbara Blvd., Naples, Florida 34116. Meals will be prepared and be available for pick up by the Sponsor at Gulf Coast High School, Immokalee High School and Highlands Elementary School in accordance with a mutually agreed schedule. The estimates for meals are: 3,000 lunches per day at ~1.85 per lunch. 500 breakfasts per day at ~1.20 per breakfast. Each meal is to meet the specifications as set forth by the U.S.D.A. Summer Food Program Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on July 1, 1999 and continue until August 6, 1999, unless the program is terminated earlier by either party. The Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any U.S.D.A. donated commodities and all federal and state meal reimbursement. The Schools shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The Sponsor shall hold the Schools harmless for safe food handling subsequent to receipt of the meals. The Schools shall prepare an invoice for all meals received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Schools upon verification of the invoice and within 30 days. IN WITNESS' 'WHEREOF: The parties hereto have caused this agreement to be executed by their duly authoriZed officers. ATTEST: , ' '. ~DWIGHTE. BROCI~~  B°ard~¢~ Witnes~ol Approved as to form and legal sufficiency: May 25, 1999 Item #16C5 FORMAL BID PROCESS WAIVED; AGREEMENT FOR G.A. FOODS TO PREPARE THE FOOD FOR THE SUMMER FOOD SERVICE GRANT PROGRAM WHILE SUMMER SCHOOL IS NOT IN SESSION IN THE AMOUNT OF $222,500.00 Page 122 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT MEMORANDUM OF AGREEMENT SUMMER FOOD SERVICE PROGRAM MAY2 5 G.A. Foods (Vendor), whose address is 12200 32~a Court N, St. Petersburg, Florida 33716, agrees to furnish approximately 3,000 meals per day to the Collier County Parks and Recreation Department (Sponsor) whose address is 3300 Santa Barbara Boulevard, Naples, Florida 34116. Meals will be prepared and delivered to Naples High School, Naples and Bethune Educational Center, Immokalee. The estimates for meals are: 3,200 lunches per day at $1.70 per lunch (does not include milk which will be provided by the Sponsor) $292 charge per delivery The milk will be provided by the Sponsor and the remainder of each meal is to meet the specifications as set forth by the IJ.S.D.A. Summer Food Program Regulations, 7CFR Part 225, as provided to the District School Board. Service is to begin on June 14, 1999 through June 30, 1999 and August 9, 1999 through August 13, 1999, unless the program is terminated earlier by either party. The Sponsor agrees to request monthly cash advances from the Department of Education. The price of meals on this contract includes the full value of any U.S.D.A. donated commodities and all federal and state meal reimbursement. The Vendor shall hold the Sponsor harmless for safe food handling up to the time of receipt by the Sponsor. The sponsor shall hold the Vendor harmless for safe food handling subsequent to receipt of the meals. The Vendor shall prepare an invoice for all meals received by the Sponsor at the end of each month. The Sponsor agrees to reimburse the Vendor upon verification of the invoice and within 30 days. IN WITNESS WHEREOF: The parties hereto have caused this agreement to be executed by their duly authorized officers. DWIG~-IT E. BROCK~ ~LE'RK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pam G.A. FOODS ? Ken LoBianco, Vice-President ess for G.A. F~ods O %~ Approved as to form and legal sufficiency: Th~ C.~Palme~r6t;l~- Assistant County Attorney 1999 May 25, 1999 Item #16C6 A GRANT APPLICATION BY THE COLLIER COUNTY MUSEUM TO THE FLORIDA DEPARTMENT OF STATE REQUESTING A SPECIAL CATEGORY HISTORIC PRESERVATION TO ASSIST WITH FUNDING THE PRESERVATION AND RESTORATION OF THE ROBERTS RANCH IN IHMOKALEE Page 123 HISTORICAL R~SOURCES GRANTS-IN-AID APPLICATION H~ 2 5 !999 1) PROJECT TITLE: Roberts' Ranch 2) APPLICANT: Collier County Government, Collier County Museum, Collier County Public Services Division 3) AMOUNT REQUESTED: $822~200 MATCH/LOCAL COST SHARE AMOUNT $1~187~538 4) PROJECT TYPE (CHECK ONE PLEASE) ~x SPECIAL CATEGORY; ACQUISITION & DEVELOPMENT; SURVEY & PLANNING; COMMUNITY EDUCAIION; CL( MAIN STREET; __NON-MATCHING; MUSEUM GENERAL OPERATING SUPPORT; MU,SEUM EXHIBIT: MARKEF $) TYPE OF APPLICANT: __NON-PROFIT ORGANIZATION; x GOVERNMENTAl. AGENCY; ~ FOI?,OROFTI' ORGANIZATIZ~IN 6) In the space provided below, briefly describe the project and the property or properties for which funding*is requested: do not=~tach additional sheets. The project will establish the stabilization and rehabilitation of 16 buildings and 6 site featu~.~ original to Roberts' P, tnch (1914-1977) for tsc as a living history museum located on 15.2 acres in Immokalee, FL. Plans are to stabilize and rehabilitate the site as quietly as possible to presovve the rapidly-deteriorating buildings and have the museum open to the public in less than three ye~, The first phase will bt to select a team of er~gineerir and museum consultants led by an architect experienced in historic preservation. The consultant team will prepare de~'~gn and construction documents for the rehabilitatiun of the buildings and features. Phase two will be the selection cfi a contractor for the ~ehabilitation work. The, third and final phase will be the construction work necessary to complete the plan described in thez~onstruction documents. The construction phas~ will include contract administration by the team of consultants. All phases will be overseen by C~er County Museum p~ofessionals experienced in historic preservation projects. Upon completion of the final phase, the buildings and site features will be restored to their re .Sl~ctive periods. The Rmch and its grounds wi~ be used as a living history museum. Existing original materials will be restored, keeping the useofnew materials to a minimum. Original paint in goo condition will be left on the surfaces and, in cases of severe degradation, scraped and re-painZ~l with the original color. Structural work will includ~ pouring new footings, righting frames of leaning structures, roof and siding repairs, where nemssary. The original water tower, essential to tire Ranch's operation, was located behind the main house. No longer extant, it will be replicated using pictorial documermtion and information gathered from Roberts family interviews. The Church currently located on tract E will be mo~:e, xl to tract D for use as a Visitor Center. The Church was moved to the property in 1995 and blocks site lines to the main house. All work will be c~nsistent with the Secremy of the Interior's Standards for Rehabilitation and guidelines for Rehabilitating Historic Buildings. Roberts' Ranch is one of Collier County's premier historical resources and one of Florida's best and last examples of an authentic turn-of-the-centre cattle ranch, grove and pioneer homestead. The buildings and features have survived remarkably intact and are ideally suited to restoration and re-use as a living history museum. A significant resource for the County and State, the Ranch retains much of its historic character. The original, in situ buildings seen against acres of original orange grove and fields, will teach the visitor about farming and ranching in early Florida. The physical relationships among and between the buildings and site features give clues to everyday life and work on the Ranch. Encompassing acres of buildings, features and grove, the museum will be open to the public and will attract local, state, national and international visitors. Additionally, the site will serve as an outdoor classroom for local and regional students. As a satellite of the Collier County Museum in Naples, Roberts' Ranch will be owned by Collier County Government and maintained by Collier County Facilities and the Collier County Museum. Museum staff and department resources will be available throughout the project. The museum will be staffed and operated by the County Museum with volunteer assistance from the Friends of Roberts' Ranch, the local citizens support organization. 7) Provide a 3xS photograph of the principal view of the property. Florida Department Of State Division of Historical Resource~ Form HR3E210695 (Effective July 1996) HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 2 8), PROJECT INFORMATION: STREET ADDRESS: Roberts Avenue and SR 29 Immokalee, FL 34142 COUNTY WHERE PROJECT IS LOCATED: COMMUNITY POPULATION 19,342 Collier COUNTY POPULATION 198,093 9) APPLICANT INFORMATION: ORGANIZATION NAME: Collier County Government, Collier County Museung Collier County Public Services Division ADDRESS: 3301 Tamiami Trail East CITY: Naples STATE: FL ZIP APPLICANT'S FEDERAL EMPLOYER IDENTIFICATION NO: 59- 6000558 SAMAS NO.: (STATE AGENCIES ONLY) _ - - CONTACT PERSON: Ron Jamro 34112 00100000 DAYTIME TELEPHONE NO: (941) 774-8476 EXT. FAX NUMBER:.(941 )-774-8580 10) State House Of Representatives District Number And Name Of Representative For Project Location. DISTRICT NUMBER(S): 77 REPRESENTATIVE: Joe Spratt State Senate District Number And State Senator For The Project Location: DISTRICT NUMBER(S): 29 SENATOR: Steven Geller Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT NUMBER(S): 14 CONGRESSMAN: Porter Goss I 1) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Department of State? If yes, specify the year, the project name, the Division which awarded the grant and the amount of the award. YEAR DIVISION PROJECT NAME AWARD 1985 Archives, History & Records Management Historical Site Survey, Collier County $3,500 ! 996 Department of State, Historic Resources Museum of the Everglades $360,902 ! 2) INDICATE EACH TYPE OF HISTORICAL DESIGNATION CURRENTLY HELD BY THE PROJECT SITE: Individual National Register Listing; __ National Register District - Contributing Site; . Individual Local Designation; __ Local District Designation - Contributing Site; None Of The Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CURRENTLY AFFORDED THE SITE/AREA: Local Ordinance ~ Local Ordinance Design Review Covenant ~ Maintenance Agreement __ Other: (Specify). Preservation Or Conservation Easement x Protective 14) Provide a brief explanation of immediate threats to the site or area such as proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, planned re-zoning, etc. Roberts' Ranch recently survived the threat of modern development due to the Roberts heirs' stewardship and the generosity of the family and Collier County. The family's donation of 6.4 acres in 1996 (tract E) and the County's purchase of 8.8 acres in 1999 (tract D) have made the land available as a museum. Threats to the buildings include insect and animal damage, leaks and wood rot due to roof failure, structural loss due to failed or non-existent concrete footings, overgrowth of vegetation on buildings and features, mold incursions in the main house and on its contents, and the presence of flammable materials. Vandalism played a part in some of the destruction of the property. It has been mitigated by the installation of chain link fencinl~ and a security system, but it continues as a threat, nevertheless. The accelerated rate of deterioration is evidenced by examples such as the collapse frol 1993 to 1999 of the cane barn (just a roof on the ground) and leaking roof of the main house. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 3 15) Indicate the level(s) of Project Activities completed to date: ~k~A¥ 2 5 Architectural: Feasibility study; Schematics; Design Development; Construction documents; Other; ~ None Preservation Planning: .. Design Guidelines; Preservation Ordinance; Preservation Element; x Other: None Archaeological Excavation: __ Research Design; Excavation; .__Analysis, Curation, Conservation; __ Other; __ None Museum Exhibit: Research; ~ Script; ___Artifact Selection; Design; __ Fabrication; __ Other; ~ None 1999 If other, describe: Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 (superseded by County's purchase of site) 16) Project timeline: on graph below indicate all the major elements of the project and the amount of time required to complete each item: (Special Category Projects Only) ACTIVITY: A. x Consultant Selection B. x x Documentation of Existinff Conditions C. x x x Design D. x x x x Constmcti E. x F. G. ,n Documents Contractor Selection x x x x x x x x x x Construction 17) Describe the malor elements of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element. A) Select and hire preservation Consultant B,C,D)Documentation of existing conditions, design and construction documents E) Contractor selection F) Construction F) Construction administration A-F) Grant administration Collier County Staff Consultant Collier County Staff Contractor Consultant, Collier County Staff Collier County Staff 18) What is the anticipated annual Cost Of Maintenance of the Historic Property, Archaeological Site, or Museum Exhibit upon completion of the project; and what is the source of the funding? Cost of maintenance upon completion of the project is $24,600: Electricity $3,600 Maintenance Equipment & Supplies $6,000 Water & Sewer 1,500 Mowing 4,000 Security System 1,000 Fuel & Lubricants 1,500 Paint, repairs, etc. (amortized over 10 years) $7,000 Funding is expected to come from Collier County Government General Fund and Tourist Development tax revenues. 19) Provide a brief description of the Educational Benefits this project will have on the local community and the state. Please enter the current or anticipated annual visitation in space provided below. Roberts' Ranch will be developed and designed to acquaint and educate the public, both residents and visitors, to lmmokalee's (white settlement, 1873) rich farming and ranching past. Roberts' Ranch, an outdoor classroom, will enrich the school classroom experience by presenting a wide variety of educational programs designed to complement and expand on elementary and secondary school curricula. Site tours, lectures, exhibits and living history programs will accommodate a large, culturally diverse audience by using an object-based, hands-on approach. The museum will be available to the 3 !,000 Collier County students. Annual field trips for the 5,000 fourth and fifth grade studen studying Florida history and for the entire student body of Immokalee schools (4,449) are expected. Currently, lmmokalee students must travel 45 mih to the nearest cultural institution. The museum will have an important role in teaching about Immokalee's past and relevance to its present and future, farming continues to be an economic factor in the community. The museum will develop adult tours that include tours in other languages, such as Spanish, German and French; a sensory tour for the blind that includes handling certain reproduction materials and a "scent" tour; and tours in Americ~ Sign Language. An orientation video will be shown in the Visitor Center. Annual Visitation 25,000 MAY 5 199g HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 4 20) Provide a brief explanation indicating the direct impact of this project on minorities and the disabled. Include any alterations to the site that will make the site more accessible to the public. lmmokalee is a diverse community that includes Hispanics (79.3%), Blacks (6.7%), Native Americans (less than 3%) and Caucasians (6.7%). The regiot has been a farming community since i 873, with the Roberts family and Ranch playing major lies in the prosperity and development of the city. Moden residents will be given the opportunity to study the ways of a pioneer ranch, comparing similarities and differences in methods. Further, community pride will be bolstered through the recognition of the importance of farming and ranching to Florida's history and economy. School programs held at the Ranch Will serve all students and the high concentration of Hispanics in the region (Hispanics in Immokalee account for 43% of all Hispanics in Collier County.) Tours in Spanish will be developed. Every attempt will be made to make the Ranch grounds and buildings as universally accessible as is reasonably possible while maintaining the historic integrity of the site. Plans include a video to be shown in the Visitor Center of the entire site and Gl those areas that are inaccessible; tours designed for the blind; and tours given in American Sign Language. 21) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community. Include any information regardig number of jobs it will provide, if known. lmmokalee has recently received new financial incentives geared to stimulating its economy. The museum project will be a major partner in ventures that include the lmmokalee Regional Airport Industrial Park and Foreign Trade Zone, Seminole Gambling Casino, lmmokalee Drag Strip, the restoratio of Lake Trafford and Main Street Program. An Enterprise Zone, the Federal government granted the area $2.5 million dollars for housing, job training and other economic incentives. The Ranch will play an important part in the City's plans to strengthen economic growth in the quickly-growing busine: of eeo-heritage tourism, spurred by funding to clean up Lake Trafford for ecologically based pursuits and the success of Corkscrew Swamp Sanctuary (100,000 visitors per year). Roberts' Ranch would work with other businesses in town to bring more visitors to the area, locally, nationally and internationally. Roberts' Ranch will be active in the local Chamber of Commerce and state tourism group, Visit Florida. 22) FOR ALL ACQUISITION & DEVELOPMENT/SPECIAL CATEGORY PROJECTS' Provide The Dates Of Original Construction: 1914-1965 And The Florida Master Site File Number: 8 CR 639 All Ma]or Alterations: 1924, Main House built, 1960's Main House interior; .