BCC Minutes 06/08/1999 R June 8, 1999
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, June 8, 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:
ALSO PRESENT:
VICE CHAIRMAN: Timothy J. Constantine
James D. Carter
John C. Norris
Barbara B. Berry
ABSENT: Pamela S. Mac'Kie
Mike McNees, Assistant County Administrator
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 8, 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.
INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
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June 8, 1999
C. APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
May 11, 1999 - Regular meeting
May 13, 1999 - Workshop
May 18, 1999- Special meeting
May 20, 1999 - Workshop
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation extending congratulations to Jan Bennett on being named
"Leader of the Year" for the State of Florida. To be accepted by Ms. Jan
Bennett, Family and Consumer Sciences Agent, Collier County Department of
University Extension Services.
2) Proclamation proclaiming June 8, 1999 as Naples Girls Basketball Foundation
Team Day. To be accepted by Coach Pierre Eaton
B. SERVICE AWARDS
1) Mary Kilburn, Bldg. Review & Permitting - 20 Years
2) Dale Stogel, Road & Bridge - 15 Years
3) Sharon Newman, PWED - 15 Years
4) Emmanuel Augustin, Road & Bridge - 10 Years
5) Jeff Walker, Risk Management - 10 Years
6) Martin Herrera, Road & Bridge - 5 Years
7) Ramiro Arcia, Pelican Bay - 5 Years
C. PRESENTATIONS
1) Recommendation to recognize William Wilkins III, Library Assistant I/Driver
as Employee of the Month for June 1999.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
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June 8, 1999
11.
1) Discussion of an extension of the additional 1% levy of Tourist Development
Tax due to expire December 31, 1999.
2) THIS ITEM WAS CONTINUED FROM THE MAY 25, 1999 MEETING.
Accept the 1999 Standard Tourism Agreement between Collier County and the
Conservancy of SW Florida, Inc.
3) Accept the 1999 lnterlocal Tourism Agreement between Collier County and the
City of Naples.
4) Request that the Board of County Commissioners amend their response to the
Department of Community Affairs (DCA) regarding the urban area density
reductions.
B. PUBLIC WORKS
C. PUBLIC SERVICES
1) Approval of the conceptual design for a park located at Bluebili Avenue and
Vanderbilt Drive.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR.
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
COUNTY ATTORNEY'S REPORT
BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway & Drainage Advisory
Committee.
B. Appointment of member to the Golden Gate Community Center Advisory Committee.
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
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June 8, 1999
13.
14.
15.
16.
C. OTHER
1)
Public Hearing to consider Adoption of an Ordinance Amending County
Ordinance No. 97-48, specifying rates charged to customers of the Marco Water
and Sewer District; to Increase those rates to "pass-through" rates increased by
Florida Water Services Corporation and which increased rates must be paid by
the District; also approve amendments to the District's budget which are
projected to result from these pass-through rate increases.
2)
Amendment to Ordinance 90-105, the Collier County Contractors' Licensing
Board Ordinance by adding statutorily mandated changes and discretionary
changes recommended by staff.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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.
Ao
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve for recording the final plat of "Chesser Subdivision"
2)
3)
4)
5)
6)
7)
S)
Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Isle of Verde at Pelican Bay"
Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of"Pointe Verde at Pelican Bay"
Accept an ingress, egress and utility easement from Bonness, Inc.
Resolution authorizing the County Administrator, or the Division
Administrator of Community Development and Environmental Services as the
County's designees to sign all documentation necessary for the administration
of all current CDBG grant applications and awards.
Approve an agreement for sale and purchase to provide for future expansion of
the Community Development Services Building.
Approve a Budget Amendment for the implementation of the Development
Review and Growth Management Modules of the CD-Plus Application and
purchase of four upgraded computer towers.
Recommendation to approve Commercial Excavation Permit No. 59.690,
"Hendershot Pit Commercial Excavation and Homesite' located in Section 18,
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June 8, 1999
9)
Township 48 South, Range 28 East; Bounded on the north, east, south, and west
by vacant land zoned Estates and also on the east by Everglades Boulevard.
Authorization to draft amendments to add a new body of water known as Heil's
Gate as an idle speed zone to the Water Safety and Vessel Control Ordinance
and to advertise the amending Ordinance.
10)
Recommendation to approve Commercial Excavation Permit No. 59.691,
"Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range
26 East: bounded on the north by the Golden Gate Canal (Golden Gate City),
on the south by 1-75, on the east by land zoned agriculture and on the west by
Golden Gate Community Park and Berkshire Lakes PUD.
11)
Resolution to update the non-adopted portion and support document of the
Transportation Element of the Growth Management Plan.
i2)
Recommendation to approve Excavation Permit No. 59.696 J & D Grading and
Hauling Excavation located in Section 30, Township 48 South, Range 28 East;
Bounded on the north by vacant lot, on the east by vacant lot, on the south by
64th Avenue NE R/W and on the west by canal R/W.
~3)
Recommendation to approve commercial Excavation Permit No. 59.687,
"Whippoorwill Woods Land Trust Commercial Excavation and Homesite"
located in Section 22, Township 48 South, Range 28 East; Bounded on the
north, east, south and west by vacant land zoned Estates and also on the east by
DeSoto Boulevard and on the north by CR 858 and the Winchester Lake Fill
Pit.
14)
Authorization of a 100% waiver of impact fees for one house to be built by
Michael R. McCarty at 4545 16'h Street, NE in Collier County
15)
Request to approve for recording the final plat of "Eden on the Bay" and
approval of the Standard Form Construction and Maintenance Agreement and
approval of the amount of the performance security.
PUBLIC WORKS
1)
Approve and execute Work Order No. TE-98-TO-02 with Tindale-Oliver and
Associates to perform Corridor Traffic Studies and provide Signal Plans for
Golden Gate Boulevard Four Lane Improvement from C.R. 951 to Wilson
Boulevard, Collier County Project No. 63041, CIE No. 62.
2)
Approval of Purchase Order to the City of Port St. Lucie in the amount of
$28,000 for the purchase of a Wallace and Tiernan Lime Slaker.
3)
Recommendation to award RFP #99-2909 for Annual Contract for Telemetry
Services.
4)
Approve Work Order #TS-BL-9908 for Botner Land Design, Inc. for Bayshore
Beautification MSTU Landscaping.
5)
Approve final ranking of Consultants for Engineering Services related to
Aquifer Storage and Recovery of Reclaimed Water, Contract 99-2926, Project
74030.
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June 8,1999
6)
Approve the Professional Services Agreement with Agnoli, Barber and
Brundage, Inc. for the design of Livingston Road from Golden Gate Parkway to
Pine Ridge Road (Project No. 60071, CIE No. 52) and Livingston Road from
Pine Ridge Road to Vanderbilt Beach Road (Project No. 62071, CIE No. 58).
7)
Approve Amendment to Professional Services Agreement related to the North
County Water Reclamation Facility Expansion, Contract 96-2474, Project
73031.
8)
Report to the Board on the results of the Annual County-Wide Traffic Signal
Warrant Study and Intersection Improvement Program.
9)
Execute a Real Estate Sales Agreement for Lot 8 & ~ of 9, located within Blue
Heron Lake Park, an unrecorded plat.
lo)
Request Board approval to waive landfill tipping fees for illegal dumping
cleanup on Miller Boulevard Extension.
11)
Approve purchase agreement on a parcel of land located in Section 3,
Township 50 South, Range 26 East, to be utilized for road right-of-way in the
construction of the four-laning of Radio Road from Santa Barbara Boulevard
to Davis Boulevard.
PUBLIC SERVICES
1)
Approval of amendment to Resolution No. 99-230 creating a Collier County
Community Health Care Committee.
2) Authorize an additional $225 in funding for County employee picnic.
3) Award the fireworks display for 4t~ of July, 1999.
4)
Authorization for the Chairwoman to execute the resolution, first loan
agreement and first promissory note associated with the Nations Bank line of
credit for the financing of the North Naples Regional Park property.
5)
Authorize staff to negotiate an agreement between Collier County, Naples
Community Hospital and the Cleveland Clinic to fund prenatal, OB/GYN clinic
services from July 1 through December 31, 1999.
SUPPORT SERVICES
l)
Approval of the Collier County Group Benefit Plan Health Insurance Plan
Document
2)
Approval of a Budget Amendment to Fund 517, Group Health and Life
Insurance
3)
Approval of Amendment No. I for Architectural Services for the Design of the
Sheriff's Administration Facility, RFP 098-2867
4) Approve Lease for Cable TV Dark-Fiber Optic Cable from MediaOne
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June 8, 1999
Eo
Go
Ho
5)
Authorization to Terminate a Contract Between the Collier County Board of
County Commissioners and Sky Asset Management (RFP #96-2493 - Collection
Agency Services)
COUNTY ADMINISTRATOR
1) Budget Amendment Report - Budget Amendment #99-285 and ~)9-242
BOARD OF COUNTY COMMISSIONERS
1)
Proclamation extending congratulations to Commander Eugene L. Moore,
Commander of the Department of Florida Jewish War Veterans and Auxiliary
President Sylvia Meyers, Department of Florida Jewish War Veterans
EMERGENCY SERVICES
1) This item has been deleted.
2)
Approve the Interlocal Agreement between Collier County and the Independent
Fire Districts for Basic Medical Training for Firefighters.
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 9708912MMA, 9804324MMA,
9805318MMA, 9806087MMA, 9811016MMA, 9804703MMA 9900135MMA,
9708492MMA, 9811400MMA, 9805996MMA, 9805349MMA
9805432MMA, 9900648MMA, 9802433MMA, 9805009MMA
9802664MMA, 9807825MMA, 9703177MMA, 9707284MMA
9806236MMA, 9708257MMA, 9705153MMA, 9801887MMA
9807564MMA, 9801058MMA, 9704264MMA, 9802344MMA
9708801MMA, 9708266MMA, 9301280M1, 9705181MMA
9307233MMA,
.9709163MMA,
9709882MMA,
9807555MMA,
9707707MMA,
2) Miscellaneous items to file for record with action as directed
OTHER CONSTITUTIONAL OFFICERS
1)
Recommendation that the Board amend Resolution 95-552, the Investment
Policy to recognize changes in the market since the adoption of said Resolution
and to recognize the dynamic nature of the portfolio.
2)
To present to the Board of County Commissioners the State Revenue Sharing
Application for Fiscal Year 1999-2000 and to obtain approval for the Chairman
to sign the application.
COUNTY ATTORNEY
1)
Request by the Housing Finance Authority of Collier County for approval of a
resolution authorizing the Authority to issue multi-family housing revenue
refunding bonds to be used to refinance a qualifying apartment project.
2)
Recommendation that the Board of County Commissioners approve a budget
amendment to pay for minor reconfiguration of the office space allocated to the
Office of the County Attorney.
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June 8, 1999
K. AIRPORT AUTHORITY
1)
To recognize an additional grant of $40,000 and increase the lmmokalee
Regional Airport obstruction removal project budget by $50,000
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND
MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL
FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER
COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE
ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER
AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE
BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A)
Petition V-99-03, Leslie Howard of South Florida Water Management District
requesting a 22 foot variance to reduce the required 25 foot front yard setback to 3 feet
and a 7 foot variance to reduce the required 10 foot side yard setback to 3 feet for the
Big Cypress Basin Administration Building located at 6089 Janes Lane, in Section 11,
Township 49 South, Range 25 East, Collier County, Florida.
PUD-99-03, Robert L. Duane, AICP, of Hole Montes & Associates, Inc., representing
Naples Reserve Golf Club, Inc., requesting a rezone from "A' Rural Agriculture to
"PUD" Planned Unit Development to be known as Naples Reserve Golf Club for a
maximum of 552 residential dwelling units and two 18 hole golf courses for property
located one mile north ofU. S. 41 and two miles east DfC. R. 951, in Section 1, Township
51 South, Range 26 East, Collier County, Florida, consisting of 688+ acres.
c)
PUD-99-05, Alan D. Reynolds, AICP, of Wilson, Miller, Barton & Peek, Inc.,
representing Long Bay Partners, LLC, requesting a rezone from "A' Rural Agricultural
with "ST" overlays and "PUD" Planned Unit Development (Dynabel PUD and
Livingston Road Country Club PUD) to "PUD" to be known as Mediterra PUD for a
maximum of 750 single and multi-family dwelling units, golf course and a village center
of 60,000 square feet containing golf course related land uses, public administration
facilities and a general store for property located west of 1-75 along Livingston Road
east/west corridor in Sections 11 and 12, Township 48 South, Range 25 East, consisting
of 943 + acres.
D)
Petition PUD-98-11(1), Mr. Robert Duane, AICP, of Hole, Montes and Associates, Inc.,
representing Steve Houston, requesting a rezone from a previously approved "PUD"
namely the Tamiami Professional Center PUD to a new PUD having the effect of
increasing the building height within Tract II from thirty-five (35) feet to forth (40) feet
for property located on the east side of Tamiami Trail North (US-41) and the south 200
feet of Section 15, Township 48 South, Range 25 East, Collier County, Florida.
E)
Adopt the amendment to the Collier County Community Automated External
Defibrillator Ordinance 98-36.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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June 8,1999
WORKSHOP
TO BE HELD IMMEDIATELY FOLLOWING THE REGULARLY SCHEDULED BOARD MEETING
REVIEW THE MASTER SPACE PLAN FOR THE MAIN GOVERNMENT COMPLEX
9
June 8, 1999
June 8, 1999
Item # 3A, B & C
REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR
ADOPTED WITH CHANGES
ACTING CHAIRPERSON CONSTANTINE: We're going to go ahead and call
the meeting of the June 8th, 1999 meeting of the Collier County Board
of Commissioners to order. If you'd stand with me and recite the
pledge to the flag.
(Pledge of allegiance was recited in unison.)
ACTING CHAIRPERSON CONSTANTINE: Now, if you'd remain standing,
we have Father Tim Navin of St. Peter Catholic Church.
FATHER NAVIN: Yes, ladies and gentlemen. Let us pray.
Lord God, we pray for all judges, elected civil officials, and
all who are entrusted to guard our political welfare. May they be
enabled by your powerful protection to discharge their duties with
honesty and ability.
We likewise commend to your unbounded mercy all the citizens of
the United States, that we may be blessed in the knowledge and
sanctified in the observance of your holy law. May we be preserved in
union and in that peace which the world cannot give. And after
enjoying the blessings of this life, be admitted to those which are
eternal.
We pray to you who are Lord and God forever and ever, Amen.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
FATHER NAVIN: Thank you, sir.
ACTING CHAIRPERSON CONSTANTINE: Mr. McNees, welcome to the "A"
chair today. I understand we've got some changes to the agenda.
MR. McNEES: Yes, sir, we have actually quite a few this morning.
We have a proclamation to add, which will become Item 5(A) (3),
proclamation regarding National Home Ownership Week.
We have another item to add under public petitions, which is Item
7(A), an item regarding your burning and fireworks ban.
We have a third item that -- to be added under the County
Commissioners agenda as Item 10(C), which is regarding a purchase
agreement related to the Golden Gate Community Center expansion.
We have three items that we're moving -- have been asked by
Commissioner Berry to move from the consent agenda. Those would be
16(A) (8), 16(A) (12) and 16(A) (13), which are all excavation permits.
They will be moving to 8(A) (5), 8(A) (6) and 8(A) (7).
We have one item that staff is requesting be moved from your
summary agenda. That would be Item 17(B), be heard under public
hearings. 17(B) becomes Item 12(B) (1).
We have one continuance of staff request, which is Item 16(A) (10)
on the consent agenda to be continued for two weeks.
And the last note would be Item 8(A) (4), as related to the
business that your delegation is doing in Tallahassee today with the
Department of Community Affairs.
When we get to that item, if we have not yet heard from them --
we expect to hear from them by 10:00 or 10:30. If we get to that item
and have not heard from them, we will probably recommend that you
delay that in the meeting until we can actually get some word from
Tallahassee, which will be relevant to that discussion. So we may put
that one off when we get there, or we may already have the
information.
Those would be the only changes we have.
Page 2
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Chairperson Mac'Kie is in
Tallahassee this morning and she had asked that we continue Item
8(A) (1), the tourist development item -- tourist development tax item
for two weeks. And unless there's any objection from the board, we'll
go ahead and do that.
Commissioner Berry, any other changes?
COMMISSIONER BERRY: No, sir, I made those changes.
ACTING CHAIRPERSON CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Yes, I do have one. I need 16(A) (14).
ACTING CHAIRPERSON CONSTANTINE: Will become 8(A)(8).
MR. McNEES: 8 (A) (8) .
ACTING CHAIRPERSON CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: Yes, 16(D) (1) .
ACTING CHAIRPERSON CONSTANTINE: Will become 8(D)(1) o
COMMISSIONER CARTER: And 17 (D).
ACTING CHAIRPERSON CONSTANTINE: Will become, I assume, 12(B) (2).
MR. McNEES: 12(B) (2), yes, I believe.
ACTING CHAIRPERSON CONSTANTINE: And I have one which is
16(A) (10), will become 8(A) (9).
Those of you keeping score cards at home, I hope you're following
this closely.
If there are no other changes, we'll look for a motion.
COMMISSIONER CARTER: So move we approve the agenda.
MR. WEIGEL: Mr. Vice-chairman?
ACTING CHAIRPERSON CONSTANTINE: Mr. Weigel.
MR. WEIGEL: Thank you. I have two recommended changes for the
agenda.
ACTING CHAIRPERSON CONSTANTINE: Terribly sorry.
MR. WEIGEL: No, that's fine.
On Item 17(C), on summary agenda, I have some deletions that have
-- a few deletions from it that are not of record and would need to
make it of record. So that would need to be moved to the regular
agenda, the regular public hearing agenda.
COMMISSIONER NORRIS: 16, which --
MR. WEIGEL: 17(C) .
COMMISSIONER NORRIS: We've already pulled that one.
MR. WEIGEL: I thought it was (B).
ACTING CHAIRPERSON CONSTANTINE: 17 (C), no, we had done (B) and
(D), and we'll now pull (C) and make that 12 (B) (3). One item, though.
I understand that's simply wordsmithing. There's no actual meat to
those changes?
MR. WEIGEL: Well, there's some meat, but it's mere deletion. It
I think at this point is a question of whether it should be handled
either very early on, like such as right now, that those deletions be
recognized. It does appear in the agenda, however, so there's no
problem with what's in the agenda package, I think.
Ron; is that correct --
COMMISSIONER CARTER: Maybe we could do that right away.
MR. WEIGEL: -- it's in the agenda?
ACTING CHAIRPERSON CONSTANTINE: After we've approved the agenda,
why don't we go ahead and do that one item, just because I understand
it's fairly quick.
MR. WEIGEL: Okay, that will be fine.
ACTING CHAIRPERSON CONSTANTINE: And also I understand those
people are going to try to get in on that phone call to Tallahassee.
MR. WEIGEL: Thank you.
Page 3
June 8, 1999
And 17(E) is an amendment to an ordinance. The ordinance does
not appear in the agenda package and should be part of the agenda
package, both for you and the public. That would either need to be
moved to the regular agenda or the -- minimally the amendment be
placed of record and acknowledged that it's being placed of record at
the present time.
ACTING CHAIRPERSON CONSTANTINE: Do we cover our bases if we make
that of record and leave it on the summary agenda? If not, it --
MR. WEIGEL: I don't think --
ACTING CHAIRPERSON CONSTANTINE: -- doesn't make any difference.
It will take us 30 seconds later.
MR. WEIGEL: I don't think there'll be a problem. But it needs
to be added to the record so that you approve it on the record. And I
don't know that it's here.
ACTING CHAIRPERSON CONSTANTINE: Consider it -- oh, okay. If
it's not here, we'll just move that and we'll do it later in the day.
12(B) (4) is now at -- we're at 17(E) .
MR. WEIGEL: Thank you.
MR. McNEES: Commissioner, I'll call your attention that Item
16(A) (10) that was requested to be moved to the regular agenda was
actually the one that we continued for two weeks --
ACTING CHAIRPERSON CONSTANTINE: Right. Thank you very much.
MR. McNEES: -- so that will not show up on your --
ACTING CHAIRPERSON CONSTANTINE: Any other changes?
Seeing none -- Commissioner Carter?
COMMISSIONER CARTER: I move we approve the agenda.
ACTING CHAIRPERSON CONSTANTINE: I assume that means all three,
consent, summary and regular agenda as amended?
COMMISSIONER CARTER: Yes.
ACTING CHAIRPERSON CONSTANTINE:
COMMISSIONER BERRY: Second.
ACTING CHAIRPERSON CONSTANTINE:
Any objection?
(No response.)
ACTING CHAIRPERSON CONSTANTINE:
unanimously, 4-0.
Is there a second for --
-- the motion?
Seeing none, motion carries
Page 4
AG£NDA CtlANGF.~
z_o,~p.o OF ¢OONFr CO~IM~SSZO~,s' M£~r~
ADD: ITEM SfA~(3) - PROCLAMATION PROCLAIMING THE WEEK OF /UNE 6-13 AS
NATIONAL HOMEOWNERSHIP WEEK. TO BE ACCEPTED BY MS. JOHN GUST, CHAIRMAN,
AND MR. SAM GOODMAN, VICE CHAIRMAN, COLLIER COUNTY AFFORDABLE HOUSING
COMMISSION. (BOARD OFFICE).
ITEM 7(Al - MR. KEVIN RO~S REQUEST TO RESCIND FIREWORKS BAN.
(COMMISSIONER CONSTANTINE).
ADD: ITEM 10(C) - AGREEMENT FOR SALE AND PURCHASE - PROPOSED GOLDEN GATE
COMMUNITY CENTER EXPANSION. (COMMISSIONER CONSTANTINE).
M__OVE: ITEM 16~AXS) TO $(A)fS] -APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690-
HENDERSHOT PIT COMbiF~C~L EXCAVATION AND HOMESITE. (COMMISSIONER BERRY).
MOVE: ITI~M I6fA)f{2~ TO_BfA~f6) ~ EXCAVATION PERMIT NO. 59.696 $ & D GRADING AND
HAULING EXCAVATION. (COMMISSIONER BERRY).
MOVE: ITEM 16(A)(.15) TO 8(A~(7) - EXCAVATION PERMIT NO. 59.697, WHIPPOORWILL LAND
TRUST COMMERCIAL EXCAVATION AND HOMESITE. (COMMISSIONER BERRY3.
MOVE: ITEM ITfB) TO 12(BXI~ - PUD-99-03 - NAPLES RESERVE GOLF CLUB REQUESTING A
REZONE FROM "A" RURAL AGRICULTURAL TO PUD. (STAFF'S REQUEST).
COHTINUE; [TI~M I6(A) 10 TO,R~E 22,_ ~99p - EXCAVATION PERMIT NUMBER 59.691 -
FOREST PARK (HERON LAKES). (STAFF'S REQUEST)
June 8, 1999
Item #4A, B, C & D
MINUTES OF MAY 11, 1999 REGULAR MEETING; MAY 13, 1999 WORKSHOP
MEETING; MAY 18, 1999 SPECIAL MEETING; AND MAY 20, 1999 WORKSHOP
MEETING - APPROVED AS PRESENTED
COMMISSIONER BERRY:
May 13th, May 18th and May 20th. COMMISSIONER NORRIS: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second.
discussion?
Seeing none, all those in favor, please say aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
Move approval of the minutes of May llth,
Any
Item #5A1
PROCLAMATION EXTENDING CONGRATULATIONS TO JAN BENNETT ON BEING NAMED
.LEADER OF THE YEAR" FOR THE STATE OF FLORIDA - ADOPTED
We're on to proclamations. Proclamation extending
congratulations to Jan Bennett on being named leader of the year for
the State of Florida.
Hi. How are you?
MS. BENNETT: Good, thanks.
ACTING CHAIRPERSON CONSTANTINE: Turn around, we have cameras
everywhere. I'm sure one of them will pick you up, maybe more than
one.
Our proclamation reads as follows:
WHEREAS, the Board of Collier County Commissioners has been
notified by the Florida Association of Family and Consumer Sciences
that Jan Bennett, home economist with the Collier County Department of
University Extension Services, has been named leader of the year for
the State of Florida. Not too bad.
WHEREAS, Jan Bennett was nominated by her district members and
chosen as a winner by her peers statewide; and
WHEREAS, this award is based on innovative programming and
contributions to the profession of family and consumer sciences; and
WHEREAS, educational efforts included work in family and
financial management and food safety; and
WHEREAS, positive program results included 1,000 individuals and
families benefitting from a volunteer financial counseling service, a
learn by mail series, a computerized budget analysis and a weekly
newspaper column and 247 food handlers trained in safe food practices.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that it wishes to extend
congratulations to Jan Bennett on being named leader of the year for
the State of Florida, and appreciates her efforts on behalf of the
residents of Collier County.
DONE AND ORDERED THIS 8th day of June, 1999, Board of County
Commissioners. Pamela S. Mac'Kie, Chairwoman.
I'd like to move approval of this proclamation.
COMMISSIONER CARTER: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and second. Ail those in
favor, please state aye.
Page 5
(Unanimous vote of ayes.)
ACTING CHAIRPERSON CONSTANTINE:
(Applause.)
ACTING CHAIRPERSON CONSTANTINE:
missed this. Thank you very much.
June 8, 1999
Motion carries unanimously.
She gets a plaque. I almost
Page 6
PROCLAA~A T_rON JUN 0 8 Y:J99
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS
the Board of Collier County Commissioners has been notified by
the F/or/da Association of Family and Consumer 6c/races that lan
Bennett, Home Economist with the Coil/er County Department of
University Extension Services, has been named "Leader of the
}/ear" for the State of Florida; and,
~Tan Bennett was nominated by her District members and chosen
as the winner by her peers statewide; and,
this award is based on innovative programmin9 and contributions
to the profession of Family and Consumer Sciences; and,
educational efforts included work in family financial mnnagement
and food safety; and,
WHEREAS,
NOW
DONE AND
positive
and
of
individuals and families
SerViCe, a learn-
and a weekly
in safe food
of for the
of the
of
FLOI~DA
BROCK, CLERK --
PAMELA 5. MACK'rE.
N
June 8, 1999
Item #5A2
PROCLAMATION PROCLAIMING JUNE 8, 1999, AS NAPLES GIRLS BASKETBALL
FOUNDATION TEAM DAY - ADOPTED
ACTING CHAIRPERSON CONSTANTINE: Next item on the agenda.
Commissioner Berry, you have a proclamation for the Naples Girls'
Basketball Foundation Team Day.
COMMISSIONER BERRY: Yes, I do. If we could have all the girls'
basketball team and their coaches come up here and line up here in
front and turn around and face the audience, and the cameras will also
see you.
The proclamation reads as follows:
WHEREAS, the Naples Girls' Basketball Foundation has been in
existence for six years; and
WHEREAS, serves the entire county from middle school through high
school; and
WHEREAS, the il-year-old and under team consists of 14 players,
Amanda Allan, if you'd just step forward so everybody knows who you
are. Nicole Blake. Audra Bryan. Renee David. Kayla Duntee.
Courtney Jacob. Kristin Lange. Alex -- Alison Meschko. Elizabeth
Navarro. Jamie Navarro. Jenny Payne. Julie Sell. Renee Stick. And
Jaclyn Taricska. I think I murdered that name. I'm sorry.
And WHEREAS, by defeating three other teams at the state
tournament in Orlando, Florida; and
WHEREAS, showed tremendous courage and team belief in defeating
Clearwater by a score of 43-41 to win the championship game after
being down by 13 points with four minutes remaining in the game; and
WHEREAS, became the first girls' basketball team in Collier
County history to win the State AAU championship; and
WHEREAS, the team qualifies to compete in the National AAU
tournament in Kenner, Louisiana, July 2nd through the 10th; and
WHEREAS, Nicole Blake was named MVP of the tournament; and
WHEREAS, Courtney Jacob and Jaclyn -- very good -- were named to
the all-tournament team.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that June 8th, 1999 be
designated as Naples Girls' Basketball Foundation Team Day.
DONE AND ORDERED THIS 8th day of June, 1999, Board of County
Commissioners, Collier County, Florida. Pamela S. Mac'Kie,
Chairwoman.
Commissioners, I'd like to move this proclamation.
COMMISSIONER NORRIS: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
objections?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Seeing none, motion carries
unanimously.
COMMISSIONER BERRY: And I have a proclamation for each of the
young ladies, and I think there's probably one for the coach. And if
you'd like to say something, you're more than welcome to step to the
podium.
(Applause.)
COMMISSIONER BERRY: Parents or chaperones that are here with
them, would you stand too and be recognized. I know some of you are
here. We'd like to say thank you.
Page 7
June 8, 1999
(Applause.)
ACTING CHAIRPERSON CONSTANTINE: You know, I can almost hear the
pregame announcer saying, starting at point guard at four-foot-eight.
COMMISSIONER BERRY: So girls, I'd like to present each of you
with this.
(Applause.)
Page 8
PRO~LAA~A
TION
WHEREAS,
r H/HEREA $,
WHEREAS,
the A/ap/es ~/r/s Basketball Foundation has been/n existence for
years; and,
serves the entire County from A~idd/e School through High School;
and,
the II-Year-oM and under, team consists of 14 players (Amanda Allen,
Al/cole Blake, Audro Bryan, Renee David, Kay/a Duntee, Courtney
UTacob, Kr/st/n Lange, Al/son/~eschko, Elizabeth Alavarro, ~Tamie
Navarro, ~Tenny PaYne, uTu//e Sell, Renee Stick and uTac/yn Tar/cskag;
and, "
by defeating three other teams at the state tournament/n Orlando,
F/or/da; and,
showed tremendous courage and team belief/n defeatin9 Clearwater
by a score of 43 to 41 champ/unship 9ame after be/n9
down by in the 9ame; and,
County h/story to
Tournament in
were Ali-
NOW
that uTune
of
DAY
DOIV~= AND ORD~=R~=D
BOARD OF COUA! TY COA4~£5$IONER$
PA/MELA .$. MACKIE, CHAIRWOMAN
/
TE BROCK, CLERK
June 8, 1999
Item #5A3
PROCLAMATION PROCLAIMING THE WEEK OF JUNE 6-13, 1999, AS NATIONAL
HOMEOWNERSHIP WEEK - ADOPTED
ACTING CHAIRPERSON CONSTANTINE: Commissioner Carter, I believe
you have a proclamation for National Home Ownership Week.
COMMISSIONER CARTER: Yes. And if Ms. John Gust, chairperson,
and Mr. Sam Goodman, vice-chair are in the room this morning, if they
would step forward, please, as we read this proclamation. MS. GUST: It's Joan.
COMMISSIONER CARTER: Excuse me, Joan.
ACTING CHAIRPERSON CONSTANTINE: You look more like a Joan than a
John.
COMMISSIONER CARTER: Face the cameras, we're in TV land.
WHEREAS, the Board of County Commissioners of Collier County
supports home ownership opportunities for all citizens of Collier
County; and
WHEREAS, the Board of County Commissioners of Collier County
works cooperatively with other public and private sector organizations
to create an adequate supply of decent, safe, sanitary and affordable
housing for all citizens of Collier County; and
WHEREAS, the Board of County Commissioners of Collier County
recognize that the United States is one of the first countries in the
world to make home ownership a reality for a majority of its people.
Thanks to the effective cooperation between industry and government,
the doors of home ownership have been opened to millions of families
over the last six decades.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that the week of June 6th to
13 be designated as National Homeowners Week, and urge all citizens to
take an active role in making Collier County an even more attractive
and special place to live.
DONE AND ORDERED THIS 8th day of June, 1999, Board of County
Commissioners, Collier County, Florida. Pamela S. Mac'kie,
Chairwoman.
I move that we accept this proclamation.
COMMISSIONER NORRIS: Second.
ACTING CHAIRPERSON CONSTANTINE:
in favor, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE:
(Applause.)
Motion and a second.
Motion carries 4-0.
All those
Page 9
.~U N 0 8 199~
PROC. LAA~A T_rON
I~IHE~EA$, the Board of County Commissioners of Collier County supports
homeownership opportunities for afl citizens of Coil/er County; and,
14~HEREA$,
the Board of County Commissioners of Collier County works
cooperatively with other public ond privote sector organizations to
create on adequate supply of decent, so£e, sanitary and affordable
housin9 for all citizens o£ Collier County; and,
~VH~REA$,
the Board of County Commissioners of Collier County recognizes.that
the United 5totes is one of the first countries in the world to make
homeownership a reality for a majorie/ of its people. Thanks to
effective cooperation between industry and government, the doors
of homeownership have been opened to mi/h'ons of families over the
last si~
NOW THEREFOR£
DONE AND
of
13 be designated
A TTE5 E'
PAMELA 5. N~AC,'KT.E, CHAT. P, WO~AN
Item #5B
EMPLOYEE SERVICE AWARDS - PRESENTED
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: And Commissioner Norris, I
believe we have some people who have been working with Collier County
for awhile.
COMMISSIONER NORRIS: We certainly do. We have our first
recipient today is Ramiro Arcia from the Pelican Bay services for five
years.
(Applause.)
COMMISSIONER NORRIS: Next, we have Jeff Walker from our risk
management office. He's been with us for 10 years now.
(Applause.)
COMMISSIONER NORRIS: Emmanuel Augustin from road and bridge also
has 10 years today.
(Applause.)
COMMISSIONER NORRIS: Sharon Newman from PWED section is here
today, 15 years.
(Applause.)
COMMISSIONER NORRIS: Dave Stogel from road and bridge has got 15
years.
(Applause.)
COMMISSIONER NORRIS: And our grand prize winner today with 20
years is Mary Kilburn from building review.
(Applause.)
ACTING CHAIRPERSON CONSTANTINE: Thank you, Commissioner Norris.
COMMISSIONER NORRIS: You're quite welcome.
Item #5Cl
WILLIAM WILKINS III, LIBRARY ASSISTANT I/DRIVER, RECOGNIZED AS
EMPLOYEE OF THE MONTH FOR JUNE 1999
ACTING CHAIRPERSON CONSTANTINE: It is my distinct pleasure
today, playing the role of acting chair, to present our employee of
the month award for June of 1999.
William Wilkins, III. Come on up here and we'll tell everybody
all the good things about you.
Mr. Wilkins worked with us since November of '97; is that right?
And the description here tells us he is an achiever. Not only doing
his daily operation of sorting, loading, making deliveries, but he's
taken on responsibility for training and supervising a lot of our day
labor folks on special projects. He makes excellent use of our
materials, manpower, and constantly accepts additional
responsibilities, over and above what his normal scope requires.
And with that in mind, it's without hesitation that he was
selected as June's employee of the month. So we have several things
for you here. We have a letter from our commission chairman
commending you on that. We also have a plaque that reads official
recognition and appreciation is tendered to William Wilkins, III,
Employee of the Month, June, 1999. And perhaps most pleasing to you,
we have a check for you, a little bonus. So we congratulate you, and
thank you very much for the good work.
(Applause.)
Page 10
June 8, 1999
Item #12B3
ORDINANCE 99-41 RE PUD-99-05, ALAN D. REYNOLDS, AICP, OF WILSON,
MILLER, BARTON & PEEK, INC., REPRESENTING LONE BAY PARTNERS, LLC,
REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL WITH "ST" OVERLAYS AND
"PUD" PLANNED UNIT DEVELOPMENT (DYNABEL PUD AND LIVINGSTON ROAD
COUNTRY CLUB PUD) TO "PUD" TO BE KNOWN AS MEDITERRA PUD FOR A MAXIMUM
OF 750 SINGLE AND MULTI-FAMILY DWELLING UNITS, GOLF COURSE AND A
VILLAGE CENTER OF 60,000 SQUARE FEET CONTAINING GOLF COURSE RELATED
LAND USES, STORE FOR PROPERTY LOCATED WEST OF 1-75 ALONG LIVINGSTON
ROAD EAST/WEST CORRIDOR - ADOPTED
ACTING CHAIRPERSON CONSTANTINE: With that, let's go to Item
12(B) (3), the former 17(C), and that is what we were told is some
minor wordsmithing on --
COMMISSIONER BERRY: What, Tim?
ACTING CHAIRPERSON CONSTANTINE: Former 17(C).
COMMISSIONER BERRY: Okay.
COMMISSIONER NORRIS: Gotcha.
ACTING CHAIRPERSON CONSTANTINE: Mr. Nino.
MR. NINO: For the record, Ron Nino. Do we need to swear?
MR. WEIGEL: Yeah. And any disclosures.
ACTING CHAIRPERSON CONSTANTINE: Can we swear in Mr. Nino and
anybody else who might be speaking on the item. A couple of folks in
the rear of the room.
COMMISSIONER BERRY: And disclosures?
MR. WEIGEL: And disclosures.
COMMISSIONER BERRY: I've had contact with the petitioner.
COMMISSIONER NORRIS: As have I.
COMMISSIONER CARTER: As have I.
ACTING CHAIRPERSON CONSTANTINE: Sounds like all four of us.
Can you swear in the three folks.
(All speakers were duly sworn.)
MR. NINO: Again, Ron Nino, for the record.
The petition that's before you meets the unanimous consensus of
the Planning Commission. There aren't any objections to it, either
expressed at the Planning Commission meeting or written to us.
However, between those meetings, there were some problems with
sections of the PUD that in my opinion are not substantive and
resulted in their deletion from the PUD, namely on Page 66 of your
agenda package. The section on dedications was deleted.
And on Page 68, a section that would have had the county manager
with authority to assign a review to another county, that was deemed
to be inappropriate by our legal department and subsequently has been
deleted. So those are the two deletions from the PUD.
ACTING CHAIRPERSON CONSTANTINE: Those are the only changes?
MR. NINO: The only changes.
ACTING CHAIRPERSON CONSTANTINE: Questions for staff?
Petitioner wish to add anything to that, or are you okay?
Do we need to close the public hearing, Mr. Weigel?
MR. WEIGEL: Yes, sir.
ACTING CHAIRPERSON CONSTANTINE: Consider it closed.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
discussion?
Page 11
June 8, 1999
Seeing none, all those in favor of the motion, please state aye.
(Unanimous vote of ayes.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
Item #TA
MR. KEVIN ROSS REQUEST TO RESCIND FIREWORKS BAN - TO COME BACK ON JUNE
22~ 1999
We'll go back to our regular order of the agenda and that is
public petition. I believe Dave Dillman is here discussing the
fireworks ban. The way our public petitions work is you have up to 10
minutes to present either one, whatever you'd like, on an item. We
may get a little explanation, but we may or may not take any formal
action today. Usually we do not, we place it on a future agenda.
MR. DILLMAN: Yes, I'm here representing Kevin Ross. I guess
he's been in contact with Mr. Constantine.
ACTING CHAIRPERSON CONSTANTINE: Just for the record, if you'll
state your name.
MR. DILLMAN: My name is Dale Dillman.
ACTING CHAIRPERSON CONSTANTINE: Thanks.
MR. DILLMAN: We are here to try to get the fireworks ban lifted.
As you know, the Department of Forestry has lifted their ban on all
burnings and stuff like that.
The drought index, which this ban has been based upon, has
steadily dropped over the last couple of weeks. When enacted on April
22nd, the drought index was at 650. It is now at 438 and it has
dropped from 503 in just one week.
The ordinance bans all fireworks in the county. This includes
public and/or private displays. Because of this -- because of the
firework display, the Jaycees will also be banned. We've contacted
the Jaycees to let them be aware of this, and we were informed by them
that the representative does not -- that they do not include it in the
ban.
Even though we do not see -- even though we do not want to see
this display banned, we feel that the ban, the way the ordinance
reads, has to be banned. We would like to see this lifted so all
people can enjoy 4th of July firework displays, public and private.
And that's all.
ACTING CHAIRPERSON CONSTANTINE: Thanks. One of the reasons I
added this item on today is Mr. Weigel tells me their reading of this
may be correct, and if we don't make an exception to the ordinance,
there is the possibility that we would have some trouble having our
4th of July fireworks show at Sugden. And so we may want to get a
brief explanation on that, and then as well as to the specific issue
of public.
But we may want to bring this back on the 22nd, not only dealing
with sales and use of personal fireworks, but making sure we cover our
own bases so we can put on something for the public on the 4th of
July.
MR. ZACHARY: Good morning. Robert Zachary, County Attorney's
Office.
You are correct, Commissioner. As written, the ordinance does
ban all sale and use of fireworks, which I think that would include
the public displays as well.
Page 12
June 8, 1999
It was keyed to the Governor's executive order of 98-88 that --
declaring a drought emergency. When that order is rescinded or if it
is rescinded, it was at 60 days, which will be coming up pretty quick,
about the llth or 12th of June. So there may be a lift of the
Governor's ban -- or the Governor's executive order at that point, or
they may extend it. At this point, I don't know.
The ban still is in effect because the Governor's executive order
still is in effect. As far as the Department of Forestry, they have
allowed certain controlled burns under supervision, on-site
supervision or inspection. They haven't called me back from yesterday
to know what the status is today. But it is true, the drought index
is down, which is part of the -- over 600 when the Governor declared,
it's down to about 438 or something now. So that's where we are. But
yet, I think the fireworks ban does include the commercial fireworks
as the ordinance is written.
ACTING CHAIRPERSON CONSTAi~TINE: Mr. Weigel?
MR. WEIGEL: Thank you.
Well, as technicians we have the capability to follow any
specific directive that the board may give us. This is an ordinance.
We conceivably could take your direction, if there were to be some,
and provide an ordinance for the June 22nd agenda showing these
changes.
Although we might not meet the full 10-day advertisement
requirement, we would still advertise, it would technically still be
an emergency ordinance, but we could follow any directive you give.
One thing to note is, in regard to shades of potential change, is
that the public displays that might occur off of the Naples City Pier
or at Sugden Park and the purchase of fireworks force those displays
to come off, could be considered separately from public sales
generally. And again, this is up to the board and its directive, and
we'll try to respond to any particular question you may have. ACTING CHAIRPERSON CONSTANTINE: Questions?
COMMISSIONER BERRY: No. Well, my only concern is, I don't
really have a problem with the public display. That was never a
concern, other than if it's too dry, that can certainly present some
problems, too, from the falling sparks and so forth. MR. WEIGEL: Yes.
COMMISSIONER BERRY: But in terms -- my only concern is on the
private use of fireworks, and if people are using these in areas that
may be dry and if there's a concern that where it would start a fire,
then I've got a concern about that.
ACTING CHAIRPERSON CONSTANTINE: My suggestion might be that we
bring it back the 22nd --
COMMISSIONER BERRY: Okay.
ACTING CHAIRPERSON CONSTANTINE: -- to discuss -- or to consider
both of those options, one --
COMMISSIONER BERRY: Right, that's --
ACTING CHAIRPERSON CONSTANTINE: -- in public, one in private. If
we've dropped that much in the last couple of weeks, it's likely that
we'll continue to, but we'll know then.
COMMISSIONER BERRY: True. I think that's a good idea.
MR. WEIGEL: I'd be happy to put an agenda item on the agenda so
that it is even noticed publicly here in this forum but on the agenda,
so that everyone shall know that there will be a formal discussion of
the matter on the 22nd.
COMMISSIONER NORRIS: That's fine.
Page 13
June 8, 1999
MR. WEIGEL: If the board declares an emergency on the 22nd, an
ordinance can be even adopted on the spot.
ACTING CHAIRPERSON CONSTANTINE: Great. Commissioner Berry?
COMMISSIONER BERRY: One other question I have. If the Governor
does not lift the ban, what effect does that have on fireworks?
MR. WEIGEL: I think it's a directive to the counties. It does
not supersede the local county jurisdiction sovereignty, if you will.
COMMISSIONER BERRY: Okay. All right.
ACTING CHAIRPERSON CONSTANTINE: So the direction from the board
will be that we'll bring this back the 22nd, we'll deal with both the
private sales and use and public sales and use. Thank you very much.
MR. DILLMAN: Thank you.
Item #8A1
DISCUSSION OF AN EXTENSION OF THE ADDITIONAL 1% LEVY OF TOURIST
DEVELOPMENT TAX DUE TO EXPIRE DECEMBER 31, 1999 - CONTINUED TO JUNE
22~ 1999
ACTING CHAIRPERSON CONSTANTINE:
two weeks.
Item 8(A)(1) is continued for
Item #8A2
ACCEPT THE 1999 STANDARD TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND
THE CONSERVANCY OF SW FLORIDA! INC - DENIED
Item 8(A) (2) is an item that was continued from May 25th meeting,
and that is to accept the 1999 standard tourism agreement between
Collier County and The Conservancy.
MR. WEIGEL: Mr. Chair? Pardon me.
ACTING CHAIRPERSON CONSTANTINE: Mr. Weigel.
MR. WEIGEL: Pardon the interruption. There is a person who is
not yet in the room who was registering to speak, but registering as a
lobby, has already registered as a lobbyist. And I had told her that
I would at least ask the board if you might hold this for a moment so
that she could speak as a formally registered lobbyist. She'll be
here momentarily. That's all I can tell you.
ACTING CHAIRPERSON CONSTANTINE: I'll tell you what, I'm not -- I
don't follow that, but --
MR. WEIGEL: I understand.
ACTING CHAIRPERSON CONSTANTINE: -- we're going to follow the
agenda in the order we have it, and hopefully she'll be here in time.
MR. WEIGEL: Okay.
COMMISSIONER BERRY: Can we comment on this item, or --
COMMISSIONER NORRIS: Sure.
ACTING CHAIRPERSON CONSTANTINE: Sure.
COMMISSIONER BERRY: May I comment, Mr. Chair?
ACTING CHAIRPERSON CONSTANTINE: Please. You may take the words
out of my mouth.
COMMISSIONER BERRY: I don't know. I have some real concern over
this particular agreement for a couple of reasons. It struck me when
I read this that here is a group who has certainly criticized Collier
County for growth and development, et cetera, and the way we go about
it. And yet they're asking for tourist development funds to promote
bringing tourists here from Germany.
Page 14
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: More people here.
COMMISSIONER BERRY: This just seems a little kind of contrary to
a direction. And then using $10,000 to make this promotion, and at
the same time possibly suing Collier County. And from my standpoint,
I'll just be darned if I'm going to contribute to that. And that's --
I'm pretty straightforward in my thinking. I don't put all the
beautiful words along with it. But I just can't support this.
ACTING CHAIRPERSON CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: I share the same feelings.
ACTING CHAIRPERSON CONSTANTINE: Commissioner Carter, any
comment?
COMMISSIONER CARTER: Interesting point that Commissioner Berry
raises. I had not looked at it on that basis. It seems to me that
that is a dichotomy, isn't it?
ACTING CHAIRPERSON CONSTANTINE: Hypocritical one, you might say.
The issue, the threat of an actual reality of litigation from
time to time with The Conservancy on growth issues, and the fact that
they are spending some of their budget to litigate with the county, if
we then give $10,000, it's almost like playing a shell game in their
budget.
COMMISSIONER NORRIS: Helping to fund their litigation.
ACTING CHAIRPERSON CONSTANTINE: Yeah, I share that concern.
Greg, anything you want to add to this?
MR. MIHALIC: I can see I haven't done very good job in my
presentation, Commissioners. For the record, I'm Greg Mihalic.
Commissioners, TDC funds are there at your discretion. There's a
recommendation by the Tourist Development Council, but you certainly
have the right to approve or not approve any recommendations that come
forward. I gave you expanded information from your last request, and
you have a full package on what the money will be used for. But it's
obviously your choice about whether you wish to fund this grant or
not.
ACTING CHAIRPERSON CONSTANTINE: Do we have any public speakers
on this item?
MR. McNEES: Yes, sir, you have three.
COMMISSIONER BERRY: Mr. Chairman --
MR. McNEES: The first will be Mary Dunavan, who will be followed
by Maran Hilgendorf.
ACTING CHAIRPERSON CONSTANTINE: As Ms. Dunavan comes up,
Commissioner Berry had a comment.
COMMISSIONER BERRY: I want this made perfectly clear. I have
nothing against advertising in the European market. I don't care what
country it is. It has nothing to do with any kind of discrimination
against that. That isn't the point at all. I just want everybody to
understand that.
ACTING CHAIRPERSON CONSTANTINE: I think your point was pretty
clear that it's hard to say more people shouldn't come here but we're
going to advertise to bring more people here. COMMISSIONER BERRY: Absolutely.
ACTING CHAIRPERSON CONSTANTINE: If the second speaker just could
come as we go through the day when we announce that, the second
speaker could kind of come over to our on-deck circle by the door so
that we could move things along quickly. Mary?
MS. DUNAVAN: Good morning. My name is Mary Dunavan, and I'm
speaking for myself.
Page 15
June 8, 1999
I'm glad to see your reactions a little bit, because that was on
my list here. We do have an ad committee already to do the ads. In
fact, I have seen some ads, very same ads twice in one magazine.
No. 2, I have down that they bring lawsuits against us, which
costs us county tax monies. And they are in the tourist business,
which would be furthering their agenda.
And also, is there any kind -- this is a question. Would there
be any conflict of interest in giving them the tax money to promote
their own agenda? And why can't we -- if we have a lot of money and
we have people putting in for it, why can't we get the law changed to
build our road system, because the tourists that do come in here are
the ones that makes us bumper to bumper. And so that is my
viewpoints. Thank you.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
I happen to agree with you on the road question. Unfortunately,
the state doesn't allow us to do that. I would encourage anybody who
thinks like we do that we'd love to see tourism dollars spent on the
roads. And the logic, I think, is clear, our tourists fill up a lot
of our roads in season. Right across the hall, we have both
Representative Goodlette and State Senator Saunders, and they're the
folks who can change that law. Our next speaker?
MR. McNEES: Ms. Hilgendorf, followed by Hollis Gillespie.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Good morning.
MS. GILLESPIE: Good morning. My name's Hollis Gillespie. I'm
division director of environmental education at The Conservancy of
Southwest Florida.
MS. HILGENDORF: I'm Maran Hilgendorf. I'm the director of
marketing communications for The Conservancy of Southwest Florida.
MS. GILLESPIE: We've come here to support our grant for $10,000,
a TDC grant, which was approved unanimously by the workshop commission
on TDC. And I understand the last time we met for the commission,
there was some question about where the money would be spent, so we're
here to address those questions that you might have today.
ACTING CHAIRPERSON CONSTANTINE: Does the board have questions
for the folks from The Conservancy?
COMMISSIONER NORRIS: I think my questions have been answered.
COMMISSIONER CARTER: Well, it's my understanding you're going to
use these dollars to promote tourism to Southwest Florida on behalf of
The Conservancy.
MS. GILLESPIE: Well, we're here to promote them to Southwest
Florida in the hopes that they will come to The Conservancy Museum of
Natural History, which is the only natural history museum in 100-mile
radius. It's purely natural history and science.
COMMISSIONER CARTER: It's still promotion to me.
ACTING CHAIRPERSON CONSTANTINE: Anything you want to add?
It looks like we don't have a whole lot in the way of questions.
Thank you very much.
MS. GILLESPIE: Thank you.
ACTING CHAIRPERSON CONSTANTINE:
MR. McNEES: No, sir.
ACTING CHAIRPERSON CONSTANTINE:
on the item?
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
Any other speakers?
Seeing none, is there a motion
Motion to deny.
Second it.
Page 16
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE:
in favor, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE:
denied.
MR. MIHALIC: Thank you, Commissioners.
ACTING CHAIRPERSON CONSTANTINE: Thanks, Greg.
Motion and a second.
Motion carries 4-0.
Item #8A3
Ail those
The item is
ACCEPT THE 1999 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE CITY OF NAPLES - APPROVED
Our next item is 8(A) (3), accept the 1999 interlocal tourism
agreement between Collier County and the City of Naples.
COMMISSIONER NORRIS: Motion to approve.
ACTING CHAIRPERSON CONSTANTINE: There is a motion.
second for the motion? COMMISSIONER CARTER: Second.
ACTING CHAIRPERSON CONSTANTINE: Any discussion?
Seeing none, all those in favor of the motion, please state aye.
(Unanimous vote of ayes.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
MR. MIHALIC: Thank you, Commissioners.
ACTING CHAIRPERSON CONSTANTINE: Thanks.
Do we have a
Page 17
1999 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING THE RECONSTRUCTION OF THE NAPLES PIER
THIS AGREEMENT, is made and entered into this z~"~ day of ~ , 199~_,
by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY."
RECITALS:
WHEREAS, the COUNTY has.adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds fi:om the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be used to "acquire, construct, extend, enlarge, remodel, repair, improve,
maintain, operate or provide one or more fishing piers..."; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for reconstruction of the outer half of the Naples
Pier; and
WHEREAS, the Grantee represents that construction will commence in the year 2000;
and
WHEREAS, the COUNTY desires
pursuant to this Agreement.
NOW, THEREFORE, BASED
PREMISES PROVIDED HEREIN, AND
MUTUALLY AGREED AS FOLLOWS:
WHEREAS, the parties agree that funding will be available in the fiscal year 2000; and
to fund the proposed Naples Pier reconstruction
UPON THE MUTUAL COVENANTS AND
OTHER VALUABLE CONSIDERATION, IT IS
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall reconstruct the outer half of the Naples Pier.
2. P_~I~.F,]~: No funds shall be dispersed until fiscal year 2000. The amount to
paid under this Agreement shall be Four Hundred Fifty-Thousand Dollars ($450,000.00). The
GRANTEE shall be paid in accordance with fiscal procedures of the County 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 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 maximum amount budgeted
pursuant to the Attached "Exhibit A."
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof.
4. ~: 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
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.
5. 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.
6. GRANTEE'S REPRESENTATION THAT ACCESS IS UNRESTRICTED: Grantee
agrees that no event fee, admission fee or other fee may be charged to any resident of Collier
County or tourist for a period of twenty years from date of completion of the reconstruction of
the outer half of the Naples Pier. The period of twenty years is the useful life of the improve-
ments funded by this Agreement. In the event that GRANTEE charges a fee as described in this
Section during said twenty year period, the GRANTEE shall refund to COUNTY the full amount
of the funds dispersed pursuant to this Agreement unless the Board of County Commissioners
and the City Council both concur in the placement/charge of said fee for admission to the Pier.
7. INDEMNIFICATION: To the extent permitted by law, 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.
8. NOTICES: AIl 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:
William P. Harrison, Assistant City Manager
City of Naples
735 8~ Street South
Naples, Florida 34102
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
County Administrator
Second Floor, Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible.
11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records and keep tourism funds in a separate checking account. All revenue
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 on ,(,/'~'.,/~.P [date Board
approvesi and shall remain effective until sixty days after the completion of the reconstruction
of the outer half of the Naples Pier, which is expected to commence in the year 2000.
15. AMENDMENTS: This Agreement may only be amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
16. This Agreement shall be recorded in the public records of Collier County.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF C..(~ISSIO~
s.
WITNESSES:
Printed/Typed Name
Printed/T.y~ed Name
ATTEST:
Clerk
GRANTEE
CITY OF NAPLES
Bill Barnett
Printed/Typed Name
Mayor
Printed/Typed Title
(corporate seal)
Approved as to form and
legal sufficiency
fleidi F~ A~hton
Assistant County Attorney
f:~hennie~fa~agreements-The Reconstruction of the Naples Pier -99
Appcoved as to foc,n and
legal sufficiencg
Natural Resources
Management
EXHIBIT "A"
Naples Pier Reconstruction
includes, but is not limited to:
Engineering design, permit application, plans,
soecifications, and bid-document preparation,
bid evaluation, contract award assistance, and
construction supervision;
Pier reconstruction, including materials and
labor to remove and dispose of the existing
cuter half of the Naples Pier and reD!ace it
with a new concrete-pile-supported, wood-decked
structure, including appropriate railings,
benches, and shade structures, which matches the
inner half of the Pier.
$450,000
June 8, 1999
Item #8A4
REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS AMEND THEIR RESPONSE TO
THE DEPARTMENT OF COHMUNITY AFFAIRS (DCA) REGARDING THE URBAN AREA
DENSITY REDUCTIONS - CONTINUED TO LATER IN THE MORNING
Item 8(A) (4) . We had talked about this being a time sensitive
item waiting for our friends in Tallahassee perhaps to conclude their
comments. Do we want to continue this temporarily?
MR. McNEES: That's correct. My understanding is they're calling
at 11:00, so we'll have something.
ACTING CHAIRPERSON CONSTANTINE: Well, let's hold that off until
we complete the rest of the agenda. And if I by any means forget
that, I'm sure you'll remind me.
Item #8A5
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690,
-HENDERSHOT PIT COMMERCIAL EXCAVATION AND HOMESITE"; BOUNDED ON THE
NORTH, EAST, SOUTH AND WEST BY VACANT LAND ZONED ESTATES AND ALSO ON
THE EAST BY EVERGLADES BOULEVARD - MOTION TO APPROVE - FAILED
MOTION TO CONTINUE TO JUNE 221 1999 FAILED
8(A) (5) was 16(8) (A), commercial excavation. Actually, I think
each of the next four have to do with commercial excavation. Stan, do you get this one?
MR. CHRZANOWSKI: Good morning, Commissioners. My name is Stan
Chrzanowski, and I'm with the engineering review department of the
development services division.
And before I start my presentation, we noticed that there were
three excavations pulled off the excavation -- off the consent agenda.
And it's possible that one of the reasons it was pulled off was
because of a clerical error in which a wrong location map was included
in one of the excavations. And it's altogether possible that three
excavations coming up at the same time raise some kind of a red flag,
in which case I'm prepared to do a slightly longer presentation.
ACTING CHAIRPERSON CONSTANTINE: Let's start the Reader's Digest
version and then if there's questions, we'll take it from there.
MR. CHRZANOWSKI: Okay. We've been doing excavations in Golden
Gate Estates --
ACTING CHAIRPERSON CONSTANTINE: There's a hand-held mike right
there.
MR. CHRZANOWSKI: Thanks. You'll have to excuse me, I'm not used
to doing this.
We've been doing excavations in Golden Gate Estates as consent
agenda items for quite a while now. Three years, ever since A1
McCall, the Vietnam vet, wanted to dig a fish pond in his backyard.
And the board told us to figure some way to do it, and we did. And it
hasn't presented a problem.
The pink areas are lots in Golden Gate Estates that have had
excavations permitted and we haven't had any problems with them. The
large pink area is the Winchester Lake, already permitted and under
construction. This is the Long End Lakes. This is the Weeks Pit.
Both fairly large excavations.
The -- you can hardly see it, but there's a small yellow area
here, a small yellow area here and a small yellow area here,
Page 18
June 8, 1999
representing -- I believe one is a seven-acre and the other two are
five-acre lots. On one you have a two-acre excavation, on one you
have a three-acre, the other is like a three-and-a-half acre. They
vary from 40,000 to 80,000 cubic yards, which is typical of these lots
in the Estates.
ACTING CHAIRPERSON CONSTANTINE: Just for clarity, what's
allowed? If somebody has a two-and-a-half-acre, typical Estates lot,
I assume they are allowed to do something there.
MR. CHRZANOWSKI: We allow them to dig a small lake, half-acre.
Your problem comes with your setbacks. The lakes have to be set
back 50 feet from the property lines, and the lot is 100 and -- a
two-and-a-half acre lot would be 180 feet wide, so you'd really only
have 80 feet in the middle to work with.
We have a side slope requirement of 4 to 1 and a depth
requirement of 12 to 1. So at 4 to 1 for 12 feet deep, you run 50
feet, and so you basically go down and come back up. We do allow if
they fence. The 4 to 1 is a safety criteria. And if they fence a
property line, we allow them to get closer to the property line,
because we figure that the neighbor's kids aren't going to wander in.
Although, there's not much difference truly between 20 feet, 30 feet
and 50 feet, as far as the kids are concerned. But it's a rule we
have. We let them get closer and we let them dig the lakes.
When you dig a lake that's a half an acre or an acre or two
acres, 20 feet deep you're going to generate a pile of fill that's 20
feet high. Now, not all these people want to do like a commercial
excavation, some of them just want fish ponds. But the pile of fill
that they generate has to be taken off-site. So we've been allowing
commercial removal of the material.
The excavation ordinance only recognizes four types of -- well,
they're actually exempt, less than an acre. If you're a private
excavation, you're less than two acres. Development, you're in a PUD
or greater than two acres. And any time you haul material off-site,
you're commercial. Well, this yellow thing here is commercial. And
this, Winchester Lake, that's almost 640 acres, you get one million
cubic yards per foot of depth. That's also a commercial excavation.
We review them sort of the same and it's kind of unfair.
Well, the board realized that last time we looked at McCall's
excavation and just told us to allow people to take -- fill off-site.
That's the Reader's Digest version. I can go into an extremely --
ACTING CHAIRPERSON CONSTANTINE: Let's see if we have questions
from the board on these. Commissioner Berry was the one that pulled
these.
COMMISSIONER BERRY: I'm the one that pulled these items off.
I had received some phone calls in regards to one of the sites,
Stan, that was part of the reason.
But yes, I did see three of them on the agenda at one time. And
part of my question is -- and if it's something that maybe we need to
look at or I need to ask you. If we changed -- I believe -- does this
come under the Land Development Code?
MR. CHRZANOWSKI: 3.5 of the LDC, yes.
COMMISSIONER BERRY: Okay. If we changed the Land Development
Code for some of these lots, like one of my big concerns is blasting.
And I saw where they have to secure a separate permit for that.
MR. CHRZANOWSKI: Yes. Can I address that quickly?
COMMISSIONER BERRY: Sure, please.
Page 19
June 8, 1999
MR. CHRZANOWSKI: If you look at where these excavations are
located, this map was prepared by Mack Hatcher of the environmental
department. And it's -- the green is basically wetlands, the blue is
like a wet prairie. If you look, all these are in areas -- even this
one stuck in here is an area that's white, which means vegetation
generally grows in an area where the subsoil is conducive to that
type.
People have realized that this is deep sand. We don't have any
blasting up in these areas. To do a small lake and blast is not cost
efficient. So the few people that have gotten into this business, and
we -- it is like a repeat business for a certain select group of
contractors. They -- and they've been doing it well. They realized
that by doing their excavations up in here, they don't have to blast,
it's efficient, they're in and out relatively quickly.
And the only problem we have, I think we got one complaint once
about trucks running down a road too fast. Other than that, nothing.
COMMISSIONER BERRY: Okay. The one item, and there's one that's
currently in progress right now, on Immokalee Road just beyond the
Corkscrew area on the right-hand side of the road? My main concern is
particularly on that roadway, and then I believe this other one, one
of the other ones that's in the book today, these are very visible and
it has really -- it looks ugly. It really is a -- it's a scar, in my
opinion.
I don't mind a person, you know, trying to -- if they figure this
is the way they can make some money, that's fine, and if it's legal
and all those kinds of things. But it seems to me that there ought to
be some kind of visual buffering from the roadway if you're going to
go ahead and do some of this on these acreages. And I don't know
whether this would require us in the future to change the Land
Development Code to demand that this be that way, that they either put
in vegetation or do something to shield this from the roadway. This
is one of my big concerns. That's number one.
And then number two, the people were concerned about the blasting
issue. And I'm no expert, so that's why I wanted to pull that off and
get your take, or whoever's in charge, and you are, Stan, in regard to
what would happen in some of these areas.
And again, it goes back to if people have built homes on one of
the ones that we have in our book today, and actually I think it's the
third one that has to do with the site off of DeSoto Boulevard, there
are people that are out in that area. Now, granted, it's not heavily
populated, but the people that call me live in that area, and they're
concerned about the blight of what this is going to look like. And
everybody would say well, there's nothing there now. Well, no,
there's not. But at least it's not a scar on the land either.
So it's a visual impact, and I'm wanting to know what we can do
or how we have to address this in the future. I know that what
they're doing is in accordance to, you know, what our rules apply
right now. But what can we do?
ACTING CHAIRPERSON CONSTANTINE: Do you want to put an agenda
item on and just kind of give some direction to staff to do a little
homework on some of those options? COMMISSIONER BERRY: Okay.
ACTING CHAIRPERSON CONSTANTINE: Because I don' t know how viable
that is to either have some screening or have some landscaping or
something, but probably not a bad thing to explore.
Page 20
June 8, 1999
COMMISSIONER BERRY: Well, if they're going to continue to do
this and -- you know, they're selling this for fill, you know. And I
remember when the incident came in about the person wanting to dig the
fish pond, and we all kind of sat here, and you want to believe that
that's what they're going to do but in reality what's happened is they
did what they were going to do and there's been no fish pond, okay?
And I -- and you hate to -- you can't say well, you're not
telling us the truth. You really want to go in there and dig the fill
and sell it. But because there may be that legitimate case that comes
in, and truly they do want to dig a fish pond. They have a home there
and they want some kind of a little lake and this was their dream.
They want to have this lake out in back of their house and do
whatever. So I don't know how you ever distinguish between the real
and the not real.
COMMISSIONER CARTER: Well, that --
MR. CHRZANOWSKI: The case you're talk -- Commissioner?
COMMISSIONER CARTER: Well, that's a very interesting point. Then
they would get back to some sort of a plan, a total plan and a
commitment and follow through.
COMMISSIONER BERRY: Like if you're going to have a home, then
you can do this.
COMMISSIONER CARTER: Are you going to do these types of things.
And if they're just scooping it out that I see, there's no lake, it's
a myth. You know, say we're going to build a lake and it never
happens answers a lot of questions for me. Thank you.
MR. CHRZANOWSKI: The case you're talking about was a person came
in to build a fish pond and in the -- as a conditional use in the
agricultural area, usually we allow excavations. But in his case,
agriculture is a permitted principal use and the code technically said
if you generate extra fill from a permanent principal use, you can
haul it off-site without permits. It was a loophole. We've since
closed that one. That was a fairly large one.
And this other one is Long End Lakes. It's a commercial
excavation. The only other one I see close to Immokalee Road is a few
lots in. It's a very small one. And those --
COMMISSIONER BERRY: Well, this is the one -- there's one right
now that is just beyond Corkscrew on 846.
MR. CHRZANOWSKI: That would be the Long End Lakes commercial
excavation that was permitted. The neighbors showed up and expressed
their concern about noise and all. And he was permitted a few months
ago. It's a very large one.
COMMISSIONER BERRY: Yes, it is.
ACTING CHAIRPERSON CONSTANTINE: My assumption is if they wanted
to use that fill for their own home pad, obviously there's more than
enough in the scenario you've described. But if they wanted to use
that on their own property for some purpose, they could. What we're
really looking at, where the problem comes up, is when they start
hauling that off and using it instead of to build a residence --
COMMISSIONER BERRY: Right.
ACTING CHAIRPERSON CONSTANTINE: -- to do something else.
COMMISSIONER BERRY: But I'm also concerned about the people that
live in the area at the time.
COMMISSIONER NORRIS: If I might, Stan, I think Commissioner
Berry's concern is do we have any mechanism on the small excavations
for restoration later, once the excavation is terminated?
Page 21
June 8, 1999
MR. CHRZANOWSKI: We have a bond on the excavations. And they
still have to conform to the literal zone portion of the ordinance,
and -- because they're commercial. And we're making them conform to
the new rewrite of the ordinance that calls for the banks to be
sinuous, more natural shaped, instead of looking like a quarry.
COMMISSIONER NORRIS: If I understand your concern, it's more the
COMMISSIONER BERRY: It's more than that.
COMMISSIONER NORRIS: -- the view. And if there's some way when
the excavation is over to kind of restore it to something that doesn't
look like a pile of rocks sitting over there anymore, that might help
a lot.
COMMISSIONER CARTER: Almost reminds me of strip mining.
COMMISSIONER BERRY: That's exactly what it looks like, Tim.
MR. KUCK: Good morning, Commissioners. For the record, Tom
Kuck, engineering review manager.
And I think what I'm hearing is that you'd like to see some
language put in the LDC. If we have this type of an excavation, we
would set up a buffering or a landscape area around it. And we'll
work on that. And if we go into the next cycle, the Land Development
Code amendments, we'll bring some language to you on that.
ACTING CHAIRPERSON CONSTANTINE: How about if we -- and tell me
if this is okay with you, Commissioner Berry, if we have staff just
bring this back sometime in the next couple of months with some
different options and suggestions on some of the concerns you've
raised.
COMMISSIONER BERRY: That's fine.
ACTING CHAIRPERSON CONSTANTINE: And then we can give some
clearer direction for the next cycle.
COMMISSIONER BERRY: I want it made perfectly clear, I understand
we have to operate under the rules that we have now. So there's not a
great deal that can be done. But this brought it to the forefront
when I saw these three projects on here. And this is a good time to
ding, ding, remember up here and bring it forward and at least get
something out here and see how the rest of the board feels about some
changes in the future. So --
ACTING CHAIRPERSON CONSTANTINE: Okay.
COMMISSIONER BERRY: -- we can do that, I'd certainly -- if the
rest of the board concurs, I'd --
COMMISSIONER CARTER: I would concur --
COMMISSIONER BERRY: -- like to do that.
COMMISSIONER CARTER: -- Commissioner Berry. That's an excellent
point. We've got to restore the land. And if it's somebody doing it
for their own private home and they're really creating a lake and
enhancing the property, that's one thing. If you're out stripping the
land for other purposes, then you've got to get back to a restoration
process so that it looks decent and it's not an ugly gouge in the
middle of the acreage out here.
COMMISSIONER BERRY: And one other question. In terms of
wildlife, how far away do they have to be before it's considered
critical to the site? And the reason I'm asking, it was brought to my
attention on this one site that's located -- the one across from 858
off of DeSoto, that apparently down toward the canal, that there are
eagles out there. There's a pair of them. Is that a concern? And
who monitors this?
Page 22
June 8, 1999
MR. CHRZANOWSKI: I'm only an engineer. I am aware that there
are certain -- if there's an eagle nest, there's a certain protection
zone around it.
COMMISSIONER BERRY: Okay.
MR. CHRZANOWSKI: When Winchester Lake, the very large pink area
COMMISSIONER BERRY: Right.
MR. CHRZANOWSKI: -- came through, that might be the area you're
more talking about than the little house lake excavation. Any area
that would have been part of an eagle protection zone would have
easily been spotted by somebody.
COMMISSIONER BERRY: Well, this is one that's on our agenda
today, and it was reported by the people who live down closer to where
these eagles are that this isn't that far away from the one that's on
our agenda today.
ACTING CHAIRPERSON CONSTANTINE: As part of the review, I would
like to see particularly those that are on these residential -- or
estates residential zoned lots, that maybe we have some restrictions
or some attachment to actual construction. When we get into the
bigger projects, I think we already go through some extensive detail
on that. But just, I'd like that to be part of what you bring back to
us as look at some of the options there. I think you have sufficient
direction there.
Let's go ahead on the actual item before us, which is 16(A) (8)
and --
COMMISSIONER CARTER: Let me ask one other question.
ACTING CHAIRPERSON CONSTANTINE: Sure.
COMMISSIONER CARTER: Commissioner Berry, you brought up about
the sighting of eagles in a very close proximity. Now, are we doing
another throwing over the wall here, that we only have one group that
only looks at it from engineering and we have Department of
Environmental Protection resources that says we didn't know this?
Before we do this, let's make sure that we've all got our act together
before we approve this.
ACTING CHAIRPERSON CONSTANTINE: And that's the intent, I think
COMMISSIONER BERRY: Well, it's in here --
ACTING CHAIRPERSON CONSTANTINE: -- of giving them direction.
COMMISSIONER BERRY: -- because it states about the vegetation
removal, and it is also -- they are to check for any listed species.
So I assume -- I hate to use that word, because that can get you in a
lot of trouble. But it is in the information that we have in front of
us.
ACTING CHAIRPERSON CONSTANTINE: And our direction is simply to
bring all that back for discussion. Because I agree with you, I don't
think we need to give -- put anything into the process until we have a
better idea. But it's clearly a concern for all four commissioners
sitting here, so let's have that discussion in some detail sometime in
the next couple of months and then we'll give specific direction if we
want to make any changes in the next cycle to the LDC. MR. CHRZANOWSKI: What about these three items?
ACTING CHAIRPERSON CONSTANTINE: We're going to get on those
right now. We all understand, I think, we've got to deal with these
under the current code.
16(8) (A) is now 8(A) (5). Is there a motion on that?
Page 23
June 8, 1999
MR. McNEES: Commissioner, you do have a registered speaker on
each of these three items.
ACTING CHAIRPERSON CONSTANTINE: Okay, great.
MR. McNEES: That would be Chuck Stephan.
ACTING CHAIRPERSON CONSTANTINE: Good morning, Chuck.
MR. STEPHAN: Good morning, Commissioners. My name -- for the
record, my name is Chuck Stephan. I reside in Section 5, Township
49-S, Range 27-E. Now, you all know where that is. You all know
where my house is. However, Mr. Carlton, the tax collector, likes to
refer to it as Unit 78, Tract 66, Golden Gate Estates. And to my
friends, as you know, Mr. Commissioner, have the post office address
of 4251 Northeast Sixth Avenue.
I object strongly to the way that you let the public know that
you're going to do something in the -- on the land around their homes.
I very strongly object to that.
The other factor -- I was prepared to give a humorous scenario on
this today. And then I see this map up there and I see pink. You
notice the large pink areas up there that are large excavation areas,
they are not in the confines of Golden Gate Estates. Their largest
pink area is agriculture.
And when the county people say that nothing grows there, it was
farming. They had a large tomato patch in there before they sold it
for a landfill -- or not a landfill, but a fill pit.
Now, Golden Gate Estates is one thing. It has its rulings on it,
or its restrictions. You will notice that for years -- and I think
most of you remember poor Mr. Terry. If he had just gotten a
commercial excavation permit, he could have sold his pots of dirt with
a little bit of roots and a twig sticking out of it for years without
any hassle from the county government at all. It killed him, it
killed his friend, Don Segretto, and it killed his wife, all the
aggravation and hassle, because he wanted to sell plants in Golden
Gate Estates. You wouldn't permit it. It was against the
regulations.
