BCC Minutes 12/14/1999 RDecember 14, 1999
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, December 14, 1999
LET IT BE REMEMBERED, that the Board of County Commissioners, in
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law and having conducted business
herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRWOMAN:
Pamela S. Mac'Kie
Barbara B. Berry
John C. Norris
Timothy J. Constantine
James D. Carter
ALSO PRESENT:
Robert Fernandez, County Administrator
David Weigel, County Attorney
Page 1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, December 14, 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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU
ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380~ ASSISTED LISTENING
DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1
December 14, 1999
INVOCATION - Father William Kehayes, St. Katherine's
Orthodox Church
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA.
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
November 9, 1999 - Regular Meeting
November 23, 1999 - Regular Meeting
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation recognizing Friends of the Collier
County Museum, Museum of the Everglades and
Roberts' Ranch. To be accepted by Ms. Liesa
Priddy, President, Friends of Roberts' Ranch;
Ms. Claudia Davenport, President-Elect, Friends
of the Museum of the Everglades; Mr. Ron
Mangold, President, Friends of the Collier
County Museum and Ms. Donna Ridewood, Manager,
Collier County Museum
2)
Proclamation recognizing Mr. Gil Mueller.
be accepted by Mr. Gil Mueller.
To
3)
Proclamation renaming Goodland Bay to Buzzards'
Bay South.
B. SERVICE AWARDS
1)
~.)
3)
4)
5)
6)
7)
8)
9)
10)
11)
C. J, McPherson, Parks & Recreation, 15 Years
Marilyn Norris, Library, 10 Years
Margaret Wright, Building Review & Permitting,
10 Years
Barbara Burgeson, Planning Services, 10 Years
Jerre Salmon, Human Resources, 10 Years
Joseph Griffith, Jr., Road & Bridge, 10 Years
Marta Piecuch, Parks & Recreation, 5 Years
Ann Catherine Viers, Library, 5 Years
Nancy Schaffer, Library, 5 Years
Helene Rossler, Services for Seniors, 5 Years
Judith Terilla, Revenue Service, 5 Years
December 14, 1999
12)
13)
14 )
Anne Cardenas, Purchasing, 5 Years
Stephen Chandler, Road & Bridge, 5 Years
Joyce Brantley, Traffic Operations, 5 Years
C. PRESENTATIONS
1)
Recommendation to recognize Julio Torres,
Customer Service Representative II, Public
Works Engineering Department, as Employee of
the Year for 1999.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
ae
Linda Friar representing the South Florida Ecosystem
Restoration Task Force, Florida International
University regarding a strategic planning
initiative.
COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Resolution ordering and calling a referendum
election to be held on March 14, 2000, within
Collier County to determine by straw ballot if
the qualified electors approve continuing the
additional one percent Tourist Development Tax.
2)
Approval of a temporary use permit to authorize
temporary raising of hogs in the Estates zoning
district for youth involved in 4-H projects in
conjunction with the County Fair.
3)
Proposal to prepare regulations to insure that
properties in North Naples (Section 18 and 19,
Township 49 South, Range 26 East) are developed
in a coordinated manner with regard to public
roads, storm drainage, water, and sewer
utilities.
B. PUBLIC WORKS
1)
CONTINUED FROM 11/23/99: Recommendation that
the Board of County Commissioners approve the
staff selection of firms and authorize staff to
negotiate agreements with firms for the Fixed
Term Land Surveying and Photogrametric services
December 14, 1999
Cm
(RFP 99-2981).
2) This item has been deleted.
3) This item has been deleted.
Approval of Agreement for delivery and supply
of irrigation water.
5) Approve additional landscaping work for Davis
Boulevard Phase II, based on clarifications to
the Streetscape Master Plan [follow up to
Agenda Item No. 8(B) l on 9 November 1999].
PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
10.
EMERGENCY SERVICES
COUNTY ATTORNEY'S REPORT
Recommendation that the Board authorize the Office
of the County Attorney and the Risk Management
Department to make an Offer of Judgment of $3,000.00
in Sadlet v. Collier County, Case No. 98-4438-CA-
HDH.
BOARD OF COUNTY COMMISSIONERS
ae
Resolution to rename Building F as the W. Harmon
Turner Building. (Commissioner Berry) NOTE: Sam
Colding, Irving Berzon and Aubrey Rogers to speak.