(Attach copy of the Site File Form as Attachment M) Original Use: Cattle Ranch & Homestead Current Use: Vacant Proposed Use: Museum Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. Retaining all of its historic character, the Ranch has most o its original buildings in their original locations, seen against the backdrop of one of the oldest orange groves in Collier County. The Ranch embodies the pioneer tenacity that was essential to success on the Florida frontier. The Roberts family came to Immokalee in 1914 from Ona, Florida with 300 head cattle and seven children. They purchased 60 acres of land in an area called the "Old Allen Place," an earlier homestead with a 144 s.f. log cabin. Theil ranch, "Red Cattle Company," was in continuous operation from 1914 until 1977. Robert Roberts, Jr. (1884-1963) was prominent in the community, founding the First Baptist Church in 1916, the Masonic lodge in 1954 (he donated land for both buildings) and the first post office. He was one of the first Commissioners of newly established Collier County in 1923. For Acquisition projects, provide the Full Purchase Amount $ and the acreage of the property to be acquired The maximum grant share for an acquisition project shall not exceed 50% of the value of the property as determined by the appraisal; the average of two appraisals, if two were obtained; or the average of the closest two appraisals, if more than two were obtained; or 50% of the purchase amount, whichever is less. 23) FOR ALL SURVEY & PLANNING GRANTS: For Surveys, indicate the types of historical resources to be surveyed. LIST ANY PREVIOUS SURVEYS IN THE PROPOSED AREA. Indicate the anticipated Number of New Sites to be recorded and the Acreage to be covered in the survey area , the anticipated Number of Florida Site File Form Updates For National Reeister Nominations, indicate the number of anticipated Individual Nominations, Will a multiple property cover nomination be produced? yes, no. District Nominations, HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION 24) FOR ALL COMMUNITY EDUCATION PRO,FECTS: PAGE 5 HAY 5 1999 For Audio-Visual Productions~ Books~ Pamphlets~ Walking Tour Brochures, etc., Explain how the product will be Marketed and/or Distributed. How many minutes/pages is the product? How many copies of the product will be produced? If the printed/media materials are proposed for distribution, will there be a per item charge? charge. For Educational Materials, is the local school system actively involved in your project? anticipated participation in this project. yes no. If yes, provide the estimated yes m no. If yes, describe their participation to date and Do you intend to integrate your project into the Florida Heritage Education Program? yes m no. For Historic Markers, include Form No. HIL3EI71294 from the Bureau of Historic Preservation ns Attachment L. 25) FOR ALL MUSEUM EXH ! BITS PROJECTS (Includina Special Cateaorv Museum Projects): Explain the Historical Theme for the Museum Exhibit and why it is important to Florida history. Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. The entire 15.2 acre site of the original 60 acres will be interpreted as the museum. The educational mission of the museum is to teach early Florida history via the Ranch site, the Roberts family history and any new information discovered through subsequent archaeological or archival means. Twenty-two buildings and site features, orange groves and gras~, fields make up the museum. Ail structures will be interpreted to their respective periods and original use. All relevant and period contents in exhibitable condition will receive minimal treatment and be placed on display. Buildings such as the main house (3,060 s.f.), bunkhouse (744 s.f.), and garage (450 s.f.) will be open to the public. Buildings, such as the maid's house (120 s.f.), outhouse (16 s.f.) and smokehouse (192 s.f.) will be opened for view, but not entry, due to their size. The main house, a two-story wood-Dame construction, built in 1924 is furnished with original contents that include family photographs and Mr. Roberts' business files. The intact quality of the site allows for ease in its interpretation. Visitors, few of whom have ever seen a bunkhouse, sugarcane vat or stand-alone kitchen, will be able to truly experience the nature of life on an early Florida ranch. An orientation video at the Visitor Center will "set the stage" for th~ self-guided tour. An information brochure and location signs will aid the visitor through the site. Specially designed tours for school groups, the blind and deaf will also be made available. Volunteer docents and staff will be available to answer questions. Preservation of the site includes the rehabilitation of the existing structures, the relocation of the Church (the oldest remaining religious structure in Immokalee, 1928) from Tract E to Tract D for use as a Visitor Center, and the reconstruction of the original water tower that was once located behind ti main house. The Church, which was moved three other times in its existence, was moved to the Ranch in 1995. Founded by Mr. Roberts, the First Baptist Church played an important role in the history of lmmokalee and in the lives of the Roberts family. Currently the Church is located near the Main House, obstructing site lines and confusing the interrelationships of the original buildings. The Church will be adaptively re-used for a Visitor Center. HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION What is the square footage of the museum exhibit? 15.2 acres. PAOE 6 HAY 5 '1999 26) FOR ALL HISTORICAL MUSEUM GENERAL OPERATING SUPPORT PROJECTS Describe the museum's management structure and governing authority: 27) Describe the museum's collections, collections management practices, exhibits, and educational programs: 28) Describe the physical facility, including square footage of exhibit, storage, collections, and administrative spaces: 29) Estimate the percentage of the museum's budget allocated to Florida history: % Has the museum been open to the public for at least 180 days per year for each of the 2 years prior to the application date? How many persons visited the museum in the last 2 fiscal years? 19 , persons 19 , persons Yes No. General Operating Expenses Excess (Deficit) of Revenue Over Expenses FY $ FY FY $ FY FY $ FY HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION Roberts' Ranch Project Cost Estimate for Rehabilitation, Reconstruction, Relocation and Site Work May 1999 Object Work Estimate Tract D Tractor shed rehabilitation 6,000 Horse barn rehabilitation 36,000 Kitchen rehabilitation 15,500 Smokehouse rehabilitation 3,000 Bunkhouse rehabilitation 22,000 Pump shed rehabilitation 2,000 Cane vat rehabilitation 1,000 Well rehabilitation 1,500 Horse ramp rehabilitation 1,000 Horse stall rehabilitation 3,000 Fencing rehabilitation 6,500 Original log foundation rehabilitation 500 Tract E Main house rehabilitation 250,000 Barn rehabilitation 2,000 Garage rehabilitation 2,000 Maid's house rehabilitation 3,000 Smokehouse rehabilitation 1,000 Outhouse rehabilitation 500 Chicken coop rehabilitation 500 Pump house rehabilitation 1,000 Church rehabilitation 172,000 Church relocation 8,000 Water tower reconstruction 20,000 ISub-total buildings 558,0001 General conditions 70,000 IProject Sub-total 628,oooI Contingency Estimated construction costs Architectural & Engineering fees 94,200 722,200 100,000 [Total Estimated Cost 822,2ooI PAGE 7 MAY 5 1999 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE g MAY 2 5 1999 3O) PROJECT BUDGET BUDGET ITEMS Rehabilitation Tract D Rehabilitation Tract E General Conditions Contingency drchitecturai & Engineering Fees Collier County Board, 1999 Collier County Staff, Past Roberts' Family Contributions, Past Friends of Ranch Contributions, Past Collier County Government, Grant Period Collier County Staff~ Grant Period Friends of Ranch, Grant Period Collier Count}, Sheriff's Office, Grant TOTALS GRANT FUNDS MATCHING FUNDS/LOCAL COST SHARE $ 98,000 $ $ 460,000 $ $ 70,000 $ $ 94,200 $ $ 100,000 $ $ $ 622,783 $ $ 4,927 $ $ 461,281 $ $ 6,525 $ $ 18,822 $ $ 38,543 $ $ 32,257 $ $ 2,400 $ $ $822,200 $ $ $ $ $ $ $ $!,187,538 SUB-TOTAL $ 98,000 $ 46O,000 $ 70,000 $ 94,200 $ 100,000 $ 622,783 $ 4,927 $ 461,281 $ 6,525 $ 18,822 $ 38,543 $ 32,257 $ 2,400 $ $ $ $ $ $ $ $ $ $2.009.738 HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION PAGE 9 5 999 31) Matching and Local Cost Share Funds: List the sources and amounts of confirmed matching funds. (For items involving personnel, indicate th number of hours to be spent on project activities with their per/hour value and the project activities to be performed.) For matching grant projects, funds must not be expended before execution of a Grant Award Agreement. For Special Category grant projects, clearly indicate 1) the resources contributed to the project during the preceding five (5) year period and 2) the resources available for the project during the period for which funding is requested. a. Local resources contributed prior to grant period l. Collier County Government Board of County Commissioners Fiscal Year 1999, Purchase of Tract D, (8.8 acres) $600,000.00 Real Property Office Services 17,500.00 (Environmental Assessment, Appraisals) Security System Installed, 1997 5,283.00 Total $622,783.00 2. Comer County Staff Time Museum Director (R. Jamro) 45 hours x $34.80/hr = Museum Manager (D. Ridewood) 16 hours x $20.62 = Education Curator (N. Olson) 10 hours x $24.83 = Curator of Collections (C. Welch) 160 hours x $16.97 = Secretary (D. Gardner) 5 hours x $13.58 = Total $1,566.00 (Oversee project, meetings, reports) 329.92 (Meetings, reports) 248.30 (Photograph site, inventory) 2,715.20 (Inventory Main House ) 67.90 (Clerical support) $4,927.32 Roberts' Family Contributions Land value, Tract E, 1996 (6.4 acres x $30,000/acre) Appraised value of Tract E buildings Total $192,000.00 269,281.00 $461,281.00 Friends of Roberts' Ranch Contributions Master Plan-C. Yeilding, 1998 Donations to Ranch fund Total $5,000.00 ($1,000 donated by Collier County Government) 1,525.00 $6,525.00 bo Local resources available during grant period Collier County Government Pack and Move Collections Storage and Work Space 18 months x $600/mo.= Fumigate Buildings 9,125 s.f. x .66= Total $2,000.00 10,800.00 6,022.00 $18,822.00 Collier County Staff Time Museum Director (R. Jamro) 400 hours x $34.80/hr = $13,920.00 (Oversee project, report to Commissioners) Museum Mannger (D. Ridewood) 693 hours x $20.62 = 14,289.66 (Project site mannger, repons) Curator of Collections (D. Southall) 520 hours x $17.26 = 8,975.20 (Photo, inventory, remove objects-storage) Secretary (D. Gardner) 100 hours x $13.58 = 1,358.00 (Clerical support for reports) Total $38,542.86 Friends of Roberts' Ranch Contributions Volunteers 2000 hours x $5.15 = lmmokalee Nature Center Pledge Total $10,300.00 (Assist Staff) 24,957.10 $32,257.10 Collier County Sheriff's Office Inmate Labor 400 hours x $6.00 = $2~400.00 (Assist in site clean up, debris hauling) Grand Total Local Cost Share $1~187,538.28 HISTORICAL RESOURCES GRAHTS-IN-AID APPLICATION PAGE 10 HAY ? 5 999 CERTIFICATIONS 32) Applicant certification: This certification must be signed by the duly authorized representative of the applicant organization or agency before the application will be considered for fimding assistance. I certify that the information contained in this application is true and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Name (type or print) Ron Jamco Agency ororgani~ation Collier Count:¥ Museum Title Director // Signature J, ln,' ~----.-~ Date 5/25/99 33) Owner concurrence.' If the applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. I, the undersigned, am the owner of the property identified under item 8) Pro]ect Information on Page Two of this application and hereby acknowledge my support for and full concun'ence with this application. Name (print or type) Signature Date Address City State Zip Daytime telephone FAX Number 34) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQUISITION PROJECTS ONLY): For projects involving historic properties and those involving archaeological sites which will be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restrictive covenant to run with the property deed, should a grant award be made. I, the undersigned, am the duly authorized representative of the x owner, long-term lessee, or other organization or agency having responsibility for maintenance of the property identified under item 8) Project Information on Page Two of this application subsequent to completion of the project for which funding is requested. I hereby indicate agreement to execute a restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced property in accordance with good preservation practice and the applicable standards and guidelines of the Secretary of the Interior for a period often years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and that every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of the Secretary of the Interior. T~e ChaicwQm&B Date State FI. Zip 34112 FAXNumber (941) 774-360~ . .... :APproved as to form & le,~al,suffic,ency :o cnalma,n' s J - HISTORICAL RESOURCES GRANTS-IN-AID APPLICATION ATTACHMENT CHECKLIST 35) The following supporting documents are attached to this application: PAGE I ! tIAY 5 999 Attachment A: Civil Rights Assurance of Compliance form (One original and thirteen copies) (ALL PROJECTS). Attachment B: Documentation of Confrrmed Match or Local Cost Share (One original and thirteen copies) (ALL PROJECTS). Attachment C: Letters of Support, Endorsement, or Resolutions (One original and thirteen copies) (ALL PROJECTS). Attachment D: Photographs describing the existing condition of the property or site (One set of photographic prints and 13 xerox copies); and One 35 mm color slide of the property (ALL PROJECTS). Attachment E: If completed, architectural project schematics or construction documents (ONE SET ONLY) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). Attachment F: If completed, museum exhibition designs with appropriate sketches (one original and thirteen copies) (MUSEUM EXHIBIT PROJECTS ONLY). Attachment G: Letters of commitment from participating institutions for traveling exhibits (One original and thirteen copies~ (MUSEUM EXHIBIT PROJECTS ONLY). Attachment H: Samples of reviews, programs, and brochures of the museum (One original and thirteen copies) (MUSEUM EXHIBIT and MUSEUM GENERAL OPERATING SUPPORT PROJECTS ONLY). Attachment I: For Museum General Operating Support: an independent financial review or audit for the previous fiscal year: if available, or a detailed breakdown of the operating budget of income and expenses for the previous fiscal year (MUSEUM GENERAL OPERATING SUPPORT ONLY: Fourteen copies). Attachment J: For non-profit organizations only: proof of non-profit status (Fourteen copies) (ALL PROJECTS). Attachment K: For Acquisition projects only: an independent appraisal (two appraisals are required if the value of the first appraisal exceeds $$00,000); an ownership and encumbrance search; and an executed option or purchase agreement. Attachment L: For historic marker projects only: Florida Historic Marker Application Form No. HR3E171294 (Fourteen copies). Attachment M: Copy of Florida Master Site File Form (Fourteen copies) (ACQUISITION AND DEVELOPMENT and SPECIAL CATEGORY PROJECTS). HISTORICAL RESOURCES ORANTg-IN-AID APPLICATION ATTAINT A PAOE 12 1999 U.S. DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE CML RIGHTS ASSURANCE OF COMPLIANCE Co ]. ]. i e C Court I~ ~ BOG (hereina~er called "Applicant-Recipient") hereby agrees that it will comply with Title VI oftbe Civil Rights Act of 1964 (P.L 88-352) and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, no person in the United States shall, on the grounds of race, color, or national origin be excluded ~om pa~cipation in, be denied the benefit., of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives £mancial assistance from the Florida Department of State a~nd hereby gives assurance that it will immediately take any measures to effectuate this agreement. Tbe Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all requirements imposed by or pursuant to the Department of the Interior Regulations (43 CFR 17) issued pursuant to these titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under nny program or activity for which the Applicant-Recipient receives financial assistance from the National Park Service and hereby gives assurance that it will in~nediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant- Recipient by the Florida Depamnent of State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of such property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. Ifnny personal properS/is so provided, this assurance obligates the Applicant-Recipient for the period during whict it retains ownership or possession of the Property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal £mancial assistance is extended to it by the Florida Depamnent of State. This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, includin1 installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. 3301Tamiami Trail Pamela Mac'K£e ~ Applicant-Recipient / Comparable authorized Official) ~.as~, Naples,. Ft. 34112 APPLICANT-RECIPIENT'S IVtAILING ADDRESS Approyed as to form &,lega, I sufficiency County (Horne ::) May 25, 1999 Item #16C7 GRANT APPLICATION ENABLING COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR EQUIPMENT, SOFTWARE AND TRAINING OPPORTUNITIES FROM THE GATES LIBRARY FOUNDATION Page 124 Grant Applicant Certification Purpose The purpose of Gates Library Initiate (GLI) grants is to expand the availability of public access computing, and to provide access to the laternet and to digital information through the public library. Eligibility Standard To be eligible for a Gates Library Initiative Grant, a library must be recognized by the State Library of Florida as a public library, be open to public use acting as a public librm3, (not as an administrative facility), serve an area of over 10% poverty, and not have previously received a GLI (or GLF) grant. In making this application, we certify that if the grant is approve& 1. The grant funds will be an incremental increase to other current and anticipated llbmry funding and will not replace previously budgeted items. 2. This application is complete and represents the needs of this comm, mky. This library system meets the ~ove eligibi]ity standa~ for G~xes Library ~nifafive funding.. 3. All good faith efforts ~ be r,~te to sustain the public ~ccess computing c~p~bility established by this grant. Such efforts will be aimed ~t assuring that all computers and peripheral equipment are kept fully operational and appropfia~Ay supplied. Also, every effor~ ~ be r-~d~ to assure adequate public funding for the proper maintenance and eventual replacement of the equipment provided by this grant. 4. The applicant understamts that grants will be made only to public libraries that provide untmdi~ access to com~ for public use, and will operate and ~er the computers and Internet a~ess withom charges or fees to library patrons. Library-Sys'cem Collier County Public Library Libra~Directon Nam= John w. Jones Library R~cd Cha~. Name ~.