To me, a commercial excavation permit is commercial. And when
you permit a commercial activity in Golden Gate Estates, you are spot
zoning commercial. You wouldn't let Mr. Faust take and build a store
at Golden Gate and Everglades on land that was designated commercial
in your Growth Management Plan. And now you've got your chairman in
Tallahassee at DCA trying to smooth over something, apparently.
I object to anything that is changing from the Growth Management
Plan in Golden Gate Estates. And a commercial excavation permit is a
change. And when you do not put down your true legal description that
everybody recognizes, Tract 66, Unit 78, Golden Gate Estates, your
people around that could recognize exactly where it is.
And what you're talking about, I think -- I talked to the people
who live closest to this thing off of 858 and DeSoto Boulevard. They
had no idea what this was. Had absolutely no idea that this was even
near them. And the way it's -- the way it reads in the paper, it says
bounded on the north by 858.
There is a 300-foot strip between North 33rd Avenue and 858. Two
and a half acres is owned by the Avatar Committee, the old Avatar
Committee, and it is being held for a fire department. And it is
probably across the street from where they want to pull this fill out
and make money on it.
And this -- and it says here that it's bounded on the east by
DeSoto Boulevard. This thing is nowhere near DeSoto Boulevard. I
Page 24
June 8, 1999
would say it's within, oh, maybe a third of a mile or a quarter of a
mile, but it is not bounded on the east by DeSoto. How can -- how
could you approve something like this?
I think the commission should go back and stop all permits in
Golden Gate Estates until there's some changes made. Thank you.
ACTING CHAIRPERSON CONSTANTINE: Thanks, Chuck.
The -- I think realistically we have to follow whatever the
current law is, but I think what you've said is valid, particularly
the part about commercial. And I think that's the same thing you're
saying, is it's essentially allowing a commercial use out there. And
that's what hopefully we'll address in the next couple of months.
MR. CHRZANOWSKI: When the McCall excavation was heard, the
county attorney made an interpretation that this was not strictly a --
like I said, we only have certain ways we can permit excavations. One
of them happens to be called commercial. What they determined was
that it was off-site hauling of excess fill. The man was digging a
fish pond in his back yard. He had too much fill. And because we
don't want to build up the land unnecessarily, he was allowed to haul
the excess fill off. And in his case, he claimed that he had somebody
that would do it for free.
ACTING CHAIRPERSON CONSTANTINE: I understand. And I guess we're
not going to sort that all out today. However, I would like us to
sort it out. And I think direction's been fairly clear that we handle
this sometime this month or our August 5 meeting.
MR. CHRZANOWSKI: Yes, sir.
ACTING CHAIRPERSON CONSTANTINE: Back to the item at hand. I
think that was the only speaker; is that correct, Mr. McNees?
MR. McNEES: Yes.
ACTING CHAIRPERSON CONSTANTINE: 8(A) (5). Is there a motion?
Recognizing current law, is there a motion?
COMMISSIONER NORRIS: Motion to approve.
ACTING CHAIRPERSON CONSTANTINE: Is there a second?
I'll second the item. And again, stressing none of us
necessarily like it, but that's the way our law is written right now.
Motion and a second. All those in favor, please state aye.
Aye.
COMMISSIONER NORRIS: Aye.
ACTING CHAIRPERSON CONSTANTINE: All those opposed?
COMMISSIONER CARTER: Aye.
COMMISSIONER BERRY: Aye.
ACTING CHAIRPERSON CONSTANTINE: Motion fails two to two.
Is there a substitute motion?
COMMISSIONER CARTER: Move that we defer this approval until we
get -- how do I want to say that -- better clarification from staff to
deal with these issues. Somebody help me with that. Is there any way
we can do that?
COMMISSIONER NORRIS: I think what you're saying, I don't know.
Mr. Weigel, you better let us know on that. What he's actually
saying is, let's delay this until we can change the law.
MR. WEIGEL: That's one way of saying it. It looks like you're
looking to continue it indefinitely, or you're -- but you're
attempting to put some time where the staff is coming back. At least
I think there should be a direction of staff to come back, if that's
what you're looking for, with a plan or a change for you to approve.
MR. CHRZANOWSKI: In what form?
Page 25
June 8, 1999
COMMISSIONER CARTER: I'm probably on a slippery slope here. But
I -- what was discussed here this morning does not resonate well with
me in terms of allowing this to happen, particularly with the last
gentleman who spoke. And I'm trying to find a better way to do this.
ACTING CHAIRPERSON CONSTANTINE: Our direction I think was that
we recognize the current law as flawed. We'd like to have a full
discussion when staff is completely prepared on some of the options
for how we can change that. I think we're on a slippery legal slope
if we tell people who've already applied under existing law that we're
going to defer that until we change the rules.
COMMISSIONER CARTER: Are there some options under the current
laws that we need to really thoroughly explore to see if in fact that
these people are doing what they really say they're going to do, or
are they giving us some, well, we're going to do this but in reality
we're doing this? Which happened on our famous fish pond example
here.
COMMISSIONER NORRIS: You mean like the guy that came in with the
30-foot deep catfish farm?
COMMISSIONER CARTER: Yeah.
Or can we state that we need to have some enhancements around
once this is activated, that we can improve and return the land back
to a more aesthetic looking piece of property? I mean, it just feels
to me like we're gouging and leaving and we're not doing what we need
to do to protect the neighbors in the area.
MR. CHRZANOWSKI: The ordinance is set up to dress up the lake
banks to a four to one and leave a decent looking lake with a literal
zone in one part, aquatic vegetation, submersion type of vegetation.
If you want him to plants trees, the owner to plant trees around the
lake --
COMMISSIONER CARTER: Well, the other part of the issue here is,
is this truly a commercial action?
COMMISSIONER BERRY: Well, if you read what it says, this -- I'm
reading the one that's off of Oil Well Road and DeSoto Boulevard. It
says they're going to dig this lake, it's going to take them a year to
do it? Now, I'll tell you, if you're going to dig a lake and it takes
you a year to do it, you've got a serious problem. Does that really
take a year to dig a lake?
MR. CHRZANOWSKI: Sometimes. It took weeks, quite a bit longer,
because they -- in the summertime when the water table is up, they dig
in the wet, they pile the material and they stockpile it at drains,
they can't find a market for the fill. There's reasons. My guess
would be they'll finish in six months.
COMMISSIONER BERRY: But see, that's --
MR. CHRZANOWSKI: Which only means --
COMMISSIONER BERRY: -- the whole thing. It appears here -- I
mean, he probably's going to -- let's put it this way, he's going to
end up with a lake. But the bottom line is that he's going to use --
he's going to sell 86,000 plus or minus cubic yards of fill. Now, how
much is fill a yard, a cubic yard?
MR. KUCK: Usually the royalty on what you're paying the owner of
the property is anywhere from 75 cents to 1.25. For you to have it
delivered to your site, it's anywheres from four to $6, depending on
the distance.
COMMISSIONER BERRY: Well, at 86,000 cubic yards, he's not going
to be too bad off.
Page 26
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Well, let's either move on to
the next item or have a substitute motion. Because we've already got
direction to deal with the overall issue, and either we're going to
let these folks do this or not. So we can't solve the whole
commercial excavation issue today.
MR. KUCK: The only question I have, do you want us to come back
with these three excavations with some special conditions on it?
ACTING CHAIRPERSON CONSTANTINE: Right now that's not the
direction of the board.
MR. WEIGEL: Mr. Chairman?
ACTING CHAIRPERSON CONSTANTINE: Mr. Weigel.
MR. WEIGEL: Mr. Hoover indicates that he represents the
petitioner on two of the three excavation permit items that were moved
on the agenda. He's -- looks like he's ready to provide -- enter into
discussion and provide information or answer questions that you might
have.
ACTING CHAIRPERSON CONSTANTINE: Mr. Hoover, good morning and
welcome.
MR. HOOVER: Good morning. I believe this gentleman here was --
the first one we're talking about is on Everglades Boulevard, if I'm
not mistaken, not Item 8. And I'm a little confused on the agenda,
because it got moved around substantially today.
COMMISSIONER BERRY: Okay. That would be Item 16(A) (8). That's
the one that's bounded also on the east by Everglades Boulevard. MR. HOOVER: Yes.
COMMISSIONER BERRY: Okay. That's the Hendershot pit. Is that
the one?
MR. HOOVER: Correct. It -- one thing to note on these, in the
estates they're a little bit different from the agricultural ones. In
an agricultural pit you're allowed to basically dig a pit that ends up
being a pit. So it is essentially earth mining.
On the estates property, you're required to have a one-acre
homesite remaining when you dig the property. So basically you have a
homesite with a lake.
So both of these -- this project on Everglades Boulevard, it's a
homesite with a lake that's set back 50 feet from the property
surrounding it. This gentleman was talking about the one on DeSoto
Boulevard, which is a separate petition. I don't know if he's
objecting to conceptually maybe this one also.
One of the things -- I understand your point about maybe making
some enhancements. Maybe a suggestion would be that let's say as
we're -- as you're at the property where you're adjacent to the lake
that we have -- we plant, let's say, an oak tree every 50 feet around
the lake staggered in this 50-foot perimeter around there. Now, if
that's the direction the board might consider going, I can -- I'm sort
of a tree person myself. I think that would look very aesthetic.
COMMISSIONER BERRY: Actually, I'm looking for something more of
a solid buffer. I mean, trees are nice and I certainly don't have any
-- you know, I'm not opposed to that, but I basically want to block
off from any roadway or anything that's -- if I happen to live next
door to this, then I want something that's going to form some kind of
a visual barrier.
MR. HOOVER: A berm?
COMMISSIONER BERRY: Well, it could be a berm, I suppose, but
more likely I would like something more in the --
Page 27
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Are you speaking of a screen
from the finished product or just during the activity? Because I
don't know that a lake's necessarily a bad thing --
MR. HOOVER: I would rather have a lake next to me than I would
weeds growing on -- basically on land where you've got weeds growing
four, five feet high.
COMMISSIONER BERRY: Well --
MR. HOOVER: I mean, but that's -- everybody has
COMMISSIONER BERRY: I understand.
MR. HOOVER: Generally lake -- if you're adjacent to a lake,
that's an amenity, and you sell your land for more money. At least
they do on condos and when you rent apartments.
COMMISSIONER BERRY: I guess my concern is, Bill, that when they
walk out there, initially you've got all this raw dirt and raw land
and what have you there. And it takes awhile. And if something isn't
done, if they don't build a house there, which nine times out of ten I
would be very surprised if that's in effect what's really going to
happen here, Unless you know something that I don't know.
MR. HOOVER: No, it's intended to be a homesite in front of a
lake in the rear.
COMMISSIONER BERRY: Both of these?
MR. HOOVER: Yes, ma'am.
COMMISSIONER BERRY: Both of them are?
MR. HOOVER: Yes.
COMMISSIONER NORRIS: And the homesite is between the lake and
the road?
MR. HOOVER: Yes, sir.
COMMISSIONER BERRY: Okay. So the homesite would be up closest
to the road and the lake would be away from the roadway.
MR. HOOVER: Correct. So it's a -- you got the road, you got the
homesite and you got the lake. And the lake is set back 50 feet from
all neighboring property boundaries. So it would be 50 feet from the
rear, 50 feet from the side, more like 200 feet from the road because
your homesite would be up front.
COMMISSIONER BERRY: Okay. What I was visualizing was the same
thing that's off of Immokalee Road, where it almost -- it's
unbelievable. I could not believe it the last time that I drove by
there. And, I mean, I don't know where in the world -- there
certainly is no homesite up front on that. I mean, that's just
they just started digging --
MR. HOOVER: See, on agricultural land it's a whole different
story --
COMMISSIONER BERRY: Right.
MR. HOOVER: -- because if you took your piece of paper, you can
go 25 feet if you put up a fence around the whole thing. And all you
end up with left in an agricultural one is basically maybe a fishing
pond, if you stock it with fish.
COMMISSIONER BERRY: Okay. But these are definitely homesites?
MR. HOOVER: Yes, ma'am.
ACTING CHAIRPERSON CONSTANTINE: Mr. Hoover, would you be willing
to tie the approval of the excavation permit to your application for a
home permit?
MR. HOOVER: Yes, we've got homesites shown on here.
ACTING CHAIRPERSON CONSTANTINE: I'm just saying, would you be
willing to tie the two of those together so that you can -- the
Page 28
June 8, 1999
excavation permit becomes effective at the time you pull a permit to
construct the home?
MR. HOOVER: Well, you want to dig the lake before you construct
the home because you're going to use that for the fill on the
property.
ACTING CHAIRPERSON CONSTANTINE: I understand. And if the two of
those go hand-in-hand, you've got about 18 months from the time you
pull your first permit on the home to actually get that underway, so
that gives you plenty of time to start digging and use that for fill.
MR. CHRZANOWSKI: Commissioner, if you look at your monitor,
you'll see what Bill is talking about. That's his proposed lake in
the back of the lot.
COMMISSIONER CARTER: Do your clients have a problem with that?
MR. HOOVER: I'd say you're catching me by surprise a lot.
ACTING CHAIRPERSON CONSTANTINE: I'll tell you what, we've got
about two minutes --
MR. HOOVER: I don't --
ACTING CHAIRPERSON CONSTANTINE: -- to make up our minds --
MR. HOOVER: I mean, I certainly --
ACTING CHAIRPERSON CONSTANTINE: -- because we're not going to
talk about this all day.
MR. HOOVER: I can certainly guarantee there will be a homesite
at the front of the property, because we've shown it on a site plan.
And I am ready to guarantee that we will have a homesite in front of
the property.
COMMISSIONER BERRY: Okay.
ACTING CHAIRPERSON CONSTANTINE: I don't think homesite was the
question. I think it was actual construction of a home. I mean, it's
a homesite right now, just by the nature of its zoning. So when you
dig a hole and say well, it's still a homesite, that's not
guaranteeing us anything.
I don't mean to be out of line here, but let's agree to this or
not. And we've already had a vote that didn't approve it. So if you
can come up with something new to offer us, great. Otherwise, we're
going to move on.
COMMISSIONER CARTER: I'd also like to see the construction of
the home and I like the idea of putting the trees around the lake. If
they can do all that, fine, I can change and go that direction. But
if you're not willing to do that, come back to us when you're ready.
MR. HOOVER: Okay. So what you're stating is -- can you run it
by one more time? You're saying if we came in for a -- the excavation
as permitted; however, a homesite would have to be -- an actual home
would have to be constructed in 18 months; is that what we're saying?
COMMISSIONER BERRY: No.
COMMISSIONER NORRIS: No, that's not exactly what he said. He
said he wants to --
ACTING CHAIRPERSON CONSTANTINE: The permit should be concurrent.
COMMISSIONER NORRIS: Right.
ACTING CHAIRPERSON CONSTANTINE: And actually, I'm losing
interest in that as I look at the drawing here, because you're pretty
much using up the entire site that you can legally for an excavation.
COMMISSIONER NORRIS: Well, let's do something.
MR. HOOVER: Okay, we --
COMMISSIONER BERRY: You want to continue this for two weeks?
Page 29
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: If a board member wants to.
Otherwise, unless there's a substitute motion, let's move on. And
that substitute motion can be continued, if you want, but --
MR. HOOVER: We can live with what you're saying, where they're
concurrent. It's just that it's going to take six months to dig the
lake. As long as you don't have to start the house within the 18
months, that's fine.
ACTING CHAIRPERSON CONSTANTINE: How big is that lake? It looks
like --
COMMISSIONER BERRY: It's big.
ACTING CHAIRPERSON CONSTANTINE: -- it's two acres out of two and
a half acres.
MR. HOOVER: It's a five-acre parcel.
ACTING CHAIRPERSON CONSTANTINE: I'm not going to support it even
then now. I'm sorry.
MR. HOOVER: Can I ask to continue it for two weeks?
ACTING CHAIRPERSON CONSTANTINE: Sure, you can ask.
Is there a motion from the board?
COMMISSIONER BERRY: I move that we continue all these of these
items for two weeks.
COMMISSIONER CARTER: I'll second that.
ACTING CHAIRPERSON CONSTANTINE: Motion and second. Any
discussion?
All those in favor of that motion, please say aye.
COMMISSIONER BERRY: Aye.
COMMISSIONER CARTER: Aye.
ACTING CHAIRPERSON CONSTANTINE: All those opposed?
COMMISSIONER NORRIS: Aye.
ACTING CHAIRPERSON CONSTANTINE: Aye.
Motion fails, two to two. Unless there's a substitute motion,
these items will be gone.
COMMISSIONER NORRIS: We haven't voted, actually.
ACTING CHAIRPERSON CONSTANTINE: I know. We'll do the other two.
Item #8A6
RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.696 J & D GRADING
AND HAULING EXCAVATION; BOUNDED ON THE NORTH BY VACANT LOT, ON THE
EAST BY VACANT LOT, ON THE SOUTH BY 64TH AVENUE NE R/W AND ON THE WEST
BY CANAL R/W - NO ACTION
Moving right along, 8(A) (6) was 16(A) (12). Is there a motion?
COMMISSIONER NORRIS: Motion to approve.
ACTING CHAIRPERSON CONSTANTINE: Is there a second for the
motion?
Quick question on this. The first one reads a commercial
excavation permit. This one just reads an excavation permit. Is
there any difference or is that just worded differently in the
summary?
MR. CHRZANOWSKI: It's the same type of excavation. It's going
to be hauled off-site.
ACTING CHAIRPERSON CONSTANTINE: There's no second for the
motion. Is there a substitute motion?
If not, the item dies.
Item #8A7
Page 30
June 8, 1999
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.687,
"WHIPPOORWILL WOODS LAND TRUST COMMERCIAL EXCAVATION AND HOMESITE";
BOUNDED ON THE NORTH, EAST, SOUTH AND WEST BY VACANT LAND ZONED
ESTATES AND ALSO ON THE EAST BY DESOTO BOULEVARD AND ON THE NORTH BY
CR 858 AND THE WINCHESTER LAKE FILL PIT - NO ACTION
8(A) (7) which was 16(A) (13).
COMMISSIONER NORRIS: Motion to approve.
ACTING CHAIRPERSON CONSTANTINE: There's a motion.
second?
Seeing none, it falls to the same fate.
Thanks, Bill.
Is there a
Item #8A8
RESOLUTION 99-262 AUTHORIZING A 100% WAIVER OF IMPACT FEES FOR ONE
HOUSE TO BE BUILT BY MICHAEL R. McCARTY AT 4545 16Ta STREET, NE IN
COLLIER COUNTY - ADOPTED
Which takes us to 8(A) (8), which was 16(A) (14) . Authorization of
a waiver of impact fees for a house to be built on 16th Street. Who pulled this item and why?
COMMISSIONER NORRIS: I did. I was looking for the price of the
property, because I believe that these waivers are limited to under
$106,000.
ACTING CHAIRPERSON CONSTANTINE: Mr. McNees?
MR. McNEES: I'm sorry, I'm having trouble hearing your question
with all the rattling behind me. Could you perhaps ask again?
COMMISSIONER NORRIS: I looked through -- maybe I just missed it.
I looked through here to see what the value of the property with the
house is going to be, because I thought that these waivers were
limited to property under $106,000.
MR. McNEES: Mr. Mihalic's out of the room. Perhaps I can get
that answer for you quickly and we can come back to this item, because
I can't answer it.
COMMISSIONER BERRY: What number is that?
COMMISSIONER NORRIS: 16(A) (14) .
ACTING CHAIRPERSON CONSTANTINE: Commissioner Norris, does it
appear to you that this may be in excess of the amount allowed?
COMMISSIONER NORRIS: Well, I really don't have any way of
knowing. I don't even know where 4545 16th Street is. It doesn't
help me just to say that. The map really doesn't tell me.
ACTING CHAIRPERSON CONSTANTINE: Do we anticipate a timely return
from Mr. Mihalic?
MR. McNEES: I'll get that answer for you right away.
Page 31
RESOLUTION NO. 99-262
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF LIBRARY SYSTEM
IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES,
ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES
AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE
TO BE CONSTRUCTED BY MICHAEL R. MCCARTY AT 4545 16TM STREET,
N.E., COLLIER COUNTY, FLORIDA.
WlIEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, Iow, 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. l;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy !.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
Parmership 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 Partnership [SHIP] Program for waivers
of Collier County impact fees; and
WItEREAS, Michael R. McCarty is seeking a waiver of impact fees; and
WIIEREAS, Michael R. McCarty will construct a three (3) bedroom unit (the "Dwelling
Unit") at 4545 16th Street, N.E. in Collier County, Florida; and
WItEREAS, the Dwelling Unit will be owned by a very low income household, and
WItEREAS, Michael R. McCarty submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated May l, 1999 for a waiver of
impact fees for the construction of a house at 4545 16th Street, N.E., Collier County, Florida, a copy
of said application is on file in the Housing and Urban Improvement Department; and
WIIEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 99-39; 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 Facilities System Impact Fee
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by
qualifying for a waiver; and
WHEREAS, Michael R. McCarty has qualified for an impact fee waiver based upon the
following representations made by Michael R. MeCarty:
-1-
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 very 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 Appondices 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 fifteen (15) years from the date the
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for waiver of impact fees to Michael R. McCarty for one (1)
house which shall be constructed at 4545 16th Street, N.E. in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
waiver signed by Michael R. McCarty, 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 4545
16th Street, N.E., Collier County, Florida by Michael R. McCarty:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fee: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
1.778.00
Total Impact Fees
$ 4,172.36
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.
Based upon sufficient evidence provided by Owner, Owner has demonstrated that a
subordination of the County's rights, interests and lien to that certain mortgage loan
from Allied Mortgage Capital Corporation to Owner in the amount of $86,088 is
necessary to obtain financing to purchase the Dwelling Unit.
-2-
This Resolution adopted after motion, second and majority vote favoring same.
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF CO~~JSSIONERS
COLLIER C~0'NTY, FLORIDA
P~ s. ~AC~g,
jd/f/reso/mccarty
-3-
EXHIBIT "A"
LEGAL DESCRIPTION
MICHAEL IL MCCARTY RESIDENCE
THE NORTH 75 FEET OF THE NORTH 150 FEET OF TRACT
7, GOLDEN GATE ESTATES, UNIT NO. 60, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7,
PAGE 62 IN THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
-4-
CITY ./f¢~//")//~, ,,~
STRAP NUMBER
~3CALE: . 1" = 30'
LIVING AREA 1.159._ SQ FT
TANK SIZE 900 (~ALLONS
DRAINFIELD SIZE _ 4.68 SO FT
fl)
G ZG/**qc;t~
II:pT 666~/zg/gg
!Rd6[ :~ :661Z Ig :pi
,,tn:. 2489356 OR: 2557 PG: 0372
CCI~]~ ?O ?]t! BeAIrDR~¢O£D~D in the OPFICIAL R~CORD~ of COLLIER COUNTY, ~L COPIES ?,00
~XT 7240
AG~E~NT FOR ~~R OF 100% OF COLLIER CO~ I~PACT FEES
~s A~eement for ~e ~v~ of ~pac~ Fees ~tered ~to ~s ~ day
1999 by ~d be~e~ ~e Bo~d of Co~ Co~issione~ of Collier
Co~, Flo~da, hereina~er refe~ed to ~ "CO~TY" ~d Michael R. McCa, hereina~er
~ITNHSSETH:
~~AS, Collier Co~ Ordin~ce No. 88-97, as ~ended, ~e Collier
Lib~ System ~pact Fee Or~n~ce; Collier Co~ Ordin~ce No. 99-J9~ ~e Collier Co~
P~ ~d Recrea~onal Paci]ities ~pac~ Fee ~~ce; Collier Co~ Ordin~ce No. 91-71,
~ended, ~e Colli~ Co~ Emergency Medic~ Se~ices System ~pact Pee Ordin~ce;
Collier Co~ Ordin~ce No, 92-22, ~ ~ended, ~e Collier Co~ Road ~pact Nee
Ordin~ce; Collier Co~ Or~n~ce No. 92-33, ~ ~ended, the Collier Co~ Educational
Pacilities System ~pact Pee ~din~ce; ~ they may be ~er ~ended ~om time to time
here~a~er co]]~ively refe~ed to ~ "~pact Pee Ordin~ce", provide for w~ve~ of impact fees
for new owner-~cupied dwelling ~ts quali~ng ~ ~fordab]e housing; ~d
~~S, O~R has applied for a w~ver of impact fees ~ required by ~e Impac~
Fee Order, a copy of s~d application is on ~le in the office of Housing ~d Urb~
~provem~ ~~ent; ~d
~~S, ~e Co~ A~nis~ator or his desi~ee h~ renewed the
application ~ ~ fo~d ~at it ~mplies with ~e ~quir~ents for ~ affordable housin~
w~v~ ofi~ ~ees ~ established ~n ~e ~pact Pee Or~n~ce; ~d
~~S, the impact fee w~ver shall be presented in lieu of pa~em of the requisite
impact fees subject to sa~sfaction of all c~te~a in ~he Impac~ Pee ~din~ce qua]i~ing the
project ~ eligible ~or ~ impact fee waiver ~d
~~AS~ ~e CO~Y approved a w~ver of impac~ fees for O~HR embodied in
~ution No. 99-~ at its re~]~ meeting of ~~ ,1999; ~d
~H~AS, ~he Impact Fee Ordin~ce requires that ~e O~HR ~ter into
A~eement with ~e
OR: 2557 PG: 0373
JUN - 8
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 very Iow 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;
c. 'l'he 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 $4,172.36 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OR: 2557 PG: 0374
JUN - 8 1999
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 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 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. Based upon sufficient evidence provided by OWNER, OWNER has
demonstrated that a subordination of the COUNTY'S fights, interests and lien is
necessary to obtain financing to purchase the Dwelling Unit. The COUNTY and
OWNER agree that all of the COUNTY'S fights, interests and lien arising under this
Agreement shall be made junior, inferior and subordinate to that certain mortgage
loan fi:om Allied Mortgage Capital Corporation to OWNER in the mount of
$86,088.
/t. 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, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the termination of the
lien, krmluding, 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 represematives, successors and
OR: 2557 PG: 0375
$8# - 8
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 until said impact fees are paid
in full or until the conditions set forth in the/mpact Fee Ordinance are satisfied. In
addition, this Agreement shall mn 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 shall be
paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that
the impact fees waived shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid. 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
panity with the lien of any such County taxes. Should the OWNER be in default of
this Agreement, and the default is not cured within thirty (30) days after written
notice to OWNER, the Board may bring civil action to enforce this Agreement. In
addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action
or suit in equity as for the foreclosure of a mortgage on real property. This remedy is
4
OR: 2557 PG: 0376
JUN - 8 1999'
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 enforcing this
Agreement, plus interest at the statutory rate for judgments calculated on a calendar
day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of
Impact Fees on the date and year first above written.
Witnesses: (2)
Print Name ~_,r,,,,,.. ~ ;$
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER: /
Michael R. McCarty
The foregoing instrument was acknowledged before me this /,.~ day of
1999, by Michael R. McCarty. He is personally known to me ... t,
(typz of .... ' -"---' -- :~-'*;~'--'"--
' [N6TARIAL.:SEAL]
DATED:
to
BOARD OF CO~.~--C.~ISSIONERS
COLLIER ~7, FLORIDA
By: //"~"~_ ~,
legal/sufficieney~ . -.' signature 0nl$.
~.~,
ltteidi~F}~A~htofi
Assistant County Attorney
j cl/c/agreementJmccarty
5
OR: 2557 PG: 0377
JUN - 8 1999
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH 75 FEET OF THE NORTH 150 FEET OF TRACT 7, GOLDEN
GATE ESTATES, UNIT NO. 60, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 7, PAGE 62 IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLOR/DA.
6
*** OR: 2557 PG: 0378 ***
_.C. REAT, I,,VE, HOMES OF SW FLOR. IDA
NORTH
ARROW
UNIT'/~ LOTL~ BLOCi< ~/~ TRAC3._~'~ ~ LIVING AR~
' TANK SIZE .... 90q GALLONS m
STRAP NUMBER DRAINFIELD SIZE , 468 SO ~ O-
0
S~'~OH 3AI±~3ED
gIgLC;g¢' II:l~I 6GGI/LO/§i2
June 8, 1999
Item #8D1
APPROVAL OF THE COLLIER COUNTY GROUP BENEFIT PLAN HEALTH INSURANCE
PLAN DOCUMENT - APPROVED W/ CONDITION CHANGING THE TIME FOR SUBMITTING
CLAIMS FROM 90 DAYS TO 6 MONTHS
ACTING CHAIRPERSON CONSTANTINE: Let's put the item on hold and
go to what was 16(D) (1) is now 8(D) (1), county group benefit plan
health insurance.
COMMISSIONER CARTER: Yes. I just have, Mr. Chairman, one
question on that. They want to change the time to put in a claim from
a year down to 90 days. I think that's a little severe. I'm
suggesting that people only have up to six months to get their claims
in. Because sometimes the medical community and everything and the
way the system works, you could get caught short. So my request is
that we go to six months versus 90 days.
ACTING CHAIRPERSON CONSTANTINE: Piggybacking that question, why
change at all?
MR. WALKER: For the record, Jeff Walker, risk management
director.
We've run into a couple of problems with the current provision.
Essentially, if -- our plan year runs on a calendar year basis. If
you incurred a claim on 12-31-99, you would have until 12-31 of 2000
to turn it in. So essentially what that means is the books are left
open for quite a long period of time. And what we want to do is
reduce that time so that we can actually close the books out on that
plan year, or expedite that process.
The other problem that we've run into is that when we change
claims administrators, and that has happened, we -- their contracts
typically say that they will pay claims for three months after the end
of their contract. The new claims administrators typically don't want
to pick up those old claims, and so we end up paying through the nose
to get those claims administered.
As a matter of fact, with one claims administrator, we paid an
additional $60,000 to have that runoff taken care of. And even then
we ended up administering claims in-house for a period of time because
the old claims administrator wants off the contract, they want to be
done with it. So that's the other side to it.
ACTING CHAIRPERSON CONSTANTINE: How strong would your objection
be to Commissioner Carter's suggestion?
MR. WALKER: I don't have a strong objection to that. I do think
that the second issue we talked about in terms of contractual issues
with the third-party administrators could be an issue with that
provision. But even with that suggestion, I think that's -- that's
certainly an improvement. Because we certainly need to have a time
when we cut it off and we say this is a reasonable amount of time to
get your claim in. So I don't have a problem with that.
ACTING CHAIRPERSON CONSTANTINE: Any other questions from the
board?
COMMISSIONER NORRIS: No.
ACTING CHAIRPERSON CONSTANTINE: You want to make a motion,
Commissioner Carter?
COMMISSIONER CARTER: I move that we change the provision from 90
days -- what did you have, 90 days?
MR. WALKER: 90 days.
Page 32
June 8, 1999
COMMISSIONER CARTER: 90 days to six months to allow people to
get their claims in after whatever the occurrence is.
ACTING CHAIRPERSON CONSTANTINE: Is there a second for that?
COMMISSIONER NORRIS: I'll second.
COMMISSIONER BERRY: Second.
ACTING CHAIRPERSON CONSTANTINE: Do we have any public speakers
on this item?
MR. McNEES: No, sir.
ACTING CHAIRPERSON CONSTANTINE: We have a motion and a pair of
seconds. All in those in favor of the motion, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
Mr. Mihalic is back in the room, I understand.
MR. McNEES: No, he has actually left the room again. He knew
the value, but he's gone to find the exact location of this house for
you.
Item #8C1
APPROVAL OF THE CONCEPTUAL DESIGN FOR A PARK LOCATED AT BLUEBILL
AVENUE AND VANDERBILT DRIVE - STAFF RECOMMENDATION APPROVED
ACTING CHAIRPERSON CONSTANTINE: 8(C) (1), approval of conceptual
design for a park located at Bluebill Ave. and Vanderbilt Drive.
COMMISSIONER NORRIS: Actually, the value was the critical point
on that.
ACTING CHAIRPERSON CONSTANTINE: Do you have any objection to
this?
COMMISSIONER CARTER: No. This is -- everyone can take a look at
this. I know Tom can make a nice presentation to us on this part. But
we have met with all the neighborhood groups on several occasions, and
I think from all the public input and everybody's desires, we have
come up with a very workable park plan, and would like to see this
move forward.
ACTING CHAIRPERSON CONSTANTINE: You want to put that in the form
of a motion?
COMMISSIONER CARTER: I move that we accept staff's
recommendation on the Bluebill Park.
COMMISSIONER BERRY: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. We do have
one speaker on this?
MR. McNEES: You have Dick Lydon registered to speak.
ACTING CHAIRPERSON CONSTANTINE: Dick, you want to talk us out of
this?
MR. LYDON: Nay, nay. I just wish to make one comment. The
Vanderbilt Beach Property Owners' Association --
ACTING CHAIRPERSON CONSTANTINE: If you could introduce yourself.
MR. LYDON: I'm sorry. I'm Dick Lydon, Vanderbilt Beach Property
Owners' Association president.
I just wanted to confirm the fact that we have signed off on the
deeds restriction with some minor adjustments to Sandy Taylor's
letter. And we're going to be delighted.
The one question that still remains is funding, which will come
at another time. Thank you very much.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Page 33
June 8, 1999
No other speakers, we have a motion and a second.
discussion?
Tom.
Any
Seeing none, all those in favor of the motion, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0. Thank you,
MR. McNEES: Commissioner, we have retrieved Mr. Mihalic, and he
is here now to answer your questions.
MR. MIHALIC: I apologize, Commissioner.
ACTING CHAIRPERSON CONSTANTINE: No problem.
MR. MIHALIC: I thought I heard that something was pulled off and
then I thought it was a rock excavating issue, and I knew it wasn't
mine. Excuse me.
Good morning, Commissioners. For the record, I'm Greg Mihalic.
COMMISSIONER NORRIS: I was just -- I couldn't find in there, and
maybe it's there and I just missed it, the value of the property and
the house combined.
MR. MIHALIC: Yes. The value, Commissioner is $84,400 and that's
from our records.
COMMISSIONER NORRIS: Does that include the lot?
MR. MIHALIC: Yes, that includes the lot and the lot contract.
Yes. Although it could be as high as -- people have said that was an
issue about the house, it could be as high as $106,000 for new
construction or 118 for existing construction and still qualify under
our programs.
COMMISSIONER NORRIS: Okay. Well, because the value wasn't
there, I wasn't sure. It just seemed to me that would be a pretty low
price for something out in the estates. But if you're saying it's 84
total, then that's what we'll go with.
MR. MIHALIC: Yes. But however, Commissioner, if someone owns a
lot, let's say they owned the lot in the family and there's no imputed
value for that lot, it would seem the same way in your documents. If
you would see an $84,400 package, although there is a lot contract on
this one. So this is a purchased lot also.
But I mean, it's a lot that's owned by the person, it's owned for
awhile, they're going to build a house on it, you normally would only
see the price of that construction.
COMMISSIONER NORRIS: Could you make sure that those values show
up for us in the future?
MR. MIHALIC: Yes.
COMMISSIONER NORRIS: And I'll go ahead and make a motion that we
approve this.
COMMISSIONER CARTER: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
discussion?
Seeing none, all those in favor, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
MR. MIHALIC: Thank you.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Item #10A
Page 34
June 8, 1999
RESOLUTION 99-263 RE-APPOINTING WILLIAM SEABURY; AND APPOINTING ROBERT
JONES AND ANDREW REISS TO THE FOREST LAKES ROADWAY & DRAINAGE ADVISORY
COMMITTEE - ADOPTED
Takes us to Item 10(A), which is appointment of members to Forest
Lakes Roadway and Drainage. There are three members and three
openings.
COMMISSIONER CARTER: I move we accept the recommendations of the
committee.
COMMISSIONER BERRY: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. All those
in favor of the motion, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
Page 35
RESOLUTION NO. 99-263
JUN - B
1999
A RESOLUTION APPOINTING AND
REAPPOINTING MEMBERS TO THE FOREST LAKES
ROADWAY AND DRAINAGE ADVISORY COMMITTEE
WHEREAS, on March 10, 1992, the Board of County Commissioners of Collier County
adopted Ordinance No. 92-16 which created the Forest Lakes Roadway and Drainage Advisory
Committee for the purpose of assisting the Board in providing and maintaining improved
roadway related drainage and roadway restoration as set forth in County Ordinance No. 91-107;
and
WHEREAS, there are currently three (3) vacancies on the Forest Lakes Roadway and
Drainage Advisory Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, a memorandum was received from staff advising that the Committee has made
its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. William L. Seabury, is hereby reappointed to the Forest Lakes Roadway and Drainage
Advisory Committee for a four year term, said term to eXPire on April 21, 2003.
2. Robert H. Jones is hereby appointed to the Forest Lakes Roadway and Drainage
Advisory Committee to fulfill the remainder of the vacant term, said term to expire on April 21,
2002.
3. Andrew H. Reiss is hereby appointed to the Forest Lakes Roadway and Drainage
Advisory Committee for a four year term, said term to expire on April 21, 2003.
This Resolution adopted after motion, second and majority vote.
DATED: June 8, 1999
ATTEST:
DWIG~T,,,F_,,~ BR, OCK, Clerk
,,. i .7,.'..:~,'
Appwved~ 'to'tom ~a
legal sufficiency:'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:.p ~~~.~~ ~,..~~ ' ...... ·
David C. Weigel'
County Attorney
DCW/kn/advisory board
June 8, 1999
Item #10B
RESOLUTION 99-264 APPOINTING VICKI A. CLAVELO TO THE GOLDEN GATE
COM~JNITY CENTER ADVISORY COMMITTEE - ADOPTED
Item No. 10(B), appointment of members ~o the Golden Gate
Community Center Advisory Board. There's one opening and one
applicant.
COMMISSIONER BERRY: I move committee recommendation.
COMMISSIONER NORRIS: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
objections?
(No response.)
ACTING CHAIRPERSON CONSTANTINE:
unanimously.
Seeing none, motion carries
Page 36
RESOLUTION NO. 99-264
J UN - 8 999
A RESOLUTION APPOINTING VICKI A. CLAVELO TO THE
GOLDEN GATE COMMUNITY CENTER ADVISORY COMMIT'lEE.
WHEREAS, Collier County Ordinance No. 75-4 created the Golden Gate Municipal Services
Special Taxing District and provides that the Board of County Commissioners shall appoint three
to five electors residing within the District to serve on the Committee; and
WHEREAS, there is currently a vacancy on this Committee; 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 Vicki A. Clevelo is hereby
appointed to the Golden Gate Community Center Advisory Committee to fulfill the remainder of
the vacant term, said term to expire on December 31, 1999.
This Resolution adopted after motion, second and majority vote.
DATED: June 8, 1999
ATTEST-..
DWIGHT E. BROC~K, Clerk
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER ~A
P~LA S. MAC~, Ch~"'rwoman
David C. Weigel
County Attorney
DCW/kn
June 8, 1999
Item #10C
AGREEMENT FOR SALE ~ PURCHASE - PROPOSED GOLDEN GATE COM~%~NITY
CENTER EXPANSION (COMMISSIONER CONSTANTINE) - APPROVED
We'll do one more item before the morning break and that is, you
may recall we had the discussion a few weeks ago about the property
directly adjacent to the Golden Gate Community Center. I'll give you
a brief update. And we have an amount we'd like to offer Avatar.
They had actually talked about selling this and had it up publicly for
1.3 million.
Initially we'd done an in-house look at that and come up with a
number less than half of that. As it turns out, our real property
folks did a deed restriction search and found it has very limited use.
It can only be used for some sort of public facility, which then
turns the value down dramatically.
They've come up with a number of 397,500 as what appears to be
the real value, and we would like to offer that to Avatar to pick up
that seven and a half acre piece, obviously for public use.
COMMISSIONER NORRIS: And that's funded out of the Golden Gate
Community Center?
ACTING CHAIRPERSON CONSTANTINE: That's actually funded out of
regional park impact fees. What will actually be all park impact fees
when we load all of those into one fund.
COMMISSIONER NORRIS: The omnibus impact fee?
ACTING CHAIRPERSON CONSTANTINE: That is correct. And I just
wanted to get permission from the board for us to go ahead and submit
that letter to Avatar.
COMMISSIONER NORRIS: So moved.
COMMISSIONER BERRY: Second.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
further discussion?
Anybody in the public?
MR. McNEES: No speakers.
ACTING CHAIRPERSON CONSTANTINE: Any objection?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Seeing none, the motion carries
unanimously.
With that, we will take about a 10-minute break and we'll come
back and do public comment on general topics and perhaps even have the
item regarding our friends in Tallahassee before we move on to the
afternoon agenda.
Commissioner Norris, before we break?
COMMISSIONER NORRIS: I have 16(D) (1) moved to 8(D) (1). Do you
have that one?
ACTING CHAIRPERSON CONSTANTINE: We did do that. The county
group benefit plan.
COMMISSIONER NORRIS: Oh, that's -- okay.
ACTING CHAIRPERSON CONSTANTINE: With that, we'll take about a
10-minute break. We'll see you on the quarter of the hour.
(Recess.)
Page 37
JUN - 8 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
Item #11B1
PUBLIC COHMENT = NANCY PAYTON RE EAC
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Hi. We're back. Mr. McNees, I
assume we haven't heard anything from Tallahassee yet?
MR. McNEES: That's correct. We expect to speak to them at
11:00.
ACTING CHAIRPERSON CONSTANTINE: Why don't we go ahead and do
public comment on general topics. I understand we have four speakers?
MR. McNEES: We do -- we have five actually now. The first would
be Nancy Payton, followed by Jim Cusick.
ACTING CHAIRPERSON CONSTANTINE: Again, just to keep it moving,
whoever's name is called second, if you could just come up by the
doorway so that as the first speaker is done, you can move right to
the podium.
Ms. Payton?
MS. PAYTON: Good morning. My name is Nancy Payton, and I'm
representing the Florida Wildlife Federation.
On April 22nd, we submitted a letter to County Attorney Dave
Weigel regarding possible conflicts of interest on the newly appointed
Environmental Advisory Committee. We haven't received a response to
that letter yet, but we have obtained a copy of a memorandum that was
issued from the County Attorney's Office regarding conflicts of
certain members on the Environmental Advisory Committee.
And I'm before you today to ask that you explore that. And it's
in our opinion that those individuals who serve on that committee who
have conflicts, you should request their resignation, and if they're
not submitted in a reasonable time, that they should have their
appointment rescinded.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
MS. PAYTON: You're welcome.
Item #11B2, 3, & 4
PUBLIC COMMENT - JIM CUSICK, PATRICK PHILBIN, AND ELIZABETH SUROWITCH
RE CLOSURE OF KINGS WAY IN FOXFIRE
ACTING CHAIRPERSON CONSTANTINE: Our second speaker?
MR. McNEES: Mr. Cusick will be followed by Mr. Patrick Philbin.
ACTING CHAIRPERSON CONSTANTINE: Thank you. Mr. Philbin, if you
could hit the on-deck circle for us. Thanks.
MR. CUSICK: Good morning. My name is Jim Cusick. I'm a
full-time voting resident of Collier County. I'm currently president
of the Windsor Place Condo Association in East Naples. We're in a
subdivision within the Berkshire Lakes. I'm on the advisory board to
the mother association. I represent a lot of people.
This is not a formal presentation. I'm Speaking basically for
myself. But I've talked to a lot of people since early May.
The overwhelming majority are very profoundly against the Gateway
situation, gating Kings Way in Foxfire. It cuts off the only last
remaining way to go from Radio Road to Davis Boulevard, if you're all
familiar with it.
The last thing I want to say is, in my former life up north, I
was president and CEO of a public corporation. And let me tell you,
Honorable Commissioners, if the overwhelming majority of our
Page 38
June 8, 1999
stockholders said to me, "Cusick, you made a bad decision, please do
something about it, it could be hazardous to your corporate health," I
would certainly listen to them very carefully. I think I'd reverse
the bad decision. Thank you very much.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
(Applause.)
MR. McNEES: Mr. Philbin will be followed by Helen Philbin.
MR. PHILBIN: Commissioners, good morning. My name is Patrick T.
Philbin. I am the coordinator for the residents of more than 25
community associations who have gathered over 5,000 signatures on
petitions in the hope that you would hear our arguments in keeping
Kings Way open for public access.
I come here today saddened and disappointed that these 5,000
residents were not given the opportunity. Whether the outcome would
have been the same is conjecture. But the fact remains that the
opportunity was denied approximately six percent of the residents
presently residing in Collier County.
I believe in any similar county of the United States, when such a
mandate is received any elected body would allow their electorate the
opportunity to at least speak and be heard and to ask the question of
why. Against the advice of the county planning staff and two prior
denials of a similar petition, such a recommendation was made.
On June 1st, when we displayed 4,282 signed petitions to
Commissioner Mac'Kie, she made two remarks which I think were most
fortuitous. She stated that she had arrived at her decision because
all the surrounding associations wanted the road closed. She then
inquired how she could validate our signatures. Then an individual
asked her who validated Foxfire's petitions? With this question in
mind, we thereafter attempted to ascertain whether the correspondence
relied on by the commission could also be validated.
This is what we found: Seven letters of support for closure were
submitted by the applicant to the commission. Glades, Glen
Eagle/Embassy Wood, Moon Lake, Falling Waters, Lakewood Community
Services, Kings Lake, and Countryside. Five of the letters are not
written on letterhead, and only one is dated. One bears a signature
of a property manager. All letters are exactly the same, word for
word, which in the business is known as a boilerplate letter.
We then attempted to determine if the representations made to the
commission to close Kings Way were done with the consent of the
memberships. We now have ascertained that this may not be the case.
By communication with Carol Fries, president of the Lakewood Community
Services, with a total of 977 households, she stated that a letter was
faxed to Commissioner Mac'Kie dated June 2nd, 1999, in which she
stated that in their poll of their 14 community associations, and I
quote, there wasn't a single vote of support for closure.
The letter from Kings Lake supporting such closure seemed to go
in opposition to all the residents we had spoken to and who had signed
our petition. Residents of several associations at Kings Lake said
they were unaware of why a letter was submitted on their behalf.
A Kings Lake resident, who has looked at the agenda and minutes
of the master association, could find no reference to this matter in
any current meeting. Further, such letter was not on a letterhead of
Kings Lake, nor was it dated. And coincidentally, it was again the
same boilerplate letter word for word submitted by the five other
associations.
Page 39
June 8, 1999
The letter from Moon Lake was signed by the property manager but
there is no indication that the person signing had the authority to
sign, since it was again on the same boilerplate letter with no
letterhead and no date. Besides, we have been advised by Moon Lake
residents that they are under the impression they will receive gate
clickers from Foxfire so they may continue to use the Radio Road
entrance.
Now to the remaining four letters from Countryside, Glades, Glen
Eagle and Falling Waters wherein they indicated their approval of the
closing. Two letters again, Glen Eagle and Falling Waters, are on
boilerplate and not on letterhead. Falling Waters' letter is undated.
Countryside and Glen Eagle are already gated communities, with
entrances on both Davis Boulevard and Radio Road. And the closing of
Kings Way would have absolutely no effect on their residents, other
than the negative one of subjecting them to increased traffic and
delays once they exit their gaited communities.
We now believe that a possible misrepresentation may have been
perpetrated on this board where you were led to believe that all the
community associations were for such closing. It appears such is not
the case.
Further, the 5,000 Collier County signatures also refute this
conclusion. We have also reason to believe that the associations who
have submitted the statements relied on by the commission may have
acted in a disingenuous manner and do not reflect the opinion of the
majority of their residents.
May I continue? I have one more minute.
ACTING CHAIRPERSON CONSTANTINE: Sure, as long as you can wrap it
up.
MR. PHILBIN: Today I leave here somewhat lessened in my respect
for this commission, who would not allow us .to present our case but
who relied on representations unsupported by fact and against the
weight of public opinion.
I believe that before a decision was made on such a vital issue,
it would have been incumbent on the commission to review all the
relevant documentation and determine whether procedural requirements
were met and whether the substantive evidence was sufficient to
warrant such commission action. I believe you have failed on both
counts.
Other avenues were available to you. You choose not to listen or
believe they existed, or for that matter cared that they existed.
In closing, I paraphrase a famous poetic line revered by many and
used as a clarion by others. We shall not go silently into this last
good night.
(Applause.)
MR. McNEES: Mrs. Philbin will be followed by Elizabeth
Surowitch.
MS. PHILBIN: I will waive my time.
ACTING CHAIRPERSON CONSTANTINE: I'm sorry, would you say that
one more time, Mr. McNees?
MR. McNEES: Mrs. Philbin --
MS. PHILBIN: I'm waiving my --
MR. McNEES: -- is waiving. Your last speaker would be Elizabeth
Surowitch.
MS. SUROWITCH: Good morning. I'm standing here to remind you
that you are elected to represent the people of Collier County.
Page 40
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Just for the record, can you
state your name?
MS. SUROWITCH: Elizabeth Surowitch.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
MS. SUROWITCH: I'm here to remind you that you are elected to
represent the people of Collier County. All of the people, not a
select few. I'm here also to let the people of Collier County know
that you are not being responsible for their welfare and their needs
regarding the closure of Kings Way. And more importantly, to ask why.
Why was no attempt made to compromise on this issue? The 131
homeowners directly affected by living on Kings Way, about 951 in the
development, are few in number compared to the number of people in the
county. Certainly, less than the number of people that signed the
petitions which were gathered in a few short days, and easily, we
could have gotten many more signatures.
At a time when county roads are clogged with traffic, road
closure does not seem to be the logical solution. Your own staff has
told you so. By closing Kings Way you have told the people along
Radio Road and surrounding areas that you don't care that the fire
rescue will take longer to get to their homes and businesses.
And what do you tell the residents of Coconut Creek which will
now have more traffic? Kings Way had a sidewalk. The families with
children in Coconut Creek have no sidewalks. What will it cost the
county to put the sidewalks in that area?
And what do you tell the people in Flamingo Estates which will
now have more traffic, traffic which will go past East Naples Middle
School? How do you tell them that 131 homeowners are more important
than their children's welfare?
Finally, the question of why. Why were there no compromises or
alternative solutions sought? Possibly a slower speed limit, more
speed bumps or a road closure for two hours in the morning and two
hours in the evening. Or perhaps making the sidewalks along Kings Way
larger to accommodate the golf carts and the pedestrians.
Mr. Norris, you said that the power line area, the FP&L easement,
would be a possible thruway. I suggested to you to leave Kings Way
open until such a road was completed. You said no. And when I asked
why not your response was, and I quote, "Because we're not going to do
that." Is that the proper answer to the people of Collier County? The
art of government is compromise. Good government listens to the
people. All the people.
Commissioner Constantine, you never returned my call. I'm in
your district and I'm here to tell you and to tell all of you
commissioners that you have not acted for the greater good of Collier
County and that we, the people, will not forget. Thank you.
(Applause.)
ACTING CHAIRPERSON CONSTANTINE: That concludes our public
comment on general topics.
I just need to respond to a couple of parts of that before we
move on. Perhaps most important, the last speaker mentioned fire and
rescue will now take longer. That's actually not accurate. With the
removal of the speed bumps and a program that's been agreed to, I'm
told by Chief Shank they will actually have an increased response
time. They will still have access. We're not going to have response,
I'm just clarifying the point.
As far as, you know, what we're doing and trying to do for the
community at large, the toughest part of our job is handling growth
Page 41
June 8, 1999
and growth-related issues. And the most important thing we can do as
part of that is protect the integrity of existing neighborhoods. And
as we look at Livingston Road opening up, that has the potential to
bring 17,000 cars a day through a neighborhood. And that if we allow
that, is not taking care of the people who are already here. And that
is perhaps the most important thing we do, is taking care of those of
us who already live here and then growth secondly.
Now, you raised the point of Coconut and Flamingo, which are
valid points. We owe the exact same protection to those areas. I met
with the homeowners this weekend on that, and we've taken the first
step towards some of the things you've talked about. That being
sidewalks, and doing some traffic calming through there and so on.
Because it's not fair to take a burden from one area to another.
I know Commissioner Norris has talked about it and I've put in
calls to FP&L president to talk about that alternative as well. So
we're dealing with that.
Two final thoughts, and that is, a couple of issues that have
been circulated with regard to this that are just completely
inaccurate and do a disservice to the public are that Collier County
gave away right-of-way between Radio and Davis. Collier County never
owned any right-of-way between those two. There was nothing to give
away, because we never owned it.
In the Eighties, Livingston Road showed as connecting between
there in the future. But by 1992, that was being removed from county
maps. They had put -- with Timber Lake going up and some others,
unless we destroyed existing homes, there was nowhere left to put that
through.
So a board, prior to when any of us five were on the board,
started removing that from the various county maps in 1992. It wasn't
until 1994 or '95 -- I think it was 1995 by the time it actually made
it to this board -- that approval for golf course property went
through, where the additional nine holes is at Foxfire. It was
literally five different people than the three years before who had
voted to take that off -- take that Radio to Davis connection off. So
there was no trade.
There's been a rumor circulated, it was even printed in the
newspaper, that oh, they gave away that right-of-way to allow a golf
course in there. It was actually zoned for a multi-family at the
time. But what they did was five commissioners in '92 removed that
segment. Five different individuals in late '94, early '95 voted to
transfer that from multi-family to a golf course use. It's actually a
less intense use than what would have been there. But there was no
trade-off of getting rid of a road for a golf course. That was
absurd.
I just wanted to clear those up because several things that have
been circulated on that just are inaccurate.
With that, we'll move to the afternoon agenda --
COMMISSIONER CARTER: I would --
ACTING CHAIRPERSON CONSTANTINE: I'm sorry, go ahead.
COMMISSIONER CARTER: I would like to make a couple of comments
on this.
You know, this decision was not taken lightly by this Board of
County Commissioners. I for one spent a lot of time reviewing this
issue and studying this issue. There was a comment that because it
wasn't my district that I didn't care. That's not the case. I care
Page 42
June 8, 1999
about all the citizens in Collier County, and I care about all the
issues. It was a very difficult decision to make. I did it.
When I think of all of the items that were related by
Commissioner Constantine -- I listened to him on the dais, I saw the
things that had been circulated, and I truly believe that we gave it a
tremendous amount of consideration.
You may not agree with what we did and you have a perfect right
not to agree with what we do, but we do this after a lot of thought
and a lot of consideration, and we think we made the right call. And
we were unanimous in standing behind this decision. And I compliment
my colleagues to the fact that what we went through, we think we did
what was right and we did not waiver. You may not like what we did,
you may choose to replace us with others in the future, but we did --
(Applause.)
COMMISSIONER CARTER: We did what we thought was right. And you
can applaud that, but I can put 100 people in the room that would
applaud the other side.
UNIDENTIFIED SPEAKER: Well, they're not here.
COMMISSIONER CARTER: So we did not -- you can yell at me all you
want, sir.
ACTING CHAIRPERSON CONSTANTINE: Well, no, you can't. If there's
going to be yelling, that's why we have a bailiff here, to escort you
out. That's not what --
COMMISSIONER CARTER: But what I'm trying to communicate is we
didn't take it lightly, and we did what we thought was right.
Now, when you look at the -- at the day's end, when you look at
all of the decisions the commission makes over four years, I would
suggest you take a hard look collectively what people do sitting on
this dais versus getting all bent out of shape on one issue. Because
maybe it inconveniences people and maybe you have to do things
differently. And we try. We really try to look at the best interest
of what we're trying to do here for Collier County.
So I would say no matter what district it's ever in, I will
always look at the issue and give it my best shot. But I also will
honor my colleagues by not recalling something from a district where
the commissioner or the commissioners abutting that district feel very
strongly that we are doing the right thing. Thank you.
Item
ORDINANCE 99-42 RE PUD-99-03, ROBERT L. DUANE, AICP, OF HOLE, MONTES &
ASSOCIATES, INC., REPRESENTING NAPLES RESERVE GOLF CLUB, INC.,
REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS NAPLES RESERVE GOLF CLUB FOR A MAXIMUM OF
552 RESIDENTIAL DWELLING UNITS AND TWO 18 HOLE GOLF COURSES FOR
PROPERTY LOCATED ONE MILE NORTH OF U.S. 41 AND TWO MILES EAST OF C.R.
951! CONSISTING OF 688+ ACRES - APPROVED
ACTING CHAIRPERSON CONSTANTINE: With that, we'll go to item
12(B) (1), which was 17(B). I believe that's the Naples Reserve item.
COMMISSIONER NORRIS: Mr. Chair, I don't particularly need a full
presentation on this, if it was pulled off because of some public
speaker wanted to speak on it. Other than that, I've already reviewed
it.
ACTING CHAIRPERSON CONSTANTINE: Mr. Nino, maybe you can give us
a 60-second version of what this is so the public watching on
Page 43
June 8, 1999
television knows. And then we'll allow the person from the public who
had objected to have their say and see where we go from there.
Did we have disclosure on this item?
COMMISSIONER BERRY: I met with the petitioner.
COMMISSIONER NORRIS: I met with the petitioner. I've had
contact.
ACTING CHAIRPERSON CONSTANTINE: As have I.
COMMISSIONER CARTER: I have.
ACTING CHAIRPERSON CONSTANTINE: Do we need to swear people in on
this one, Mr. Weigel?
MR. WEIGEL: Yes.
ACTING CHAIRPERSON CONSTANTINE: Anybody who intends to speak on
this item, or might even remotely have a chance of speaking on this
item, I'd ask you to stand and the court reporter will swear you in.
(All speakers were duly sworn.)
ACTING CHAIRPERSON CONSTANTINE: Thank you. Mr. Nino?
MR. NINO: Ron Nino for the record, planning services.
The petition that's before you would have you rezone 688 acres of
land from agricultural to PUD. Facilitated development of 552
dwelling units at a density of .08 units per acre.
ACTING CHAIRPERSON CONSTANTINE: I'm sorry, what was that
density?
MR. NINO: .08 --
ACTING CHAIRPERSON CONSTANTINE: Thank you.
MR. NINO: -- units per acre.
75 -- this petition was reviewed for consistency with elements of
the current Growth Management Plan and all of the jurisdictional
reviewers advised that this plan, if approved, would be consistent
with those elements of the Growth Management Plan.
However, let me highlight a few of them. 75 percent of the land
in this development is in qualifying open space. 40 percent of the
viably functioning native vegetation will be retained. Those two
thresholds are more than the threshold in the current Land Development
Code Growth Management Plan requirements.
The planning -- the EAB reviewed this petition and they
recommended approval, subject to conditions which are included in the
PUD regarding environmental and water management concerns.
The Planning Commission heard this petition and they unanimously
recommended approval of this petition.
We had received no letters of opposition or nor were there any
presentations at the Planning Commission or the EAB in opposition to
this petition.
ACTING CHAIRPERSON CONSTANTINE: Let me just be sure I'm real
clear. The -- you repeated for me what the density is. What's the
allowable density here?
MR. NINO: The allowable density is 1.5 units per acre within the
urban designated portion. This property has two designations on it.
Runs right through the middle of it. Half of the property is in the
rural fringe area which permits one and a half units per acre. And
the remaining half permits one unit per five acres. So this petition
qualifies for 552 dwelling units. And the result of that is .0 -- is
0.8 units per acre.
However, in reality there would be 1.5 units per acre in the
rural fringe area, and one unit per five acres in the agricultural
area.
Page 44
June 8, 1999
The PUD has been structured to allow the 74 units within the
agricultural area to be cjustered. The PUD is not structured to allow
the unrestricted cjustering across the entirety of the PUD unless
current Growth Management Plan amendments that are now before DCA are
approved.
ACTING CHAIRPERSON CONSTANTINE: And unanimously approved by the
Planning Commission, no objection. Although we did get a letter of
objection in the meantime, I understand. Let's hear from that person.
MR. McNEES: Your one public speaker is Nancy Payton.
ACTING CHAIRPERSON CONSTANTINE: Ms. Payton, are you a registered
lobbyist, by the way?
MS. PAYTON: I most certainly am. I had said that numerous
times, and I thought I said it enough times. But yes, indeed I am,
and I paid my $25 ahead of the deadline.
I have two documents I'm going to hand out because they do figure
into my testimony, if you would be willing to share those.
My name is Nancy Payton. I represent the Florida Wildlife
Federation. And we are here to oppose the rezoning of this particular
application.
It is our position that it's inconsistent with all relevant
provisions of the Comprehensive Plan and is not consistent with the
plan, when read as a whole, as required by state law.
The rural PUD interpretation, that is, cjustering, is a good yet
incomplete job of describing the terms and purposes of the policies
and purposes -- the terms and purposes of the policies that apply in
the ag. rural designation.
The interpretation done by Wayne Arnold for TwinEagles simply
concludes that since no individual policy expressly prohibits PUD
zoning in this category, that's ag. rural, it is not so prohibited;
that is, not the same as demonstrating that this is consistent with
the plan. In other words, Mr. Arnold, when he interpreted it, simply
said he couldn't find a policy that said that you couldn't put rural
PUD's on ag. rural land, instead of going through the processes as we
did with our TwinEagles challenge, attempting to show that through the
entire plan that it is inconsistent to have rural PUD's.
When the plan is read as a whole, its clear intent is not to
allow rural PUD's for this type of development in the ag. use
category. And this is drawn from our challenge to the TwinEagles PUD,
which of course you know did not make it to court because the county
and the developer refused or declined to pursue it.
We're a little confused about central water and sewer on this
project. On one part of the proposal we read that the boundary cuts
through or cuts across. So the ag. rural is not in the area that's --
that can receive central water and sewer. So we want to clarify that
central water and sewer, the ag. rural land, that portion of this
project, is not eligible to receive central water and sewer.
ACTING CHAIRPERSON CONSTANTINE: Just to be clear, maybe somebody
from staff -- and I'll give you the extra time -- but water and sewer
already runs by there, doesn't it? MR. NINO: I beg your pardon?
ACTING CHAIRPERSON CONSTANTINE: Water and sewer, doesn't that
already run by on U.S. 417
MR. NINO: Water and sewer is all -- at Imperial Wilderness,
which is just in front of the project --
ACTING CHAIRPERSON CONSTANTINE: That's not an expansion issue.
MR. NINO: -- and it would be extended into the project.
Page 45
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: It's not an expansion issue of
service?
MR. NINO: No, it isn't.
ACTING CHAIRPERSON CONSTANTINE: Okay. I just -- I had to make
sure I understand.
MS. PAYTON: Well, we disagree because --
MR. NINO: I think the issue that's being made is that sewer and
water can only be provided within that portion of the project that is
desig -- that is in the urban area.
ACTING CHAIRPERSON CONSTANTINE: Okay. Thanks. I'm sorry, I
just wanted to get my bearings here.
MS. PAYTON: Right. In other words, the ag. rural zone
designated part of this project is not eligible for central water and
sewer because our comp. plan doesn't allow that.
We also think it's irresponsible to approve a rezoning based on
wished for amendments.
And also, in the executive summary it makes reference to
amendments for this project similar to Fiddler's Creek. Then it talks
about simply doing it through rezoning. And I do see some analogies
with Fiddler's Creek about the urban boundary and part of the project
being within the urban area and part being outside the urban area.
Also glaring in this report to you is that there's no
environmental analysis of this project. And I passed out to you --
and that's on Page 10. If you refer to Page 10, that it talks about
in the title, evaluation for environmental transportation and
infrastructure, but there is no category or no paragraph that talks
about the environmental implications. And there are significant ones.
One, it contains strategic habitat conservation areas, as
identified through the GAPS (phonetic) report of the Gang (phonetic)
Commission, which is a critical document and is a critical document in
these DCA discussions.
And also, Collier County is a supporting organization -- and I
passed out a document that confirms this -- for the Henderson Creek,
Belle Meade restoration project. And this is an effort to receive 1.2
million dollars out of a 60 million dollar pot of federal monies. The
entire project is 5.1 million dollars. And if you note, that Collier
County is a supporting organization for this effort, and it is to
restore and protect the headwaters of Rookery Bay.
The approval of this project undermines --
ACTING CHAIRPERSON CONSTANTINE: You can have another 30 seconds.
MS. PAYTON: -- the efforts of this particular project. And I
think one of the most important documents I have to share with you is
this letter from DEP based on independent studies that were done that
found that the ag. fields that are under consideration for disturbance
contain three pesticides. I can't pronounce some of them. They're
DDD and DDE and Chlordane. And that these sites have showed that
there are three orders of magnitude higher than state standards for
general water quality.
And this is a letter to the Water Management District from
Rookery Bay, raising concerns that residences, golf courses and
agriculture in the headwaters of Henderson Creek, where this project
is located, and it's located in a natural flow way, may influence
water quality in this estuarine system. And if that ag. field is
disturbed prior to removal of these particular hazardous pesticides,
then turbidity screens and other efforts to impede that flow will not
Page 46
June 8, 1999
stop those pesticides from moving downstream and putting Rookery Bay,
the public's interest, at -- in jeopardy.
And therefore, we request that this project, this rezoning, be
denied. And if you feel uncomfortable re-denying -- or not -- denying
it, that there's still unresolved issues of water and sewer, the
density. The applicant's proposal says the density is 1.25. We heard
staff say it's .8. When I do my multiplications I get the density of
1.25 --
ACTING CHAIRPERSON CONSTANTINE: I've got to have you wrap up
here.
MS. PAYTON: Okay. The environmental implications, which I think
are serious, and I remind you of what happened with chlordane along
Immokalee Road a couple of years ago. This is significant because of
its implications to the greater system of Rookery Bay.
And I'll conclude. I could go on. But there are a lot of
concerns and questions about this particular rezoning and this
project. And at the very least, I think it should be continued until
they can be addressed.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Would the petitioner like to speak to the item?
MR. SAADEH: Yes. For the record, this is Michael Saadeh. I'm
the president and CEO of Naples Reserve. I'd like to clarify a few
points that Ms. Payton made and then come back and address some of the
issues she brought up.
First and foremost, this section of land that we've had for
several years in operations for farm fields is one of the -- the only
one that I know of, or maybe one of -- there might be another one in
Collier County that is -- that the lines are drawn diagonally to
separate the two land uses from urban fringe to agricultural.
And to this date, we can't have a scientific explanation of why
that line was drawn diagonally across the section. Some suggestions
might be that at the time they drew the water boundaries and the sewer
boundaries, maybe that's how the line was drawn parallel to that.
But just for the record, the county historically, with all of the
classifications before, they've never drawn a line diagonally through
a section to separate from urban fringe to agriculture.
We didn't dispute that. We didn't contest that. Had we decided
to contest that, we could have doubled the density, pretty much, or
taken it to a level of 87 percent more units.
Ms. Payton's math is not accurate. When you take 688 acres over
553 units, it gives you 0.8 units to the acre. That's uncontested.
You can get any mathematician to give that count.
As far as other issues that she brought up, it's not consistent
with Growth Management issues. I would tell you here today and your
staff would concur, that this position is absolutely consistent with
your Future Land Use Element as it is today, with your Growth
Management Plan as it is today, and also, with your Growth Management
Plan as it is proposed to be amended with the agreement with DCA. So
it fits the bill today and it would fit the next bill if you adopt
that. So it's not as she said, that this is wished for amendment.
It's not based on that at all. This project is consistent today with
everything you're doing.
As it pertains to surrounding neighborhoods, we placed this map
on the board to show the board that all these squares, red squares,
those are commercial lots. All the -- the property surrounded on the
west adjacent -- immediately adjacent to the west is Winding Cypress,
Page 47
June 8, 1999
is a deal that I proposed for 2,100 units. The property immediately
to the south, that goes diagonal to the south, is residential
single-family density of three units to the acre. RSF-3. That's
already zoned and approved for 633 units on that property.
The properties further to the east encompass Fiddler's Creek,
which also have very similar designations of what we have. And
inasmuch as the comp. plan was amended to spread the densities.
The only suggestion we have as far as spreading the rural density
over the entire section without adding a single unit to the project is
because the area that's a little bit shown on the bottom, have shown
that as per the diagonal that's drawn on the urban versus the rural
fringe, that most of our environmental lands are basically -- I'll
rephrase that.
Most of our vegetative lands is on the southwest corner of the
section. And because that's the case, we chose to -- propose to put
our units, residential units, on the areas that's already been cleared
that have no issues whatsoever, that are wide open, versus go out and
technically whack out all these trees on the southwest corner. We
felt a reasonable, sensible developer would protect and preserve as
many as the environmental and existing vegetation on the site, versus
going in and taking those out to place the units.
We're not asking for more density. And this language is not
different and not inconsistent with what your staff is dealing with
DCA today. And if that language is adopted, that we are consistent
with that, and if it's not adopted, we're consistent with today's
management plan also.
ACTING CHAIRPERSON CONSTANTINE: Before Mr. Duane removes that,
let me just ask you a question. The three sections that appear to be
-- as Commissioner Mac'Kie would say, have been nuked at some point in
the past, you're suggesting that you'd like to -- on that one section
that has a wooded area, you'd like to preserve as much of that as
possible?
MR. SAADEH: That's correct.
And further, another concern Commissioner Mac'Kie in the past
have (sic) had, that she doesn't like to have even the appearance of
units being placed on rural lands as rural areas. As you notice from
this aerial and from this petition, that this property is not
surrounded by any roadway whatsoever on any side. We have an 80-foot
easement that we just recently purchased to lead directly to the
property from U.S. 41, so you would not have any impact on any
surrounding neighborhoods, as far as what this looks like and so
forth.
Again, going back to the .8 unit today per density, that tells
that you most of the site is open space, is golf courses. We have
over 100 acres worth of lakes proposed for water qualities. We have
been in touch with all the regulatory agencies. We have permits
pending with the regulatory agencies. We have had consultants here
working with Rookery Bay and others as far as water quality. And we
are actually voluntarily -- as you all know, Rookery Bay is not a
regulatory agency. In the past, when we were looking to acquire an
easement to get to the property, we've had several meetings with a
representative from Rookery Bay and we talked about how certain
controls and certain proposals we would do to enhance the water
qualities and water flows. We are addressing those in more detail
right now with South Florida Water Management District and the Corps
of Engineers.
Page 48
June 8, 1999
So basically I would like to recap by saying that, you know, for
the record, this project was approved unanimously by the Planning
Commission and by the Environmental Advisory Board. And also for the
record, this property is consistent today with all your future land
use plan and Growth Management Plan, and it will also be consistent
with the Growth Management Plan as amended, supposing everything works
out with DCA on those notes.
ACTING CHAIRPERSON CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Mr. Saadeh, is all of this property under
common ownership?
MR. SAADEH: Yes, sir. It has been for a long time.
COMMISSIONER NORRIS: How long?
MR. SAADEH: It's been -- initially -- we've had the property --
let me try to find a great way of answering this for you. We farmed
it for years, but because of how our company is structured, we had to
take it in a certain entity and into another entity. But for the most
part, since the Eighties, we've been farming this property. I would
say since the early Eighties. Actually probably the first crop we put
on it was 1979.
COMMISSIONER NORRIS: Okay. So 20 years it's been under common
ownership.
MR. SAADEH: More or less, yes. Under direction under different
entities, but controlled by the same ownership.
COMMISSIONER NORRIS: Okay, that was my question. Thank you.
ACTING CHAIRPERSON CONSTANTINE: Commissioner Berry, any
questions?
COMMISSIONER BERRY: No questions.
COMMISSIONER CARTER: Just -- Michael, I understand the project,
and I really think we're going to enhance the land and we're going to
environmentally protect it more than it currently is the way I'm
beginning to look at this thing unfolding.
You're going to do cjustering, you're going to take ag. fields.
We end up with a golf course and lakes. And if we take that out of
ag. production, then these pesticides that we're so concerned about,
perhaps they're going to go away or are we going to be collecting
those and doing something in the process to address that issue?
MR. SAADEH: I was not aware of any pesticides issues. Of
course, I don't have a copy of the letter that Ms. Payton was reading
from. I would reference you to an article in the Naples Daily News of
May 28th, where a Ph.D., a Professor John Cisar, which I have no
knowledge of the guy. I've never met him. He's, I think, with the
University of Florida.
He wrote an article about how overrated the issues about
pesticides and damage that golf courses create. And by his scientific
training, I would think he's capable of writing this article, being a
professor of environmental horticultural and coordinator of turfgrass
research, with a Ph.D., I don't think he's capable of writing that
article. He said that there is -- I'd like to leave copies of it for
the record for everybody on the board that says that, you know, it's
very overrated about the damage that golf courses create with
pesticides and herbicides and so forth. And he disputes most of those
claims. And I'd like to introduce that for your records. It came
from the Naples Daily News of May 28th.
ACTING CHAIRPERSON CONSTANTINE: Consider it accepted.
Page 49
June 8, 1999
One quick question for staff. Mr. Saadeh had said he thought
staff would tell us this is consistent with our Growth Management
Plan. I just wanted to get confirmation on that.
MR. NINO: It is consistent.
ACTING CHAIRPERSON CONSTANTINE: Thank you very much.
We'll close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second.
in favor of the motion, please state aye.
Anybody opposed?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0.
Ail those
Item #12B2
PETITION PUD-98-11(1), MR. ROBERT DUANE, AICP, OF HOLE, MONTES &
ASSOCIATES, INC., REPRESENTING STEVE HOUSTON, REQUESTING A REZONE FROM
A PREVIOUSLY APPROVED "PUD" NAMELY THE TAMIAMI PROFESSIONAL CENTER PUD
TO A NEW PUD HAVING THE EFFECT OF INCREASING THE BUILDING HEIGHT
WITHIN TRACT II FROM THIRTY-FIVE (35) FEET TO FORTY (40) FEET FOR
PROPERTY LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH (US-41) AND
THE SOUTH 200 FEET OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY~ FLORIDA - CONTINUED TO JUNE 22~ 1999
Item 12(B) (2) was 17(D). This is -- Mr. Duane stays with us.