Discussion of selection process of new County
Administrator and designation of interim County
Administrator. (Commissioner Mac'Kie)
C®
Appointment of member to the Immokalee Enterprise
Zone Development Agency.
De
Appointment of member to the Golden Gate Community
Center Advisory Committee.
Ee
Appointment of members to the Emergency Medical
Services Advisory Council.
4
December 14, 1999
Fe
Appointment of member to the Black Affairs Advisory
Committee.
G. This item has been deleted.
ao
Appointment of members to the Ochopee Fire Control
District Advisory Committee.
Appointment of members to the Development Services
Advisory Committee.
Resolution to establish Collier County as a
Community of Character. (Commissioner Mac'Kie)
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1)
Petition PUD-99-7, Bruce Anderson of Young, Van
Assenderp, Varnadoe, and Anderson, representing
the Naples Vanderbilt Land Trust, requesting a
rezone from "A" Rural Agriculture and "E"
Estates to "PUD" Planned Unit Development to be
known as the PRC & M PUD for property located
on the south side of Vanderbilt Beach Road (CR-
862) and approximately one mile west of C.R.
951 in Section 4, Township 49 South, Range 26
East, Collier County, Florida.
2)
Petition PUD-98-13, R. Bruce Anderson of Young,
van Assenderp, Varnadoe & Anderson, P.A.,
representing Collier Development Corporation,
requesting a rezone for lands zoned "A" Rural
Agriculture and ~PUD' Planned Unit Development
to "PUD" for a new Planned Unit Development to
be known as Collier Tract 21, formerly Beachway
PUD, for a golf course and accessory and
incidental facilities including a club house,
50,000 square feet of C-3 commercial uses
and/or a hotel on property located between U.S.
5
December 14, 1999
3)
41 on the east and Vanderbilt Drive on the
west, lying north of 111th Avenue and south of
the Cocohatchee River, in Section 21, Township
48 South, Range 25 East, Collier County,
Florida consisting of 267.44 + acres.
THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11,
13.
2000 MEETING. Petition PUD-90-17(1), Karen
Bishop of Project Management Services, Inc.,
representing Bishop John Nevins, Diocese of
Venice, requesting an amendment to a "PUD"
Planned Unit Development, to provide additional
facilities complimentary to the existing
religious development known as the St. John The
Evangelist Catholic Church PUD, on property
located on the north side of 111th Avenue North
approximately ~ mile west of U.S. 41 in Section
21, Township 48 South, Range 25 East, Collier
County, Florida, consisting of 14 + acres.
C. OTHER
1)
Adopt an Ordinance revising the Road Impact Fee
Rate Schedule.
2)
An Ordinance amending Collier County Ordinance
No. 90-111, as amended, which created the
Pelican Bay Municipal Service Taxing and
Benefit Unit; Amending Section One and Section
Four to provide for financing of landscaping
beautification within that portion of U.S. 41
from Pine Ridge Road to Vanderbilt Beach Road;
providing for identification markers as an
authorized power; providing for inclusion into
the Code of Laws and Ordinances; providing for
conflict and severability; providing an
effective date.
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) THIS ITEM WAS CONTINUED FROM THE NOVEMBER 23,
1999 MEETING AND IS FURTHER CONTINUED TO THE
JANUARY 11, 2000 MEETING. Petition V-99-21,
Jerry Neal, representing Alfred Luckerbauer,
requesting a 7.5 foot variance to the required
15 foot side setback for docking facilities to
7.5 feet for property located at 9 Pelican
Street East, further described as Lot 40, Isles
6
December 14, 1999
B. OTHER
of Capri No. 1, in Section 32, Township 51
South, Range 26 East, Collier County, Florida.
STAFF' S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - Ail 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.
ae
COHMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Authorization of a 75% deferral of impact fees
for one house to be built by Scott W. Price, at
4110 6th Street N.E., in Golden Gate Estates,
Collier County.
2)
Authorization of a 75% deferral of impact fees
for one house to be built by Jorge M. Martinez
and Amanda A. Martinez at 3640 22nd Avenue N.E.,
in Golden Gate Estates, Collier County,
Florida.
3)
Authorization of a 50% Waiver/50% Deferral of
impact fees for one house to be built by
Francisco F. Hernandez and Cristina Hernandez
at 5205 Warren Street in Naples Manor Annex,
Collier County, Florida.