~? K. D~ri. zq , Approved as to fogm and legal sufficiency: Thomas C. Palmer, ~ss±stant County Attorne~ FLORIDA ATTESTg Supplemental Grant Applicant Certification /~td~pose The purpose of this Supplemental Grant Application is to provide the libraries of the State of Florida with state-of-the-art training facilities, that are located/n larger library systems, and able to be used as a statewide resource through mutual support and cooperation. Eligibility Standard To be eligible to receive this Supplemental Grant to host a Training Lab, a library must be recognized by the State Library of Florida as a public library, open to public use acting as a public h~rary (not as an admlni.~trative facility), and be willing to commit to the use of the Lab for cooperative statewide technology training programs. Signamres: LibratlgSystem Library Director. In making this application, we ce~ that if the supplemental grant is approve& l. The grant ftmds will be all incremental increase to other current and anddpated library funding and wil not replace previously budgeted itenm 2. This application is complete and represents the needs of this community. This library system meets the above eligibility standard for Gates Library Initiative funding. 3. Ail good faith efforts will be made to sustain the Training Lab capability established by this grant. Such efforts will be aimed at assuring that all computers and peripheral equipment are kept fully operational and appropriately supplie& Also, every effort will be made to assure adequ_ate public funding from state and local sources for the proper mahtenmce and eventual replacement of the equip~e.t provided by this grant. The applicant understands that grants will be m~d. only to public libraries that pro~de unmediatM access to computers for public use, and will operate and administer the computers and Imvxnet access w/thom ch~_,ges or fees to library patrons. Dwxgl'it~-g. Broe_X ,~:i clerk Collier County ublxc b~brarv :~, . CK)UIqI~ ~IS$IO~EI~ OP ~OLL~ER ~, ~LORIDA / Appropriate State Approved a.5. Lo~ £orm and l~al Thomas ~.-P~l~r, Assistant County Att:orne¥ Nm aohn.w. Jonem Date '' ~ May 25, 1999 Item #16C8 WESTINGHOUSE COMMUNITIES NAPLES TO EXCHANGE PROPERTIES LOCATED AT THE COUNTY SEAGATE BEACH AND THE DEVELOPMENT PREVIOUSLY KNOWN AS NAPLES CAY TO PROVIDE A BEACH PARKING LOT WITH 14 ADDITIONAL PARKING SPACES Item #16C9 RESOLUTION 99-240 RELATING TO THE BEACH PARKING FEE POLICIES AND PROCEDURES AND REPEAL RESOLUTION 95-543 Page 125 RESOLUTION No. 99 - 240 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AND IMPLEMENTING BEACH PARKING FEES AND RULES PROPOSED BY THE COUNTY'S PARKS AND RECREATION DEPARTMENT THAT SPECIFY THE DOCUMENTATION REQUIRED TO PROVE ELIGIBILITY TO BE ISSUED A STICKER TO INDICATE THAT A VEHICLE IS EXEMPT FROM PAYMENT OF BEACH PARKING FEES BASED UPON THE APPLICANT'S RESIDENCY IN COLLIER COUNTY, FLORIDA; REPEALING RESOLUTION NO. 95-543 WHEREAS, by adoption of Resolution No. 95-543 on September 26, 1995, the Board of County Commissioners of Collier County, Florida, formally affirmed the County's policies regarding fees for parking vehicles at the County's beach parking facilities as specified in that Resolution; and WHEREAS, eligibility for exemption from payment of beach parking fees is based upon .~esidency in Collier County because ad valorem taxes assessed against residential real property located in Collier County, plus other taxes that are paid by permanem ~esidents bartially pay for the County's expenses and the City of Naples' expenses related to the subject public beach facilities; such taxes are not paid by persons who are n{~I permanent residents of Collier County or who do not own such real property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:- SECTION ONE. FINDINGS AND PURPOSE. The above WHEREAS CLAUSES are incorporated herein by reference as if restated verbatim in this section. MAY 2 These Rules may be amended fi'om time-to-time by Resolution(s) of the Board of County Commissioners of Collier County. The Board of County Commissioners makes the following findings of fact: 1. Most motor vehicles that are parked at the County's beach parking facilities are occupied by people who are not residents of Collier County. 2. Costs to provide beach parking facilities and to police, maintain and repair beaches, and to expand such parking facilities or construct new beach parking facilities increase with the increasing numbers of vehicles that are parked at those beach parking facilities. 3. This Resolution is to facilitate collection of those parking fees. 5 1999 SECTION TWO. 1. Parking fees apply County. APPLICABLE BEACH FACILITY LOCATIONS. to the following beach parking facilities in Collier Barefoot Beach Access. Barefoot Beach Park. Vanderbilt Beach Access. Calm Pass Park. North Gulfshere Beach Access. Tigertail Beach. South Marco Beach Park. 2. Additional beach parking facilities may be added to this list from time-to- time by Resolution(s) adopted by the Board of County Commissioners. Iq,AY 2 5 '1999 SECTION THREE. BEACH FACILITY PARKING FEES. The County's beach parking fees are: A. $3.00 per vehicle per day for each parking space that is not metered; and B. Seventy-five cents ($0.75) per hour per vehicle for each parking space that is individually metered. C. The fees are collected through parking meters or by direct collection by authorized county personnel at the respective beach parking facility. SECTION FOUR. VEHICLE EXEMPTION FROM BEACH FACILITY PARKING FEES FOR PERMANENT COLLIER COUNTY RESIDENTS; PROOF OF RESIDENCY IN COLLIER COUNTY. A. No vehicle shall be exempt from any beach facility parking fees unless the vehicle displays a valid beach parking sticker issued by Collier County or by the City of Naples. B. Attached to this Resolution as Exhibit "A" are Rules proposed by the Coll~ County Parks and Recreation Department, entitled "Beach Facilities Parking Fees Exen:~tions - Documentation Required to Prove Residency in Collier County." C. The attached Rules (Exhibit "A") are hereby approved by the Board of County Commissioners as the County's policies regarding the documentation that is required to be submitted to County's staff to prove that the applicant is eligible to be issued a aticker to be affixed to a vehicle to indicate that the vehicle is exempt from payment or,each parking fees at specified beach facilities in Collier County. MAY 2 5 1999 SECTION FIVE. RESTRICTED PARKING AREAS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, each parking space at any the above-listed "Applicable Beach Facility Locations" is a geographic area where vehicle parking is prohibited except for vehicles that either display a valid vehicle parking sticker or the applicable beach parking fees have been paid to park that vehicle. SECTION SIX. PARKING PROHIBITED AT "EXPIRED" PARKING METERS. Pursuant to Section FOUR of Collier County Ordinance No. 80-47, as amended, at each of the above-listed "Applicable Beach Facility Locations" no parking space controlled by an individual parking meter shall be occupied by any vehicle when the parking meter reads "expired." Such parking is "prohibited" except when the respective metered parking fee~ have been paid into the parking meter applicable to the respective vehicle. SECTION SEVEN. PARKING CITATIONS. Pursuant to Chapter 89-449, Laws of Florida, as now or hereafter amended, and pursuant to Resoluti~m(s) that may t~e adopted from time-to-time by the Board of County Commissioners in conjunction with Chapter 89-449, Collier County Park Rangers are authorized by that Special Act to issue parking citations at each beach facility in accordance with Ordinance No. 80-47, as now or hereafter amended, or as that Ordinance may be superseded in function by subsequent ordinance(s). MAY 5 199g SECTION EIGHT. REPEAL OF RESOLUTION NO. 95-543. Collier County Resolution No. 95-543, expressing the County's current policies regarding exemptions from these beach facilities parking fees, adopted on September 26, 1985, is hereby repealed in its entirety. This Resolution adopted this ~day of~y after motion, second and majority vote favoring same. ,1999, ATTEST: I~W~.,,~E. BROCK, Clerk ..... , ~,eputy C~erk~ Approved as m:~6~ ~d- - ~L~iERO~oCOuNTU~y,YFLC~)MMIS SIORiDA NE/~/S~. FI~AMELA S. MAC'KIE, Ch/~i~'woman Thomas C. i~r Assistant Comfy Attorney H:tcp/Res.99 - Be~tohParking Fees -required documentation to prove eligibility for exemptions MAY Y 5 1999 Exhibit ~ PROOF REQUIRED TO SHOW THE RESIDENCY REQUIRED FOR COLI.IER COUNTY FREE BEACH FACILITIES PARKING STICKER(S) 1. PERMANENT RESIDENT: Proof required for a beach facilities free parking sticker based upon permanent residency ("domicile") in Collier County is either (i) a Florida Driver's License showing a Collier County residence address or (ii) Voter Registration Card showing a Collier County residence address, plus one (1) of the following issued to the person shown on the Driver's License or on the Voter Registration Card for each vehicle that is to receive a sticker: Vehicle(s) owned by the Permittee. Florida Vehicle Registration of the vehicle. Leased Vehicle(s). A lease/use agreement for the vehicle. Company Vehicle. Written permission from employer authorizing that employee to drive the vehicle that is to receive a sticker. The vehicle can be employer-owned or otherwise provided to the employee by the employer, such as vehicle leased by the employer. 2. RESIDENT WHO OWNS AD VALOREM TAXED RESIDENTIAL REAL PROPERTY. This alternative is available for a person who is not a permanent resident of Collier County, or who is a permanent resident but does not choose to submit the proof required to show his/her domicile in Collier County. County staff must see a Driver's License (valid in Florida but issued anywhere), and either a deed or a then current real property tax bill or other written proof showing the following: Fee title ownership showing complete year-round title to Collier County ad valorem taxed real property in residential use owned by the person shown on the Driver's License, plus one of the folloxaiag issued to the person shown on the Driver's License: Vehicle Owned by the Applicant. Current Registration (for anywhere) for each vehicle that is ~ receive a parking sticker. Leased Vehicle. A leasehase agreement for each leased vehicle that is to receive a sticker. Compa0¥ Vehicle. Written permission from the vehicle operator's employer authorizing that employee to drive the vehicle that is to receive a sticker. The vehicle can be employer-owned or otherwise provided to that employee by the ~employer, such as a vehicle leased by the employer. The above-[iated proofs of residency and/or right to drive the vehicle are not all-inclusive. Staff may accept other proofs that in the specific case show the required Collier County domicile or residency and/or that person's right to drive each vehicle that is to receive a sticker. Each co-owner of that specific residential real property is an "owner" of that real property. Ownership of real property that does not grant to the free parking permittee rights to occupy same on a year-around basis, such as part-time "time share" ownership, is not sufficient proof of eligibility for a parking sticker. May 25, 1999 Item #16D1 RESOLUTION 99-241 RE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA GULF COAST UNIVERSITY FOR RADIO ANTENNA SPACE Page 126 RESOLUTION 99- 24~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND FLORIDA GULF COAST UNIVERSITY FOR THE UTILIZATION OF ROOFTOP SPACE ON BUILDING "L" AT THE COLLIER COUNTY GOVERNMENT CENTER. WHEREAS, Florida Gulf Coast University, a State University ("FGCU"), desires to lease a portion of rooftop space on Building "L" at the Collier County Government Center which is owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to install and operate radio transmission equipment. WHEREAS, the Lease Agreement provides for one (1) initial term of five (5) years with five (5), five (5) year renewals. There shall be no charge for rent or utilities. WHEREAS, the Board of County Commissioners, in accordance with Section 125.38, Florida Statutes, is satisfied that this property is needed for WGCU's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Florida Gulf Coast University. 2. The Chairwoman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this ~ day of~Y'~.~/ , 1999 after motion, second and majority vote. ATTEST: ,D x~IGH~. ~i~O~K, Clerk · ~_Ai~, S'-~f,'~h_.'' Deputy Clerk Approved as to'fo~ ~"' ~d l~gal shfficiphcg: Heidi F. Ashton Assist~t County Attorney BOARD OF COUNTY COMMISSIONERS M~,Y Y 5 i999 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ~'eday of [[)C~ ,1999, between FLORIDA GULF COAST UNIVERSITY, a State University, whose n~iling address is 10501 FGCU Boulevard, Fort Myers, Florida 33965-6565, 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 a location atop Building "L" at the Collier County Government Complex to accommodate one (1) FM receiver and one (1) microwave transmitter operating at 950 MHz with a provision for LESSEE'S band-pass filter, hereinafter referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of installing and operating equipment for WGCU and WMKO radio stations. LESSEE shall be granted the right to install a directional FM receiver antenna and a grid antenna for the microwave relay to the WMKO transmitter. The antennas shall be mounted on standoffs on the side of the penthouse atop Building "L". The final location and mounting technique for the equipment shall be approved by the Collier County Facilities Management Department and the Radio Communications Manager. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which this Lease is accepted by the LESSOR. LESSEE is granted the option, provided it is not in default of any of the terms of this lease, to renew same for five (5) additional terms of five (5) years under the same terms and conditions, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Either LESSEE or LESSOR will be allowed to terminate this Lease by providing the other party with thirty (30) day advance written notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE shall be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. ARTICLE 3. Rent LESSOR agrees to Lease the Demised Premises to the LESSEE without cost to the LESSEE. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all utility charges pertaining to the Demised Premises including electricity and any other utilities used by LESSEE at the Demised Premises. ARTICLE 5. Modifications to Demised Premises MAY ? 5 1999 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. I~ESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to Demised Premises LESSEE, its duly authorized agents, representatives and employees, shall have the right to enter into and upon the Demised Premises during normal business hours, Monday through Friday, by requesting prior approval from the Collier County Radio Communications Manager for the purpose of examining or repairing LESSEE'S equipment at the Demised Premises. By prior arrangement, during non-business hours during times of emergency repair or maintenance, LESSEE shall contact the Collier County Radio Communications Manager for access to the Demised Premises. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnity_ LESSEE assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of the LESSEE and its officers, employees, servants and agents while acting within the scope of their employment by the LESSEE. The LESSEE, as a state agency, wan'ants and represents that it is self-funded for liability insurance, both public and property, with such protection being applicable to the LESSEE'S officers, employees, servants and agents while acting within the scope of their employment by the LESSEE. The LESSEE and LESSOR agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) LESSEE and LESSOR further agree that 2 MAY Y 5 1999 nothing contained herein shall be construed as a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statute (1985). The above named State of Florida Agency is provided the following coverage through the Florida Casualty Insurance Risk Management Trust Fund. Coverage and limits are those specified in Chapter 284.31 and 768.28, Florida Statutes. The LESSEE will only be liable for its portion of the location atop Building "L". ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than One Hundred Thousand Dollars and No Cents ($100,000.00), per claim, and Two Hundred Thousand Dollars and No Cents ($200,000.00) per occurrence during the term of this Agreement. In addition, LESSEE shall provide and maintain Workers Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, if said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (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 furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. 3 (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: Florida Gulf Coast University 10501 FGCU Boulevard Fort Myers, Florida 33965-6565 Attention: University President cc: Office of the County Attorney Radio Communications Manager, IT Dept. cc: WGCU Station Manager 1999 ARTICLE 14. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall bo the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. - M&Y ? 5 1999 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. 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 Concems 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. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S building and/or accessories thereto. Not interfere with the operation of LESSOR'S radio equipment or other current or future tenants on said tower. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S building. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City/County and/or State concerned. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. ARTICLE 19. ~ 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 20. ]~ffective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Govemim, Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST:' DWIGHT E. BROCK, Clerk '~"~""~'i~ S"P~' mputy Clerk '~Attes~.. m~ to Chai~n's AS'TO LESSE~? :':': DATED: g /IY 7 WiT~S-(signature) - (print name) ~VITNESS (signature) (print name) / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chairwoman FLORIDA GULF COAST UNIVERSITY DR. ROY IglCTARNAG~, President Approved as to form and legal sufficiency:, Heidi F.'