MR. DUANE: I'm going to request a continuance this morning, if
that shortens your deliberation.
ACTING CHAIRPERSON CONSTANTINE: Sure will.
MR. DUANE: Robert Duane, for the record, Hole, Montes &
Associates. We've got some issues we're going to give a little more
thought to, and I'd like to be on your next agenda, if we can pick a
date certain today.
ACTING CHAIRPERSON CONSTANTINE:
this for two weeks, till the 22nd?
COMMISSIONER BERRY: No.
COMMISSIONER NORRIS: None.
ACTING CHAIRPERSON CONSTANTINE:
the petitioner's request.
Any objection if we continue
Seeing none, consider it done at
Item #12B4
ORDINANCE 99-43 ADOPTING THE AMENDMENT TO THE COLLIER COUNTY COMMUNITY
AUTOMATED EXTERNAL DEFIBRILLATOR ORDINANCE 98-36 - ADOPTED
We'll move on then to 17(E), which is now 12(B) (4).
MR. McNEES: Commissioner, this was an item that you pulled from
the summary agenda because of some concern about lack of a record copy
of the actual ordinance. That has already actually been provided to
each of you. I have another copy that I'll place in the record and
would ask that you go ahead and approve that ordinance.
ACTING CHAIRPERSON CONSTANTINE: Just a matter of making sure the
record's correct.
MR. McNEES: Yes, sir.
ACTING CHAIRPERSON CONSTANTINE: We'll close the public hearing
on that item.
Page 50
June 8, 1999
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: Second it.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
discussion?
Seeing none, all those in favor of the motion, please state aye.
(Unanimous votes of ayes.)
ACTING CHAIRPERSON CONSTANTINE: Thank you. Motion carries 4-0.
Item #12C1
ORDINANCE 99-44 RE PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE
AMENDING COUNTY ORDINANCE 97-48, SPECIFYING RATES CHARGED TO CUSTOMERS
OF THE MARCO WATER AND SEWER DISTRICT; TO INCREASE THOSE RATES TO
"PASS-THROUGH" RATES INCREASED BY FLORIDA WATER SERVICES CORPORATION
AND WHICH INCREASED RATES MUST BE PAID BY THE DISTRICT; ALSO APPROVE
AMENDMENTS TO THE DISTRICT'S BUDGET WHICH ARE PROJECTED TO RESULT FROM
THESE PASS-THROUGH RATE INCREASES - ADOPTED
Which takes us to 12(C) (1), public hearing to consider adoption
of an ordinance amending County Ordinance 97-8 specifying rate charges
-- rates charged to customers of Marco water and sewer. Mr. Finn?
MR. FINN: Thank you, Mr. Chairman. For the record, Edward Finn,
director of operations, public works division.
This is a fairly routine matter. This is a pass-through of a
rate increase actually provided to us from Florida Water Services.
ACTING CHAIRPERSON CONSTANTINE: Any questions for Mr. Finn on
this item?
COMMISSIONER BERRY: No.
COMMISSIONER NORRIS: None.
ACTING CHAIRPERSON CONSTANTINE: We'll close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER BERRY: I'll second it.
ACTING CHAIRPERSON CONSTANTINE: There is a motion from
Commissioner Norris and a second from Commissioner Berry. Any
discussion on that?
Seeing none, all those in favor of the motion, please state aye.
(Unanimous votes of ayes.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0. Thank you,
Mr. Finn.
Item #12C2
ORDINANCE 99-45 RE AMENDMENT TO ORDINANCE 90-105, THE COLLIER COUNTY
CONTRACTORS' LICENSING BOARD ORDINANCE BY ADDING STATUTORILY MANDATED
CHANGES AND DISCRETIONARY CHANGES RECOMMENDED BY STAFF - ADOPTED
Item 12(C) (2), amendment to Ordinance 90-105, the Contractors'
Licensing Board Ordinance, by adding statutorily mandated changes.
Seems like a pretty good idea we do that.
MR. BARTOE: Yes, sir. For the record, Tom Bartoe, license and
compliance officer.
ACTING CHAIRPERSON CONSTANTINE: Anything you need to add, or is
it pretty black and white?
MR. BARTOE: We need to add nothing. Do you have any questions
for us?
Page 51
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Questions for staff?
Seeing none, we'll close the public hearing.
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CARTER: Second.
ACTING CHAIRPERSON CONSTANTINE: There's a motion and a second.
Any discussion?
Seeing none, all those in favor of the motion, please state aye.
(Unanimous votes of ayes.)
ACTING CHAIRPERSON CONSTANTINE: Motion carries 4-0. Thank you.
Item #8A4
REQUEST THAT THE BOARD OF COUNTY COM/~ISSIONERS AMEND THEIR RESPONSE TO
THE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) REGARDING THE URBAN AREA
DENSITY REDUCTIONS - CONTINUED TO JUNE 17~ 1999~ BUDGET MEETING
We have the one item from this morning. Have we had our
discussion with Tallahassee?
MR. McNEES: I believe that we have. That would be Item 8(A) (4),
and Barb Cacchione is here to speak to you.
ACTING CHAIRPERSON CONSTANTINE: Ms. Cacchione, how are you this
morning?
MS. CACCHIONE: Good morning. For the record, my name is Barbara
Cacchione with your comprehensive planning staff.
ACTING CHAIRPERSON CONSTANTINE: What kind of good news do you
have for us?
MS. CACCHIONE: I don't have much news at all. They're
continuing to negotiate. Commissioner Mac'Kie is there. And what
we'd request is that you leave time on your workshop agenda of June
17th to hear more, because that will be after the Cabinet aides.
We're still continuing to pursue the idea with them of the fringe area
and the agricultural area as separate areas.
ACTING CHAIRPERSON CONSTANTINE: Any objection to adding this on
as necessary to one of our budget workshops? Great. That will
probably be the 17th.
MS. CACCHIONE: And the agenda item is also -- if you wanted to
consider it all, separating the urban area reductions from the overall
package of remedial amendments that would be submitted.
ACTING CHAIRPERSON CONSTANTINE: Would it make any sense to wait
until we have some idea how everything else is going?
MS. CACCHIONE: Yeah, we could do it all on the 17th.
ACTING CHAIRPERSON CONSTANTINE: Let's continue that item until
that time, unless there's objection from the board. Seeing none, that's what we'll do.
Any speakers on that, Mr. McNees? We've continued the item, so
it's --
MR. McNEES: No, sir.
ACTING CHAIRPERSON CONSTANTINE: -- kind of moot, but -- and I
believe that concludes our regular agenda.
Item #14A
COUNTY ATTORNEY TO SIGN FOR CONTINUANCE RE LELY LAWSUIT TO BE HELD IN
NOVEMBER
Staff communications. Anything from you, Mr. McNees?
Page 52
June 8, 1999
MR. McNEES: No, sir.
ACTING CHAIRPERSON CONSTANTINE: Mr. Weigel?
MR. WEIGEL: Yes, one small matter. Thank you. The Lely
settlement lawsuit, which had to do with the lawsuit filed by the
homeowners' association concerning the settlement agreement, was
scheduled to go forward in August and September, but both -- all
parties concerned were having problems with witnesses and
unavailability.
We would request and the court has asked if the county
administrator might on behalf of the commissioners sign off on any
continuance. We expect that the trial would be held in November, but
we'd be continuing from right now in a morphos state in August or
September. And I'm also prepared to give you an additional report on
the other Lely case, if you'd like.
ACTING CHAIRPERSON CONSTANTINE: I assume the board wants to move
that forward as rapidly as we can. If we're going to go to court,
let's get it behind us.
Is there any objection to giving the county administrator and his
office that ability to sign off?
COMMISSIONER NORRIS: No.
MR. WEIGEL: Thank you.
Additionally, I'll just mention that the other lawsuit that we
have with the Lely Homeowners' Association concerning the
gatehouse/guardhouse, has a motion for summary judgment that's been
filed by the state. It's very possible that we will be joining that
motion in one form or another. It's scheduled for a hearing before
Judge Hayes on August 23rd. So we'll keep you advised on that as we
can. Thank you very much.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Commissioner Berry, anything?
COMMISSIONER BERRY: Nothing, sir.
Item # 15A
STAFF TO LOOK INTO BUILDING TWO LANE ROAD FROM RADIO ROAD TO DAVIS
BLVD. ON FPL EASEMENT
ACTING CHAIRPERSON CONSTANTINE: Commissioner Norris?
COMMISSIONER NORRIS: Would this be a good time, since you
mentioned that you had been in contact with FPL president, if maybe we
give staff direction to kind of start looking into that issue for us?
ACTING CHAIRPERSON CONSTANTINE: Sure. I have no objection to
that.
COMMISSIONER NORRIS: Do you understand what I'm talking about,
Mr. Ilschner?
MR. ILSCHNER: Good morning, Commissioners. For the record, Ed
Ilschner. I understand you --
COMMISSIONER NORRIS: Yeah, we'd like to see if you could start
having your staff look into the issue of perhaps getting permission to
build a little road on the FP&L easement from Radio to Davis.
MR. ILSCHNER: I understand that direction, and we can proceed to
get with FP&L and discuss those options.
ACTING CHAIRPERSON CONSTANTINE: Couple of quick comments. I've
had just brief traded phone calls on that. Two things: One, FPL
county-wide has a program going right now to put a number of their
services below ground for storm reasons and others. We can explore --
Page 53
June 8, 1999
I don't know that this is on that schedule for them right now, but
perhaps we can get it on that schedule.
And the other thing is all we really need, if the issue is the
replacement of Kings Way, is two lanes through there. We don't need a
wide roadway, so -- but I'll be happy to talk with you out of this
forum about certain -- my calls there.
MR. ILSCHNER: I think I understand the direction of the board,
and we will certainly pursue that point. COMMISSIONER BERRY: Thank you.
COMMISSIONER NORRIS: And the -- my other comment is that it
certainly helps our meetings become more efficient if we don't have an
extended attack of logorrhea.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
Item #15B
DISCUSSION CONFLICTS ON ADVISORY BOARDS
Commissioner Carter?
COMMISSIONER CARTER: Yes, one issue. And I don't know where the
board will want to go with this, but the Environmental Advisory Board,
there was a memorandum that was sent out by our county attorney in
regards to conflicts of interest.
My question to the board is how is that going to affect our other
advisory boards and councils? Are we going to be looking at that
criteria in the same light? And perhaps --
COMMISSIONER NORRIS: And that -- I'd like to piggyback on that,
too. What's good for the goose is good for the gander. I think that
these registered lobbyists from environmental groups have no business
on there either.
COMMISSIONER CARTER: I think it opens up a whole issue,
Commissioner Norris. I'm just -- I think we've got to look at that
and I'm just asking where all of this is going to go and what does
that mean. We don't want to drive good people away from these boards.
ACTING CHAIRPERSON CONSTANTINE: I think that we need to be
really careful, because the people who have the expertise in those
areas are from time to time going to have a conflict. And if we say
I'm sorry, you can't participate, then we may very well end up with a
number of people who have no idea.
One of the things we asked for, I asked for and the board agreed,
was to have a couple of, quote, real people, a couple of positions on
there for people who are unrelated to any of that. And we said yeah,
let's go ahead.
So I think there's certainly a voice for John and Sally Public on
there. Two voices, as a matter of fact. So I think we've got to be
real careful about trying to limit those volunteer positions to start
with, and we've got to be very careful trying to limit who can
participate.
COMMISSIONER CARTER: So we -- I'm just asking our county
attorney, are we in any difficulty with these boards, or is there any
-- do we have to send out -- do we have to go through the same process
as the rest of the boards and councils as we did with the
Environmental Advisory Board?
MR. WEIGEL: I think that it's probably helpful always to provide
this information -- for instance, copies of this memorandum opinion
for the EAC -- with a brief transmittal, make it available to all of
Page 54
June 8, 1999
the committee members of committees that may -- which individual
members may find that it may apply. It's probably even helpful for
those just to know, even if it doesn't apply to them particularly.
One thing I've noted, and I appreciate speaking with you about
this in the last week, is that we may find, and I think that some of
the individual members on these committees may find that there will be
a distinction between them being agents or affiliated in their
business pursuits, that is, committee members, with agents on behalf
of petitioners and those persons with expertise who actually are
principals or representatives of principals themselves.
And the distinction may be no more than that the principals who
are on committees, be it the CCPC or other committees, to name an
example, may find that they will have to conflict out from time to
time as opposed to an inappropriate and recurring conflict situation
that agents of -- and persons employed by agents for petitioners may
find themselves, such as some of our comment was directed with the EAC
memorandum.
ACTING CHAIRPERSON CONSTANTINE: I have just one item, and that
is the MPO meeting is scheduled for June 25. I've got notes from most
if not all of you that that's a problem, so we're going to piggyback
that on the end of the -- the afternoon of the 22nd meeting. There
are two items on there that are time sensitive and we wouldn't have an
opportunity for another 60 days otherwise. So those two items we'll
hit for sure.
There is a third item that Commissioner Mac'Kie would like to
participate in. It is not as time sensitive. Depending on how the
meetings in Tallahassee go that day, she may participate via telephone
and we'll still do that third item. If she doesn't, we'll continue
that one item until whenever the MPO then gathers again, probably
early August.
MR. Weigel?
MR. WEIGEL: Thank you. One final note and I appreciate
recognition here. Your Item 8(A) (4), I think the vice chair indicated
that it was to be continued to the June 17th hearing date. This was
the DCA response. I'm not sure that we have on the record a formal
vote and motion. Just so there will be no issue whatever, I --
COMMISSIONER NORRIS: So moved.
MR. WEIGEL: -- would appreciate it --
COMMISSIONER CARTER: Second.
MR. WEIGEL: -- if you would make a record vote.
ACTING CHAIRPERSON CONSTANTINE: Motion and a second. Any
objection?
(No response.)
ACTING CHAIRPERSON CONSTANTINE: Seeing none, motion carries 4-0.
MR. WEIGEL: Thank you.
ACTING CHAIRPERSON CONSTANTINE: Unless there's anything else --
COMMISSIONER NORRIS: Give it a whack.
ACTING CHAIRPERSON CONSTANTINE: -- I will adjourn us in just a
moment.
How long do we anticipate the workshop on our campus lasting?
Because we can do that pre-lunch if it's only going to be a half-hour,
45 minutes.
MR. McNEES: We would say certainly 45 minutes would be on the
outside.
Page 55
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Ail right, we'll adjourn today's
regular meeting. We'll reconvene in the form of a workshop in five
minutes.
MR. McNEES: So we can set up our computers and color glossy
photos and the good stuff.
***** Commissioner Carter moved, seconded by Commissioner Berry and
carried 4/0, (Commissioner Mac,Kie absent) that the following items
under the Consent and Summary Agenda be approved and/or adopted=*****
Item #16A1
FINAL PLAT OF .CHESSER SUBDIVISION
Item #16A2
RESOLUTION 99-253A AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF .ISLE
VERDE AT PELICAN BAY
Page 56
RESOLUTION NO. 99- 25~-J~ :_tO~ 0 8 !99,
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN ISLE VERDE AT PELICAN BAY,
RELEASE OF THE MAINTENANCE SECURITY, AND
ACCEPTING THE MAINTENANCE RESPONSIBILITY
FOR THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMENTS THAT ARE NOT REQUIRED
TO BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on August
11, 1992 approved the plat of Isle Verde at Pelican Bay for recording; and
WHEREAS, the developer has cons~'ucted and maintained the roadway, drainage, water
and sewer improvements in accordance with the approved plans and specifications and as
required by the Land Development Code (Collier County Ordinance No. 91-102, as amended);
and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and
WHEREAS, the developer has noW requested final acceptance of the roadway, drainage,
water and sewer improvements and release of his maintenance security; and
WHEREAS, the Comphance Services Section of the Development Services Department
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainage, water and sewer improvements in Isle Verde at Pelican Bay, and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted aRer motion, second and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COLLIE~A
P~ S. MAC~]2~, CHA]RWOM/k-N~
June 8, 1999
Item #16A3
RESOLUTION 99-254 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "POINTE
VERDE AT PELICAN BAY.
Page 57
RESOLUTION NO. 99- 254
RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN POINTE VERDE AT PELICAN BAY,
RELEASE OF THE MAINTENANCE SECURITY, AND
ACCEPTING THE MAINTENANCE RESPONSIBILITY
FOR THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMENTS THAT ARE NOT REQUIRED
TO BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on August
11, 1992 approved the plat of Pointe Verde at Pelican Bay for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage, water
and sewer improvements in accordance with the approved plans and specifications and as
required by the Land Development Code (Collier County Ordinance No. 91-102, as amended);
and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and
WHEREAS, the developer has now requested final acceptance of the roadway, drainage,
water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services Department
has inspected the roadway, drainage, water and sewer improvements and is recommending
acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
those roadway, drainage, water and sewer improvements in Pointe Verde at Pelican Bay, and
authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the future
maintenance and other attendant costs for the roadway, drainage, water and sewer improvements
that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
DATE: ~ ~].~.~.~ BOARD OF ~MMISSIONERS
ATTEST: . .', ~; COLLIE~UNTY, FLORIDA
DWIGHT E. BROCK,' CLERK
By: '..
Approved as to form and legal
15Ieidi F, Ashton
Assistant Collier County Attorney
June 8, 1999
Item #16A4
ACCEPTANCE OF INGRESS, EGRESS AND UTILITY EASEMENT FROM BONNESS, INC.
IN CONJUNCTION WITH THE KATHLEEN COURT PLAT
Page 58
JUN - 8 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
June 8, 1999
Item #16A5
RESOLUTION 99-255 AUTHORIZING THE COUNTY ADMINISTRATOR, OR THE
DIVISION ADMINISTRATOR OF COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVICES AS THE COUNTY DESIGNEE TO SIGN ALL DOCUMENTATION NECESSARY
FOR THE ADMINISTRATION OF ALL CURRENT CDBG GRANT APPLICATIONS AND
AWARDS
Page 59
RESOLUTION NO. 99-255__
A RESOLUTION AUTHORIZING THE
COUNTY ADMINISTRATOR, OR THE DIVISION
ADMINISTRATOR OF COMMUNITY DEVELOPMENT
AND ENVIRONMENTAL SERVICES AS THE
COUNTY DESIGNEE TO SIGN ALL
DOCUMENTATION NECESSARY FOR THE
ADMINISTRATION OF ALL CURRENT CDBG
GRANT APPLICATIONS AND AWARDS
WHEREAS, the Florida~Department of Community Affairs awards
grants through the small Cities Community Development Block Grant
Program of up to $750,000 to qualifying cities and counties for
projects that benefit iow-and moderate-income persons, aid in the
prevention or elimination of slums or blight, or meet other community
development needs having a particular urgency because existing
conditions pose a serious and immediate threat to the health or
welfare of the community and where other financial resources are not
available to meet such needs; and
WHEREAS, a city or county may apply each cycle for a Community
Development Block Grant for Economic Development, Neighborhood
Revitalization, Housing, or Community Revitalization based on the
documented need for these funds, or the number of jobs created and the
amount of private capital leveraged; and
WHEREAS, Collier County has been awarded a $750,000 CDBG
Neighborhood Revitalization Grant project the Shellabarger Park
Project, located in Immokalee, Florida; and
WHEREAS, Collier County currently has been awarded a $750,000
CDBG Economic Development Grant for the White Lake Corporate Park
Project, located near the area known as Golden Gate, Florida; and
WHEREAS, Collier County currently has $750,000 in CDBG
Economic Development Grant funds reserved for a project called th~
Immokalee Regional Airport Manufacturing Facility, located at the
Immokalee Regional Airport in Immokalee, Florida; and
WHEREAS, each of these grants needs to have documentation
signed and submitted to the Department of Community Affairs, located
in Tallahassee, Florida by either the Chief Elected official or their
designee; and
WHEREAS, County Administrator has been designated as the Board
of Collier County Commissioner's designee in each of the above
mentioned grants, as approved in resolution No. 95-692, for the
Shellabarger Park InfrastructUre Improvement Project, in resolution
No. 98-79 for the White Lake Corporate Park Infrastructure Improvement
Project, and in resolution No. 99-119 for the Immokalee Regional
Airport Manufacturing Facility Construction Project; and
WHEREAS, at specific times during the course of a year the
Chief Elected Official, or the County Administrator may not be
available to sign and submit needed grant documentation to the
Department of Community Affairs on a timely basis;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners hereby authorizes the
County Administrator, or the Community Development and Environmental
Services Administrator to sign all documents pertaining to the CDBG
grants awarded to Collier County for the Shellabarger Park Project and
the White Lake Corporate Park Project, to accept grant funds on behalf
of the County, and to execute all agreements and documents on behalf
of the Board of County Commissioners, including but not limited to
participating party agreements and the quarterly reports, and to
perform all acts associated with grant administration.
2. The Board of County Commissioners hereby authorizes the
County Administrator, or the Community Development and Environmental
Services Administrator to sign all documents pertaining to the CDBG
grants awarded to Collier County for the Immokalee Regional Airport
Manufacturing Facility's Project, to accept grant funds on behalf of
2
the county, and to execute all agreements and documents on behalf of
the Board of County Commissioners, including but not limited to
participating party agreements and the quarterly reports, and to
perform all acts associated with grant administration.
BE IT FURTHER RESOLVED that this Resolution be recorded by the
Official Clerk of Courts i~ the Public Records of Collier County,
Florida.
ADOPTED this
DATE:
;-
SUFFICIENCY:
~idi F- A~hton
Assistant County Attorney
day of June, 1999.
~~ COUNT~.~~QF COUNTY
s. CHA RWO N
June 8, 1999
Item #16A6
AGREEMENT FOR SALE AND PURCHASE TO PROVIDE FOR FUTURE EXPANSION OF THE
COMMUNITY DEVELOPMENT SERVICES BUILDING
Page 60
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between COLLIER DEVELOPMENT
CORPORATION, a Flodda corporation, (hereinafter referred to as "Seller"), and Collier
County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that Certain parcel of real property (hereinafter referred to
as "Property"), located in Collier County, State of Florida, and being more particularly
described as follows, to wit;
East Naples Industrial Park Lot 9 and South 24.2 feet of East 160 feet of
Lot 19 according to the plat thereof, as recorded in Plat Book 10, at
Page 114, of the Public Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be THREE
HUNDRED SEVENTY-EIGHT THOUSAND ($378,000.00) DOLLARS, (U.S. Currency)
payable at time of closing.
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before sixty (60) days following execution of this
Agreement by the Purchaser but not later than August 1, 1999, unless extended by
mutual written agreement of the parties hereto. 'the Closing shall be held at the Collier
County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples,
Florida. The procedure to be followed by the parties in connection with the Closing shall
be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be^to the Sell~,~e
following: '~ ~
3.0121 A negotiable instrument (County Warrant) in an amount equa ~p the
Purchase Price. No funds shall be disbursed to Seller until the Title Company
verifies that the state of the title to the Property has not changed adversely
since the date of the last endorsement to the commitment, referenced in
Section 4.011 thereto, and the Title Company is irrevocably committed to pay
the Purchase Price to Seller and to issue the Owner's title policy to Purchaser
in accordance with the commitment immediately after the recording of the
deed.
3.0122 Funds payable to the Seller representing the cash payment due at
Closing in accordance with Article III hereof, shall be subject to adjustment for
prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its
sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to
the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida
Statutes, and the cost of recording any instruments necessary to clear Seller's title to
the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property
taxes shall be prorated based on the current year's tax with due allowance made for
maximum allowable discount, homestead and any other applicable exemptions and paid
by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes
will be prorated based upon such prior year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall perform
the following within the times stated, which shall be conditions precedent to the Closing;
4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to
Purchaser as evidence of title an ALTA Commitment for an Owner's Title
Insurance Policy (ALTA Form B-1970) covering the Property, issued by a national
title insurance company, together with hard copies of all exceptions shown
thereon. Purchaser shall have fifteen (15) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. Permitted exceptions shall include, but are not limited to, the following:
(1) applicable zoning regulations and ordinances of the county having
jurisdiction over the use of the Property; and
(2) real property taxes and assessments for 1999, which are not yet due
and payable.
(3) existing mortgages which shall be satisfied at or prior to Closing.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing.
Seller, at its sole expense, shall use its best efforts to make such title good and
marketable. In the event Seller is unable to cure said objections within said time
period, Purchaser, by providing written notice to Seller within two (2) days after
expiration of said thirty (30) day period, may accept title as it then is, waiving any
objection; or Purchaser may terminate the Agreement. A failure by Purchaser to
give such written notice of termination within the time period provided herein shall
be deemed an election by Purchaser to accept the exceptions to title as shown in
the title commitment.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the
total acreage as referenced in the aforementioned legal description, if any. Seller
agrees to furnish any existing surveys of the Property, if any, to Purchaser within
thirty (30) days of execution of this Agreement.
V. APPRAISAL PERIOD
5.01 Purchaser shall have sixty (60) days from the date of this Agreement (Appraisal
Period), to obtain one (1) independent appraisals in order to determine the value of
the Property pursuant to the requirements of Florida Statutes 125.355.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the
independent appraisal, Purchaser shall deliver to the Seller prior to the expiration of
the Appraisal Period, wdtten notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in
writing of its specific objections as provided herein within the Appraisal Period, it shall
be deemed that the Purchaser is satisfied with the results of its investigation and the
contingencies of this Article V shall be deemed waived. In the event Purchaser elects
to terminate this Agreement copies of the appraisal report shall be furnished to the
Seller.
VI. INSPECTION PERIOD ~ /~
6.u~"' '"~'urcnaser' shall have c.-.~_ .".'_md:cd .~.':c,",'.y (~,20) days from the date//~f this
Agreement, ("Inspection Period"), to determine through appropriate investigation ~hat:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the development
of the Property.
3. The Property is in compliance with all applicable State and Federal environmental
laws and the Property is free from any pollution or contamination.
6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Pedod, wdtten notice of its intention to waive the applicable contingencies or to
terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific
objections as provided herein within the Inspection Period, it shall be deemed that the
Purchaser is satisfied with the results of its investigations and the contingencies of this
Article VI shall be deemed waived. In the event Purchaser elects to terminate this
Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of
all engineering reports and environmental and soil testing results commissioned by
Purchaser with respect to the Property.
6.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil bodngs and all other necessary investigation. Purchaser
shall, in performing such tests, use due care and shall indemnify Seller on account of
any loss or damages occasioned thereby and against any claim made against Seller as
a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty
four (24) hours prior to said inspec{ion of the Property.
7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VIII. POSSESSION
8.01 Purchaser shall be entitled to full possession of the Property at Closing.
IX. pRORATIONS
9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by
Seller.
X. TERMINATION AND REMEDIES
10.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies available at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
10.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is not in default, then as Seller's sole remedy, Seller shall have the dght
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated
damages which shall be Seller's sole and exclusive remedy, and neither party shall
have any further liability or obligation to the other except as set forth in paragraph 13.01
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
10.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be determined
by the court or in a separate action brought for that purpose.
10.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
11.01 Seller and Purchaser represent and warrant the following:
11.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
11.012 Seller has full dght, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
11.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
11.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
11.015 No party or person other than Purchaser has any right or option to acquire
the Property or any portion thereof.
11.016 Until the date fixed for Closing, so long as this Agreement remains in force
and effect, Seller shall not encumber or convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
'To %'~',\t_~-s K~e~&SL ~
11.017 gc',',c.r rc~rcccntc thct there are no incinerators, septic tanks or cesspool,s)n/
the Property; all waste, if any, is discharged into a public sanitary sewer sy~ ,[p~
Seller represents that they have (it has) no knowledge that any pollutants~ar~or
have been discharged from the Property, directly or indirectly into any bbc~ of
wat~;',',;r 7;.prc. c.c.,-;t; the Property has not been used for the produdtion,
handling, storage, transportation, manufacture or disposal of hazardous or toxi..
substances or wastes, as such terms are defined in applicable laws and regulations,
or any other activity that would have toxic results, and no such hazardous or toxic
§ubstances are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect~,~thereto. Sc',',or
~ ....... ~.. +~ ,k..., k .... n~ k..,.~ .... ~. ..... ~-~--~ ,~.--t there is~ground water
contamination on the Property or potential of ground water contamination from
e,-,, -..-.-*.- no stora e tanks for asohne or an other
neighboring properties. ~...,.c: .'cprc ...... g g ' Y
substances are or were~10cated on the Property at any time during or prior to
· ~' -" .......... '- sea
Seller's ownership thereof~ i ........ ~, ........ none of the Property has been u
as a sanitary landfill. ~-To %~_~\~ Y-.~_~%~._ ~
11.018 Seller has no knowledge that thc rrcpc,'ty ~,nd S~:=~r'$ op~a,',o,-;$.~
_.........,o*-" "" '._.. ....... v. . v~_._..v.'-';A-., ,,,_. ~,~v. any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction,
alterations or installation on or in connection with the Property in order to comply
with any laws, ordinances, codes or regulation with which Seller has not complied.
,,.,, .C~,9 ,-~., A~__._.. cr~. ~.= '~.-.rccc.-~c~ .'cst;!ct!c~, ~__~s_~ment~ er r!ghts cf ';:~_,,/e~"~.~ th~n
existing zo~[ r~St~--' "*'--~l~-rty,-and thoro
are no maintenance, non~_tm~,,;~~rn~nt, leasing, employm~_nt,
11.020 Seller has no knowledge that thoro are any suits, actions or arblt~ation
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller's ability to perform hereunder; nor is thoro
any other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this Agreement.
11.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act'which would change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other condition of the Property.
11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall surv~f~e/.the
Closing~ ~-~-- o.. ~,~_~,~.~ o~- ~ ~o~ ~
1,..~ ......... ~ ......... - .............. o .................. ~, .................
hold ~er ha~less from any and all costs (including affor~.ey'~~d
against~m~ or incurred by Purchaser, directly or~~~s~n~ ~ ~n
co--on with th~ation of any federal, st~~~mon ~~ti~g to
poll~ prote~n o~ironme~~~dan~ ~, but not~
La '),P
w d
R in
functi sar,_ hereunder, shall
11.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
12.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
With a copy to:
Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller:
Annis, Mitchell, Cockey, Edwards & Roehn, P.A.
Pelican Bay Financial Center
8889 Pelican Bay Boulevard
Naples, Florida 34108
Attention: C. Perry Peeples
12.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such addresses or addressees only,
unless and until such written notice is received, the last addressee and respective
address stated herein shall be deemed to continue in effect for all purposes.
Xlll. REAL ESTATE BROKERS
13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the
Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against
any claim or liability for commission or fees to any broker or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
IX. MISCELLANEOUS
14.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
14.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
14.04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
14.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
14.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
14.08 Seller is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
14.09 If the Seller holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
14.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XV. ENTIRE AGREEMENT
15.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unless made in writing and executed and dated by both Purchaser and Seller.
Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
cc: ,,
AS TO PURCHASER:
DATED: (~ ~F; ,,/~,~'~'
ATYEST: -. ,. ,,.
D?IGHT E. BR~K, ~le~
E~,~~¢~.:" ;~eputy Clerk
Attest as'~ Chatm~'s
BOARD OF COUNTY COMMISSIONERS
COLLIER C~
BY:
AS TO SELLER:
DATED: ~/
WITNESSES:
FI,.RST WITNESS (Signature)
SECOND. J(/VITNESS (Signature)
(Print N~me)
COLLIER DEVELOPMENT
CORPORATION, a Florida corporation
By: ~~t
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
June 8, 1999
Item #16A7
BUDGET AMENDMENT FOR THE IMPLEMENTATION OF THE DEVELOPMENT REVIEW AND
GROWTH MANAGEMENT MODULES OF THE CD-PLUS APPLICATION AND PURCHASE OF
FOUR UPGRADED COMPUTER TOWERS
Item #16A8 - Moved to Item #8A5
Item #16A9
AUTHORIZATION TO DRAFT AN ORDINANCE TO AMEND SECTION THREE OF
ORDINANCE 97-10 TO ADD AS AN IDLE SPEED/NO WAKE ZONE A WATERWAY KNOWN
AS HELL'S GATE AND NATURAL RESOURCES DEPARTMENT TO PUBLIC "NOTICE" IN
A NEWSPAPER OF GENERAL CIRCULATION IN COLLIER COUNTY OF A SCHEDULED
PUBLIC HEARING ON THE PROPOSED ORDINANCE
Item #16A10 - Continued to June 22, 1999
EXCAVATION PERMIT 59.691, .FOREST PARK (HERON LAKES)" LOCATED IN
SECTION 33, TOWNSHIP 49 SOUTH, RANGE 26 EAST; BOUNDED ON THE NORTH BY
THE GOLDEN GATE CANAL (GOLDEN GATE CITY), ON THE SOUTH BY 1-75, ON THE
EAST BY LAND ZONED AGRICULTURE, AND ON THE WEST BY GOLDEN GATE
COM~IFNITY PARK AND BERKSHIRE LAKES PUD
Item #16All
RESOLUTION 99-256, TO UPDATE THE NON-ADOPTED PORTION AND THE SUPPORT
DOCUMENT OF THE TRANSPORTATION ELEMENT OF THE GROWTH MANAGEMENT PLAN
Page 61
RESOLUTION NO. 99-256
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS DIRECTING THAT THE NON-ADOPTED PORTION AND
THE SUPPORT DOCUMENT OF THE TRANSPORTATION ELEMENT OF THE
GROWTH MANAGEMENT PLAN BE UPDATED.
Ft'hereas, the Transportation Element of the Growth Management Plan is divided into an
adopted portion that begins on page 37 and a non-adopted porti°n that precedes page 37; and
Whereas, the Support Document of the Transportation Element is not adopted; and
Whereas, the above mentioned portions of the Element have tables and figures that become
obsolete or require corrections;
NOW, THEREFORE, BE IT RESOLVED by the Collier County Board of County
Commissioners that:
1. The non-adopted portion of the Transportation Element of the Growth Management Plan be
updated in the following ways:
· Update the Service Volume Tables (formerly Tables 1A through 1 D) to include the information
contained in the Collier County Service Volume Update Final Report of April,1998;
· Update the Collier County Transportation Planning Capacity Database (Table 4) to include 1998
traffic counts and the updated service volumes;
· Update Map TR-1BW to show the existing number of lanes; and
· Correct an error on Map TR-1AW and show Immokalee and Marco Island as "small urban"
areas.
2. The Support Document of the Transportation Element be updated in the following ways:
· Update Section A, Traffic Count Data, to include 1998 traffic counts;
· Update Section B, Traffic Accident Data, to report 1998 accident data;
· Update Section C, Traffic Projections, to include 1998 traffic counts in the trend prediction;
· Update Section D, State 5-Year Work Program, to show the Adopted 1998/99-2002/02 Work
Program;
· Update Section E, County Secondary Road Program, to show the program adopted in January,
1999;
· Update Section F, Level of Service Tables, to include by reference the Collier County Service
Volume Update Final Report, April, 1998; and
· Update Section G, Collier County 1990 Model Validation and Long-Range Plan Update
Financially Feasible Plan, to include the 2000, 2010, and 2020 Financially Feasible networks
adopted as a Long Range Transportation Plan Amendment in February, 1998 by the
Metropolitan Planning Organization.
DONE..?THIS,:~ DAY OF~
' .; .~, : ~,'' : ~
1- ..,,:.'7 ... "' '~'.¥:.,:'
APPRO.VED:A g ,TO FORlvI AND
LEGAL'SUFFICIENCY:
,1999
COLLIER COUNTY BOARD OF COUNTY
COMMIS~ "' ~'
By: /"" ~~ d ~//~_,~ d
P,a~A S. M~E; C[I,~¥1~tW'~N
Marjorie'M. Student, Assistant County Attomey
June 8, 1999
Item #16A12 - Moved to Item #8A6
Item #16A13 - Moved to Item #8A7
Item #16A14 - Moved to Item #8A8
Item #16A15
FINAL PLAT OF .EDEN ON THE BAY" - WITH CONSTRUCTION AND MAINTENANCE
AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS
Page 62
Document Prepared By
Mark W. Minor, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this ff:d~ day of~ 1999 between Glen Eden on
the Bay, L.P., hereinafter referred to as "Developer", ~nd the Board of County Commissioners
of Collier County, Florida, hereinafter referred to as "The Board".
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:
"Eden on the Bay"
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 36 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 $764,26.q.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.
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 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 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 Developer have caused this Agreement to be
executed by their duly authorized representatives this ~ day of ~ , 1999.
Signed, Sealed and Delivered
in the presence of:
Witnesses:
(Printed or Typed Name)
,' (Printed or ~Typed Name)
· , .~, .~.
Attest: .......... ,: .'
' :,;:, '5,(,
Dwight E.: Bro~k;~'C!erk
ApprOVed as to form and legal sufficiency:
David C. Weigel
Collier County Attorney
BY:
Glen Eden on the Bay, L.P.
By: Western Sales and Development Co.,
Its General Partner
Gary Ki~ella, V~ce President
Board of County Commissioners
of Collier County, Florida
Chairman
ISSUING BANK:
NATIONSBANK, N.A.
RE: IRREVOCABLE LETTER OF CREDIT NO. 941555
ISSUE DATE: JUNE 7, ~999
EXPIRY DATE: JUNE 7, 2000.
AMOUNT: $764,264.00
APPLICANT:
GLEN EDEN ON THE BAY, LP
14510 VANDERBILT DR.
NAPLES, FL 34110
BENEFICIARY:
THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C/O OFFICE OF THE COUNTY ATTORNEY
COLLIER COUNTY COURTHOUSE COMPLEX
NAPLES, FL
WE HEREBY ISSUE OUR IRREVOCABLE LETTER OF CREDIT NO. 941555 IN
YOUR FAVOR FOR THE ACCOUNT OF GLEN EDEN'ON THE BAY, LP IN THE
AGGREGATE AMOUNT OF SEVEN HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED
SIXTY-FOUR UNITED STATES DOLLARS ($764,264.00), AVAILABLE BY
BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON NATIONSBANK, N.A.'AND
ACCOMPANIED BY BENEFICIARY°S STATEMENT PURPORTEDLY SIGNED BY THE
COUNTY MANAGER, CERTIFYING THAT: "GLEN EDEN ON THE BAY, LP HAS
FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS GLEN EDEN ON THE
BAY OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT
BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY
ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND
FORMALLY ACCEPTED BY THE BENEFICIARY."
THIS CREDIT SHALL BE VALID UNTIL JUNE 7, 2000, AND SHALL
THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE (1) YEAR
PERIODS, UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH
ANNIVERSARY DATE, THE ISSUER NOTIFIES THE BENEFICIARY IN WRITING
BY REGISTERED MAIL THAT THE ISSUER ELECTS NOT TO SO RENEW THIS
CREDIT.
DRAFTS(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN
UNDER NATIONSBANK, N.A. CREDIT NO. 941555 DATED JUNE 7, 1999."
THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE
PRESENTED FOR PROPER ENDORSEMENT.
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR
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 THIS LETTER OF CREDIT
RELATES, AND.ANY~SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE
HEREIN. BY;i~ REFERENCE ,~ANY ~DOCUMENT, ~:,'INSTRUMENT OR · AGREEMENT - ·
.,~IRREVOCABLE ~STANDBY~LETTER ~OF~'CREDIT ~NO ~941555 ~PAGE i,-? 1 :!~::i?;:i~ ?.~ ~,~
ISSUER HEREBY ENGAGEs WITH iBENEFIClARY ~THAT :DRAFT (S) DRAWN UNDER
AND IN COMPLIANCE~WITH-THE:TERMS OF THIS 'CREDIT :WILL BE DULY
HONORED BY ISSUER IF PRESENTED WITHIN THE VALIDITY OF THIS CREDIT
TO OUR OFFICE LOCATED AT 901 MAIN ST.,~ 9TH FL., DALLAS, TX 759.02,
ATTN: LETTER OF CREDIT DEPT.- .......... -' ·' ....
THIS CREDIT IS SUBJECT.TO THE UNIFORM'.CUSTOMS~AND'PRAC'I!ICE FOR -.
DOCUMENTARY :CREDITS ~:( 1993 ,.REVISION ). INTERNATIONAL. CHAMBER OF
COMMERCE PUBLICATION NOi 500.
VICE PRESIDENT
FOR ASSISTANCE PLEASE CALL BARBARA TEAGUE AT214-209-3097.
IRREVOCABLE STANDBY ~.'LETTER ':OF::CREDT~'"N~2~;-941555 ~:.PAGE :i: 2: + .'"
Item #16B1
June 8, 1999
WORK ORDER NO. TE-98-TO-02 WITH TINDALE-OLIVER AND ASSOCIATES TO
PERFORM CORRIDOR TRAFFIC STUDIES AND PROVIDE SIGNAL PLANS FOR GOLDEN
GATE BOULEVARD FOUR LANE IMPROVEMENTS FROM CR-951 TO WILSON BOULEVARD
- IN THE AMOUNT OF $85,476.00
Page 63
JUN - 8 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
June 8, 1999
Item #16B2
PURCHASE ORDER TO THE CITY OF PORT ST. LUCIE IN THE AMOUNT OF
$28,000.00 FOR THE PURCHASE OF A WALLACE AND TIERNAN LIME SLAKER
Item #16B3
RFP #99-2909 FOR ANNUAL CONTRACT FOR TELEMETRY SERVICES AWARDED TO
CONSOLIDATED POWER SYSTEMS, GOFF COMMUNICATIONS, AND DATA FLOW SYSTEMS
- TO BE SELECTED BY DEPARTMENTS AS NEEDED
Item #16B4
WORK ORDER #TS-BL-9908 FOR BOTNER LAND DESIGN, INC. FOR BAYSHORE
BEAUTIFICATION MSTU LANDSCAPING BETWEEN U.S. 41 AND THOMASSON DRIVE -
IN THE AMOUNT OF $72,270.00
Page 64
JUN - 8 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
Item #16B5
June 8, 1999
FINAL RANKING OF CONSULTANTS FOR ENGINEERING SERVICES RELATED TO
AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, CONTRACT 99-2926,
PROJECT 74030 - STAFF TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT
WITH WATER RESOURCE SOLUTIONS
Item #16B6
PROFESSIONAL SERVICES AGREEMENT WITH AGNoLI, BARBER AND BRUNDAGE, INC.
FOR THE DESIGN OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE
RIDGE ROAD (PROJECT NO. 60071, CIE NO. 52) AND LIVINGSTON ROAD FROM
PINE RIDGE ROAD TO VANDERBILT BEACH ROAD (PROJECT NO. 62071, CIE NO.
58)
Page 65
LIVINGSTON ROAD (G.G. PARKWAY to PINE RIDGE ROAD)
COLLIER COUNTY PROJECT NO. 60071
AND
LIVINGSTON ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD)
COLLIER COUNTY PROJECT 62071
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this,~x~day of ~
19 ~ , by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida [ex-officio the governing board of the Collier County
Water-Sewer District] (hereinafter referred to as the "OWNER") and Agnoli, Barber and
Brundage, Inc. a Florida corporation, authorized to do business in the State of Florida, whose
business address is 7400 Tamiami Trail North, Suite 200, Naples, FL 34108 (hereinafter
referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional engineering design and
environmental permitting services of the CONSULTANT concerning certain design services for
Livingston Road (G.G. Parkway to Pine Ridge Road) -County Project No. 60071 and Livingston
Road (Pine Ridge Road to Vanderbilt Beach Road) - County Project No. 62071 (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
-l-
WHEREAS, the CONSULTANT represents that
professional services that will be required for the Project.
it has expertise
in th~ typ~ of
NOW, THEREFORE, in consideration of the mutual covenants .and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional engineering design and
environmental permitting services in all phases of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services.
-2-
1.§. CONSULTANT agrees to employ and designate, in writing, within five (§) calendar days
after receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The
Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to be
provided and performed under this Agreement. Within five (§) calendar days from the Notice to
Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the
OWNER a written statement, executed by the proper officers of the CONSULTANT,
acknowledging that the Project Manager .shall have full authority to bind and obligate the
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT
agrees that the Project Manager shall devote whatever time is required to satisfactorily manage
the services to be provided and performed by the CONSULTANT hereunder. The person
selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior
approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the OWNER, to promptly remove and replace the Project Manager, or any other perso'nnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, whom
the OWNER shall request in writing to be removed, which request may be made by the
OWNER with or without cause.
1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of
professional services that will be required for the Project. The CONSULTANT agrees that all
services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the
OWNER's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
-3-
published laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies which regulate or have jurisdiction over the Project or the services to be
provided and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of the conflict.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER's prior written consent, or unless incident to the proper
performance of the CONSULTANT's Obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion
dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the
OWNER.
1.10. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost
and detailed estimates of construction cost prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as a design professional familiar with the construction industry.
The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary
from any estimate of construction cost or evaluation prepared or agreed to by the
CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise
and modify Construction Documents and assist in the rebidding of the Work at no additional
cost to OWNER, if all responsive and responsible bids exceed the estimates of construction
costs prepared by CONSULTANT.
-4-
0 8 .{99§
1.11. CONSULTANT shah not be responsib{e for means, methods, techniques, sequences or
procedures of construct{on selected by contractors or the safety precautions and programs
incident to the work of contractors.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in Article Two herein. These services will be paid for by OWNER as
indicated in Article Five and Schedule B. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated
prior to the preparation of such studies, reports or documents, or are due to any other causes
beyond CONSULTANT's control.
2.3 Preparation and submission of information to and necessary consultations with the Collier
County Transportation Department, Florida Department of Environmental Protection, Florida
Department of Transportation, South Florida Water Management District, U.S. Army Corps of
Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or
approvals for construction of the Project, unless such permits are expressly included in Basic
-5-
Services to be performed by GONSULTANT hereunder as set forth in the Schedule A-Scope of
Services.
2.4 Providing renderings or models for OWNER's use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting
OWNER in obtaining process licensing. ~
2.6. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office.
2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts' for
construction, materials, equipment or services, except as otherwise provided for herein.
2.9. Providing any type of property surveys, aerial photography or related engineering services
needed for the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable contractors to proceed with their work and providing
other special field surveys.
2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
-6-
2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.12. Additional services rendered by CONSULTANTS in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in accordance with
generally accepted engineering design and environmental permitting practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The Owner shall designate in writing a project coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Coordinator"). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define OWNER's policies and decisions
with respect to CONSULTANT's services for the Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to the CONSULTANT that
would have the effect, or be interpreted to have the effect, of modifying or changing in any 'way
whatsoever unless approved, in advance, by the County Administrator or his designee:
(a) The time the CONSULTANT is obligated to commence and complete all such
services; or
(b) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT provided that the change (or the sum of the changes) amounts to 10
percent or less, of the current Board approved amount and does not exceed $50,000.
3.2. The Project Coordinator shall:
(a) Review and make appropriate recommendations on all requests submitted by the
CONSULTANT for payment for services and work provided and performed in
accordance with this Agreement;
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(b) Provide all criteria and information requested by
OWNER's requirements for the Project, including
constraints, space, capacity and performance requirements,
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT
CONSULTANT's disposal all available information in
CONSULTANT as to
design objectives and
flexibility and
by placing at
the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to design or construction of the Project
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER
fo~' CONSULTANT, may be provided during times that are not the normal business hours df the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the Project and for the costs thereof, including
the costs of any required land surveys and provision of O & E reports for properties along the
proposed roadway corridor in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for a~l or any
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designated portion of the Project and shall be PerfOrmed and completed in accordance with the
Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the
essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extension.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT's sole remedy against OWNER will be the right to seek an extension of tim'e to
its schedule. This paragraph shall expressly apply to claims for early completion, as well as
claims based on late completion. Provided, however, if through no fault or neglect of the
CONSULTANT, the services to be provided hereunder have not been completed within seven
hundred thirty-seven (737) calendar days (subject to meeting several interim milestone
dates as further described in the detailed scope of services) of the date hereof, the
CONSULTANT's compensation shall be equitably adjusted, with respect to those services that
have not yet been performed, to reflect the incremental increase in costs experienced by
CONSULTANT after expiration of said twenty-four (24) month period.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable manner, in addition to any other
-9-
rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and
option may withhold any and all payments due and owing to the CONSULTANT until such time
as the CONSULTANT resumes performance of its obligations hereunder in such a manner so
as to reasonably establish to the OWNER's Satisfaction that the CONSULTANT's performance
is or will shortly be back on schedule.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans,
specifications, maps, evaluations, reports, computer assisted design or drafting disks and other
technical data, other than working papers, prepared or developed by CONSULTANT under this
Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its
own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and
hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys
fees incurred by CONSULTANT due to the OWNER's use of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
6.2. With respect to and in consideration for the indemnification provided by OWNER in
paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and
receipt of which is acknowledged through the signing of this Agreement.
-I0-
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or
the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or
representatives of OWNER, shall have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and
during the five (5) year period noted above; provided, however, such activity shall be conducted
only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. The CONSULTANT in consideration of $10.00, the sufficiency and receipt of which is
acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold
OWNER and its officers, employees and agents harmless from and against any and all Ios'ses,
penalties, damages, professional fees, including attorney fees and all costs of litigation and
judgments arising out of any willful misconduct or negligent act, error or omission of the
CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or
incidental to the performance of this Agreement or work performed thereunder. The
consideration exchanged and the provisions of this paragraph shall also pertain to any claims
brought against the OWNER its officers, employees or agents by any employee of the named
CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly
employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be
limited in any way by the agreed upon contract price as shown in this Agreement or the
CONSULTANT'S limit of, or lack of, sufficient insurance protection.
-Il-
JUN fl 8 t99~
8.2. CONSULTANT acknowledges that the 9eneral conditions of any construction contract
shall include language, satisfactory to the OWNER's attorney, in which the Contractor agrees to
hold harmless and to defend OWNER, its agents and employees from all suits and actions,
includin9 attorney's fees, and all costs of litigation and judgments of any name and description
arisin9 out of or incidental to the performance of the construction contract or work performed
thereunder.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything contained herein be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may otherwise exist without regard to this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
-12.-
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, except those previously made in writing and
identified by CONSULTANT as unsettled at the time of the final payment. Neither the
acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a
waiver of any of OWNER's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin work under the
Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly
and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws,
ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms
or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3 below and
CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded
CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed.
12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers,
records, documents, drawings, models, and other material set forth and described in this
Agreement.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in
Article Four herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
-]4-
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete and current at the time of the Agreement.
The CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
-15-
16.1. All notices required or made pursuant to this ^greement to be given by the
CONSULTANT to the OWNER shall be in wriling and shall be deliYered by hand or by United
States Postal Service Department, first class mail service, postage prepaid, return receipt
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
cio Public Works Engineering Department
3301 Tamiami Trail East
Naples, FL. 34112
Attention: Robert C. Wiley, P.E.
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Agnoli, Barber and Brundage, Inc.
7400 Tamiami Trail, Suite 200
Naples, FL 34108
Attention: Mr. Daniel W. Brundage, P.E.
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
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U N D 8 !99 ?
17.3. This Aoreement {s not assignab{e, {n who{e or in paFl, by CONSULTANT without the prior
written consent of OWNER.
17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms
of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, initially consisting of fifty (50) continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and
regulations of the State of Florida, and by the laws, rules and regulations of the United States
when providing services funded by the United States government. Any suit or action brought
by either party to this Agreement against the other party relating to or arising out of this
Agreement must be brought in the appropriate Florida state court in Collier County, Florida.
-l?-
IN WITNESS WHEREOF, the parties hereto have executed this Professional Se~ices
A§reement for the day and year first wdtten above.
BOARD OF COUNTY COMMISSIONER,S,~OR
COLLIER COUNTY, FLORIDA~;A ~pLI~ICAb':
SUBDIVISION OF THE STA.,.~i~'~RID'A '-
[AND AS EX-OFFICIO THE"~GOVERNINE?' '~'~';
BOARD OF~i~3OUNTY WATER--
, .:,:;,, '.:.. , ~ '. ':',, .... ;:. ;, .,"
P~,rf~la S. Mac~'~, Cha~r~vor:nan'
Approved as to form and
.legal sufficiency:
Assistant County Attorney
(Print or Type Name)
Witness
(Print or Type Name)
AGNOLI, BARBER AND BRUNI;;~GE, INC.
~4~aniei ~¥. Brundage, I~.E..
President
(CORPORATE SEAL)
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SCHEDULE A
SCOPE OF SERVICES
Schedule A consists of the following component Parts:
A.1. DESCRIPTION OF PROJECT
A.2. DESIGN SERVICES
A.3. SCHEDULE
A.4. CONSTRUCTION BID SERVICES (Not implemented at this time)
A.5. CONSTRUCTION CONTRACT ADMINISTRATION (Not implemented at this time)
A.6. DETAILED OBSERVATION OF CONSTRUCTION (Not implemented at this time)
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A,1,
DESCRIPTION OF PROJECT.
A. 1.1. The project consists of the complete design of Livingston Road from Golden Gate
Parkway to Vanderbilt Beach Road. This project is a combination of two County roadway
projects as follows:
Project No. 60071 Livingston Road (Golden Gate Parkway to Pine Ridge Road)
Project No. 62071 Livingston Road (Pine Ridge Road to Vanderbilt Beach Road)
A.1..2. Project 60071 - Livingston Road (Golden Gate Parkway to Pine Ridge Road) The
Collier County Public Works Engineering Department (P.W.E.D.) has recently completed the
design of Livingston Road from Radio Road through the intersection of Golden Gate parkway.
The OWNER has obtained aerial photography (raster imagery) and survey cross sections (100'
spacing) for the Livingston Road corridor and has prepared a preliminary access management
plan and typical roadway sections. Additionally, within the limits of the Pine Ridge Road existing
right-of-way, the provision for a plateaued intersection at Livingston Road and Pine Ridge Road
has been included in an ongoing design contract for 6-lane improvements to Pine Ridge Road.
The OWNER will provide the design drawings to CONSULTANT in an electronic format so'that
the design of Livingston Road can be coordinated with the Pine Ridge Road intersection design.
It is anticipated that intersection design at Pine Ridge Road by CONSULTANT will be limited to
coordination with Pine Ridge Road design plans and modifications to signals to reflect the new
Livingston Road lane configurations.
This segment of roadway is approximately 2.5 miles in length and is to be designed as
a 4-lane urban arterial with the ability to construct two additional lanes within the median when
traffic demand requires the expansion. Where the roadway fronts the Wyndemere
development, the northbound lanes (under the initial 4-lane construction) are to be shifted to the
west to maximize the distance from Wyndemere. To further protect the residents of Wyndemere
from the impact of the road, a vegetated earthen berm topped with a noise reduction wall will be
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designed a{ong the eastern side of the roadway. This berm/wa{{ facility wi{I extend from the
southern end of Wyndemere to their entrance. North of Wyndemere's entrance, their Pond
^pp{e Preserve w}{I probab{y prec{ude the use of a berm, but an eva{uaUon on the need for a
noise reduction wa{{ wil{ be made and a wall designed if needed. Provision wi{I be made {n the
design of the draina0e faci{{t{es to accommodate the add{Ugh of the third northbound {ane (when
the expansion to O-lanes is needed) to the outside where this shift occurs. Thus, the effect
under the initial 4-{ane ¢onst~ction condiUon {s to transition the northbound {anes from the mo
outside {anes to the t¥~o inside {anes as the roadway passes Wyndemere, and then transition
back to the t~vo outside {anes. The {ane shift wi{{ be e{im{nated when the roadway {s 0-1aned.
Th{s roadway segment des{on wil{ match with the des{on of the fu{{ Livingston Road cross
section at approx}mate{y roadway station 173+00 north of the golden gate Parkway intersect}on
{as des{oned by P.W.E.D. staff) and proceed through the intersection of Pine Ridge Road to
approximately roadway station 206+00 to match with the full Livingston Road cross section for
Project No. 62071.
Right-of-way acquisition must begin in August, 1999. The CONSULTANT will provide a
complete right-of-way map to the OWNER by August 15, 1999.
This segment of roadway design includes signalization design for the Wyndemere/Grey
Oaks intersection and modifications to the signals at Pine Ridge Road.
The design of the roadway within the corridor includes the design of a 12-inch water
main along the eastern side of Livingston Road from Golden Gate Parkway to connect to the
Wyndemere development's existing 16-inch water main. There may also be a relocation of the
existing 16-inch water main from the Wyndemere service to the northern edge of the
Wyndemere development. The project also includes the design of a 20-inch reclaimed water
main along the western side of Livingston Road that will extend from Golden Gate Parkway to
connect to a 20-inch reclaimed water main on the north side of Pine Ridge Road.
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P.W.E.D. staff have anticipated two stormwater discharge outfalls for this project. The
southern outfall to a detention pond in the southeast corner of the Livingston Road/Golden Gate
Parkway intersection (constructed as part of the Livingston Road from Radio Road to Golden
Gate Parkway) will handle the roadway discharge from approximately the northern extent of
Wyndemere south to the Golden Gate Parkway intersection. North of Wyndemere, the eastern
outfall will utilize the existing outfall channel from the Kensington development and connect to
two (2) culverts under 1-75. The consultant is responsible for verifying the adequacy of these
outfalls and designing the appropriate.stormwater management facilities for the roadway and .
the offsite areas that will also use the limited discharge points.
A. 1.3 Project 62071 - Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) -- This
segment of roadway is approximately 2.0 miles in length and is to be designed as a 4-lane
urban arterial with the ability to construct two additional lanes within the median when traffic
demand requires the expansion. The OWNER has obtained aerial photography (raster imagery)
and survey cross sections (100' spacing) for the Livingston Road corridor and has prepared a
preliminary access management plan and typical roadway sections. This roadway segment
design will match with the design of the full Livingston Road cross section at approximately
roadway station 206+00 north of Pine Ridge Road (as designed by CONSULTANT) and
proceed through the intersection of Vanderbilt Beach Road to approximately roadway station
323+00 to match with the full Livingston Road cross section for Project No. 62061.
Right-of-way acquisition must begin in June, 1999. The CONSULTANT will provide a
complete right-of-way map to the OWNER by May 31, 1999.
This segment of roadway design includes complete signalization design for two
intersections in the Livingston Woods area plus the intersections at Orange Blossom Drive and
Vanderbilt Beach Road.
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The design of the roadway within the corridor includes the design of a 12-inch water
main along the eastern side of Livingston Road from Pine Ridge Road to Vanderbilt Beach
Road.
P.W.E.D. staff have anticipated two stormwater discharge outfalls crossing under 1-75
for this project. The southern outfall will utilize an existing ditch along the section line between
Sandalwood Lane and Hunters Road. The northern outfall will utilize an existing ditch along the
southern border, of the Village Walk development. The consultant is responsible for verifying the
adequacy of these outfalls and designing the appropriate stormwater management facilities for
the roadway and the offsite areas that will also use the limited discharge points.
A.2. DESIGN SERVICES
The CONSULTANT is responsible for the full, turn-key design of Livingston Road from
the northern extent of the intersection with Golden Gate Parkway through the northern extent of
the intersection with Vanderbilt Beach Road. The CONSULTANT, as identified in the submitted
proposal, is Agnoli, Barber and Brundage, Inc. with Johnson Engineering, Inc., Tindale-Oliver
and Associates, Inc., and Law Engineering and Environmental Services, Inc. identified as sub-
consultants. The following sub-sections identify specific areas of design activity, but are not
intended to relieve the CONSULTANT from anything less than providing complete design,
documentation, plans preparation, special conditions, general conditions, supplemental
conditions, specifications and bid and Agreement forms of Livingston Road in a format
acceptable and ready for release by the OWNER for construction of the Project. The
CONSULTANT shall also provide detailed opinions of probable total Project construction costs
in writing for OWNER's review and approval at the 60%, 90% and 100% Plans submittal stage.
-2.3-
A.2.1. Engineering and Land Surveys - In addition to using the existing surveying information
provided by OWNER, the CONSULTANT shall be responsible for obtaining all additional
supplemental surveying needed for design and/or right-of-way tasks.
A.2.2. Geotechnical Services - In addition to using the existing geotechnical information (from
Ardaman and Associates, Inc. dated 2-21-96) provided by OWNER, the CONSULTANT shall be
responsible for obtaining all additional supplemental geotechnical information needed for the
design tasks.
A.2.3. Roadway and Utility Plans - CONSULTANT shall provide complete and accurate
roadway and utility design plans, design calculations and all other documentation in accordance
with the Florida Department of Transportation Plans Preparation Manual (30%, 60% and 90%
plans) and Collier County Public Works Division design standards unless otherwise agreed to in
writing by the project coordinator. Roadway plans shall include utility line locations. Utility
design plans shall be shown on separate sheets and numbered accordingly. Plans shall be in
English units. Plans submittals to the OWNER for review purposes shall be 24" x 36" sheet size
with a minimum of three sets provided.
A.2.4. Utility Relocation Plans - The CONSULTANT shall provide full engineering design
services for relocation of existing utilities, including, but not limited to, utility company
coordination efforts, notifications, and preparation of utility relocation plans to ensure the
constructability of the roadway project. This section is not to be interpreted to mean that the
CONSULTANT assumes the actual design responsibilities normally performed by the utility
companies for electrical, telephone and other cable utility facilities within the road right-of-way.
A.2.5. Right-of-Way Maps - The CONSULTANT shall develop a right-of-way map for the
project and provide legal descriptions and parcel sketches necessary for any property
-24-
acqu)$iUons. Th)s informaUon sha)) be prov)ded at the Ume of 30% p)ans submission and
modified as necessary if changes occur as a result of subsequent design activities.
A.2.6. Signalization Plans - The CONSULTANT shall be responsible for the development of
complete intersection signalization design plans and specifications, including but not limited to
researching and developing traffic projections for initial signal timings, intersection geometry,
signal head locations, mast arm or other OWNER approved signal support system design, etc.
The final locations of signals shall be in accordance with the OWNER's Access Management
Plan as may be modified by the CONSULTANT during the preparation of the 30% Plans and
Design Report.
A.2.7. Signing and Marking Plans -The CONSULTANT shall prepare complete signing and
marking plans in accordance with Florida Department of Transportation and Collier County
Public Works Division standards.
A.2.8. Street Lighting Plans -- The CONSULTANT shall prepare complete street lighting plans
in 'accordance with Florida Department of Transportation and Collier County Public Works
Division standards. The CONSULTANT shall coordinate, through the project coordinator, the
street lighting design with the surrounding developments to ensure local community
compatibility and aesthetic acceptance.
A.2.9. Permits - The CONSULTANT shall prepare all required permit applications necessary
for the construction of the complete roadway and utility design project. The CONSULTANT
shall provide all necessary response information to the appropriate regulatory agencies to obtain
approved permits. The OWNER is responsible for all permit application fees which are separate
from the cost proposal attached to this AGREEMENT.
-?.5-
A.2.10. Final Contract Documents (100% Plans) - The CONSULTANT shall prepare Final
Contract Document plans, specifications, and any other documents required for bidding the
project. These shall be prepared upon receipt of review comments from the 90% plans.
A.2.11. Advisory Services - As needed and requested by the OWNER, the CONSULTANT
shall be readily available to perform advisory services and assistance in such matters as, but
not limited to, preparation of sets of bid and contract documents, assist with the pre-bid
conference, respond to bidder's inquiries, prepare bid addenda items (where such addenda
items are not clearly an omission from the bid plans/specifications/documents), assist in
reviewing the bids for contract award, and attend a pre-construction conference. Advisory
services shall be paid on a time and materials used basis.
A.2.12. Post Design Services - The CONSULTANT shall be responsible for obtaining the
Florida Department of Environmental Protection Utility Main Extension Permits, review of shop
drawings submitted by contractor, rapid response for clarifications to the plans, specifications,
and/or contract documents prepared by the CONSULTANT, performance of a final inspection
for conformance to the plans, preparation of permit certifications, and preparation of record
drawings using information obtained from the contractor or construction engineering inspector
and verified by CONSULTANT. The CONSULTANT will visit the construction site on a periodic
basis to ensure conformance to the prepared plans, with the time spent on these site visits to be
billed on a time and materials basis, with a cost not to exceed maximum as identified in the cost
proposal.
A.2.13. Constructability Review - Upon receipt of the 90% design plans, the OWNER will
conduct an independent constructability review of the project. This independent review may be
performed by OWNER's staff or an independent consultant firm.
A.3. SCHEDULE
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A.3.1. Project Schedule - Within 10 days of receiving the Notice to Proceed, the
CONSULTANT shall develop a baseline project schedule using Microsoft Project showing the
detailed breakdown of design task items in a format acceptable to the OWNER. CONSULTANT
shall be responsible for updating this project schedule on a monthly basis and providing a copy
(both paper and electronic) to the project coordinator. The updated schedule shall show the
current status of the project compared to the baseline schedule.
A.$.2. Progress Meetings - CONSULTANT shall keep OWNER informed as to the status of
the project design through no less than monthly meetings at the project coordinator's office
unless otherwise agreed to by the project coordinator.
A.$.$. Project Milestones - As identified in the original Request for Proposals, meeting
milestones for the various deliverables is essential. The milestone dates for each phase of the
project are as follows:
Project 60071 (Golden Gate Parkway to Pine Ridge Road)
August 15, 1999 $0% design plans, right-of"way map, and legal descriptions and
November 30, 1999
March 31, 2000
June 30, 2000
October 2, 2000
sketches
60% design plans, specifications, calculations, and cost estimate
90% Design Plans, specifications, calculations, and cost estimate
100% design plans, specifications, calculations and cost estimate
Construction Start
Project 62071 (Pine Ridge Road to Vanderbilt Beach Road)
August 15, 1999 30% design plans, right-of-way map, and legal descriptions and
sketches
August 31, 2000 60% design plans, specifications, calculations, and cost estimate
-2.'/-
January 31,2001
April 30, 2001
October 1, 2001
90% Design Plans, specifications, calculations, and cost estimate
100% design plans, specifiCations, calculations and cost estimate
Construction Start
A.4. CONSTRUCTION BID SERVICES (Not Implemented At This Time)
A.4.1.
CONSULTANT shall assist in securing bids and:
(a) provide interpretation and clarification
bidding;
(b) coordinate bid process
including advertisements,
receipt of bids;
(c)
(d)
(e)
(O
(g)
(h)
(i)
of Contract Documents during
with Collier County Purchasing Department
publications, Contract Document sales and
distribute Contract Documents during bidding phase to prospective bidders;
maintain record of prospective bidders to whom bidding documents have
been distributed;
organize and conduct pre-bid meeting with prospective bidders;
attend the bid opening, prepare bid tabulation sheets and assist OWNER in
evaluating bids or proposals and in assembling and awarding contracts for
construction, materials, equipment and services;
assist OWNER in evaluating bidder's previous experience, if necessary;
prepare and issue addenda as appropriate to interpret or clarify Contract
Documents;
provide OWNER with a recommendation as to the acceptability of
subcontractors, suppliers and other persons and organizations proposed by
the bidders for those portions of the work as to which such acceptability is
required by the Contract Documents;
-2.8-
d)
(k)
provide OWNER with recommendation 'concerning the acceptability of
substitute materials and equipment proposed by bidder(s) when substitution
prior to the award of contracts is allowed by the Contract Documents; and,
make a recommendation of contract award.
A,5.
CONSTRUCTION CONTRACT ADMINISTRATION (Not Implemented At This Time)
A.5.1. Consult with the OWNER and contractors as reasonably required and necessary with
regard to construction of the Project, including but not limited to pre-construction conference
and monthly coordination meeting with OWNER and contractor.
A.5.2. Review materials and workmanship of the Project and report to OWNER any
deviations from the Contract Documents which may come to the CONSULTANT's attention;
determine the acceptability of work and materials and make recommendation to OWNER to
reject items not meeting the requirements of the Contract Documents.
A.5.3. Recommend to the OWNER in writing that the work, or designated portions thereof,
be stopped if, in CONSULTANT's judgment, such action is necessary to allow proper inspection,
avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be
readily replaced or restored to an acceptable condition. Such stoppage to be only for a period
reasonably necessary for the determination of whether or not the work will in fact comply with
the requirements of the Contract Documents.
A.5.4. Require that any work which is covered up without being properly observed be
uncovered for examination and restored at contractor's expense if deemed appropriate by the
CONSULTANT.
-2.9-
A.5.5. Issue interpretations and clarifications of Contract' Documents during construction,
and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such
requested deviations or substitutions and when reasonably necessary provide OWNER with a
recommendation concerning same. Prepare work change orders as directed by OWNER.
A.5.6. Submit to OWNER, in a format acceptable to OWNER, [INSERT FREQUENCY
INTERVAL HERE] progress and status reports, including but not limited to manpower, amount
of work performed and by whom, equipment, problems encountered, method to correct
problems, errors, omissions, deviations from Contract Documents, and weather conditions.
A.5.7. Review shop drawings, diagrams, iljustrations, catalog data, schedules and samples,
the results of laboratory tests and inspections, and other data which contractors are required to
submit for conformance with the design concept of the Project and compliance with the
provisions of the Contract Documents.
A.5.8. Monitor all required Project records, including but not limited to delivery schedules,
inventories and construction reports. Based upon the Project records, as well' as
CONSULTANT's observations at the site and evaluations of the data reflected in contractor's
application for payment, CONSULTANT shall render a recommendation to OWNER concerning
the amount owed to the contractor(s) and shall forward the contractor's application for such
amount to OWNER. Such approval of the application for payment shall constitute a
representation by CONSULTANT to OWNER, based on observations and evaluations, that:
(a)
(b)
(c)
the work has progressed to the point indicated;
the work is in substantial accordance with the Contract Documents; and
the contractor(s) is (are) entitled to payment in the recommended amount.
A.5.9. Receive and review all items to be delivered by the contractor(s) pursuant to the
Contract Documents, including but not limited to all maintenance and operating instructions,
-30-
schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals.
CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written
comments and recommendations concerning their completeness under the Contract
Documents.
A.5.10. Support the OWNER'S efforts to negotiate with the contractor(s), the scope and cost
of any necessary contract change orders, using as a basis for such negotiations data or other
information emanating from the Contract Documents, including but not limited to the bid sheet,
technical specifications, plans, shop drawings, material specifications, and proposed material
and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S
approval such change orders under the owner's direction and guidance. Under no
circumstances shall the CONSULTANT be authorized to make commitments on behalf of or
legally bind the OWNER in any way to any terms or conditions pertaining to a prospective
change order.
A.5.11. Upon receiving notice from the contractor advising CONSULTANT that the Project is
substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER,
conduct a comprehensive inspection of the Project, develop a list of items needing completion
or correction, forward said list to the contractor and provide written recommendations to
OWNER concerning the acceptability of work done and the use of the Project. For the purposes
of this provision, substantial completion shall be deemed to be the stage in construction of the
Project where the Project can be utilized for the purposes for which it was intended, and where
minor items need not be fully completed, but all items that affect the operational integrity and
function of the Project are capable of continuous use.
A.5.12. Perform final inspection in conjunction with OWNER, and assist OWNER in closing
out construction contract, including but not limited to, providing recommendations concerning
-31-
acceptance of Project and preparing all necessary documents, including but not limited to, lien
waivers, contractor's final affidavit, close-out change orders, and final payment application.
A.5.13. Prepare and submit to OWNER upon completion of construction of the Project, five
(5) sets of record drawings and one (1) set of reproducible record drawing mylars of the work
constructed, including those changes made during the construction process, using information
supplied by the contractors and other data which can reasonably be verified by CONSULTANT's
personnel.
A.5.14. Prepare and submit to OWNER upon completion of construction of Project a final
report of variations from the construction Contract Documents, including reasons for the
variations.
A.6,
DETAILED OBSERVATION OF CONSTRUCTION (Not Implemented At This Time)
A.6.1. Construction work shall be done under the full-time observation of at least one
representative of CONSULTANT; or by such additional representatives of the CONSULTANT as
may be necessary for observing the construction of the Project, as may be authorized and
approved by the OWNER.
A.6.2. During detailed observation
OWNER's interests in Project and:
(a)
of construction CONSULTANT shall act to protect
take 3 x 5 color 35 mm photographs of important aspects of the Project,
including by way of example and not limitation, all [INSERT TYPICAL
ITEMS TO BE PHOTOGRAPHED HERE] for future reference, process and
submit same together with corresponding negatives on a continuous basis
to OWNER; such pictures to be properly categorized and identified as to
-32-
(b)
(c)
(d)
date, time, location, direction and photographer, with subsequent notations
on drawings;
maintain appropriate field notes from which record drawings can be
generated;
maintain appropriate field records to document any and all disputes or
claims, whether actual or potential with respect to construction of the
Project; and
observe operation or performance testing and report findings to OWNER
and contractor [optional insert i.e., including copies of bacteriological
and pressure tests when potable water lines are involved upon
completion of operable units].
END OFSCHEDULEA
-33-
SCHEDULE B
BASIS OF COMPENSATION
Schedule B consists of the following component parts:
E~ol.
BASIC SERVICES
REIMBURSABLES
B.3. PAYMENT PROVISIONS
ATTACHMENT A, SCHEDULE OF FEES FOR BASIS SERVICES
ATTACHMENT B, CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
B.1. BASIC SERVICES
B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2 and A.3,
(Parts A.4, A.5 and A.6 have not been implemented at this time) of Schedule A, OWNER agrees
to pay, and CONSULTANT agrees to accept, the fixed fees, or unit cost rates for items billed on
a time and materials basis, as shown on "Schedule B, Attachment A, Schedule Fees for Basic
Services".
B.1.2. Payment For Basic Services under Parts A.2 and A.3 of Schedule A (Parts A.4, A.5 and
A.6 have not been implemented at this time) that are identified as fixed fee items in "Schedule
B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon receipt of an
invoice from the CONSULTANT submitted no more than once a month. Progress payments for
incomplete tasks shall be based upon the percentage of work completed by CONSULTANT, not
-34-
on the percentage of time expended. The CONSULTANT shall provide the project coordinator
with satisfactory explanations on the work being billed as completed to date on the invoice.