4)
Authorization of 100% waiver of impact fees for
two very low income single family houses to be
built in the Seminole Subdivision in Immokalee,
Collier County, by Habitat for Humanity of
Collier County, Inc.
5)
Authorization of 100% waiver of impact fees for
six very low income single family houses to be
built in Naples Manor, Collier County, by
Habitat for Humanity of Collier County, Inc.
6)
Authorization of a 50% Waiver/50% Deferral of
impact fees for one house to be built by Juan
Marante at 3811 Golden Gate Boulevard in
December 14, 1999
7)
8)
9)
so)
11)
12)
13)
~4)
Collier County, Florida.
Authorization of a 75% deferral of impact fees
for one house to be built by Christopher
Santos-Cadow at 2160 47th Avenue, N. E. in
Golden Gate Estates, Collier County.
Recommendation that the Board consider a
resolution consenting to the exercise of
special powers relating to Parks and Recreation
and Security for the Cedar Hammock Community
Development District.
Recommendation that the Board consider a
resolution consenting to the exercise of
special powers relating to Parks and Recreation
and Security for the Mediterra South Community
Development District.
Recommendation that the Board of County
Commissioners approve the short list of
consultant teams and authorize staff to
negotiate a contract for consultant services
beginning with the number one ranked firm of
Dover, Kohl and Partners to develop the Collier
County Community Character and Design Master
Plan.
To approve a resolution endorsing the Guadalupe
Center as a sponsoring agency under the Florida
Enterprise Zone Community Contribution Tax
Credit Program.
Approve an agreement to accept an artificial
reef grant from the Florida Fish and Wildlife
Conservation Commission.
Approval of an agreement with the South Florida
Water Management District to participate in
water quality sampling for Florida Department
of Environmental Protection (FDEP) Ambient
Monitoring Program.
Award of RFP 99-2920 for electronic document
management systems.
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Kensington Park, Phase
3A"
8
December 14, 1999
:].6)
17)
18)
19)
20)
21)
22)
23)
24)
25)
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Briarwood Unit Four"
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Kensington Park, Phase
TWO"
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Briarwood Unit Three"
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of ~Johnnycake Cove"
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Kensington Park, Phase
3B"
Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Avila Unit One"
Request to approve for recording the final plat
of "Grey Oaks Unit Fifteen, and approval of the
Standard Form Construction and Maintenance
Agreement and approval of the amount of the
performance security.
Request to approve for recording the final plat
of ~Grey Oaks Unit Sixteen", and approval of
the Standard Form Construction and Maintenance
Agreement and approval of the amount of the
performance security.
Request to approve for recording the final plat
of "Grey Oaks Unit Fourteen", and approval of
the Standard Form Construction and Maintenance
Agreement and approval of the amount of the
performance security.
Request to approve for recording the final plat
of "Bentgrass Bend at the Estates at Bay Colony
Golf Club", and approval of the Standard Form
Construction and Maintenance Agreement and
approval of the amount of the performance
security.
9
December 14, 1999
26)
Request to approve for recording the final plat
of "Pebblebrooke Lakes Phase 2B".
27)
Request to approve for recording the final plat
of "Cayo Casta", and approval of the Standard
Form Construction and Maintenance Agreement and
approval of the amount of the performance
security.
28)
Petition VAC 99-019 to disclaim, renounce and
vacate the County's and the public's interest
in a portion of a parcel of land conveyed to
Collier County as a drainage easement recorded
in Official Record Book 805, Pages 758 through
759, and to accept a 15' wide drainage easement
as a replacement easement. Located in Section
27, Township 48 South, Range 25 East, Collier
County, Florida.
PUBLIC WORKS
1)
Award Bid No. 99-2997 "Roll-off Container
Refuse Collection Truck" to Heintzelman's Truck
Center, Inc.
2)
Present the results of staff and consultant
investigations into the extension of Piper
Boulevard easterly to Strand Boulevard.
3) This item has been deleted.
4)
Approve a Resolution requiring full-width
overlays for new turn lane construction.
5)
Approve Professional Services Agreement with
Kissinger Campo, WilsonMiller, Inc., Law Gibb
Group, Inc., Hole, Montes and Associates, Inc.
and Johnson Engineering, Inc. for the Fixed
Term Construction Engineering Inspection
Services (RFP #99-2960).
6)
Accept an Easement for a traffic signal pole
from Rd2 Partnership, a Florida Partnership.