~shton ~ Assistant County Attorney May 25, 1999 Item #16D2 SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCES FOR MARC D. JACOBSON TR., ANTONIO CUNHA & FERNANDA CUNHA, MICHAEL J. FUGLE, AND DOUGLAS M. KELLY & DEBORAH L. KELLY Page 127 This instrument prepared by: Heidi F. Ashton Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483693 OR: 2552 PG: 0870 **" RBCORDRD in OFfiCIAL RRCORDS oK COLLIBR COIJMTY, FL 05/28/1999 at 08:27A!( D¥IGH? i. BROCK, CLBRK Retn: CLBR[ TO THB BOARD XMTBROFFXCB &TH FLOOR 1240 BBC FBI 6.00 COPXBS 1.00 MAY ? 5 1999 Property Folio No. 35997640001 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: The Lien was recorded on Apdl 21, the Clerk of the Circuit Court of Colli sum of Two Hundred and Forty Five and imposes certain obligations agai as follows: Marc D Jacobson TR 115 E Rivo Alto Dr Rivo Alto Island Miami Bch, FL 33139 i995 in Official Record Book 2051, page 1186, in the Office of ,r County, State of Florida. The Lien secures the principal ;)ollars ($245.00), plus accrued interest and penalties, if any, nst real property situated in Collier County, Florida, described LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chair~v_o.rn,~,n, direct e~u_ti?n and recording of this Satisfaction of Lien, by action of the Board this ~ day or ~_ .r'y~_~- ,1999. ATTEST: DWIGHT E.' BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483694 OR: 2552 PG: 0871 RBCORDBD in O~IClAL RBCORD9 o~ COLLIRR COUNTY, ~L 05/28/1999 at 08:27A# DMISH? B. BROCI[, CLBRI[ Retn: CLBRK TO THB BOARD IHTRROUXCB 4TH FLOOR BI? 7210 BBC FIB 6.00 COFlSS 1.00 HAY 5 1999 Property Folio No. 35997640001 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSlOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Marc D Jacobson TR 115 E Rivo Alto Dr Miami Beach, FL 33139 The Lien was recorded on February 22, 1999 in Official Record Book 2515, page 1043, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 21, BLOCK 97, UNIT 3, GOLDEN GATE ESTATES Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Cha, ji~v.~or~an, direct~_?ecution and recording of this Satisfaction of Lien, by action of the Board this~ day of --"('Y3J:~ ,1999. ATTEST: DWIGHT E: BROCK, Clerk to* Cha'lra 's . ~ ,. · , ,~ ~ ~proved ~as to form~'~.~. ; ~a~g ~egat sumclency %; r ~ ,.. ~.,.,~ .~., BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:p~ This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2483695 OR: 2552 PG: 0872 RECORDBD tn OFFICIAL RECORDS of COLLXBR COliN?I, FL 05/28/lsso at 08:27A# D#IGH? B. BROCK, CLBRE Retn: CLBRK TO THB BOARD INTBROFFICB &TH FLOOR BIT 1240 RBC FBI &.00 COP[BS 1.00 HAY ? 5 1999 Property Folio No. 57382520002 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Antonio Cunha & Fernanda Cunha 34 Grossman St Melville, NY 11747 The Lien was recorded on March 22, 1996 in Official Record Book 2161, page 2148, in the 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 Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 248 OF MARCO BEACH UNIT SIX. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to.record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chaij:~o_~m/~,n, direct~_~e_c_ufion and recording of this Satisfaction of Lien, by action of the Board this~t'~'~w..~ day of-- ~ ,1999. ATTEST:' DWIGHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONER~, COL~~ By:J/__'___'_ ...... ,-- / i PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 2483696 REOORDRD tn OFFICIAL RECORDS oK COLLXBR COUHTT, 05/28/I999 at 08:2/AN DVIGHT B. BROCK, CLERK RlC rib OR: 2552 ?G: 0873 6,00 COPIRS 1.00 Beth: CLERK ?O~HB DOARD ZNTBROFf[CE 47H FLOOR EKT 7240 HAY 5 1999 Property Folio No. 57929960009 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael J Fugle 1350 W Huron St Waterford, MI 48328 The Lien was recorded on April 7, 1995 in Official Record Book 2046, page 2380, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Twenty-Four Dollars ($224.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 360, MARCO BEACH UNIT ELEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of county Commissioners of Collier County, Florida, acting through its Cha~ dire~u,,ti.0n' and recording of this Satisfaction of Lien, by action of the Board this~ day of i I' I~ ,1999. · DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483697 OR: 2552 PG: 0874 ** R~ORD~D In O~IClAL R~¢ORDS of COLLIER COUNTY, ~L 05/28/I999 at 08:27A# DWIGHT B. BROCK, CLBRK Retn: CLBRK TO THB BOARD INTBROFFICB 47H FLOOR BX? 7240 RiO FBB 6.00 COPIBS 1.00 MAY ? 5 1999 Property Folio No. 57929960009 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Michael J Fugle 1350 W Huron St Waterford, MI 48328 The Lien was recorded on August 18, 1994 in Official Record Book 001977, page 001738, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7, BLOCK 360, MARCO BEACH UNIT ELEVEN Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Ch~tj~v_q,~n, dire(~ execution and recording of this Satisfaction of Lien, by action of the Board thisC;~~ day of'~'Y'~/~ .., 1999. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483698 0R: 2552 PG: 0875 **= RBCORDBD tn OFFICIAL RBCORDS oR COLLIBR COIJI(TT, FL 05/28/100s et 08:27 DWIGH B. BROCR, CLBRK Retn: CLBRK ?O'L'HB BOARD INTBROFFIC! &TH FLOOR BIT 1240 RBC FIB 6.00 COPIBS 1.00 HAY 2 5 1999 Property Folio No. 57209320000 SATISFACTION OF LIEN KNOW ALL MEN BY THES PRESENTS: That the BOARD OF COUNTY COMMISSIOERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Douglas M Kelly & Deborah L Kelly 305 Ludlow Spdng Lake, NJ 07762 The Lien was recorded on October 14, 1994 in Official Record Book 1994, page 0095, in the Office of the Clerk of the Circuit Court of Collier County, State of Flodda. The Lien secures the principal sum of Two Hundred and Forty-Five Dollars ($245.00), plus accrued interest and penalties, if any, and imposes certain obligations against mai property situated in Collier County, Florida, described as follows: LOT 10, BLOCK 169, MARCO BEACH UNIT FIVE Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chai. L.rw_~r~an, directs exe_cu_tion and recording of this Satisfaction of Lien, by action of the Board this~ day oT'--TY~.z~,V . ,1999. ATTEST! ;' DWIGHT E. BROCK, Clerk ~d legal SUfficienCy ~:: ~ ~ ..,¥~; , ~'~ BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: May 25, 1999 Item #16D3 RESOLUTION 99-242 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 128 CLBRK TO THB BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, FL BBC FBB 6.00 I#TBROFFIC!47H FLOOR 05/28/10SS at 08:25AH D#IGH? B. BROCK, CLBRK COPIBS 1.00 IX? 7H0 242 HAY 2 5 1999 RESOLUTION NO. 99 - A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE t991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 091006 This Resolution adopted second'and majority vote. ATTEST::' .~' ,~ ' DWI G H,.T~E..~E~R~(~ K, CLERK .~,,', ., ~"r.,./ . ¥ ~ ,1999 after motion, BOARD OF COUNTY COMMISSIONERS This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 77400 *** 2483684 OR: 2552 PG: 0851 *** RECORDED tn OHXCXAL RECORDS oK COLLXER COUNTY, FL 05/28/1999 al; 08:25A!( DliXGHT E. BROCK, CLERE netn: CLERK TO Tile BOARD XMTBROFFXCB 4TH FLOOR BXT 7240 EEC FEI 6.00 COPXES 1.00 Property Folio No. 66680240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M & Patricia J Crawford P O Box 724 Goodland FL 33933-0000 The Lien was recorded on the l't day of February, 1993, in Official Record Book 1793, Pages 459 through 598, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety-Nine Dollars and Seventy-Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Pr~ect No. 60000 Account No. 091006 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe~nd recording of this of Lien, by action of the Board this day of ,1999. BOARD OF COUNTY COMMISSIOI~E.~S I~AMEI_~ S: MAC~KIE, CH,N~=,WOMAN / May 25, 1999 Item #16D4 RESOLUTION 99-243 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 129 Retn: CLBRK TO ?BB BOABD IN?BROHIC! l?H ~LOOR BX? 72~0 RESOLUTION NO. 99 - 243 A RESOLUTION APPROVING SATISFACTION OF LIEN FOR A CERTAIN ACCOUNT THAT HAS PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT 6.00 1.00 HAY 2 5 1999 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record In the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein Is hereby approved and the Chairwoman Is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction Collier County: Account No. 22907 Account NO. 46158 Account NO. 132253 This Resolution adopted this~--~ay of/~/~ ,1999 after motion, second and majority vote. ' ' 'DWIGHT.E ~ BROCK, CLERK ..' ,~ ,~ '~,~ £j,_ A0~roved as tO-fOr~ and leg~l' ~gfflc!~?~:~ Of Lien Individually In the official records of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 66680240004 *** 2483777 OR: 2552 PG: 1133 RlCORDBO in OFFICIAL RI¢ORD; of COLLIBR COUII?L FL 05/28/1999 at 09:36A1i DWIGHT 8, BROC[, CL~Rli Retn: CLBRK TO THB BOARD XNTBROFFXCB 4TH FLOOR SX? RBC FB! 6.00 'COPISS 1, O0 MAY 2 5 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M=& Patricia J Crawford P O Box 724 Goodland FL 339330000 The Lien was recorded on the 19~' day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. Project No. Account No. 66680240004 61000 132253 Collier County, a political subdivision of the State of Florida, herebyacknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs ex.B.,ecu_u~on and recording of this ~a,,ction of Lien, by action of the Board this~~= day of t { M'~,' ,1999. This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 36009720009 *** 2483778 OR: 2552 PG: 1134 RBCO~SD In OFfiCIAL RSCORDS of COLLISR CODN?T, Retn: CLBRK TO ?H8 BOARD INTBROFFICB 4TH FLOOR 8%? 7240 RRC FRS 6.00 COPIRS 1.00 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Arthur =& Ernestine perry 4596 318T PL S W Naples FL 339990000 The Lien was recorded on the 19t~ day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 3 BLK 111 LOT 13 OR 1016 PG 1238 Folio No. 36009720009 Project No. 61000 Account No. 46158 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs e, xe, c..q~ and recording of this of Lien, by action of the Board this day of , ,1999. This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 01141560000 *** 2483779 OR: 2552 PG: 1135 ** RBCORDBD in OFFICIAL I~CORDS o[ COLLIBR COUNTY, FL 05/28/1999 at 09:36A~ D~ISHT B. BROCK, CLBRK RBC HI 6.00 Re~n: COP[N 1.00 .CLn[ To ?HB BOARDHAY 5 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the lgh day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF E1/2 OF E1/2 OF NE1/4, LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No. 01141560000 Project No. 61000 Account No. 22907 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairwoman, directs ex,.~e~i~}.9 and recording of this t,_ S.~atisfaction of Lien, by action of the Board this ~-v-,,. day of  1999. .~' /~ Approveo asto~torm. /~]e.ncy / BOARD OF COUNTY COMMISSIONERSx May 25, 1999 Item #16D5 RESOLUTION 99-244 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT OF LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 130 CLSRK TO TH! BOARD RBCORDBD in the OFFICIAL RBCORDS of COLLIER COUNTY, FL NBC FB! IH?BROF~IC! 47H FLOOR 05/28/1999 at 09:28AJ( D¥IGHT B. BROCK, CLBRK COPIIS SX? 72d0 RESOLUTION NO. 99- ~ 6.00 1.00 {999 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 4349 Account No. 10919 Account No. 26000 Account No. 4187 This Resolution adopted this~ay of ~ majority vote. ,1999 after motion, second and ATTEST,:,: ' ~ D~W..IGHT Ei BR,OCK, CLERK :.. !: ~- ,,., .... ;:-, ,. A_.pproveo as ~o ror~;;apo - - BOARD OF COUNTY COMMISSIONERS This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 01141560000 *** 2483760 OR: 2552 PG: 1084 ** RSCORDBD in OHICIA& RBCORDS of COL~ISR COUNTT, rL 05/28/1999 at 09:28~ DNI~H? l. BROCk, C~BR[ RBC ~!! 6.00 Re~fl: COPIBS 1.00 CL~RX ?0 ?fi! BOARD 2N?~ROHIC! ~?~ ~LO0~ H? 7240 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Cimuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF E1/2 OF E1/2 OF NE1/4, LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No. 01141560000 Pr~ect No. 63000 Account No. 4349 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs exe. cution and recording of this, Satisfaction of Lien, by action of the Board this~l~lay of ~::~,~, 1999. BOARD OF COUNTY COMMISSIONE,E~ COLLI~R~,..OUNTY, FLORIDA · //~ ~'PAMELA S. MAC'KIE, CHAIRWOMAN This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36376760006 *** 2483761 OR: 2552 PG: 1085 * RaC0RDID ta OffiCIAl, RaCORDS of C0LLIKR C0UMYY, PI, 05/28/I999 at: 09:28AN DlilOll? a. BROCK, El, IRK Ran: CLARK ?0 ?ifa BOARD IN?aRO~HCl 47ff ~LOOR aX! 1240 6.00 1.00 MA'/ 5 1999 SATISFACTION,OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bradley C Hasselbach 5260 23RD Ave SW Naples FL 339410000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 PART 1 BLK 210 LOT 11 OR 1673 PG I Folio No. 36376760006 Project No. 63000 Account No. 10919 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chaimtoman, directst.~.~e~utio arkan.~d ~?ding of this Satisfaction of Lien, by action of the Board thi~-'-~ay of I/' 1/~ ,1999. BOARDO~.E...COUNTY COMMISSIONF_,RS /1 ..~ COLLIEI~ Cq)UNTY, FLORIDA / / This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 66680240004 *** 2483762 OR: 2552 PG: 1086 RBCORDBD in O~FICIAL RBCORDS of COLLIBR COUNTY, FL 05/28/1999 at 09:28A!( DWIGHT B. BROCK, CLBRK Retn: CLBRK ?O ?HR BOARD XNTBROFFXCB 47H FLOOR BlT 72&0 RRC FB! 6.00 COPIRS 1.00 1999 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M=& Patricia J Crawford P O Box 724 Ooodland FL 339330000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy-Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PETTIT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 63000 Account No. 26000 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, direct,, _,~,~u. tion and recording of this Satisfaction of Lien, by action of the Board thi,,~;~__]3ay oft'~_~ 1999. BOARD OF...C..OUNTY COMMISSIONEtRS / ! This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 63856600109 *** 2483763 OR: 2552 PG: 1087 *= RSCOBDBD tn OFFICIAL ~BCORDS of COLLISR COUNTY, FL 05/28/1999 at 09:28AK DWIGHT S. BROCE, CLERIC RSC ~S! 6,00 Retn: COPIBS 1.00 CLSRK TO TaB BOARD IN?BROFFZC! 47H FLOOR~¥~ ~ 199§ SI? 724O SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samuel J=& Mafia M Gordillo 505 New Market Rd Immokalee FL 339340000 The Lien was recorded on the 22nd day of September, 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty One Dollars and Fifty Cents ($51.50) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 Project No. 63001 Account No. 4187 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs exe.~ti~ ~nd recording of this  of Lien, by action of the Board this day of ,1999. · ;i~ATTEST!. '~ ~ BOARD OF COUNTY COMMISSIONERS D~W~I~;~.')'" E. BROCK, Clerk COLLIER COUNt, FLORIDA ~~.,~ .~:.,. / ~A~ [ MAC'KIE, CHAIRWOMAN rt~pprovea as ~o~ ~ May 25, 1999 Item #16D6 RESOLUTION 99-245 RE THE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS Page 131 Retn: CL~RK fO fHB BOARD INfBROF?IC! 4fH 72{0 uR: Z )Z F(J: 1075 05/28/1999 at 09:21~ DWIGH? N. BROCK, C~[RX 6.00 1.00 RESOLUTION NO. gg-..Z.45. NAY 5 1999 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes .full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairwoman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 3418 Account No. 9470 Account No. 13356 Account No. 19826 Account No. 24565 Account No. 27038 Account No. 5788 :,," :* "This Resolution adopted .? majority vote. D,w!GHT E. BROCt~,L-CLERK ~~d~a~4'~,~nd ' , 1999 after motion, second and This instrument prepared by: David C. Weigel County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483752 OR: 2552 PG: 1076 ** INC0RDIq) ill 0~ICIAI, ltJC0RDS 0f C0LLIBR COUNT/, ~L 05/28/1999 at 09:21U( DI~IGHT !. BROCK, CLBRI[ Retn: CLISK TO TH! BOARD Il?IROn,lC! 4TH ~LOOR 6.00 i. O0 MAY ? 5 1999 Property Folio No: 01141560000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: William R Doster ET UX P O Box 164 Birdon Rd Ochopee FL 339430000 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 9 52 30 S 100FT OF N 400FT OF S3/4 OF El/2 OF E1/2 OF NEll4, LESS E 100FT 1.28 AC OR 873 PG 1465 Folio No. 01141560000 Project No. 64000 Account No. 3418 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Flodda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Florida, acting through its Chairwoman, directs execution Satisfaction of Lien, by action of the Board this DW.. i{~-I~T~ROCK, Clerk ,'Attest !ms to' Cha, tn~n,m APproved as to form ,,. an~ legal sufficie(cy' Commissioners of Collier County, ,~r~~rding of this _ day of BOARD OF COUNTY COMMISSIONERS This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-6400 *** 2483753 OR: 2552 PG: 1077 I~CORDRD in 0F~ICIAL RIiCORDS 0[ C0LI, IliR ¢0UN?Y, 05/28/1999 at: 09:21~ DNIGB'f ]. BROCK, CT, BRK Retn: CLRRK 70 ?HR BOARD 7240 RBC F{! 6.00 COFIBS l. O0 MAY 75 1999 Property Folio No: 36376760006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bradley C Hasselbach 5260 23RD Ave SW Naples FL 339410000 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 PART 1 BLK 210 LOT 11 OR 1673 PG 1 Folio No. 36376760006 Project No. 64000 Account No. 9470 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, ,~: .APpl-0ved as to,form ~:~nd legal suff'~iency Florida, acting through its Chairwoman, directs execution ~~rding of this  tion of Lien, by action of the Board this day of ,1999. This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483754 OR: 2552 PG: 1078 ** RBC0RI)BI) tn OFFICIAL RitC0RDS of C0LLI~I{ COl]II?Y, rL 05/28/1999 at 09:21~ Di~IGI{T B. BROCK, CLBRI[ Retn: CLBBX ?0 ?H! RBC FBI 6.00 COPZBS 1.00 NIAY 2 5 1999 Property Folio No: 38341600005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Dale J Hoover ET AL 5745 14TH Ave SW Naples FL 339990000 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 33 W 105FT OF TR 110 OR 943 PG 1282 Folio No. 38341600005 Project No. 64000 Account No. 13356 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution aoj;;~rding of this  ion of Lien, by action of the Board this day of ,1999. ATTEST~: ~'~,. ; ~ BOARD OF CO. IJNTY COMMISSIONERS . , ,pWl~¥~OC-'i(,'.Qlerk COL~I~ COUNTY, FLORIDA / /x~' //" :~'" :'A~I: ' '"' ~''''~'' , // PAMELA S. MAC'KIE,'~HAIRWOI~AN · Approveo as' TO'l~rh'l '~.~. and legal sufficte~icy. · This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483755 OR: 2552 PG: 1079 05/28/1999 at 09:21~ D~IGHT ~. BROCK, CLgR[ Retn: CLIRR ?0 ?Bi BOARD IN?HOFFICl 47H FLOOR 7240 6,00 1.00 MAY ? 