B.1.3. Payment For Basic Services under Parts A.2 and A.3 of Schedule A (Parts A.4, A.5 and
A.6 have not been implemented at this time) that are identified as time and materials in
"Schedule B, Attachment A, Schedule of Fees for Basic Services" shall be paid based upon
receipt of an invoice from the CONSULTANT submitted no more than once a month. Invoices
shall identify the task, billing rate for the person performing the work, and time billed. Payment
for work on time and materials based items shall not to exceed 40 hours per person per week.
Payment for services performed by individuals beyond 40 hours per week or Saturdays,
Sundays or holidays, shall be increased by a factor of 1.5 applied to "Schedule B, Attachment B,
Consultant's Employee Houdy Rate Schedule" provided such overtime work is approved by
OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect.
The CONSULTANT shall provide the project coordinator with satisfactory explanations on
progress of the work being billed on the invoice. The amounts shown on "Schedule B,
Attachment A, Schedule of Fees for Basic Services" for time and materials items shall be
considered as a maximum cost not to exceed.
B.2. REIMBURSABLES
B.2.1. For reimbursable items, the invoice shall match the receipt, a copy of which shall be
provided as support documentation. Reimbursable costs shall mean the actual expenditures
made by the CONSULTANT while providing Basic Services in the interest of the Project, listed
in the following sub-paragraphs:
(a) expenses for transportation and subsistence incidental to out-of-town travel
required by CONSULTANT and directed by OWNER, other than visits to the
Project Site or OWNER's office;
-35-
(b) expenses for preparation, reproduction, photographic production techniques,
postage and handling of drawings, specifications, bidding documents and
similar Project-related items in addition to those otherwise required in Parts A.2
and A.3 of Schedule A (Parts A.4, A.5 and A.6 have not been implemented at
this time) of Basic Services;
(c) when authorized in advance by OWNER, except as specifically otherwise
provided herein, the expense of overtime work requiring higher than regular
rates; and
(d) expenses for renderings, models and mock-ups requested by OWNER.
B.2.2. By way of example and not limitation, reimbursable costs shall specifically not include
expenditures, except as otherwise described in paragraph B.2.1., such as:
(a) expenses for transportation and subsistence;
(b) overhead, including field office facilities;
(c) overtime not authorized by OWNER; or
(d) expenses for copies, reproductions, postage, handling, express delivery, and
long distance communications.
B.3. PAYMENT PROVISIONS
B.3.1. In no case shall the fixed fee or time and materials figures on Schedule B Attachment A
be exceeded without a change in the scope of the project being approved by the County
Administrator or his designee.
B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within
thirty (30) days of submittal of an approvable invoice. The project number and number of the
purchase order by which authority the services have been made, shall appear on all invoices.
All invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by OWNER.
-36-
B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services,
and Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this
Schedule B, are incorporated herein and will be the basis for OWNER's budgeting, authorizing
and monitoring of expenditures under this Agreement.
B.3.4. As compensation for coordinating sub-consultant activities (other than Johnson
Engineering, Inc., Tindale-Oliver and Associates, Inc., and Law Engineering and Environmental
Services, Inc. which submitted as sub-consultants as a part of the original proposal) for
OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%)
of the actual cost of services rendered under Additional Services. For the purposes of this
provision the actual cost of services rendered shall not include any mark-up between the vendor
who actually performed the services and any sub-consultant. No administrative fee or mark-up
shall be paid in conjunction with the provision of Basic Services as set forth in Pads A.2 and A.3
of Schedule A (Pads A.4, A.5 and A.6 have not been implemented at this time).
END OF SCHEDULE B.
-3'/-
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
See the fee schedule provided by CONSULTANT for the project phases as follows:
Project N°. 60071 (G.G, Pkwy. to Pine Ridge Road)
Project No. 62071 (Pine Ridge Road to Vanderbilt Bch. Road)
pages 38A through 38D
pages 38E through 38H
-38-
AGNOLI BARBER & BRUNDAGE
LIVINGSTON ROAD - SEGMENT ONE
SUMMARY FEE SHEET
TASK 1.00 - ENGINEERING AND LAND SURVEYS
Task Task Man Avl Calc Prop Fee
# Description Hours Rate Fee Fee T)~pe
1.01 Design Suwe¥ 7,735
a. Obtain supplemental tapo to update aerials 60 85 5,100 FF
b. Obtain supplemental utilit7 information 20 85 1,700 FF
c. Ground centrol for new ~ogra~ of outfail$ 11 85 935 FF
1.02 Right-of-Way Suwa¥ 21,760
e. Section Res 96! 85 8,160 FF
b. Subdivision Ties 160 85 13,600 FF
Sub-Total Task 1.00 347 29,495 29,495
TASK ?-00 - GEOTECHNICAL SERVICES
Task Task Man Hours Avg Caic Prop Fee
# Descril:~'Jon er Tests Rate Fee Fee T)~e
2.01 Soil Borln~ and Laborato~7-Testing 19,704
a. SPT and Hand Auguer Soil Borings 49 borings 4.890 T&M
b. Engineering Se~ices 83 hours 73 6,059 FF
c. Laberato~ Services. Tests 93 hours 85 7,905 FF
d. Preparation of Soil Data Sheat 10 hours 85 850 FF
Sub-Total Task 2.00 19,704 19,704
TASK 3.00 - ROADWAY PLANS
Task Tar~ Man Avl Calc Prop Fee
# Description Hours Rate Fee Fee T)~e
3.01 Grades and Geomatrics 130% Plans) 45,410
a. Key Map 10 67 670 FF
b. Back of Sidewalk Sheat 40 71 2,840 FF
c. Drainage Maps I1" = 200) 60 80 4,800 FF
d. Plan and Prolile Sheets I1' - 40~ 180 79 14,220 FF
e. Typical Section Shee~ 80 79 6,320 FF
f. Cross Section Shee~s 144 70 10,080 FF
g. Bud~ Estimate 80 81 6,480 FF
:~.02 iBaslc Plans ~60%) 90,590
a. Key Map 10 65 650 FF
b. Drainage Map 40 80 3,200 FF
c. ,Typical Section Sheels 60 66 3,960 FF
d. Plan and Profile Shee~s ind. Water & Eflt. design 220 79 17,380 FF
e. Drainage Struct. Shee~s ind. Wate~ & Effi. Design 90 79 7,110 FF
f. Intersection De~ail Shee~s 40 79 3,160 FF
g. Intersection Profile Shee~s 60 79 4,740 FF
h. Lateral Ditch/Outfail Shee~s 70 79 5,530 FF
i. Crees Section Shes~s 150 72 10,800 FF
I. Prellminar~ Design of Stom~ Water Treatment 120 83 9,960 FF
k. Drainage Tabulations 60 81 4,860' FF
I. Draft Maintenance of Tralfic Plan 60 78 4,680 FF
m. Dratt Bid Documents 60! 80 4,800 FF
n. Design Documentation 40 82 3,280 FF
o. Up-Dated Budge~ Estimate 80 81 6,480 FF
38A
3.03 Detill Pbns (90%~ 96,400
a. Kay Map 10 64 640 FF
b. Drainage Map 40 74 2,960 FF
c. Typical Section Sheets 40 70 2,800 FF
d. Summa~ M Quanti~ Sheat 160 70 11,200 FF
e. Summay of Drainage Structure Sheets 80 70 5,600 FF
f. Plan and Profile Sheets incl. Water & Effi. design 220 70 15,400 FF
g. Miscallaneous Sheets 80 70 5,600 FF
h. Drainage Stmct. Sheets Incl. Water & Effi. Design 140 70 9,800 FF
i. Intersection Details and Profiles 60 70 4,200 FF
Ii. Latera mch/Out~l Sheas 50 70 3,500 FF
k. Cross Section Sheets 150 70 10,500 FF
I. Completed Ston~ Water Treatment Design 80 78 6,240 FF
m. Maintenance of Traffic Plan 100 82 8,200 FF
n. Design Documentation 80 82 6,560 FF
o. Signalization Plan coonJinaflon 30 80 2,4001 FF
p. Street Ughting Plan coordination 10 80 800 FF
Sub-Total Taak 3.00 ;' 3,084 232,40~ 232,400
TASK 4.00 o UTILITY RELOCATION PLANS
Task Task Man Avg Calc Prop Fee
# DescrilYJon Hours Rate Fee Fee T~P·
4.01 Utility NoUflcation 30: 78 2,340 2,340 FF
4.02 Utility Coordination 401 78 3,120 3,120 FF
4.03 Final Utility Relocation Plans 120 73 8,760 8,760 FF
Sub-Total Task 4.00 19~ 14,220 14,220
TASK $.00 - RIGHT-OF-WAY MAPS
Task Task, Man Avg Calc Prop Fee
# Description Hours Rate Fee Fee T}/pe
5.01 Right-of-Way Maps (Preliminary & Final) 336 60 20,160 20,160 FF
6.02 Legal Descriptions and Parcel Sketches (10) 17 350 5,950 5,950 T&M
Sub-Total Task 6.00 353 26,110 26,1101
TASK 8.00 - SIGNALIZATION PLANS
TaSk Task Man Avg Caic Prop Fee
# Description Hours Rate Fee Fee Type
6.01 Research MPO Plan, Historical Trend Data, Apply 194 65 12,610 12,610 FF
MP0 Model, Develop AADT, K, D, T and Inter. Vols.
6.02 Develop Intersection geom. axl X-section design data 53 73 3,869 3,869 FF
8.03 :Basic Plans 7,800
a. New signal at VV~dem~ intersection 50 65 5,200 FF
b, Signal Modification at Pine Ridge intersection 40 65 2,600 FF
6.04 De{ail Plans 3,900
a. New signal at Wyrtdemere intersection 40 65 2,600 FF
b. Signal Modification at Pine Ridgn intmsection 20 65 1,300 FF
Sub-Total Task 6.00 427 28,17g 28,179
38B
TASK 7.00 - SIGNING AND MARKING PLANS
Task Task " 'Man' Av~l Calc Prop Fee
# Description Houm Rate Fee Fee T~/pe
7.00 signing and Maddng Plans 300 73 21,900 , 21 ~,900 FF
Sub-Total Task 7.00 300 21,90(~ 21,900
TASK 8.00 - STREET UGHTING PLANS
Task Task Man Avg Calc Prop Fee
~ Description Hours Rate Fee Fee Type
8.00 Stmat Ughting PIans 35 90 3,150 3,150 FF
Sub-Total Task 8.00 " ' 35 3,150 3,150
TASK 9.00 - PERMITS
Task Task Man Avg Catc Prop Fee
# Description Hours Rate Fee Fee Type
9.01 Initial Meeting with Permitting Agencies 20 80 1,600 1,600] FF
9.02 Permit Applications 180 75 13,500 13,500 FF
9.03 Permit Revisions 60 75 4,500 4,500 T&M
9.04 Wildlife/Endangered Species Issues 100 84 8,400 8,400 T&M
Sub-Total Task 9.00 360 28,000 28.00(3
TASK 10.00 - FINAL CONTRACT DOCUMENTS (100% PLANS
Task Task Man Avg Calc Prop Fee
# Description Hours Rate Fee Fee T~
10.01 Final Plans 200 72 14.4001 14,400 FF
t0.02 Final Documents 200 72 14,400 14,400 FF
Sub-Total Task 10.00 400 28,800 28,800
TASK 11.00 - ADVISORY SERVICES
Task Task Man Avg Calc Prop Fee
# Description Hours Rate Fee Fee T~/~e
11.01 Six (6) Sets Bid & Contract Documents 8 , 65 520 520 T&M
11.02 Issue Cornpiate ~ Documents 16 60 960 960 T&M
11.03 Assist County with Pre-Bid ~ 20 91 1,820 1,820 T&M
11.04 Respond to Bidders Inquiries 40 75 3,000 3.0001 T&M
11.05 Prepare Addenda and Issue 40 75 3.000 3,000 T&M
11.06 Assist County w/Bids and Award Contract 20 83 1,660 1.660 T&M
11.07 Attend Pre-Construction ~ 12 86 1,032 1,032 T&M
Sub-Total Task 11.00 156 11,992 11,992
TASK 12.00 - POST DESIGN SERVICES
Task Task Man Avg Calc Prop Fee I
# Description Hours Rate Fee Fee T~I
12.01 FDEP Utility Main Extensi(m Permits 30 75 2,250 2,250 FF
12.02 Site VIsits 416 71, 29.535 29,536 T&M
12.03 Shop Drawings 80 681 5.440 5,440 FF
12.04 Clarifications 120 83 9,960 9,960 FF
12.05 Final Inspection 80 78 6,240 6,2401 FF
12.06 Permit Certifications 60 71 4,260 4.260 FF
12.07 Record Drawings 120 68 8, i50 8,160 FF
Sub-Total Task 12.00 90~ 65,848 65,846
38C
TASK 13.00 - REIMBURSABLES
Task Task No. of Avg Calc Prop Fee
· Deec~ptlon Sheets Rate Fee Fee Type
13.01 24"X36" Ceunty Review Sets (~ 30, 60 go, & 100%
2 sets (~ 100 sheets I~avg) - blue 800 1.50 1,200 1,200 T&M
1 sets (~ 100 sheets (av~l) - myl= 400 S.00 2,000 2,000 T&M
13.02 Utility Company Review Sets - 4 sets (~ 30 sheets 120 1.50 180 180 T&M
1~.04 SFWMD review sets - 14 sets ~ 30 sheets 420 i.50 630 630 T&M
13.06 Right-of-way Maps
Blue 225 1.50 338 338 T&M
M~ars 45 5.00 225 22,~ T&M
13.06 Misc. Copies, deliveries,'a'xl other expenses I 1,000.00 1,000 1,00(] T&M
13.01 New Raster Photo for .OjJtfal! Swales 3 2,710.00 8,138 8,1301 FF
SUb-Total Task 12.00 13,70:~ 13,703]
GRAND TOTAL
Seclim Man Avg Cal,,c Fee
# Description Hours Rate Fee Type
2.00 Basic Design Sen~cee (Tasks 1.00 - 10.00) 5,49(~,, 79 ,431.958
3.00 Basic Design Se~icee (Task 11.00) 156! 77 1 ~1,992
4.00 Basic Design Servicee (Task 12.00) 906 73 65,846
Reimbumables 13,703
GRAND TOTAL 6,556 523,499 523,499
38D
AGNOLI BARBER & BRUNDAGE
LIVINGSTON ROAD - SEGMENT TWO
SUMMARY FEE SHEET
TASK t.00 - ENGINEERING AND LAND SURVEYS
Task Task Man AVl Caic Prop Fee
, # ,, Description Hours Rate Fee Fee T~/pe
1.01 Design Survey 20,570 FF
a, Obtain supplemental topo to update aerials 40 85 3,400
b. Obtain supplemental utilib/information ' 20 85 1,700 FF
c. Outfail ditch sun~ control for photogra~ 182 85 15,470 FF
1.02 Right-of-Wa~/Suwe~/ 14,025
a. Section Ties 65 85 5,525 FF
b. Subdivision Res 100 85 8~500 FF
Sub-Total Taak 1.00 407 34,595 34,595
TASK 2.00 - GEOTECHNICAL SERVICES
Task Task Man AVl Caic PrOP Fee
# Descfil~tion Hours Rate Fee Fee Type
2.01 $oll Borings and L~borator~,-Testing 22,591
a. SPT and Hand ~ S~il Borings 105 6,745 T&M
b. Engineering Services 88 74 6,512 FF
c. Laborato~j T,esting ,.. 10i 84 8,484 FF
Pre~3aration of Sdl Data Shee~ 10 85 850 FF
Sub-Total Taak 2.00 304 22,591 22,591
TASK 3.00 - ROADWAY PLANS
Task Task Man AVl Caic Pro~o Fee
# Descril~on Hours Rate Fee Fee T~e
3.01 Grades and Geometries {30% plans) 41,720
a. Key Map 8 651 520 FF
b. Back of Sidewalk Shee~ 40 701 2,800 FF
;c. Drainage Maps (1' = 200~ 60 80; 4,800 FF
Id. 'Plan and Profile Shee~s {1' - 40') 160 80 12,800 FF
e. ,TypicaJ section Shee~ 60 80 4,800 FF
I=. Cross Section Sheets 160 70 11,200 FF
g. Budge~ Estimate 60 80 4,800 FF
3.02 Baalc Plans (60%) 73,090
a. Key Map . 8 65 520 FF
b. Drainage Map 32 80 2,560 FF
c. T~/plcal Section Shee~s, 40 80 3,200 FF
d. Plan and Prolile Sheats ind. water & Efll. design 180 80 14,400 FF
e, Drainage Structure S~, s 80 75 6,000 FF
f. ,Int ,emection De~ail Shee~s 40! 80 3,200 FF
g. Intersection Profile Shee~s 40 80 3,200 FF
h. Lateral Ditch/Outfall sheats 601 80 4,80(3 FF
i. Cross Section Shest. s 150 70 10,500 FF
'1 j. Preliminary Design of St(~n Water Treatment 80 80 6,400] FF
k. Drainage Tabulations 50 75 3,750! FF
I. Draft Maintenance of Traffic Pian 50 80 4,000 FF
m, Dr'att Bid Documents 50 80 4,000 FF
n. Design Documentation 32 80 2,560 FF
o. Up-Dated Budgel Estimate 50 80 4,0(X) FF
38E
3.03 O~lall Plans 190%) .. 78,020
a. Key Map 8 65 520 FF
b: Drainage Map .... 30 70 2,100 FF
c.. Typical Section Sheets 30 70 2,100 FF
d. Summary of QuantJty Sheet .. 120 . 70' 8,400 FF
e. Summary of Dratnal)e Structure Shee~s 50 701 3,500 FF
f. PIan and profile _She~__._- ind. Water & Effl. design 140 70! 9,800 FF
g. Miscellaneous Sheets 60 70 4,200 FF
h. Drainage Struct,cre Sheets 100 70 7,000 FF
i. Intemection Details and Profilas 100 70~ 7,000 FF
j, Lateral Ditch/Outfall Shpet, s 40 70 2,800 FF
1~ 9,800 FF
I. Completed Storm Water Treatment Design 80 4,800 FF
m. Maintenance of Traffic Plan 100! 80 8,000 FF
n. Design Documentation 60! 80 4,800 FF
o. Signalization Plan coordination 30 80 2~400 FF
p. Street Uf~htir~ Plan coordination 10i 80 800 FF
Sub-Total Task $.00 2,5681 192,8~) 192,83(]
TASK 4.00 - UTILITY RELOCATION PLANS
Task Task Man Avg Caic Prop Fee
# Deec~ipti'on , Hours ,, Rate Fee Fee T~/pe
4.01 Utility Notification 25 75 1,875 1,875 FF
4.02 Utility Coordination 35 75 2,625 2,625 FF
4.03 Final Utility Relocation Plans 90 75 6,750 6,750 FF
Sub.Total Task 4.00 150 11,250 11,250
TASK $.00 - RIGHT, OF-WAY MAPS
Task Task Man Avg Calc Prop Fee
# Dascripl:ion Hours Rate Fee Fee T~
5.01 Right-of-Way MaDs (Praiimina~ & Final) 250 6~ 15,000 15,000 FF
5,02 Legal Descriptions and Parcel Sketches (10) 10 350 3,500 3,500 T&M
Sub-Total Taak 5.00 260 18,500 18,500
TASK 5.00 - SIGNALIZATION PLAN,~
Task Task Man AV~l Calc Prop Fee
# Description Hours Rate Fee Fee T~:)e
6.01 Develop Intersection geom. and X-section design data 144 73 10,512 10,512 FF
6.02 Basic Plans 20,800
a. New signal et Geor~'s Wa~ intersection 80' 65 5,200 FF
b, New signal et Ri~ads Wa~ intersection 801 65 5,200 FF
c. New signal et ~ Blossom intersection 801 65 5,200 FF
d. New signal al. Vanded)ilt Beach Road ihtemectioo 80 65 5,200 FF
8.03 De~ail Plan~ 10,400
a. New signal at ~'~ Wa~ ihtemection 40 65 2,600 FF
b. New signal et Richards Wa~ intersection 40 65 2,600 FF
c. New signal at C~ Bloas~m intersection 40 65 2,600 FF
d. New signal at Vanderbilt Beach Road intemection 40 65 2,600 FF
SubTotal Taak 6.00 624 41,712 41.712
3~F
TASK 7.00 - SIGNING AND MARKING PLANS
Task Task Man AVl Calc Prop Fee
# Deec~iption Hours Rate Fee Fee T~3e
7.00 Signing and Mafldng Plans 240 75 18,000 18,000 FF
Sub-Total Task 7.00 240 18,00C 18,000
TASK 8.00 - STREET LIGHTING PLANS
Task Task Man AVl Calc Prop . Fee
# Desc~pfion Houm Rate Fee Fee T~pe
8.00 Stre~ Lighting Plans 35 90 3,150 3,150 FF
Sub-Total Task 8.00 35 3,150 3,150
, TASK 9.00 - PERMITS
Task ' Task Men AVl Calc Prop Fee
# Desc~ption Hours Rate Fee .Fee Type
9.01 Initial Meeting with Pem~itting Agencies 10 80 800 800 FF
9.02 Pe~nlt Apldica~ons 40 75 3,000 3,000 FF
9.03 Permit Revisions 40 75 3,000 3.000 T&M
9.04 Wildlife/Endangered Species Issues 100' 84 8,400 8,400 T&M
SubTotal Task 9.00 90 15,200 15,20C
TASK 10.00 - FINAL CONTRACT DOCUMENTS (100% PLANS
Task Task Man AVl Calc Prop Fee
# Description Hours Rate Fee Fee T)~3e
10.01 Final Plans 160 70 11,200 11,200 FF
10.02 Final Documents 160 70 11,200 11,200 FF
SubTotal Task 10.00 320 22,400 22,400
TASK 11.00 - ADVISORY SERVICES
Task Task Man AVl Calc Prop Fee
# Description Hours Rate Fee Fee T~/pe
11.01 Six (6) Se{s Bid & ~ Documents 8 (~5 520 520 T&M
11.02 Issue Complate C, ontra~ Documents 16 65 1,040 1,040 T&M
11.03 Assist County with Pre-Bid C~,;~-=nce 20 80 1,600 1,600 T&M
11.04 R ,espond to Bidders Inquiries 40 75 3,000 3,000 T&M
11.05 Prepare Addenda ~ Issue 40 75 3,000 3,000 T&M
11.06 Assist ~ w/Bids and Award Contract 20 80 1,600 1,600 T&M
11.07 Attend P~on ~ 121 80 960 960 T&M
Sub-Total Task 11.00 156 11,720 11.720
TASK 12.00 - POST DESIGN SERVICES
Task Task Man AVl Calc Prop Fee
# Description Houm Rate Fee Fee T~pe
12.01 FDEP Utilib/Main Extension Pem~its 30 75 2,250 2,250 FF
12.02 Sits Visits 416 70 29,120 29,120 T&M
12.03 Shop Drawings 50 70 3,5(X) 3,500 FF
12.04 Clarifications 100 80 8,000 8,000; FF
12.05 Final Inspection 70 80 5,600 5,600 FF
12.06 Permit Certifications 50 70 3,500 3,500 FF
i2.07 Record Drawings 100 70 7,00(3 7,000 FF
Sub-Total Task 12.0{) 816! 58,970 58,970
38G
TASK t$.0~ - REIM~JRSABLES
Task Task Man Av~ Calc Pn~ Fee
Descrtption ~ Hours Rate Fee Fee T~/pe
13.01 24"X36" Cou~ Review Sets ~ 30, 60 90~ & 100% ,.,
2 se~s ~ 100 sheets (avg) - blue 800 1.50 1,200 1,200 T&M
I sets (~! 100 shee[s (avg) - mylar 400 5.00 2,0(X) 2,000 T&M
13.02 UfllltyCornpanyReviewSets-4se~s(~30sheets ,, 120 1.50 180 180 T&M
13.04 SFWMD review sels :, 14 sels (~ 30 sheets 42( 1.50 630 630 T&M
13.05 Right-of-way ~
Blue 225 1.50 338 338 T&M
Mylars 45 5.00 225 225 T&M
13.06 Misc. Copies: deiivaies, and other expensesI 1,000.00 1,000 1,000 T&M
SubTotal Task 12.00 5,573 5,573
GRAND TOTAL
Section 'Man AV~l Caic Fee
# Description' Hours Rate Fee T~3e
2.00 Basic Design Sewices (Tasks 1.00 - 10.00) 4,998 76 380,228
3.00 Basic Design Services (Task 11.00} 156 75 11,720
4.00 Basic Design Services (Task 12.00) ' 816 72 58,970
Reimbursables 5,573
GRAND TOTAL' 5,970 456,491 456.491
38H
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
See the employee hourly rate schedules for each consultant/sub-consultant on the
following pages:
Agnoli, Barber and Brundage, Inc.
Johnson Engineering, Inc.
Law Engineering and Environmental Services, Inc.
Tindale-Oliver and Associates, Inc.
page 39A
page 39B
pages 39C and 39D
page 39E
-39-
FROVI : fMr',/~sonic FFIX SYSlFM PHONE NfL : ~J41%f,[~P;)03 May. 17 1999 11:05t::1M P2
RATE SCHEDULE - EFFECTIVE APRIl. 14, 1999
Registered Engineer/Principal
Sr. Registered Engineer
Registered Engineer
Sr. Design Engineer
Design Engineer
Technician
Permit Coordinator
CADD Designer
CADD Planner
Planning Director
Administrative Planner
Certified Planner AICP
Project Planner/Urban Designer
Project Manager
Project Manager (PBS.)
Project Manager (P.E.)
Sr. Project Manager (P.E.)
Sr. Registered Surveyor
Registered Surveyor
Technician I
Technician I1
Technician II1
Technician 1V
Two Man Survey Crew
Three Man Survey Crew
Four Man Survey Crew
Five Man Survey Crew
GP$ Clew
Contaoller
Design Draftsman
Draftsman
Courier
Clerical I
Clerical II
Bookkeeper
Blueprints 24 x 36
Blueprints 36 x 48
Mylar Sepia 24 x 36
Mylar .Sepia 36 x48
Copies 8-1/2 x ! 1
Copies 8-1 ~ x 14
Copies I 1 x 17
Aerial Target 6'
Aerial Target 12' Ground
Aerial Target 12' Road
Mileage
4-Wheel Mileage
Registered Engineer/Expert Witness
Certified Planner/Expert Witness
Registered Surveyor/Expert Witness
Manager/Expert Witness
M~in Office: 7'1,00 'lamiami Trail N., NL]itc 200, Naplcs, Fh~rlcla 3410g
Lee Cxmnty: 1625 Hcndry .qt., .qt]hc 101. Fort Myers, I-'h,dda 33001
39A
$130.00 }tr.
$105.00 Hr.
$ 88.00 Hr.
$ 77.00 Hr.
$ 66.00 Hr.
$ 42.00 Hr.
$ 72.00 Hr.
$ 70.00 Hr.
$ 70.00 Hr.
$ i l 5.00 Hr.
$115.00 Hr.
$ 88.00 Hr.
$ 72.00 Hr.
$ 83.00 Hr.
$ 105.00 Hr.
$110.00 Hr.
$115.00 Hr.
$ 10500 Hr.
$ 77.00 Hr.
$ 50.00 Hr.
$ 55.00 Hr.
$ 66.00 Hr.
S 72.00 Hr.
$ 88.00 Hr.
$ 99.00 Hr.
$ ! I 0.00 Hr.
$121.00 Hr.
$200.00 Hr.
$ 72.00 Hr.
$ 50.00 Hr.
$ 40.00 Hr.
S 22 00 Hr.
$ 40.00 HT
$ 45 O0 Hr.
$ 55.00 Hr.
$ 150 Ea.
$ 2.50 Ea.
$ 15.00 Ea.
$ 20 O0 Ea.
$ .05 Ea.
$ 07 Ea.
$ .10 Ea.
$ 7.00 Ea.
$ 14_00 Ea.
$ 21.00 Ea.
$ .31 Mi.
$ .50 Mi.
$220.00 tlr.
$220.00
$220M0 Hr.
$220 00 Hr.
FAX (941) 566-220.g
FAX. (941 ) .g.g4. ! ] 75
(9411 597-.411 !
(941) 334 ] 173
FROH : Pdr,asonic Ff~X SYS]'EM PHONE NO, : 9415662283 Matj. 17 1999 11:061qM P3
JOHNSON ENGINEERING, INC.
PO~NCtANA PARK · sorrE
2ro40 GOLDEN GATE pKWY.
TELEPHOHE ~941 ) 43443333
T--LECOP;ER ~941 ) 43~9320
NAPLES. FLORIDA
341C5
PROFESSIONAL SElf VICES
Enginee~ VI
Engineer V
Engineer IV
Engineer Ill
Engineer I1
Enginc~ I
Engineering Tcchmcian VI
Engineering Tcchnician V
Engineering Technician IV
Engineering Techmcian
Engineering Technician II
Engineering Technician 1
Surveyor and Mapper V
Surveyor and Mapper IV
Surveyor ,and Mapper 11I
Surveyor and Mapper
Surveyor and Mapper 1
Survey Technician VI
Survey Technician V
Survey Tcchmcian [V
Survey Technicmn III
Survey Techniman I1
Survey Tectmiclzn 1
Two Man Field Party
Thrcc Man Field Party
Four Man F'ield Party
Project Dircctor
Planner
Project Services IV
Project Services Ill
· 'l~x)jectServ~ccs 11
Project Serviccs
Ecologist V
Ecologist IV
Ecologis~
Ecologist II
Ecologist I
Expert Witness
CADD SYSTEM
Computer Terminal
Digitizer Terminal
Plotter Terminal
Total Station Terminal
PRINTS
MA TE~AL~;
ALL OTHER SERVICES
RATE SCHEDULE
Effective July 1,199S
39B
ENGINEERS. SURVEYORS AND ECOLOGISTS
15.00 Per Hour
98.00 Per Hour
92.00 Per Hour
80.00 Per Hour
70.00 Per Hour
58.00 Per Hour
70.00 Per Hour
58.00 Pe~ Hour
50.00 Per Hour
44.00 Per Hour
39.00 Pcr Hour
31.00 P~ ttour
97.00 Per Hour
82.00 per Hour
72.00 Per Hour
65.00 Per Hour
58.00 Pc~ Hour
65.00 Per Hour
58.00 Per Hour
50.00 Pcr Hour
44.00 Pet Hour
3900 Per Hour
31.00 Per Hour
85.00 Per Hour
06.00 Pet Hour
$ 106.00 Pe~ Hour
$ 102.00 Per Hour
$ 7500 Per Hour
$ 72.00 Pcr Hour
$ 62.00 Pct Hour
$ 5400 Pcr Hour
$ 47.00 Pet Hour
$ 95.00 Per Hour
$ 7500 Per l-lout
$ 68.00 Pcr Hour
$ 55.00 Pc~ Hour
$ 45.00 Pc, Hour
S 144.00 Per Hour
8.00
0.7.5
3 O0
035
Per Hour
Per Min
Pcr Min
Per Min
Cost
Cost * 10%
Cost + 10%
LAW ENGINEERING AND ENVIRONMENTAL SERVICES. INC.
1999 Schedule of Fees
I. Personnel
Charges will be made at the following rates for time spent in project management, consultation
or meetings related to the project, conducting field inspections, sampling, evaluations, review
and analysis of field and laboratory data, report preparation and review, design, travel time, etc.
Time spend on projects in litigation, in depositions and providing expert testimony will be
charged at the standard rate time 1.5. Technician and Support Personnel time for work over 8
hours per day and on holidays, Saturday and Sunday will be charged at the standard rate time
1.5.
A. Engineering/Science Technician 1
(Engineering, Asbestos, Environmental, Laboratory, Roofing, Metals)
Rate Per Hour
Associate Technician
Project Technician
Senior Technician
ASNT Level I
ASNT Level II (AWS/CWI)
ASNT Level III
API Certified Technician
API Field Service Supervisor
B. Professional
Staff- Architect, Engineer, Geologist, Scientist
Project - Architect, Engineer, Geologist, Scientist, Project Manager
Senior - Architect, Engineer, Geologist, Scientist, Project Manager
Principal - Architect, Engineer, Geologist, Scientist, Project Manager
Chief Engineer
C. Support Personnel
Word Processor
Administrative Assistance
CADD Operator
Drafter
Technical Writer
34.00
46.00
50.00
36.00
46.00
60.00
50.00
60.00
69.00
84.00
100.00
115.00
125.00
38.00
49.00
40.00
48.00
79.00
'99FEESD.DOC
39C
II. Drilling
Rate
Soil Test Borings, 0 to 25 feet, per foot, includes grouting
Soil Test Borings, 25 to 50 feet, per foot, includes grouting
Soil Test Borings, 50 to 75 feet, per foot, includes grouting
Casing, to maintain circulation of drilling fluids, per foot
Minimum charge per soil boring
Mobilization, truck-mounted drill rig, each
Mobilization, all terrain mounted drill rig, each
Stand by or difficult moving time, per hour
$10.00
10.50
11.25
4.75
50.00
250.00
450.00
150.00
"~'~FE~-Sr~.t~OC 39D
TINDALE-OLIVER AND ASSOCIATES, INC.
WAGE AND SALARY RATES
LIVINGSTON ROAD DESIGN STUDY
HOURLY RATES FOR CONTINGENCY WORK BY JOB CLASSIFICATION
~ Burdene
d Hourly
Classification Rate
Principal $51.7§ ! $149.65
Pr_c.,.iect Mana~ter $48.83 i$141.10
Chief Transportation. Enc,:jineer/Plan~er $44.421 $'I 28.34
Senior Transportation Enc)ineer/Planner I 539.49! $114,11
I
$24.12
Er,~inear/Planner $69.70
ISenio.r Planning Tecl3IGIS Analyst i $17.06i $49.28
i~E~lineerir,~l/Planning Technician ' '. $12.42J $35.87
!iAdmin/Clerical ___: _ . i $11.191 $32.33
Principals:
Steven A. Tinda!e, P.E.
W.E. Oliver, P.E., PTOE
Project Managers:
Robe~ P. Wallace, P.5.
Chief Transporta:ion EngineerlPlanre,~s:
Bill Ball, AICP
Doug Coxon
Semor Transpo~tafio~ Planners:
W.E. Roil, AICP
Ma~soud Atari
Engineer/Planner:
C.A Roark, EIT
D~ug Zarag3za
1999 Staff Classification
Senior Planning Tech/GIS
Wally 9lain
Mike Raysor
Planning/Engineering Technicians:
Conrad Campbell
Peter Maas
Jackie Valle jo
Brian Backer
Lexa Palacio
Charles Hubbard
Admin/Clerical:
Hope Tomaselli
Tammy Cordero
Linda Tindale
Penny Oliver
05.¢07/99
39E
SCHEDULE C
PROJECT SCHEDULE
The following project schedule is included to serve as the baseline schedule for meeting
milestone dates as identified in Section A.3. As stated in Section A.3.1. the CONSULTANT is
responsible for providing a detailed project schedule and updating it on a monthly basis.
-40-
PUBLIC WORKS ENGINEERING DEPARTMENT
PROJECT PERIrORMANCE GRAI'll
(Fiscal Year Starts October lsO
Fask Name
Pre-Design
Dill'
19w
124w
Start
1 / 15/99
5/28/99
Finish
5/27/99
10/11/01
Project 60071
Design 60w 5/z8/99 7/20/00
30% Design 8w 5/28/99 7/22/99
60% Design
90% Design
100% Design
Bid Process
Construction
7/23/99
12/24/99
6/23/00
7/21/00
! 0/13/00
22w
- 26w
4w
52w
2/23/99
6/22~00
7/2O/00
O/12/00
10/11/01
10/11/01
Substantial Completion 4w 9/14/01
Right-of-Way Acquisition 48w 7/23/99 6/22/00
Permits 26w 12/24/99 6/22/00
2002
1999 [__ 2000 2001
Ian [Apr{ Jul [Oct.
Project: Livingston Road (CR 881)
Golden Gate Parkway to Vanderbilt Beach Road
CIE Numbers: 052 & 58 Project Numbers: 60071 & 62071
Task
Progress
Milestone
Summary
Rolled Up Task
Rolled Up Milestone
Rolled Up Progress
5/10/99 Page 1
PUBLIC WORKS ENGINEERING DEPARTMENT
PROJECT PERFORMANCE GRAPH
(Fiscal Year Starts October IsO
1999 2000 2001 2002
ID TaskName Dur Start Fiuish Oct Jan Apr JulIOct Jan Apr JullOct Jan AprlJulIOctiJanlAprlJul]Oct
13 Project 62071 175w 5/28'/99 10/3/02 iv
14 "Design 103w 5/28/99 5/17/01
16 60% Design 26w 2/25/00 8/24/00~ll ~i
17 90% Design 34w 8/25/00 4/19/01 i l
18 100% Design 4w 4/20/01 5/17/01 ~ ,
19 Bid Process 12w 7/6/01 9/27/01 ' i i
20 Construction 53w 9/28/01 10/3/02 ~.
21 Substantial Completion 4w 9/6/02 10/3/02 ~' ~
22 Right-of-Way Acquisition 56w 5/19/00 6/14/01~ ,. ~
23 Permits 26w 8/25/00 2/22/01 [ I~
Task ~ Rolled Up Task
Project: Livingston Road (CR 881) Progress I Rolled Up Milestone
Golden Gate Parkway to Vanderbilt Beach Road
CIE Numbers: 052 & 58 Project Numbers: 60071 & 62071 Milestone ,~ Rolled Up Progress
Summary ~,
5110/99 Page 2
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents.
(2) The insurance required by this Agreement shall be written for not less than the limits
spe.cified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the work until the date of completion and acceptance of the Project by the Owner or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the
Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under, the
policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice
has been given to the Owner.
(5) All insurance coverages of the ContractodConsultant/Professional shall be primary to
any insurance or self insurance program carried by the Owner applicable to this Project.
(6) The acceptance by Owner of any Certificate of Insurance does not constitute
approval or agreement by the Owner that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
-41-
(7) ContractodConsultant/Professional shall require each of its subcontractors to procure
and maintain, until the completion of the subcontractor's work, insurance of the types and to the
limits specified in this Section unless such insurance requirements for the subcontractor are
expressly waived in writing by the Owner.
(8) Should at any time the ContractodConsultant/Professional not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole discretion
shall be authorized to purchase such coverages and charge the Contractor for such coverages
purchased. The Owner shall be under no obligation to. purchase such insurance, nor shall it be
responsible for the coverages purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor / Consultant /
Professional shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be considered
justification for the OWNER to terminate the Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required bythis Agreement? (checkone) X Yes
No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the Contractor/Consultant/ Professional during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of Florida.
The amounts of such insurance shall not be less than:
-4:2-
a. Worker's CompenSation - Florida Statutory Requirements
b. Employers' Liability (check one)
X
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work. (check one)
Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work. (check one)
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required bythis Agreement? (checkone) X Yes
No
-43-
(1) Commercial General Liability Insurance shall be maintained by the
ContractodConsultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the Owner of the work under this Agreement. Limits of Liability shall not be less than the
following: (check one)
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$300,000
$300,000
$300,000
$300,000
$ 50,000
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$500,000
$5OO,OOO
$500,000
$500,000
$ 50,000
X
General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
Fire Damage
$1,000,000
$1,ooo,ooo
SI,000,000
$1,000,000
$ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording, "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you."
-44 -
(3) If the General Liability insurance required herein is issued or renewed on a "claims
made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no
later than the commencement date of the Project and shall provide that in the event of
cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall
be no less than three (3) years.
(4) The Owner shall be named as an Additional Insured and the policy shall be endorsed
that such coverage shall be primary to any similar coverage carried by the Owner.
(5) Coverage shall be included for explosion, collapse or underground property damage
claims.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement. (check one)
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
X Applicable ~ Not Applicable
(CONSULTANT shall provide COUNTY with acceptable insurance certificate(s) from aerial sub-
consultant once the aerial sub-consultant is selected.)
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable. (check one)
-45-
Applicable X Not Applicable
(2) The Owner shall purchase and maintain in a company or companies lawfully
authorized to do business in the State of Florida and in Collier County, property insurance in the
amount of the initial Contract Sum as well as subsequent modifications thereto for the entire
Work at the site on a replacement cost basis without voluntary deductibles. Such property
insurance shall be maintained, unless otherwise provided in the Contract Documents or
otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other than the Owner has an
insurable interest in the property required to be covered, whichever is earlier. This insurance
shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and
Material Suppliers in the Work.
(3) Property insurance shall be on an all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including, without duplication
of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary
buildings and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and, at the Owner's option, shall cover reasonable compensation for
Professional's services and expenses required as a result of such insured loss. At the Owner's
option, flood insurance will also be purchased.
(4) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor
for any deductible associated with the all-risk policy described above shall be limited to a
maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of
the Contract Documents. The responsibility of the Contractor for any deductible associated with
the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum
-46-
of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the
Contract Documents.
(5) This property insurance shall cover portions of the Work stored off the site after
written approval of the Owner at the value established in the approval, and also portions of the
Work in transit.
(6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insUrance required by the Contract Documents or by law,
which shall specifically cover such insured objects during installation and until final acceptance
by the Owner. If purchased this insurance shall include interests of the Owner, Contractor,
Subcontractors and Sub-subcontrators in the Work.
(7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each
other and any of their subcontractors, sub-subcontractors, agents and employees, each of the
other, and (2) the Professional, Professional's consultants, for damages caused by fire or other
perils to the extent covered by property insurance obtained pursuant to this or other property
insurance applicable to the Work, except such rights as they have to proceeds of such
insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by
endorsement or otherwise.
(8) A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may
appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for the
following maximum deductibles per occurrence per paragraph (3) above. (check one)
~47 -
All Risk Policy - $1,000 maximum deductible
All Risk Policy - Maximum deductible of $
Flood Policy - $1,000 maximum deductible
Flood Policy - Maximum deductible of $
AUTOMOBILE LIABILITY INSURANCE
Required bythis Agreement? (checkone) X Yes
No
(1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant /
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle
with limits of not less than: (check one)
Bodily Injury & Property Damage - $ 500,000
Bodily Injury & Property Damage - $1,000,000
(2) The Owner shall be named as an Additional Insured under the policy.
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers'
Liability, Commercial General Liability and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
-48-
(3) The General Aggregate limit, if applicable, shall apply separately to this project and
the policy shall be so endorsed.
PROFESSIONAL LIABILITY INSURANCE
Required bythis Agreement? (checkone) X Yes
No
(1) Professional Liability Insurance shall be maintained by the Consultant/Professional to
insure its legal liability for claims arising out of the performance of professional services under
this Agreement. Such insurance shall have limits of not less than: (Check One)
X
$ 500,000 each claim and in the aggregate
$1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
$ each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
Consultant/Professional and shall not be greater than $50,000 each claim.
(3) The ConsultantJProfessional shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the Owner.
END OFSCHEDULE D.
-40-
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Agnoli, Barber and Brundage, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the professional engineering design and
environmental permitting services of the CONSULTANT to be provided under the Professional
Services Agreement, concerning Livingston Road (G.G. Parkway to Pine Ridge Road - County
Project No. 60071 and. Pine Ridge Road to Vanderbilt Beach Road - County Project 62071) are
accurate, complete and current as of the time of contracting.
AGNOLI, BARBER AND BRUNDAGE, INC.
Daniel W. Brundage, P.E.
President
Revised: JUNE 3, 1997 AC
-.50-
June 8, 1999
Item #16B7
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER,
P.C., RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION, CONTRACT 96-2474, PROJECT 73031 - IN THE AMOUNT OF
$78,360.00
Page 66
NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT $ MGD EXPANSION
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 5 to the Agreement dated May 14, 1996 (hereinafter
"AGREEMENT") is made and entered into this ~ day of ~ , 19 ~/~ , by
and between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter
referred to as the "OWNER") and Hazerl & Sawyer, P.C., a New York corporation, authorized to
do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca
Raton, Florida 33431 (hereinafter referred to as the "CONSULTANT").
WlTNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional services
agreement for the provision of professional services for the NORTH COUNTY REGIONAL
WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as
"PROJECT"), said services more fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications to the services being
contemplated under said AGREEMENT are necessary; and
WHEREAS, CONSULTANT represents that he has the expertise and the type of
professional services that will be required for completion of the project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, parties agree as follows:
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of
the project to which this Amendment applies.
1.2 ' CONSULTANT shall provide professional services in addition to those as outlined in said
AGREEMENT as noted in Schedule A of this Amendment, as attached hereto.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and
Schedule of Fees For Additional Services (B attachment C)", as outlined in said AGREEMENT
with the modifications to Attachments A and C to said AGREEMENT which are attached hereto
and made a part hereof.
ARTICLE THREE
3.1
The schedule for said Project, shall be as shown in the revised Schedule C as attached
hereto.
ARTICLE FOUR
4.1 The AGREEMENT, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF. the parties hereto have executed this Amendment to
Professional Services Agreement for the NORTH COUNTY REGIONAL WASTEWATER
TREATMENT PLANT $ MGD EXPANSION the day and year first written above.
ATTEST: (As to Chairman)
AtteSt .as to Chat~'i-~ ~ature ~ 1 $.
Dw. ight E.' Brock, Cl§rk '
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE ~.T,~T,.~,
OF FLORI DA AND AS EX-OFF!,,CIO ;TH E., ","
GOVERNING B~Q~.E'COLLIER.,, i ',.
~Vitness
COLLIER COUNTY PUBLIC WORKS
NORTH REGIONAL WATER RECLAMATION FACILITY
5-MGD EXPANSION
CONTRACT AGREEMENT
CONTRACT AMENDMENT NO, 5
SCHEDULE A- SCOPE OF SERVICES
The Scope of Services as provided in the Professional Services Contract Agreement dated May 14,
1996 shall be amended as follows:
The current Contract Documents include plans and specifications to replace the existing
chlorine gas system with an On-Site Hypochlofite Generation System and a Sodium
Hypochlorite Solution Storage/Feed Facility. The Sodium Hypochlorite Solution Storage/Feed
Facility is designed to accommodate the generated solution at a concentration of 0.6 to 0.8
percent.
.2.
The Contract Documents shall be modified to include base bid and additive bid alternate
designs for the new hypochlorite system.
Base bid documents shall be revised to modify the Hypochlorite Storage/Feed System. In
lieu of generated 0.6 to 0.8 percent solution, the storage/feed system shall be modified to
accommodate a 10 to 12 percent hypochlorite solution purchased in bulk quantities by the
County.
The existing Contract Documents shall be revised and/or expanded to include the On-Site
Generation System as an additive alternate bid item.
A detailed description of the proposed modifications and additions to the Contract Documents
are included in the attached meeting minutes, referenced as Schedule A, Attachment A.
These Service's described above in Schedule A s[~all be provided in accordance with the
Professional Services Contract Agreement dated May 14, 1996.
All other requirements of the original Contract Agreement shall remain as-is except as amended,
4243C033:03-10-99
COLLIER COUNTY PUBLIC WORKS
NORTH REGIONAL WWTF 5-MGD EXPANSION
CONTRACT AMENDMENT NO. 5
SCHEDULE A - ATTACHMENT A
MEETING MINUTES
Date of Minutes: February 1, 1999
Date of Meeting:
Location:
January 22, 1999
Collier County Public Works
Attendees:
County HMA
Pete Schalt
Karl Boyer
Dennis Barnard
Dale Wailer
Bob Burbrink
Distdbution:
Attendees
Kurt Pfeifer
Don Williams
Kris Jain
Albert Muniz
Gary Bors
File 4243 - 3.3.2
The primary purpose of the meeting was to discuss the sodium hypochlodte (bleach)
generation system. Other items were discussed that will impact the project.
Sodium Hypochlorite Generation System
1. It was decided to change the Drawings and Specifications for the NCRWRF 5-MGD
Expansion to eliminate the sodium hypochlorite (bleach) generation system. There will
be no alternative, either additive or deductive, for the bleach generation system.
Drawings and Specifications are to be revised before being issued to plan rooms,
bidders, and others. The bid opening will be delayed.
A proposal for the additional work,, including cost and time, shall be submitted to County
PWED. The revised date for bid opening will depend upon the time required to prepare
revised Drawings and Specifications. There was no agreement or directive relative to
the time required to prepare revised Drawings and Specifications. The County
recognized that the delay could not be determined until after the engineering proposal
Boca: 4245MO06
Contract Amendment No. 5
Schedule A - Attachment A
Meeting Minutes
February 1, lggg
Page 2 of 4
is submitted and accepted. In general terms it was agreed that the time delay would be
3 to 5 weeks following the County's approval of the engineering proposal.
Collier County Purchasing Department will send out a notification that the bid opening
will be delayed. HMA will return checks for Drawings and Specifications that have been
received, or will receive before everyone is aware of the delay. Copies of the letters
returning the checks will be forwarded to Hazen and Sawyer.
The elimination of the sodium hypochlorite (bleach) generation system results in the
following changes to the project; as described in Items 6 through 15 below:
o
Structural changes to the existing Chlorine Building will be deleted from the project.
The existing chlorination equipment will be removed from the Chlodne Building. No
provisions will be made in the Chlodne Building for future sodium hypochlorite
generators or any other future use of the building.
The new electrical service and other electrical work for the sodium hypochlorite (bleach)
generation system will be deleted from the project, (There was no discussion regarding
the relocation of the generator from the Reuse Water Pump Station to the "Old"
Electrical Building, which is included in the Contract with Milmir Construction for the
Modifications to the Reuse Water Pump Station).
The brine tank at the existing alum feed facility will be eliminated. Yard piping changes
relative to the sodium hypochlorite (bleach) generation system will be deleted. The fuel
piping from the existing fuel tank to the relocated generator will be deleted.
Instrumentation for the sodium hypochlorite (bleach) generation system will be deleted.
The elimination of the sodium hypochlorite (bleach) generation system will impact the
Sodium Hypochlorite Solution Feed Facility. The Sodium Hypochlodte Solution Feed
Facility will be changed to feed commercial strength sodium hypochlorite with
provisions to be converted to feed on-site generated sodium hypochlorite in the future.
Changes to the Sodium Hypochlorite Solution Feed Facility include the following:
Provide "smaller" NaOCl Pumps. (The pumps will still be peristaltic pumps but
will be smaller).
Delete the NaOCI storage tank blowers, air piping, and airflow switches.
(Connections for future air supply will be provided on the NaOCI storage tanks.
Blind flanges will be installed on the connections.)
Delete the switch modules from the visual level indicators on the NaOCI storage
tanks.
Boca:4245M006. DOC6
Contract Amendment No. 5
Schedule A - Attachment A
Meeting Minutes
February 1, lggg
Page 3 of 4
do
Delete the plant service water connection, including the magnetic flow meter, to
the NaOCI return line to the NaOCI storage tanks.
e. Delete the magnetic flow meters on the NaOCI pump discharge piping.
Revise the suction and discharge piping for each NaOCI pump based on the
"smaller" pumps.
go
Revise the NaOCI supply piping to provide a capped connection for a future
generation system.
10. The NaOCI storage tanks will not be changed.
11.
The structure for the Sodium Hypochlodte Solution Feed Facility will not change. The
NaOCI pump bases will change, and the bases for the NaOCI storage tank blowers will
be eliminated.
'12.
The electrical work and controls for the Sodium Hypochlorite Solution Feed Facility will
be impacted by the above changes.
13. Yard piping relative to the Sodium Hypochlodte Solution Feed Facility will not change.
14.
The change from on-site generated sodium hypochlorite to commercial sodium
hypochlorite will impact the odor control systems. As we discussed, it is intended that
the basic concept and arrangement for pumping sodium hypochlofite from the Sodium
Hypochlorite Solution Feed Facility to the odor control systems will not change.
15.
There will be significant changes to the specifications resulting from the elimination of
the sodium hypochlorite (bleach) generators including the following:
Bid Proposal
Summary of Work (including work sequence)
Sodium Hypochlorite Generation System (delete Section)
Peristaltic Sealless Hose Pumps (Manufacture for "smaller" NaOC1 pumps will be
different from manufacturer for belt press feed pumps. Only the belt press feed pumps
will be single source. Therefore, two Sections for peristaltic sealless will be required,
and the proposal from TSC will have to be revised.)
Glass-Fiber-Reinforce Thermoset Resin Chemical-Resistant Tank (revise to include
visual level indicators without switch modules)
Fuel Piping (delete Section)
Electrical Specifications
Instrumentation Specifications
Boca: 4245MOO6.DOC6
Contract Amendment No. 5
Schedule A - Attachment A
Meeting Minutes
February 1, lggg
Page 4 of 4
Other Items
The other item discussed during the meeting was the digested sludge pumps. The NCRWRF
staff has already replaced the digested sludge pumps and requested that the new pumps be
deleted from the project. This will impact Mechanical, Electrical, and Instrumentation Drawings
and the following Specifications:
Bid Proposal
Summary of Work (including work sequence)
Digested Sludge Pumps (delete Section)
Electrical Specifications
Instrumentation Specifications
-END OF MINUTES-
Boca: 4245MOO6.DOC6
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Contract Contract
Original Amendment Amendment
Phase Contract Nos. 1-4 No. 5 Total
A. 1 Design Report $110,000 $ 0 $0 $110,000
A.2 Preliminary Design $ 585,000 $12,250 $0 $597,250
A.3 Final Design TBD $928,875 $0 $928,875
A.4 Construction Bid Services TBD $ 55,600 $0 $55,600
A.5 Construction Contract Administration TBD $389,000 $0 $389,000
Subtotal $ 695,000 $1,385,725 $0 $2,080,725
Note: TBD = To Be Determined
4243L081:05-03-99
Ph.~se
A.6
A.7
Subtotal
SCHEDULE B - ATTACHMENT C
SCHEDULE OF FEES FOR ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
' Contr~t Contract
Odginal Amendment Amendment
Contract Nos. 1-4 No.~_
Detailed O~ervation TBD $793,820 $0
Additional Services
1. Opera~1ons Manual Update TBD $75,000 $0
2. Operator Training TED $20,000
3. Process Startup Assistance TBD $26,100 $0
4. Permitting Services $10,000 $5,000 SCl
5. Surveying $ 25,000 $ 0 [ $0
6. Laboratory Testing and Geotechnical Services $10,000 $ 30,000 $0
7. Reproduction $ 5,000 $2,750 $2,250
8. Photographs TIeD $2,0D0 $0
9. Postage TBD $3,000 $43
10. One year Operations follow up services TBD $50,000 $0
11. System Integration Assistance TBD $275,000
12. SRF Funding Management TBD $110,000 $0
13. Warranty Tied $20,000 $0
14. Sodium Hypochlorite Design Modifications $0 $0 $76,110
$ 50,000 $1,412,670 $78,380
Tgt~[
$793,820
$95,000
$20,000
$26,100
$15,000
$25,000
$40,000
$10,000
$2,0OO
$3,000
$50,000
$275,000
$110,OOO
$20,000
$76,110
$1,541,030
Nate: TBD m To Be Determined
4243LO82:OS.18-g9
June 8, 1999
Item #16B8
REPORT TO THE BOARD ON THE RESULTS OF THE ANNUAL COUNTY-WIDE TRAFFIC
SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM - STAFF TO
PROCEED WITH THE IMPLEMENTATION OF THE WORK AS PROPOSED
Item #16B9
REAL ESTATE SALES AGREEMENT FOR LOT 8 & ONE HALF OF 9, LOCATED WITHIN
BLUE HERON LAKE PARK, AN UNRECORDED PLAT
Page 67
JUN - B 1999
REAL ESTATE SALES AGREEMENT
THIS AGREEMENT made and entered into this __~-~day of~'~ ~_~', by and
between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT OF
COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112, hereinafter referred to as SELLER, and EMILIO VELAZQUEZ, a married man ·
and PABLO VELAZQUEZ, a single man, whose mailing address is 17018 Blue Heron Drive,
Naples, Florida 34114, hereinafter referred to as BUYER.
WHEREAS, SELLER desires to sell, and BUYER desires to pumhase, the property
described in Exhibit "A", attached hereto and made a part hereof, at the pdce and on the
terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter
set forth and other good and valuable consideration, the receipt and sufficiency of which are
hereby mutually acknowledged, it is agreed by and between the parties as follows:
The real property which is the subject of this Agreement is legally described in Exhibit
"A", (hereinafter "Property").
2. SALE and CONVEYANCE
SELLER agrees to sell and convey the Property to BUYER, and BUYER agrees to
purchase the Property from SELLER, at the price and upon the other terms and conditions
hereinafter set forth:
TITLE
Title to the Premises shall be conveyed to BUYER by Statutory Deed.
4. PURCHASE PRICE
The Purchase Price ("Purchase Price") for the Premises shall be TEN THOUSAND
($10,000) DOLLARS, (U.S. Currency), payable by BUYER to SELLER as follows:
A. Concurrently, with the execution hereof, BUYER shall pay to SELLER, as an
earnest money deposit ("Deposit") the sum of ONE THOUSAND ($1,000) DOLLARS, in cash
or certified check, representing ten percent, (10%), of the Purchase Price.
B. The balance, after credit for the Deposit, shall be paid by BUYER to SELLER in
cash or,c/ertified check at closing.
5. DISCLAIMER OF WARRANTIES; "AS IS" CONVEYANCE
A. BUYER warrants and acknowledges to and agrees with SELLER that BUYER is
purchasing the Premises in an "AS IS" condition and specifically and expressly without any
warranties, representations or guarantees, either express or implied, of any kind, nature, or
type whatsoever from or on behalf of the SELLER.
B. BUYER acknowledges that BUYER has made and/or has been given an adequate
opportunity to make such legal, factual and other inquiries and investigations as BUYER
deems necessary, desirable or appropriate with respect to the Premises.
C. Without in any way limiting the preceding paragraphs, BUYER acknowledges and
agrees that they hereby waive, release( and discharge any claim that they have, might have
had, or may have against the SELLER with respect to the condition of the Premises.
D. Buyer represents and warrants that they have the power and authority to execute,
deliver and perform this Agreement.
3LJ N o 8 1999
6. PRORATIONS AND ADJUSTMENTS
A. The following items shall be prorated and adjusted between SELLER and BUYER
as of midnight of the day preceding closing:
1. All installments of special assessments payable after the closing, whether for
work commenced as of the closing or otherwise, shall be paid exclusively by BUYER.
2. All other items required by any other provision of this Agreement to be prorated
or adjusted.
B. At the closing, the amount of proration and adjustments as aforesaid shall be
determined or estimated to the extent practicable and the monetary adjustment shall be
made between SELLER and BUYER. All such prorations and adjustments shall be final.
C. BUYER hereby agrees to indemnify and hold harmless SELLER from and against
each obligation of SELLER for which, and to the extent that, credit has been given to BUYER
at the time of closing.
7. DEFAULT: TERMINATION
A. If BUYER defaults, SELLER's sole remedy shall be to terminate this Agreement by
giving Written Notice thereof to BUYER and neither party shall have any further liability or
oblEJation to the other.
B. If SELLER defaults hereunder and such default has not been cured within thirty (30)
days after written notice of such default to SELLER, and provided BUYER is not in default,
BUYER may terminate this Agreement, whereupon the Deposit shall be promptly returned to
BUYER and neither party shall have any further liability or obligation to the other.
Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be
BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any
other remedy.
Any and all costs and expenses incurred by SELLER in connection with this transaction
(excepting SELLER'S attorneys' fees), including, without limitation, recording fees,
conveyance fees, settlement fees, closing costs, and transfer, documentary and intangible
taxes of every nature and kind whatsoever, shall be borne and paid by BUYER.
9. INTERMEDIARIES
A. BUYER represents to SELLER that there is no broker, finder or intermediary of any
kind whom BUYER has been contacted by or dealt with in connection with this transaction.
B. BUYER agrees to indemnify and hold harmless SELLER against and from all
claims, demands, causes of action, judgments and liabilities which may be asserted or
recovere~d, for fees, commissions or other compensation claimed to be due to any broker,
finder o~ intermediary with whom BUYER may have dealt in connection with the transaction,
including costs and reasonable attorneys' fees incident thereto.
C. This provision shall survive closing.
10. CLOSING
Closing shall take place during normal business hours at the Real Property
Management Department, Collier County Courthouse, 3301 East Tamiami Trail, Naples,
Florida, 34112 or such other location as SELLER may select, within sixty (60) days after
execution of the Real Estate Sales Agreement between BUYER and SELLER.
11. GENERAL PROVISIONS
A. This 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.
B. This Agreement may be amended only by a written memorandum subsequently
executed by all of the parties hereto.
JUN - 8 {999
C. No waiver of any provision or condition of this Agreement by any party shall be
valid unless in writing signed by both parties. No such waiver shall be taken as a waiver of
any other or similar provision or of any future event, act or default.
D. Time is of the essence of this Agreement. In the computation of any period of
time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal
holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal
holiday.
E. In the event that any provision of this Agreement shall be unenforceable in whole
or in part, such provision shall be limited to the extent necessary to render the same valid, or
shall be excised from this Agreement, as circumstances require, and this Agreement shall be
construed as if said provision had been incorporated herein as so limited, or as if said
provision had not been included herein, as the case may be.
F. Headings of paragraphs are for convenience of reference only, and shall not be
construed as a part of this Agreement.
G. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto, and their respective heirs, executors, personal representatives, successors and
assigns, provided, however, that this Agreement may not be assigned by BUYER without the
prior express written consent of SELLER, which consent may be withheld for any reason
whatsoever.
H. Any and all notices permitted or required to be given hereunder shall be in wdting
to the parties at the addresses set forth on page I and shall be either personally delivered to
the party or shall be sent by United States mail, postage prepaid, registered or certified mail.
Any such notice shall be deemed given and effective upon receipt or refusal of delivery
thereof by the primary party to whom it is to be sent.
I. This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
J. This Agreement may be executed in any number of counterparts, any or all of
which may contain the signatures of less than all of the parties, and all of which shall be
construed together as but a single instrument.
K. In the event of the institution of legal proceedings in connection with the
enforcement of this Agreement, the party prevailing therein shall be entitled to recover the
costs and expenses incurred in connection therewith, including, without limitation, reasonable
attorneys' fees.
L. Possession of the Premises shall be delivered to the BUYER at closing.
M. The word "Closing', or words of similar import as used in this Agreement, shall be
construed to mean the originally fixed time and closing date specified herein or any
adjourned time and date provided for herein or agreed to in writing by the parties, or any
earlier date permitted herein.
N. This Agreement is between SELLER and BUYER and no other party shall, under
any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be
performe~d by SELLER pursuant to this Agreement. ~
O.XAII of the parties to this Agreement have participated fully in the negotiation and
preparation hereof; and, accordingly, this Agreement shall not be more strictly construed
against any one of the parties hereto.
P. Neither this Agreement nor any memorandum or evidence hereof shall be
recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall
be deemed ipso facto canceled and terminated, the Deposit shall thereupon be retained by
or paid to SELLER as liquidated damages for such default, and BUYER shall have no further
interest in the Premises, pursuant to this Agreement or ~otherwise.
Q. Any prior agreements, representations, understandings or oral statements,
including, but not limited to rendering or representations contained in sales brochures, maps,
sketches, advertising or sales materials, and oral statements of sales representatives, if not
expressed in this Agreement, are void, have no effect, and have not been relied upon by
BUYER.
JUN - 8 1999
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written.
AS TO SELLER:
DATE: ~.~,~ ,?, / ,%%e
sl~aata'e
THE BOARD OF COUNTY COMMISSION~.
COLLIER COUNTY, FLORIDA AS THE..'""
GOVERNING BODY OF COLLIER C(~'UNTY, :" ..""-
AND AS EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER
DISTRICT OF COLLIER COUNT~-.:, FLORIDA .i:
~ :~, ..:,: , ,..,,.
. . · - ! I ...... It,. ' . .~
PAMELA S. MAC.,'KIE, CHAIRWOMAN
AS TO BUY, ER:
DATE:
(Printed Name)
Emilio Velazquez
Pablo Velazquez ~
Approved as to form
and legal sufficiency:
H~idi -'~' u - ' "' F. Ashton
Assistant County Attomey
DEPOSIT RECEIPT
JUN - 8 899
I, the undersigned~Ldo hereby acknowledge receipt of a total of One Thousand ($1,000)
the of Lot 8 and ½ of 9
Dollars, on this }-~'~__ day of ~ .. 19~'. for purchase
located in the'Blue Heron Lake Park, and unrecorded plat.
~ssuea oy BRi~
.JR 0',"305 . '" ': '::.:
.P~ch~e'r
EMILIO 'VELAZE..!UEZ ~k"RABLO VEL,qZg!UEZ
Pay to
the order of
THE BOAR[:, OF COUNTY COMMIq'-'IONERS..,_, OF COLLIER COLINTY~t*~**
Da~e'
MAY 11,I999
Dollars
~~r6 DRAWER[ FIRST UNION NATIONAL BANK
is~uec~ By lmegr,~/e'O P~ymenl Systems Inc,, Englewood~ ~olorado . ,
..... ~ey~nk ~a~loq~A~9~!, O~]~er~Cqlg~a~0 ................................. , .....
JUN - 8 1999
Exhibit "A"
A Parcel within Section 20, Township 51 South, Range 27 East, Collier County, Florida,
Property Folio No. 00765920001, the East ~A of Lot 9 and all of Lot 8, Blue Heron Lake Park, an
unrecorded plat, described as follows:
Beginning at the ¼ section comer of Sections 17 and 20, Township 51 South, Range 27 East, mn
S. 0° 01' 20" W. 1186.21 feet, then N. 89° 27' 40" W. 1113.42 feet to an iron pin, which is the
point of beginning, then N. 89° 27' 40" W. 90.0 feet, then S. 0° 05' 00" W. 135.0 feet to an iron
pin, then S. 89° 27' 40" E. 90.0 feet, then N. 0° 05' 00" E. 135.0 feet to the point of beginning
and being more particularly described in OR Book 744, Page 739 of the Official Records of
Collier County, Florida, and in accordance with the Last Will and Testament recorded in OR
Book 1223, Page 1147 of the Official Records of Collier County, Florida; Less and Except the
property described in OR Book 986, Page 1051 of the Official Records of Collier County,
Florida.
PROJECT: Blue Heron
PARCEL: Lot 8 & ~ of 9
FOLIO: 00765920001
JUN - 8
1999
~TATUTORY DEED
THIS DEED, made this ~',~. day of ~ ,19 ~), by THE BOARD OF
COUNTY COMMISSIONERS OF cOL~ERCOUNTY, FLORIDA AS THE GOVERNING
BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BODY OF THE
COLLIER COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter called the
Grantor), to EMILIO VELAZQUEZ, a married man and PABLO VELAZQUEZ, a single man,
(hereinafter called the Grantee) whose address is 17018 Blue Heron Drive, Naples, Florida
34114.
(Whenever used herein the terms "Grantor" and "Grantee" include all the parties to this
instrument and their respective heirs, successors and assigns.)
WITNESSETH that the Grantor, for and in consideration of the sum of Ten Dollars,
($10.00) to it in hand paid by the Grantee, receipt whereof is hereby acknowledged, has
granted, bargained and sold to the Grantee, the following described land lying and being in
Collier County, Flodda:
A Parcel within Section 20, Township 51 South, Range 27 East, Collier County, Florida,
Property Folio No. 00765920001, the East ½ of Lot 9 and all of Lot 8, Blue Heron Lake Park,
an unrecorded plat, described as follows:
Beginning at the ¼ Section comer of Sections 17 and 20, Township 51 South, Range 27
East, run S. 0° 01' 20" W. 1186.21 feet, then N. 89° 27' 40" W. 1113.42 feet to an iron pin,
which is the point of beginning, then N. 890 27' 40" W. 90.0 feet, then S. 0° 05' 00" W. 135.0
feet to an iron pin, then S. 89° 27' 40" E. 90.0 feet, then N. 0° 05' 00" E. 135.0 feet to the
point of beginning and being more particularly described in OR Book 744, Page 739 of the
Official Records of Collier County, Florida, and in accordance with the Last Will and
Testament recorded in OR Book 1223, Page 1147 of the Official Records of Collier County,
Florida; Less and Except the property described in OR Book 986, Page 1051 of the Official
Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
IN WITNESS WHEREOF the said Grantor has caused these presents to be' executed
in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman
of said Board, the day and year aforesaid.
BY:
Prepared by:
Fleidi F. Ashton, Esquire
THE BOARD OF COUNTY COMM,I~SIONER~'V;;~,.
COLLIER COUNTY, FLORIDA/~'
~OVEffiNING BODY OF COLLIEffi
AND AS EX-OFFICIO THE GOVEffiNING
OF THE COLLIER COUN~ WA~ER, SEWE~:~?~?
DISTR~T OF COLLIER COUN~[ FLORIDA'L~.~;?~"~
Of~ice of ~ho Cou(~[y A[torne)
3301E~t T~miami Trail
Naples, Florida 34112
(941) 774-8400
June 8, 1999
Item #16B10
LANDFILL TIPPING FEES WAIVED FOR THE DISPOSAL OF DEBRIS FROM THE JUNE
12, 1999 MILLER BOULEVARD EXTENSION CLEANUP PROJECT
Item #16Bll
PURCHASE AGREEMENT ON A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP
50 SOUTH, RANGE 26 EAST, TO BE UTILIZED FOR ROAD RIGHT-OF-WAY IN THE
CONSTRUCTION OF THE FOUR-LANING OF RADIO ROAD FROM SANTA BARBARA
BOULEVARD TO DAVIS BOULEVARD
Page 68
PROJECT: Radio Road
FOLIO: 00399320006
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and
entered into by and between OWEN M. WARD, Individually and as Trustee, (hereinafter
referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida,
its successors and assigns (hereinafter referred to as "Purchaser");
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of this
Agreement;
WHEREAS, Owner desires to convey the Property to Purchaser 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:
o
=
Owner shall convey the Property to Purchaser by Special Warranty Deed for the sum of
$336,000 (Three Hundred and Thirty Six Thousand Dollars and no/100) payable by
County Warrant (said transaction hereinafter referred to as the "Closing").
Prior to Closing, Owner shall obtain releases from any lien holders on the Property and
Owner shall provide such instruments, propedy executed, to Purchaser on or before the
date of Closing and Owner shall not take any action to cause encumbrances on the
Property.
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 dght 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 this wdtten 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 and closing shall occur no later than June 17, 1999.
"Owner represents that it has no actual knowledge of hazardous substances being
generated, stored, treated, or transferred on the property except as specifically disclosed
to the Purchaser; that the owner has no actual knowledge of any spill or any
environmental law violation on any property contiguous to or in the vicinity of the Property,
that the Owner has not received notice and otherwise has no actual knowledge of: a) any
spill on the Property; b) any existing or threatened environmental lien against the property;
c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment,
spill or transfer of any hazardous substances on the Property. This provision shall survive
closing and is not deemed satisfied by conveyance of title.
Purchase Agreement
JlJ N 8 !99
Page 2
o
10.
11.
12.
13.
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.
The Purchaser shall pay for all costs of recording the conveyance instrument in the Public
Records of Collier County, Florida. Purchaser shall pay for attorney's fees in the amount
of $7,096.00 in accordance with Section 73.092, Florida Statutes, and reasonable fees
incurred by the Owner to obtain an appraisal and reasonable fees for other experts,
including Planners. All other costs associated with this transaction including but not
limited to transfer, documentary and intangible taxes, and recording costs for any curative
instruments shall be borne and paid by Owner. Owner 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.
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.)
Subject to the Collier County Access Management Policy, subject to requirements in the
Collier County Land Development Code, and subject to Collier County's right to open and
close access in the exercise of its police power, Purchaser agrees to allow Owner access
to the proposed median opening immediately northwest of proposed junction at Radio
Road and S.R. 84 as shown in the Radio Road construction plans designed by Agnoli,
Barber, & Brundage, Inc. Moreover, Purchaser shall cooperate to the extent practical with
the Owner's effort to obtain access to the Owner's Remainder Property to S.R. 84.
Should any litigation or other action be commenced between the parties concerning the
Property or this Agreement, the party prevailing in such litigation or other action shall be
entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's
fees, paralegal charges and all fees and costs for appellate proceedings in such litigation
or other action; which sum may be determined by the court or in a separate action brought
for that purpose.
This Agreement is governed and construed in accordance with the laws of the State of
Florida.
Purchase Agreement
Page 3
IN WIT__.NESS WHEREOF, the parties hereto have executed this Agreement on this
day of ~ ,19,~ .
Date Property acquisition approved by BCC:
AS TO PURCHASER:
AS TO OWNER:
DATED: E I ~-'l I fl~
Witness (Signature)
Name: ~-,4,.,,.--~' ";~ '~u~.~.~ .~1
(Print or Typ~.
W'~ness (Signature)
Name: RACHEI. C. FRISHE
(Print or Type)
BOARD ~;,"~O[~'~--~ MISS ION ERS
BY:~
OWEN I~.. V~A~,5,'-I ndividually a n~~
Trustee
Approved as to form and
,e~u~ciency~~
Heidi F. Ashton
Assistant County Attorney
EXHIBIT "A "
SECTION 3, TOWNSHIP 50 SOUTH, RANGE
COLLIER COUNTY, FLORIDA
LAND DESCRIPTION
LAND DESCRIPTION OF RIGHT-OF-WAY
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE NORTH 89'53'12"
EAST ALONG THE NORTHERLY LINE OF THE NORTHWEST QUARTER (NWl/4) OF SAID SECTION
3 FOR A DISTANCE OF 821.22 FEET: THENCE LEAVING SAID NORTHERLY LINE SOUTH
00'06'48' EAST FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE EXISTING.