7)
Approve a Change Order for Work Order #TS-BL-
9908 Botner Land Design, Inc. for the Bayshore
Beautification MSTU landscaping.
8)
Approve an inter-fund loan to the Bayshore
Beautification MSTU for completion of a
1o
December 14, 1999
Ce
landscape project on Bayshore Drive.
9)
Accept a right-of-way easement from Florida
Panthers Naples, Inc.
lO)
Approve a Budget Amendment recognizing carry
forward related to the North County Water
Reclamation Facility Expansion, Contract 99-
2908, Project 73031.
Consider extension of Developer Contribution
Agreement between the County and Warrenton
Enterprises.
12)
Approve a two-party Agreement between The
Strand Development and Collier County for the
installation of a traffic signal at Strand
Boulevard and Immokalee Road.
13)
Approve Amendment to Professional Services
Agreement related to Aquifer Storage and
Recovery of Reclaimed Water, RFP 99-2926,
Project 74030.
14)
Approve Amendment to Professional Services
Agreement related to the North County Water
Reclamation Facility Expansion, Contract 96-
2474, Project 73031.
15)
Approve Change Order to the North County Water
Reclamation Facility Reclaimed Water Pumping
Station Upgrades Project, Bid 98-2812, Project
74024.
16)
Approve conditional acceptance of right-of-way
conveyance by Long Bay Partners, LLC, and
attendant Road Impact Fee credit amount for
Livingston Road Improvements North of Immokalee
Road, subject to entry into Developer
Contribution Agreement.
17)
Budget Amendment for the construction of Safety
Refuge Shelters.
PUBLIC SERVICES
1)
Recommendation to authorize the Chairwoman to
sign electronic subscription agreement to
enable Library to subscribe to electronic
versions of Literature Resource Center,
Biography Resource Center and Marquis Who's
11
December 14, 1999
De
Who.
2)
Award of Bid 99-3001 Digital Photo Archival
System for the Collier County Museum.
3)
Authorize staff to utilize a portion of
Veterans Community Park for a park open to
dogs.
4)
Approve Work Order #PR-GB-9918 to A. Gall
Boorman & Associates for professional landscape
architectural services at Sugden Park.
5)
Approve Work Order #VL-00-2 to Victor J.
Latavish, A1A Architect for professional
services at Tigertail Beach.
6)
Award of Bid 99-3000, "New Installation &
Refurbishment at East Naples Skate Park" and
approve associated budget amendment.
7)
Approve Work Order #ABB-FT-00-01 to Agnoli,
Barber & Brundage, Inc. for professional
engineering services at Max Hasse Park.
8)
Approve Work Order #BSW-00-1 to Barany Schmitt
Summers & Weaver, Inc. for professional
architectural services at Max Hasse Park.
SUPPORT SERVICES
1)
Approval of Two Contracts for Collection of
Past Due Collier County Service and Fee
Accounts Resultant of RFP #99-2948.
2)
Recommendation to Award Bid No. 99-2979 for the
Advertising of Delinquent Real Estate and
Personal Property Taxes.
3)
Quit Claim Collier County's Interest (if any)
in Lands South of Pine Ridge Road Right-of-Way.
4)
Request that the Board of County Commissioners
Authorize Staff to Provide Notice in Order to
Continue Leasing Space Concerning the Sheriff's
Office Relocation of Building "A".
Recommendation to Award RFP 99-2999 to Conduct
Pay and Classification Studies.
12
December 14, 1999
6)
Approval of Resolution Ratifying Expenditures
for Printed or Embroidered County Shirts and
Hats as Serving a Valid Public Purpose.
7)
Approve a Developer Contribution and
Reimbursement Agreement for Right-of-Way
Dedications Made on Immokalee Road and CR-951.
8)
Approval for Staff to Negotiate a Lease
Agreement with Horseshoe Square Development,
L.C. in Order to Relocate the Department of
Revenue and the Transportation Services
Department.
COUNTY ADMINISTRATOR
1)
Approval of Budget Amendment Report - Budget
Amendments #00-067; #00-069.
2)
Adopt a resolution authorizing expenditure of
funds for a County Holiday Party to recognize
public services performed by Collier County
employees.
BOARD OF COUNTY COMMISSIONERS
1)
Commissioner request for approval for payment
to attend function serving a valid public
purpose. (Commissioner Mac'Kie)
EMERGENCY SERVICES
1)
Approval of a Disaster Relief Agreement with
the State of Florida, Department of Community
Affairs.