5 i999 Property Folio No: 61481600000 SATISFACTION OF LIEN KNOWALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: John=& Dorothy Johnson 1872 Airport Road Naples FL 339620000 The Lien was recorded on the 14"' day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES BETTER HOMES 1ST ADD BLK 5 LOT 1 OR 1630 PG 1211 Folio No. 61481600000 Project No. 64000 Account No. 19826 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution a~r~ording of this Sat~f~c_tign of Lien, by action of the Board this~ day of ,1999. I ATTEST.'.. ~.~' BOARD OF COUNTY COMMISSIONERS ". .... :!:!i;Appr°vea as To, form ' ~ :.and legal sufficiency This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483756 OR: 2552 PG: 1080 ** R~CO~DBD in OHI¢IAL RlCORD$ Of COLLII~R COIINTT, FL 05/28/1999 at 09:21~ 91IG~T ~. BROC[, CLBR[ Retn: CLRR[ TO THI BOARD IN?IROFFIC! 47N FLOOR R~C la! ~,00 COPII~ 1.00 ? 5 !999 Property Folio No: 66680240004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: David M=& Patricia J Crawford P O Box 724 Goodland FL 339330000 The Lien was recorded on the 14t~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PET'I'IT LOT 11 OR 1348 PG 764 Folio No. 66680240004 Project No. 64000 Account No. 24565 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners Florida, acting through its Chairwoman, directs execution aja,d_LrgRording of S~ct. ion of Lien, by action of the Board this~'* day ,1999. ' ATT~;?? ~' :', BOARD OF Co~U,UNTY COMMISSIONERS / .oDWIGI~¥~OCK, Clerk CO. ELIER.C.OUNTY, FLORIDA, /,,, ~¢,~!~nd~legal suffidencY of Collier County, this of This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483757 OR: 2552 PG: 1081 BBC01~DID hi 0~lCIAI, RlC01~S of C0u, IBI~, C0UliTT, Retn: CLBR[ ?0 ?HB BOAP, D IN?BROHIC! 47H YLOOR BIT 724O RBC FSB 6.00 COPZBS I. 00 NAY 2 5 199 Property Folio No: 74412280004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Tim S Porter 3505 Okechobee St Naples FL 339620000 The Lien was recorded on the 14~ day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred and Four Dollars and Thirty-Seven Cents ($104.37) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: SOUTH TAMIAMI HGTS BLK D LOT 7 OR 1623 PG 987 Folio No. 74412280004 Project No. 64000 Account No. 27038 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairwoman, directs execution a.13d. ~rding of this  ion of Lien, by action of the Board this day of ,1999. I .." .AT"r~,ES~, ':..? BOARD OF COUNTY COMMISSIONERS ,, / ~,. '~6d. legal sufficiency .. ,.~y ~ ~ ~ , This instrument prepared by: David C. Weigel County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2483758 OR: 2552 PG: 1082 ** RDCORDRD in OFfiCIAL RSCORDS oF COLLTRR COUFt'T, FL 05/28/1999 at 09:21AK DN[GHT B. BROC[, CLBRK Retn: CLBRX TO ?HR BOARD IN?BROFFIC! 47H FLOOR BXT ~240 IIBC Fl! 6.00 COFIBS 1.00 Property Folio No. 63856600109 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Samuel J=& Maria M Gordillo 505 New Market Rd Immokalee FL 339340000 The Lien was recorded on the 14'" day of September, 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty-Three Dollars and Thirty-Six Cents ($53.36) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 Project No. 64001 Account No. 5788 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs exe_cqti~n and r~c~r_ding of this Satisfaction of Lien, by action of the Board this(~y of ~' jl' Jf..Jy 1999. ATTEST: ~ BOARD OF COUNTY COMMISSIONERS DW~I~,~,.BROCK, Clerk C~IJ.~ER C~_~OUNTY, FLORIDA · ~/PAMELA S. MAC'KIE, CHAIRWO/M'AN May 25, 1999 Item #16D7 AWARD RFP #99-2907, PROPERTY AND CASUALTY INSURANCE BROKERAGE SERVICES TO INSURANCE AND RISK MANAGEMENT SERVICES, INC. WITH THE EXCEPTION OF AIRCRAFT INSURANCE AND AIRPORT LIABILITY INSURANCE WHICH WILL BE MANAGED UNDER AN AGENT OF RECORD LETTER THROUGH NATION AIR INSURANCE AGENCY, INC. Item #16D8 BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REIMBURSEMENT OF OPERATING EXPENSES IN THE AMOUNT OF $34,000.00 Item #16D9 MEMORANDUM OF UNDERSTANDING WITH THE WORKFORCE COUNCIL OF SOUTHWEST FLORIDA FOR A SUMMER YOUTH PROGRAM BETWEEN THE AGES OF 14 AND 21 FROM MID-JUNE THROUGH MID-AUGUST, 1999 Page 132 MEMORANDUM OF UNDERSTANDING , BETWEEN ' THE JTPA PROGRAM ADMINISTRATOR AND THE PUBLIC OR NON-PROFIT EMPLOYER This Memorandum of Understanding is entered into thi day o~'~C']~ 1999, between ! hereafter referred to as the Agency and/or Works~te, and the Workforce Council of Southwest Florida. Inc. hereafter referred to as the Program Administrator and Employer. It is understood by all parties that this Memorandum of Understanding relates to Employment, Training, and Sen'ices to be provided relating to the Summer Youth Employment and Training Program which is authorized under the Job Training Partnership Act of 1983. MAY ? ,5 1999 It is understood that the Employer is either a governmental agency or a private non-profit organization, free of discrimination because of race, sex, age, creed, color, religion, or political affiliation, and that participants in the program Mil not be employed on the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction, as a place for religious worship, or for partisan or political purposes. Participants will not be used for the advantage of any private individual or private-for-profit agency, but will be provided useful work experience which will be consistent with each participant's capabilities and interests and which will assist these youth to. obtain future unsubsidized employment. It is agreed that such work experience will be conducted in a safe and sanitary working environment. In addition, it is understood that unexcused absences for JTPA participants will be handled pursuant to policies and procedures of the Program Administrator. The Worksite agrees: To provide the Program Administrator one complete "Statement of Work" for each Worksite of the Agency utilizing Summer Youith participants. All Supervisors must be listed. The Statement(s) of work are subject to monitoring review. To provide meaningful and productive work for a maximum of participants on a scheduled work plan with the understanding that the Supervisor/Participant ratio will be at least one (1) supervisor to every ten (10) participants who are enrolled in the Summer Youth Employment and Training Program (SYETP). · 19l~morandum of Understanding T0furnish the equipment, tools, materials, and supplies that a~e necessary for the work being performed by the Summer Youth participant(s). '4. To cooperate fully with the Monitoring Unit of the Program Administrator's office, · 'by maintaining current and accurate time and attendance records as well as a list of current Work.site activities, and by allOwing access to same at the request of the Program Administrator's representative for the purposes Of monitoring of the Worksite, counseling of the participants, and coordinating other work activities. To maintain accurate time and attendance records on each participant reflecting the time actually worked by each participant. Insure that the participants are not allowed to handle the time and attendance records. These records must be filled out in ink and signed in ink at the end of each pay period by the participant and the supervisor as certification to their accuracy. The participant cannot sign for the supervisor nor the supervisor for the participant. Time and attendance records will be picked up every other Friday by a staff member of the Program Administrator. To provide reasonable regulations for the attendance and continued good work habits of the p _attic!pan. ts. Develop adequate policies, procedures, and controls to ensure that no participant receives any ~'pe of remuneration for unexcused absences, unworked hours, or participati6fi in recreational or educational activities. Participants can only be paid for hours worked. 7. To assure that sufficient work is available to occupy each participant. To develop adequate coordination with the Program Administrator to allow sufficient opportunities to implement appropriate contingency activities in the event of inclement weather. To provide a job description of each position that will be filled by Summer Youth participants. 10. To provide an experienced Supervisor(s) tO the participants without compensation from the pro.am. l~l~morandum of Understanding MAY ? 5 'B99 11. 12. To contract the Program Administrator prior to the release of a partm~pant from the Worksite or immediately after notice of termination by a participant so that this agreement may be modified. · Insure that supervisors understand that on-the-job injuries to participants MUST be reported to the Program Administrator'S office IMMEDIATELY. 13. To assure that no participant will be allowed to work more than 40 hours per week. The AgencyAVorksite will be liable for payment of the excess hours. Participants aged 14 and 15 must not work more than eight (8) hours per day. 14. To assure that participants aged 14-17 MUST have a thirty (30) minute break after working four (4) consecutive hours. Failure to comply with the Child Labor Laws could result in fines being levied. 15. To assure, pursuant to the Fair Labor Standards Act, that no participant under 18 years of age will be employed in any occupation found by the Secretary of the United States Department of Labor to be particularly hazardous for individuals between 16 and 18 y~ears of.age (Subpart E of Part 570 of Title 29). 16. To provide each Sup-e-rvisor whose name appears on the "Statement of Work" a copy of the complete Memorandum of Understanding. Sul~ervisors will be expected to understand the contents of this agreement and are subject to being monitored. 17. To adhere to the rules and regulations governing the Summer Youth Employment and Training Program. The Program Administrator agrees to provide remuneration to the participants by check every other Friday. The checks will be distributed by the Program Administrator's staff. Participants MUST sign for their check on receipt. This Memorandum of Understanding shall be effective from the date it is signed until the termination of the Summer Program or unless terminated by either party provided the canceling party gives at least five (5) days advance notice. 3 9-2~-1996 2~36AM FROM vlemorandum of Understanding Board of Commissioner~ oTPrint).. Mae'Ki¢ '" Pamela S. Ma¢'Ki~ MAY ? 5 1999 Title ~ddross Telephone Number sIGNATIiRE. PAGE Representative (Ty~ or Print) Re x~entativo (Si:,,naturo) Title Address Workforce Council of Southwest Florida, In~. t (Type or Print) . Telephone Numb,r Woxkfome Council of Southwest Florid:t, Inc. JTPA Program Administrator f'"Rq>rescnta{i~ May 25, 1999 Item #16D10 INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AS IT RELATES TO THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM FOR REGION 24 Page 133 WORKFORCE INVESTMENT ACT INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM This Agreement is made and entered into between the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida, for continuation of the Southwest Florida Job Training Consortium. WITNESSETH: WHEREAS, the Workforce Invesmaent Act of 1998, hereinafter referred to as the Act, Federal Public Law 105-220, replaces the Job Training Partnership Act as amended in 1996, and restructures a multitude ofworkforce development programs into an integrated workforce investment system and authorizes the expenditure of federal funds for allowable services and activities in local workforce investment (development) areas; WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five county workforce development area, Region 24, and this designation has been automatically approved by the em-rent Governor to continue under the Workforce Investment Act; WHEREAS, the five participating counties had previously entered into an interlocal agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into agreement with a Private Industry Council acting as grant recipient and administrative entity until such time as the Southwest Florida Workforce Development Board, Inc. was formed, and continued under that agreement; WHERF_a~, the Region 24 Workforce Investment Area is required to submit a Workforce Investment Act [a~an pursuant to Section 118 of the Act; NOW 'I7-IEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: I. Continuatioa of the Southwest Job Training Consortium. Ao By virtue of the earlier Interlocal Agreement, the participating five counties agree to accept the Governor's designation of the five county local area as Workforce Investment Area Region 24 for purposes of programs promulgated under the Act; By virtue of the earlier Interlocal Agreement, the five counties agree to continue the Southwest Florida Job Training Consortium (the "Consortium") which is composed Page 1 of 9 1999 II of the Chief Local Elected Official (Chair) from each of the participating County Commissions, or a designee, who shall be an elected County Commissioner. These five Chairs will elect one member of the Consortium to serve as Chair of the Consortium. This position may then rotate each year according to procedures developed by the Consortium. Authority and Responsibilities of the Southwest Florida Job Training Consortium. Ao Section 117, 118, and 121 of the Workforce Investment Act is hereby incorporated within this Agreement as if set out herein. The Consortium shall request any change in the number of local board members of the Southwest Florida Workforce Development Board, Inc. that will represent each county, identify which sector they will represent, identify the length of term, and request certification from the Governor should any changes to the current representation be required, ensuring that 51% of the membership represent the private sector. Co Each County Chair, or designee Commissioner, shall be responsible for making his/her County's private sector appointments, in accordance with the Act, to the Board for the participating counties. The nomination process for these appointments must adhere to the following criteria: Representatives of business in the local area who are owners of businesses, chief executives or operating officers of business, and other business executives or employers with optimum policymaking or hiring authority; Representatives of businesses with employment oppommities that reflect the employment opportunities of the local area; and Representatives are appointed from among individuals nominated by local business organizations and business trade associations. E. l~he nomination process for these private sector appointments shall be as follows: ¸, Private sector representatives shall be selected from among individual nominated by general purpose business organizations after consulting with and receiving recommendations from other business organizations in the workforce development region. General purpose business organizations are defined' as those organizations which admit to membership any for-profit business operating with the workforce development region, or any entity that represents or serves as an maabrella organization that includes membership from for-profit businesses. Such nominations, and the individuals selected from such nominations, shall rea~sonably represent the industrial and demographic composition of the Page 2 of 9 5 '1999 business community. The Chair of the Southwest Florida Workforce Development Board, Inc. is selected from the private-for-profit sector. Fo Ensure through its appointments that the Southwest Florida Workforce Development Board include required public sector representatives, as required under the Act and State of Florida definitions, regardless of County, with optimum policymaking authority within the organizations, agencies, or entities: Representatives of local educational entities, including local educational agencies, local school boards, entities providing adult education and literacy activities, and postsecondary educational institutions (including representatives of community colleges, where such entities exist), selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing such local educational entities; Representatives of labor organizations, nominated by local labor federations, or (for a local area in which no employees are represented by such organizations), other representatives of employees; Representatives of community-based organizations (including organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); Representatives of economic development agencies; Representatives of each of the one-stop partners; and May include such other individuals or representatives of entities as the chief elected official(s) in the local area may determine to be appropriate. Go Share with the Southwest Florida Workforce Development Board the responsibility get the following: approval of the Workforce Investment Act plan which shall be prepared for the Region by the designated administrative entity, and provided to the Workforce Development Board and the Consortium for joint approval. approval of the local Workforce Development Board budget submitted with the plan; · oversight of activities and services including designation, certification, or termination of One Stop Operators. appointment of Youth Council members in coordination with the Workforce Development Board's Chair which shall include: · members of the Workforce Development Board with special interest or expertise in youth policy; · representatives of youth service agencies, including juvenile justice and local law enforcement agencies; representatives of public housing authorities; · parents of eligible youth seeking training assistance; Page 3 of 9 1999 individuals, including former participants, and representatives of organizations that have experience relating to youth activities; representatives of the Job Corps; and other individuals as the Chair of the Workforce Development Board in cooperation with the Chief Elected Official determines appropriate. Terms of Agreement. Ao None of the parties hereto shall be liable for any claims, damages, injuries, loses or expenses arising out of or resulting from any act, omission, or negligence of the others, their officers, employees or agents, related to the parties' respective authorities and responsibilities under this Agreement. The terms of the Agreement shall commence on or retroactively to the 1st day of July, 1999, and shall run through June 30, 2000, and thereafter Shall automatically be renewed for the dates of each five-year Workforce Investment Plan, unless any party notifies the others of its intention not to renew at least 90 days prior to the expiration of the original term or any five-year renewal term. Upon proper execution, and as of July 1, 1999, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing, approved by all parties, signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the participating counties. IN V~STNESS WHEREOF, the parties have executed this Agreement as indicated on the attached pages. Page 4 of 9 PASSED AND DULY ADOPTED THIS BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA Signature of CHAIR OR COMMISSIONER DESI.qNEE Mac V. Horton, Chairman Attest: By: Attest: of t~ ~ ~t a~ Ex-Off~ ~rk,to the uoarO of O~ty~s~s APPROVED AS TO FORM AND LEGAL SUFFICIENCY Renee Francis Lee County Attorney Page 5 of 9 PASSED AND DULY ADOPTED THIS DAY O~~L~, 1999. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~y: ~~~~-~ ~ Page 6 of 9 PASSED AND DULY ADOPTED THIS DAY OF t0/oFi / , 1999. BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA Attest: Sign~~YCHAIR O~COMMISSIONER DESIGNEE APPROVED AS TO FORM AND LEGAL Page 7 of 9 PASSED AND DULY ADOPTED THIS //'7"A-- DAY OF ?r~.~ ,1999. BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY, FLORIDA Signature of CHAIR OR COMgtlSSIONER DESIGNEE Attest: Christine Pratt: Clerk of Courts By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Page 8 of 9 PASSED AND DULY ADOPTED THIS DAY OF aunt. . ,1999. BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA Signature of CHAII~(~OMMISSIONER DESIGNEE Attest: Charl[e C, ro.'en, Ex- Officio L~oard ~f,.C,.OU,n?y C.:~rnmi,~sio~]ers ".~;.~ '~, Y: DEPUTY, - /,/',.;,;...,. ,., ' ,.x~ iii ~l APPROVED AS TO FORM AND LEGAL SUFFICIENCY / By: ,~ '~/~ Coun~ Attorney's Office Page 9 of 9 May 25, 1999 Item #16Dll BUDGET AMENDMENTS FOR THE EMERGENCY WATER REPAIR TO THE MAIN GOVERNMENT COMPLEX WATER SYSTEM IN THE AMOUNT OF $116,200.00 Item #16E1 BUDGET AMENDMENTS NO. 99-256 AND NO. 99-264 Item #16E2 RESOLUTION 99-246 RE THE BORROWING OF AN AMOUNT NOT TO EXCEED $6,500,00.00 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN ADMINISTRATIVE BUILDING FOR THE COLLIER COUNTY SHERIFF'S DEPARTMENT; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT Page 134 RESOLUTION NO. 99-246 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $6,500,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN ADMINISTRATIVE BUILDING FOR THE SHERIFF'S DEPARTMENT; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. HAY 2 5 1999 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. FlAY 2 5 1999 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-11-1" means the Loan designated as "Loan No. A-11-1" the proceeds of which are to be used to finance Project A-11. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of 2 HAY 2 5 1999 the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-11" means the costs and expenses relating to the acquisition, construction and equipping of an administrative building for the Sheriffs department, as the same may be amended or modified from time to time, all as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to fmance and refinance other governmental needs. (B) In furtherance of thc foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of thc Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refmance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to fmance Project A-11 and the most cost-effective means by which to f'mance Project A-11 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A- 11-1 pursuant to the terms of the Loan Agreement and the financing of Project A-11 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A- 11- l shall be repaid solely fi'om the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A- l 1-1 in the aggregate amount of not exceeding $6,500,000 for the purpose of providing the County with sufficient funds to finance Project A-11. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behaff of the County a Loan Note or Notes with respect to Loan No. A-11-1 and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-I 1-1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-11-1 shall reflect the terms 4 HAY 2 5 1999 of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A- 11-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-11 and is permitted by the Loan Agreement. Loan No. A-11-1 shall mature and be repaid in such manor as the Finance Director and the Commission shall determine prior to the issuance of any Loan Note with respect to Loan No. A-11-1 so long as the final maturity of such Loan Note shall not be longer than the expiration date of the Credit Facility. Loan No. A- 11-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-11-1 shall be 30 basis points or such other amount as First Union National Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-11. The County does hereby authorize the acquisition and construction of Project A-11. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A- 11-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-I 1-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining f4AY 5 W99 covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this 25th day of May, 1999. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: PAMELA S. MAC'KIE, CHAIRWOMAN County Attorney 6 May 25, 1999 Item #16G1 BUDGET AMENDMENT TO PAY FOR IMPACT FEE COLLECTION COST PAYABLE TO BUILDING REVIEW AND PERMITTING Item #16G2 AN AGREEMENT TO PROVIDE FOR A MAXIMUM EXPENDITURE OF $50,000.00 FROM THE GAC LAND TRUST TO PURCHASE LAND AND TO INITIATE THE DESIGN OF AN EMS AND FUTURE SHERIFF'S OFFICE SUBSTATION TO BE LOCATED WITHIN GOLDEN GATE ESTATES Page 135 MAY 5 1999 THIS AGREEMENT made this~ay of_j~)~~, 1999 between COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as "Trustee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter referred to as the "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, Trustee has acquired 1,061.5 acres located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to Trustee and/or the monetary proceeds acquired from the subsequent sale of said Property are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, Trustee currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, County is requesting Trustee purchase that property described as the North 1/2 of Tract 51, GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida (hereinafter referred to as "Land") and to utilize funds from the GAC Land Trust to initiate the design and engineering of an emergency medical services and future Sheriff's Office facility which shall be constructed on the aforementioned Land located within "Golden Gate Estates"; and WHEREAS, Trustee has determined that County's request is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing funds for land acquisition, design and engineering required to construct an emergency medical services and future Sheriff's Office facility (hereinafter referred to as "Facility"). WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated May 10, 1999, approving the use of funds derived from the sale of Property to acquire the Land and to fund a portion of the design and engineering (hereinafter referred to as "Design") for the Facility within "Golden Gate Estates". WHEREAS, the County intends to initiate the Design of the Facility upon execution of this Agreement. NOW THEREFORE, in consideration of the above premises which are incorporated within and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties hereto do agree as follows: 1. Trustee hereby agrees to contribute a maximum of Fifty Thousand and No/100 Dollars ($50,000.00) of the total funds to be expended by the County for purposes hereinafter stated, (hereinafter referred to as the "Funds"), for purposes of initiating the Design of the Facility and acquiring the Land in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the Design of the Facility and the acquisition of the Land. 2. The County agrees and warrants that the Funds will be used solely for said Land acquisition and Design needed to provide an adequate Facility to serve the public. 3. The County hereby agrees that the acquisition of Land and Design of the Facility shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may be applicable. 4. Payment of the Funds to the County for the Property and Facility shall be in accordance with the following: (1) All Land costs shall be withdrawn directly from Fund 605, GAC Land Trust, and shall be administered by the Real Property Management Department. ' ' MAY 2 5 1999 (2) The Trustee shall make available those remaining Funds ($50,000 less any and all Land and associated costs) for the Design upon County's acceptance of a design consultant or firm to provide such services as required herein. Said payment(s) shall be made within thirty (30) days of receipt of appropriate verification as stated below by the Trustee, with copy to the Real Property Management Department Director, of said verification. A. The County, or its designee, shall: (a) provide the Real Property Management Department Director, copies of all invoices, purchase orders, checks or other documentation which evidence the expenditures by the County of the Funds used for Design. Said documentation shall clearly state the purposes of said expenditure. Payments(s) shall be approved upon satisfactory review by the Real Property Management Department Director and shall be made payable directly to the appropriate vendor. B. Upon completion of the Design of the Facility, the County or its designee shall (1) promptly forward a letter to the Trustee stating that all moneys from the GAC Land Trust have been used for the purposes of initiating the Design of the Facility in Golden Gate Estates and that all payments have been disbursed in accordance with the Agreement; and (2) refund to Trustee any and all Funds, or any portion thereof, not utilized for said Land and Design shall be deposited directly into the GAC Land Trust Fund 605. C. The Land shall be utilized by the County for an emergency medical services and future Sheriff's Office facility. In the event that the Land is not utilized by the County for an emergency medical services or a future Sheriff's Office facility, it is understood and agreed by the parties that the Land shall revert to the GAC Land Trust and any Funds provided for the Design shall be refunded and repaid to Trustee, within thirty (30) days, and shall be deposited directly into the GAC Land Trust Fund 605. D. The County covenants and agrees that upon the payment of all or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the County to pay any remaining balance required to complete the construction of the Facility. E. All Funds requested, in accordance with this paragraph shall be disbursed within twelve (12) months of the execution of this Agreement by both parties. In the event that the Design is not completed by the County within twelve (12) months from the execution of this Agreement, it is understood and agreed by the parties that the County shall refund or repay to Trustee, within thirty (30) days, any and all Funds which have been provided to the County pursuant to the provisions of the 1983 Agreement. 5. County agrees to protect, defend, indemnify and hold the Trustee harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the selection, purchase, delivery or installation or use of the Facility by the County, its agents, employees, or in any way related to the Facility by the County, its agents, employees or any third party. 6. The County understands and agrees that the Funds to be provided to Collier County in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to Collier County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in Fund 605-122390 (The GAC Trust Land Sales Fund). 7. The County agrees that following construction of the Facility, the site shall be used primarily for servicing the geographical area commonly known as "Golden Gate Estates". 8. This Agreement is governed and construed in accordance with the laws of the State of Florida. 9. Any notice required by this Agreement shall be addressed to the parties at the address set forth below: IF TO THE COUNTY: Collier County c/o Emergency Medical Services Department Building "H" 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE TRUSTEE: Collier County c/o Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Af,4y 2 $1999 10. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both parties. IN WITNESS WHEREOF, Trustee and County have caused this Agreement to be duly executed on the day and year first above written. AS TO TRUSTEE: DATED!' ~ ATTEST: DWI G HT~E:F-B,~OCt~;;~CIorE ~-EP~JTY CLERK Attest as to Chatrm~'$ COLLIER COUNTY, a POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST / ~-,'PAMELA S. MAC'KIE, Chairwor~an / AS TO COUNTY: D',~TED~ ~',r~ ~--~ ATT~'S~ ,:/' DWIGHT E.J~OCK, Clerk .DEPUTY CLERK Attest ~s to Approved as to form and lega~ sufficiency: H~idi F. Ashtoh Assistant County Attorney COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA PURCHASE AGREEMENT HAY '2 5 1999 THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JUAN A, REYES, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors ~nd assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land (hereinafter referred to as the "Property"), located in Collier County, State of Florida, and being more particularly described as follows, to wit: The North ½ of Tract 51, 'GOLDEN GATE ESTATES, Unit No. 9, according to the plat thereof, as recorded in Plat Book 4, Pages 99 and 100, of the Public Records of Collier County, Florida. WHEREAS, Owner desires to convey the Property to Purchaser on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser by Warranty Deed for the sum of $35,600.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. Purchase Agreement Page 2 o o 10. 11. The Purchaser shall pay for all costs of recording the conveyance instrument and recording costs for any curative instruments in the Public Records of Collier County, Florida. Purchaser shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the Public Records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, shall be borne and paid by Owner. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) This Agreement is governed and construed in accordance with the laws of the State of Florida. WITNESS · WHEREOF, the parties hereto have executed this Agreement on thisq::,~'~'"day of Date Property acquisition approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGH~/~OC~.er.k , Deputy Clerk BOARD OF COUNTY COMMISSIONERS I"AMIC. LA ~. MAI.;'I~It', ~nt~lrwoman I AS TO OWNER: DATED: Witness (Sighature) Name: ~J~,~ ~ / ~itne~ Name: Print or Type) ;91"gnature) . G rc( ,, Print or Type) Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney May 25, 1999 Item #16G3 CREATION OF TEAM COLLIER 2000 TASK FORCE TO COORDINATE Y2K ACTIVITIES THROUGHOUT COLLIER COUNTY Item #16H1 MISCELLANEOUS CORRESPONDENCE FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the BCC has been directed to the various departments as indicated: Page 136 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 25, 1999 FOR BOARD ACTION: 1. 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 26 - 30, 1999 B. May 3-7, 1999 3. Districts: Ao Collier Soil and Water Conservation District - Agendas of April 7, 1999 and May 5, 1999 and minutes of March 17, 1999 and April 7, 1999 meetings Lely Community Development District - General Purpose Financial Statements September 30, 1998; Local Government Annual Financial Report; Description of Outstanding Bonds; and Budget for 1998 4. Minutes: A. Historical/Archaeological Preservation Board - Agenda of April 16, 1999 B. Public Vehicle Advisory Committee - Minutes of January 5, 1999 meeting Emergency Medical Services Advisory Council - April 28, 1999 meeting notification Historical/Archaeological Preservation Board - Minutes of March 12, 1999 meeting Collier County Water and Wastewater (Utility) Authority - Minutes of January 25, 1999 meeting Board of Building Adjustments and Appeals - Minutes (abbreviated) of April 7, 1999 meeting Oo Pathway Advisory Committee - Agenda of April 23, 1999 and minutes of February 26, 1999 meeting AGENqA~ IT~,~I No., HA)' 2 5 lgg9 pg.. / May 25, 1999 Item #1611 BUDGET AMENDMENT IN THE AMOUNT OF $325,000.00 TRANSFERRING FUNDS FROM RESERVES TO REDEMPTION OF LONG-TERM DEBT-PINE RIDGE INDUSTRIAL PARK AND NAPLES PRODUCTION PARK SPECIAL ASSESSMENT BONDS, SERIES 1993 Item #1612 AN INCREASE OF FIFTEEN SWORN LAW ENFORCEMENT OFFICERS IN THE 1998/99 SHERIFF,S OFFICE BUDGET FOR THE UNITED STATES DEPARTMENT OF JUSTICE THREE YEAR COPS IN SCHOOLS GRANT PROGRAM Page 137 HAY 2 5 1999 John C,, Norris DLsl~lct 1 James D. Carter, Ph.D. Disbict 2 Timolhy J. Constantine District 3 Pamela S. IVlac'Kle District 4 Barbam B. Berry District 5 UPS NcxtDay Air N438 3455 05 2 3301 East Tamiaml Trail · Naples, Florida 34112-4977 (941) 774-8097 * Fax (941) 774-3602 May 25, 1999 COPS Universal Hiring Program U.S. Department of Justice 1100 Vermont Avenue, NW Washington, DC 20530 Attn: Sara Wolf Grant Advisor Re: ORI # FL01100 COPS in Schools - Request for Additional Officers Dear Ms. Wolf: On November 25, 1998, the Collier County Sheriffs Office (CCSO) submitted a grant application for funding for nine COPS In Schools Officers. On April 23, 1999, SherkffHunter received notification from Senator Bob Graham of the COPS In Schools grant award. This letter serves as a request for COPS In Schools funding for an additional fifteen unbudgeted CCSO officers for Collier County Schools. The need for funds to support a significantly higher number of school officers than was originally requested will enable CCSO to provide at least one officer in each of the 33 primary ancl secondary schools in Collier County. With added COPS In Schools funding, this goal will be achieved. As one of the fastest growing areas in the country, and with a rapid increase in incidents of crime and violence and the fear of crime and violence in and around schools, the severity of violent school tragedies, nationally over the past year requires that we continue to be more proactive in preventing such occurrences in Collier County. Consideration to increase the total number of COPS In Schools awarded positions from nine to twenty four is appreciated. Attached please fmd an executed Retention Plan, Assurances, and Certifications. If you have any questions or need additional information regarding this request, please call the Sheriffs Office Grant Coordinator Joyce Houran at 941-793-9346. Enclosures l/Board Chah"~'oman FDon Hunter, Collier County Sheriff 5 1999 COLLIER COUNTY SHERIFF'S OFFICE COPS GRANTS RETENTION PLAN The Collier County Sheriff's Office (CCSO) assumes a progressively larger share of an officer's salary and fringe benefits each year over the three years of the COPS AHEAD, COPS UNIVERSAL, and COPS in Schools grants, leading to full-time retention of the officer at the conclusion of the grant. CCSO has assurances from the local Board of County Commissioners that officers will be retained. Executive summaries are submitted by the CCSO to the Board of County Commissioners requesting increases in the number of CCSO budgeted positions on COPS AHEAD, COPS UNIVERSAL Hiring, COPS TO COMBAT DOMESTIC VIOLENCE PROGRAM, and COPS in Schools grants. The Board has approved all requests for curreht and subsequent year budget increases. New recruits were not hired under the COPS MORE '95, COPS MORE '96, and COPS MORE '98 grants as funding certified officers was unallowable under these programs. Any full-time equivalencies (FTEs) as a result of the COPS MORE grants are by currently employed Deputies. When COPS grant project and program periods are over, the CCSO will continue to fund the costs of maintaining, upgrading and/or replacing grant funded equipment/technology in order to support community policing as effectively as possible. CCSO has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the Sheriff's Office intention to proceed with this method to fund additional agency positions and maintain and procure technology/equipment enhancements and upgrades of currently funded grant programs. Federal funding will be pursued. Non-federal funding sources such as state grants, additional law enforcement funding from private sources, including corporate, nonprofit and foundation donations and grants will be sought. Should the referenced funds not be available, solicitation of funds from the confiscated trust funds will be sought. Should any of these funds not be provided, COPS positions and costs of maintaining COPS programs will be included in applicable fiscal year CCSO operating budgets. May 25. 