SOUTHERLY RIGHT-OF-WAY LINE OF RADIO ROAD (C.R. 856), THE POINT OF BEGINNIHG
OF THE HEREIN DESCRIBED PARCEL OF LAND;
THENCE NORTH 89'53'12' EAST ALONG~SAID SOUTHERLY RIGHT-OF-WAY LINE FOR A
DISTANCE OF 434.95 FEET;
THENCE LEAVING SAID SOUTHERLY LINE SOUTH 00'06'48' EAST FOR A DISTANCE OF
51.64 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE
RADIUS POINT BEARS SOUTH 34'33'06' WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE SOUTHWESTERLY, HAHNG A RADIUS
OF 1079.64 FEET, A CENTRAL ANGLE OF 04'15'32" FOR AN ARC DISTANCE OF 80.25
FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE SOUTH 00'29'fl6' WEST FOR A DISTANCE OF 223,77 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT BEARS SOU
47'32'04' WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE SOUTHWESTE'RLY, HAVING A RADIUS
OF 914.64 FEET, A CENTRAL ANGLE OF 36'22'59" FOR AN ARC DISTANCE OF 580.80
FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT LINE;
THENCE NORTH 00'30'11' EAST FOR A DISTANCE OF 42,62 FEET TO THE POINT OF
BEGINNING;
CONTAINING 1.589 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
N Bg'53'12"E
BEGINNINO
NORmERLr UNE OF mE
NORm~eST QUARTER
OF SECTION 3-50-26
EXISTING SOUTHERLY
RIGHT-OF-WAY LINE
N Bg'53'I2'E.
RIGHT-OF-WAY
PRO,EOT,' NO.
26 EAST
N
SCALE: 1" == 50'
A "' 04'15'32'
R - 1079.64
A - 80.25
CH" 80.23
Crib - N 5319'08'W
A - 36'22'59'
R ,- 914.64
A - 580.80
CH" 571.09
CHB - N 60'39'26"W
BEARINGS HEREON ARE BASED ON THE SOUTHERLY LINE'OF THE SOUTHWEST ~QUARTER (SW~) OF
SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST BEARING SOUTH 69'~6'25' EAST (ASSUMED),
SKETCH AND
' NOT A
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PREPARED BY:
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DESCRIPTION
FILE NO:~ ACAD NO:~
June 8, 1999
Item #16Cl
RESOLUTION 99-257, SUPERSEDING RESOLUTION 99-230, ESTABLISHING THE
COLLIER COUNTY COMMUNITY HEALTH CARE REVIEW COMMITTEE, BY DELETING THE
CITY OF MARCO ISLAND
Page 69
/
RESOLUTION NO. 99- 257
A RESOLUTION SUPERSEDING RESOLUTION NO. 99-230. ~STABLISHING THE
COLLIER COUNTY COMMUNITY HEALTH CARE REVlE/W COMMITTEE FOR
THE PURPOSE OF: REVIEWING EXISTING HEALTH~ CARE SYSTEMS IN
COLLIER COUNTY; DETERMINING IF ADEQUATE ACCESS AND HEALTH CARE
IS AVAILABLE TO ALL OF THE RESIDENTS OF COLLIER COUNTY; AND
PROVIDING A REPORT AND RECOMMENDATIONS, AS APPROPRIATE, TO THE
BOARD
WHEREAS, all health care provided direcdy to this community with the exceptions of
certain limited care provided to very limited populations by the Collier County Health Depamnent
are provided through private health care providers, and
WHEREAS, there is no oversight of the many different health care systems to ensure that
all of Collier County's residents have adequate access to affordable health care, and
WHEREAS, the Board of County Commissioners of Collier County during its annual
strategic planning sessions discussed and agreed to consider impaneling a committee representing
interested area agencies, health care providers and community leaders to review this subject for a
fixed one year period.
NOW THEREFORE, BE IT RESGLVED ki¥ THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA~ that:
SECTION ONE. Creation of the Ad Hoc Collier County Community Health Care
Committee.
Pursuant to the provisions of Collier County Ordinance No. 86-41, as amended, the Board
of County Commissioners hereby creates the Collier County Community Health Care Committee as
an ad-hoc advisory committee for a period of not to exceed one (1) year from the date of this
Resolution.
SECTION TWO. Appointment of Members and Failure to Attend Meetings.
The following members are hereby appointed to the Collier County Community Health Care
Committee:
Health Care Providers:
Naples Community Hospital
Cleveland Clinic
Collier County Medical Society
Senior Friendship Center
Neighborhood Health Clinic, Inc.
David Lawrence Center
Florida Nurses Association, District 29
Retired Physicians Association
Collier Health Services, Inc.
Community Leaders:
Collier County Medical Alliance
Chamber of Commerce
Economic Development Council
Collier County Public Schools
Health and Human Services Board for Department of Children and Families
League of Women Voters
City of Naples
3 Citizens At Large
Florida Gulf Coast University
The Greater Naples Civic Association
Representative of the Insurance Industry
Immokalee Representative
Advisors:
Health Planning Council of Southwest Florida
Mental Health Association
Collier County Health Department
Healthy Kids Council
flU lgg
If any member of the Collier County Health Care Committee is absent from two (2) or more
consecutive meetings without a satisfactory excuse, such member's position may be declared vacant
by the Board of County Commissioners.
SECTION THREE. Oftlcer~; Quorum; Compensation.
The officers of the Collier County Community Health Care Committee shall be elected by
the membership of the Committee and shall include a Chairman and Vice-Chairman. The presence
of eight or more members shall constitute a quorum. The Collier County Community Health Care
Committee may adopt rules of procedures for the transaction of business and shall keep records of
meefngs, findings and determinatons. The members of the Committee shall serve without
compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if
approved, in advance, by the Board of County Commissioners.
SECTION FOUR. Functions, Power~ and Duties of the Collier County Community Health
Care Committee.
The functions, powers and duties of the Collier County Community Health Care Committee
shall be to examine the existing health care systems in place for all Collier County populations, to
determine if, in the opinion of the committee, there is adequate access and care for the different
populations, and if it is determined that there is insufficient access or care, the committee shall
review the options for correcting such gaps and make recommendations in the form of a final report
to the Board of County Commissioners. When looking at proposed options for any shortfall in
access or care, improved use of existing resources shall be the preferred option considered. The
committee shall pay particular attention to preventive and primary care services since these offer the
greatest potential for cost savings as well as potentially represent the major issues with regard to
access. When reviewing any funding opportunities that may be a part of any proposed solution, the
use of existing health care funding sources, and/or private funding shall be considered before tax
funds of any sort.
All meetings of the Collier County Community Health Care Committee shall be open to the
public and shall be governed by the Sunshine Law. All meetings shall be held after reasonable public
notce is provided as to the location, time and subject matter of the meetings.
SECTION FIVE. Resolution No. 99-230 Superseded.
Collier County Resolution No. 99-230 is hereby superseded and replaced by this Resolution.
!"ii"!ii'i;:Thi~i~esolufion;~, ~ r,~':. ?~ adopted this ~)~J['day of ~ ,1999 after motion, second
malor!!y ?ot,e.
CO~SSIONERS
'" r~' COLUER~~~, FLO~DA
Approved as to form and legal
sufficiency:
l~avid C. Weigel
County Attorney
June 8, 1999
Item #16C2
BUDGET AMENDMENT TO FUND THE ADDITIONAL MEALS SERVED AT THE COLLIER
COUNTY EMPLOYEE PICNIC IN THE AMOUNT OF $225.00
Item #16C3
RFP #99-2923 FOR FIREWORKS EXHIBITION FOR 4?a OF JULY, 1999 AT SUGDEN
REGIONAL PARK - AWARDED TO ZAMBELLI FIREWORKS INTERNATIONALE IN THE
AMOUNT OF $24,999.00
Item #16C4
RESOLUTION 99-258, FIRST LOAN AGREEMENT AND FIRST PROMISSORY NOTE
ASSOCIATED WITH THE NATION,S BANK LINE OF CREDIT FOR THE FINANCING OF
THE NORTH NAPLES REGIONAL PARK PROPERTY
Page 70
JUN'- 8 1999
RESOLUTION NO. 99-._2 5 8
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING THE ISSUANCE OF PROMISSORY NOTES OF
THE COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT
OF NOT TO EXCEED $10,000,000 TO FINANCE THE COST
OF CAPITAL IMPROVEMENT PROJECTS APPROVED BY
THE BOARD; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF THE NOTES AND OF
A LOAN AGREEMENT; PROVIDING THAT SUCH NOTES
SHALL NOT BE GENERAL OBLIGATIONS OF THE COUNTY
BUT SHALL BE PAYABLE ONLY FROM CERTAIN PARKS
AND RECREATIONAL FACILITIES IMPACT FEES AND
LAWFULLY AVAILABLE NON-AD VALOREM REVENUES
OF THE COUNTY; PROVIDING FOR THE RIGHTS,
SECURITIES AND REMEDIES OF THE OWNERS OF SUCH
NOTES; MAKING CERTAIN COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, THAT:
Section 1. Authority. for this Resolution. This Resolution is adopted pursuant to the
provisions of Article VIII, Section 1 of the Constitution of the State of Florida, Chapter 125,
Florida Statutes and other applicable provisions of law.
Section 2. Definitions. The following words and phrases shall have the following
meanings when used hcxein:
"Act" means Article VIII, Section 1 of the Constitution of the State of Florida, Chapter
125, Florida Statutes and other applicable provisions of law.
"Advance" means' a borrowing of money by the Issuer from the Original Purchaser
pursuant to the Loan Agreem~mt v~hich shall be evidenced by a Note.
'~Apt~licable Rate" mearkq (i) if on the date of issuance'of the Note, the Original Purchaser
· hal.l, rec. eivt~. an opinion of Bond Counsel to the effect that the Note is a "qualified tax-exempt
olali~tioa" w4thin the meaning of Section 265(b)(3) of the Code, then (x) if the Issuer shall have
e/acted the Three Year Maturity Date, the Three Year BQ Rate or (y) if the Issuer shall have
elected the Five Year Maturity Date, the Five Year BQ Rate or (ii) otherwise (x) if the Issuer shall
have elected the Three Year Maturity Date, the Three Year Non-BQ Rate, or (y) if the Issuer shall
have elected the Five Year Maturity Date, the Five Year Non-BQ Rate.
JUN- 8 99'9
"Bond Counsel" means an attorney-at-law or arm of such attorneys having expertise in the
legal aspects of the issuance of indebtedness by states and political subdivisions thereof.
"Business Day" means any day except any Saturday or Sunday or day on which the
Principal Office of the Original Purchaser is closed.
"Chairman" mean.q the Chairman or Vice-Chairman of the Board of County Commissioners
of the Issuer.
"Clerk" shall mean the Clerk of the Circuit Court in and for Collier County, Florida, ex-
officio clerk to the Board of County Commissioners, or any duly authorized deputy thereof.
"Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable thereto.
"Cost" means, with respect to the Project, any obligation or expense incurred by the Issuer
to the extent permitted by the Act.
"Five Year BQ Rate" shall mean the rate per annum, determined as of the Business Day
immediately preceding the date of the request for the Advance by the Original Purchaser, equal
to 83 % of the "ask yield" as reported in The Wall Street Journal, for the United States Treasury
Bond maturing closest to but not before the Maturity Date of the applicable Note, and if more than
one treasury, bond matures oR such date, then the treasury bond which trades closest to the price
of par.
"F/v~e Year Mamritl/Date" shall mean that the maturity date of the applicable Note shall
be the day live years following the date of issuance of the Note.
"F[~e Year Non-BQ Rate" shall mean the rate per annum, determined as of the Business
Day imme/fately preceding the date of the request for the Advance by the Original Purchaser,
equal to 98% of the "ask geld" as reported in The Wall Street Journal, for the United States
Treasury }l~md maturing closest to but not before the Maturity Date of the applicable Note, and
if more than one treasury bo~d matures on such date, then the treasury bond which trades closest
to the price ,~}f par.
"Issuer" means Collier County, Florida, a political subdivision of the State.
"Loan Agreement" is ~c~ef'med in Section 6 hereof.
"Mamri~ Date" shall metro, ~,'ab~ect to the provisions of the Loan Agreement, as to any
No~te, as elected by the Issuer in the request 't;o~ Advance related to such Note, either the Three
Year Maturity Date or the Five Year Maturity Date.
"Non-Ad Valorem Revenues" means all revenues of the Issuer not derived from ad valorem
taxation and which are lawfully available to be used to pay debt service on the Notes.
2
JUN - 8 1999 '
"Notes" means the Notes of the Issuer authorized by Sections 4 and 5 hereof.
"Original Purchaser" means NationsBank, N.A.
"Owner" or "Owners" means the Person or Persons in whose name or names the Notes
shall be registered on the books of the Issuer kept for that purpose in accordance with provisions
of this Resolution.
"Park Impact Fees" means, to the extent they may be lawfully used to pay debt service on
Notes, those fees imposed pursuant to Article II, Chapter 74, Code of Ordinances of Collier
County, Florida, or any similar fee now or in the future imposed or enacted by the Issuer in order
to cause land development construction designed or intended to permit more dwelling units than
the existing use of the land to contribute its fair share to the cost of improvements and additions
to the Issuer's park system that are required to accommodate the use of such parks and recreational
facilities by such growth, including, but not limited to, those fees imposed pursuant to Ordinance
No. 99-39, enacted by the Issuer on May 25, 1999.
"Person" means natural persons, firms, trusts, estates, associations, corporations,
partnerships and public bodies.
"Pledged Revenues" means (i) the Park Impact Fees and (ii) to the extent provided in
Section 8 hereof, the Non-Ad Valorem Revenues.
"Prim:igal Office" means, with respect to the Original Purchaser, the office located at 4501
North Tamiami Trail; Suite 400; Naples, Florida 34012, or such other office as the Original
Purchaser may designate to the Issuer in writing.
"Projegl" means various capital improvement projects approved by the Issuer.
"Resolution" means this Resolution, pursuant to which the Notes are authorized to be
issued, including any Supplemental Resolutions.
"State" means the State of Florida.
"Supplemental Resolution" means any resolution amendatory or supplemental to this
llesolution adopted by the Issuer in accordance with Section 10 hereof.
"Three Year BQ Rate" shall mean the rate per annum, determined as of the Business Day
irmUediately preceding the date of the request for the Advance by the Original Purchaser, equal
to 80% of the "ask yield" as reported in The~Yall2~eet Journal, for the United States Treasury
Boratl maturing closest to but not before the Maturity Date of the applicable Note, and if more than
one treasury bond matures on such date, then the treasury bond which trades closest to the price
of par.
"Three Year Maturity Date" shall mean that the maturity date of the applicable Note shall
be the day three years following the date of issuance of the Note.
"Three Year Non-BQ Rate" shall mean the rate per annum, determined as of the Business
Day immediately preceding the date of the request for the Advance by the Original Purchaser,
equal to 95 % of the "ask yield" as reported in The Wall Street Journal, for the United States
Treasury Bond maturing closest to but not before the Maturity Date of the applicable Note, and
if more than one treasury bond matures on such date, then the treasury bond which trades closest
to the price of par.
Section 3. Resolution to Constitute a Contract. In consideration of the purchase and
acceptance of the Notes authorized to be issued hereunder by those who shall be the Owners
thereof from time to time, this Resolution shall constitute a contract between the Issuer and the
Owners. ~
Section 4. Authorization of Notes. Subject and pursuant to the provisions of this
Resolution, special obligations of the Issuer are hereby authorized to be issued under and secured
by this Resolution in the aggregate principal amount of not exceeding $10,000,000 for the purpose
of financing the Cost of the Project. Because of the characteristics of the Notes, prevailing market
conditions and additional savings to be realized from an expeditious sale of the Notes, it is in the
best interest of the Issuer to negotiate with the Original Purchaser to purchase the Notes from time
to time at private negotiated sales. Prior to the issuance of each Note the Issuer shall receive from
the Original Purchaser the disclosure required by Section 218.385, Florida Statutes.
Section 5. Description of Notes.
(a) Each Note shah be in the principal amount of the Advance represented thereby,
shall be deaignated as "Promissory Note" with an appropriate additional designation to distinguish
it from all other Promissory Notes of the Issuer, shall be dated the date of its execution and
delivery, ~n~ich shall be a date agreed upon by the Issuer and the Original Purchaser, and shall
bear interest at the Applicable Rate (subject to adjustment as provided in the Note), computed on
the basis ora 360-day year for the actual number of days elapsed, and shall mature on the Maturity
Date. The Notes shall have such other terms and provisions and shall be substantially in the form
of the Note atlached hereto as Exhibit A, with such changes as may be approved by the Chairman,
such approval to be conclusively evidenced by the execution thereof by the Chairman.
(b) 'The Notes shall be executed on behalf of the Issuer witll' the manual signature of
the Chairman, a~d shall have impressed thereon the official seal of the Issuer, and be attested with
the manual signatare of the Clerk, and the Chairman and Clerk are hereby authorized to execute
,,xad attest to the No,es on behalf of the Issuer.
(c) The Chairman is hereby authorized to request Advances from time to time under
the Loan Agreement.
4
JUN' 8 fggg
Section 6. Loan A~eement. Notwithstanding any other provision hereof, no Note shall
be issued nor shall the Issuer be obligated to issue the same nor shall the Original Purchaser be
obligated to purchase the same, unless and until the Issuer and the Original Purchaser shall execute
a Loan Agreement in substantially the form attached hereto as Exhibit B (the "Loan Agreement").
The form of the Loan Agreement is hereby approved by the Issuer and the Chairman is authorized
to execute the same, with such changes as may be approved by the Chairman, such approval to
be conclusively evidenced by the execution thereof by the Chairman, and upon such execution,
the Clerk is authorized to attest to the Loan Agreement on behalf of the Issuer. Upon execution
of the Loan Agreement by the Issuer and the Original Purchaser, the same shall constitute a part
of this Resolution the same as if set forth in full herein.
Section 7. Registration and Exchange of Note; Persons Treated as Owners. So long as
the Notes shall remain unpaid, the Issuer will keep books for the registration and transfer of the
Notes. The Notes shall be transferable only upon such registration books. The Issuer will transfer
the registration of a Note upon written request of the Owner specifying the name, address and
taxpayer identification number of the transferee.
The Person in whose name a Note shall be registered shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of principal and interest on such Note shall
be made only to or upon the written order of the Owner. All such payments shall be valid and
eftbctual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so
paid.
Section 8. Payment of Principal and Interest; Limited Obligation. The Issuer promises
that it will promptly pay the principal of and interest on the Notes at the place, on the dates and
in the ma~ provided therein according to the true intent and meaning hereof and thereof,
provided that the principal of and interest on the Notes is payable solely from the Pledged
Revenues, arst nothing in the Notes, the Loan Agreement or in this Resolution shall be construed
as pledging may other funds or assets of the Issuer to such payment or as authorizing such payment
to be made from any other source. The Issuer is not and shall not be liable for the payment of the
principal o~' and interest on the Notes or for the performance of any pledge, obligation or
agreement f~r payment undertaken by the Issuer hereunder or under the Loan Agreement from any
property other than the Pledged Revenues. No Owner of any of the Notes shall have any right to
resort to legz~l or equitable action to require or compel the Issuer to make any payment required
hex'eby or by the Notes or the L~an Agreement from any source other than the Pledged Revenues.
The Issux.~c covenants tha~z for so long as any Note shall remain tmpaid, it will not repeal
or modify the ordnance(s) which .~mpose the Park Impact Fees in any manner so as to adversely
affect the ability t3~ the Issuer to pay tl~ principal of and interest on the Notes as the same shall
beconne due and payable.
The Issuer will not issue any other obligations or incur any liability payable from the Park
Impact Fees and having a right to payment therefrom that is on a parity with or prior to the right
to repayment therefrom of the Notes.
5
Except for the Notes, the Issuer will not issue any obligations or incur any liability payable
from the Park Impact Fees unless (i) there is no default with respect to payment of the principal
of or interest on the Notes or otherwise hereunder and (ii) the Park Impact Fees collected by the
Issuer during the 12 full months most recently concluded preceding the date of issuance of such
additional debt or incurrence of such additional liability minus expenditures (other than for debt
service) of such Park Impact Fees during such period shall be at least 1.30 times the maximum
amount of principal and interest or other form of payment scheduled to be made with respect to
the Notes and such additional debt or, liability during any twelve month period after the date of
issuance of such additional debt or liability.
The Issuer covenants that, so long as any Note shall remain unpaid, it will appropriate in
its annual budget, by amendment, if required, from Non Ad Valorem Revenues, amounts
sufficient to pay the principal of and interest on the Notes not being paid from other amounts as
the same shall become due. In the event that the amount previously budgeted for such purpose
is at anytime insufficient to pay such principal and interest on the Notes, the Issuer covenants to
take immediate action to amend its budget so as to budget and appropriate an amount from Non
Ad Valorem Revenues sufficient to pay such debt service on the Notes. Such covenants to budget
and appropriate from Non Ad Valorem Revenues shall be cumulative to the extent not paid and
shall continue until such Non Ad Valorem Revenues sufficient to make all required payments have
been budgeted, appropriated and used to pay such debt service on the Notes. The Issuer shall not
issue or incur any indebtedness if such would materially and adversely affect the ability of the
Issuer to pay debt service on the Notes.
Secti~a 9. Compliance with Tax Requirementq. The Issuer hereby covenants and agrees,
for the benefit of the Owners from time to time of the Notes, to comply with the requirements
applicable to 'it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to
the extent necessary to preserve the exclusion of interest on the Notes from gross income for
federal incon~e tax purposes. Specifically, without intending to limit in any way the generality of
the foregoing the Issuer covenants and agrees:
(1) to pay ~ the United States of America from the funds and sources
of re'venues pledged to ~e payment of the Notes to the extent legally available, and
from aay other legally available funds, at the times required pursuant to Section
1480) .al the Code, the excess of the amount earned on all non-purpose investments
(as degned in Section i148(f)(6) of the Code) allocable to each Note (other than
investments attributed to an excess described in this sentence) over the amount
which '~tould have been eanred if such non-purpose investments were invested at
a rate equal to the yield on such Note, plus any income attributable to such excess
(the "Reb:te Amount");
(2) to maintain and retain all records pertaining to and to be responsible
for making or causing to be made all determinations and calculations of the Rebate
Amount and required payments of the Rebate Amount as shall be necessary to
comply with the Code;
6
Except for the Notes, the Issuer will not issue any obligations or incur any liability payable
from the Park Impact Fees unless (i) there is no default with respect to payment of the principal
of or interest on the Notes or otherwise hereunder and (ii) the Park Impact Fees collected by the
Issuer during the 12 full months most recently concluded preceding the date of issuance of such
additional debt or incurrence of such additional liability minus expenditures (other than for debt
service) of such Park Impact Fees during such period shall be at least 1.30 times the maximum
amount of principal and interest or other form of payment scheduled to be made with respect to
the Notes and such additional debt or, liability during any twelve month period after the date of
issuance of such additional debt or liability.
The Issuer covenants that, so long as any Note shall remain unpaid, it will appropriate in
its annual budget, by amendment, if required, from Non Ad Valorem Revenues, amounts
sufficient to pay the principal of and interest on the Notes not being paid from other amounts as
the same shall become due. In the event that the amount previously budgeted for such purpose
is at anytime insufficient to pay such principal and interest on the Notes, the Issuer covenants to
take immediate action to amend its budget so as to budget and appropriate an amount from Non
Ad Valorem Revenues sufficient to pay such debt service on the Notes. Such covenants to budget
and appropriate from Non Ad Valorem Revenues shall be cumulative to the extent not paid and
shall continue until such Non Ad Valorem Revenues sufficient to make all required payments have
been budgeted, appropriated and used to pay such debt service on the Notes. The Issuer shall not
issue or incur any indebtedness if such would materially and adversely affect the ability of the
Issuer to pay debt service on the Notes.
Secti~a 9. Compliance with Tax Requirementq. The Issuer hereby covenants and agrees,
for the benefit of the Owners from time to time of the Notes, to comply with the requirements
applicable to 'it contained in Section 103 and Part IV of Subchapter B of Chapter 1 of the Code to
the extent necessary to preserve the exclusion of interest on the Notes from gross income for
federal incon~e tax purposes. Specifically, without intending to limit in any way the generality of
the foregoing the Issuer covenants and agrees:
(1) to pay ~ the United States of America from the funds and sources
of re'venues pledged to ~e payment of the Notes to the extent legally available, and
from aay other legally available funds, at the times required pursuant to Section
1480) .al the Code, the excess of the amount earned on all non-purpose investments
(as degned in Section i148(f)(6) of the Code) allocable to each Note (other than
investments attributed to an excess described in this sentence) over the amount
which '~tould have been eanred if such non-purpose investments were invested at
a rate equal to the yield on such Note, plus any income attributable to such excess
(the "Reb:te Amount");
(2) to maintain and retain all records pertaining to and to be responsible
for making or causing to be made all determinations and calculations of the Rebate
Amount and required payments of the Rebate Amount as shall be necessary to
comply with the Code;
6
Section 16. Cap/iota. The captions and headings in this Resolution are for convenience
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Resolution.
Section 17. Limited Liability. of Issuer. It is hereby expressly made a condition of this
Resolution of the Loan Agreement and of the Notes that any agreements or representations herein
or therein contained or contained in the documents and instruments executed in connection
therewith do not and shall never constitute or give rise to any personal or pecuniary liability or
charge against the general credit of the Issuer and in the event of a breach of any agreement,
covenant or representation, no personal or pecuniary liability or charge payable directly or
indirectly from any funds of the Issuer other than those pledged hereunder shall arise therefrom.
Nothing contained in this Section 17, however, shall relieve the Issuer from the observance and
performance of the several covenants and agreements on its part herein contained.
Section 18. Officers and Employees of the Issuer Exempt from Personal Liability.. No
recourse under or upon any obligation, covenant or agreement of this Resolution, of the Loan
Agreement or the Notes or for any claim based thereon or otherwise in respect thereof, shall be
had against any County Commissioner of the Issuer, or any officer, agent or employee, as such,
of the Issuer past, present or future, it being expressly understood (a) that the obligation of the
Issuer under this Resolution is solely a corporate one, limited as provided in the preceding
Section 17, (b) that no personal liability whatsoever shall attach to, or is or shall be incurred by,
the County Commissioners of the Issuer, or the officers, agents, or employees, as such, of the
Imuer, or any of them, under or by reason of the obligations, covenants or agreements contained
in this Resolagon or implied therefrom, and (c) that any and all such personal liability of, and any
a~d all such rights and claims against, every such County Commissioner of the Issuer, and every
officer, agent, or employee, as such, of the Issuer under or by reason of the obligations, covenants
or agreeme'tls contained in this Resolution, or implied therefrom, are waived and released as a
condition ot; a~d as a consideration for, the execution of this Resolution and the Loan Agreement
and the issuance of the Notes on the part of the Issuer.
Secti~a 19. Authol:izalioaa. The Chairman and such other officials and employees of the
Issuer as may be designated by the Chairman are each designated as agents of the Issuer in
c~onnection with the issuance and delivery of the Notes and are authorized and empowered,
collectively tlr iadividually, to take all action and steps and to execute all instruments, documents,
and contracts on behalf of the Issuer that are necessary or desirable in connection with the
execution and ~lv~ivery of the Notes, and which are specifically authorized or are not inconsistent
with the terms a~d provisions oll this Resolution. '
Section 20'.. Note Mutilated, Destroyed, Stolen or Lost. In case any Note shall become
ruminated, or be destroyed, stolen or lost, the Issuer shall issue and deliver a new Note of like
tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and in substitution for such
mutilated Note, or in lieu of and in substitution for the Note destroyed, stolen or lost and upon the
Owner furnishing the Issuer proof of ownership thereof and indemnity reasonably satisfactory to
the Issuer and complying with such other reasonable regulations and conditions as the Issuer may
prescribe and paying such expenses as the Issuer may incur. The Note so surrendered shall be
canceled.
Section 21. Impairment of Contract. The Issuer covenants with the Owner of the Notes
that it will not, without the written consent of the Owner of the Notes, enact any ordinance or
adopt any resolution which repeals, impairs or amends in any manner adverse to the Owner the
rights granted to the Owner of the Notes hereunder.
Section 22. Remedies of Noteholder. Should the Issuer default in any obligation created
by this Resolution, the Loan Agreement or the Notes, the Owner of the Notes may, in addition
to any other remedies set forth in this Resolution, the Loan Agreement or the Notes, either at law
or in equity, by suit, action, mandamus or other proceeding in any court of competent jurisdiction,
protect and enforce any and all rights under the laws of the State of Florida, or granted or
contained in this Resolution, and may enforce and compel the 'performance of all duties required
by this Resolution, or by any applicable statutes to be performed by the Issuer or by any officer
thereof.
Section 23. Repealer. All resolutions or parts thereof in conflict herewith are hereby
repealed.
Section 24. Effective_Date. This Resolution shall take effect immediately upon its
adoption.
This Resolution adopted on this 8th day of June, 1999, after motion, second and majority
vote.
ATTEST: r'' ' '
::'D~VIGHT E. ~OCK, CLERK
A~prov.ed'.as .to f6rm and legal
sufficiency
Assistant County Attorney
BOARD OF//CO~NTY COMMISSIONERS OF
COLLIER COyNTY, FLORIDA
I~AMELA'~JMA'CKIE, CHAIRWOMAN
t&pI
G:\ 14184\63\Resolution(2).wpd
9
EXHIBIT A
[Insert Date of Note]
[Insert Advance Amount]
COLLIER COUNTY, FLORIDA
PROMISSORY NOTE
[Insert Series Designation]
KNOW ALL MEN BY THESE PRESENTS that Collier County, Florida (the "Issuer"), a
political subdivision of the State of Florida created and existing pursuant to the Constitution and the
laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to the order of NationsBank, N.A. or registered assigns (hereinafter, the "Owner"), the
principal sum of [Insert Advance Amount], together with interest on the principal balance outstanding
at the rate per annum of__% (subject to adjustment as hereinafter provided) based upon a year of
360 days for the actual number of days elapsed.
Principal of and interest on this Note are payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer.
Installments of principal and interest on this Note shall be payable in [insert number -- either
six for Three Year Maturity Date or ten for Five Year Maturity Date] equal installments, due on each
[insert date six months after date of Note] and [insert date one year after date of Note] to and
including [inert maturity date - either three years after date of Note for Three Year Maturity Date
or five years-after date of note for Five year Maturity Date] (the "Maturity Date"). The entire unpaid
principal ',balmce, together with all accrued and unpaid interest hereon, shall be due and payable in
full on the Maturity Date. All payments by the Issuer pursuant to this Note shall apply fa'st to
accrued inte~st, then to other charges due the Owner, and the balance thereof shall apply to the
principal stm: due.
As us~l in this Note,
(1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Re~ions, whether temporary, proposed or f'mal, promulgated thereunder or applicable
thereto;
.(2) "Determination of Taxability" shall mean interest on this Note is determined or
declared to be includable in the gross income of the Owner for federal income tax purposes
under the Code by reason of legislation, judgment of a court of competent jurisdiction o~ a
final ruling' or regulation of ~he Internal Revenue Service.
Upon the occurrence of a Determination of Taxability, the interest rate on this Note shall be
adjusted to a rate equal to 154 % of the interest rate otherwise borne hereby (the "Adjusted Interest
Rate") calculated on the basis of a 360-day year for the actual number of days elapsed, as of and from
the date such determination would be applicable with respect to this Note (the "Accrual Date"); and
(i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner,
as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the
total interest that would have accrued on this Note at the Adjusted Interest Rate from the Accrual
JUN 8 f9§9
Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Issuer on
this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and
penalties required to be paid as a result of any additional State of Florida and federal income taxes
imposed upon such Owner and/or former Owner arising as a result of such Determination of
Taxability; and (ii) from and after the Determination of Taxability, this Note shall continue to bear
interest at the Adjusted Interest Rate for the period such determination continues to be applicable with
respect to this Note. This adjustment shall survive payment of this Note until such time as the federal
statute of limitations under which the interest on this Note could be declared taxable under the Code
shall have expired.
The principal of and interest on this Note may be prepaid at the option of the Issuer in whole
or in part at any time. There shall be no prepayment premium or penalty. Prepayments of principal
shall be applied to the scheduled installments of principal hereon in inverse order of maturity.
Upon the occurrence of an Event of Default (as defined in the Loan Agreement) (as defined in
the Resolution) then the Owner may declare the entire debt then remaining unpaid hereunder
immediately due and payable; and in any such default and acceleration, the Issuer shall also be
obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this
Note, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal
or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including
specifically but without limitation, claims, disputes and proceedings seeking adequate protection or
relief from the automatic stay.
Interest at the lesser of 12% per annum or the maximum lawful rate per annum shall be payable
on the enti~e principal balance owing hereunder from and after the occurrence of and during the
continuation of a default described in the preceding paragraph, irrespective of a declaration of
maturity.
The [,ssuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A
GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY
CONSTFI~IONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE
SOLELY FROM THE MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER THE
FAITH AND CREDIT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER, THE
STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
hNCIDENTAL HERETO.
This Note is issued pursuant to Resolution No. 99- duly adopted by the Issuer on June __,
1999, as from time to time amended and supplemented (herein referred to as the "Resolution"), and
is subject to all the terms and conditions of the Resolution. All terms, conditions and provisions of
the Resolution are by this reference thereto incorporated herein as a part of this Note. Terms used
herein in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto
2
JUN'-
in the Resolution.
This Note is payable solely from and is secured by a lien upon and pledge of the "Pledged
Revenues" as described in the Resolution. Notwithstanding any other provision of this Note, the
Issuer is not and shall not be liable for the payment of the principal of and interest on this Note or
otherwise monetarily liable in connection herewith from any property other than the Pledged
Revenues.
This Note may be exchanged or transferred by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites required
to exist, happen and be performed precedent m and in the execution, delivery and the issuance of this
Note do exist, have happened and have been performed in due time, form and manner as required
by law, and that the issuance of this Note is in full compliance with and does not exceed or violate
any constitutional or statutory limitation.
IN WITNESS WHEREOF, Collier County, Florida has caused this Note to be executed in
its name by the manual signature of its Chairman and attested by the manual signature of its Clerk,
and its seal to be impressed hereon, all this day of , __
[SEAL]
Attest:
Collier County, Florida
By:
Chairman
Clerk
3
(Form for Transfer)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No. ) the within Note and all rights
thereunder, and hereby irrevocably constitutes and appoints attorney to
transfer the within Note on the books for registration thereof, with full power of substitution in the
premises.
Dated
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within Note in every particular,
without alteration of enlargement or any change
whatever.
In the presence of:
G:\ 14184'~63\ Promissory Note.wpd 4
EXHIBIT B
JUN - 8 1999
LOAN AGREEMENT
This LOAN AGREEMENT (the "Agreement") is made and entered into as of June 9,
1999, by and between the Collier County, Florida, a political subdivision of the State of Florida,
and its successors and assigns (the "Issuer"), and NationsBank, N.A., a national banking
association, and its successors and assigns as holder(s) of the hereinafter defined Note(s) (the
"Bank");
WHEREAS, the Board of County Commissioners of the Issuer did, on June 8, 1999, adopt
Resolution No. 99-__ (the "Note Resolution") authorizing, among other things the issuance of
Promissory Notes of the Issuer in the aggregate principal amount not to exceed $10,000,000
(collectively, the "Notes") for the purpose of financing certain of the Costs of the Project (as
defined in the Note Resolution); and
WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the
financing for the Costs of the Project; and
WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the
Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the
purpose of financing the Costs of the Project (the "Loans") and to evidence the repayment of such
Loans by the issuance and delivery of the Notes to the Bank in the aggregate principal amount of
the Loans; and
WHEREAS, the Notes shall be issued pursuant to the terms and provisions of the Note
Resolution and this Agreemem; and
WHtEREAS, the execution and delivery of this Agreement have been duly authorized by
the Note Resolution.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in
consideratioa of the mutual coYenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
Section L01 ~. 'The words and terms used in this Agreement shall have the
meanings as set f~rth in the Note Resolution and in the recitals above, unless otherwise defined
hterein. Unless thc context shall otherwise require, the following words and terms as used in this
A~,ueemem shall ha'~e the following meanh~gs:
"Advance" means a borrowing of money under a Note, pursuant to Section 5.04 hereof.
"Agreement" shall mean this Loan Agreement and any and all modifications, alterations,
amendments and supplements hereto made in accordance with the provisions hereof.
JUN - 8 1999-
"Event of Default" shall mean an event of default specified in Article V of this Agreement.
"Loan" shall mean the outstanding principal amount of the Note issued hereunder.
"Loan Documents" shall mean this Agreement, the Notes, the Note Resolution, and all
other documents, agreements, certificates, schedules, notes, statements, and opinions, however
described, referenced herein or executed or delivered pursuant hereto or in connection with or
arising with the Loans or the transaction contemplated by this Agreement.
"Noteholder" shall mean the Bank as the holder of the Notes, or any other registered holder
of the Notes.
Section 1.02 IntelprelatiolU Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include correlative
words of the plural number and vice versa. This Agreement and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity
hereof.
Section 1.03 Titles and Headings. The titles and headings of the articles and sections of
this Agreement have been inserted for convenience of reference only and are not to be considered
a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and
shall not be considered or given any effect in construing this Agreement or any provision hereof
or in ascertaining intent, if any question of intent should arise.
ARTICLE II
REPRESENTATIONS OF ISSUER
Subject to the Note Resolution, the Issuer represents and warrants to the Bank that:
Sectioa 2.01 Powers of Issuer. The Issuer is a political subdivision duly organized and
validly existh,g as a county under the laws of the State of Florida. The Issuer has the power to
borrow the amount provided for in this Agreement, to execute and deliver the Notes and this
Agreement, to secure the Notes i~a the manner contemplated hereby and by the Note Resolution,
and to perform ;md observe all the terms and conditions of the Notes and this Agreement on its
~x;nirt to be performed and observed. The Issuer is or will be within the time required by law
empowered to commence and prosecute the Project and the Issuer may lawfully issue the Notes
in, order to finance tire Cost of the Project.
Section 2.02 Authorization of Loan~ The Issuer has had or will have, as the case may
be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver
this Agreement, to issue, sell, and deliver the Notes to the Bank, and to carry out and consummate
all other transactions contemplated by the Loan Documents, and the Issuer has complied and will
2
JUN - 8 1999.
comply with all provisions of applicable law in all material matters relating to such transactions.
The Issuer, by the Note Resolution, has duly authorized the borrowing of the amount provided for
in this Agreement, the execution and delivery of this Agreement, and the making and delivery of
the Notes to the Bank provided for in this Agreement and to that end the Issuer warrants that it
will take all action and will do all things which it is authorized by law to take and to do in order
to fulfill all covenants on its part to be performed and to provide for and to assure payment of the
Notes. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery,
and performance of the Notes and the .Loan Agreement and the taking of any and all other such
action as may be required on the part of the Issuer to carry out, give effect to and consummate the
transactions contemplated by the Loan Documents. The Notes have been duly authorized,
executed, issued and delivered to the Bank and constitute legal, valid and binding obligations of
the Issuer enforceable in accordance with their terms and the terms of the Note Resolution, and
are entitled to the benefits and security of the Note Resolution and this Agreement. All approvals,
consents, and orders of and filings with any governmental authority or agency which would
constitute a condition precedent to the issuance of the Notes or the execution and delivery of or
the performance by the Issuer of its obligations under the Loan Documents have been obtained or
made and any consents, approvals, and orders to be received or filings so made are in full force
and effect.
Section 2.03 ~ The making and performing by the Issuer of this Agreement
will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any
regulation, order or decree of any court, and will not result in a breach of any of the terms of any
agreement or instrument to which the Issuer is a party or by which the Issuer is bound. The Loan
Documents constitute legal, valid and binding obligations of the Issuer enforceable in accordance
with their respective terms.
Section 2.04 LJligafioa,_F. lm There are no actions or proceedings pending against the
Issuer or affecting the Issuer which, either in any case or in the aggregate, might result in any
material adverse change in the financial condition of the Issuer, or which questions the validity of
this Agreement, the Notes or any of the other Loan Documents or of any action taken or to be
taken ba connection with the transactions contemplated hereby or thereby. The Issuer is not in
default in any material respect under any agreement or other instrument to which it is a party or
by which it may be bound.
Section 2.05 Financial Information. The financial information regarding the Issuer
furnished to the Bank by tl~ Issuer in connection with the Loan is complete and accurate, and
there hag been no material atad adverse change in the financial conditiola of the Issuer from that
presented in such informatiora. The Issuer shall annually, within 180 days after the end of each
fiscal year of~e Issuer, provide the Bank with such fmancial information as shall be necessary
to enable the Bva~zflc to determine 't3e amount of Park Impact Fees and Non Ad Valorem Revenues
with respect to such fiscal year.
Section 2.06 Pledge of Funds. The Notes shall be secured by and the Issuer has in the
Note Resolution granted to the Noteholder a pledge of the Pledged Revenues. The Issuer hereby
JUN - 8 1999 -
ratifies and affirms that the Notes are issued subject to any and all provisions of the Note
Resolution.
ARTICLE III
COVENANTS OF THE ISSUER
Section 3.01 Affirmative Covenants. Subject to the Note Resolution, the Issuer
covenants, for so long as any of the principal amount of or interest on the Notes is outstanding and
unpaid or any duty or obligation of the Issuer hereunder or under any of the other Loan
Documents remains unpaid or unperformed, as follows:
(a) Payme~ The Issuer covenants that it shall duly and punctually pay the principal
of the Notes and the interest thereon at the dates and place and in the manner provided herein, in
the Note Resolution and in the Notes according to the true intent and meaning thereof.
(b) Use of Proceeds. The Issuer covenants that the proceeds from the Notes will be
used only for Costs of the Project.
(c) Notice of Defaults. The Issuer shall within ten (10) days after it acquires
knowledge hereof, notify the Bank in writing upon the happening, occurrence, or existence of any
Event of Default, and any event or condition which with the passage of time or giving of notice,
or both, would constitute an Event of Default, and shall provide the Bank with such written notice,
a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being
taken or r~oposed to be taken by the Issuer with respect thereto.
(d~ MaiatenancaDLExiste, a~ The Issuer covenants that it will take all reasonable legal
action wi~ltfin its control in order to maintain its existence until all amounts due and owing from
the Issuer ~o the Bank under the Loan Documents have been paid in full.
(e) Records. T~e Issuer agrees that any and all records of the Issuer with respect to
the Projecq and/or the Loan Documents shall be open to inspection by the Bank or its
representatives at all reasonable times at the offices the Issuer.
(f) Xear_2,1~10~~. The Issuer will promptly notify the Bank in the event the
Issuer discovers or determines that any computer application (including those of its 'suppliers and
vendors) that is~material to its ability repay the Notes will not be Year 2000 compliant on a timely
basis. The Issuer reasonably believes that all computer applications (including those of its
suppliers and ve~adors) that are material to its ability to pay principal of an interest on the Notes
will on a timely '/~asis be able to perform properly date-sensitive functions for all dates before and
after January 1, 2000.
4
JUN - 8 1999-
Section 3.02 Negative Covenants. The Issuer covenants, for so long as any. of the
principal mount of or interest on the Note is outstanding and unpaid or any obligations of the
Issuer under any of the Loan Documents remain unpaid or unperformed, that:
(a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action
impairing the authority thereby or hereby given with respect to the issuance and payment of the
Notes, without prior written approval of the Noteholder.
(b) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to
the Note Resolution.
Section 3.03 Incom. oration of Note Resolution. All representations, covenants and
warranties of the Issuer contained in the Note Resolution are incorporated herein by reference to
the same extent as if set forth verbatim herein and constitute part of this Agreement.
ARTICLE IV
THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND
PAYMENT TERMS; OPTIONAL PREPAYMENT; ADVANCES
Section 4.01 12he_Ixmm The Bank hereby agrees to loan to the Issuer the amount of up
to $ I0,000,000 to be evidenced by one or more Notes, in each case to provide funds to finance
certain of the Costs of the Project, upon the terms and conditions set forth in the Note Resolution
and in this Agreement. The Issuer agrees to repay the principal amount borrowed plus interest
thereon, upon the terms and conditions set forth in the Loan Documents.
Section .4.02. Requisitions for Advances; Other Conditions.
(a) The Issuer may borrow from time to time up to $10,000,000 represented by Notes
by rtquesting Advances hereunder, provided that amounts borrowed may be repaid but may not
be reborrowed, amd provided further that no Advance will be made after June 9, 2004. The Issuer
may not request more than one .Advance in any month and no Advance may be for less than
$100~000.
Co) The,.]Sank shall not be obligated to Advance any funds unless (i) no Event of Default
has occurred and is :ontinuing; and (ii) the Issuer delivers to the Bank a' written request for such
Advar~ce, executed l~j the Chairman., indicating the amount of the Advance requested, the date on
which sach Advance ia to be made (which shall be not less than five (5) and not more than ten (10)
Business Days after the date such request is received by the Bank), stating that the representations
and warranties of the Issuer contained herein are true and correct as of such date, stating the
Maturity Date and wheth¢~ the Note is anticipated to be a "qualified tax-exempt obligation" within
the meaning of Section 265(b)(3) of the Code and the further conditions set forth in (c), below,
shall have been satisfied. Unless a Note has a Maturity Date not later than June 9, 2004, the Note
shall not be issued, nor shall the Bank have any obligation to make the related Advance, unless
5
JUN - 8 1999
the opinion of Bond Counsel referred to in (c)(ii) below shall state that Park Impact Fees may
lawfully be used to pay all of the principal and interest on such Note, unless the Bank in its
discretion should agree otherwise.
(c) On the date of any Advance, in addition to all other items required hereby, by the
Note Resolution or by the Note, on the date of any Advance, the Issuer shall deliver to the Bank
the following:
(i) the written opinion of the County Attorney to the Issuer, in form and
substance reasonably satisfactory to the Bank, to the effect that (a) the Note Resolution, this Loan
Agreement and the Note are duly authorized, executed and delivered by the Issuer, remain in full
force and effect, and constitute the valid and binding obligations of the Issuer enforceable in
accordance with their terms; (b) the making of the Advance and the execution and delivery by the
Issuer of the Note related thereto do not result in a violation of any provision of any of the Loan
Documents; and (c) to the best knowledge of the County Attorney, no Event of Default or event
which with the passage of time or the giving of notice, or both, would constitute an Event of
Default exists; and
(ii) an opinion of Bond Counsel acceptable to the Bank, in form and substance
acceptable to the Bank, to the effect that the interest on the Note related to such Advance is
excludable from the gross income of the Bank for federal income tax purposes, the Note and the
interest thereon is exempt from all intangible personal property taxes and excise taxes on
documents imposed by the State of Florida, if the Note is a "qualified tax- exempt obligation"
within the meaning of Section 265(b)(3) of the Code so stating, and, if the Note has a Maturity
Date later than June 9, 2004, stating whether Park Impact Fees may lawfully be used to pay debt
service tm such Note; and
(iii) such other instruments, documents and certificates as the Bank may
reasonably' request in order to demonstrate that the Advance is being made in accordance with the
terms he~eof and applicable law.
Ser, tion 4.03. ~. The Bank and the Issuer agree that on June 9, 1999 the
Issuer shall issue, and the Bank shall purchase with an Advance in the amount of $4,275,000.00,
the Issuer's $4,275,000.00 Promissory Note (North Naples Community Park Project - 1999) (the
"1999 No'~e"). The 1999 Note shall have the Five Year Maturity Date and shall bear interest at
the rate of 5.80% per annum (the Five Year Non-BQ Rate).
ARTICLE V
EVENTS OF DEFAULT
Section 5.01 GeaeraL An "Event of Default" shall be deemed to have occurred under
this Agreement if:
6
(a) The Issuer shall fail to make any payment of the principal of or the interest on the
Loan within fifteen (15) days after the same shall become due and payable, whether by maturity,
by acceleration at the discretion of the Bank as provided for in Section 5.02, or otherwise; or
(b) the Issuer shall default in the performance of or compliance with any term or
covenant contained in the Loan Documents, other than a term or covenant a default in the
performance of which or noncompliance with which is elsewhere specifically dealt with, which
default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice
thereof to the Issuer by the Bank; or (ii) the Bank is notified of such noncompliance or should have
been so notified pursuant to the provisions of Section 3.01(c) of this Agreement, whichever is
earlier; or
(c) any representation or warranty made in writing by or on behalf of the Issuer in any
Loan Document shall prove to have been false or incorrect in any material respect on the date
made or reaffirmed; or
(d) The Issuer admits in writing its inability to pay its debts generally as they become
due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or
consents to the appointment of a receiver or trustee for itself; or
(e) The Issuer is adjudged insolvent by a court of competent jurisdiction, or it is
adjudged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order,
judgment m' decree is entered by any court of competent jurisdiction appointing, without the
consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property,
and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside
or stayed within ninety (90) days from the date of entry thereof; or
(f) The Issuer shall file a petition or answer seeking reorganization or any arrangement
under the '~deral bankruptcy laws or any other applicable law or statute of the United States of
America (>,r the State of Florida; or
(g) The Issuer shall default in the due and punctual payment or performance of
covenants uader any obligatioa for the payment of money to the Bank.
Section 5.02 Effect of Event of Default.
(a) General. Upon the occurrence of any Event of Default,'subject to the provisions
of the Note Resolution, the Bank shall have and may exercise any or all of the rights set forth
herein (which r'~ghts are in addition to and not in lieu of any other rights the Bank may have under
arltplicable law) provided, however, the Bank shall be under no duty or obligation to do so.
(13) Acceleration; Other Remedies. Immediately and without notice, upon the
occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the
Loan Documents to be immediately due and payable without further action of any kind and upon
such declaration the Notes and the interest accrued thereon shall become immediately due and
7
payable. Upon such declaration, the Bank may also seek enforcement of and exercise all remedies
available to it under the Note Resolution, the Act and any other applicable law.
ARTICLE VII
MISCELLANEOUS
Section 6.01 No Waiver; cumulative Remedies. No failure or delay on the part of the
Bank in exercising any right, power, remedy hereunder, or under the Note or other Loan
Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor
shall any single or partial exercise of any such right, power or remedy preclude any other or
further exercise thereof, or the exercise of any other right, power or remedy hereunder or
thereunder. The remedies herein and therein provided are cumulative and not exclusive of any
remedies provided by law or in equity.
Section 6.02 Amendments, Changes or Modifications to the Agreement. This Agreement
shall not be amended, changed or modified without the prior written consent of the Noteholders
and lhe Issuer. The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees
incurred in modifying and/or amending this Agreement at the Issuer's request or behest.
Section 6.03 Cfluntetgat~ This Agreement may be executed in any number of
couaterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts s~.ll together constitute but one and the same Agreement, and, in making proof of
this Agreern~. it shall not be necessary to produce or account for more than one such
counterpart.
Sectitm 6~04 ~ If any clause, provision or section of this Agreement shall be
held illegal or iavalid by any court, the invalidity of such clause, provision or section shall not
affect any othe~ p~ovisions or sections hereof, and this Agreement shall be construed and enforced
to the end thru fli~ transactions contemplated hereby be effected and the obligations contemplated
here~y be enformd, as if such illegal or invalid clause, provision or section had not been contained
herein.
Section &05 Term of Agreement. Except as otherwise specified in this Agreement, this
Agreement and 'all representations, warranties, covenants and agreements contained herein or
made in writing by the Issuer in connection herewith shall be in full force and effect from the date
hereof and shall continue in effect until as long as the Note is outstanding.
Section 6.06 Notices. All notices, requests, demands and other communications which
are required or may be given under this Agreement shall be in writing and shall be deemed to have
been duty given when received if personally delivered; when transmitted if transmitted by
telecopy, electronic telephone line facsimile transmission or other similar electronic or digital
transmission method (provided customary evidence of receipt is obtained); the day after it is sent,
if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail,
8
return receipt requested, postage prepaid. In each case notice shall be sent to:
If to the Issuer:
Collier County, Florida
3301 Tamiami Trail East
Naples, Florida 34112
Atm.: County Attorney
If to the Bank:
NationsBank, N.A.
Commercial Banking
4501 North Tamiami Trail
Suite 400
Naples, Florida 34103
or to such other address as either party may have specified' in writing to the other using the
procedures specified above in this Section 6.06.
Section 6.07 Applicable Law. This Agreement, and each of the Loan Documents and
transactions contemplated herein, shall be construed pursuant to and governed by the substantive
laws of the State of Florida.
Section 6.08 Binding Effect; Assignment. This Agreement shall be binding upon and
inure to the benefit of the successors in interest and permitted assigns of the parties. The Issuer
shall have no fights to assign any of their rights or obligations hereunder without the prior written
consent of the Bank.
Section 6.09 C_onflicL In the event any conflict arises between the terms of this
Agreement and the terms of any other Loan Document, the terms of this Agreement shall govern
in all/nstances of such conflict.
Section 6.10 No Third Party. Beneficiaries. k is the intent and agreement of the parties
hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party
hereto shall have any righls or privileges hereunder.
Section 6.11 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank
agree tl~at in any suit, action or proceeding brought in connection with this Agreement, the Notes,
or the l~ote Resolution (including any appeal(s)), the prevailing party shall be entitled to recover
costs a~d attorneys' fees froaa the other party.
Sextiom 6.12 Entire A~eemem. Except as otherwise expressly provided, this Agreement
and the other D~aaDocuments embo&y the entire agreement and understanding between the parties
hereto and supersede all prior agreements and understandings relating to the subject matter hereof.
In furtherance of and not in limitation of the foregoing, that certain Request for Proposals dated
March 4, 1999 and the response thereto of the Bank are hereby superseded to the extent any
provision of this Agreement, the Notes, or the Note Resolution conflicts with a provision of said
documents.
9
,fUN- 8 1999
Section 6.13 Further Assurances. The parties to this Agreement will execute and
deliver, or cause to be executed and delivered, such additional or further documents, agreements
or instruments and shall cooperate with one another in all respects for the purpose of out the
transactions contemplated by this Agreement.
Section 6.14 Incorporation by Reference. All of the terms and obligations of the Note
Resolution are hereby incorporated herein by reference as if said Note Resolution was fully set
forth in this Agreement.
Section 6.15 Costs and Expenses. The Issuer agrees to pay all reasonable costs and
expenses incurred by the Bank in connection with the preparation, execution and delivery of this
Agreement, the Note and the Loan and any other documents that may be prepared or delivered in
connection with this Agreement, including without limitation the reasonable fees and out of pocket
expenses of the Bank's attorneys with respect thereto, such attorneys fees to be in a total amount
of $10,000.00 in connection with the first Advance. The Issuer shall pay any attorneys fees as
may be required in connection with the opinions referred to in Section 5.02(c) for Advances other
than the first Advance.
Section 6.16 Arbitration. Any controversy or claim between the parties hereto including
but not limited to those arising out of or relating to this Agreement or any related instruments,
agreements or documents, including any claim based on or arising from an alleged tort, shall be
determined by binding arbitration in accordance with the Federal Arbitration Act (or if not
applicable, the applicable state law), the Rules of Practice and Procedure for the Arbitration of
Commercial Disputes of Judicial Arbitration and Mediation Services, Inc. (J.A.M.S.), and the
"Special Rules" set forth below. In the event of any inconsistency, the Special Rules shall control.
Judgment upon any arbitration award may be entered in any court having jurisdiction. Either
party to this Agreement may bring an action, including a summary or expedited proceeding, to
compel arbitration of any controversy or claim to which this Agreement applies in any court
having jurisdiction over such action.
(a) Special Rules. The arbitration shall be conducted in the Collier County, Florida and
administered by ~ndispute, Inc., d/b/a J.A.M.S./Endispute who will appoint an arbitrator; if
J.A.M.S./Endispute is unable or legally precluded from administering the arbitration, then the
American Arbittaoit~ Association will serve. All arbitration hearings will be commenced within
90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause,
be permitted to extet~t the commencement of such hearing for up to an additional 60 days.
(b) Reservation of Rights. Nothing in this Agreement shall be deemed to (i) limit the
applicability of any o~erwise applicable statutes of limitation or repose and any waivers contained
in this Agreement; or (iD be a waiver by the Bank of the protection afforded to it by 12 U.S.C.
Sec. 91 or any substantially equivalent state law, or (iii) obtain from a court provisional or
ancillary remedies such as (but not limited to) injunctive relief or the appointment of a receiver.
The Bank may obtain such provisional or ancillary remedies before, during or after the pendency
of any arbitration proceeding brought pursuant to this Agreement. Neither the institution or
maintenance of an action for ancillary remedies shall constitute a waiver of the right of any party
10
JUN - 8 1999
to arbitrate the merits of the controversy or claim occasioning resort to such remedies. No
provision in the Loan Documents regarding submission to jurisdiction and/or venue in court is
attended to be or shall be construed to be in derogation of the provisions of any Loan Document
for arbitration of any controversy or claim.
11
JUN - 8 1999
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective
between them as of the Date of Execution set forth below.
COLLIER COUNTY, FLORIDA
(SEAL)
ATTEST:
Dwight E. Brock, Clerk
By:
Title: Chairman, Board of County Commission
Deputy Clerk
NATIONSBANK, N.A.
By:
Title: Vice President
G:\14184\63\Loan Agreement(2).wpd
12
LOAN AGREEMENT
This LOAN AGREEMENT (the "Agreement") is made and entered into as of June 9,
1999, by and between the Collier County, Florida, a political subdivision of the State of Florida,
and its successors and assigns (the "Issuer"), and NationsBank, N.A., a national banking
association, and its successors and assigns as holder(s) of the hereinafter defined Note(s) (the
"Bank");
WHEREAS, the Board of County Commissioners of the Issuer did, on June 8, 1999, adopt
Resolution No. 99-~(the "Note Resolution") authorizing, among other things the issuance of
Promissory Notes of the Issuer in the aggregate principal amount not to exceed $10,000,000
(collectively, the "Notes") for the purpose of financing certain of the Costs of the Project (as
defined in the Note Resolution); and
WHEREAS, the Bank is willing to enter into this Agreement with the Issuer to provide the
financing for the Costs of the Project; and
WHEREAS, the Issuer hereby determines that it is desirable and in the best interest of the
Issuer to enter into this Agreement whereby the Issuer will borrow funds from the Bank for the
purpose of financing the Costs of the Project (the "Loans") and to evidence the repayment of such
Loans by the issuance and delivery of the Notes to ~he Bank in the aggregate principal amount of
the Loans; and
WHEREAS, the Notes shall be issued pursuant to the terms and provisions of the Note
Resolution and this Agreement; and
WHEREAS, the execution and delivery of this Agreement have been duly authorized by
the Note Resolution.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby and in
consideration of the mutual covenants hereinafter contained, DO HEREBY AGREE as follows:
ARTICLE I
DEFINITION OF TERMS
Section 1.01 Dcfinifim~ The words and terms used in this Agreement shall have the
meanings as set forth in the Note Resolution and in the recitals above, unless otherwise defined
herein. Unless the context shall otherwise require, the following words and terms as used in this
Agreement shall have the following meanings:
"Advance" means a borrowing of money under a Note, pursuant to Section 5.04 hereof.
"Agreement" shall mean this Loan Agreement and any and all modifications, alterations,
amendments and supplements hereto made in accordance with the provisions hereof.
"Event of Default" shall mean an event of default specified in Article V of this Agreement.
"Loan" shall mean the outstanding principal amount of the Note issued hereunder.
"Loan Documents" shall mean this Agreement, the Notes, the Note Resolution, and all
other documents, agreements, certificates, schedules, notes, statements, and opinions, however
described, referenced herein or executed or delivered pursuant hereto or in connection with or
arising with the Loans or the transaction contemplated by this Agreement.
"Noteholder" shall mean the Bank as the holder of the Notes, or any other registered holder
of the Notes.
Section 1.02 Iatm:px~ttim~ Unless the context clearly requires otherwise, words of
masculine gender shall be construed to include correlative words of the feminine and neuter
genders and vice versa, and words of the singular number shall be construed to include correlative
words of the plural number and vice versa. This Agreement and all the terms and provisions
hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity
hereof.
Section 1.03 Titles and Headings. The titles and headings of the articles and sections of
this Agreement have been inserted for convenience'of reference only and are not to be considered
a part hereof, shall not in any way modify or restrict any of the terms and provisions hereof, and
shall not be considered or given any effect in construing this Agreement or any provision hereof
or in ascertaining intent, if any question of intent should arise.
ARTICLE II
REPRESENTATIONS OF ISSUER
Subject to the Note Resolution, the Issuer represents and warrants to the Bank that:
Section 2.01 Powers of Issuer. The Issuer is a political subdivision duly organized and
validly existing as a county under the laws of the State of Florida. The Issuer has the power to
borrow the amount provided for in this Agreement, to execute and deliver the Notes and this
Agreement, to secure the Notes in the manner contemplated hereby and by the Note Resolution,
and to perform and observe all the terms and conditions of the Notes and this Agreement on its
part to be performed and observed. The Issuer is or will be within the time required by law
empowered to commence and prosecute the Project and the Issuer may lawfully issue the Notes
in order to finance the Cost of the Project.
Section 2.02 Auihoxizat/omoLLoam The Issuer has had or will have, as the case may
be, full legal right, power, and authority to adopt the Note Resolution and to execute and deliver
this Agreement, to issue, sell, and deliver the Notes to the Bank, and to carry out and consummate
all other transactions contemplated by the Loan Documents, and the Issuer has complied and will
2
J UN - 8 1999
comply with all provisions of applicable law in all material matters relating to such transactions.
The Issuer, by the Note Resolution, has duly authorized the borrowing of the amount provided for
in this Agreement, the execution and delivery of this Agreement, and the making and delivery of
the Notes to the Bank provided for in this Agreement and to that end the Issuer warrants that it
will take all action and will do all things which it is authorized by law to take and to do in order
to fulfill all covenants on its part to be performed and to provide for and to assure payment of the
Notes. The Issuer has duly adopted the Note Resolution and authorized the execution, delivery,
and performance of the Notes and the Loan Agreement and the taking of any and all other such
action as may be required on the part of the Issuer to carry out, give effect to and consummate the
transactions contemplated by the Loan Documents. The Notes have been duly authorized,
executed, issued and delivered to the Bank and constitute legal, valid and binding obligations of
the Issuer enforceable in accordance with their terms and the terms of the Note Resolution, and
are entitled to the benefits and security of the Note Resolution and this Agreement. All approvals,
consents, and orders of and filings with any governmental authority or agency which would
constitute a condition precedent to the issuance of the Notes or the execution and delivery of or
the performance by the Issuer of its obligations under the Loan Documents have been obtained or
made and any consents, approvals, and orders to be received or filings so made are in full force
and effect.
Section 2.03 Agrgemem~ The making and performing by the Issuer of this Agreement
will not violate any provision of the Act, or any bond or note resolution of the Issuer, or any
regulation, order or decree of any court, and will hot result in a breach of any of the terms of any
agreement or instrument to which the Issuer is a party or by which the Issuer is bound. The Loan
Documents constitute legal, valid and binding obligations of the Issuer enforceable in accordance
with their respective terms.
Section 2.04 Litigatina,~ There are no actions or proceedings pending against the
Issuer or affecting the Issuer which, either in any case or in the aggregate, might result in any
material adverse change in the financial condition of the Issuer, or which questions the validity of
this Agreement, the Notes or any of the other Loan Documents or of any action taken or to be
taken in connection with the transactions contemplated hereby or thereby. The Issuer is not in
default in any material respect under any agreement or other instrument to which it is a party or
by which it may be bound.
Section 2.05 Financial Information. The financial information regarding the Issuer
furnished to the Bank by the Issuer in connection with the Loan is complete and accurate, and
there has been no material and adverse change in the financial condition of the Issuer from that
presented in such information. The Issuer shall annually, within 180 days after the end of each
fiscal year of the Issuer, provide the Bank with such financial information as shall be necessary
to enable the Bank to determine the amount of and expenditures of Park Impact Fees and Non Ad
Valorem Revenues with respect to such fiscal year.
Section 2.06 PledgemLEunds~ The Notes shall be secured by and the Issuer has in the
Note Resolution granted to the Noteholder a pledge of the Pledged Revenues. The Issuer hereby
JUN - 8 1999
ratifies and affirms that the Notes are issued subject to any and all provisions of the Note
Resolution.
ARTICLE III
COVENANTS OF THE ISSUER
Section 3.01 Affirmative Covenants. Subject to the Note Resolution, the Issuer
covenants, for so long as any of the principal amount of or interest on the Notes is outstanding and
Unpaid or any duty or obligation of the Issuer hereunder or under any of the other Loan
Documents remains unpaid or unperfo..rmed, as follows:
(a) Payment. The Issuer covenants that it shall duly and punctually pay the principal
of the Notes and the interest thereon at the dates and place and in the manner provided herein, in
the Note Resolution and in the Notes according to the true intent and meaning thereof.
(b) ~ The Issuer covenants that the proceeds from the Notes will be
used only for Costs of the Project.
(c) l:~.ice.~LDe,~lts. The IsSuer ~hall within ten (10) days after it acquires
knowledge hereof, notify the Bank in writing upon the happening, occurrence, or existence of any
Event of Default, and any event or condition which with the passage of time or giving of notice,
or both, would constitute an Event of Default, and shall provide the Bank with such written notice,
a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being
taken or proposed to be taken by the Issuer with respect thereto.
(d) ' ' The Issuer covenants that it will take all reasonable legal
action within its control in order to maintain its existence until all amounts due and owing from
the Issuer to the Bank under the Loan Documents have been paid in full.
(e) Records. The Issuer agrees that any and all records of the Issuer with respect to
the Project and/or the Loan Documents shall be open to inspection by the Bank or its
representatives at all reasonable times at the offices the Issuer.
(f) Y~_20f~)~2mnpliance. The Issuer will promptly notify the Bank in the event the
Issuer discovers or determines that any computer application (including those of its suppliers .and
vendors) that is material to its ability repay the Notes will not be Year 2000 compliant on a timely
basis. The Issuer reasonably believes that all computer applications (including those of its
suppliers and vendors) that are material to its ability to pay principal of an interest on the Notes
will on a timely basis be able to perform properly date-sensitive functions for all dates before and
after January 1, 2000.
Section 3.02 Negative Covenants. The Issuer covenants, for so long as any of the
principal amount of or interest on the Note is outstanding and unpaid or any obligations of the
Issuer under any of the Loan Documents remain unpaid or unperformed, that:
(a) The Issuer shall not alter, amend or repeal the Note Resolution, or take any action
impairing the authority thereby or hereby given with respect to the issuance and payment of the
Notes, without prior written approval of the Noteholder.
(b) The Issuer shall not pledge or encumber the Pledged Revenues except pursuant to
the Note Resolution.
Section 3.03 Incorporation of Note Resolution. All representations, covenants and
warranties of the Issuer contained in the' Note Resolution are incorporated herein by reference to
the same extent as if set forth verbatim herein and constitute part of this Agreement.
ARTICLE IV
THE LOAN; ISSUER'S OBLIGATION; DESCRIPTION AND
PAYMENT TERMS; OPTIONAL PREPAYMENT; ADVANCES
Section 4.01 T_he_Loam The Bank hereby agrees to loan to the Issuer the amount of up
to $10,000,000 to be evidenced by one or more Notes, in each case to provide funds to finance
certain of the Costs of the Project, upon the terms and conditions set forth in the Note Resolution
and in this Agreement. The Issuer agrees to repay the principal amount borrowed plus interest
thereon, upon the terms and conditions set forth in the Loan Documents.
Section 4.02. Requisitions for Advances; Other Conditions.
(a) The Issuer may borrow from time to time up to $10,000,000 represented by Notes
by requesting Advances hereunder, provided that amounts borrowed may be repaid but may not
be reborrowed, and provided further that no Advance will be made after June 9, 2004. The Issuer
may not request more than one Advance in any month and no Advance may be for less than
$100,000.
(b) The Bank shall not be obligated to Advance any funds unless (i) no Event of Default
has occurred and is continuing; and (ii) the Issuer delivers to the Bank a written request for such
Advance, executed by the Chairman, indicating the amount of the Advance requested, the date on
which such Advance is to be made (which shall be not less than five (5) and not more than ten (10)
Business Days after the date such request is received by the Bank), stating that the representations
and warranties of the Issuer contained herein are true and correct as of such date, stating the
Maturity Date and whether the Note is anticipated to be a "qualified tax-exempt obligation" within
the meaning of Section 265(b)(3) of the Code and the further conditions set forth in (c), below,
shall have been satisfied. Unless a Note has a Maturity Date not later than June 9, 2004, the Note
shall not be issued, nor shall the Bank have any obligation to make the related Advance, unless
1999
the opinion of Bond Counsel referred to in (c)(ii) below shall state that Park Impact Fees may
lawfully be used to pay all of the principal and interest on such Note, unless the Bank in its
discretion should agree otherwise.
(c) On the date of any Advance, in addition to all other items required hereby, by the
Note Resolution or by the Note, on the date of any Advance, the Issuer shall deliver to the Bank
the following:
(i) the written opinion of the County Attorney to the Issuer, in form and
substance reasonably satisfactory to the Bank, to the effect that (a) the Note Resolution, this Loan
Agreement and the Note are duly authorized, executed and delivered by the Issuer, remain in full
force and effect, and constitute the valid and binding obligations of the Issuer enforceable in
accordance with their terms; (b) the maidng of the Advance and the execution and delivery by the
Issuer of the Note related thereto do not result in a violation of any provision of any of the Loan
Documents; and (c) to the best knowledge of the County Attorney, no Event of Default or event
which with the passage of time or the giving of notice, or both, would constitute an Event of
Default exists; and
(ii) an opinion of Bond Counsel acceptable to the Bank, in form and substance
acceptable to the Bank, to the effect that the interest on the Note related to such Advance is
excludable from the gross income of the Bank for federal income tax purposes, the Note and the
interest thereon is exempt from all intangible 'personal property taxes and excise taxes on
documents imposed by the State of Florida, if the Note is a "qualified tax- exempt obligation"
within the meaning of Section 265(b)(3) of the Code so stating, and, if the Note has a Maturity
Date later than June 9, 2004, stating whether Park Impact Fees may lawfully be used to pay debt
service on such Note; and
(iii) such other instruments, documents and certificates as the Bank may
reasonably request in order to demonstrate that the Advance is being made in accordance with the
terms hereof and applicable law.
Section 4.03. Initial Adgaace. The Bank and the Issuer agree that on June 9, 1999 the
Issuer shall issue, and the Bank shall purchase with an Advance in the amount of $4,275,000.00,
the Issuer's $4,275,000.00 Promissory Note (North Naples Community Park Project - 1999) (the
"1999 Note"). The 1999 Note shall have the Five Year Maturity Date and shall bear interest at
the rate of 5.80 % per annum (the Five Year Non-BQ Rate).
Section 5.01
this Agreement if:
ARTICLE V
EVENTS OF DEFAULT
General An "Event of Default" shall be deemed to have occurred under
6
JUFI - 8 1999
(a) The Issuer shall fail to make any payment of the principal of or the interest on the
Loan within fifteen (15) days after the same shall become due and payable, whether by maturity,
by acceleration at the discretion of the Bank as provided for in Section 5.02, or otherwise; or
(b) the Issuer shall default in the performance of or compliance with any term or
covenant contained in the Loan Documents, other than a term or covenant a default in the
performance of which or noncompliance with which is elsewhere specifically dealt with, which
default or non-compliance shall continue and not be cured within thirty (30) days after (i) notice
thereof to the Issuer by the Bank; or (ii) the Bank is notified of such noncompliance or should have
been so notified pursuant to the provisions of Section 3.01(c) of this Agreement, whichever is
earlier; or
(c) any representation or warranty made in writing by or on behalf of the Issuer in any
Loan Document shall prove to have been false or incorrect in any material respect on the date
made or reaffirmed; or
(d) The Issuer admits in writing its inability to pay its debts generally as they become
due or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or
consents to the appointment of a receiver or trustee for itself; or
(e) The Issuer is adjudged insolvent l~y'a court of competent jurisdiction, or it is
adjudged a bankrupt on a petition in bankruptcy filed by or against the Issuer, or an order,
judgment or decree is entered by any court of competent jurisdiction appointing, without the
consent of the Issuer, a receiver or trustee of the Issuer or of the whole or any part of its property,
and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside
or stayed within ninety (90) days from the date of entry thereof; or
(f) The Issuer shall file a petition or answer seeking reorganization or any arrangement
under the federal bankruptcy laws or any other applicable law or statute of the United States of
America or the State of Florida; or
(g) The Issuer shall default in the due and punctual payment or performance of
covenants under any obligation for the payment of money to the Bank.
Section 5.02 Effect of Event of Default.
(a) GeaexaL Upon the occurrence of any Event of Default, subject to the provisions
of the Note Resolution, the Bank shall have and may exercise any or all of the rights set forth
herein (which rights are in addition to and not in lieu of any other rights the Bank may have under
applicable law) provided, however, the Bank shall be under no duty or obligation to do so.
(b) Acceleration; Other Remedies. Immediately and without notice, upon the
occurrence of any Event of Default, the Bank may declare all obligations of the Issuer under the
Loan Documents to be immediately due and payable without further action of any kind and upon
such declaration the Notes and the interest accrued thereon shall become immediately due and
JUN - 8 1999
payable. Upon such declaration, the Bank may also seek enforcement of and exercise all remedies
available to it under the Note Resolution, the Act and any other applicable law.
ARTICLE VII
MISCELLANEOUS
Section 6.01 No Waiver; Cumulative Remedies. No failure or delay on the part of the
Bank in exercising any right, power, remedy hereunder, or under the Note or other Loan
Documents shall operate as a waiver of the Bank's rights, powers and remedies hereunder, nor
shall any single or partial exercise of any such right, power or remedy preclude any other or
further exercise thereof, or the exercise of any other right, power or remedy hereunder or
thereunder. The remedies herein and therein provided are cumulative and not exclusive of any
remedies provided by law or in equity.