2)
Approve the Budget Amendment for the budgeted
merit increases for FY99.
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Civil Judgement Lien: NEED
MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public
Defender for Case Nos.: 88-1252-IT, 92-844-MI,
98-9429-MMA, 91-1914-CFA, 93-1401-CFA, 89-2835-
MMA, 89-2835-MMA, 91-3205-MMA, 92-3314-MMA, 91-
4315-TM, 91-4316-TM, 91-4317-TM, 91-4318-TM,
92-1258-MMA, 92-4843-MMA, 92-6004-MM1, 94-4510-
MM_A, 92-1406-MI, 92-1394-MI, 97-8737-MMA, 98-
7158-MMA, 97-9815-MMA, 98-6394-MMA, 95-1185-
13
December 14, 1999
2)
CFA, 98-388-CFA, 88-2140-TM, 89-79-TMC, 89-
2025-TM, 89-2025-TM, 89-2026-TM, 89-2669-TM,
89-2838-TM, 88-2165-MMA, 88-2321-MMA, 89-2838-
TM, 88-2165-MMA, 88-2321-MMA, 88-3807-TM, 89-
3869-TM, 89-4751-TM, 90-1151-TMC, 90-2164-TM,
90-2476-TM, 90-4281-TM, 90-6876-TM, 90-6877-TM,
91-206-TMC, 91-347-TM, 91-1105-TM, 91-3222-TM,
90-6365-TM, 91-3107-TMC, 91-4809-TMC, 91-5193-
TMC
Miscellaneous items to file for record with
Je
action as directed
OTHER CONSTITUTIONAL OFFICERS
1)
The Finance and Accounting Department seeks
approval for a budget amendment required for
payment of rebatable arbitrage on the Road
Improvement Refunding Revenue Bonds, Series
1995.
COUNTY ATTORNEY
1)
Request by the Collier County Health Facilities
Authority for approval of a resolution
authorizing the Authority to issue revenue
bonds for healthcare facilities at Moorings
Park.
2)
Request by the Housing Finance Authority of
Collier County for approval of resolutions
authorizing the Authority to issue multi-family
housing revenue bonds to be used to finance
qualifying apartment projects.
3)
Recommendation that the Board authorize the
County Attorney with the Risk Management
Department Director to retain outside counsel
to represent the County in damages lawsuits
filed against the County.
AIRPORT AUTHORITY
1)
Authorize Chairwoman to execute resolution
supporting the widening of 846 along the south
side of Immokalee Regional Airport.
2)
Immokalee Regional Airport - Extension of
Temporary Use Permit for Immokalee Regional
Raceway.
14
December 14, 1999
17.
3)
Authorize an $60,000 transfer from General Fund
Reserves to the Airport Operating Fund (Fund
495) .
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.
Ae
Adoption of an Ordinance creating the Rural Fringe
Area Assessment Oversight Committee; providing for
creation and purpose; providing functions, powers
and duties; providing for appointment, composition,
term of office, attendance and filling of vacancies;
providing for officers, quorum and rules of
procedure; providing for dissolution of the
committee and repeal of this ordinance; providing
for conflict and severability; providing for
inclusion in Code of Laws and Ordinances; and
providing for an effective date.
An Ordinance creating the Rural Lands Assessment
Area Oversight Committee; providing for creation and
purpose; providing functions, powers and duties;
providing for appointment, composition, term of
office, attendance and filling of vacancies;
providing for officers, quorum and rules of
procedure; providing for dissolution of the
committee and repeal of this ordinance; providing
for conflict and severability; providing for
inclusion in Code of Laws and Ordinances; and
providing for an effective date.