1999 Activities will continue on current grants after grant funds end. With experience, planned training, maintenance and enhancements, activities should even increase after a grant period ends because of familiarity of the project programs and advancements and speed associated with technology. Approved az to form & ~egal suffkdou~tf As~t~t County Attorney U.S. Department of J tice .5 1999 . . , .... Office of Co--unity O ented Policing Se ces ,,, , ~e~ pmvbiom of ~e~ law ~d ~ apply to ~ ~t p~. We {ae O~ce of Co~,~ea~Fo~8 S~<~ ~ to secu~ yo~ ~s~n~ that you the maEem on w~ we ~k yo~ ~e, ple~ By your authofiz_-,ci rep~,tive's si~tum, you ass~ m ~d cettif7 to ~ that you will compJy ~t~]~~tive require- menes that govern the applicant for acceptance and use of Federal grant funds. In particula~ you assure us that: 1. You have been legalJy and officially authorized by the appropriate governing body (for example, mayor or dry council) to apply for this grant and that the persons signing the application and these assur- ances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during processing of this application. 2. You will comply with the provisions of Federal law which limit certain political activities of your employees whose principal em- ployment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. You will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if they apply to yOU. 4. You will establish safeguards, if you have not done so already, to prohibit employees from using their positions for a p~ that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. You will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. You will comply with all requirements imposed by the Depart- ment of Justice as a condition or administrative requirement of the grant; with the program gtddelines; with the requirements of OMB Circulars A-87 (governing cost calculations) and A-128 or A-133 (gov- erning audits); with the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual; and with all other applicable laws, orders, regulations or circulars. gender, disability or age, unlawfully exclude any person from partic- ipation in, deny the benefits of or employment to any person, or sub- ject any person to discrimination in connection with any programs or activities funded in whole or in part with Federal funds. These civil rights requirements are found in the non-discrimination provi, sions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U$.C. § 3789(d)); Tale VI of the Civil Rights Act of 1964, as amended (42 U$.C. § 2000d); the Indian Civil Rights Act (25 U$.C. ,~ 1301-1303); Section 504 of the Rehabilitation ACt of 1973, as amend- ed (29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabil- ities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non-Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against you after a due process hearing, you ague to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531. B. If you are applying for a grant d $500,000 or more and Depart- ment regulations (28 CFR 42.301 et seq.) require you to submit an Equal Opportunity Employment Plan, you will do so at the time of this application, ff you have not done so in the past. ff you are applying for a grant of less than $500,000 and the regulations require you to maintain a Plan on file in your office, you will do so within 120 days of your grant award. 9. You will insure that the fadlities under your ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that you will notify us if you are advised by the EPA indicating that a facility to be used in this grant is under consideration for listing by EPA. 7. You will, to the extent practicable and consistent with applicable law, seek, recruit ana hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn posi- tions in your agency. 8. You will not, on the ground of race, color, religion, national origin, 10. If your state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, you have made this application available for review by the state Single Point of Contact. 11. You will devise a plan to retain the increased hiring level with state and local funds after the conclusion of your grant. I ceru'f covianee withj e a_bove as_suranc aWii U of ~ - i -S M~Ki~ Collier ~ounty ~ard Chai~n , II (a) The dangers o~ drug abuse in the workplace; (b) The grantee's policy of maintaining a dins-free workplace; (c) Any available drug; counseling, mhab'ditation and employ- (d) The pen~ that may be ~ ~ employes for clog-abuse violatiom oc~-un~ng in the workplace; = ('tii) Making it a requ~ernent that each employee to be engaged in the performance of the 8rant be given a copy of the statement mquimt by parasraph (i); (iv) NoUfxing the employee in the totemthe mquin~ by paragraph (i) that, as a condition of employment under the grant, the employee will -- (a) Abide by the tetrns of the statement;, and (b) Notify the employer in writing of his or her conviction for a violation of a criminal dru8 statute occutrin8 in the work- place no later than live calendar days after such conviction; (v) Notifying the agenc~ in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such convic- tion. Employers of convicted employees must provide notice, indudin$ position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, DC 20530. Notice shall include the identi~- cation number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparasraph (iv)O)), with respect to any employee who is so convicted -- (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amend- ed; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state or local health, law enforce- ment or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i), OiL (iii), (iv), (v) and (vi). II I I MAY 2 5 1999 B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:. Place of performance (street addrein, city, county, state, zip code) Check rl if there are workplaces on rde that aeenotidentlfed here. Section 67.630 of the tegula6on~ provides that a grantee that is a state may elect to make one certification in each Fedend fm:al yea~ a copy of which ~uld be included with each application for DeparUnent of Justice funding. States and state agencies may elect to me OJP Form 4061/7. Check 0 if the sta~e has elected to complete OJP Form 4061/7. The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordi- nation with all agencies that may be affected by the applicant's I~ant proporal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certilies that there has been . appropriate coordination with alJ affected agencies. S. Non-Supplantin~ The applicant hereby certifies that Federal funds will not be used to replace or supplant state or local funds, or funds suppUed by the Bureau of IDdi~rl Affair, that would, in the absence of Federal aid, be made available to or for law enrollment pro'poses. 6. Retention The applicant hereby certifies that it understands that it must abide by its submitted plan to mtaLn the additional olficer positions at the conclusion of the grant period. Grantee Nameand Address: Collier County Sheriff's Office, 3301 Tamiami Trail East, Bldq. J. Naples, Florida 34112 Application No. and/or Project Name: COPS In SchoQ~-~ t ~ ~ Grantee IRS/Vendor Number. Signature: Date: 5/7/99_ . .,. ,.:: . As the duly authorized re~esentative of t!~ governing body, I hereby certify that t~ I am binding the ga~ermng~bo~ly to th~ ,~j[Jroved as to form& legal sufticien~/ im on },out [~alf am auth~rtz~ t~ do so and m a~ tm },our behalf with n~aect to an), ~ ~bat may m d~g pmo~m~ o{ 2. You wOl a~mply with th~ p~ nf Federal law w~tch l~dt tarrain palitic;! nct~jti~s of Four ernfdoyees whine pz~dpal era- pm wi~ lix~ [FanL M ~ m set fm-th in 5 U.S.C. ~ l~Ol. m~nq_ 3. You ~Lll romp~ with ~e mtn~mttm wa~ and nmxlmum hoars pmvlsions a[ the Federal Fnk Labor ~mclaMs ACt, if t~ey apply yOU. ~ ~v~ ~ ~ra~e of ~, mo~ai~ by a des~ for pdva~ ~ ~or t~lv~ or other, pad. fly ~ with wh~ they the ~rant. You will comply wire all ~[u~tumems Imposed by t~e Depnrt- merit ot Just~ a~ a ¢ondRion or admtratlve mClU~mem of ~t~t; wtt~ the pmg~'am ~delines; witit the mqui~me~l~ of Cimub~ A~7 (~emlng oxet c~t~om) and A.12B or 7. Yau will, to t~,~t~'~t pracl~cable ~ ~omL~mt ,.~th appli~d~le minority ~p~ups and quaked women t~ ordo~ ~ fu~the~ e~eet~ve law ertfomement by mcre~t~ their ranks wttl~n the ~w~m pns~- fions in your agency 8. You will r~t, im tht ~ o~ race, color, re~ rmtionnl Ad ~ {~ {~ U.SC. ~ ~101, et ~qJ; and ~mt ~6~ ~ 8~ d~ or ~ ~ you ~ a d~ ~ wi~ 1~ d~ o~ ~ ~t ~. $u~ion ~ $h~l ~ ue]~ ~ t~ a~omp!~nl O[ p~ a~ ~r {J$~ On ~e ~nm~l ~n A~ncy's adv~ by ~e ~A ~ ~t a ~]i~ to ~ ~ u~er Ex~e ~der 1~ and has s~ t~e pm~nm ~r ~i~, ~ h~e made t~ appli~Hon availa~e ~r the ~te ~gle Point of ContacL 11. Y~ w~ d~e n plan ~ ~t~ ~ ~ ~ seam a~ ~1 ~nds a~r ~e c~on of your ' I I _ Jl JILl I Ill l_ I II I I I ' Illllll II 'lit ' ~ilier ~unty Board Chai~n Aught 8 / 2000 -~ ........ , ~ _~~' aC~eS~ as ~ ~al~ S Depu~'~ ....... '- COI~IZ~R COtm'l-z ~!Z~.ZFF' 50IrFXCZ The Collier County S~eriff's Of£ice (CC~0) assu~es m progressively larger share of an officer' s salary and f~in~e benefits each year over the ~hree years of the COPS AHEAD, COPS UNI~RSAL, and COPS in Schools grants. lead/n~ to full-time retention of the officer at the con¢l~sion of t/%e grant. CCSO has mssurances from the local Board o£ County Commissioners that officers will be retained. Executive sunamaries are stt~aitted by the CCSO to the Board of County Ccmaissioners r~questing increases in the number of CCSO budgeted positions on COPS A~EAD, COPS UNZVEREu%n Hiring, COPS TO COMBAT DOmeSTIC VIOLENCE PRO~RAM, a~d COPS in Schools grants. The Board has aD~ro=ed ~11 requests for current and subsequen~ year budget increases. New recruits were ~ot ~red under the COPS MOP.~ '95, ~OPS MOR~ '96, and COPS MORE ~98 grants as fundtn~ certified officers was unallowable ~tnder ~hese pro,rams. Aay £u11-time equivalencies (FTEs) as a resul~ of t~e COPS MORE grants are by currently employed Deputies. W~en COPS grant project aud program periods are over, r-he CCSO will continue to fund the costs of maintainin~, up~radin~ and/or replacing 9rant £unded equipment/technology in order to support community ~olicincj as effectively a~ possible. CCSO has a very ag¢.rressive and successful ~rant research pro,ram tha~ has resulte~ in continued funding of many ~ra~t ~rojec~s. It i~ the S~eriff's Office intention to proceed with this method =o fund additional a~ency positions and maintain and procure ~echnolo~y/equipment enhancements and up~rades of currently funded 9rant programs. Federal funding will be ~ursued. Non-federal Zunding sources such as state grants, additional law enfo~cememt funding from private sources, inclu~ing corporate, nonprofit and foundation donations an~ ~rants will b~ sought. S~o~1~ the referenced fun~s not De available, solicitation of f;~-d~ fr~ra the conf~scate~ Crust fuuds will be ~ou~ht. Should ax%¥ off these £un~ not be prowideal, COP8 ~ositions and costs of maintaining COPS pro,rams will be included i~ applicable fiscal year ccso operating budgets. ~mela S. ~aC~Collier County Boa~/Chairwoman May 2~, 1999 Activities will con:inue on current 9rants after ~rant funds end. Wi~h experience. planned training, maintenance and erahanc~ts, activities should even increase after a grant period ands because of fam~liari~y of the project pro,rams and advancements and S~eed associaCed with technology. · O b/ t C4erk' _~ .... llll _£ ..... i_ _ I iI I firq~lgwed. ~ ajB~m~in tony include, italiniinn GranteeNnme. n~dAddre~: C°llieF County ,~d~eriff's office, 3301 T~i Trail ~st, Bi~. J. ~ ~ .,~>.iY ~.',, ' ~ ~ ~ '~ ...,¢, -. , .' ~. "', ~ n$~: tl/ ~ ' ~ ~ ~ ~ . ~. ~'~' . ':~' ~'.- e. . ' ~ ' ......:~~--~"~~~J'-...'--m~s~: "-~J":: :,'" - ,' ': ' ~ I'~ I ~ ' ' ' DWIGHT E, BR CLE~ ,, hy J ~~ ~ ' ,~~':'~: . - August 8, 2000 ",. AM~4mt County Attorney U.S. Department of Justice O. ITtce of Community Oriented Policing Services COPS In School Award Application Organization's Name: Grant #: OR1 g: Vendor #: Law Enforcement Executive Name: .4ddress: City, State, Zip Code: Telephone: Fax: Government Executive Name: /lddress: City, State, Zip Code: Telephone: Fax: Collier County Sheriffs Deparlanent 2000SHWX0839 FL01100 596000561 Sheriff Don Hunter 3301 Tamiami Trail East Building J Naples, FL 34112 (941) 774-4434 (941) 793-9333 Chairman Timothy J. Constantine 3301 Tamiami Trail East, Building F Naples, FL 34112 (941) 774-8393 (941 ) 774-3602 Award Start Dato: Award Amount: September 1, 2000 $1,500,000 Award End Date: August 31, 2003 Number of Officers: Full Time: 12 Part Time: 0 Thomas Frez'~~~~m Director SEP I 3 2000 Date By signing this award, the signatory officials are agreeing to abidc by the Conditions of Gram Award found on the reverse side of this document: $i~.atu~c~uti~ Don Hunter, Sheriff of Collier County 10/10/00 we with the Typed Name and Title of Law Enforcement Florida Date authority to ac~t this-gta~t award, Executive. ;~at u~,~)~ a~i~ent .]~xecutive with Typed Name and Title of Government He .a,~l~%,rity. to acf~n~is grant award Executive. Award ID: 60705 161_-2' CONDITIONS OF GRANT AWARD The funding under this project is for the payment of SALARIES AND APPROVED FRINGE BEN~'I'I~ for three years for sworn entry level career law enforcemeat officere, lateral mmsfe~, or rehired officers. Any portion of salaries above anWj level must be provided for by the grant recipient. Overtime, Wainlug, weapons, communication equipment and vehicles cannot be paid for with COPS funding. Prior to withdrawhg funds under this award, the recipieat must provide the Conlrol Desk, Office of the Comptroller, with the recipient orguniT:*tlon's fizcal year and the name of the recipient organization's cognizant Federal agency. o COPS Universal Hiring grant funds must be nsed to hire one or more new, additional career law enforcement officers, beyond the number of officers tiug would be h'ged or employed by the ~rmltee in the absence of the grant. Unless authorized in writing by the COPS Office, grant funds may not be applied to the salary or benefits of an officer hired by a grantee prior to the Award Start Date listed on the front of this documanL Your agency is expected to retain the positions funded by COPS in School grant funds at the conclusion of the federal grant funding for at lez.~ one local set budget cycle, in accordance with the retention plan contained in your grant application. So For grants of $500,000 or more, the grantee acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit one under 28 CFR 42.302) that is si~proved by the Officer of Justice Programs, Office of Civil Right, is a violation of/ts Assurances an~ may result in the suspension of the drawdown of funds. For grants under $$00,000, the grantee mu~ submit a completed EF. OP Certification form and return- it to the Office of Justice Programs, Office of Civil Rights within 120 days of the grant award. In order to assist the COPS Office in the monitoring of the award, your agency will be responsible for submitting semi-annual progre~ reports and quarterly financial reports. As _those reports become due, yoor Grant Advisor will provide you with the forms and informarian necessary for compliance. 7. Requests for exxensionz, without additional funding, of the grant award period should be submitted in writing no sooner than two years after the official start date of the award to your Grant Advisor. ¸8. Office~ funded under this grant may only be involved in activities or perform services that exclusively benefits your agency and file population that it serves. If your agency provides these officers to another agency through a conUactunl an'angumant, your agency is rezpansible for ensuring that this ~ent is in compliance with the conditious of your grant. - 9. The COPS Office may conduct a national evaluation of the Community Oriented Polic'mg Services (COPS) program. The grantee agrees to cooperate with the evaluntors. 10. The grantee agrees to abide by the terms, conditions and regulations as found in the COPS Universal Hiring Grant Manual. 