Section 6.02 Amendments, Changes or Modifications to the Agreement. This Agreement
shall not be amended, changed or modified without the prior written consent of the Noteholders
and the Issuer. The Issuer agrees to pay all of the Bank's costs and reasonable attorneys' fees
incurred in modifying and/or amending this Agreement at the Issuer's request or behest.
Section 6.03 Cauntelpma~ This Agr&ement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an original; but such
counterparts shall together constitute but one and the same Agreement, and, in making proof of
this Agreement, it shall not be necessary to produce or account for more than one such
counterpart.
Section 6.04 ~ If any clause, provision or section of this Agreement shall be
held illegal or invalid by any court, the invalidity of such clause, provision or section shall not
affect any other provisions or sections hereof, and this Agreement shall be construed and enforced
to the end that the transactions contemplated hereby be effected and the obligations contemplated
hereby be enforced, as if such illegal or invalid clause, provision or section had not been contained
herein.
Section 6.05 Term of Agreement. Except as otherwise specified in this Agreement, this
Agreement and all representations, warranties, covenants and agreements contained herein or
made in writing by the Issuer in connection herewith shall be in full force and effect from the date
hereof and shall continue in effect until as long as the Note is outstanding.
Section 6.06 Notices. All notices, requests, demands and other communications which
are required or may be given under this Agreement shall be in writing and shall be deemed to have
been duly given when received if personally delivered; when transmitted if transmitted by
telecopy, electronic telephone line facsimile transmission or other similar electronic or digital
transmission method (provided customary evidence of receipt is obtained); the day after it is sent,
if sent by overnight common carrier service; and five days after it is sent, if mailed, certified mail,
8
JUN - 8 999
return receipt requested, postage prepaid. In each case notice shall be sent to:
If to the Issuer:
Collier County, Florida
3301 Tamiami Trail East
Naples, Florida 34112
Atm.: County Attorney
If to the Bank:
NationsBank, N.A.
Commercial Banking
4501 North Tamiami Trail
Suite 400
Naples, Florida 34103
or to such other address as either party may have specified in writing to the other using the
procedures specified above in this Section 6.06.
Section 6.07 Al~plic, ahlLLaw~ This Agreement, and each of the Loan Documents and
transactions contemplated herein, shall be construed pursuant to and governed by the substantive
laws of the State of Florida.
Section 6.08 Binding Effect; Assi~,nment'. 'This Agreement shall be binding upon and
inure to the benefit of the successors in interest ahd permitted assigns of the parties. The Issuer
shall have no rights to assign any of their rights or obligations hereunder without the prior written
consent of the Bank.
Section 6.09 ~ In the event any conflict arises between the terms of this
Agreement and the terms of any other Loan Document, the terms of this Agreement shall govern
in all instances of such conflict.
Section 6.10 No Third Party. Beneficiaries. It is the intent and agreement of the parties
hereto that this Agreement is solely for the benefit of the parties hereto and no person not a party
hereto shall have any rights or privileges hereunder.
Section 6.11 Attorneys Fees. To the extent legally permissible, the Issuer and the Bank
agree that in any suit, action or proceeding brought in connection with this Agreement, the Notes,
or the Note Resolution (including any appeal(s)), the prevailing party shall be entitled to recover
costs and attorneys' fees from the other party.
Section 6.12 Entire Agreement. Except as otherwise expressly provided, this Agreement
and the other Loan Documents embody the entire agreement and understanding between the parties
hereto and supersede all prior agreements and understandings relating to the subject matter hereof.
In furtherance of and not in limitation of the foregoing, that certain Request for Proposals dated
March 4, 1999 and the response thereto of the Bank are hereby superseded to the extent any
provision of this Agreement, the Notes, or the Note Resolution conflicts with a provision of said
documents.
9
JUN - 8 1999
Section 6.13 Eutlhex_&ssurances. The parties to this Agreement will execute and
deliver, or cause to be executed and delivered, such additional or further documents, agreements
or instnnnents and shall cooperate with one another in all respects for the purpose of out the
transactions contemplated by this Agreement.
Section 6.14 Incorporation by Reference. All of the terms and obligations of the Note
Resolution are hereby incorporated herein by reference as if said Note Resolution was fully set
forth in this Agreement.
Section 6.15 Costs and Expenses. The Issuer agrees to pay all reasonable costs and
expenses incurred by the Bank in connection with the preparation, execution and delivery of this
Agreement, the Note and the Loan and.any other documents that may be prepared or delivered in
connection with this Agreement, including without limitation the reasonable fees and out of pocket
expenses of the Bank's attorneys with respect thereto, such attorneys fees to be in a total amount
of $10,000.00 in connection with the first Advance. The Issuer shall pay any attorneys fees as
may be required in connection with the opinions referred to in Section 5.02(c) for Advances other
than the first Advance.
Section 6.16 Arbitration. Any controversy or claim between the parties hereto including
but not limited to those arising out of or relating to this Agreement or any related instruments,
agreements or documents, including any claim based on or arising from an alleged tort, shall be
determined by binding arbitration in accordanc~ with the Federal Arbitration Act (or if not
applicable, the applicable state law), the Rules of Practice and Procedure for the Arbitration of
Commercial Disputes of Judicial Arbitration and Mediation Services, Inc. (J.A.M.S.), and the
"Special Rules" set forth below. In the event of any inconsistency, the Special Rules shall control.
Judgment upon any arbitration award may be entered in any court having jurisdiction. Either
party to this Agreement may bring an action, including a summary or expedited proceeding, to
compel arbitration of any controversy or claim to which this Agreement applies in any court
having jurisdiction over such action.
(a) Special Rules. The arbitration shall be conducted in the Collier County, Florida and
administered by Endispute, Inc., d/b/a J.A.M.S./Endispute who will appoint an arbitrator; if
J.A.M.S./Endispute is unable or legally precluded from administering the arbitration, then the
American Arbitration Association will serve. All arbitration hearings will be commenced within
90 days of the demand for arbitration; further, the arbitrator shall only, upon a showing of cause,
be permitted to extent the commencement of such hearing for up to an additional 60 days.
(b) Reservation of Rights. Nothing in this Agreement shall be deemed to (i) limit the
applicability of any otherwise applicable statutes of limitation or repose and any waivers contained
in this Agreement; or (ii) be a waiver by the Bank of the protection afforded to it by 12 U.S.C.
Sec. 91 or any substantially equivalent state law, or (iii) obtain from a court provisional or
ancillary remedies such as (but not limited to) injunctive relief or the appointment of a receiver.
The Bank may obtain such provisional or ancillary remedies before, during or after the pendency
of any arbitration proceeding brought pursuant to this Agreement. Neither the institution or
maintenance of an action for ancillary remedies shall constitute a waiver of the right of any party
10
JUN - 8 1999
to arbitrate the merits of the controversy or claim occasioning resort to such remedies. No
provision in the Loan Documents regarding submission to jurisdiction and/or venue in court is
attended to be or shall be construed to be in derogation of the provisions of any Loan Document
for arbitration of any controversy or claim.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective
between them as of the Date of Execution set forth below. ~...~
CODEIER COUNTY, FLORIDA
(SEAL) B
· Title~mu~ ~(~ar~'C°unty Commission
signature o.15,
By:
Title: Vice President
11
June 9, 1999
COLLIER COUNTY, FLORIDA
JUN - 8 1999
$4,275,000
· . PROMISSORY NOTE
~:~ , : (North Naples Commumty Park Project - 1999)
.... ' .... ~ '~OW~B MEN BY~T~SE P~SENTS ~t Colher Co~, Flopda,(~e Issuer ), a
polific~' ~u~ivlsion 0f ~e ~S~of- ~ofi~ e~ted'~d' eXist~'p~rSu~t m. ~e Comfl~tion ~d ~e
laws ~of ~e,S~.-of~ ~ortda;.for-vaBe.tecewed~ ~promises to pay~'~om ~e somes hereafter -
provided,, to '~e order of Natlo~Ba~,, N'.A."or registered ass~g~ (herem~r, ~e Owner ),
p~cipal sm of ~,275,~ mge~er wi~ ~mrest on ~e pr~cip~ b~ ou~g at ~e mm ~r
~m of 5:80 %'. (subject to. adjus~ent as hereafter provided) based upon a ye~: of 360... days. . for -
'. ~1 nmber, o lap ed. ' ...... ~' "'''1~: ...... ~"~'
Principal of ~d ~terest on ~is Note are payable ~ law~ money· of ~e Uffi~. S~tes of
~erica m such place as ~e Qwner my. desigm~ to ~e Issuer. ..
'- [. ~ .r~ .~
~~en~ of pr~cipal ~d ~rest on ~ Note shall be payable ~ ten equ~ ~~en~
of ~99,730.13 each, due on each June 9 and December 9, co~enc~g December 9, 1999, to ~d
includ~g J~e 9, 2~ (~e "Ma~ Da~"), ,~e emke ~p~d pr~cipal bal~, toge~er wi~
accrued and unpaid ~rest hereon, s~ll ~ due and payable ~ ~11 on ~e Mamri~ Date.
pa~e~ by ~e Issuer purser to ~s No~ s~ll apply first to accm~ ~terest, ~en to o~er c~ges
due ~e Owner, ~d ~e b~ce ~ereof s~l apply to ~e pr~cipal sm due.
As used in this Note,
· (1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable
thereto;
(2) !'Determination of Taxability" shall mean interest on this Note is determined or
declared to be includable in the gross income of the Owner for federal income tax purposes
under the Code by reason of legislation, judgment of a court of competent jurisdiction or a
final ruling or regulation of the Internal Revenue Service.
Upon the occurrence of a Determination of Taxability, the interest rate on this Note shall be
adjusted to a rate equal to 154% of the interest rate otherwise borne hereby (the "Adjusted Interest
Rate") calculated on the basis of a 360-day year for the actual number of days elapsed, as of and from
the date such determination would be applicable with respect to this Note (the "Accrual Date"); and
(i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner,
as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the
total interest that would have accrued on this Note at the Adjusted Interest Rate from the Accrual
Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Issuer on
this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and
penalties requ. ired~ ,to be paid as a result, of. any additional State of Florida and federal income taxes
JUN 8 1999
imposed upon such Owner and/or former Owner arising as a result of such Determination of
Taxability; and (ii) from and after the Determination of Taxability, this Note shall continue to bear
interest at the Adjusted Interest Rate for the period such determination continues to be applicable with
respect to this Note. This adjustment shall survive payment of this Note until such time as the federal
statute of limitations under which the interest on this Note could be declared taxable under the Code
~'.,~ ~ ~. ~ The principal of and interes,t on this ~Note~ may~be prepaid at the opUon of the Issuer m whole
or in part at any.time'.?The~ shall be no prepayment prenuum or penalty.: P~_epayments of princ~p~
shall bel ~apPlied ~O~the~scheduled~installments6f. principal hereon in~ ~verse~°rder ~f maturity.':i ~'
' r ~ Upon the occurrence of an
the Resolution)then,~e Own?'-maY.~declare the entire debt then ;~ remaining ' unpaid hereunder
~immediately,due `and 'payable; 'and in'any~ such default and accelerations'the Issuer shall also b.e
obligated to pay CoutOnly ,from. the Pledged ReVenues) as'part of the indebtedness evidenced by this
Note~ all cOstS of Collection and enforcement hereof, including such fees ='may be incurred on appeal
or incurred in ~any'proceedi under'bankruptcy laws as they' now or hereafter exist, ' including
specifically but without limitation, ~cla!rns,'~ disputes and proceedings seeking adequate protection or
relief from the automatic stay. ~
Interest at the lesser of 12% per annum or the maximum lawful rate per annum shall be payable
on the entire principal balance owing hereunder from and after the occurrence of and during the
continuation of a default described in the preceding paragraph, irrespective of a declaration of
maturity
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor. ~- '-
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A
GENERAL 'INDEBTEDNESS OF 'THE ISSUER WITHIN THE MEANING OF ANY
CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE
SOLELY FROM THE MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER THE
FAITH AND CREDIT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER, THE
STATE OF FLORIDA OR ANY POLITICAL SUBDMSION THEREOF IS PLEDGED TO THE
PAYMENT OF THE PRLNC~AL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
INCIDENTAL HERETO.~ . '~ " :~ ~ ~
This Note is issued pursuant to a Resolution duly adopted by the Issuer on June 8, 1999, as
from time to time amended'and supplemented (herein referred to as the "Resolution"), and is subject
to all the terms and conditions of the Resolution. All terms, conditions and provisions of the
Resolution are by this reference thereto incorporated herein as a part of this Note. Terms used herein
in capitalized form and not otherwise deemed herein shall have the meanings ascribed thereto in the
Resolution. r ' ~ ~ ~
This Note is payable so!ely from and is secured by a lien upon and pledge of the "Pledged
2
JUN 8 1999
Revenues"as described ~ ~c Resolution. :"No~i~mnd~g ~y o~er provision of ~s Nora, ~c
Issuer. is~not ~d s~ll not be liable'for ~e payment of ~e pr~cipal of ~d ~rest on ~s No~ or
~y liabl 'co~ec ~ ~ ~e Pl~g
o~e~ise ~mone~ e .~ ~on herewi~ ~om.~y prope~ o~er ed
..... "~ ...... ' ~' " ~' ~' ~ ' by ~c'O ~y up
; :,:.., :~ T~s Notc'~y' bc:cxc~ngcd,,or~ff~fc~., wacr hereof but o oa ~e
:.= I ! ..-..' It ~ h~by ~mfi~ :~i~' ~d d~ ~t, all ac~, .condlOo~ and prerequm~tes requ~
to'e~t,.~p~ ~d ~'~ff0~ p~em.;!0~d ~ ~e ex~ufion~ deliVe~'~d ~e ~~'of:~s
~}~J :Note do'exist',~ve'happenCd~and ~ve b~en'~ffo~ ~ duet~c;,~o~ ~d ~cr as ~quked
b daw~ ~d ~at ~e ~ssu~ce-o~ ~s No~:~S .~.~11 corn h~ce,w~ ~d does not exc~.or wola~
....... , .... , .iN,WITNESS ~E~OF+ Colher C~ Fionda ~s ca, ed ~s Note to be execu~d m
i~ ~e by ~e ~ual~sig~ of its' Cha~ ~d a~es~ by ~e m~ sig~e of i~ Clerk,
~d i~ se~ to bc.~pressed hcrcon,~.~!'.~s 9~ day, of June, 1999.':~ =. ,,:. · .
3
;FOR V~UE* ~CE~ED,:.Se ~dersigned hereby; s~lls,, assigm ~d ~fers; ~to .
~ere~er~ ~d hereby ~ev~ably'comfl~tes ~d appo~ . aRomey to .:~ .
In Se presence of ..... , .... . .... ; .
$4,275,000
COLLIER COUNTY, FLORIDA
PROMISSORY NOTE
(NORTH NAPLES COMMUNITY PARK PROJECT - 1999)
GENERAL CERTIFICATE OF THE ISSUER
JUN - 8 1999
We, the undersigned,Chairman, Board of County Commissioners (the "Chairman, Board
of County Commissioners") and Clerk (the "Clerk") of the Board of County Commissioners (the
"Governing Body") of Collier County, Florida (the "Issuer"), DO HEREBY CERTIFY as follows:
1. We are the qualified and acting Chairman, Board of County Commissioners and
Clerk of the Issuer.
2. All of the members of the Governing Body have duly filed their oaths of office and
such of them as are required by law to file bonds or undertakings have duly fried such bonds or
undertakings in the amount and manner required by law.
3. The Clmirman, Board of County Commissioners has signed the above-referenced
Note (the "Note") and the Loan Agreement, dated June 9, 1999 (the "Agreement") between the
Issuer and NationsBank, N.A. by his manual signature, and the manual signature appearing on the
Note and the Agreement and the manual signature at the end of this certificate are each the true
and lawful signature of the Chairman, Board of County Commissioners.
4. The seal of the Issuer was impressed upon the Note and the Agreement, and attested
by the manual or facsimile signature of the Clerk. Such seal and signature appearing on the Note
and the Agreement and the manual signature of the Clerk and the impression of the seal of the
Issuer at the end of this certificate constitute the tree and lawful seal of the Issuer and the signature
of the Clerk, respectively.
5. Resolution No. 99-z$~the "Authorizing Legislation") as certified by the Clerk as
of the date hereof has not been modified, amended, altered or repealed in any way after its date
of adoption, and is now in full force and effect.
6. The Note and the Agreement, as executed and delivered, are in substantially the
forms approved by the Governing Body in the Authorizing Legislation.
7. The Issuer has authorized by all necessary action the adoption and due performance
of the Authorizing Legislation and the execution, delivery and due performance of the Note and
the Agreement and, to the best of our knowledge, any and all such other agreements and
documents as may be required to be executed, delivered and received by the Issuer to carry out,
give effect to and consummate the transactions contemplated by the Authorizing Legislation.
8. No litigation is pending or, to our knowledge, threatened, in or before any agency,
court or tribunal, state or federal (i) to restrain or enjoin the issuance, delivery or validity of the
Note or the Agreement or (ii) in any way contesting or affecting the validity of the Note or the
Agreement or the Authorizing Legislation or the application of the proceeds of the Note, or the
levy or collection or distribution of the amounts pledged to repayment of the Note, or the pledge
thereof as security for the Note, or (iii) contesting the power of the Issuer or its authority for the
issuance of the Note or the adoption of the Authorizing Legislation or (iv) contesting the
tax-exempt status of interest on the Note.
9. No litigation is pending or, to our knowledge, threatened, (i) against the Issuer or
involving any of the property, assets or operations under the control of the Issuer which involves
the possibility that a judgment or liability, not fully covered by insurance or adequate established
reserves, may be entered or imposed against the Issuer or which may result in any material
adverse change in the business, properties, assets or in the condition, financial or otherwise, of
the Issuer, and (ii) which would reasonably be anticipated to have a material and adverse effect
upon the security provided for the Note pursuant to the Authorizing Legislation and the
Agreement.
10. No litigation is pending or, to our knowledge, threatened to contest the creation,
organization, existence or corporate powers of the Issuer, or of the Governing Body, or the title
to office of its present members, or the members at any time material to the issuance of the Note
or the Agreement, or of any other officer of the Issuer.
11. The execution, delivery, receipt and due performance of the Note and the
Agreement under the circumstances contemplated thereby and the Issuer's compliance with the
provisions thereof (i) to the best of our knowledge will not conflict with or constitute on the
Issuer's part a material breach of or a default under any existing State of Florida constitutional
provision, law, court or administrative regulation, decree or order or (ii) will not conflict with or
constitute on the Issuer's part a material breach of or a default under any agreement, indenture,
bond, note, lease or other instrument to which the Issuer is subject or by which the Issuer is or
may be bound, and to the best of our knowledge no event has occurred and is continuing which
with the passage of time or the giving of notice, or both, would constitute a default or event of
default under any such instrument, nor will such execution, delivery, adoption, or compliance
result in the creation or imposition of any lien, charge or other security interest or encumbrance
of any nature whatsoever upon any of the property or assets of the Issuer except as provided by
the Note, the Agreement and the Authorizing Legislation.
12. Attached hereto as Exhibit A is a specimen of the Note, in registered form, which
specimen is identical in all respects to the Note this date delivered to the Original Purchaser (as
defined in the Authorizing Legislation).
13. The undersigned Chairman, Board of County Commissioners has not, and to the
best knowledge of the undersigned no members of the Governing Body have, while meeting
together with any other member or members of the Governing Body other than at public meetings
2
JIJ - 8 1§9
of the Governing Body, reached any conclusion as to the actions taken by the Governing Body
with respect to the Note or the Agreement, the security therefor, or the application of the proceeds
therefrom, or any other material matters with respect to the Note or the Agreement.
14. The undersigned do not, and to the best of their knowledge and belief no member
of the Governing Body does, have or hold any employment or contractual relationship with any
business entity which is purchasing the Note from the Issuer except as fully and fairly disclosed
in compliance with the provisions of Section 112.3143, Florida Statutes.
15. The Issuer hereby certifies that the interest rate borne by the Note does not exceed
the limitations set forth in Section 215.84, Florida Statutes.
Clerk
IN WITNESS WHEREOF, we have hereunto set our hands and~h~ official seal of the
Issuer, and have indicated our respective official titles, all as of the/gttt day of June, 1999.
Chairman n ' '~iba~ers
i~II~HT E. BR,.~,g,,~LCLEI~
(Official Seal)
3
JUN - 8 1999
June 9, 1999
$4,275,000
COLLIER COUNTY, FLORIDA
PROMISSORY NOTE
(North Naples Community Park Project - 1999)
KNOW ALL MEN BY THESE PRESENTS that Collier County, Florida (the "Issuer"), a
. political subdivision of the State of Florida created and existing pursuant to the Constitution and the
laws of the State of Florida, for value received, promises to pay from the sources hereinafter
provided, to the order of NationsBank, N.A. or registered assigns (hereinafter, the "Owner"), the
principal sum of $4,275,000 together with interest on the principal balance outstanding at the rate per
annum of 5.80% (subject to adjustment as hereinafter provided) based upon a year of 360 days for
the actual number of days elapsed.
Principal of and interest on this Note are payable in lawful money of the United States of
America at such place as the Owner may designate to the Issuer.
Installments of principal and interest on this Note shall be payable in ten equal installments
of $499,730.13 each, due on each June 9 and December 9, commencing December 9, 1999, to and
including June 9, 2004 (the "Maturity Date"). The entire unpaid principal balance, together with all
accrued and unpaid interest hereon, shall be due and payable in full on the Maturity Date. All
payments by the Issuer pursuant to this Note shall apply first to accrued interest, then to other charges
due the Owner, and the balance thereof shall apply to the principal sum due.
As used in this Note,
(1) "Code" means the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations, whether temporary, proposed or final, promulgated thereunder or applicable
thereto;
(2) "Determination of Taxability" shall mean interest on this Note is determined or
declared to be includable in the gross income of the Owner for federal income tax purposes
under the Code by reason of legislation, judgment of a court of competent jurisdiction or a
final ruling or regulation of the Internal Revenue Service.
Upon the occurrence of a Determination of Taxability, the interest rate on this Note shall be
adjusted to a rate equal to 154% of the interest rate otherwise borne hereby (the "Adjusted Interest
Rate") calculated on the basis of a 360-day year for the actual number of days elapsed, as of and from
the date such determination would be applicable with respect to this Note (the "Accrual Date"); and
(i) the Issuer shall on the next interest payment date hereon pay to the Owner, or any former Owner,
as may be appropriately allocated, an amount equal to the sum of (1) the difference between (A) the
total interest that would have accrued on this Note at the Adjusted Interest Rate from the Accrual
Date to the date of the Determination of Taxability, and (B) the actual interest paid by the Issuer on
this Note from the Accrual Date to the date of Determination of Taxability, and (2) any interest and
penalties required to be paid as a result of any additional State of Florida and federal income taxes
JUN - 8 1999
imposed upon such Owner and/or former Owner arising as a result of such Determination of
Taxability; and (ii) from and after the Determination of Taxability, this Note shall continue to bear
interest at the Adjusted Interest Rate for the period such determination continues to be applicable with
respect to this Note. This adjustment shall survive payment of this Note until such time as the federal
statute of limitations under which the interest on this Note could be declared taxable under the Code
shall have expired.
The principal of and interest on this Note may be prepaid at the option of the Issuer in whole
or in part at any time. There shall be no prepayment premium or penalty. Prepayments of principal
shall be applied to the scheduled installments of principal hereon in inverse order of maturity.
Upon the occurrence of an Event of Default (as defined in the Loan Agreement) (as def'med in
the Resolution) then the Owner may declare the entire debt then remaining unpaid hereunder
immediately due and payable; and in any such default and acceleration, the Issuer shall also be
obligated to pay (but only from the Pledged Revenues) as part of the indebtedness evidenced by this
Note, all costs of collection and enforcement hereof, including such fees as may be incurred on appeal
or incurred in any proceeding under bankruptcy laws as they now or hereafter exist, including
specifically but without limitation, claims, disputes and proceedings seeking adequate protection or
relief from the automatic stay.
Interest at the lesser of 12% per annum or .the maximum lawful rate per annum shall be payable
on the entire principal balance owing hereunder from and after the occurrence of and during the
continuation of a default described in the preceding paragraph, irrespective of a declaration of
maturity.
The Issuer to the extent permitted by law hereby waives presentment, demand, protest and
notice of dishonor.
THIS NOTE AND THE INTEREST HEREON DOES NOT AND SHALL NOT CONSTITUTE A
GENERAL INDEBTEDNESS OF THE ISSUER WITHIN THE MEANING OF ANY
CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION BUT SHALL BE PAYABLE
SOLELY FROM THE MONEYS AND SOURCES PLEDGED THEREFOR. NEITHER THE
FAITH AND CREDIT NOR ANY AD VALOREM TAXING POWER OF THE ISSUER, THE
STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE OR OTHER COSTS
INCIDENTAL HERETO.
This Note is issued pursuant to a Resolution duly adopted by the Issuer on June 8, 1999, as
from time to time amended and supplemented (herein referred to as the "Resolution"), and is subject
to all the terms and conditions of the Resolution. All terms, conditions and provisions of the
Resolution are by this reference thereto incorporated herein as a part of this Note. Terms used herein
in capitalized form and not otherwise defined herein shall have the meanings ascribed thereto in the
Resolution.
This Note is payable solely from and is secured by a lien upon and pledge of the "Pledged
2
JUN - 8 1999
Revenues" as described in the Resolution. Notwithstanding any other provision of this Note, the
Issuer. is not and shall not be liable for the payment of the principal of and interest on this Note or
otherwise monetarily liable in connection herewith from any property other than the Pledged
Revenues.
This Note may be exchanged or transferred 'by the Owner hereof but only upon the
registration books maintained by the Issuer and in the manner provided in the Resolution.
It is hereby certified, recited and declared that all acts, conditions and prerequisites required
to exist, happen and be performed precedent to and in the execution, delivery and the issuance of this
Note do exist, have happened and have been performed in due time, form and manner as required
by law, and that the issuance of this Note is in full compliance with and does not exceed or violate
any constitutional or statutory limitation.
IN WITNESS WHEREOF, Collier County, Florida has caused this Note to be executed in
its name by the manual signature of its Chairman and attested by the manual signature of its Clerk,
and its seal to be impressed hereon, all this 9th day of June, 1999.
[SEALI
Attest:
Collier County, Florida
By:
Chairman
Clerk
JUN - 8 1999
(Porto for Tramfer)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
(Tax Identification or Social Security No.~ ) the within Note and all rights
thereunder, and hereby irrevocably constitutes and appoints attorney to
transfer the within Note on the books for registration thereof, with full power of substitution in the
premises.
Dated
NOTICE: The signature to this assignment must
correspond with the name as it appears upon the
face of the within Note in every particular,
without alteration of enlargement or any change
whatever.
In the presence of:
4
MOYLE, FLANIGAN, KATZ, KOLINS, RAYMOND & SHEEHAN, P.AJ.UN - 8 i999
ATrORNEYS AT LAW
625 North Flagler Drive - 9m Floor
West Palm Beach, Florida 33401-4025
P.O. Box 3888
West Palm Beach, Florida 33402-3888
MARK E. RAYMOND
Direct Line: (561) 822-0380
E-mail: mraymond~noylelaw.com
Telephone: (561) 659-7500
Facsimile: (561) 659-1789
Other Offices:
Tallahassee, FL
(850) 681-3828
Palm Beach Gardens, FL
(561) 625-6480
June 10, 1999
Division of Bond Finance
State Board of Administration
P.O. Drawer 13300
Tallahassee, Florida 32317-3300
CERTIFIED MAIl.
RETURN RECEIPT REQUESTED
Collier County, Florida,
$4,275,000 Promissory Note
(North Naples Community Park Project - 1999)
Ladies and Gentlemen:
Enclosed herewith please fred Form BF-2003/2004-B for the above-referenced financing.
No disclosure document was used for this financing. If you would like any further information
in regard to this matter, please do not hesitate to call.
Very truly yours,
Mark E. Raymond
MER/wp
DIVISION OF BOND FINANCE
LOCAL BOND MONITORING SECTION
This form represents an update and comp~lation of the
BF2003, BF2004-A and BF2004-B forms.
Bond Information forms (BF2003) are required to be completed by local
governments pursuant to Chapter 19A-1.003, Florida Administrative Code
(F.A.C.) .
Bond Disclosure forms BF2004-A (Competitive Sale) or BF2004-B (Negotiated
Sale) as required to be filed with the Division within 120 days. of the
delivery of the issue pursuant to Sections 218.38(1)(b)1 and
218.35(1) (c)l, Florida Statutes (F.S.), respectively.
Final Official Statements, if prepared, are required to be submitted
pursuant to Section 218.38(1), F.S.
Please complete all ~tems applicable to the issuer as provided by the
Florida Statutes.
PURSUANT TO SECTION 218.369, F.S., ISSUERS OF BOND ANTICIPATION NOTES ARE
EXEMPT FROM THESE FILING REQUIREMENTS.
BF2003
BOND INFORMATION FORM
PART I. ISSUER INFORMATION
1. NAME OF GOVERNMENTAL UNIT: Collier County~ Florida
2. MAILING ADDRESS OF GOVERNMENTAL UNIT OR ITS MANAGER: ~01 East Tamlaml Trail,
~Iaple~: Florida 34112
3. COUNTY(IES) IN WHICH GOVERNMENTAL UNIT HAS JURISDICTION: Collier
4 o
TYPE OF ISSUER: X COUNTY
INDEPENDENT SPECIAL DISTRICT
__ SPECIFY OTHER
__ CITY AUTHORITY
__ DEPENDENT SPECIAL DISTRICT
PART II. BOND ISSUE iNFORMATION
1. NAME OF BOND ISSUE: Promissory Note (North Naple~ Community Park Project -
2. AMOUNT ISSUED: $ 4:275:000 3. AMOUNT AUTHORIZED:$~
4. DATED DATE: 6/9/99 5. SALE DATE: 6/9/99 6. DELIVERY DATE: 6/9/99
7. LEGAL AUTHORITY FOR ISSUANCE: FLORIDA STATUTES Ch. 125
SPECIAL ACTS
OTHER
8. TYPE OF ISSUE:__~ENERALOBLIGATION.__SPECIAL ASSESSMENT
OBLIGATION
X REVENUE COP(CERTIFICATE OF PARTICIPATION)
BANK LOAN/LINE OF CREDIT
10.
SPECIAL
LEASE - PURCHASE
A. IS THIS A PRIVATE ACTIVITY BOND (PAB)? YES X NO
B. 1. IF YES, DID THIS ISSUE RECEIVE A PAB ALLOCATION?
2. IF YES, AMOUNT OF ALLOCATION: $
SPECIFIC REVENUE (S) PLEDGED:
(1) PRIMARY Rar]~_Impact FeeB
(2) SECONDARY Non-Ad Valorem Revenues
(3) OTHER(S)
__ YES
NO
11. A.
JUN - 8 f99 i
PURPOSE (S) OF THE ISSUE:
(1) PRIMJkRY Acquisition and improvement of a Park
(2) SECONDARY
(3) OTHER(S)
B. IF PURPOSE IS REFUNDING, COMPLETE THE FOLLOWING:
(1) FOR EACH ISSUE REFUNDED LIST: NAME OF ISSUE, DATED DATE, ORIGINAL PAR VALUE
(PRINCIPAL AMOUNT) OF ISSUE, AND AMOUNT OF PAR VALUE (PRINCIPAL AMOUNT
REFUNDED.)
(2) REFUNDED DEBT HAS BEEN: __.RETIRED OR __DEFEASED
(3) A. DID THE REFUNDING ISSUE CONTAIN NEW MONEY? __YES __NO
B. IF YES, APPROXIMATELY WHAT PERCENT OF PROCEEDS IS NEW MONEY?
.%
12. TYPE OF SALE:
PLACEMENT
COMPETITIVE BID
NEGOTIATED X NEGOTIATED PRIVATE
13. BASIS OF INTEREST RATE CALCULATION, I.E., INTEREST EATE USED TO STRUCTURE THE
BOND ISSUE:
NET INTEREST COST RATE (NIC) _ % TRUE INTEREST COST RATE (TIC)__%
CANADIAN INTEREST COST RATE (CIC) % ARBITRAGE YIELD (ARBI) 5.88% %
SPECIFY OTHER:
14. INSURANCE/ENHANCEMENTS: AGIC ___AMBAC CGIC CLIC FGIC FSA
HUD MBIA NGM LOC(LETTER OF CREDIT) SPECIFY OTHER
X NOT INSURED
15. RATING(S): MOODY'S S&P FITCH
X NOT RATED
__.DUFF&PHELPS SPECIFY OTHER
16. DEBT SERVICE SCHEDULE:
ATTACH COMPLETE COPY OF SCHEDULE PROVIDING THE
FOLLOWING INFORMATION:
MATURITY DATES (MO/DAY/YR)
COUPON/INTEREST RATES
ANNUAL INTEREST PAYMENTS
PRINCIPAL (PAR VALUE) PAYMENTS
MANDATORY TERM AMORTIZATION
17. LIST OR ATTACH OPTIONAL REDEMPTION PROVISIONS: May be prepaid at any t%m~
in whole or in part
18. PROVIDE THE NAME AND ADDRESS OF THE SENIOR MANAGING UNDERWRITER OR SOLE
PURCHASER.
NationsBank~ N.A.
4501 North Tamiaml Trail~ Suite 400
Nal01es~ FL 34013
2
JUN - 8 199 1
19.
PROVIDE THE NAME (S) AND ADDRESS (ES) OF ANY ATTORNEY OR FINANCIAL
CONSULTANT WHO ADVISED THE UNIT OF LOCAL GOVERNMENT WITH RESPECT TO THE
BOND ISSUE.
_X_ NO BOND COUNSEL __ NO FINANCIAL ADVISOR X NO OTHER PROFESSIONALS
BOND COUNSEL (S):
FINANCIAL ADVISOR(S)/CONSULTANT(S):
William R. Nough & Co.
500 Fifth Avenu~ South~ Suite 50]
Naples: FL 34102
OTNER PROFESSIONALS:
20. PAYING AGENT X NO PAYING AGENT
21. REGISTRAR X NO REGISTP~a-R
22. COMMENTS: None
PART iii. RESPONDENT INFORMATION
FOR ADDITIONAL INFORMATION, THE DIVISION SHOULD CONTACT:
Name and Title Mark E. Ra.vmond~ Bank Counsel Phone - -
Company Moyle~ Flanigan~ Katz~ Kollns~ Raymond & Sheehan: P.A.
INFORMATION RELATING TO PARTY COMPLETING THIS FORM (If different from above):
Name and Title Phone
Company
Date Report Submitted
6/10/99
BF2004-A and BF2004-B
Note~ TNE FOLLOWING ITEMS ARE REQUIRED TO BE COMPLETED IN FULL FOR ALL BOND
ISSUES EXCEPT THOSE SOLD PURSUANT TO SECTION 154 PART III; SECTIONS 159
PARTS II, III OR V; OR SECTION 243 PART II, FLORIDA STATUTES.
23.
AN~f FEE, BONUS, OR GRATUITY PAID BY ANYUNDERWRITER OR FINANCIAL CONSULTANT,
IN CONNECTION WITH THE BOND ISSUE, TO ANY PERSON NOT REGUI~%RLY EMPLOY_ED_OR
~ SUCH UNDERWRITER OR CONSULTANT:
X NO FEE, BONUS OR GRATUITY PAID BY UNDERWRITER OR FINANCIAL CONSULTANT
( 1 ) COMPANY NAME
FEE PAID: $
SERVICE PROVIDED or FUNCTION SERVED:
(2) COMPANY NAME
FEE PAID: $
SERVICE PROVIDED or FUNCTION SERVED:
1999
(3) COMPANY NAME
FEE PAID: $
SERVICE PROVIDED or FUNCTION SERVED:
(4) COMPANY NAME
FEE PAID: $
SERVICE PROVIDED or FUNCTION SERVED:
24.
ANY OTHER FEES PAID BY THE UNIT OF LOCAL ~OVERNM~NT WITH RESPECT TO THE BOND
· ISSUE, INCLUDING ANY FEE PAID TO ATTORNEYS OR FINANCIAL CONSULTANTS:
__ NO FEES PAID BY ISSUER
(1) COMPANY NAME Moyler Flanigan: Katz~ Kolins~ Raymond & Sheehan~ P.A.
FEE PAID: $~ SERVICE PROVIDED or FUNCTION SERVED: ~
(2) COMPANY NAME William R. ~ough & Co
FEE PAID:$~ SERVICE PROVIDED or FUNCTION SERVED: Financla] Advisor
(3) COMPANY NAME
FEE PAID:
(4) COMPANY NAME
S~RVICE PROVIDED or FUNCTION SERVED:
FEE PAID: $,
SERVICE PROVIDED or FUNCTION SERVED:
GOVERNI. BODY OF THE UNIT OF LOCAL OFFICER
BF2004-B
ITEMS 25 AND 26 M~ST BE COMPLETED FOR ALL BONDS SOLD BY NEGOTIATED SALE
25. MANAGEMENT FEE CHARGED BY UNDERWRITER: $
OR
PRIVATE PLACEMENT FEE: $
_X_ NO~6~tNA~EMENT FEE OR PRIVATE PLACEMENT FEE
26. UNDERWRITER'S EXPECTED GROSS SPREAD: $__
_X_ NO GROSS SPREAD
PER THOUSAND PAR VALUE.
PER THOUSAND PAR VALUE.
PART IV. RETURN THIS FOEMAND THE FINAL OFFICIAL STATEMENT, IF ONE WAS PREPARED
Courier Deliveries:
Division of Bond Finance
State Board of Administration
1801 Hermitage Blvd., Suite 200
Tal[ahassee, FL 32308
Phone: 904/488-4782
FAX~ 904/413-1315
. .., - . -~.. ~.,~ .'
, ~ ' % ',.'., .. ~ .~,
Mailing Address:
Division of Bond Finance
State Board of Administration
P.O. Drawer 13300
Tallahassee, FL 32317-3300
REVISED Feb. 1996/bf0304/
JUN - 8 1999
[~003
COLLIER COUNTY~ FLO~DA LINE OF CREDIT
I ~99 AZTVANCE I
DEBT SERVICE SCHEDULE
Date P'ttr. cil~l Coulxnt Interest Total P+I FISCAL TOTAL
6109/1999
12/09/1999
6/09/2000
12/09/2000
6/0912001
1210912001
6/09/2002
12/09/2002
610912003
12/0912003
6/09/2004
373,688.88 5.600= 126,041.~
384,706.48 5.800~ 1~5.023.66
396,048.9! 5.800~ 103,681.23
408,228.50 5.800~ 91,501.63
419,761.69 5.800S 79,968.45
432,507.02 5.800S 67.223.12
444,869.41 5.800~ 54,640.73
458.234.23 5.800~ 41.495.90
471,516.50 5.800~ 28,21.3.63
485,416.38 5.800S 14.311.76
499,730.13
499,730.14
499730.14
499 730.13
499 730.14
499730.14
499 730.14
499 730.13
499 730.13
499 730.~
999,460.27
999,460.27
999.460.~8
999,460.27
999,460.26
Totltl 4~75,000.00 "/22,301.35 4,997~01.$5
YIELD STATISTICS
A,~-rage Life ......................................................................................................................................
Net lmcrgst Cost {NIC) ...............................................................................................................................
True lntem~t Cost (TIC} ..........................................................................................................................
Bond Yield for Ar~tt-~ PUtlX:~e~ .........................................................................................................
AH Inclusive C~st (AIC) ......................................................................................................................
IRS FORM 8038
Net Interest Cost .......................................................................................................................................
Weighted Average lv~turity ...............................................................................................................
S12,267.97
2.870 Ycars
5.8876994%
5.8876994%
5.8880734%
5.8880734%
6.117933~%
5.8876994%
2.870 Yen. rs
,Rdd/c ,qna~c= - c, bn
t7,1¢~ = ~Zb'cr..tt'.992~JVlOVOTF,- $/~VG[.E
June 8, 1999
Item #16C5
STAFF TO NEGOTIATE AN AGREEMENT BETWEEN COLLIER COUNTY, NAPLES
COMMUNITY HOSPITAL AND THE CLEVELAND CLINIC TO FUND PRENATAL, OB/GYN
CLINIC SERVICES FROM JULY i THROUGH DECEMBER 31, 1999
Item #16D1 - Moved to Item #8D1
Item #16D2
BUDGET AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE INSURANCE - IN THE
AMOUNT OF $1,100,000
Item #16D3
AMENDMENT NO. i OF RFP #98-2867 FOR ARCHITECTURAL SERVICES FOR THE
DESIGN OF THE SHERIFF'S ADMINISTRATION FACILITY - TO THE V GROUP OF
FLORIDA, INC.
Page 71
SHERIFF'S ADMINISTRATION FACILITY
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
The Amendment # 1 to the Agreement dated January 12, 1999 (hereinafter "Agreement") is made
and entered into this ~ day of ~ ,1999, by and between the Board of
County Commissioners for Collier County, Florida a political subdivision of the State of Florida
(hereinafter referred to as the "Owner" and the V Group of Florida, Inc. a Florida corporation
authorized to do business in the State of Florida, whose business address is 5150 Tamiami Trail
North, Suite 600, Naples, Florida 34103 (hereinafter referred to as the ("CONSULTANT").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional services
agreement for the provision of professional services for PHASE ONE, CONSTRUCTION OF
THE FOURTH FLOOR OF THE COUNTY COURTHOUSE (hereinafter referred to as
"PROJECT") said services more fully described in said AGREEMENT, and
WHEREAS, OWNER and CONSULTANT agree to proceed with PHASE THREE,
CONSTRUCTION OF THE SHERIFF'S ADMINISTRATION FACILITY.
WHEREAS, CONSULTANT represents that he has the expertise and the type of
professional services that will be required for PHASE THREE of the project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein parties agree as follows:
ARTICLE ONE
1.1
1.2
CONSULTANT shall provide to OWNER professional architectural and engineering
services in all phases of the project to which this amendment applies.
CONSULTANT shall provide professional services in addition to those outlined in said
AGREEMENT as noted in Schedule A of this Amendment as attached hereto.
ARTICLE TWO
2.1
OWNER agrees to compensate CONSULTANT for services rendered hereunder as
Prescribed in Schedule B, entitled "Schedule of Fees for Basic Services and Consultant's
Estimate of Additional Services", which are attached hereto and made a part hereof.
ARTICLE THREE
3.1 The schedule for the Project shall be shown in schedule C as attached hereto.
4.1 The AGREEMENT, as amended shall remain in full force and effect.
J U N U B 199
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Professional Services for the DESIGN OF THE FOURTH FLOOR OF THE
COUNTY COURTHOUSE to include DESIGN OF THE SHERIFF'S
ADMINISTRATION FACILITY the day and year first written above.
~- ATTEST: :{A?~.~hairwoman)
~,':~; .D'~ht, E~::: Brock, ~lerk
Attest ms to Chatrm~'~
Legal Sufficiency
Assist~t Co~ty Attom~ ~
Wimess:
Printe ame . t
$~nature
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER CO~T-¥7~C-ORS'D~ A
POLITICAI.~IBDIVISION OF THE STATE
OF FLORID ~' . .,~
Pamela-tglac'Kie, C.~om%/~?
The V Group of Florida, Inc.
5150 Tamiami Trail North Suite 600
Naples, Florida 34103
Thomas E. Com'ecode, P.E.
Executive Vice President
Date:
(CORPORATE SEAL)
Printed Name
ttll 0 $199
SCHEDULE A
SCOPE OF SERVICES
1. Description of Project:
1.1
2.1
2.2
2.3
This Project consists of the construction of the roughly 34,000 square foot
building addition to Building J and related campus improvements, located at
3301 East Tamiami Trail, Naples, Florida. This construction shall consist of a
two story addition to the west side of the existing J Building with integration of
building and campus systems.
2. Predesign and Programming Phase:
The Design Professional shall review the program developed in conjunction with
the County's Master Plan, furnished by the Owner to ascertain the requirements
of the Project and shall confirm in writing with the Owner its understanding of
those requirements.
The Design Professional shall prepare and submit for the Owner's evaluation a
report on the program, written program based on furnished Master Plan, and also
address:
2.2.1 Security
2.2.2 Deleted
2.2.3 Evaluation of spatial needs (square footages) of each area
2.2.4 Work Flow
2.2.5 Adjacencies
2.2.6 Circulation, access, egress, servicing
2.2.7 Ancillary facilities (toilets, shower and locker rooms, storage, etc.)
2.2.8 Deleted
2.2.9 Facilities/equipment/personnel
2.2.10 Deleted
The Design Professional shall prepare and present to the Owner a minimum of
three (3) alternative evaluations based upon the program. The Design
-1-
2.4
Professional shall rank these alternatives in order of preference and will
coordinate pricing with the Construction Manager.
The Design Professional shall evaluate the Master Plan Program provided by
Owner and make specific recommendations in order to improve the efficiency of
the Project. The Design Professional shall develop and prepare a final report
recommending a detailed Scope of Work. The Scope of Work shall clearly define
and include:
2.4.1 Deleted
2.4.2 Deleted
2.4.3 Design emphasis and standards
2.4.4 Materials and methods of construction.
2.4.5 Deleted
2.4.6 Complete description of all required systems (structural, plumbing,
HVAC, electrical).
2.4.7 Access for the handicapped.
2.4.8 Energy conservation.
2.4.9 Site/landscape work.
2.4.10 Deleted
3. Schematic Design Phase:
3.1
3.2
Based upon the program, as finally approved by Owner and Design Professional,
and after taking into consideration the comments and recommendations from the
Construction Manager, the Design Professional shall prepare, for approval by the
Owner, Schematic Design documents consisting of two (2) sets of drawings and
other documents iljustrating the scale and relationship of the Project components.
The Owner's acceptance of the Schematic Design documents in no way relieves
the Design Professional of its obligation to deliver complete and accurate
documents necessary for successful construction of this Project.
The Design Professional's final Schematic Design submittal and presentation
shall include, but not be limited to the following:
-2-
3.3
3.4
3.2.1
3.2.2
3.2.3
3.2.4
3.2.5
3.2.6
3.2.7
3.2.8
3.2.9
3.2.10
Deleted
Project location map
Site plan indicating staging area
Floor plan(s)
Elevations
Building sections
Typical wall sections ~
Gross space tabulations
Specification outline
General discussion, recommendations, and schematic plans for all major
systems including security, communications, structural, mechanical,
plumbing and electrical with consideration of alternate systems.
3.2.11 Comments concerning Construction Manager' s construction cost
estimates.
3.2.12 Vertical and horizontal circulation plans.
3.2.13 Deleted.
3.2.14 Comments concerning Construction Manager's overall Project Schedule.
3.2.15 Demolition plans for Building "A"
The Design Professional shall make separate formal presentations during this
phase to the Director of Facilities or designate, and the Collier County Board of
Commissioners, if required. The Design Professional shall conduct at least one
formal presentation at completion of this phase to demonstrate how the Owner's
previously submitted comments were incorporated into the Design Documents.
The Design Professional shall submit the Schematic Design documents to the
Owner for Owner's review. The Design Professional shall revise the Schematic
Design documents as required by the Owner in order to obtain the Owner's
written authorization to proceed to the Design Development phase.
-3-
4. Design Development Phase:
4.1
4.2
After Owner's review of the Schematic Design documents and issuance of the
Owner's written authorization to proceed, the Design Professional shall
commence the Design Development Phase services.
During the Design Development Phase, Design Professional shall provide the
following services:
4.2.1
Develop Design Documents to a level of definitiveness and detail to fix
and describe the size and character of the Project which will permit
determination of whether the facility can be satisfactorily constructed in
all task areas by all disciplines.
4.2.2
Continue developing the architectural, structural, mechanical, electrical,
security, and other discipline's responsibilities to establish the final scope
and details for that discipline's work.
4.2.3 Perform materials research and prepare specifications specific to Project
requirements in draft form.
4.2.4
Consult with Construction Manager with respect to (i) the Construction
Manger's development of Project construction cost estimates, (ii) the
Construction Manager's development of an overall Project schedule and
(iii) the Construction Manager's comments and recommendations
concerning the Project design.
4.2.5 Make a final submittal and presentation to Owner, which shall include, but
not be limited to, the following:
4.2.5.1 Landscape architectural design.
4.2.5.2 Site plan indicating the following:
4.2.5.2.1 Finish floor elevations
4.2.5.2.2 Existing elevations with benchmark and survey data
4.2.5.2.3 Construction staging area/parkinodaccess
4.2.5.2.4 Existing and new utilities and utility relocations
4.2.5.2.5 New and existing structures
4.2.5.2.6 Existing and new roads and accesses including
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4.2.5.3
4.2.5.4
4.2.5.5
4.2.5.6
temporary access roads during construction.
4.2.5.2.7 Parking areas with spaces.
4.2.5.2.8 Grading and drainage features.
4.2.5.2.9 Security, including phase security for construction
Building plans in all disciplines for new buildings and
remodeling of existing buildings.
Exterior building elevations.
Appropriate sections in all disciplines.
Space tabulations, including a space-by-comparison of the
project program.
4.2.5.7 Structural design.
4.2.5.8 Heating, ventilating and air conditioning systems design,
including fixtures and equipment schedule.
4.2.5.9 Electrical system design, including fixture and equipment
schedules.
4.2.5.10 Security and communication systems design, including fixture
and equipment schedules
4.2.5.11 Energy analysis report.
4.2.5.12 Vertical and horizontal circulation plans.
4.2.5.13 Interior finishes:
4.2.5.13.1 Design and present to the Owner at least two (2)
color and finish scheme boards, no greater than 4' x
4' nor smaller than 2' x 3', including interior
colored elevations of the prototypicai generic
spaces;
4.2.5.13.2 Select floor finishes, wall finishes, and ceiling
finishes for approval by the Owner;
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4.2.6
4.2.7
4.2.5.13.3
From the selected finishes noted above, produce and
provide the necessary specifications for inclusion in
the Contract Documents.
4.2.5.14 Exterior finishes.
4.2.5.14.1
Design and present to the owner at least two (2)
Color and finish scheme boards, no greater than
4'x 4' nor smaller than 2'x 3', including exterior
colored elevations of the prototypical exterior area.
4.2.5.14.2 Select wall finishes for approval by the Owner.
4.2.5.14.3
From the selected finishes noted above, produce and
Provide the necessary specifications for inclusion in
Contract Documents.
4.2.5.15 Graphic design plans for space identification.
4.2.5.16 Furnishing layouts for prototypical generic spaces.
The Design Professional shall make formal presentations during this phase
to the Director of Facilities, or designate, and the Collier County Board of
Commissioners, if required. The Design Professional shall conduct at
least one formal presentation at completion of this phase to demonstrate
how the Owner's previously submitted comments were incorporated into
the Design Documents.
The Design Professional shall submit the Design Development documents
to the Owner for Owner's review. The Design Professional shall revise
the Design Development documents as required by the Owner in order to
obtain the Owner's written authorization to proceed to the Construction
Documents Phase.
5. Construction Documents Phase:
5.1
5.2
After Owner's review of the Design Development documents and issuance of
Owner's written authorization to proceed, the Design Professional shall
commence the Construction Documents Phase services.
During the Construction Documents Phase, Design Professional shall provide the
following services:
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5.2.1
5.2.2
5.2.3
5.2.4
5.2.5
Prepare final calculations, Construction Documents and specifications
setting forth in detail each discipline's requirements into a cohesive whole
based upon the approved Design Development documents and
consultations with the Construction Manager.
Complete the Project manual including conditions of the contract, bidding
documents, specifications (including Division 1, General Requirements)
and all other Contract documents for each subcontract trade to be bid by
the Construction Manager.
Consult with and assist the Construction Manager, with respect to the
Construction Manger's development of a final Project schedule and
Guaranteed Maximum Price for the Project construction costs.
Assist the Construction Manager in preparing and filing all applications,
data and documents required to obtain the approval of all authorities
having jurisdiction over the Project. This shall be accomplished at the
appropriate time, but not later than the ninety percent (90%) completion
point of this phase. To insure the timely approval of all permits necessary
for the construction of the Project, including all environmental permits, the
Design Professionals shall assist the Construction Manager in scheduling
the necessary contracts and liaison with all authorities having permit
jurisdiction over the Project, and shall furnish, on a timely basis, such
plans, data and information as may be necessary to secure approval of the
required permits. The Design Professional shall, at no additional cost to
Owner, make all reasonable and necessary construction plan revisions
required to obtain the necessary permit approvals for construction of the
Project.
The Design Professional shall submit the Construction Documents to the
Owner for Owner's review. The Design Professional shall revise the
Construction Documents as required by the Owner in order to obtain the
Owner's written authorization to proceed to the Bidding Phase.
6. Bidding Phase
6.1
6.2
After Owner's review of the Construction Documents, Design Professional's
acceptance of and agreement with the Construction Manager' s Guaranteed
Maximum Price, and upon issuance by Owner of a written authorization to
proceed, the Design Professional shall commence the Bidding Phase Services.
During the Bidding Phase, Design Professional shall provide the following
services:
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6.2.1
Assist the Construction Manager with respect to the preparation of the
necessary bidding information, bidding forms and other bidding
documents to be utilized in the bidding of the various trade subcontracts
by the Construction Manager.5
6.2.2
Provide the Construction Manager with four (4) complete sets of the
Contract Documents and all other bidding documents prepared by the
Design Professional and one (1) complete set of mylar sepias. In addition,
the Design Professional shall provide the Owner with two (2) complete
sets of the Contract Documents and other bidding documents. With
respect to the various sets of documents to be provided by the Design
Professional hereunder, four (4) sets shall be signed, sealed, and dated.
Additionally, any required addenda shall be signed, sealed and dated.
6.2.3
Assist the Owner and Construction Manager in evaluating bids for each
subcontract trade package, and in preparing and awarding subcontracts for
each bid package. The Design Professional shall assist the Construction
Manager in conducting pre-bid conferences and shall be responsible for
developing and distributing any addenda to the Contract Documents that
result from those conferences.
6.2.4
If the advertisement for the bids has not commenced ("Advertisement
Date") within sixty (60) days after the Owner and Design Professional
mutually agree with the Construction Manager's Guaranteed Maximum
Price ("Cost Date"), those estimates shall be adjusted to reflect any change
in the general level of prices which may have occurred from the Cost Date
to the Advertisement Date; provided, however, that adjustment to the cost
estimates will be made for the sole and exclusive purpose of determining
the Design Professional's responsibilities under Paragraph 1.10 hereof
with respect to revising and modifying Construction Documents and
assisting in the rebidding of any portion of the work in the event all
responsive and responsible bids exceed the estimates of construction costs.
6.2.5
The Design Professional shall prepare any required addenda to the
Construction Documents. The Design Professional also shall provide any
addenda during the Construction Phase in sufficient quantity to distribute
to all necessary parties as determined by the Owner and Construction
Manager. The Design Professional shall respond only to questions or
requests for clarifications concerning the Construction Documents
submitted by the Owner or Construction Manager. Any such questions or
requests for clarification from bidders or subcontractors who have been
awarded a bid package must be submitted through the Construction
Manager.
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7.1
7.2
7. Construction Phase
Upon the Owner's written authorization to proceed, the Design Professional shall
commence the Construction Phase.
During the Construction Phase, Design Professional shall provide the following
services:
7.2.1
Processing, review, approval and distribution of shop drawings, product
data, samples, substitutions and other submittals required by the
Construction Documents, but only for the purpose of checking for
conformance with information given and the design concept expressed in
the Contract Documents. Review of the Construction Manager's
submittals is not conducted for the purpose of determining the accuracy
and completeness of other details, such as dimensions and quantities, or
for substantiating instructions for installation or performance of equipment
of systems, all of which remain the responsibility of the Construction
Manager as required by the Contract Documents. The Design
Professional's review shall not constitute approval of safety precautions
or, unless otherwise specifically stated by the Design Professional, of any
construction means, methods, techniques, sequences or procedures. The
Design Professional's approval of a specific item shall not indicate
approval of an assembly of which the item is a component.
7.2.2 Maintenance of a master file of all submittals made to Design
Professional, with duplicates for Owner.
7.2.3
Construction Field Observation Services consisting of visits to the Project
site as frequently as necessary, but not less than twice every week, to
become familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accordance with the
Construction Documents. When the Design Professional discovers
portions of the Work which do not conform to the Construction
Documents, the Design Professional, with written authorization of the
Owner, shall have the authority and duty to reject such Work. Provide a
written report of each visit. This field observation requirement shall apply
to any subconsultant or subcontractors of Design Professional at
appropriate construction points.
7.2.4
The Design Professional, as representative of the Owner during
construction, shall advise and consult with the Owner. Through its on-site
observations of the Work in progress and field checks of materials and
equipment, the Design Professional shall endeavor to provide protection
for the Owner against defects and deficiencies in the Work of the
Construction Manager and the various trade subcontractors of the
Construction Manager.
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7.2.5
Based on such observations at the site and on the Applications for
Payment submitted by the Construction Manager, the Design Professional
shall determine the amount owing to the Construction Manager and shall
prepare Certificate of Payment for such amounts. The issuance of
Certificate of Payment shall constitute a representation by the Design
Professional to the Owner that: (I) the Work has progressed to the point
indicated; (ii) that to the best of the Design Professional's knowledge,
information and belief, the quality of the Work is in accordance with the
Construction Documents subject to minor deviations from the
Construction Documents correctable prior to completion, and to any
specific qualifications stated in the Certificate of Payment; and (iii) the
Construction Manager is entitled to payment in the amount certified. The
Design Professional shall submit the Certificate of Payment to Owner
within ten (10) calendar days after receipt of the Application for Payment
from the Construction Manager.
7.2.6
The Design Professional shall review claims for extra compensation, or
extensions of time from the Construction Manager, make
recommendations to the Owner concerning validity, and prepare responses
for the Owner.
7.2.7
The Design Professional shall be, in the first instance, the Interpreter of
the requirements of the Construction Documents. The Design
Professional shall render opinions on all claims of the Construction
Manager relating to the execution and progress of the Work and on all
other matters or questions related thereto. The Design Professional's
decisions in matters relating to artistic effect shall be final if consistent
with the intent of the Construction Documents, subject to Owner's
approval. The Design Professional shall review for comment or approval
any and all proposal requests, supplemental drawings and information,
substitutions and change orders. The Design Professional shall be
compensated as an Additional Service for evaluation of alternatives
subsequent to bid award.
7.2.8
Prepare, reproduce and distribute supplemental drawings, specifications
and interpretations in response to requests for clarification by the
Construction Manger or the Owner as required by construction exigencies.
The Design Professional shall endeavor to respond to any such request
must be received by the Owner and the Construction Manager within
twenty-four (24) hours of the request, or the next available wor 'king day
when the request is made prior to a weekend or holiday. Design
Professional will review and respond to all submittals from the
Construction Manager, including but not limited to shop drawings, within
a reasonable period of time so as not to delay the progress of the Work,
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7.2.9
7.2.10
7.2.11
7.2.12
7.2.13
7.2.14
7.2.15
7.2.16
7.2.17
7.2.18
but in no event, more than ten (10) business days, unless Owner expressly
agrees otherwise in writing.
Subject to Owner's prior written approval, the Design Processional shall
have authority to reject Work which does not conform to the Construction
Documents. Whenever, in its reasonable opinion, Design Professional
considers it necessary or advisable to insure the proper implementation or
the intent of the Construction Documents, subject to Owner's prior written
approval, Design Professional will have authority to require special
inspection or testing of any work in accordance with the provisions of the
Construction Documents whether or not such Work be then fabricated,
installed or completed.
The Design Professional shall review, comment upon and approve or
disapprove all Change Orders, as well as any cost estimate associated with
a Change Order request, prepared by the Construction Manager. All
Change Orders must be submitted to the Owner for review and approval
before any work covered by such Change Order can begin.
The Design Professional shall review the Project schedule updates, trade
subcontractor construction schedules(s), schedule(s) of shop drawing
submittals and schedule(s) of values prepared by the Construction
Manager and consult with the Owner concerning their acceptability.
The Design Professional shall attend meetings with the Construction
Manager, such as preconstruction conferences, progress meetings, job
conferences and other Project-related meetings, and prepare and circulate
copies of minutes thereof.
Receive notice from the Construction Manager if other work related to the
Project by Owners own forces, by utility owners, or by other direct
contracts will involve additional expense to Construction Manager or
require additional time and advise Owner.
Deleted.
Deleted.
Deleted.
Receive notice from Construction manager after the occurrence of an
emergency and determine whether a change in the Contract Documents in
the form of a Change Order is required because of the action taken in
response to the emergency.
Review and approve Construction Manager's quality control program.
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7.2.19 Deleted.
7.2.20
Upon notice from the Construction Manager, and with the assistance of
the Owner, conduct the substantial completion inspections. Review and
comment upon, and supplement as appropriate, the punch lists to be
prepared by the Construction Manager. Notify Construction Manager in
writing of work not complete. Issue Certificate of Substantial Completion
when appropriate.
7.2.21 Upon notice from the Construction Manager, conduct final inspections and
assist Owner in final acceptance of Project.
7.2.22 Evaluate all testing results and make recommendations to the Owner.
7.2.23
Assist Construction Manager in the establishment by the Owner of
programs of operation and maintenance of the physical plant and
equipment.
7.2.24
Assist Construction Manager in arranging for and coordinating
instructions on operations and maintenance of equipment in conjunction
with manufacturer's representatives.
7.2.25 Assist Construction Manager in preparing an operation and maintenance
manual for the Owner's use.
7.2.26
Visit the facility at initial occupancy and at three (3) month, six (6) month
and one (1) year after issuance of the Certificate of Substantial
Completion. During each facility visit the Design Professional shall
observe, troubleshoot and assist in the operation of building systems. This
shall not relieve the Design Professional of its obligation to make other
visits to the facility based on need should specific issues arise.
7.2.27
Assist the Owner and Construction Manger in the training of the facility
operation and maintenance personnel in proper operations, schedules,
procedures and maintenance inventory schedule.
7.2.28
The Design Professional will provide the Construction Manager and
Owner each with one (1) electronic copy of the Construction Documents,
based upon an Auto CADD File version which is compatible with
Owner's system, so as to permit the Construction Manager to make the
necessary changes to those documents to reflect the as-built situation.
Throughout the Construction Phase, the Design Professional is to review
the Construction Manger's marked up drawings on a regular basis, at least
monthly.
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7.2.29
Transmit drawings and general data, appropriately identified, to the Owner
and others as directed.
7.2.30
Consult with and recommend solutions to, the Owner during the duration
of warranties in connection with inadequate performance of equipment,
materials or systems under warranty.
7.2.31
Submit a facility and equipment review schedule to the Owner at the time
of Substantial Completion. Perform reviews of facilities and equipment
prior to expiration of warranty period(s) to ascertain adequacy of
performance, materials, systems and equipment. Submit a written report
to the Owner.
7.2.32 Document noted defects or deficiencies and assist the Owner in preparing
instructions to the Construction Manager for correction of noted defects.
7.3
All contacts and/or communications between the Design Professional and the
Construction Manager shall be coordinated with the knowledge of the Owner. All
contacts and/or communications between the Design Professional and the various
trade subcontractors shall be routed through the Construction Manager.
8. Services Relating to All Phases:
8.1
The Design Professional shall investigate and confirm in writing to the Owner, to
the best of the Design Professional's knowledge, conformance of the plans and
specifications with all applicable local public and utility regulations.
8.2
The Design Professional shall furnish check prints for every Project phase
including five (5) sets at Project phase completion. The Design Professional shall
furnish to Owner one (1) set of mylar sepias at the completion of each phase. The
set of mylar sepias to be provided to the Owner at 100% Construction Documents
shall be fully conformed to incorporate all addenda issued prior to bidding.
8.3
At all phases of design, the Design Professional's design documents must be
consistent with Owner's program unless expressly authorized otherwise in writing
by Owner.
8.4
The Design Professional shall submit to the Owner design notes and computations
to document the design conclusions reached during the development of the
Construction Documents.
8.4.1
Five (5) copies of the design notes and computations shall be submitted to
the Owner with the Design Development documents. When the plans are
submitted for final review, the design notes and computations corrected
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8.5
8.6
for any Owner comments shall be resubmitted. At the Project completion,
a final set of the design notes and computations, properly certified by the
Design Professional, shall be submitted with the record set of plans and
tracings.
8.4.2 The design notes and calculations shall include, but not be limited to, the
following data:
8.4.2.1 Design criteria used for the Project;
8.4.2.2 Lighting calculations;
8.4.2.3 Structural calculations;
8.4.2.4 Drainage calculations;
8.4.2.5 Deleted;
8.4.2.6 HVAC calculations;
8.4.2.7 Security and communications calculations;
8.4.2.8
Calculations as required by provisions of the Florida Energy
Conservation Manual (Department of General Services), latest
revision;
8.4.2.9
Calculations showing probable cost comparisons of various
alternatives considered.
8.4.2.10 Documentation of decisions reached resulting from meetings,
telephone conversations or site visits; and
8.4.2.11 Other Project related correspondence as appropriate.
All drawing documents for the Project shall be accurate, legible, complete in
design, suitable for bidding purposes and drawn to scales acceptable to the
Owner. The completed drawing documents shall be furnished on reproducible
material and in a format which is acceptable to the Owner.
During the various design phases, the Construction Manager will be developing
various schedules and other documents. The Design Professional will participate
in this process as follows:
8.6.1
Receive for review the Construction Manager's Master Project Schedule,
and after consultation with Owner, provide the Construction Manager a
written list of corrections needed for schedule approval.
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8.7
8.8
8.9
8.10
8.11
8.6.2 Jointly develop with Construction Manager and Owner the Occupancy
Schedule.
8.6.3 Coordinate Construction Manager's development of the Policy and
Procedure Manual.
8.6.4 Consult with Construction Manager concerning long lead procurement
items.
At the time this Agreement is executed, the Design Professional has reviewed the
form of contract to be entered into between Owner and Construction Manager. In
addition to all other Basic Services to be provided by Design Professional
hereunder, Design Professional agrees that any other services noted within the
contract between the Owner and Construction Manager to be provided by Design
Professional are hereby incorporated by reference into the Basic Services to be
provided by Design Professional hereunder. Any changes to the form of contract
between Owner and Construction Manager from that reviewed by the Design
Professional, which would increase the scope of Basic Services otherwise
required of the Design Professional, must be approved by the Design Professional
before such additional services will be included within the Basic Services of this
Agreement.
The Owner in no way obligates itself to check the Design Professional's work and
further is not responsible for maintaining the Design Schedule.
Owner's approval or acceptance of any service in any phase does not relieve the
Design Professional of any of its duties, obligations or responsibilities under this
Agreement.
Design Professional's attendance at any partnering sessions with the Construction
Manager is mandatory and included within Basic Services.
Deleted.
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SCHEDULE B
BASIS OF COMPENSATION
1. Progress Reports:
1.1
1.2
1.3
2.I.A
Subsequent to receipt of the "NOTICE TO PROCEED", and prior to submittal of
the first invoice of fees earned, the Design Professional shall submit for the
Owner's approval a detailed schedule, showing the various work items
comprising the total work effort estimated to be required for the completion of the
BASIC SERVICES provided for in this Agreement, including permitting, the
weight of each work item to be in proportion to the total work effort, and the
portion of the total BASIC FEE assigned to each work item.
The Design Professional shall submit to the Owner, not later than the tenth (10th)
day of each month, a progress report reflecting the PROJECT design status, in
terms of the total work effort estimated to be required for the completion of the
BASIC SERVICES, as of the last day of the preceding month. The report shall
show all work items, the percentage complete of each item, the percentage of total
work effort represented by each item, and the percentage of total work effort
completed.
All progress reports and invoices shall be mailed to the attention of the Owner's
Project Coordinator.
(Address)
2. Compensation to the Design Professional:
Building J New Addition Basic Fee
2.1.A.I
A Lump Sum Fee of: (see Additional Basic Services)
For the Project Programming
2.1.A.2 A Lump Sum Fee of: 55.500
For the Schematic Design Phase
of the Project
2.1.A.3 A Lump Sum Fee of: 74.000
For the Design Development Phase
of the Project
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2.1.B.
2.1.A.4
A Lump Sum Fee of:
166,500
For the Construction Documents Phase
of the Project
2.1.A.5
A Lump Sum Fee of: 18,500
For the Bidding Phase of the Project
2.1.A.6
A Lump Sum Fee of:
55,500
For the Construction Phase services of the
Project. This amount does not include fees
for the 3-month, 6-month and 1-year
wan'anty inspections. A lump sum fee of
$1,200 shall be due for the 3-month
warranty inspection, $1,200 for the 6-month
inspection and $1,200 for the 1-year
warranty inspection.
2.1.A.7
The fees noted in paragraph 2.1.A.2 through 2.1.A.6 shall
constitute the total not to exceed amount of $370,000 to be paid to
the Design Professional for the performance of the Basic Services.
Additional Basic Services
2.1.B.1
A Lump Sum Fee of: 48,000
For the Project Programming
2.1.B.2
A Lump Sum Fee of:
11,000
For the Land & Underground Surveying
of the Project
2.1.B.3
A Lump Sum Fee of:
7,000
For the Geotechnical Engineering
for the Project.
2.1.B.4
A Lump Sum Fee of:
5,500
For Landscape Architectural Design
Within the project limits.
2.1.B.5
The fees noted in paragraph 2.1.B. 1 through 2.1.B.4 shall
constitute the total not to exceed amount of $71,500 to be paid to
the Design Professional for the performance of the Additional
Basic Services for the Project.
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2.1.C Campus Improvements Basic Fee
2.1.C.1
A Lump Sum Fee of: 17,823
For the Chiller Plant Evaluation
2.1.C.2
A Lump Sum Fee of: 18,903
For the "A" Demolition Services
2.1.C.3
A Lump Sum Fee of:
16.274
For the Site Improvements including
walks, paving, DRI and
water management coordination
2.1.C.4
The fees noted in paragraph 2.1.C. 1 through 2.1.C.3 shall
constitute the total not to exceed amount of $53,000.
2.2
For the Contingency Services provided for under Section 2.1 of the Agreement,
the Owner agrees to pay the Design Professional, a negotiated fee based on the
work to be performed, up to a maximum not to exceed amount of $ TBD.
2.3
For the Additional Services provided for under Section 2.2 of the Agreement, the
Owner agrees to pay the Design Professional a negotiated total fee based on the
services to be provided. The negotiated fee shall be calculated using the rates
specified in Schedule "G". The Overhead Multiplier shall not exceed 1.0.
2.4
The compensation provided for under Sections 2.1 through 2.3 of this Schedule B,
shall be the total and complete amount payable to the Design Professional for the
services to be performed under the provisions of this Agreement, and shall
include the cost of all materials, equipment, supplies and out-of-pocket expenses
incurred in the performance of all services.
3. Schedule of Payments:
3.1
The Owner shall make monthly progress payments as required in Schedule B.O to
the Design Professional in accordance with the following terms:
3.1.1
The Design Professional shall submit, with each of the monthly progress
repons provided for Under Section 1 above, an invoice for fees earned in
the performance of Basic Services, contingency Services and Additional
Services during the period covered by the progress report. The invoiced
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fee earned, expressed as a percentage of total fee, shall correspond to the
percentage of the total work effort completed as reflected by the progress
report.
3.1.2
Should an invoice amount for fees earned in the performance of services,
expressed as a percentage of the total fee, appear to exceed the percentage
of total services believed to be completed, the Owner may, prior to
processing of the invoice for payment, require the Design Professional to
submit satisfactory evidence to support the invoice.
3.1.3
Invoices not properly prepared (mathematical errors, billing not reflecting
actual work done, no signature, etc.) shall be returned to the Design
Professional for correction.
SCHEDULE C
DESIGN SCHEDULE
o
Predesign and programming submittals shall be submitted to the Owner within 30
calendar days of the date Owner authorized Design Professional to commence
work.
The Schematic Design Phase submittals shall be submitted to the Owher within
21 calendar days of the date Owner authorizes Design Professional to commence
the Schematic Design Phase services.
The Design Development Phase submittals shall be submitted to the Owner
within 42 calendar days from the date Owner authorizes Design Professional to
commence the Design Development Phase services.
The Construction Documents Phase submittals shall be submitted to the Owner
within 42 calendar days from the date Owner authorizes Design Professional to
commence the Construction Document phase services.
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June 8, 1999
Item #16D4
LEASE FOR CABLE TV DARK-FIBER OPTIC CABLE FROM MEDIA ONE - AT A COST
OF $2,400.00 ANNUALLY
Page 72
DARK-FIBER LEASE AGREEMENT BETWEEN
MEDIAONE AND COLLIER COUNTY
This Agreement is entered into this ~ day o 99 by and between MediaOne
Enterprises, Inc., a Rhode Island corporation ("MediaOne"), and Collier County, a political
subdivision of the State of Florida.
1. Pursuant to Section 13.1 of the Franchise Agreement dated July 29, 1997,
between MediaOne and Collier County, Collier County has requested a proposal from MediaOne
for lease of 2 single-mode fibers (the "Fiber") for the inter-connection of the Collier County
Government Building (3301 East Tamiami Trail, Building F, Naples, Florida) and the Collier
County Development Services (2800 North Horseshoe Drive, Naples, Florida) (collectively
referred to as the "Buildings"). Under the terms of the lease, MediaOne shall be responsible only
for termination of the Fibers to each Building~ and maintenance of the Fibers throughout the term
of the lease contract. Collier County shall be responsible for the placement of other facilities and
electronics for the activation of the Fiber.