Ce
Petition DRI 99-1, Alan D. Reynolds, AICP, of
WilsonMiller, Inc. and George L. Varnadoe Esq. , of
Young, VanAssenderp, Varnadoe and Anderson, P.A.,
representing Barron Collier Company, requesting
development approval of "Winding Cypress", a mixed
use Development of Regional Impact containing
commercial, residential and golf course components,
for property located on the East side of C.R. 951,
North of U.S. 41 East and South of Sabal Palm Road,
in Sections 26, 34 and 35, Township 50 South, Range
15
December 14, 1999
26 East, and Sections 2 and 3, Township 51 South,
Range 26 East, Collier County, Florida, consisting
of 1,928 +/- acres. (COMPANION ITEM TO PUD 99-23)
De
Petition PUD-89-14(2), Anita L. Jenkins, AICP, of
WilsonMiller, Inc., representing Owen M. Ward,
trustee for Contract Enterprises, Inc., requesting a
rezone from "PUD" to "PUD" known as Breezewood PUD
to amend the PUD document having the effect of
changing the property ownership, removing any
reference to Tract I and Tract II to allow
commercial office and hotel uses to occur throughout
the parcel, and removing conservation areas from the
Master Plan, for property located in the Southwest
quadrant of the intersection of Immokalee Road (CR
846) and 1-75, in Section 30, Township 48 South,
Range 26 East, Collier County, Florida.
Petition PUD 89-28(2), William Hoover of Hoover
Planning, representing 846 Developments of Naples,
Inc., requesting an amendment to the Brentwood PUD
for the purposes of reducing the maximum building
height from 50 feet to 40 feet, eliminating light
manufacturing, wholesaling and general store uses,
adding commercial retail uses and revising the water
management plan for property located on the south
side of Immokalee Road (C.R. 846) and on the
northeast side of the Malibu Lake PUD, in Section
30, Township 48 South, Range 26 East, Collier
County, Florida.
Petition PUD-93-01-(5), Young, VanAssenderp,
Varnadoe & Anderson, P.A., representing WCI
Communities, Inc., requesting a rezone from ~PUD" to
"PUD" known as Pelican Marsh PUD for the purpose for
amending Ordinance No. 99-33 having the effect of
adding 141.6+ acres for additional mixed use
residential and golf course development and making
related revisions to the Master Plan and text, and
by rezoning the added land from UA" Rural
Agricultural to "PUD" Planned Unit Development, for
property located north of Vanderbilt Beach Road and
east of Livingston Road, in Section 48 South, Range
25 East, and Section 31, Township 48 South, Range 26
East, Collier County, Florida. (COMPANION TO DOA-
99-04)
Petition PUD-94-01(1) Bruce Anderson, Esq., of
Young, Van Assenderp, Vanadoe and Anderson, and Greg
Stuart, AICP, of Stuart & Associates, representing
Land Trust Naples, requesting a rezone from "PUD" to
"PUD" known as Sierra Meadows PUD having the effect
16
December 14, 1999
of modifying the Master Plan and PUD document by
increasing the conservation reserve tract from
34+/- acres to 38+/- acres, reducing the number of
multi-family dwelling units from 425 to 300, and
increasing commercial square footage from 160,000 to
260,000 for property located at the Southwest
quadrant of the intersection of Rattlesnake Hammock
Road and C.R. 951, in Section 22, Township 50 South,
Range 26 East, Collier County, Florida consisting of
90.8+/- acres.
Petition PUD-99-18, Robert L. Duane, AICP, of Hole,
Montes & Associates, Inc., representing Olde
Cypress Development Corporation, requesting a rezone
from "A" Rural Agriculture and "PUD" (Olde Cypress
PUD) to "PUD" Planned Unit Development to be known
as Olde Cypress PUD for the purpose of increasing
the project acreage from 500.1+ acres to 528.79+
acres and reducing the gross density from 2.2 to 2.1
residential dwelling units per acre for a maximum of
1,100 residential dwelling units for property
located on the north side of Immokalee Road (C.R.
846), approximately 1.3 miles east of 1-75 in
Section 21 and 22, Township 48 South, Range 26 East,
Collier County, Florida. (COMPANION TO DOA-99-03).
Petition PUD 99-23, Alan D. Reynolds, AICP, of
WilsonMiller, Inc., and George L. Varnadoe, Esq. of
Young, VanAssenderp, Varnadoe and Anderson, P.A.,
representing Barron Collier Company, requesting a
rezone from "A" Rural Agriculture to "PUD" Planned
Unit Development to be known as Winding Cypress for
a maximum of 2,892 residential dwelling units golf
course, and a maximum of 30,000 square feet of
retail, office and recreational uses for property
located on the east side of C.R. 951, north of U.S.
41 East and south of Sabal Palm Road, in Sections
26, 34 and 35, Township 50 South, Range 26 East and
Sections 2 and 3, Township 51 South, Range 26 East,
Collier County, Florida, consisting of 1,928 +/-
acres.