11. The recipient agrees to complete and keep on file, us appropriate, as Immigration and Naturalization Service Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. May 25, 1999 Item #1613 COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED FUNDING FOR'THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, ANTI-DRUG ACT FORMULA GRANT PROGRAM Page 138 SPY 2000 Drug Control and System Improvement Formula Grant Program Edward Byrne Memorial State and Local Assistance HAY 2 5 199 I.. Signature Page In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its ent/rety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance Type Name and 7;tie: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or~ Designated Representative) Date: FEID Number: 59.6000.558 Implementing Agency Date: Approved as to forms& leg.aJ suffieieney Aaslstant County Attorney 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 25, 1999 State of Florida Department of Community Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Mr. Clayton H. Wilder Re: Byrne Grant Signatory Authority Dear Mr. Wilder: Pursuant to the referenced Grant, Sheriff Don Hunter has my permission to have signatory authority on any applicable grant documents. ~~_] SIGNATURE ~er, Sheriff If you need further information, please feel free to contact me. ~ha i rwoman ' Collier County Commission 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. Ben%t District 5 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3301 East Tamiarni Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Criminal Justice Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that .... Criminal Justice Agency: X Does meet Act criteria. Does not meet Act Criteria. I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand that if the implementing agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the implementing agency .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to'participate in such a program or formulate, implement, and maintain its own Program within 120 days after a subgrant application is approved or face ~lOss: of federal funds. Name and Title:Pamela $. Mac'Kie, Chairwoman Board of County Commissioner~ Collier County, Florida Approved as.to form & legal suffiaionc}, i " '"'""~" "' .""-'.7.':E.~",' '"" ... ,:.., ._ ~ "<"q ,~* · . :,, . ..' : Datei:' ' Ma¥~, 25,~,': 1~,~99~""=~"~ State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANTAWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 00-CJ-D8-09-21-01-003 in the amount of $74,711, for a project entitled: Street Gang Prevention and Apprehension Program III for the period of 10/01/1999 through 09/30/2000, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signa~Of ficial ~~ ~ /~/~ ' ) (Datefof Acceptance) Approved as to form & ]eom/su~£~c':~:-,-.,, Pamela S. Mac'Kie, Chairwoman Collier County Commission (Typed Name and Title of Official) ATT£ST: DWIG, HT E. BROCK, _ Amistant Ommty Attorney Attest is to sigAeture on15. DCA-CJ Form (June, 1985) Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 October 4, 1999 Board of Collier County Commissioners 3301 Tamiami Trail East Building F Naples, Florida 34112 Attn: Board Chairwoman Pamela S. Mac'Kie Re: Sheriffs Office Anti-Drug Act Formula Grant Certification of Acceptance of Subgrant Award Dear Chairwoman Mac'Kie, The Sheriffs Office has been awarded fourth year funding from the 'Florida Department of Community Affairs for the SHOCAP Program. On May 25, 1999 the Board endorsed the Sheriffs Office application documents and agreed to authorize acceptance of the grant upon award of funding. In order to accept this grant award, the attached Certification of Acceptance of Subgrant Award needs your signature. Please call Grants Coordinator Joyce Houran at 793-9346 if you have any questions. Sincerely, Enclosure jh/a:bshca4 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 00-CJ-DS-09-21-01-004 in the amount of $135,600, for a project entitled: Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program IV for the period of 10/01/1999 through 09/30/2000, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Signature o' - f A~thori~ed Official) ~~~,/~Sm (Da'tefof ~cceptance) (Typed Name and Title o~ Official) Approved3~s to form · ~mistaat Comatj~ Attorne~ DCA-CJ Form 1 (June, 1985) May 25, 1999 Item #1614 COLLIER COUNTY SHERIFF'S OFFICE GRANT APPLICATION FOR CONTINUED FUNDING FOR THE STATE OF FLORIDA, DEPARTMENT OF COM/4%rNITY AFFAIR,S ANTI-DRUG ACT FORMULA GRANT PROGRAM Page 139 SFY 2000 Drug Control and System Improvement Formula Grant Program Signature Page Edward Byrne Memorial State and Local Assistance MAY 2 5 1999 In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly author/zed officers on the date, month and year set out below. Corrections on this page, Including strike, overs, whitaout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: Type Name and Title: Date: Subgrant Recipient Authorizing Officisl of Governmental Unit (Commission Chairman, Mayor, or DesiFnated Representative) Type alrwoman, Collier County Commission Date: 5.. ~ ~-- ~ ~ FEID Number: 59-6000-558 Implementing Agency Administrator or Designated Representative Date: .5/5/99 &pprov~d a~ to form leg l ~i~tant Count~ Attorne Section # - P~ 21 of 16 HAY 2 5 {999 John C. Norris District 1 James D. Carter, Ph.D. Disl~ict 2 Timothy J. Constantine D{sbict 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 25, 1999 State of Florida Department of Community Affairs Bureau of Public Safety Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attn: Mr. Clayton H. Wilder Re: Byrne Grant Signatory Authority Dear Mr. Wilder: Pursuant to the referenced Grant, Sheriff Don Hunter has my permission to have signatory authority on any applicable ~rant documents. ~~~ SIGNATURE ~ler, S~eriff If you need further mn ormation, p ease feel free to contact me. Collier County Commission HAY 2 5 1999 John C..Norris Dis~ct 1 James D. Carter, Ph.D. District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Berry Dislrtct 5 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3301 East Tamlami Trail · Naples, Florida 34112-4977 (941) 774-8097. Fax (941) 774-3602 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Criminal Justice Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that .... Criminal Justice Agency: X Does meet Act criteria. Does not meet Act Criteria. I affirm that I have read the Act criteria set forth in Subgrant InstructiQn$. I understand that if the implementing agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the implementing agency .... X Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own'program Within 120 days after a subgrant application is approved!or 'face"loss .of ~federal funds. ' ' '~ " ~-' Name and Title:Pamela S. Mac'Kie, Chairwoman i~ ~:::,'" ':.-~:? ,~ Board of County Commissioners Collier County. Flori~ May 25, 1999 Item #16J1 STIPULATED FINAL JUDGEMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL NO. 45 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA-HICKORY BAY WEST, ET AL., CASE NO. 94-2934CA (BONITA BEACH ROAD FOUR-LANING PROJECT NO. 60021) STAFF TO DEPOSIT $250.00 INTO THE REGISTRY OF THE COURT Page 140 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 May 25, 1999 Item #16J2 - Moved to Item #gA SETTLEMENT PROPOSAL IN THE CASE OF BAMBI HENERSON, ET AL. VS. COLLIER COUNTY, CASE NO. 97-3387-CA-01, PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT IN AND FOR COLLIER COUNTY, FLORIDA IN THE AMOUNT OF $2,500.00 Page 141 May 25, 1999 Item #16K1 CLERK'S FINANCE DEPARTMENT TO PAY FOR EXPENSES ASSOCIATED WITH THE SCHEDULERS AND DISPATCHERS TRADE SHOW OUT OF THE AIRPORT AUTHORITY'S TOURIST DEVELOPMENT TAX GRANT IN THE AMOUNT OF $328.50 Item #16K2 BUDGET AMENDMENT FOR THE MARCO ISLAND EXECUTIVE AIRPORT BUDGET Item #16K3 BUDGET AMENDMENT TO INCREASE THE IMMOKALEE T-HANGER CONSTRUCTION BY $82,000.00 AND AN ADDITIONAL GRANT OF $41,000.00 Item #16K4 BUDGET AMENDMENT TO RECOGNIZE AN ADDITIONAL GRANT OF $110,000.00 AND TO INCREASE THE MARCO ISLAND T-HANGER CONSTRUCTION BUDGET BY $220,000.00 Item #16K5 BUDGET AMENDMENT FOR ADDITIONAL REVENUE IN THE IMMOKALEE REGIONAL AIRPORT BUDGET IN THE AMOUNT OF $23,900.00 Item #17A ORDINANCE 99-37 RE PETITION NO. PUD-84-11(2) GREG STUART & ASSOCIATES., REPRESENTING THE DIOCESE OF VENICE, REQUESTING A REZONE FROM .PUD. TO .PUD" WHICH WILL CONTINUE TO BE KNOWN AS THE VINCENTIAN PUD HAVING THE EFFECT OF ELIMINATING CERTAIN USES; DECREASING THE LAND AREA FOR RESIDENTIAL AND GROUP HOUSING LAND USES; INCREASING THE RESIDENTIAL DENSITY FROM 3 DWELLING UNITS PER ACRE TO DWELLING UNITS PER ACRE AND CONVERTING 8.5 ACRES FOR COMMERCIAL LAND USES AND 11.7 ACRES FOR PRESERVATION PURPOSES FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND TAMIAMI TRAIL EAST (U.S. 41) Item #17B RESOLUTION 99-247 RE PETITION NUA 99-1, MARKLIN AND EVONNE PRESCOTT, REQUESTING APPROVAL OF A NON-CONFORMING USE ALTERATION TO REPLACE A MOBILE HOME DAMAGED BY A FIRE WITH ANOTHER MOBILE HOME IN AN "RMF"-6 RESIDENTIAL MULTI-FAMILY DISTRICT LOCATED AT 3255 LUNAR STREET OFF BAYSHORE DRIVE Page 142 MAY 2 5 1999 RESOLUTION NO. 99- 247 RELATING TO PETITION NUMBER NUA-99-01, FOR A NON-CONFORMING USE ALTERATION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and 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 establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of requests for non-conforming use alterations, and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of the altering of a non-conforming single family mobile home, by replacing the existing mobile home with a new mobile home in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1.8.10.4 of the Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition NUA-99-01 filed by Marklin Glenn and Evonne Prescott, property owners, with respect to the property hereinafter described as: Lot 4, Crews Subdivision, as recorded in Plat Book 9, Page 48 of Official Records of Collier County, Florida. be and the same hereby is approved for the altering of a non-conforming single family mobile home, by replacing the existing structure with a new mobile home, in the RMF-6 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number NUA-99-01 be recorded in the minutes of this Board. -1- 1999 MAY2 5 This Resolution adopted after motion, second and majority vote. Done thi~x,~~ day o~ x/ ,1999. · ATTEST: DWIGHT E. BROCK, Clerk ~ ~tte~rt ~a$ ~o.' Chatl~lan!s .~ppmvea ~ to v~'~d ~egm Sufficiency: M~offe M. Student ' , ' Assist~t Co~W A~omey ~A-9941 ~OL~ION/ BOARD OF ZONING APPEALS COLLIER~anCOUNTY, FLORIDA~~ -2- May 25, 1999 Item #17C - Continued Indefinitely Item #17D RESOLUTION 99-248 RE PETITION VAC-99-010 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY,S AND THE PUBLIC,S INTEREST IN ROAD RIGHT OF WAY LOCATED WITHIN THE CEDAR HAMMOCK PROJECT WHICH WAS CONVEYED TO THE COUNTY BY O.R. BOOK 195, PAGE 465 AND ROAD RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS Page 143 170 '"' RESOLUTION NO. 99. 24_._~B FOR PETITION VAC 99-010 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGIIT OF WAY WITHIN THE CEDAR HAMMOCK PROJECT WHICH WAS :CONVEYED TO THE COUNTY BY OR. BOOK 19.5. PAGE 465 AND ROAD RIGHT OF WAY, UTILITY AND DRAINAGE EASEMENTS CONVEYED TO THE COUNTY BY O.R. BOOK 240, PAGE 896, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND BEING LOCATED IN SECTION 3. TOWNSHIP 50 SOUTH, RANGE 26 EAST. 5 1999 pursuant lo Sections 336.1)9 and 336.10. Florida Statutes. David R. Undcrh{ll. Jr., P.E., from Banks ~CCring. Inc., as ai~cnt for Ihc petitioner, Ch'dc C. 71inl~.', Tmslcc. docs hereby rcqucsI lhc vacation or linc Road Right of Way convcycd lO tile Count) by O.R. Book 195. Pagc 4(,5 ;md Ibc Road Righl Ol' W:ly. tJlilily and Drainage Eascmcnts tony,'cd to thc Count.',' b.~ O.R. Book 2411. Page 896. Public Records of Collier County. Florida. and being located in Scclion 3. Township 50 South. Range 26 East; and WHEREAS. the Board has this da,' held a public hearing to consider xac;uing said Road Right o[' Way, Utilib and Drainagc Easomcnls as morc fully dcscnbed Ix:Iow. and nolicC of said public hearing to vacale was given as rcquircd by law; and WHEREAS. Ihe granting of Ihe vacation ,,','ill not adversely afl.eCl the o,.~.nership or right of corn. chichi access of other property miners. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONEP, SOt" COLLIER COUNTY. FLORIDA. Ihat thc following road right of way is hereby vacated: Sec: Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED. that Iht Clerk to Ihe Board is hereby direelcd to advcrli~ Iht adoption of this Pc.solution once in a paper of general circulalion in Iht Cotlnly within 30 days follov, ing ils adoption BE IT FURTHER RESOLVED, thai Iht Clerk lO tile Board is hereby dircclcd lo <cord a ccrlificd cop)' of this Resolution. the proof of publication of the notice of public hearing and Iht proof of publicat ion of thc not icc of adopllon of this Resolution in thc Official Records of Collier Count.,,'. Florida. This Resolution adopted after motion, second and majorily Vole fnvonng smut. DATED: DWIGHT' E, ~.QCK, Clerk :'litt~st &: to Ch&ir~an's ~.~d~: . / ! Hcidi F. ~hton ~i~ant C~n~' Attom~' BOARD OF COUNTY COMMISSIONERS // COLI.,IEI~OUNTY. FLORIDA . ,'./ BY: : ,' "  ~Mi nvo,?u--------~ OR: 2557 PG: 3266 anka nginrrring, nr. Profasstonal Engineers, Planners & Land Surveyors ~ i~r7 YAC 99-~10 1713 DESCRIPTION OF A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA (EASEMENTS TO BE VACATED) HAY 2 5 999 DESCRIPTIONS OF PARCELS OR TRACTS OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND BEGIN FUROR BOUNDED AND DESCRIBED AS FOLLOWS: EASEMENT "A" THAT PART OF AN EASEMENT LYING SOUTHEAST OF THE SOUTHEAST RIGHT-OF- WAY OF DAVIS BOULEVARD (STATE ROAD 84) OF THAT EASEMENT FOR PUBLIC ROAD R/GHT-OF-%VAY RECORDED IN OFFICIAL RECORDS BOOK 195 AT PAGE 465, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA, BEING DESCRIBED AS THE WEST 30.00 FEET AND THE SOLrl'H 30.00 FEET OF THE WESY HALF (W. ¼) OF THE SO--ST QUARTER (S.W. 1/4) OF THE NORTHWEST QUARTER (N.W. I/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASEMENT "B" BEING PART Of A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: THE EAST 50.00 FEET OF THE WEST HALF 0,V. ½) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUIHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET THEREOF; AND THE WEST 50.00 FEET OF THE EAST HALF rE. ½) OF THE WEST HALF 0A'. ½) OF THE SOUTHWEST QUARTER (S.W. 1/4) LESS THE SOUTH 150.00 FEET THEREOF; ALL IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASEMENT "C" BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: SHEET 1 OF 7 THAT PART OF THE SOUTH 60.00 FEET OF THE NORTH 525.00 FEET OF THE EAST 772.21 FEET OF THE WEST 1032.21 FEET LYING EAST OF THE EAST LINE OF THE WEST HALF CCI. ½) OF TH~ WEST HALF {W. ½) OF TI~ SOUTHWEST QUARTER (S.W. 1/4) OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST. EASEMENT ~D~ BEING PAKT OF A DEDICATION RECORDED IN OFFICL4.L RECORDS BOOK 240 AT PAGES 896 AND 897, PUBLIC RECORDS OF COLLIER COLrNTY, FLOKIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE S. 89° 52' 35" E. FOR 9.52 FEET ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. I/4) OF SAID SECTION 3, TO A POINT ON THE SOUTHEAST RIGHT-OF-WAY LINE OF STATE ROAD S-865; THENCE N. 31' 05' 30" E. FOR 306.08 FEET ALONG SAID SOUTI'IEAST RIGHT-OF-WAY LINE FOR TH~ POINT OF BEGINNING OF THE CENTERL~ OF AN EASEMENT HAVING A WIDTH OF 80.00 FEET AND LYING 40.00 FEET ON EACH SIDE OF SAID CENTERLINE; THENCE ALONG THE FOLLOWING COURSES DESCRIBING SAID CENTERLIN'E; S. 58* 54' 30" E. FOR 25.00 FEET TO A POINT OF CURVATURe; THENCE 66.97 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 65.00 FEET AND SUBTENDED BY A CHORD HAVING A BEARING OF S. 29° 23' 30" E. AND A LENGTH OF 64.05 FEET TO A POINT OF TANGENCY; THENCE S. O0° 07' 30" W. FOR 193.84 FEET TO A POINT OF THE SOUTH LINE OF THE NOR~ST QUARTER (N.W. 1/4) OF SAID SECTION 3, SAID POINT BEING S. 89° 52' 35" E. AND 220.00 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 3, AND SAID POINT BEING THE POINT OF TERMINUS OF SAID CENTERLINE. SIDELINES OF .SAID 80.0 FEET WIDE EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT wrrH THE SOUTH LINE OF THE NORTHWEST QUARTER ('N.W. 1/4) OF SAID SECTION 3. EASEMENT BEING PART OF A DEDICATION RECORDED IN OFFICIAL RECORDS BOOK 240 AT PAGES 896 AND $97, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 3, TOWNSHIP 50 SOLrl'H, RANGE 26 EAST; THENCE S. 89* 52' 35' A.LONG THE SOUTH LINE OF THE NORTHWEST QUARTER (N.W. 1/4) FOR 220.00 FEET; THENCE S. 00° 07' 30" W. FOR 685.00 FEET ALONG A LINE 220.00 FEET EAST OF AND PARALLEL WITH THE ~VEST LINE OF THE SOUTHWEST QUARTER (S.W. 1/4) OF SAID SECTION 3 TO A POINT OF CURVATURE; THENCE 219.91 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 140.00 FEET AND SUBTENDED BY A SHEET 2 OF ? STDELI:N'ES OF SAID 80.00 FEET WIDE EASEMENT TO BE LENGTHENED OR SHORTENED TO INTERSECT WITH THE EAST LINE OF THE WEST HALF (W OF TILE WEST HALF OAt ½) OF THE SOU'I'HWF~T QUARTER (S.W. 1/4) OF SAID SECTION 3, AND TO INTERSECT WITH THE EAST LINE OF THE WEST 1032.21 FEET OF TI-t'E SO--ST QUARTER (S.W. 1/4) OF SAID SECTION 3. BEARINGS ARE ASSUMED AND BASED ON THE SOUTH LINE OF THE NORTHWEST QUARTER ('N.W. I/4) OF SAID SECTION 3 AS BEARING S. 89° 52' 35" E. DESCRIPTION PREPARED ON MARCH 17, 1999. Thomas C. Shaw Professional Land Surveyor Florida Certification No. 4672 SHEET 3 OF 7 ~KETCH OF DESCRIPTIOn, S LYtNG IN S~CTtON 3, TOM~HIP SO SOUTH. CO(,U£R COUNTY, FLORIDA C~LJ~ ~T~' P,~UC: 17D RADIO ROAD Sw t/4 '"THIS IS NOT A SURVEY"* fLORiDA C[RTirEC~TiON NO 46'/2 VAC 9~J~lO t[AY2 5 m9 HAY 2 § 1999 SKETCH TO ACLuMPANY DESCRIPTION LYING IN S[(:11~4 3. TOMqlSHP SO SOJTH, R~NGC (~ ~ K v~) mc C~S? ~.~ ~[r ~ ~ ~S~ H~ Cw 112) ~ mC (S.W. I/4) ~ ~ ~ST ~M~ [~w, 1/4) KSS K~G PMT ~ A ~MCA~ ~O W ~ ~C~S B~ 240 AT 772.21 fEET ~ ~ ~ST 1032.2l ~CT L~G C~St KST H~ (W, ~/2) ~ ~ KSTH~ (w I/2) ~ (Sw 1/4) ~ ~C~ ~. T~ ~ ~. R~ EAST ~/2 E ~/2. NW ~/4 SW ~/4 J SECTION ~- 50- 26 NW 1/4 i 52~' 332.21' ,. SW 1/4 0 Pl. 240 P~S & 897' E ~/2, w SW 1/4 ENT "C" E 1/2 SW t/4 Ibm&a(? VA(:: ~4)10 1711 HAY 2 5 1999 ,! N, &(' ~q4~ll, HAY2 5 1999 May 25, 1999 Item #17E - Continued to June 22, 1999 There being no further business 'for the good of the County, the meeting was adjourned by order of the Chair at 3:55 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIALD.~,~,~~~.~DER ITS CONTROL ATTESTi ', ' '~, '~e,s~/mlnUtes approved by the Board on prese~~~ or as corrected , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 144