2. Dark Fiber Lease- Usage. Collier County shall have the right to use the Fiber for
the internal, non-commercial transmission and receipt of data communication signals and voice
signals only. Under no circumstances may Collier County use the Fiber for any purposes other
than those specifically set forth herein and shall not, directly or indirectly, engage in, permit, or
allow such channels to be used (by way of iljustration only, and not limitation) for any
commercial purposes whatsoever. Collier County shall not lease, sublease, permit, or allow the
Fiber to be used by any third persons or entities without first seeking and obtaining the prior
written consent of MediaOne.
3. Term of Lease.
A. Initial Term of Lease. The initial term of this lease shall be for a period of
ten (10) years, beginning on the date upon which documentation is presented to Collier County
and signed by a representative to activate this agreement.
B. Option for Additional Lease Terms. Provided Collier County is not in
default of any obligations hereunder or under the terms of the Franchise Agreement, and
MediaOne does not provide written notice of termination as hereinafter provided, Collier County
is granted conditional option(s) to extend the lease for additional terms of one (1) year each (i.e.,
12 consecutive month periods) beginning immediately upon the expiration of the initial term of
this lease. Subject further to MediaOne's having lawful rights and authority to continue operating
the dark fiber connection after the expiration of the initial term, the option for the additional lease
terms may be exercised by Collier County by providing written notice to MediaOne of its intent
to exercise the option at any time during the last ninety (90) days of the initial lease term, and
during the last ninety (90) days of each additional term thereafter, for so long as MediaOne
operates as a franchisee with the fight to operate or otherwise lawfully provide services in and/or
for Collier County.
4. Base Lease Charges. Collier County shall pay to MediaOne monthly lease
charges as specified herein, in advance, on the first day of each calendar month during and
throughout the term(s) of this lease. First payment is due on the first day of the month after
signature from both parties. During the initial term of this lease, the base lease charge will be the
2
sum of Two-Hundred Dollars ($200.00) per month. The parties will re-negotiate the rent for any
additional terms at the time the option to extend is exercised.
5. Ownership of Equipment - Maintenance Obligations - No Alterations or
Attachments - Replacement of Equipment. Collier County has determined its own equipment
needs without advice or consent fi.om MediaOne and shall be solely responsible for the activation
of the Fiber.
6. Representations and Warranties.
A. Mutual Representations. Each of the parties, MediaOne and Collier
County, hereby represents and wan'ants to the other that each has the fight to enter into this Lease
Agreement and that each has obtained, and/or will obtain, all necessary authorizations, licenses,
and/or other applicable and/or appropriate clearances necessary for the lawful performance of
and by each party under this Agreement. Performance by each party under the terms of this
Agreement shall not violate or infringe upon known fights or interests of any type, kind and/or
nature whatsoever, of any person, finn, corporation and/or other entity.
B. By Collier County. All data communication signals transmitted over the
Fiber leased hereunder and any related activities will be under the strict control of Collier County
and shall be used solely for the purposes hereinbefore specified. Collier County shall comply
with all applicable present and future federal, state and local laws, rules and regulations,
including decisions and orders of the Federal Communications Commission.
C. By MediaOne. All Fiber provided by MediaOne will meet current
standards for such cabling requirements. MediaOne's repairs and maintenance
industry
responsibility are limited to fiber performance up to fiber termination points.
7. Restoration: Collier County recognizes that this is a dark-fiber lease and, as such,
MediaOne will have no control of or awareness of the status of any transmission by Collier
County over the leased facilities. MediaOne will respond within 12 hours from notification by
Collier County that the leased facilities have failed. Collier County will notify MediaOne at the
following phone number: (941) 793-9642.
8. Fiber Location: The attached diagram is a general representation of the routing.
MediaOne at its sole discretion will determine the actual physical routing of the Fiber to connect
the Buildings.
9. Private Easements: Collier County grants MediaOne all rights relative to the
property necessary to install the Fiber. Collier County agrees to execute such documents,
instruments and/or writings as are reasonably necessary to lawfully vest, memorialize and
provide notice as to the grant of rights to MediaOne. Collier County shall provide MediaOne,
without charge, necessary access, space and power to enable MediaOne to install the Fiber.
Collier County will provide personnel to MediaOne to facilitate necessary access to any property.
10. Rights on Termination: Upon termination of this agreement for any reason,
MediaOne shall have the fight to remove all or any part of the Fiber which MediaOne determines
to remove. MediaOne shall provide three (3) days notice prior to removal of the Fiber and
Collier County agrees to grant MediaOne reasonable access to all property when requested and
shall otherwise assist MediaOne in facilitating the removal of said Fiber.
11. Warranty disclaimer by MediaOne. Except as expressly provided in subsection
6.C. above, no representations or warranties of any kind, express or implied, are made by
MediaOne with respect to the data transmissions, the quality of the data transmitted over the
4
Fiber, the interface technology, interface capability and/or lack thereof, the transmission signals
over the Fiber.
12. Limitation of Liability: In the event that the Fiber fails solely as a result of the
negligence of MediaOne, and MediaOne fails to repair or restore the leased fiber in accordance
with Section 7 of this agreement, MediaOne shall be limited to repayment of an allocated portion
of the monthly lease charge imposed under section 4 on a pro-rate basis for that portion of the
Fiber which was rendered unusable.
Except as expressly provided in this section, MediaOne shall not be liable for any claim,
loss, expense or damage of any kind or nature, nor shall there be any claim made or judgment
sought or entered against MediaOne for any monetary damages or financial losses based upon
any theory, nor any consequential, incidental, special, financial, economic, monetary direct or
indirect losses or damages, including loss of use and loss of profit.
13. Indemnification.
A. MediaOne shall at all times fully indemnify, protect, save, defend, and
hold harmless Collier County from and against any and all claims, demands, damages, liabilities,
actions, suits, proceedings, costs, fines, penalties, sanctions and expenses, including reasonable
attorneys fees arising out of and/or otherwise relating to a breach by MediaOne of its warranties
or agreements made herein.
14. Default - Remedies. In the event (a) Collier County defaults in the payment of
any monies due to MediaOne hereunder, and/or (b) Collier County breaches any term, provision
and/or condition of this agreement and/or fails to perform any obligations hereunder, then, in any
such event, MediaOne shall have the right to immediately terminate this agreement, and to
5
collect any and all monies due and owing by Collier County through the date of termination,
together with an amount of money sufficient to reimburse and/or pay for all MediaOne's costs,
expenses, and reasonable attorneys fees relative to the breach by Collier County, including, but
not limited to, the collection of outstanding revenues from Collier County. Upon a termination
of this agreement, MediaOne shall have the immediate right to discontinue availability of the
Fiber, to disconnect any or all of the equipment from the Fiber whether installed by Collier
County or a Third Party, without liability to Collier County.
15. Governing Law, Jurisdiction and Venue. This Agreement shall be governed,
construed and interpreted in accordance with the laws of the State of Florida.
16. Assignment: Collier County shall not sublease, assign or transfer its obligations
under this Agreement to any third party without the express written consent of MediaOne.
MediaOne may assign this Agreement to a parent, subsidiary, or affilated entity upon notice to
the County.
17. Waivers. One or more waivers by a party of a breach of any term, provision
and/or condition of this Agreement by the other, shall neither constitute, nor be construed as a
waiver by such party as to any subsequent or continuing breach of such term, condition and/or
provision of this Agreement. The consent or approval of a party to and /or of any act of the
other party requiring such consent and/or approval shall not be deemed a waiver, or render
unnecessary consent to and/or approval of any subsequent and/or similar act or omission.
18. Entire Agreement. This agreement, together with any and all attachments, exhibits
and/or schedules, constitutes the complete and entire agreement of the parties, superseding all
previous and contemporaneous communications and negotiations, written or oral. This agreement
6
shall prevail over any additional, different, and/or conflicting terms of any other documents,
submitted by Collier County to MediaOne. Except as specifically provided herein, no
modifications shall be binding on a party unless set forth in writing executed by the party against
which enforcement is sought.
19. General: The parties shall be excused for any delays in performance required due
to the occurrence or existence of a "Force Majeure." This Agreement may be modified and/or
amended only pursuant to a writing executed by both parties. Notices required or permitted
under the terms of this agreement shall be in writing and sent by United States first class mail,
certified or registered mail, return receipt requested, to the following addresses:
For MediaOne:
Attn: VP/General Manager
301 Tower Road
Naples, Florida 34113
For Collier County:
Attn: Information Technology Department
Administration Building, 5~ Floor
3301 Tamiami Trail East
Naples, Florida 34112.
ATTEST:
DWIGHT E. BROCK, Clerk
DepUty Clerk3i~;
Attest ms t C" ,
APproved ~ ~orrn and
Legal sufficiency:
BOARD OF COUNTY COMMISISONERS
OF COLL~ORIDA
By:
AsSistant County Attorney
7
MEDIAONE ENTERPRISES, INC. a Rhode Island corporation
James ~ Campbell
Assistant Secretary
Dated: May 19, 1999
8
June 8, 1999
Item #16D5
TERMINATION OF CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONRES AND SKY ASSET MANAGEMENT (RFP #96-2493 - COLLECTION
AGENCY SERVICES)
Item #16E1
BUDGET AMENDMENTS 99-242 AND 99-285
Item #16F1
PROCLAMATION COMMENDING EUGENE L. MOORE FOR HIS SERVICE AS COMMANDER
OF THE DEPARTMENT OF FLORIDA JEWISH WAR VETERANS OF THE UNITED STATES
OF AMERICA; AND PROCLAMATION COMMENDING SYLVIA MEYERS, FOR HER SERVICE
AS COMMANDER OF THE DEPARTMENT OF FLORIDA JEWISH WAR VETERANS OF THE
UNITED STATES OF AMERICA
Page 73
PROCLAA~A TION
1999
14/H~REA$,
14~I4EREA$,
WHEREAS,
H/HEREA$,
WHEREAS,
NOW
Commander Eugene L. Moore is to be commended for his service as
Commander of the Department of F/or/da uTew/sh ~Var Veterans of
the United States of America for the past year; and,
Commander Moore has faithfully served the O'ewish War Veteron~
their efforts toward combating anti-Semitism in ali its forms,
upholding America's democratic traditions and fighting bigotry,
prejudice, inJustice and d/scrim/nat/on of ail kinds; and,
Commander Moore 'has upheM the pride, trod/t/on and honor of the
uTew/sh War Veterans of the Un/ted States of America for their
service to this country from Co/on/a/times to the present; and,
Commander Moore has carried on the tradition of the ~Tewish War
Veterans of the Un/ted $tates of America through their hospital,
rehabilitation and veterans' serv/ce programs, and by, maintaining
Veterans' Service Offices in major c/t/es throughout the country.
The ~Tewish
the
_Tsrae/
;ps for
for
numb¢m.
· :::~:.~ i' .v' ..
supports and raises funds for
in Beersheba,
provides
provides
and
and,
Moore
for the
for the past
veterans'
of
and
uTewish War
DONE AND ORDERED
A TTE$ T:
BOARD OF COUNTY COMM£SS£ONEI~5
COL L_TEI~ COUNTY, FL O I~_~D A
PAM~W~OMAN
P~OCLA~AA 1'ION
WHEREAS,
WHEREAS,
NOW
Auxiliary Pres/dent Sylvia A~eyers is to be commended for her
service as Commander of the Department of F/or/da u~ewish War
Veterans of the Un/ted States of America for the past year: and,
Auxiliary Pres/dent A~eyers has faithfully served the O'ewish ~Var'
Veterans in their efforts toward combating anti-Semitism in ail/ts
forms, upholding America's democratic traditions and ~'gh t/ng
bigotry, prejudice,/njusHce and discrimination of ail kinds; and,
Auxiliary Pres/dent A~eyers has upheM the pr/de, trad/Hon and honor
of the Zew/sh ~Var Veterans of the Un/ted States of America for
their service to this country from Co/on/a/times to the present: and,
Auxiliary President h~eyers has carried on the tradition of the
Zew/sh ~Var Veterans of the Un/ted States of America through
their hospital, rehabilitation and veterans' service programs, and by
maintaining Veterans' Service Offices in major c/t/es throughout the
country. The ~'ew/sh a/so proudly supports and raises
funds for /Home in
Scout organization,
and,
'ts and
of the
for the past
:t/ye veterans'
of
to and
for a.]~b:i,:::W~'//do'ne by Auxiliary
for War Veterans
DONG AND
A 7-rEs ~.
D W_rGH~E. BROCK, CLERK
OF COUN 7'Y CO&flAI55£ONEI~$
COLL£EI~ COUN 7'Y, FL OI~_~D A
PA~W~OMAN
Item #16G1
Item #16G2
Deleted
June 8, 1999
INTERLOCAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE NORTH NAPLES FIRE
DISTRICT, BIG CORKSCREW ISLAND FIRE DISTRICT, CITY OF NAPLES POLICE &
EMERGENCY SERVICES DEPARTMENT AND CITY OF MARCO ISLAND FIRE DEPARTMENT
FOR BASIC MEDICAL TRAINING FOR FIREFIGHTERS
Page 74
INTERLOCAL AGREEMENT
JUN - 8 1999
THIS INTERLOCAL AGREEMENT dated this /~ day of /V'~2Y'~'/"n._~/'-" , by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to
as "County" and the North Naples Fire Control and Rescue District, created by Special Act
of the legislature in the Laws of Florida 65-2032, hereinafter referred to as "Fire District"
WITNESSETH:
WHEREAS, this Agreement is being entered into between the County and the Fire
District for the purpose of establishing dispatch protocols, rules and responsibilities of first
responder personnel in an emergency scene and the documentation required for patient
care rendered pursuant to Section 401.435, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants provided herein
and other valuable consideration, the parties agree as follows:
Sheriff's Office control channel, the parties shall operate
Sheriff's Office. dispatched procedures, also referred to as
Communication Manual.
DISPATCH PROCEDURE: Since the Fire District Operates on Collier County
under existing Collier County
the Collier County Fire Chiefs
B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first
responder, an ir~vidual under the employment of the Fire District must (a) successfully
c~nplete at a minimum a course which meets or exceeds the 1979 U.S. Department of
T ,rr'~.~sportation First Responder training course. (Proof of course completion is required);
and (b) successfully complete an AHA CPR Basic Life Support Course C or
JUN - 8 1999
ARC CPR Basic Life Support for professional rescue. (Proof of course completion is
required).
C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All first responders,
upon arriving at a scene and deeming that the scene is safe, will begin patient care, if
needed, following the guidelines set forth by The Collier County Emergency Medical
Services Department Medical Director (the "Medical Director"). A copy of the guidelines is
attached as Exhibit A.
D. QUALITY ASSURANCE. (NON DISCIPLINARY)
1 A quality assurance program will be conducted by the Collier County Basic Life
Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a
monthly basis using the computer hardware, software and run report. Run Reports and the
appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department
Station, willl be the responsibility of the Fire District.
2 The Basic Life Support Coordinator will conduct a three-part quality assurance review:
a. 100% quality assurance review using specially designed computer software
developed by Se Emergency Medical Services Department.
b. Individual run report review by Basic Life SuppOrt Coordinator or Medical
Director.
C. Field evaluation where the Basic Life Support Coordinator and/or the Medical
Director randomly respond to calls without notice to the Fire District. If the computer
2
- 8 1999
program determines that there is a deviation from the procedures and guidelines attached
in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance
worksheet in the form of Exhibit B.
3. The quality assurance worksheet classifies quality assurance concerns in the
following categories:
Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the
patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder
together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and
the Medical Director in conjunction with the assigned Fire District liaison shall assure that
the individual First Responder receive additional training and education.
Level 2: Co~stitutes a breach of protocol which had minimal or no impact on the patient, but
would be considered poor clinical treatment or decision making. All Level 2 concerns will
be revie~d by the individual First Responder together with the Basic Life Support
Coordina~t, or:. The Basic Life Support Coordinator and the Medical Director in conjunction
with the a.ssiigned Fire District liaison will assure that the individual First Responder receive
additional. ~training and education
Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be
considered minor and shall be handled through confidential interdepartmental mail.
:l.~vel 4 : Provid~es a means fo~ communication between individual first responder and
Basic Life Support Coordinator.
JUN - 8 1999
E. IN-SERVICE PROGRAM. The in-service program provides face to face training
for First Responder. In-services will be mandatory for all personnel whose role and
responsibilities will be or could be that of a first responder. At a minimum twenty one (21)
in-services classes a year will be offered at the Fire Districts Stations, see Exhibit C
attached. Scheduling of in-services will be done in conjunction with the Fire District. The
in-services will follow the DOT/EMT-B first responder curriculum and will contain both
didactic and hands-on skill evaluation. The Medical Director will approve one (1) hour of
Continuing Educational Units (CEU) per hour of in-service topic. The CEU's can be
applied toward the re-certification of an Emergency Medical Technicians (EMT) certificate.
Only three absences per First Responder will be allowed in a two-year period. Failure to
meet this requirement will mean immediate suspension of the individual First Responder's
ability to work under the roles and responsibilities as a first responder. Actions of this type
will involve the Fire District chain of Command. After suspension, an individual First
Responder may regain the status of a first responder only after completing a written exam
and a scenario-based evaluation by the Medical Director. In order to enhance the training
program, the Fire District will identify one person to act as the liaison to the Basic Life
Support Coordinator and the Medical Director.
F. ,Automatic External Defibrillator (AED) TRAINING. AED training will be
completed every six months through the regularly scheduled in-service program. The AED
training will included re-certification of a first responders CPR for Health Care Professional
or also known as a Provider-C card when necessary. All record keeping and quality
assurance will also be handled by the Basic Life Support
Coerdinator.
G . DOCUMENTATION. Upon completion of a medical call, the First Responder
meeting the necessary qualifications will enter the appropriate information into the
computer and properly complete the run report. The County shall assure that the computer
is designed to automatically upload the information via modem into the main data base
located at Collier County Emergency Medical Services at a pre-designed time. The first
responder shall provide the information to the EMS Paramedic team verbally and for'ward a
completed basic life support run report to the office of the Basic Life Support coordinator
within 24 hours from the provision of service rendered. All basic life support run reports are
confidential medical information and shall be handled consistent with federal and state
legislation.
H. EQUIPMENT. All basic life support medical equipment, not on the Standardized
Equipment List shall receive approval prior to purchase by the Medical Director. This will
create a system which provides for the standardization of all basic life support medical
equipment throughout the nine area fire departments.
I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES.
Upon notification, the treatment procedures shall be the responsibility of the Fire District.
J. RE,]NIBURSEMENT: The County shall provide the fire districts the sum to be
paid by the Fire district to the County as a reimbursement towards operational expenses by
July 1 of each year. This amount will be due and payable befo[e October 31 of each year
of the Agreement. tsee exhibit D cost break down)
5
JUN - 8 1999
K. FILING: A copy of this Agreement shall be filed with the Department of Health
and Rehabilitative Services, Bureau of Emergency Medical Services, 1317 Winewood
Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier
County EMS Department License File.
L. AGREEMENT TERM: This interlocal Agreement shall remain in full force and
effective from October 1, 1998 and, thereafter, shall be deemed extended year to year
upon the same terms and conditions contained herein.
M. TERMINATION: The County or Fire District may cancel this Agreement with
or without cause by giving thirty (30) days advance written notice of such termination to the
other party.
N. NOTICE: Notice to the County shall be provided to: The Collier County
Emergency Medical Services Department. Notice to the Fire District shall be provided to:
The North Naples Fire Department.
6
JUN - 8 1999
IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement
to be executed by their appropriate officials as of the date first above written.
DATED:" ~
ATTEST: ~' .
-DWIGHT E. BROCK, Deputy Clerk
'" BY:
.,,... ~Z'O~'/-/~:,~.~ Deputy Clerk
'~',~,ttest as ,to'
signature'
BY'L~/.I .~),,~ .~'z /.~,~
~e I~.~Flagg, Chief
Emergency Services Department
Ed Mag~fire/, ~rman
North Naples-Fire District
BOARD O F C~.LU~T-Y-GQ~M IS S ION E RS
COLLIER ~)UN,,'I'Y, FLORIDA
L ./' %// tJ ' '
Pamela S. Ma~Kie, ~hairwoman
Cgllier County Board of County Commissioner
Rd~r[ B.~T~be r.~A ~¢d ica~{3'~ re cto r
E mergeT~ent
BY: ..~_/'~ ~'// .~'
/~ Tobin, Chi~ Fire Dept.
' Approved as to form and legal sufficiency
R6be'rt Nd'/Z-~chary, Assistant County Attorney
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT dated this ~ day of ~er~m~e~ I~lc~ , by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to
as "County" and the Big Corkscrew Island Fire Control and Rescue District, created by
Special Act of the legislature in the Laws of Florida 77-535, hereinafter referred to as "Fire
District"
WlTNESSETH:
WHEREAS, this Agreement is being entered into between the County and the Fire
District for the purpose of establishing dispatch protocols, rules and responsibilities of first
responder personnel in an emergency scene and the documentation required for patient
care rendered pursuant to Section 401.435, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants provided herein
and other valuable consideration, the parties agree as follows:
A. DISPATCH PROCEDURE: Since the Fire District Operates on Collier County
Sheriff's Office control channel, the parties shall operate under existing Collier County
Sheriff's Office dispatched procedures also referred to as the Collier County Fire Chiefs
Communication Manual.
B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first
responder, an individual under the employment of the Fire District must (a) successfully
complete at a minimum a course which meets or exceeds the 1979 U.S. Department of
Transportation First Responder training course. (Proof of course completion is required);
and (b) successfully complete an AHA CPR Basic Life Support Course C or
ARC CPR Basic Life Support for professional rescue. (Proof of course completion is
required).
C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All first responders,
upon arriving at a scene and deeming that the scene is safe, will begin patient care, if
needed, following the guidelines set forth by the Collier County Emergency Medical
Services Department Medical Director (the "Medical Director"). A copy of the guidelines is
attached as Exhibit A.
D. QUALITY ASSURANCE. (NON DISCIPLINARY)
1 A quality assurance program will be conducted by the Collier County Basic Life
Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a
monthly basis using the computer hardware, software and run report. Run Reports and the
appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department
Station, will be the responsibility of the Fire District.
2 The Basic Life Support Coordinator will conduct a three-part quality assurance review:
a. 100% quality assurance review using specially designed computer software
developed by the Emergency Medical Services Department and the County's software
company.
b. Individual run report review by Basic Life Support Coordinator or Medical
Director.
c. Field evaluation where the Basic Life Support Coordinator and/or the
Medical Director randomly respond to calls without notice to the Fire District. If the
computer program determines that there is a deviation from the procedures and guidelines
attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality
assurance worksheet in the form of Exhibit B.
3. The quality assurance worksheet classifies quality assurance concerns in the
following categories:
Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the
patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder
together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and
the Medical Director in conjunction with the assigned Fire District liaison shall assure that
the individual First Responder receive additional training and education.
Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but
would be considered poor clinical treatment or decision making. All Level 2 concerns will
be reviewed by the individual First Responder together with the Basic Life Support
Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction
with the assigned Fire District liaison will assure that the individual First Responder receive
additional training and education
Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be
considered minor and shall be handled through confidential interdepartmental mail.
Level 4 : Provides a means for communication between individual first responder and
Basic Life Support Coordinator.
3
E. IN-SERVICE PROGRAM. The in-service program provides face to face training
for First Responder. In-services will be mandatory for all personnel whose role and
responsibilities will be or could be that of a first responder. Six in-services a year will be
offered at the Fire Districts Stations, see Exhibit C attached. Scheduling of inservices will
be done in conjunction with Fire Districts. The in-services will follow the DOTIEMT-B first
responder curriculum and will contain both didactic and hands-on skill evaluation. Only
three absences per First Responder will be allowed in a two-year period. Failure to meet
this requirement will mean immediate suspension of the individual First Responder's ability
to work under the roles and responsibilities of a first responder. Actions of this type will
involve the Fire District chain of Command. After suspension, an individual First
Responder may regain the status of a first responder only after completing a written exam
and a scenario-based evaluation by the Medical Director. In order to enhance the training
program, the Fire District will identify one person to act as the liaison to the Basic Life
Support Coordinator and the Medical Director.
F. Automatic External Defibrillator (AED) TRAINING.
completed every six months through the regularly scheduled in-service program.
keeping and quality assurance will also be handled by the Basic Life Support
Coordinator.
AED training will be
All record
G . DOCUMENTATION. Upon completion of a medical call, the First Responder
meeting the necessary qualifications will enter the appropriate information into the
computer and properly complete the run report. The County shall assure that the computer
is designed to automatically upload the information via modem into the main data base
located at Collier County Emergency Medical Services at a pre-designed time. The first
responder shall provide the information to the EMS Paramedic team verbally and forward a
completed basic life support run report to the office of the Basic Life Support coordinator
within 24 hours from the provision of service rendered. All basic life support run reports are
confidential medical confidential medical information and shall be handled consistent with
federal and state legislation.
H. EQUIPMENT. All basic life support medical equipment, not on the Standardized
Equipment List shall receive approval prior to purchase by the Medical
Director. This will create a system which provides for the standardization of all basic life
support medical equipment throughout the nine area fire departments.
I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES.
Upon notification, the treatment procedures shall be the responsibility of the Fire District.
J. REIMBURSEMENT: The.County shall provide the fire districts the sum to be paid
by the Fire district to the County as a reimbursement towards operational expenses by July
I of each year. This amount will be due and payable before October 31 of each year of the
Agreement. (see exhibit D cost break down)
K. FILING: A copy of this Agreement shall be filed with the Department of Health
and Rehabilitative Services, Bureau of Emergency Medical Services, 12,17 Winewood
Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier
County EMS Department License File.
L. AGREEMENT TERM: This interlocal Agreement shall remain in full force and
effective from October 1, 1998 and, thereafter, shall be deemed extended year to year
upon the same terms and conditions contained herein.
M. TERMINATION: The County or Fire District may cancel this Agreement with
or without cause by giving thirty (30) days advance written notice of such termination to the
other party.
N. NOTICE: Notice to the County shall be provided to: The Collier County
Emergency Medical Services Department. Notice to the Fire District shall be provided to:
The Big Corkscrew Island Fire Department.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement
to be executed by their appropriate officials as of the date first above written.
DWIGHT E. BRO~, Deputy Clerk
¢¢~.Z~"/'/'~/5¢-~1~ Deputy Clerk
~ B~Fl~gg, Ohief
Emergency Servioes Depsr~menJ
~hsirm~n
Big gork Sorew Island ~ire DisJrio~
BOARD O F~,et~q'r~OM M IS S ION E RS
Pamela S. M 'Kie, Chairwoman
Collier County Board of County Commissioner
Robert B. Tober, Medical Director
Emergency Medical Services Department
Approved as to form and legal sufficiency
R~h_/.,/,t. ~
ary, Assistant County Attorney
6
JUN - 8 1999
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT dated this "'~ day of /'~,~'z- , by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to
as "County" and the "City of Naples" a municipal corporation.
WITNESSETH:
WHEREAS, this Agreement is being entered into between the County and the City of
Naples for the purpose of establishing dispatch protocols, rules and responsibilities of First
Responder personnel in an emergency scene and the documentation required for patient
care rendered pursuant to Section 401.435, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants provided herein
and other valuable consideration, the parties agree as follows:
A. DEFINITION:" First Responder" means any employee of the City of Naples
Police and Emergency Services Department, which as part of their normal duties respond
to medical emergencies and meets or exceeds the First Responder Qualifications.
B. DISPATCH PROCEDURE: Since the City of Naples uses its own Dispatch
Center, the parties shall operate under the current dispatch procedures.
C. ~:IRST RESPONDER QUALIFICATION: To be eligible to perform as a First
Responcler an individual under the employment of the City of Naples must (a) successfully
complete at a minimum a course which meets or exceeds the 1979 U.S. Department of
Transportation First Respor~der training course. (Proof of course completion is required);
and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR
Basic Life Suptooct for professional rescue. (Proof of course completion is required).
JUN - 8 1999
C. FIRST RESPONDER ROLES AND RESPONSIBILITIES: All First Responders,
upon arriving at a scene and deeming that the scene is safe, will begin patient care, if
needed, following the guidelines set forth by The Collier County Emergency Medical
Services Department Medical Director (the "Medical Director"). A copy of the guidelines is
attached as Exhibit A.
D. QUALITY ASSURANCE.
1 A quality assurance program will be conducted by the Collier County Basic Life
Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a
monthly basis using the computer hardware, software and run report. Run Reports and the
appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department
Station, witl be the responsibility of the City of Naples.
2. The Basic Life Support Coordinator will conduct a three-part quality assurance
review:
a. 100% quality assurance review using specially designed computer software
develop~ by the Emergency Medical Services Department and the County's software
company,.
b. Individual run report review by Basic Life Support Coordinator or Medical
Director.
c. Field evaluation where the Basic Life Support Coordinator and/or the Medical
Director ~'a,qdomly respond to calls without notice to the City of Naples. If the computer
program determines that there is a deviation from the procedures and guidelines attached
in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance
worksheet in the form of Exhibit B.
3. The quality assurance worksheet classifies quality assurance concerns in the
following categories:
Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the
patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder
together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and
the Medical Director in conjunction with the assigned City of Naples liaison shall assure that
the individual First Responder receive additional training and education.
Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but
would be considered poor clinical treatment or decision making. All Level 2 concerns will
be reviewed by the individual First Responder together with the Basic Life Support
Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction
with the assigned City of Naples liaison will assure that the individual First Responder
receive additional training and education
Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be
considered minor and shall be handled through confidential interdepartmental mail.
Level 4: Provides a means for communication between individual First Responder and
Basic Life Support Coordinator
E. IN-SERVICE PROGRAM. The in-service program provides face to face training
for First Res,~onder. In-services will be mandatory for all personnel whose role and
responsibilities will be or could be that of a first responder. At a minimum Twenty one (21)
JUN - 8 1999
in-services classes a year will be offered at the Naples Police and Emergency Services
Department City Fire Station one (1) and two (2), see Exhibit C attached. Scheduling of the
in-services will be done in conjunction with the City of Naples Fire Department. The in-
services will follow the DOT/EMT-B first responder curriculum and will contain both didactic
and hands-on skill evaluation. Only three absences per First Responder will be allowed in
a two-year period. Failure to meet this requirement will mean immediate suspension of the
individual First Responder's ability to work under the roles and responsibilities of a first
responder. Actions of this type will involve the City of Naples Fire Department Chain of
Command. After suspension, an individual First Responder may regain the status of a first
responder only after completing a written exam and a scenario-based evaluation by the
Medical Director. In order to enhance the training program, the City of Naples will identify
one person to act as the liaison to the Basic Life Support Coordinator and the Medical
Director.
F. Automatic External Defibrillator (AED) TRAINING.
completed every six months through the regularly scheduled in-service program.
keeping and quality assurance will also be handled by the Basic Life Support
Coordinab~r.
AED training will be
All record
G . 1BOCUMENTATION. Upon completion of a medical call, the First Responder
meeting ~be necessary qualifications will enter the appropriate information into the
computer ar'rd properly comptete the run report. The County shall assure that the computer
is designed t~o automatically upload the information via modem into the main database
located at Cottier County Emergency Medical Services at a pre-designed time. The First
Responder shall provide the information to the EMS Paramedic team verbally and forward
a completed basic life support run report to the office of the Basic Life Support coordinator
within 24 hours from the provision of service rendered.
confidential medical information and shall
legislation.
H. EQUIPMENT. All
Standardized Equipment List shall
,JuN - 1999
All basic fife support run reports ar~
be handled consistent with federal and state
basic life support medical equipment, not on the
receive approval prior to purchase by the Medical
Director. This will create a system which provides for the standardization of all basic life
support medical equipment throughout the nine area fire departments.
I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES.
Upon notification, the treatment procedures shall be the responsibility of the City of Naples.
J. REIMBURSEMENT: The County shall provide the City the sum to be paid by the
City to the County as a reimbursement towards operational expenses by July I of each
year. This amount will be due and payable before October 31 of each year of the
Agreement. (see exhibit D cost break down)
K. FILING: A copy will be filed in the official records of Collier County by the
County's C~erk to the Board. A copy of this Agreement will also be filed with the Florida
Departmer~[ ~ Health, Bureau of Emergency Medical Services, 1317 Winewood Boulevard,
Tallahassee, Florida, 32399-0700 where it will be retained as part of the Collier County
EMS Depar~,ment License File.
L. AGREEMENT TERM: This interlocal Agreement shall remain in full force and
effective from October 1, 1998 and, thereafter, shall be deemed extended year to year
upon the same terms and conditions contained herein.
5
M. TERMINATION: The County or City of Naples may cancel this Agreement with dr
without cause by giving thirty (:30) days advance written notice of such termination to the
other party.
N. NOTICE: Notice to the County shall be provided to: The Collier County
Emergency Medical Services Department. Notice to the City shall be provided to: The
Naples Police & Emergency Services Department.
IN WITNESS WHEREOF, the parties hereto have caused this interlocal Agreement
to be execu!ed by their appropriate officials as of the date first above written.
...DATED:~'~':>
_;'ATTEst:
;;DWIGHT E. BROCK, Deputy Clerk
,~/.~lE'" /-~,,~','¢,,~ Deputy Clerk
Attest ts to
BYe/~
~11 B~tt, MaYor
BOAR D OF C~QJCN-T-¥-C-49~M ISSION E RS
COLLIER ~__.~U~TY; FLO.RIDA
Panl~Cf~ S. Mac'14~, Chair'S)man
Collier County Board of County Commissioner
A~ legal form and content
~'~~. ~chary, AsSt. COuntY Att°rney
Dated: ~ %/~?
Tara A. Norm41r,,, City Clerk
Approved as to legal form and content
Kenneth Cuyler, City Att(
6
JUN - 8 t996
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT dated this 17th day of Mav, 1999 , by
and between Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "County" and the City of Marco Island a political subdivision of the State of
Florida, hereinafter referred to as "City
WITNESSETH:
WHEREAS, this Agreement is being entered into between the County and the City
for the purpose of establishing dispatch protocols, roles and responsibilities of first
responder personnel in an emergency scene and the documentation required for patient
care rendered pursuant to Section 401.435, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants provided herein
and other valuable consideration, the parties agree as follows:
A. DISPATCH PROCEDURE: Since the City operates on Collier' County
Sheriff's Office control channel, the parties shall operate under existing Collier County
Sheriff's Office dispatch procedures, also referred to as the Collier County Fire Chiefs
Communication Manual.
B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first
respoeder, an individual under the employment of the City must (a) successfully
complete at a minimum a course which meets or exceeds the 1979 U.S. Department of
Transportation First Responder training course. (Proof of course completion is
required'~; and (b) successfully complete an AHA CPR Basic.Life Support Course C or
ARC CPR Basic Life Support for professional rescue. (Proof of course completion is
required).
JUN - 8 1999
C. FIRST RESPONDER ROLES AND RESPONSIBILITIES: All first
responders, upon arriving at a scene and deeming that the scene is safe, will begin
patient care, if needed, following the guidelines set forth by the Collier County
Emergency Medical Services Medical Director (the "Medical Director"). A copy of the
guidelines is attached as Exhibit A.
D. QUALITY ASSURANCE. (NON DISCIPLINARY)
1 . A quality assurance program will be conducted by the Collier County Basic
Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on
a monthly basis using computer hardware, software and run reports. Run Reports and
the appropriate computer hardware, if unavailable at a co-located EMS/Fire Department
Station, will be the responsibility of the City.
2 The Basic Life Support Coordinator will conduct a three-part quality
assurance review:
a. 1108% quality assurance review using specially designed computer software
de'~eloped by ithe Emergency Medical Services Department and the County's software
company.
b. ir~ividual run report review by Basic Life Support Coordinator or Medical
Director.
c. Field evaluation where the Basic Life Support Coordinator and/or the
Medi. cal Director' randomly respond to calls without notice to t. he City. If the computer
program determines that there is a deviation from the procedures and guidelines
attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality
assurance worksheet in the form of Exhibit B.
JUN - 8 EI99
3. The quality assurance worksheet classifies quality assurance concerns in the
following categories:
Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the
patient's prognosis. All Level 1,concerns will be reviewed
Responder together with the Basic Life Support Coordinator.
Coordinator and the Medical Director in conjunction with the assigned City liaison shall
assure that the individual First Responder receives additional training and education.
by the individual First
The Basic Life Support
Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient,
but would be considered poor clinical treatment or decision making. All Level 2 concerns
will be reviewed by the individual First Responder together with the Basic Life Support
Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction
with the assigned City liaison will assure that the individual First Responder receive
additional training and education
Leve~ 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be
considered minor and shall be handled through confidential interdepartmental mail.
Level 4: Provides a means for communication between individual firefighter and Basic
Life Support Coordinator.
E . IN-SERVICE PROGRAM. The in-service program provides face to face
training fo,'~ ~irst Responder. In-services will be mandatory for all personnel whose role
and responsib(~ities will be or could be that of a first responder.
JUl{ - 8 1999
Thirty Six (36) in-services classes a year will be offered at the City station, see Exhibit C
attached. Scheduling of in-services will be done in conjunction with the City Liaison.
The in-services will follow the DOT/EMT-B first responder curriculum and will contain
both didactic and hands-on skill evaluation. Only three absences per First Responder
will be allowed in a two-year period. Failure to meet this requirement will mean
immediate suspension of the individual First Responder's ability to work under the roles
and responsibilities of a first responder. Action of this type will involve the Public Safety
Department chain of command. After suspension, an individual First Responder may
regain the status of a first responder only after completing a written exam and a scenario-
based evaluation by the Medical Director. In order to enhance the training program, the
City will identify one person to act as the liaison to the Basic Life Support Coordinator
and the Medical Director.
F. Automatic External Defibrillator (AED) TRAINING. AED training will
corr-,pleted ever),, six months through the regularly scheduled in-service program.
recard keeping and quality assurance will also be handled by the Basic Life Support
Co{~rdinator.
be
G. DOCUIMENTATION. Upon completion of a medical call, the First Responder
meeting the necessary qualifications will enter the appropriate information into the
comc, uter and properly complete the run report. The County shall assure that the
computer is designed to automatically upload the information ¥ia modem into the main
data base located at Collier County Emergency Medical Services at a pre-designed time.
The first responder shall provide the information to the EMS Paramedic team verbally
and forward a completed basic life support run report to the office of the Basic Life
Support coordinator within 24 hours from the provision of service rendered. All basic life
4
JU# - 8 1999
support run reports are confidential medical information and shall be handled consistent
with federal and state legislation.
H. EQUIPMENT. All basic life support medical equipment, not on the
Standardized Equipment List shall' receive approval prior to purchase by the Medical
Director. This will create a system which provides for.the standardization of all basic life
support medical equipment throughout the nine area fire departments.
I. NQTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES.
Upon notification, the treatment procedures shall be the responsibility of the City.
J. REIMBURSEMENT: The County shall provide the City the sum to be paid by
the City to the County as a reimbursement towards operational expenses by May I of
each year for the next year. This amount will be due and payable before October 31 of
each year of the Agreement. (see exhibit D cost break down)
K FILING: A copy of this Agreement shall be filed with the Department of Health
and Rehabilitative Services, Bureau of Emergency Medical Services, 1317 Winewood
Boulevard, Tallahassee, Florida, 32399-0700 where it will be retained as part of the
Collier County EMS Department License File.
L. AGREEMENT TERM: This interlocal Agreement shall remain in full force and
effective from October 1, 1998 and, thereafter, shall be deemed extended year to year
upon the same terms and conditions contained herein.
JUN - 8 1999
M. TERMINATION: The County or City may cancel this Agreement with or
without cause by giving thirty (30) days advance written notice of such termination to the
other party. In case of termination only funds remaining in the BLS Coordinators
expenses, shall be prorated on an in service class basis and reimbursed to the City.
N. NOTICE: Notice to the County shall be provided to: The Collier County
Emergency Medical Services Department. Notice to the City shall be provided to: The
Marco Island Public Safety Department.
of
IN WITNESS WHEREOF, this Agreement was executed this 17th
May 1999 by the undersigned.
day
DATED: (~~ ,~,,/;~/9
ATTEST: ~' '
DWIGHT E. BROCK, Deputy Clerk
David Brandt, Chairman
City ef Marco Island
BY:
Diane B. Flagg, Chief
Emergency Services Department
A. Wid)iam Moss
City IV~nager/City Clerk
Approved ~'~ to form and legal sufficiency
BOARD O F.~,~YO'I~T~f'(~ M I S S I O N E R S
COLLIEF~COU,,NTY, FLORIDA
P~rr~ela BMac'~e, Chairwoma. n
Collier County Bo~t.~.ttv
't B. Tober, Medical Director
Emergency Medical Services Department
Approved as to form and legal sufficiency
Robert N. ZaChary, Assista, nt Cougty~Attorney
ATTE ST: ':~
DW]~G~ E, BROCK,-CLERK
Attest as to. Chafrman,s
signature
June 8, 1999
Item #16H1
SATISFACTIONS OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER
Page 75
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
Z SBIO OR: 556 PG: 337
06/10/1999 at 07:56AN DNISH? ~. BROCI, C&H[ ~
R~C H! i6.00
Retn:
CAShieR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Alverez, Elias Torres - AKA Alvarez, Elias
9708912MMA
For services of the Public Defender, bearing the date of the 30th day of December, 1997 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Fifty Dollars,
under Final Judgement and Order recorded in Official Record book 2379, page 3313.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WI27NESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its OMirman execute ~is Satisfaction of Lien in its name.
Execute~iis, ~ d~yof ~
ATTE$I2:
# C,~rk of Circuit O;ur~ ' '
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489110 OR: 2556 PG: 3375 *
06/10/1999 at 07:S6~.D~IOHT L'.'BROCL
HC FH 6.00
aetn:
CASHIBR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
CASE NUMBER:
Amrhein, Karl Adolf
9804324MMA
For services of the Public Defender, bearing the date of the 25th day of November, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Sudgement and Order recorded in Official Record book 2489, page 2237.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that i~ Chairman execme this Satisfaction of Lien in its name.
,,¥ r ~.~re kr of~irc~t CoCu't
':'Att;.eat-;:as to Ct~fman's
Appro~erl as to ~o~l~felltd sufficiency
, ,, 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~/'~.'. "a'Pi~fi'~. l~aC'Ia~ /
Chairwoman
Assistant Ounty Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2489111 OR: 2556 PG: 3376
H¢O~BO i~ OHI¢IAL HCOROS of COLLIH COUN?Yf!L
~C H! 6.00
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Ayalg Armando
9805318MMA
For services of the Public Defender, bearing the date of the 5th day of September, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order r~corded in Official Record book 2461, page 1507.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that ~s Chairman execute this Satisfaction of Lien in its name.
day of
Execated this
ATT~STi
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF ~ PUBLIC DEFENDER
*** 2489112 OR: 2556 PG: 3377 *:
RECORDED in O~['ICIAL I~CORDS of COLLIER COUI~TY, ~L
06/10/1999 at 07:S6~ DWIGHT S, BROC.L CLBR~ ~
Retn:
CASHIER
~ ~ ~ 1999
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
CASE NUMBER:
Breault, Michael Joseph - AKA Breault, Michel Joseph
9806087MMA ,
For services of the Public Defender, bearing the date of thc 25th day of November, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2489, page 2236.
The Bom'd of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel lifts lien of record.
IN WYfNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that it~ Chairman execute this Satisfaction of Lien in its name.
ATTEST: . ;,~.~ :. f: BOARD OF COUNTY COMMISSIONERS
' ; "' COLLIER COUNTY, FLORIDA
· ' ::' F ~2]erk of Circuit Co~urt ' BY: Pamela S. Mac'Kie
"'Atte~.~s ~ to Cha {rmafl'$ Chah~voman
pro,ca as to xorm legal sufficiency
PREPARED BY:
CLERK OF THE (~IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2489113 OR: 2556 PG: 3378 *
HCORD~D ill 0~HClAI, RRCORDS of C0~4I~ C0UI(T~, ~L
06/10/1999 at 07:56A!i DHGHT L BROCK, CLHE
~C H~ 6,00
Retn:
~SHIBR ~ ~ 0 ~ ~
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Cardentey, Gladys Marie - AKA Perez, Gladys
9811016MMA
For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2532, page 1571.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
~:~ ~' ~li~rk of Circuit Coui't
, a ' st as to Chatraan's
that its Clmrman execute this Satisfaction of Lien in its name.
Executed~his . '~ day of ~ , 1999.
ATTEST:: ' '
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant Counly a~tomey
PREPARED BY:
CLERK OF THE ~IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
2489114 OR: 2556 PG: 3379
ElCORHD in O[FICIAL ~CO~S o[ COLLIER COUNTL FL
06/10/1999 aZ O7:~&~ DWIGH~ L BROCL CLBR~
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Council, Aaron
CASE NUMBER: 9804703MMA ,
For services of the Public Defender, bearing the date of thc 13th day of August, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2453, page 1425.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman exec~z this Satisfaction of Lien in its name.
Executed this ~ ~lay of ~ ,1999.
' ' · :,["-k;'. ;'; ~'
· ':'1 ~lerk of Cff~Co~ -
· "; Attest., as t (Ch tr an'
.~pprov~ m fo~ 1~I ~ufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE C~IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489115 OR: 2556 PG: 3380 *
H~ORHD in OHICI~L HCORDS of COLLIBR CO,IffY, FL
06/I0/1999 at 07:56~ BNIC, IIT B. BROCL
HC H! ~.00
letn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
. Cruz, Santos Lebron
9900135MMA
For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2532, page 1586.
TI~ Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cmcel this lien ofve~ord.
IN WITNESS WHI~,.EOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman ~cute this Satisfaction of Lien in its name.
day of ~ ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE (~IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
248511 OR: 2556 PG: 3381
H¢ORDND in OHIClA[ HCORDH of COLLIH COUNTY, ~L
06/10/1999 ~t 07:56M{ DWIOHY {. BROCK, CLNRK :
HC H! 6.00
R~tn:
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain Hen against:
CASE NUMBER:
Eghec, Marioly - ~ Eghec, Marioly
9701N92MMA , '
For services of the Public Defender, bearing the date of the 19th day of November, 1997 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars,
under Final Judgement and Order recorded in Official Record book 2370, page 3158.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execu~ this Satisfaction of Lien in its name.
E~ecuted this /]O~;l~., day of ~
ApprOved ~ to fo~ 1~ sufficiency
,1999.
BOARD OF COUNTY COlVIMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489117 OR: 2556 PG: 3382 **
RRCORDRD in OHICIAL RRCORD$ of COLLIH COUNTY, ~L
o6/10/1999 et 07:56AK D#IGH? !. BROCK, CLHK
HC H! 6.00
Retn:
CA~I~R
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Falcon, Leonel
CASE NUMBER: 9811400MMA ~
For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2532, page 1574.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
ATTEST: '.'
Attest as to Chairman's
slgflatureo~ . ' c
Approved as~O~nlegalsuffic~eB y
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant County ~omey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489118 OR: 2556 PG: 3383
HC0RD~D ~ 0~ICIA~ HC0RD~ of C0~LIH C0~?~, !
06/10/1999 at O?:5~A~DWIGH? L BROCK, CLHK
~etn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Fisher, Garnet Colette
CASE NUMBER: 9805996MMA , '
For services of the Public Defender, bearing the date of the 20th day of October, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2476, page 0772.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
,.that its Chairmen execute this Satisfaction of Lien in its name.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
As~stant County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LH~N
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489119 OR: 2556 PG: 3384
HCOI~D in OFFICIAL RECORDS of COLLIH COUNTY, FL
06/10/1999 at 07:56AK
HC H! 6.00
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Garcia, Sonia T.
CASE NUMBER: 9805349MMA ~
For services of the Public Defender, bearing the date of the 20th day of October, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2476, page 0771.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hexeby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNF~S WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chaim~n execute this Satisfaction of Lien in its name.
Executed ~ ~ day of ~ .... 1999.
ATI'EST:
' 'Cte/~ of Circuit ~6urt
"f. Attesl~ as ta Cha{Pman's
signatur~ ~ . ~.
Approved as m ~ legal suffic~e~y
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLOR/DA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489120 OR: 2556 PG: 3385 *'
RICORDBD in OFFICIAL [~CORD$ o~ COLLIBR COUHT~, FL
~SHIBR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Garza, Noe Lee - AKA Garza, Noe Lee
9307233MMA ,
For services of the Public Defender, bearing the date of the 19th day of June, 1997 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars,
under Final Sudgement and Order recorded in Official Record book 2330, page 2485.
The :Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
canc~ this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman eaecute this Satisfaction of Lien in its name.
Exes. ted this ~)/~ day of ~ . ,1999.
, Ar%t: .:':':-.
Attest: as '~o ~a f~an' s
[~a t~legal ,u~ci~cy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
AssiStant~ounty Attb~aey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489121 OR: 2556 ?G: 3386 *
06/10/1999 a~ 07:56AH DWIGHT B. BROCK, CLBR~
ftc H! 6.00
Re n:
CASHHR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Gaspar, Miguel Angel
CASE NUMBER: 9805432MMA
For services of the Public Defender, bearing the date of the 13th day of August, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2453, page 1423.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
1~ WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairmm~ execute this Satisfaction of Lien in its name.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assis~ant'County Atto~ey
PREPARED BY:
CLERK OF THE C~'IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
2489122 OR: 2556 PG: 338?
~C0~9 I~ OPHCIAL HCORDS of COL~IH
~SHIH
SATISFACTION OF LIEN
t~)R SERVICES OF THE PUBLIC DEFENDER
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
$ohnson, Lmur
CASE NUMBER: 9900648MMA ,'
For services of the Public Defender, bearing the date of the 26th day of March, 1999 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2532, page 1584.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrmders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHERF. OF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman exe~:~te this Satisfaction of Lien in its name.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
A~isia~County Attorney
PREPARED BY:
CLERK OF THE C'~Rcurr COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489123 OR: 2556 PG: 3388
HCO~KD in OI[IClAL UCO~.~ of COLLIRR COll~I,
06/I0/1999 at 07:56A~ DWIGHT B. BROCK, CLBRK
HC HI 6.00
~et~:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Karc-nniarez, Bodgan
CASE NUMBER: 9802433MMA , '
For services of the Public Defender, bearing the date of the 17th day of April, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars,
under Final Judgement and Order recorded in Official Record book 2416, page 3056.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Ch~man execute this Satisfaction of Lien in its name.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant County Attoh:tey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489124 OR: 2556 PG: 3389 *"
06/10/1999 at 07:56~ DWIGH~ S. BROCK, C~RK
~C FH 6.00
Re~n:
~SHIBR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER.:
Kc ~nnedy, Norman Morce Sr.
98o~oo~ ,
For services of the Public Defender, bearing the date of the 21st day of October, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2475, page 0545.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien ofrec~d.
IN WITNESS WHEREOF, The Board of County Co~issioners of Collier County, Florida, hereby directs
that its Chairman exmmte this Satisfaction of Lien in its name.
Executed this z~, day of ~
C, I,?: ~lerkofCi~tCom ' -
· ;:~:.RtteSt as to ChiJrlllll'S
"stgnature. ooly: ,
;Y/~roved as'to form lega~ sufficiency
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assis ~t~n0County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF ~ PUBLIC DEFENDER
*** 2489125 OR: 2556 PG: 3390.**'
06/10/1999 ~t 07:56~ ~IGII? L ~OCL CLH~
R[C ~8! 6.00
Re~n:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS,/s the owner and holder ofa certa/n lien against:
Kennedy, Ronald Shane
CASE NUMBER: 9709163MMA ,
For services of the Public Defender, bearing the date of the 29th day of December, 1997 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Sudgement and Order recorded in Official Record book 2378, page 2331.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel t_his ~ of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chaimmm execute this Satisfaction of Lien in its name.
Executed ~: e~,_~ daY of ~ ,1999.
..t ..~ ,, .~,;;; '7';:" '
_., ATrEST: ..i:' ~ ~' ,,' BOARD OF COUNTY COMMISSIONERS
~.,.. , . -~ .-;,-. COLLIER COUNTY, FLORIDA
Assistant County ZttOrhey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
2489126 OR: 2556 PG: 3391 *
RB~0RD~D tn 0HIClI~ RBC0RDS of COL~IH ~0~FFI, ~L
06/10/1990 at 07:56AH DMIGH? B. BROCK, CLBRK
RIC FB! 6.00
Retn:
CASHIH
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUN'rY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
.Kress, Linda Louise
CASE NUMBER: 9802664MMA
For services of the Public Defender, bearing the date of the 6th day of September, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Sudgement and Order recorded in Official Record book 2461, page 1495.
The Board of Cmmty Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien nf record.
IN WITNESS 'WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
tlmt its Chaimam execute this Salisfaction of Lien in its name.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assixta~t County A;~t~mey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489127 OR: 2556 PG: 3392
06/10/1999 at 07:56~ D~IGHT g. BROCK, CLERK
UC H~ 6.0
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
· Lamb, David Eugene
9807825MMA
For services of the Public Defender, bearing the date of the 2nd day of December, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2490, page 1633.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that i~s Chairman execute this Satisfaction of Lien in its name.
Execated this .~ day of ~
ATTEST:
Clerk of Circuit CorOt' '
.'to. st as to Chaj ,S
~~t~degal suffidency
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assist
· County Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489128 OR: 2556 PG: 339-3
HCORDBD tn OFFICIAL HCORI}S of COLLIH COUNTL FL
06/10/I999 at 07:56~ D~IOHT L BR0C~, CLHX
~C H8 6.0
netn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Leandre, Salvatore
CASE NUMBER: 9703177MMA
For services of the Public Defender, bearing the date of the 16th day of Suly, 1997 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars,
under Final Judgement and Order recorded in Official Record book 2335, page 0383.
Thc Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN ~SS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that ils Chairman execute this Satisfaction of Lien in its name.
Exec~ed this ~ day of ~ 1999.
:.
'~?. '--~ Clerk of,Cffcuit Co~'
':Att%~. ~s t0 Chaf~'s
s~gnat~r9 qnlj.. ,
Appro,~a as to zo~ mgm s~icncy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'KAe
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489129 OR: 2556 PG: 3394
06/10/1999 at O?:56AN DNIOH? E. BROCK, CLERK
Retn:
.iti~ ~ B '~g9§
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Martinez, Ramon Mendoza - AKA Martinez, Ramond
9707284MMA
For services of the Public Defender, bearing the date of the 8th day of October, 1997 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2358, page 0235.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chtianan execute this Satisfaction of Lien in its name.
· Executed.lta~ _._ day of ,1999.
"ATTEST: ' m
' r' C.)t~k of Circuit Cou~'t' '
Att.~st ~s '
s t .... ',. 'to_ chatrman' s
Approved ~s~ legal sufficimcy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
¢
PREPARED BY:
CLERK OF THE C~RCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489130 OR: 2556 PG: 339
RKCORDED tn OFFICIAL R~CORDS of COLLIER COUNTY, ri
0S/10/1HS at 07:56AJ(~WIGHY l. BROCK, CLBRK
RBC FB! 6.~
Re n:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Maynes, Barbara $oonne - AKA Maynes, Barbara I.
9709882MMA ,
For services of the Public Defender, bearing the date of the 19th day of December, 1997 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars,
under Final Sudgement and Order recorded in Official Record book 2380, page 1207.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
ca~lccl this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
ti'mt its Chairm~ execute this Satisfaction of Lien in its name.
B~ecuted this ,~day of ~
· .. : ~ '~¥~' ~,
,1999.
BOARD OFCOUNTYCOMMISSIONERS
COLLIERCOUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assis
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489131 OR: 2556 PG: 3396
R~¢OI~D~D in OHI¢Ilt II~COR~ of COLLIER ¢OllllT~,
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
,McCormack, Matthew
9806236MMA
For services of the Public Defender, bearing the date of the 9th day of November, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2483, page 2591.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Colher County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
Executed ~is ~r~, daY of ~
ATTEST~ ' .,.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE cIRcuIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489132 OR: 2556 PG: 339 *
HCO~D l~ OHICIA~ ~CO~D~ of CO~LIH CO~RT~, ~
06/10]1999 at 0?:56AI(.DffIGH? !, BR0C~, CLHK
IBC H! 6.00
Retn:
~I]R
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Morley, Paula - AKA Morley, Paula Mae
9708257MMA
For services of the Public Defender, bearing the date of thc 9th day of February, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Sudgement and Order recorded in Official Record book 2392, page 0892.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
~f said lien, h~by surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lie~ of record.
IN WITNE~I WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chai~mn execute thin Satisfaction of Lien in its name.
,1999.
Attest, Chat an'$
si na ur
App~ve~ ~o ~)~gal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
A.~sistadt County Attorney
PREPARED BY:
CLERK OF THE (~IRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489133 OR: 2556 PG: 3398
HC H! 6.0
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
CASE NUMBER:
Padron, Miobel Ramos - ~ Padron, Miobel
97051531VlMA
For services of the Public Defender, bearing the date of the 20th day of October, 1997 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2363, page 1790.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
Executed ~. ~. day of~ ,1999.
ATTEST: '"': :' ~,..
' · -"~. erllt of Circuit Coifftr ~ -
Attest 'a'~ ~o Chatman'.~
siglnatur~,
Approved ~ .to fo~ legal suffic~ncy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant County ARorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LH~N
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489134 OR: 2556 PG: 3399
R~CORHD 1~ O~ICIAL ~CORD~ of COLLIH COUN?T, ~L
06/10/1999 at 07:56AK DWIGHT ~. BROCE, CLBRE
HC gE! 6.01
~etn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNI~ FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Peterson, Charles James II - ~ Deleted, Deleted
9801887MMA ~
For services of the Public Defender, bearing the date of the 18th day of May, 1998 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Fifty Dollars,
under Final Judgement and Order recorded in Official Record book 2422, page 1724.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this li, n of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
Executed this ~ day of ~
· :. :',~
AtteS't:'a
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN'I~, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant ~ounty ~omey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489135 OR: 2556 PG: 3400
HCORHD ~n OHIClI~ RICORI}S of CO~Llll CO~I?I, IL
06/10/1999 at 07:56~ DWlSHT I. BROCK, CLIILI
HIe H! 6.00
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
Petit, Paul
CASE NUMBER: 9807555MMA ~
For services of the Public Defender, bearing the date of the 2nd day of December, 1998 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2490, page 2737.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITh~SS WHEREOF, Thc Board of County Commissioners of Collier County, Florida, hereby directs
that its Ckairman execute this Satisfaction of Lien in its name.
Execute:this,,,. ~ day of ~
ATTEST:
Attest ps to Chatr~afl's
stgoatu,,~ onlv.
Approved as to fo'fro legal sufficiency
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF ~ PUBLIC DEFENDER
*** 2489136 OR: 2556 PG: 340t
HCOHDBD in 0HICIAI, HCORDS of COLLIH COUNTY, FL
06/10/1999 at 07:56AK DWIGHT S. Ba0CK, CLHK
~BC H! ~.0C
Rets:
CASHIH
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Ramirez, Alejo Melesio - AKA Ramirez, Melecio
9807564MMA , '
For services of the Public Defender, bearing the date of the 20th day of October, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Sudgement and Order recorded in Official Record book 2476, page 0769.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Clmirman execute this Satisfaction of Lien in its name.
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
Assistant -County ~ttorney
PREPARED BY:
CLERK OFTHEC~_RCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489137 OR: 2556 PG: 340 **
HCOP, I)ED In OHICIAL HCORDS of COLLIER ¢OUNTT, FL
0&/10/1999 at 07:56~ D~IGH! L BROCL CLBP. I
RB~ H! &.O0
Re n:
CAflHIBR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
Reuseh, Shaun Michael
CASE NUMBER: 9801058MMA
For services of the Public Defender, bearing the date of the 25th day of March, 1998 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2416, page 3012.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
Executed this
ATTEST:
~'fl~g, day of ~ ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489138 OR: 2556 PG: 3403 *'
RECORDED in OFFICIAL R~CORDS o[ COLLIH COUNTY, FL
06/10/1990 at 0?:56AH DWIGHT I. BROCK, CLIRK
P~C FH 6.00
ae n:
CASHIER
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
CASE NUMBER:
Rexford, Christopher Paul
9704264MMA ,
For services of the Public Defender, bearing the date of the 6th day of August, 1997 recorded in office of
the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars,
under Final Judgement and Order recorded in Official Record book 2340, page 0861.
The Board .of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this .li~ of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Ch~nan execute this Satisfaction of Lien in its name.
· Executed ~ . day of 1999.
, :?~;.. ,.,,. -
::'Y::~ g. ~ ofC~uit Co~
ChaJ nan s
Approved ~ ~ fo~ legal s~c~cy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Chairwoman
Assistant Coun~ Attorney
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489139 OR: 2556 PG: 3401 *
RICORDID in O~HCIAL ~CORD~ of COLLIH COUN?~, ~L
06/lO/1999 at 07:56AN DVlGH? L BROCK, CLBRK
I~C FHB 6.00
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
St Marc, Marie - AKA StMarc, Marie
9802344MMA
For services of the Public Defender, bearing the date of the 18th day of June, 1998 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars,
under Final Judgement and Order recorded in Official Record book 2441, page 2067.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chairman execute this Satisfaction of Lien in its name.
'Executed ~ ~7~,~ day of~.~,~
ATTEST:
Attest ~$ to Chairman's
signature only.
Approved s.~ ~ ~rm leg~ suffic~ncy
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489141 OR: 2556 PG: 3406
RI¢ORI}~D in OHICIAI. HCORDS of ¢OLLIH
O~/lO/1H9 at OT:~&~ DgI~T S. BROCK, CLBH
~C H~ 6.00
Retn:
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien against:
CASE NUMBER:
Vaniscar, Andrew Joseph IV - AKA Vaniscar, Drew
9708801MMA ,
For services of the Public Defender, bearing the date of the 3rd day of December, 1997 recorded in office
of thc Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2371, page 2386.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this liem of record.
IN WITN~ WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its C-'"nahvam execute this Satisfaction of Lien in its name.
Executed tbis~day of ~ ,1999.
ATTEST:
::'.(.' // 'Cler~fCircuit C~t '
Attest as L~'Chatrman's
~p~nroa~eUdCa~ e~~ legal sufficie, cy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Aasistant County Att-~ey~
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF ~ PUBLIC DEFENDER
*** 2489142 OR: 2556 PG: 340'7
HCORD~D tn OHICIAI, HCORD~ of COLLIH COIllffT, ~L
06/I0/19H at 07:56~ OgI~T B. BROCK, CLBRK
~C FBB 6.00
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder ora certain lien against:
CASE NUMBER:
Whirl, Vincent. Tremel- AKA Whirl, Vincent Themel
9708266MMA ,'
For services of the Public Defender, bearing the date of the 17th day of November, 1997 recorded in office
of the Cleric of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five
Dollars,
under Final Judgement and Order recorded in Official Record book 2370, page 28SS.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said ]i~, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITHESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Clmirman execute thi~ Satisfaction of Lien in its name.
Exccutedthis z~7~ day offs, 1999.
,ATrEs~.i. ,
,4'
· q-:... Attezt .as 'to:: Cha Jrmn's
:'..:,~. s ! gfl~ure ::bfl 1 ~,.
ApprO.ved ~S'(o fo~m legal safficienc7
A,ttomey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: Pamela S. Mac'Kie
Chairwoman
PREPARED BY:
CLERK OF THE C~RCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
*** 2489143 OR: 2556 PG: 3408
R[CORDID tn OHICIA~ P~CORDS of COLLIH COUFfY, ~L
0S/10/1HS at 07:56AS DUIGHT l. BROCK, CLSll
RBC KS! LO0
Re~n:
~SHXBR
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIONERS, is the owner and holder of a certain lien ag~i,s/:
CASE NUMBER:
Williams, Ann - AKA Moreland, Michclle
9301280Ml ,'
For services of the Public Defender, bearing the date of the 18th day of May, 1998 recorded in office of the
Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Twenty-Five Dollars,
under Final Judgement and Order recorded in Official Record book 2422, page 1721.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
that its Chainmm execute this Satisfaction of Lien in its name.
lttiist ~'.,to Ch~tn~.'~
s~J na ur
A~tS~vie~ as ~o ~aYl~gal suffici~cy
,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
As~istafft County At~mey
PREPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044 '
NAPLES, FLORIDA 34101-3044
SATISFACTION OF LIEN
FOR SERVICES OF THE PUBLIC DEFENDER
"* 2489144 OR: 2556 PG: 3409
IICORDBD In OFFICIAL UCORDS o~ COLLIBR COUNTY, FL
06/10/1909 at 07:56AK DWIGHT S. BROCK,
Seth:
CASHII~
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD
OF COMMISSIOn, is the owner and holder of a certain lien against:
CASE NUMBEI~
Wilson, Jarrod Hampton - AKA Wilson, Sarrod Hamilton
9705181MMA ,'
For services of the Public Defender, bearing the date of the 3rd day of November, 1997 recorded in office
of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of Forty Dollars,
under Final Judgement and Order recorded in Official Record book 2364, page 1960.
The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction
of said lien, hereby surrenders limt same as canceled, and hereby directs that the Clerk of said Circuit Court
cancel this lien of record.
IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs
tha~its Chairman execute this Satisfaction of Lien in its name.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Assistan[County A-ttomey
PKEPARED BY:
CLERK OF THE CIRCUIT COURT
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
June 8, 1999
Item #16H2
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence as presented by the
Board of County Commissioners has been directed to the various
departments as indicated~
Page 76
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
JUNE 8, 1999
FOR BOARD ACTION:
1.
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 9708912MMA, 9804324MMA,
9805318MMA, 9806087MMA, 9811016MMA, 9804703MMA, 9900135MMA,
9708492MMA,
9805432MMA,
9802664MMA,
9806236MMA,
9807564MMA,
9708801MMA,
9811400MMA, 9805996MMA, 9805349MMA, 9307233MMA,
9900648MMA,.9802433MMA, 9805009MMA, 9709163MMA,
9807825MMA, 9703177MMA, 9707284MMA, 9709882MMA,
9708257MMA, 9705153MMA, 9801887MMA, 9807555MMA,
9801058MMA, 9704264MMA, 9802344MMA, 9707707MMA,
9708266MMA, 9301280M 1, 9705181MMA
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. May 10- 14, 1999
B. May 17 o 21, 1999
Districts:
A. Naples Heritage Community Development District - Minutes of August 24, 1998
meeting
B. East Naples Fire Control and Rescue District - Public Facilities Report
C. Heritage Greens Community Development District - Minutes of August 24, 1998
meeting
D. Big Cypress Basin Board of the South Florida Water Management District -
Minutes of April 1, 1999
Minutes:
A. Collier County Airport Authority - Agenda of May 10, 1999 and minutes of
April 12, 1999 meeting
B. Code Enforcement Board - Minutes of March 25, 1999 meetin AGENDA EM
No. /6J-J
JUN 0 8 1999
Pg. [
Co
Do
Bo
Jo
Lo
No
Po
Qo
Historical/Archaeological Preservation Board - Minutes of April 16, 1999
meeting and agenda of May 21, 1999
Environmental Advisory Council - Agenda of May 5, 1999 and minutes of
April 7, 1999 meeting
Golden Gate Estates Land Trust Committee - Minutes of February 22, 1999
meeting
Library Advisory Board - Minutes of February 24, 1999 meeting
Parks and Recreation Advisory Board - Agenda of April 28, 1999 and minutes of
March 24, 1999 meeting-
Library Advisory Board - Minutes of March 24, 1999 meeting
Pelican Bay MSTBU Advisory Committee - Agenda of May 5, 1999 and minutes
of April 7, 1999 meeting
Golden Gate Beautification Advisory Committee - Agenda of May 11, 1999 and
minutes of April 13, 1999 meeting
Lely Golf Estates Beautification Advisory Committee - Agenda of June 4, 1999
and minutes of April 9, 1999 meeting
Collier County Planning Commission - Agenda of May 6, 1999 and minutes of
April 1, 1999 and April 15, 1999 meetings
Hispanic Affairs Advisory Board - Minutes of February 25, 1999 and March 25,
1999 meetings
Immokalee Beautification Advisory Committee - Agenda of May 19, 1999 and
minutes of April 21, 1999 meeting
Immokalee Enterprise Zone Development Agency - Minutes of February 11, 1999
meeting
Ochopee Fire Control District Advisory Committee - Minutes of January 11, 1999
and February 1, 1999 meetings
Radio Road Beautification Meeting - Minutes of April 12, 1999 meeting
Public Vehicle Advisory Committee - Minutes of April 6, 1999 meeting
Beach RenourishmenffMaintenance Committee - Agenda of May 6, 1999
JUN 0 8 1999
pg. ~
Pathway Advisory Committee - Agenda of May 21, 1999 and minutes April 23,
1999
AGENDA/]:TI~N
No. /~ /~,,
J UN 0 8 1999
Po. 5
June 8, 1999
Item #1611
RESOLUTION 99-259, AMENDING RESOLUTION 95-552, THE INVESTMENT POLICY
TO RECOGNIZE CHANGES IN THE MARKET AND RECOGNIZING THE DYNAMIC NATURE
OF THE PORTFOLIO
Page 77
JUN - 8 1999
DOCUMENT NOT RECEIVED IN CLERK'S OFFICE
AS OF 11/30/99
June 8, 1999
Item #1612
STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 1999-2000
Page 78
JUN 8 1999
CLERK OF THE CIRCUIT COURT 0~'~C~ t.?
COLLIER COUNTY, FLORIDA C0Ui(-v
FINANCE & ACCOUNTING DEPARTMENT
MEMORANDUM
DATE:
TO:
CC:
FROM:
RE:
6/10/99
DAVID WEIGEL
COUNTY ATI'ORNEY
ROBERT W. BYRNE, CMA GENERAL OPERATIONS MANAGER
REVENUE SHARING APPLICATION
Please approve the attached Revenue Sharing Application as to form and legal sufficiency so that
the application may be signed by the Chairman. This application has been approved by the BCC on
June 8, 1999 as agenda item 16 1 2.
Your prompt attention to this request is appreciated. If you need any additional inforrnafion, do
not hesitate to call me at 774-8481. Also, once approved, please let me know so that I may pick it
up.
'JUN - 8 1999
Application For Revenue Sharing 1999-2000 State Fiscal Year
(Chapter 218, Part II ,Florida Statutes)
Application must be reseived by the Department of Revenue
prior to June 30 preoeding the beginning of the state risc:id year 1999-2000
Please TYPE or PRINT all entries except those requiring a signature.
D R-70021 !
R. oa/gS
Part One
Name of County C o I I i e r
OR
Name of Municipality
County
Telephone Number
Fax Telephone Number (9 41 ) 7 7 4 - 61 7 9
Mayor or Chairman of GOVeming Body P a m e ] a S. M a c ' k i e.
Chief Fiscal Officer Dwight E. Brock. Clerk of the
Official Mailing Address 3301 £asl; .T~mi am.i Tr.~i 1
Na_D]eS. Florida 34112
Chairwoman
Circuit Court
Check here if the address represents a change from the previous application.
Fecleml Employer I.D. Number
(required for new participants only).
Part Two
To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218~.1(7), F.S., for any
fiscal year, a unit of local govemment is required to have fulfilled certain requirements set forth in s. 218.23, F.S., including
certification requirements. Signatures by the appropriate official in the signature blocks, where applicable, shall constitute
fulfillment of the certification requirements set forth in s. 218.23, F.S.
Consistent with the requirements of s. 218.23, F.S., has the applicant:
1. Reported its finances for its most recently completed fiscal year to the Department of ,~i.a.qi~ing and
Finance, pumuant to s. 218.32, F.S.?
2. Made provisions for annual postaudits of its J:inancial accounts in accordanc ~ s. ! .4~
Yes ~ No r"-I ~nuarv ~_~_ 9
D~ie of Audit Flel~
JUN - 8 1999
DFI-7oo218
P-ge 2
Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes,
exclusive of taxes levied for debt service or other special millages authorized by the voters, to produce
the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values
as certified by the property appraiser, pursuant to s. 193.122(2), F.S.,
Yes ~ No ~
OR,
in order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill
ad valorem tax:
(A)
(B)
(C)
(D)
(E)
to have received a remittance from the county pursuant to s. 125.01 (6)(a),ES.;
collected an occupational license tax;
collected a utility tax; ,
levied an ad valorem tax;
received revenue from any combination of these four sources?
Yes ~'~ No ~
Law enforcement officers, es defined in s. 943.10(1), F.S., employed by this Unit meet the
qua~cafions for employment as established by the Criminal Justice Standards and Training
Commission?
Yes ~-~ No ~
(B)
Thesalary structure and salary plans for law enforcement officers meet the provisions of Chapter
94,% ES.?
(c)
All lam enfomement ortcms, as defined in s. 943.10(1), RS., are compensated at an annual
salad, ;ate of six thousand dollars ($6,000) or mom?
Yes .o I--I
[If the answer to (C) above is (N~, please state in an addendum to this application any mason
you may ;-r~-~e for waiver of such requirement (one of which must be that you are levying ten (10)
mills of ad valorem taxes).]
~Apl~r~riat. Law Enfc~r~ern~nt Officer
Date:
[If you have no police department, etc., please check the block to the left side.]
o
JUN- 8 1999
DR-70o21
R. o,3/9~
Page
Certified that persons in its employ as firefighters, as defined in s. 633.30(1), F.S., meet the qualif~ation
for employment as established by the Division of State I=ire Marshal pumuant to the provisions of ss.
633.34 and 6.33.35, F.S., and that the provisions of s. 633.382, F$. are met?
Additionally, please answer the following:
(A)
Does the addressed unit of government emplOy any full-time firefightem which currently possess
either a bachelor's degree or associate degree from a college or university which is applicable to
fire department duties, provided that degree is not required for their current position?
(B) If so, are these firefighters currently receiving supplemental compensation for those degrees?