Petition PUD-99-24, Alan D. Reynolds, AICP, of
WilsonMiller, Inc., and R. Bruce Anderson, of Young,
Van Assenderp, Varnadoe & Anderson, representing G-4
Partnership, requesting a rezone from
Agriculture and "RSF-3" to ~PUD" Planned Unit
Development to be known as Pine Ridge Commons for a
maximum of 275,000 square feet of retail commercial
and office uses for property located on the
northeast quadrant of the intersection of Pine Ridge
Road and Goodlette-Frank Road, in Section 10,
17
December 14, 1999
Oe
Township 49 South, Range 25 East, Collier County,
Florida, consisting of 31+ acres.
Petition CU-99-11 Jason Laskey of Mastec Wireless
Services, representing Sprint Spectrum L.P., and
Gator Airboat Tours, requesting a conditional use of
a telecommunications tower and recreational/tourist
business in the "A-ACSC/ST" Rural Agricultural
zoning district, within an Area of Critical State
Concern and a Special Treatment Overlay area,
located at 31112 Tamiami Trail East, in Section 2,
Township 53 South, Range 29 East, Collier County,
Florida.
Petition CU-99-23, J. Gary Butler, P.E., of Butler
Engineering, Inc., representing James Soper,
requesting Conditional Use ~6" of the "RMF-16"
zoning district for an assisted living facility for
property located on the north side of US 41 South,
on Lot L, Lely Golf Estates in Section 19, Township
50 South, Range 26 East, Collier County, Florida,
consisting of 4.74+/- acres.
Petition V-99-20; James J. Jesella requesting a 5-
foot variance from the required side yard setback of
15 feet to 10 feet along the south property line for
property located on Santa Barbara Boulevard, further
described as Lots 21 and 22, Block 188, Golden Gate
Unit 6, in Section 21, Township 49 South, Range 26
East, Collier County, Florida.
Petition V-99-22 Kevin L. Denti, Buckingham,
Doolittle & Burroughs, for Ronald A. Fowle, Naples
Car Wash, requesting a 15-foot variance and an 18-
foot variance to reduce the required 25 foot front
yard setbacks to 10 feet and 7 feet for a corner
lot with double frontage located at 2595 East
Tamiami Trail in Section 11, Township 50 South,
Range 25 East, Collier County, Florida.
Petition DOA-99-03, Robert L. Duane, AICP, of Hole,
Montes & Associates Inc., representing Olde Cypress
Development Corporation, requesting an amendment to
the Olde Cypress Development Order No. 86-1, as
amended, (formerly known as Woodland's DRI) for the
purpose of adding 28.7 ± acres and decreasing the
gross density from 2.2 to 2.1 dwelling units per
acres, located on the north side of Immokalee Road
(C.R. 846) in Sections 21 and 22, Township 48 South,
Range 26 East, Collier County, Florida, consisting
of 528.79 + acres. (COMPANION TO PUD-99-18) .
18
December 14, 1999
Po
So
Petition DOA-99-04 George L. Varnadoe of Young,
VanAssenderp, Varnadoe & Anderson, P.A.,
representing WCI Communities, L.P., for an amendment
to the Pelican Marsh Development of Regional Impact
(DRI) Development Order No. 95-01, as amended, for
the purpose of increasing the project acreage by
141.6+ for a total of 2,213.6+ acres, reducing the
number of residential units from a maximum of 4,900
to a maximum of 4,800 dwelling units, decreasing the
gross density from 2.36 units per acre to 2.16 units
per acre, increasing the number of golf holes by 9
for a total of 72 holes resulting in an increase of
golf course/open space from 578.8 acres to 642.4
acres, and revising the distribution of commercial
land uses in activity center designated areas for
property bordered on the west by Tamiami Trail North
(U.S. 41), on the east by future Livingston Road,
and on the south by Vanderbilt Beach Road in
Sections 25, 27, 34, 35 & 36, Township 48 South,
Range 25 East, and Section 31, Township 48 South,
Range 26 East, Collier County, Florida, consisting
of 2,213.6+ acres. (COMPANION TO PUD-93-01(5)) .
Approval of an ordinance amending Ordinance Number
99-46 Land Development Code Amendment to correct a
scrivener's error due to the omission of an
amendment to facilitate the administrative approval
of preliminary subdivision plats heard and approved
at a public hearing on June 16, 1999.
THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Petition
PUD-99-22, Richard D. Yovanovich of Goodlette,
Coleman, & Johnson, P.A., representing James D.