Yes/~/~, 7~/o~/]/~/~~[-T-) Does Not Apply
Signed: , . -- Date:
///Al~pr{3priate Fire Official
[If you have no fire department or if you have a strictly volunteer fire department, etc., please check the
box to the left side.]
o
Cert~ted ~ltat each dependent special district that is budgeted separately from the general budget of the
Iocad governing authority has met the provisions for annual postaudit of its financial accounts in
a~ with the provisior~s of s. 11.45(3), F.S.?
Does Not Apply .r-'~,
Date: ~ "-~"'"?~
Certified to t~ne Department of Revenue that the requirements of s. 200.065, F.S., if applicable, were met?
(The certificaiion shall be made annually within 30 days of adopti~:~n of an ordinance or resolution
establishing a final property tax levy or, if no property tax is leviex~, not I~ter than November 1. The
portion of revenue sharing funds which, pursu;:=nt to Phis I:~rt, weald r.~therwise be distributeci to a unit of
local govemment which has not certilied corr~3~:anc~ or has otherwise ~aile-] to meet the recluirements of
s. 200.065, F.S., s~all be deposited in the General :{~.venue F~r~d for the ~2 mo. tbs i' ;.flowing a
determinat[oD__of noncompliance by the depanmer~;.
Signed:
(Chief Fi,sqa~/Officer) -'
Part Three
J UN - 8 1999
O R-700218
R. O3/99
Page 4
I hereby certify'that all of the foregoing information is accurate and true to the best of my knowledge. I further certify that I
will promptly report to the Department of Revenue any changes in the above information. I also realize that failure to
provide timely information required, pursuant to the administration of this Act shall, by such action, authorize the
Department to utilize the best information available or, if no such information is available, to take necessary action
including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to
challenge the determination of the Department to its share of funds, if any, beyond its minimum entitlement, pursuant to
the privilege of receiving shared revenues from the Revenue Sharing Trust Funds.
Do you believe that you have complied with ALL eligibility requirements as set forth above?
yes IT1.o I--!
If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue
necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds
received from revenue sharing.
Signed: (Cl~ie~~/l:~r)~
(l~ayor or Cheinnan of Governing Body)
Mail comDlel~d orlclinal application to address shown below.
Department of Revenue
Revenue Accounting Section
P,O. Box 6609
Tallahassee, Florida 32399-6609
JUN - 8 1999
STATE OF FLORIDA
DEPARTMENT OF REVENUE
TALLAHASSEE, FLORIDA 32399-0100
General Tax Administration
Child Support Enforcement
Pr¢.~erW Tax Administration
L. H. Fuchs Administrative Services
Executive Director Information Services
April 1, 1999
To All Units of Local Government As Addressed:
Subject:
State Revenue Sharing Application
For State Fiscal Year 1999-2000
Ladies and Gentlemen:
Enclosed is the State Revenue Sharing application for the state fiscal year 1999-2000. Each unit
of local government is required to file an application in order to be considered for any funds to be
dism~buted under the Revenue S .h~/ng Act. The application form must be completed and returned to the
Department of Revenue NO LATER THAN JUNE 30. 1999. Section 218.26 (4), Florida Statutes, states:
It shall be the duty of each agency and unit of local government required to submit certified
information to the Department pursuant to the administration of this act to file timely information.
Any unit of local government failing to provide timely information required pursuant to the
administration of this part shall, by such action, authorize the department to utilize the best
information available or, if no such information is available, to take any necessary action, including
disqualification, either partial or entire, and shall further, by such action, waive any fight to
challenge the determination of the Department as to its share, if any, pursuant to the privilege of
receiving shared revenues under this part.
Enclosed with the application is an information bulletin on the State Revenue Sharing Program.
Your timely response tad cooperation in this matter will be greatly appreciated and will expedite the
distribution of your State Revenue Sharing Funds. If you have any questions please feel free to contact
Lisa Morgan or myself in the Revenue Accounting Section at (850) 487-1150.
Sincerely,
~en?~eth Z. Stinsor
~?inance and Accot':'~tin~ Director H
Revenue Accounth g
DHA/KES/Im
Enclosures
J U N - 199
STATE REVENUE SHARING INFORMATION BULLETIN
CHAPTER 218, PART II, FLORIDA STATUTES
Pursuant to s. 218.23(1), F.S.. To be eligible to participate
in revenue sharing beyond the minimum entitlement in any
fiscal year, a unit of local government (Note: counties,
municipalities, and metropolitan and consolidated governments)
is required to have:
a o
Reported its finances for its most recently completed
fiscal year to the Department of Banking and Finance
pursuant to s. 218.32, F.S..
Note:
Occupational license tax and utility service
tax data will be obtained from the most
current fiscal year reports as certified by
the Department of Banking and Finance.
Made provisions for annual post audits of its financial
accounts in accordance with provisions of law.
Levied, as shown on its most recent financial report
pursuant to s. 218.32, F.S., ad valorem taxes, exclusive
of taxes levied for debt service or other special
millages authorized by the voters, to produc~ the revenue
equivalent to millage rate of three mills on the dollar
based on the 1973 taxable values as certified by the
property appraiser pursuant to s. 193.122(2), F.S., or in
order to produce revenue equivalent to that which would
otherwise be produced by such three mill ad valorem tax,
to have received a remittance from the county pursuant to
s. 125.01(6) (a), F.S., collected an occupational license
tax or a utility tax, levied an ad valorem tax, or
received revenue from any combination of these four
sources. If a new municipality is incorporated, the
provisions of this paragraph shall apply to the taxable
values for the year of incorporation as certified by t~e
property appraiser. This paragraph requires only a
minimum amount of revenue to be raised from the ad
valorem tax, the occupational license ~ax, and the
utility tax. It does not require a minimum ~illage rat~.
do
Certified that perrons in its employ as law enf¢;rceme~.z
officers, as define~ in s. 94~..1£ ~1) ~ F.S~, neet tke
qualifications for ~:'~m~Loyment as ei~t~ab~!_isnec~ b?' the
Criminal Justice 3tan¢iards and 'P~_~aining Commiss~on tk~it
its salary st~.icture and salars~
of chapter 9~3; and 2hat no 1:~%~ e~;~forcer~.enr, c~ =i~:er ~_s
compensated ~or his or her se~zices au a:~ annu ~1 sala.?y
rate of less than $6,000.00. ~'owever, the depaz~2ment ~uay
waive the minimum law enfcrcemenE
, ,ff_~e_ salary
JUN - 1999
requirement if a city or county certifies that it is
levying ad valorem taxes at 10 mills.
eo
Certified that persons in its employ as firefighters, as
defined in s. 633.30(1), F.S., meet the qualification for
employment as established by the Division of State Fire
Marshal pursuant to the provisions of ss. 633.34 and
633.35, F.S., and that the provisions of s. 633.382,F.S.,
have been met.
f o
Certified that each dependent special district that is
budgeted separately from the general budget of the local
governing authority has met the provisions for annual
postaudit of its financial accounts in accordance with
the provisions of law.
Additionally, to receive its share of revenue sharing funds,
a unit of local government shall certify to the Department of
Revenue that the requirements of s. 200.065, F.S., if
applicable, were met. The certification shall be made
annually within 30 days of adoption of an ordinance or
resolution establishing a final property tax levy or, if no
property tax is levied, not later than November 1. The
portion of revenue sharing funds which, pursuant to this part,
would otherwise be distributed to a unit of local government
which has not certified compliance or has otherwise failed to
meet the requirements of s. 200.065, F.S.,. shall be deposited
in the General Revenue Fund for the 12 months following a
determination of noncompliance by the department.
II.
If the Department determines that a unit of local government
does NC~ meet all of the eligibility requirements, the unit
will only receive its minimum entitlement.
Pursuant. to s. 218.21(7), F.S.. "Minimum entitlement" means
the amc~nt of revenue, as certified by a unit of local
governme=t and determined by the department, which must be
shared with a unit of local government so that such unit will
receive the amount of revenue necessary to meet its
obligations as a result of pledges or assignments or trusts
entered into which obligated funds received from revenue
sources or proceeds which by terms of the act shall henceforth
be distr/3~uted out of revenue sharing trust funds.
II~. Pursuant to s. 218.23(~},. F.S.. The distribution to a unit of
local government under this part is determined by the
following formula:
a o
First, the entitlement of an eligible unit of local
government shall be computed on the basis of the
apportionment factor provided in s. 218.245 F.S., which
shall be applied for all eligible units of local
2
- 8 1999
be
government to all receipts available for distribution in
the respective revenue sharing trust fund.
Second, revenue shared with ELIGIBLE units of local
government for any fiscal year shall be adjusted so that
no ELIGIBLE unit of local Government receives less funds
than its guaranteed entitlement.
NOTE: Pursuant to s. 218.21(6), F.S., "Guaranteed
Entitlement" means the amount of revenue which must be
shared with an ELIGIBLE unit of local government so that:
ae
No ELIGIBLE county shall receive less
funds from the Revenue Sharing Trust Fund
for Counties in any fiscal year than the
amount received in the aggregate from the
state in fiscal year 1971-72 under the
provisions of the then existing s.
210.20(2) (c) F.S., tax on cigarettes; s.
323.16(4) F.S., road tax; and s.
199.292(4) F.S., tax on intangible
personal property.
Be
No ELIGIBLE municipality shall receive
less funds from the Revenue Sharing Trust
Fund for Municipalities in any fiscal
year than the aggregate amount it
received from the state in fiscal year
1971-1972 under the provisions of the
then existing s. 210.20(2) (a) F.S., tax
on cigarettes; s. 323.16(3) F.S., road
tax; and s. 206.605 F.S., tax on motor
fuel. Effective in Cbe 1994-1995
fiscal year and thereafter, any
government exercising municipal powers
under s. 6(f), Art. VIII of the State
Constitution may not receive less than
the aggregate amount it received from the
Revenue Sharing Trust Fund for
Municipalities in the preceding fiscal
year, plus a percentage increase in such
amount equal to the percentage increase
of the Revenue Sharing Trust Fund for
Municipalities for the preceding fiscal
year.
Third, revenues shared with counties for a~, fiscal year
shall be adjusted sc that no co'L~t¥ receives i~ss funds
than its guarante,~d ent£t!e~en~ plus the seconc
guaranteed entitteme~ for counEaes.
NOTE:
Pursu~ant to s. 218.21(10), F.S..
3
JUN - 8 1999
de
ee
"Second guaranteed entitlement
for counties" means the amount of
revenue received in the aggregate by the
ELIGIBLE county in fiscal year 1981-82
under the provisions of the then existing
s. 210.20(2) (a) F.S., tax on cigarettes,
and s. 199.292(4) F.S., tax on intangible
personal property, less the guaranteed
entitlement.
Fourth, revenue shared with units of local government for
any fiscal year shall be adjusted so that no unit of
local government receives less funds than its minimum
entitlement.
Fifth, after the adjustments provided in paragraphs (b),
(c), and (d) and after deducting the amount committed to
all the units of local government, the funds remaining in
the respective trust funds shall be distributed to those
eligible units of local government which qualify to
receive additional moneys beyond the guaranteed
entitlement, on the basis of the additional money of each
qualified unit of local government in proportion to the
total additional money of all qualified units of local
government.
IV.
APPORTIONMENT FACTORS
~ursuant to s. 218.245(1), F.S. The apportionment factor
f~r all ELIGIBLE counties shall be composed of three
equally weighted portions as follows:
Each RLIGIBLE county's percentage of the total
population of ALL ELIGIBLE counties in the state.
Each ELIGIBLE county's percentage of the total
population of the state residing in unincorporated
areas of ALL ELIGIBLE counties.
Each ELIGIBLE county's percentage of total sales
tax collections in bt,T. ELIGIBLE counties during the
precedim~ year.
Pursmant to s. 218.245(2), F.S. The apportionment factor
for all ELIGIBLE municipalities shall be composed of
three equally weighted portions as follows:
The proportion of the population of a given
municipality to the tOtal population of all the
eligible municipalities in the state, as adjusted
4
by the following factors:
JUN - q99
B o
For a municipality with a population in excess
of 50,000, the population shall be adjusted by
multiplying its population by a factor of'
1.791.
For a municipality with a population in excess
of 20,000, but less than 50,001, the
population shall be adjusted by multiplying
its population by a factor of 1.709.
For a municipality with a population in excess
of 5,000, but less than 20,001, the population
shall be adjusted by multiplying its
population by a factor of 1.425.
For a municipality with a population in excess
of 2,000, but less that 5,001, the population
shall be adjusted by multiplying its
population by a factor of 1.135.
The proportion of the sales tax collected within a
given municipality to the total sales tax collected
within all the eligible municipalities in the
state. The sales tax collected within a given
municipality shall be derived by allocating the
amount of sales tax collections for the county in
which the municipality is located to each
municipality in the county on the basis of the
proportion of each municipality's population to the
total population of the county.
The ratio of the relative local ability to raise
revenue, to be determined:
By dividing the per capita nonexempt assessed
real and personal property valuauion of all
eligible municipalities by the per capita
nonexempt real and personal property valuation
of each eligible municipality.
By multip!.~.ng the population of an eligible
mun;_cipali~y by the percentage applicable to
that ~u~'cipality as estabiish~d under
su~paragr~ Dh !.
By dividi~ ~ the population, as recalculaced to
reflecn ~;~e r.~!ative local ab~iity, by the
tc%al rec~lcu.;..aued population of all eligible
municipai~.~ie~: ~.n the
5
JUN- 8 1999
Vo
VI.
NOTE:
The weighted population, sales tax
allocation, and recalculated population
of any metropolitan or consolidated
government shall be adjusted by an ad
valorem reduction factor.
Wire transfers and Automated Clearing House (ACH) transfers on
monthly distributions are available upon written request.
The request from the mayor, chairman, or chief fiscal officer
should be received by the Department one month prior to the
distribution for which the wire transfer shall be made, and
shall authorize the deduction of the cost of the wire transfer
which will be borne by the local government. The request
shall include the bank name, account number, and account name
that the funds will be transferred into.
Electronic Payment is also available through the State
Comptroller's Office. An Electronic Payment Authorization
form must be completed and sent to the State Comptroller's
Office to initiate this process. Any questions pertaining to
electronic payment should be addressed to the State
Comptroller's EFT Section, Telephone (850) 410-9466 or Suncom
210-9466.
REVENUE SHARING DATA:
1. Population:
o
The population figures used in the revenue sharing
'formula were developed by the Office of the Governor and
certified to the Department of Revenue. Any questions
~ertaining to the accuracy of the population figures
should be addressed to the Office of The Governor, (850)
~87-2814 or Suncom 277-2814.
'A~ Valorem Tax Data:
TM~ assessed value and millage rates from the most recent
tax roll were certified by the Property Tax
A~ministration Program, Department of Revenue. Any
questions pertaining to the accuracy of the assessed
value or the millage rates used should be addressed to
the Property Ta~= Administration Program, (850) 488-3338
or Suncom 278-3338.
Sales Tax Collections:
The county sales tax collections for the most recent
calendar year are used in these calculations. Any
questions pertaining to the accuracy of these figures
should be addressed to Research and Analysis, Department
of Revenue, (850) 488-2900 or Suncom 278-2900.
4. Financial Data:
The Department of Banking and Finance has certified
occupational license tax and utility service tax data to
the Department of Revenue. Any questions pertaining to
financial data should be addressed to the Department of
Banking and Finance, (850) 410-9951 or Suncom 210-9951.
VII. The Department of Revenue is eager to cooperate in every way
to insure the accuracy of state revenue sharing distributions.
If you need additional information or if questions arise,
please contact the Revenue Accounting Section at
(850) 487-1150 or Suncom 277- 1150.
7
June 8, 1999
Item #16J1
RESOLUTION 99-260, AUTHORIZING THE HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA, TO ISSUE MULTI-FAMILY HOUSING REVENUE
REFUNDING BONDS TO REFINANCE CORAL PALMS APARTMENTS
Page 79
RESOLUTION 99-260
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$10,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-
FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1999 (CORAL
PALMS APARTMENTS) PURSUANT TO CHAPTER 159, PART IV, FLORIDA
STATUTES, AS AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA:
Section 1. Recitals. It is hereby found, ascertained, determined
and declared that:
A. The Housing Finance Authority of Collier County (the "Issuer")
is a public corporation of the State of Florida, was duly created by
Ordinance No. 80-66 of the Board of County Commissioners of Collier
County, Florida, and is a body corporate and politic duly created and
existing as a local governmental body and a public instrumentality for
the purpose of assisting qualifying housing projects situated in Collier
County, Florida (the "County"), under and by virtue of Chapter 159, Part
IV, Florida Statutes, (the "Act"), to provide for the issuance of and to
issue and sell its obligations for lawful purposes under the Act.
B. The Issuer has submitted to the Board of County Commissioners
a copy of its Resolution 99-04 (the "Resolution"),attached hereto as
Exhibit A, with respect to the issuance by it of not to exceed
$10,000,000 Housing Finance Authority of Collier County Multi-Family
Housing Revenue Refunding Bonds, Series 1999 (Coral Palms Apartments)
(the "Bonds").
C. A public hearing was held on the Resolution on June 7, 1999,
which public hearing was duly conducted by the Issuer upon reasonable
public notice, copies of said notice being attached to the Resolution,
and at such hearing interested individuals were afforded the opportunity
to express their views, both orally and in writing, on all matters
pertaining to the location and nature of the proposed project and to the
issuance of the Bonds.
D. The Issuer has recommended and requested that the Board of
County Commissioners approve the issuance of the Bonds so that the
interest on the Bonds will be exempt from federal income taxation under
applicable provisions of Section 147(a) of the Internal Revenue Code of
1986, as amended.
E. The Resolution shows that the Issuer has acted in accordance
with all applicable requirements of law, and that the issuance of the
Bonds will serve significant public purposes as provided in the Act.
F. The purpose of the Act will be effectively served, and it is
necessary and desirable and in the best interest of the County that the
issuance of the Bonds be approved by the Board of County Commissioners.
G. The Bond shall not constitute a debt, liability or obligation
C:~,I yFilcs~documenl\HOFA-M EADOWOOD\ResolutionBCC.wpd
of Collier County, its Board of County Commissioners, officers, agents
or employees, or the State of Florida or any political subdivision
thereof, but shall be payable solely from the revenues provided
therefore, and neither the faith and credit nor any taxing power of
Collier County, or the State of Florida or any political subdivision
thereof is pledged to the payment of the principal of, premium, if any,
and interest on the Bond. No member of the Board of County Commissioners
of Collier County or any officer, agent, or employee thereof shall be
liable personally on the Bonds by reason of their issuance.
Section 2. Approval of Issuance of the Bonds. The issuance of the
Bonds as contemplated by the Resolution is hereby approved, however this
approval shall in no way be deemed to abrogate any regulations of the
County and the project contemplated by this resolution shall be subject
to all such regulations, including, but not limited to, the County's
Growth Management Plan, all concurrency requirements contained therein,
the Collier County Land Development Code, and any applicable impact fee
ordinances.
Section 3. Repealing Clause. Ail resolutions or orders and parts
thereof in conflict herewith, to the extent of such conflict, are hereby
superseded and repealed.
Section 4. Effective Date.
immediately upon its adoption.
This Resolution shall take effect
PASSED AND ADOPTED THIS 8th day of June, 1999.
(SEAL)
ATTEST,? ~ !~ .7
D~ight E~?'~r6ck, Clerk
· i DePuty. Clark-
ms.,to Chat. man'$
~pprove'~V~ to form and legal sufficiency:
David C. Wei~l
County Attorney
Pame~. Mac K~, Cha~f~o~an~/~/
99-04
RESOLUTION REGARDING THE OFFICIAL ACTION OF THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, RELATIVE TO
THE ISSUANCE OF NOT TO EXCEED $10,000,000 MULTIFAMILY
HOUSING REVENUE REFUNDING BONDS FOR THE PURPOSE OF
REFUNDING CERTAIN OUTSTANDING BONDS OF THE AUTHORITY
DESCRIBED AS "$9,000,000 HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY MULTIFAMILY HOUSING REVENUE BONDS
(MEADOWOOD CLUB APARTMENTS) SERIES 1985" (THE
"OUTSTANDING BONDS"). THE OUTSTANDING BONDS WERE USED IN
ACQUIRING, CONSTRUCTING AND EQUIPPING MULTIFAMILY
RESIDENTIAL HOUSING FACILITIES FOR PERSONS OR FAMILIES OF
LOW, MIDDLE OR MODERATE INCOME; AND FURTHER AUTHORIZING
THE EXECUTIONAND DELIVERY OF ANAGREEMENT BY AND BETWEEN
THE AUTHORITY AND JRC CORAL PALMS LIMITED PARTNERSHIP;
PROVIDING AN EFFECTIVE DATE.
W~EREAS, JRC Coral Palms Limited Partnership (the "Company")
has applied to the Housing Finance Authority of Collier County,
Florida (the "Authority"), to issue its multifamily housing revenue
refunding bonds in a principal amount not to exceed $10,000,000
(the "Refunding Bonds") for the purpose of refunding certain
outstanding Bonds of the Authority described as "$9,000,000 Housing
Finance Authority of Collier County Multifamily Housing Revenue
Bonds (Meadowood Club Apartments) Series 1985" (the ~Outstanding
Bonds") which were used in financing the acquisition, construction,
equipping and development of multifamily residential housing
facilities for persons or families of low, middle or moderate
income located in Collier County (the "Project", now known as Coral
Palms Apartments) pursuant to Chapter 159, Part IV, Florida
Statutes, or such other provision or provisions of Florida law as
the Authority may determine advisable (the "Act"); and
W~EREAS, a determination by the Authority to issue the
Refunding Bonds under the Act, if so requested by the Company, in
one or more issues or series not exceeding an aggregate principal
amount of $10,000,000 and to loan the proceeds thereof available
to refund the Outstanding Bonds under a loan agreement or other
financing agreement which will provide that payments thereunder be
at least sufficient to pay the principal of and interest and
redemption premium, if any, on such Refunding Bonds and such other
costs in connection therewith as may be incurred by the Authority,
will assist the Company and promote the purposes provided in the
Act; and
C:~MyFiles\documen6HOFA-MEA DOWOOD~lnducememResolution-Refunding.wpd
WHEREAS, the Company has entered into the Preliminary
Agreement of even date herewith relating to the issuance of the
Refunding Bonds; and
WHEREAS, the Authority held a public hearing on the proposed
issuance of the Refunding Bonds for the purposes herein stated on
the date hereof, which public hearing was conducted in a manner
that provided a reasonable opportunity for persons with differing
views to be heard, both orally and in writing, on both the issuance
of such Refunding Bonds and the location and nature of the Project;
and,
WHEREAS, it is intended that this Resolution shall constitute
official action toward the issuance of the Refunding Bonds within
the meaning of the applicable United States Treasury Regulations.
IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY, FLORIDA, THAT:
1. Approval of the Refunding. The refunding of the
Outstanding Bonds and the financing thereof by the Authority
through the issuance of the Refunding Bonds, pursuant to the Act,
will promote the health and welfare of the citizens of Collier
County and will thereby serve the public purposes of the Act.
2. Execution and Delivery of Preliminary Agreement. The
Chairman or Vice-Chairman of the Authority are hereby authorized
and directed to execute, for and on behalf of the Authority, the
Preliminary Agreement of even date herewith between the Authority
and the Company providing understandings relative to the proposed
issuance of the Refunding Bonds by the Authority in an aggregate
principal amount not to exceed the lesser of (a) $10,000,000, or
(b) the cost of the refunding, as determined by the Authority.
3. Authorization of the Refunding Bonds. There is hereby
authorized to be issued and the Authority hereby determines to
issue the Refunding Bonds, if so requested by the Company and
subject to the conditions set forth in the Preliminary Agreement of
even date herewith, in one or more issues or series in an aggregate
principal amount not to exceed $10,000,000 for the purpose of
refunding the Outstanding Bonds. The Refunding Bonds shall be
designated "Housing Finance Authority of Collier County Multifamily
Housing Revenue Refunding Bonds Series 1999 (Coral Palms
Apartments)" or such similar designation as the Authority may deem
advisable. The rate of interest payable on the Refunding Bonds
C: ~VlyFilesk[ocument~HOFA-MEADOWOOD~lnducementResolution-Refunding.wpd '2-
shall not exceed the rate permitted by law.
4. Recommendation for Approval to Board of County
CoxL-,issioners. The Authority hereby recommends the issuance of the
Refunding Bonds for approval to the Board of County Commissioners
of Collier County (the "Board"). The Authority hereby directs the
Chairman, Vice-Chairman or Issuer's Counsel, either alone or
jointly, at the expense of the Company, to seek approval for the
issuance of the Refunding Bonds by the Board as the applicable
elected representatives of Collier County under and pursuant to the
Act and Section 147(f) of the Internal Revenue Code of 1986, as
amended.
5. General Authorization. The Chairman, the Vice-Chairman,
the Secretary and counsel for the Authority are hereby further
authorized to proceed, upon execution of the Preliminary Agreement,
with the undertakings provided for therein on the part of the
Authority and are further authorized to take such steps and actions
as may be required and necessary in order to cause the Authority to
issue the Refunding Bonds subject to the terms and conditions set
forth in the Preliminary Agreement authorized hereby.
6. Affirmative Action. This resolution is an affirmative
action of the Authority toward the issuance of the Refunding Bonds,
as contemplated in said Preliminary Agreement, in accordance with
the purposes of the laws of the State of Florida and the applicable
United States Treasury Regulations.
7. Approval of Notice of Public Hearing. The form of notice
of public hearing attached hereto as Exhibit "A" is hereby approved
and the publishing thereof ratified by the Authority.
8. Appointment of Counsel. The Authority appoints Nabors,
Giblin and Nickerson, P.A., Tampa, Florida to act as Bond Counsel
to the Authority in connection with the issuance by the Authority
of the Refunding Bonds. The firm of Donald A. Pickworth, P.A.,
Naples, Florida is the duly appointed Issuer's Counsel.
9. Limited Obligations. The Refunding Bonds and the
interest thereon shall not constitute an indebtedness or pledge of
the general credit or taxing power of Collier County, the State of
Florida or any political subdivision or agency thereof but shall be
payable solely from the revenue pledged therefor pursuant to a loan
agreement or other financing agreement entered into by and between
the Authority and the Company prior to or contemporaneously with
C:\MyFiles~documen I\FIOFA-MEA DOWOOD~InducemcntRc. solution-Rcfunding.wpd -3 -
the issuance of the Refunding Bonds.
10. Limited Approval. The approval given herein shall not be
construed as an approval of any necessary zoning applications nor
for any other regulatory permits relating to the Project and the
Authority shall not be construed by reason of its adoption of this
resolution to have waived any right of the County or estopping the
County from asserting any rights or responsibilities it may have in
that regard.
This Resolution shall take effect immediately.
ADOPTED this 7tn day of June, 1999.
(SEAL)
HOUSING FINANCE AUTHORITY OF
COLLIER COUNTY, FLORIDA
By: /s/
Vice Chairman
ATTEST:
/s/
Secretary
-4-
NapLe. DaiLy News
NapLe., FL 3&102
Affidavit of PubLication
NapLes DaiLy News
I
PZCKUORTH, DONALD P.A.
5150 TAHZAN! TRL N #602
NAPLES FL 3&103
REFERENCE: 01078~
57882096 Nottce of PubLtc Ne,
State of FLorida
County of CoLLter
Before the undersigned authority, personaLLy
appeared AngeLs Bryant, who on oath says that she
serves as Assistant Secretary of the NapLes Daily
Ne,as, a daily newspaper published at NapLes, in
CoLLier County, FLorida: that the attached copy
of the advertising was published in said newspaper
on dates Listed.
Affiant further says that the said NapLes DalLy
Ney. is a ne~spaper published at NapLes, in said
CoLLier County, FLorida, and that the said
newspaper has heretofore been continuously
published in said CoLLier County, FLorida, each
day and has been entered as second cLa.s MiL
smiter at the post office in NapLes, in said
CoLLier County, FLorida, for · period of 1 year
next preceding the first publication of the
attached copy of advertise.ant; and affiant
further says that she has neither paid nor
proatsed any per.on, firs or col)oration any
discount, rebate, comMa.ion or refund for the
purpose of securing this advertise.ant for
publication in the said ne~spaper.
PUBLZSHED ON:
~sett
SHOULD ~
ANY DECISION
RESPECT
THE
SUCH PERSON
VERBATIM
OF
'.OEc~OE .TO
AUTHORITY ~ WITH
CONSIDERED AT. SUCH
RECORD OF
BASED.
In occorClOnce wflh the Americans wflh DiSabilities
AD SPACE: 136.000 !NCH i .A.~, . .Pe~... -ne~lngospoc~.alaccommOdatlonto -Par'
F !LED Off' 05'2&'99 1 ~ctpme tn mis I~arlng should contact Donald A. Pick-
· / ! / worth, General Counsil, at (941! 263-~060 no later tt~n
.............................................. -~-+ ........
/ / ~-~' ,~ ! ). / Thls.m~lce Is given pursuant to Sectlon.14?(f)'of'
Signature of Affiant ~' "I~'~/ ..... ~
S~torn '0 and Sub.ct,bed before ~,his ~day of
]oyce E. Blazier
MY COMMISSION # CCIO2S2! EXPIRES
April 10, 2002
June 8, 1999
Item #16J2
BUDGET AMENDMENT TO PAY FOR MINOR RECONFIGURATION OF THE OFFICE SPACE
ALLOCATED TO THE OFFICE OF THE COUNTY ATTORNEY - IN THE AMOUNT OF
$17,000
Item #16K1
BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL GRANT OF $40,000 AND
INCREASING THE IMMOKALEE REGIONAL AIRPORT OBSTRUCTION REMOVAL PROJECT
BUDGET BY $50,000
Item #17A
RESOLUTION 99-261, RE PETITION V-99-03, LESLIE E. HOWARD OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT REQUESTING A 22 FOOT VARIANCE TO
REDUCE THE REQUIRED 25 FOOT FRONT YARD SETBACK TO 3 FEET AND A 7 FOOT
VARIANCE TO REDUCE THE REQUIRED 10 FOOT SIDE YARD SETBACK TO 3 FEET
FOR THE BIG CYPRESS BASIN ADMINISTRATION BUILDING LOCATED AT 6089
JANES LANE IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA
Page 80
RESOLUTION NO. 99- 26 ~
RELATING TO PETITION NUMBER V-99-03,
FOR A VARIANCE 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 variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public heating after notice as in said regulations made and
provided, and has- considered the advisability of a 22-foot variance from the required front yard
setback of 50 feet, less an already approved variance of 25 feet, to 3 feet and a 7 foot variance
from the required side yard setback of 10 feet to 3 feet as shown on the attached plot plan,
Exhibit "A", in an 'T' Industrial Zoning District 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 Section 2.7.5 of the
Zoning Regulations of said 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 V-99-03 filed by Leslie E. Howard, representing South Florida Water
Management District, with respect to the property hereinafter described as:
Exhibit "B"
be and thc same hereby is approved for a 22-foot variance from thc required front yard setback of
50 feet, less an already approved variance of 25 feet, to 22 feet and a 7-foot variance from the
required side yard setback of 10 feet to 3 feet as shown on the attached plot plan, Exhibit "A", of
the "I" Industrial Zoning District wherein said property is located, subject to the following
conditions:
No additional structure(s) shall be permitted within the established 25-foot
front setback as depicted in Exhibit "A".
The pre-cast generator shed will be screened with maximum landscaping
material and screening as approved by the Collier County Planning Services
Department.
BE IT RESOLVED that this Resolution relating to Petition Number V-99-03 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~9'~5X~ day of ~ , 1999.
ATTEST: ':
.' DWIGHT E. BRO~, Clerk
as ,t°.,'chit 's
slonat
~b~rovea ~ to eom ~a Legal Sufficiency:
BOARD OF ZONING APPEALS
COLLI _, _~~//~DA
"~I~A S. M)~t~,
Marjo~[ M. Student
Assistant County Attorney
f/V-99-03 RESOLUTION
6~tit, 8 0 N Iii' 2
PROPERTY LINE
30.0'
PROPOSED
GENERATOR LOCATION
PLAN
DECEMBER 29, 1998
SITE LOCATION:
6089 JANES LANE
NAPLES, FLA. 54109
GENERATOR TO BE HOUSED
IN A 10'X 10' PRE-CAST
"CON-VAULT" STRUCTURE
4O
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Item #17B - Moved to Item #12B1
Item #17C - Moved to Item #12B3
Item #17D - Moved to Item #12B2
Item #17E - Moved to Item #12B4
WORKSHOP REGARDING SALES TAX REFERENDUM
June 8, 1999
ACTING CHAIRPERSON CONSTANTINE: Let's call to order the June
8th, 1999 workshop on the Collier County Government Space Plan.
As we do, I just want to report briefly, I just spoke with some
of our team who was in Tallahassee, and actually have a pretty good
report. They have at least verbally agreed to bifurcate the issues of
rural fringe and rural, which is what we wanted to do, not tie the two
of those together, and look at the rural -- COMMISSIONER BERRY: Split.
ACTING CHAIRPERSON CONSTANTINE: Bifurcate. I remember when Mike
Volpe used to use that weekly here. COMMISSIONER BERRY: That's a nice word.
ACTING CHAIRPERSON CONSTANTINE: Thank you.
And give us about 90 days from this point to deal with the rural
fringe, which is what we had asked for initially anyway. And then the
three-year window to look at the rural area and -- COMMISSIONER BERRY: Ag.
ACTING CHAIRPERSON CONSTANTINE: The ag. area. Thank you, that's
much easier.
And with the voluntary moratorium, if we want to call it that,
from those property owners out there. So that was pretty good news.
It looks like we may get those two issues split and pretty much on
line with what we had asked for initially anyway.
With that in mind, let's move on to our thing. I see we have at
least two constitutional officers here looking very excited in the
back of the room. Welcome. I'm only sorry the cameras can't reach
that far back.
Oh, my goodness. Is there somebody minding the store back at the
white house in case something happens here? It's like a State of the
Union address.
MR. McNEES: Commissioners, just by way of very brief
introduction, you received last November a report that was a result of
a fairly extensive study that mapped out a 20-year plan for the
development of this complex and for the development of your space
needs. And I think at that time you kind of received the report and
took the book and said it's time for lunch, thank you very much. And
we went on and we really didn't discuss it much at that time.
Subsequently, when we talked to you about the potential for a
sales tax referendum and some of the details of the plan fell out on
the table, and you began to see some of the specifics of that plan,
you had a lot of questions and weren't quite sure where all these
numbers were coming from. We thought it would be a good idea to
develop a workshop for you, to get into the meat of that a little bit,
make you understand where all of that came from, give you an
opportunity to ask your questions.
Page 81
June 8, 1999
And with that, I'll turn things over to Skip Camp, who's going to
introduce the consultants. And they have a relatively brief
presentation, and then I'm sure they're going to -- they'll answer all
of your questions.
ACTING CHAIRPERSON CONSTANTINE: Let's do our best to let Mr.
Camp and the consultants get completely through their presentation,
and if you have questions, just kind of jot them down and we'll ask
those when they conclude. Skip?
MR. CAMP: Good morning. It's still morning. Thank you,
Commissioners. For the record, I'm Skip Camp, your facilities
management director.
In 1991, the Correctional Services Group, Inc. completed the
original Collier County Correctional Strategic Development Plan.
In February of 1997, on the recommendation of your productivity
committee, the board commissioned the V Group to update that plan.
The plan was updated and accepted by the board on January 13th, 1998.
Additionally, the board also, on the recommendation of the
productivity committee, contracted with the Spillis Candela Group to
study and make recommendations for a master plan of the main
government complex and development services facility. This morning's
presentation combines the two studies. Last fall this combined plan
was presented and favorably received by your'productivity committee.
The Spillis Candela Group is comprised of a number of experts in their
respective fields.
This morning we have Don Dwor, executive vice president of
Spillis Candela, and Dan Wiley of Wiley and Associates. Don Dwor will
lead off with an introduction of the team and our blueprint for the
future.
Don?
MR. DWOR: Commissioners, good morning. As Skip said, my name is
Don Dwor. I'm an architect with Spillis Candela & Partners, executive
vice president, headquartered in Coral Gables.
I'd like to describe to you our team, if we can go to the first
slide. I assume you have it on your monitors. Spillis Candela &
Partners is a full service architectural engineering and interior
design firm, planning firm, headquartered in Coral Gables.
Approximately 250 people. I am one of 15 partners in that firm. Been
in business since 1926, and have a long history in working with
various governmental and justice facilities, clients, not only
throughout the State of Florida but throughout the United States of
America.
To undertake a project like this, though, you have to add
specialized consultants to that team, because as big as we are, we do
not have all specialized people in-house. And a gentleman that I've
worked with for many years as a specialist in government and
especially judicial facilities, Dan Wiley and Associates,
headquartered in North Palm Beach, Florida. Dan is here with us today
and together the two of us will make this presentation. I've known
and worked with Dan for many years, and of the 15 or so in the United
States, I can categorically tell you, as an architect sees it, and a
person who needs good projections and a good program to design a
project, there is none better than Dan Wiley.
But Dan is a specialist in courts, in justice facilities. So he
brought along Dan Smith and Associates, which is another planning
group, headquartered in Sacramento with offices up in the Washington
Page 82
June 8, 1999
area, because they are specialists more in government facilities. And
we differentiate the two, the government facility from the justice
facility, because the justice facility is probably a more specialized
kind of building.
We added to that David Plumber and Associates, again,
headquartered in Coral Gables with offices in Fort Myers. They're a
traffic engineering firm. And we knew in accordance to the RFP that
we replied to that traffic is an issue and that the Department of
Transportation, State of Florida, prior to any more construction on
this site is going to require a DRI and a traffic study as a very
critical component of that DRI.
So we had them on our team, and they have contributed a report to
the two books that you've received that talks about the traffic
engineering on-site and off-site, and what needs to be done to take
this master plan into the future.
Another part of the master plan was to look at phases of
construction over roughly a 15-year period. And since we started this
in '97, it actually went out the year 2012. We added an additional
phase, which took to it 2017. So there's four increments of five
years, which we'll try to run you through°
And what I've done is in addition to it being on your monitors,
the existing plan of this site is on the left, Phase I. Phase II.
And on my right Phase III, and Phase IV. And I'll try to point out
things with my little pointer as we go along the way.
So Hanscomb was there to add the estimating arm to our team.
Because in addition to designing and indicating in a drawn form what
all these facilities needed to be, we wanted to estimate that so that
you all could see the amount of money that's going to be required, if
in fact all of this is carried out in those periods of time. So
Hanscomb was on the team.
Master plan main objectives. One of the main things and a
time-consuming thing is we analyzed all the existing facilities, not
only on this campus but we went up to the development center, we were
out in Immokalee, we were down in Marco Island. We looked at just
about all of your facilities, other than branch libraries, fire
stations, et cetera, specifically concentrating on this site, because
that's what the RFP asks for.
So we analyze all of those facilities. Not only from a spatial
point of view, which Dan will talk about, but from a structural point
of view, a building point of view. And I personally, along with my
engineers, structural, mechanical, electrical, civil, went through
every one of those buildings and wrote a report about what we felt the
quality of that building was and rated those buildings. And that is
also, I believe, in Volume II of your report. I think there's some 18
buildings that we looked at and gave an architectural engineering
point of view, at least as we saw it.
Construct a space plan for current needs, and for 5, 10, and 15
years. To do that, as Skip said, we incorporated the plan that the V
Group had previously done and completed. So the master plan that we
drew and presented, the master site plan for this site, incorporates
the work that the V Group did in and around the jail with its
additions and renovation. So that is incorporated.
And as I said, our Phase I plan is the first five years, phase II
is the second, consecutively going out.
Parking. Parking and pedestrian circulation on this site were
major considerations that we looked at. Because we have been here
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June 8, 1999
many times, and I don't think we've ever been here when there weren't
conflicts in moving cars that we saw, so obviously vehicular
circulation and pedestrian circulation, we felt it was paramount that
we design a concept for this site that could be incrementally pursued
over the next 12, 15 years, and eventually wind up in a very coherent
government plan that incorporated all the facilities needed and put an
estimate on those facilities in the years that we saw them.
We established the criteria from what needed to happen first and
went out through that period of time to try to organize it so it was a
doable master plan. They are all phased. No government can afford to
just go ahead and do it all at once, so it needed to be phased.
I think another critical element is that the government that
exists on this site needs to stay in operation while this is all
taking place. And it is a massive amount of construction. When you
design a concept that says, you know, put in a new boulevard, build
parking garages, renovate and tear down and build new buildings. So
to keep operational, the plan also has to work. So in each phase,
that's a major part of what we tried to do.
As I said, we -- working with Dan, the square footage, working
with each department, each group, each constitutional officer, and Dan
will go through that to try to project what we call needs, not wants.
I think that's critical.
It's very easy to sit with any group and hear, you know, what
they'd really love to have, but government has just so much money. So
needs, not wants was always in the back of our mind, as it is with
every governmental client. And also to furnish the pertinent
information for a future DRI so that construction can take place on
this campus.
I think with that I'd like to turn it over to Dan to walk you
through the methodology and how he came up with his projections that
allowed to us do these conceptual plans. Dan?
MR. WILEY: Thank you, Don, Mr. Chairman, members of the
commission. My name is Dan Wiley for the record. I appreciate very
much the opportunity to be here today and to discuss this plan with
you. This very important plan, I might note. And I wanted to comment
you for the farsighted approach that the board has taken here in
trying to develop a strategic approach to these issues.
You face the growth issues here every day, and it's not easy to
do so, and it's not easy in terms of government services, in terms of
government facilities. But having a plan is so important, and being
able to develop a systematic cost-effective approach to it makes a lot
of difference, and I think prevents what frequently happens in
government facility situations, which is you develop sort of crisis
responses that may in the final analysis turn out to be less cost
effective and less efficient in terms of operations than the sort of
long-term strategic plan that we're talking about here. So I want to
commend you on this approach and talk just a moment or two about our
methodology and some of the fundamental conclusions.
Our process is relatively simply explained. It is a process that
is commonly used in projects of this sort by architectural and
planning firms around the country, and it moves in careful analytical
steps from the development of initial projections, then through the
final space requirements analysis.
I think it's first important to notice some of the elements
related to data collection. We begin with population growth estimates
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June 8, 1999
that are provided by the county, whatever the county's particular
reference point is, either the University of Florida projections or
its own planning department, build upon that estimates of workload or
demand for services, as best we possibly can. In the court's case,
it's a caseload. There are different workload characteristics that we
can use.
And then from the workload projections, we develop staff
projections based on either workload indicators or historical growth
indicators or relationship to population indicators, whatever seems to
be the correct methodology. And then translate that projection of
future staff into space projections, based upon some fairly common
planning averages and space per square footage per person. And added
to that some specific needs that can be identified from meeting with
the various agencies. So there's this first data collection and data
developmental element.
Secondly then we evaluate the existing buildings, in light of the
projected need, saying well, here's what we have and how does that
match up or that fit with the needs that have been developed, both
needs as they stand today and the needs as they appear to be
developing in the future.
And then from that comes a short of a delta, a difference. And
we try to figure out ways in which we might possibly provide for that
additional space need, keeping in mind always some of the critical
functional elements and things that need to stay together and be in
close proximity to one another.
So the plans that you're going to see here in a few moments are
an evolution from the projection data and evolution from the analysis
of existing buildings and to some extent an operational evaluation
that says how can this system best fit together and how can these
pieces best interrelate with one another.
You should know that throughout this process we have made
reference to and have used the existing Collier County office space
standards where they -- well, in fact we've used them on a consistent
basis, but there are some areas of this project where your space
standards did not address particularly in the judicial field. And in
that case, we have used nationally recognized judicial system space
standards that have been commonly used throughout the State of Florida
and across the country in projecting judicial system space.
Let me move quickly to some of the key findings. Collier County
has experienced one of the fastest rates of residential growth in the
entire country. This is no surprise to you. The data that we have
suggests that from 1980 to 1996 you grew 124 percent. That's about
107,000 people, if the numbers I have are correct. In the projection
from '96 to 2012 is another 68 percent growth. That adds 132,000 more
residents to the county. So the amount of growth projected for the
period out to 2012 is actually greater as a real number than the
growth that you have experienced since 1980. The expected population
in 2012 is about 325,000 people.
One of the things that we found in our studies across the country
is that very frequently in a high growth area, court caseloads tend to
extend more rapidly than population. This turns out to be
particularly true in your circuit court where between '86 and '96
where the population grew 58 percent, circuit court filings were up 75
percent.
And so the projections that we have developed that are in the
back of Volume I predict the continuation of these sorts of trends and
Page 85
June 8, 1999
an overall growth in the judicial system. In the circuit court
filings, a growth of about 75 percent. In county court filings -- I'm
sorry, a growth of about 83 percent. And in county court filings,
about another 36 percent by 2012. Growth from nine judges at the
present, nine resident judges, to about 14 or 15.
We've checked with some of the other counties that are already at
the size that Collier County is projected to be, and they have a range
of judges right in that same area. Seminole County has 14 judges on a
population of just over 330,000.
So we think that the projections meet the test of reality here,
at least in the same sort of judicial system environment and are
likely to be reflective of the needs that will actually occur.
Our finding is that -- there are needs, of course, across the
board. Everybody's got needs. To -- our reading is that the judicial
system and the Sheriff's office have some of the most compelling
immediate space needs.
In terms of branch judicial facilities, other than Immokalee, we
are not recommending them at this time. We believe there's a great
operational and cost advantage to maintaining the centralization that
you have right now, particularly in the management of juries, in the
management of prisoners. And I think that perhaps there may come some
point in time when branches might be advisable for elements of the
judiciary, but it should be probably beyond 2012, at some later time.
In terms of the other constitutional officers and services, some
limited satellite centers are certainly a good idea. The main campus
concept, though, here is working very well. It seems to be working
well to us. It's certainly clear. And from the standpoint of public
identification of where services occur and are delivered, it certainly
makes it wonderfully clear and simple. You know exactly where you
have to come.
We do not suggest returning developmental services to the main
government complex, for reasons that will be obvious to you as we
begin to see some of the development suggestions that Don will
iljustrate in a moment or two. We believe that there is some
opportunity for cafeteria style food service in conjunction with the
proposed administrative center.
And probably the sort of underlying finding of all of this is the
recognition that meeting these needs is really a long-term process.
It's not the kind of thing that you can sort of wave the magic wand at
in one fell swoop and it's gone. It really is a matter of consistent
attention over a long period of time. And it's for that reason that
we've developed the phasing options that Don is going to describe, and
that are such a key element, I think, in the implementation of this
entire plan. Don?
MR. DWOR: What I'd like to go through right now is the phasing
and sort of point out to you phase by phase the projects that we see.
And as Dan said, they've been prioritized, so the ones that we feel
are the most needed are going to be in Phase I, and Phase II, et
cetera, going out. And I'll use my pointer. I hope you all can see
these five. They're much larger than on the screen, so it's easier for
me working.
The existing site sits here, and you see all the buildings are in
light grey. The retention areas are blue. As we go through these, in
each phase the darkened in areas, the darker grays or brownish, are
the facilities that we see being built in that phase, that five-year
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June 8, 1999
period. And it's certainly up to the county to even phase within that
phase. But those are the ones that we identified. And then going out
in Phase II, and, of course, over here in Phase III and IV.
Phase I is what gets it going. And there are critical needs in
Phase I. And on the list -- and I'll go back and forth between the
list and the drawing. The new Immokalee jail really kicks it off.
That allows the sheriff to do some things on this site that are
critical. But that is the first. The new Naples jail addition, shown
in this location, which add beds and more needed support space.
Renovation of the existing jail, which sits right in this location.
Sheriff's operations space and administrative space, that sits here
and here. And one of the -- the critical items is that operation
space, which is now housed in Building A, which we are suggesting be
demolished finally, is down on the list to take place. Finish out the
fourth floor.
In the courtroom of the courthouse, the existing courthouse to
provide more courts and judicial space. Minor changes in the
courthouse as well. Then build a new courthouse annex in the space
that has been vacated by the tearing down of Building A, which will
give a courthouse, which really has two pieces, it will have the
courtroom block and the vertical circulation elements that it takes to
move prisoners and judges and the public safely in it. And it will
have what we believe is the annex, which will house the administrative
functions, the public defender, clerk of courts, state attorney, court
administration. So you'll have two pieces that will be that one
courthouse. We were even suggesting that somehow we cover that area
in between and eliminate that fancy curved wall that seems to be a
problem. So that is part of Phase I. And then there are other minor
facilities on there that we talked about in Phase I.
In addition, in Phase I we are saying that this is the beginning
of the pedestrian and the vehicular circulation of trying to
straighten it out on this campus. And we're suggesting that a major
boulevard be built with 28-foot wide lanes and a 15-foot wide
landscape area, right through the campus. It's going to be
incremental. It's going to be major.
And then off of that we start to build parking garages. In this
phase the first garage occurs here with a little vertical element,
because in future phases the pedestrians will be able to move from
that garage with this vertical element across the street, avoiding
traffic, and then move vertically on the other side of the street as
we go to Phase II. You'll see the pedestrian mall start to happen.
Also, in Phase I we expand the chiller plant. Initially we have
to add chillers to the existing to get them into the loop, and that
occurs at this phase because we're adding a lot of building square
foot with the additions to the jail, the jail addition, the
administrative space, the addition to the courthouse. We bring a lot
more square footage on line than exists today. Roughly there's 535 to
540,000 square foot of habitable space on this site today. Through
these master plans, we're going to take that number over a million
square foot. But you're starting with a big basis square foot, 535 to
40,000. And this phase adds a lot of square foot when you consider
all those facilities that are going to be built.
Also, we need to extend retention, so there is some construction
with retention. And obviously utilities are going to take a hit, too.
They have to be relocated, added, et cetera. Especially when we build
that boulevard. Because an awful lot of feeds on your looping system
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June 8, 1999
will cross that boulevard. So it is a major construction effort
that's got to be planned carefully, and through incremental
construction, keep you operational through that entire period of time.
The cost for Phase I. We were conservative in our costing. We
asked our cost estimators to look at each phase as if it was being
built in the fifth year of that phase. Not knowing exactly when some
projects would start and when it would finish, we took the approach
that the most conservative and reasonable would be to estimate all the
projects as if they were occurring in the fifth year of each phase.
And if they occur sooner and monies are saved, that's a plus. But we
took the approach to be as conservative aR possible.
You can see in the cost of Phase I, it comes close to 90 million
dollars needs to be spent over that five-year period of time, divided
in those major -- five major areas, and then the graph just depicts
the percentages.
MR. WILEY: And this -- it should be clear, of course, from
looking at this that this is one of the key areas in which the results
of the V Group study and the results of our study are integrated
together into a cohesive integrated plan. MR. DWOR: Correct.
Phase II, on the immediate right over there, we do some moves
within the building, because we -- now we've got that new courthouse
addition on line. And even though we've built it in the first phase,
there's probably going to be some swing space available to move some
other agencies or some other groups in until they need all that space
to fill up. So we had to create some swing space to make some of
these phases happen.
We're going to demolish the elections building, which sits in
this corner. It's a one-story building, and eventually through our
master planning we're getting rid of all the one-story buildings. We
just don't think that that's an appropriate way to use land. Land is
so valuable, we can't afford anymore to have one-story buildings, so
phase by phase we'll eliminate them. The first one to go is the
elections. They would move temporarily into the courthouse addition,
which is now in that location.
And the two major construction projects that happen in this
phase, the county administration building would be in this location.
It's a four-story building, a little over 100,000 square foot, with
food service. We're going to build Garage 2 in this location. And
we're going to start the pedestrian mall, which I am indicating right
there, which will link garage to garage, the vertical elements which
allow people to cross the street without having to deal with traffic
and take vertical circulation elements down to grade, and we're going
to create this pedestrian mall.
It is more extensive than what you have today. But I think one
of the nice elements on this site today is that you've got a
pedestrian mall, even though it's outside. I mean, when I came into
the building today, you're under cover, and I think that's obviously a
plus during inclement weather and certainly a plus during some of the
hotter months of the year. So this is the beginning of starting that
pedestrian mall. That is Phase II.
There are other smaller pieces that happen. We add a little
piece on to the warehouse, we demolish the snack bar, because now
we've got a food service facility. That new parking deck is over
1,100 spaces, and the pedestrian mall has started to move.
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June 8, 1999
In addition, the landscaping and the boulevard is starting to get
to its finished state, and we're adding some landscaping in here and
providing a service drive on the back side of these buildings. The
existing building that we're in, a future building, and then the
administrative building, so we can service those buildings from the
back side and not use the front side or the boulevard side to do that
which we think is very important.
Costs for Phase II are somewhere in the close to 37 million
range. And again, this goes out to the fifth year of that period. So
it's from five to 10 years out. And you can see those costs.
Certainly the major items are the big parking garage and the county
administration building.
In Phase III, on my right over here, what we're going to do is
renovate this building that we're in. Major renovations. Roughly
80,000 square feet in this building, eight floors, 10,000 footprints.
Is it 10 floors or eight?
MR. WILEY: Eight floors.
MR. DWOR: Eight floors, 10,000 footprints?
So we're suggesting not only a major renovation of this building,
but building on a new elevator, public lobby, on the in-board side to
connect with this pedestrian mall, because we all know how inadequate
the toilet facilities, the public toilet facilities, the elevators,
and the lobby -- actually, it's one of the few buildings I know
without a lobby. So we're going to add on to that 80,000, roughly
16,000, it's about 2,000 a floor, and build a new public lobby.
And this building will be turned over to the constitutionals, the
tax collector, property appraiser and supervisor of elections, which
will eventually fill this entire building up.
Also, in this phase, we complete the pedestrian mall, as I'm
indicating in here. So now we connect Garage 1 to Garage 2 with this
pedestrian mall. The admin, building's on line. We fixed this
building. The courthouse is operational.
We do need to put an increment on the energy center, so we'll do
that. And in some cases, we actually just change out the big
chillers. I think you've got two 500 and a 450 on line today. We're
just going to change out two of those chillers so we don't have to
build more building, we just change out the equipment to add two more
750-ton chillers, replacing two five's, so we get added capacity that
way.
Also, in this phase we build Garage 3 because in this phase we
add the three stories onto the health building, which is designed to
go three stories more. It's three stories now, 75,000. We can add
another 75,000 square feet, with three additional floors. But at that
time we need to add a garage to support it.
So when this phase is completed, up to 15 years out now, going to
the year 2012, that is what the picture will look like. We add some
retainage also in that phase.
We went further, Phase IV in the plan. We're showing an
additional office building in this location, four stories, to be
similar to the building for the administration. I'm not too sure
what's going in there, but in this master plan, that building could
happen down the road and tie into the mall.
And there's also another building site over here that we're
saying could be used down the road. Those two buildings each are
about 110, 112,000 square foot. Not knowing exactly what the use will
be. But we took it out, this additional step, and estimated it so that
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June 8, 1999
there would be even future growth beyond what Dan has now projected in
his numbers.
That would take your master plan out to year 2017. And we hope
that it's a reasonably incremental cost effective, efficient way to go
and keep you operational.
MR. WILEY: One of the things I think is important to recognize
about the cost numbers related to you here is that they include not
only construction costs, but project costs as well. It's the other
costs that you have to accumulate as well as just construction. We're
not saying that these individual building projects cost that much
individually to build.
MR. DWOR: Yeah, that was included.
The last two shots are of prospectives coming off our computers
and what it might look like up close and far away when all of this is
completed.
ACTING CHAIRPERSON CONSTANTINE: Questions for the consultants?
COMMISSIONER NORRIS: Where are we going to get the money?
COMMISSIONER CARTER: Well, I think, Commissioner Norris, that's
always a question. And I like 20-year plans. I also am a realist
that says that the first five years is probably what you're going to
get your arms around, because you know up front pretty close where you
are. And then as this evolves, you look and see do the numbers
continue to coincide; in other words, do -- are our growth numbers are
still there, do we make adjustments as we go? And it's a constant
reviewing of the process.
So I guess I would look for funding at least out for 10 years,
whatever we do in a revenue package. Somewhere between the five and
10 years, we've got to put the funding together and then continue to
evaluate as we go. So that's my first look at this. Then asking
within the first five and 10 years, is it back to needs versus wants?
Do we have a needs list here, or is there some wanting in here that
we need to pull out? And I'm not ready to judge that at this point,
but that's my initial comments.
ACTING CHAIRPERSON CONSTANTINE: I had a couple of concerns. And
one was using the methodology or the numbers we came up with,
projections for future staff and projections for future population,
particularly the population. And the reason being, I understand what
you're doing there and how you arrived at that. We're in the midst
with our density reductions of altering that dramatically.
And if we follow through on what we've laid out in our three-year
plan that calls for a population in 2020 of somewhere between 320 and
345,000 people, which would indicate we probably won't be at 325,
which is great news on the funding side. We probably won't be at 325
in 2012. That buys us an extra eight or ten years. And I hope that's
a problem we have.
With that in mind --
MR. WILEY: I hope it is, too.
ACTING CHAIRPERSON CONSTANTINE: -- we may be able to deal with
some of the funding where we end up in that 10-year plan.
In Phase I there are a couple of different parts. We had
expressed concerns about when we talked about this just conceptually a
few weeks ago, and that was the courthouse -- the necessity of the
courthouse annex building, which is a 20 million dollar building. If
there is not the necessity for that full building, then the parking
deck for 8 million becomes a questionable necessity. And then we had
things into Phase II, but I wanted to touch on those first two.
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June 8, 1999
Some of that deals with projections of future staff, and I'm not
as familiar with the constitutional officers' staffing as ours. But
1992 to now our staff numbers have grown by roughly 110 people out of
-- from a 1,030 to 1,130 or .something like that, but roughly 100 to
110 people. And so I look -- that's in seven or eight years.
And I look out seven or eight years, and if that's the same
number or close to it in that time frame, and you spread that
throughout EMS, which is where a big chunk of that growth comes, and
they're not going to be sitting in offices on Horseshoe Drive in that
development, which you've suggested Community Development should not
become part of this campus, then I start wondering what the necessity
for either the courthouse annex building, or as we get into Phase II,
the BCC tower, or what I'm referring from this point forward as the
Volpe Tower, for 20 million, I wonder if it eases off on the necessity
for both of those, if we're really only looking at system-wide an
additional from BCC employees 100 or 110 in the upcoming 10 years as
well.
MR. DWOR: I think you're probably the more appropriate one to
answer it.
MR. WILEY: Commissioner, could I ask you to state the question
one more time? I thought you were heading in a direction and I was
preparing myself to answer where I thought you were going, and you
didn't end up there. I'm sorry.
ACTING CHAIRPERSON CONSTANTINE: Nutshell, courthouse annex
building and the BCC or the Volpe Tower, the necessity for those, if
the numbers of projections of staff are based on what I'm looking at,
what's been the growth associated with our population growth over the
last eight or 10 years is the same the next eight or 10 years, the
ratio -- I don't mean the exact numbers, but the ratio -- it appears
those two may not be necessary as soon as they appear in this plan.
MR. WILEY: Okay, about three observations here. The first is
that is Building J, which is the building where the courthouse annex
would go, has really, really reached the end of its useful life. It
really needs to come out of there.
MR. DWOR: Building A, Dan.
MR. WILEY: Building A, I'm sorry.
ACTING CHAIRPERSON CONSTANTINE: A lot of eyebrows went up there
all of a sudden.
MR. WILEY: Yeah, I'm sorry, Building A.
And that is the perfect place to put any annex that you might
require for the court.
There are a couple of important shortages already existing.
There's a need to fill in additional courtrooms, and there's some
fairly severe shortages on this side of the clerk of courts. There's
some existing shortfalls there that have to be made up, and there is a
great deal of growth.
And one of the things I would remind you here is that with
respect at least to the court part of this, court caseload is growing
even faster than population growth. And so just the simple
extrapolation off of the present rate of population growth doesn't
really play there. And you have to think of it in a little more
accelerated terms.
So I really think that there's plenty of growth on the court side
to justify the court annex.
And part of what we were trying to achieve there of course in
sizing the building was to create the swing space that allows us to
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June 8, 1999
move the other things around. You know, you always have to have some
vacant space to be able to do the shuffle and take pieces out. And so
that building is sized really to create the swing space that allows us
to tear down the property -- I mean the supervisor of elections place
and do that.
Now, I'm not, I'm sorry to say, quite as familiar with the
specific board needs. I can review those numbers and answer the
question more specifically later. And I'd be happy to do that. Most
of that work was done by my colleagues at Dan Smith.
ACTING CHAIRPERSON CONSTANTINE: As our population has grown --
and maybe the clerk may need to assist you with this, but as our
population has grown and the demands on the court system has grown,
how have the number of judges and so on grown with that? Because I
know what our desires are haven't always been met over there.
And I'm wondering, when we project that we may have 14 judges or
14 operating courtrooms, that might be optimum, although we don't seem
to get them as rapidly as we might like here.
MR. WILEY: Sure. Well, as you may know, the process of getting
judges is fairly complicated.
ACTING CHAIRPERSON CONSTANTINE: And where I'm headed with that
is I just don't want to build it and then have it vacant or build the
new courtrooms and not have the judges to fill them.
MR. WILEY: Yeah, I think -- I think there's always a little room
for maneuver on judgeship projections. I mean, I do this for a living
and I'm fairly confident -- I'm quite confident that I've got the
number about right. There are always things that can complicate that,
slow it down, increase it. Sometimes they occur a little earlier,
sometimes a little later than you would like because of the
complications of the political process of getting new judgeships.
I would say that what I call the Dwor Rule seems to be holding up
here. Don has noticed over the years here in the State of Florida
that you tend to have about one judge for every 25,000 population.
Regardless of anything else is more or less where it works out.
You're right on the money with that. And it plays out elsewhere
in the state as well. And that number would put you at about 14. And
we've protected 14 or 15 is actually on the cusp.
There's one other factor that may play into this that's presently
in progress, and that is that the state is reviewing the formula for
the allocation of judgeships. There's presently a formula of about
1,865 cases per judge for circuit court, and 6,114 cases per county
judge, exclusive of traffic infractions. That is the formula that
says you've got to have at least that many and then you can talk about
getting another judge.
Well, there's a new process being set up, a new study being gone
through, that is likely to decrease that particular allocation formula
and lead the state to a higher rate of judicial allocation than is
presently the case. And so we're a little bit concerned that that may
have an effect.
There's another factor here, and that is the recent passage of
the state law requiring or setting more mandatory sentences in certain
kinds of cases, the life sentences, and may force up the rate of jury
trials. And one of the things that we know from courts all across the
country is that when you increase the rate of jury trials, you
decrease the overall capacity of the court to move its caseload and
consequently you've increased the number of judges necessary to handle
the caseload. And so I believe that there are at this moment some very
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June 8, 1999
strong signs that the number will be at least what we say it's going
to be, and could potentially be even higher.
ACTING CHAIRPERSON CONSTANTINE: The -- and -.-
MR. DWOR: Commissioner?
ACTING CHAIRPERSON CONSTANTINE: Let me just make one comment and
that is on your general rule of 1 per 25, that 13 or 14 is assuming
the population of 325 in 20127
MR. WILEY: Yes, sir, it is. And those are numbers we got from
you. We don't do population forecasts. We get those from whatever
the local jurisdiction is and use them as a basis.
ACTING CHAIRPERSON CONSTANTINE: I understand.
MR. WILEY: If it's pushed off a little further, good news --
ACTING CHAIRPERSON CONSTANTINE: Everybody's happy.
MR. WILEY: -- push it off. Yes.
MR. DWOR: I mean, we tried very hard to quantify what goes in
Phase I and what goes in Phase II. Obviously, you know, there's a lot
of questions that could be asked. Why did you put it in the fifth
year of Phase I versus the first year of Phase II? But I think in any
of these construction projects that we've indicated, and you have done
it on this campus with this building, the need, if it's not there at
that time and the programming for these facilities will have to take
place for each.
If there is not that need at that time, you could, instead of
building an eight-story addition, build a four. It's certainly much
more expensive to put the second floor on later on than doing it at
that time. But there's nothing stopping from phasing projects within
these phases.
It's a little too difficult for us to predict at this time that
that would happen, because we're working off a lot of projected
numbers, and we're trying to make a lot of moves work that will keep
you operational and not really just bogged down, the seat of
government in this entire county as it grows.
ACTING CHAIRPERSON CONSTANTINE: Two more questions. One is, I
don't think anybody disputes that the Sheriff is running out of space
over there for administration and operations. My question is, it's
over 15 million dollars' worth of space, and I think I mentioned for
admin, and operations. I think I'd mentioned to some of our staff,
just the cost per square foot on that seems pretty high. I understand
in the jail portion that you're going to have a different number, but
in the administrative section, how do we end up with such a high
number there?
MR. DWOR: The per square foot is what you're saying, to build?
ACTING CHAIRPERSON CONSTANTINE: Yeah.
MR. DWOR: In each case, Commissioner, there's really four
projects that occur over in this area of the world. There is the
beef-out of what I call the jail administration now, in that location.
Sheriff's operations occurs in this location. And the new jail and
its support services in that location.
In each case construction costs more than normal, just because of
the fact we're adding to an existing facility and it's very difficult
construction. We have to keep that entire facility in operation when
we put this addition on, then that addition, and then probably that
addition. And if it happens in phases, it's leaping from one place to
two places to three. It just complicates it. It takes the price up.
We're conservative with that number. That was our best guess.
And actually, the county has jumped in the first year and started
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June 8, 1999
these projects going. We projected them not happening till the fifth
year. So we are conservative and taking it out to the fifth year, and
we have tough construction, trying to build around. In addition to
keeping everything operational around this jail at one time, we've got
to make sure the little darlings don't get out. So it's expensive
construction.
ACTING CHAIRPERSON CONSTANTINE: And it does -- and I understand
the jail portion of it, but 165 bucks a square foot is pretty pricey.
Hopefully by doing that four years early and by some general
cost-cutting measures, even if that's just 10 bucks a foot cheaper,
that's almost a million bucks, so -- MR. DWOR: Oh, sure.
ACTING CHAIRPERSON CONSTANTINE: -- I just -- that seems like as
we figure out what the shortfall is long-term over these, there are
any number of questions we have. But it seems like that -- those per
square foot costs were high. I'm not questioning the need for the
space at all but just the per square foot.
Finally, just one item I wanted to mention. I've talked with the
constitutional officers about it. This is a tiny item I'd like to
get. We'll talk about this more during the budget season, but a
general agreement from the board. It's out of the 90 million dollars
in the first phase, it's a $600,000 item, and that is the Golden Gate
Service Center that the tax collector Dwight and also the Sheriff's
Office would all like to take advantage of.
The different satellite facilities we have right now, they are
renting space in a shopping -- in a grocery store plaza, which is -- I
invite any of you to go any day, they have grossly outgrown. And I
have correspondence from each of them on this. And that's one of
those I just want to try to get us to program it, originally showed in
the first year of the Phase V, and I wanted to try to keep it there.
It's a small dollar item, but to them, it's very, very important.
COMMISSIONER NORRIS: The first year of Phase V?
ACTING CHAIRPERSON CONSTANTINE: Of Phase I, I'm sorry. Thank
you very much for correcting that. Phase V is a little ways away.
COMMISSIONER NORRIS: It's off the board.
ACTING CHAIRPERSON CONSTANTINE: Other questions for the
consultants on this?
If not, Mr. Fernandez, are you looking for anything in particular
for us today, or is this primarily an information item and then we'll
tackle some of our specifics as we tackle the funding issue?
MR. FERNANDEZ: Mr. Chairman, we held this workshop today in
order to respond to some of the concerns that were raised. Last time
the board discussed this component of the sales tax presentation. It
was felt that there was the need for more of a detailed discussion
among the board members so that there's a full understanding of the
implication of this space plan and what it entails.
ACTING CHAIRPERSON CONSTANTINE: My only other thing was in Phase
III, and I'll be long off the board certainly by then, but building
out for renovation and lobby show for about 14 million bucks. And I
hope we can shave a few million off. I could live without a lobby
there. Particularly if it's going to be -- this building would be
altered use, if I understand, at that time. It wouldn't be for this
particular purpose, so -- Commissioner Norris?
COMMISSIONER NORRIS: Well, to amplify a bit on Mr. Fernandez's
comment about relating this to the sales tax issue, if we're going to
have -- if we're going to go forward with a sales tax referendum, it's
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June 8, 1999
still my opinion, and I'd like to voice it again, that if we include
these buildings or this type of project on that sales tax referendum,
it's a sure kill, it ain't going to go anywhere. People are not going
to raise their sales tax to build government buildings.
So I think really what I would suggest is that the board take a
position as soon as possible, even today, in saying that if we decide
to do a sales tax referendum, this is not part of it.
ACTING CHAIRPERSON CONSTANTINE: I'm fine with that, as long as
we don't simply play a shell game and say we're going to fund
something else that would otherwise be funded with this and move those
dollars around. Because I don't think the public is foolish either.
I think they would understand that if it was a shell game. If we show
what our needs are and include -- I don't think the public would
object to the jail and some of those. I think they might object to
the Volpe Tower or to renovating this building or a lobby and so on.
COMMISSIONER NORRIS: They've already objected to the jail on the
sales tax, which sort of proves my point.
One of these days, if we're going to get busy on that sales tax
referendum, we need to define what we're going to do with it. And I
think predominantly we need to say that it's going into
transportation, at least 75 percent. We may want to put it all in.
But that's a discussion for another day.
But I just want to make the point that we have news media in the
area and if we're going to say this is related to the sales tax, then
people are going to start getting that in their mind, and I don't
think we want that if we're going to try to have a successful
referendum.
ACTING CHAIRPERSON CONSTANTINE: No, I'd agree with you. And I
think we're going to get back in the next couple of months our
discussions Commissioner Berry had brought up about level of service
on the roads and so on, and we can look at some of the expenses there
and how is this planned and that. So, I concur.
COMMISSIONER CARTER: Well, if I remember correctly,
commissioners, is that when we went through this, there were really
three pieces that they -- that the staff brought to us. We talked
about roads, we talked about stormwater management, and then we talked
about government facilities. And there didn't seem to be any
disagreement among us that the first two, they are just absolutes that
we have to do this, and we can refine that. But that was the focus of
our discussion.
This is the third piece of it. And I think when we go out to ask
for revenue sources, we have to be inclusive in what we're talking
about. What I understand, that we don't want any one part of this to
be up-played in the media, that the reason we're going for revenue is
only to deal with one issue. We're dealing with three large pieces
here. There's a pent-up demand that we're being responsible by saying
here is the total works that need to be done over eight or 10 years
and we need the revenue to do this, and this is what we will deliver
against the revenue that's collected.
So I hope that in our discussion that we will get properly
reported, if you please, about the total package of what we're trying
to do and that somebody doesn't start singling out one issue and say
well, why are you doing this and that's why you want the tax.
ACTING CHAIRPERSON CONSTANTINE: What I would suggest, too, is
part of this -- I think you're right, that if we're going to put it on
a referendum, we need to start those discussions now, flesh that out
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June 8, 1999
and have plenty of advance before it appears on a ballot. Which is
one of the mistakes we've made on prior issues is rushing something on
and not having adequate idea or discussion ahead of time.
But also as part of that, I'd like to have some discussion of
what the realistic alternatives are. We heard from TAG a few weeks
ago that what about if you trim some of these items and you have
impact fees, what about ad valorem, what about all these other things.
So that at least we know the worst thing we can do is say if we did a
sales tax, we can afford all these things and not discuss anything
else.
Because if it fails, then we find ourselves a year from now
scratching our head and saying now how are we going to do it? And at
least it will do two things: One, it will inform us that in the event
it doesn't go where we have to head, but it will also inform the
public, so that when they're making a decision whether or not to go
after a sales tax, at least they know if we chose not to do that, what
will happen, what are the alternatives. I think we have to have all
COMMISSIONER BERRY: Even if we raise some of the impact fees, I
think partially that's been shown to us already that that's not going
to cover the cost of our projected needs.
COMMISSIONER NORRIS: But we need that analysis.
COMMISSIONER BERRY: Right, we need --
MR. FERNANDEZ: Mr. Chairman?
COMMISSIONER BERRY: -- the whole thing in front of us, I think,
to have.
ACTING CHAIRPERSON CONSTANTINE: Mr. Fernandez?
MR. FERNANDEZ: I believe we presented to the board the fact that
there are other alternatives that we have explored and that it is the
staff's recommendation that the sales tax is the best of those
alternatives to address these needs.
ACTING CHAIRPERSON CONSTANTINE: And I just think when it comes
-- all I'm saying -- suggesting is when it comes time for the board to
decide whether or not to put it on for referendum, we should probably
have in some sort of summary form each of those laid out so that --
MR. FERNANDEZ: Okay.
ACTING CHAIRPERSON CONSTANTINE: -- both for our benefit but for
the public's benefit, as they look at the issue, they know what the
other alternatives are.
COMMISSIONER CARTER: But I also recollect that Mr. Fernandez is
going to bring back to us early the impact fee analysis so that we
would have that as a part of what I call the revenue mix.
Two things that always hit my mind on impact fees: Are we
collecting the maximum under our current system or could we do better?
I don't know the answer to that. And if we do increase impact fees,
how much of that is going to go towards our total need of all the
areas that we're discussing here, so that we can take a complete
package to the public that says we have looked at the revenue streams
and this is what we could do and here's what we need to do and we're
bringing you a package. And if we don't do this, this is what will
happen. So it becomes a part of the total plan.
ACTING CHAIRPERSON CONSTANTINE: Any other questions?
Seeing none, gentlemen, thank you very much. Great presentation.
We're adjourned.
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June 8, 1999
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:55 p.m.
D~iGHT E. BROCK, ~i~LERK
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL__ER ITS CONTROL
Attest as
presented ~ or as corrected
~ , as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING
SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC
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