Vogel, Trustee, requesting a rezone from "A" Rural
Agricultural and "A-ST" Rural Agriculture with
special Treatment Overlay to "PUD" Planned Unit
development, for property known as San Marino PUD, a
residential development and golf course with a
maximum of 353 multi-family residential units, for
property located on the east side of C.R. 951
approximately 1.5 miles south of Davis Boulevard, in
Section 11, Township 50 South, Range 26 East,
Collier County, Florida, consisting of 235.33 +/-
acres.
THIS ITEM HAS BEEN WITHDRAWN. Petition CU-99-20,
Dr. Neno J. Spagna of Florida Urban Institute, Inc.,
representing Golden Gate Seventh-Day Adventist
Church, requesting Conditional Use of the "E"
Estates zoning district per 2.2.3.3 of the Land
Development Code for a church and church related
facilities for property located on the east side of
]9
December 14, 1999
39th Street SW, in Section 14, Township 49 South,
Range 26 East, Collier County, Florida, consisting
of 5 +/- acres.
Te
An Ordinance amending Collier County Ordinance No.
72-1, as amended, which created the Collier County
Lighting District: To add Brookside Units 1-3,
Coconut Creek Units 1-3, Coconut Grove Units 1-3,
Fairview Subdivision, Flamingo Estates, Gates Mills,
Huddleston's Subdivision, Johnnycake Cove, Mentor
Pines, Naples Groves & Truck Co's Little Farms No.
2, Naples Villas, Rainbow Cove, Rock Creek Park,
Creek Terrace, Sunrise Villas, Sunset Subdivision,
Turnbury, Willoughby Acres, Willoughby Pines, and
Willow West to the Collier County Lighting District;
providing for inclusion in Code of Laws and
Ordinances; providing conflict and severability;
providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
20
December 14, 1999
December 14, 1999
Item #3
REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR
ADOPTED WITH CHANGES
COMMISSIONER CONSTANTINE: Good morning and welcome to the
Tuesday, December 14th Board of County Commissioners' meeting. If
you'd join me and stand, we have Father William Kehayes of St.
Katherine's Church to lead us in invocation.
Or perhaps Mr. Fernandez will be leading us this morning in an
invocation.
MR. FERNANDEZ: I'd like to call Mr. Olliff, our resident
chaplain.
MR. OLLIFF: Heavenly Father, we come to you this morning. We
thank you so much for the opportunity that we have. to conduct business
and government in an open and honest environment here.
Father, we thank you so much for this holiday season. We pray
that you'd bless each and every one of us, and allowus to remember
all the blessings that you have given us, both as a community and as
individuals.
Father, we pray that you'd give us opportunities to look out for
those that are less fortunate during this season, and lend a helping
hand where possible.
Father, we pray your hand on this meeting this morning. Keep it
directed and focused and always with decisions made that are in the
best interest of the community.
These things we pray in your Son's holy name. Amen.
COMMISSIONER CONSTANTINE: Stay standing and join us for the
pledge.
(Pledge of Allegiance was recited in unison.)
MR. FERNANDEZ: Thank you, Mr. Olliff. Nice job.
COMMISSIONER CONSTANTINE: I understand we have a number of
changes to the agenda.
MR. FERNANDEZ: Yes, Mr. Chairman. The first is to add Item
17(B), Mr. Nowak, regarding sewer impact fee. That's under public
petition.
The second is to add Item 9 --
COMMISSIONER NORRIS: That would be 7(B), wouldn't it?
COMMISSIONER BERRY: 7(B).
MR. FERNANDEZ: I'm sorry, did I not say 7(B)?
COMMISSIONER NORRIS: 17.
MR. FERNANDEZ: I'm sorry, 7(B).
COMMISSIONER NORRIS: I'm sorry, I understood 17. My mistake.
MR. FERNANDEZ: 7(B), public petition.
Second is to add Item 9(B). This is corrective approval of
agenda Item 8(A) (1) of the November 23rd board meeting regarding
tourist development funding in the amount of $9,853.01 for the Naples
Sports Festival, held on August the 8th through the 10th, 1999. The
request of the County Attorney's Office.
The next --
Page 2
December 14, 1999
COMMISSIONER CONSTANTINE: The next item we do not need to add.
That's been answered -- the question's been answered for me. 10(K)
was my addition, and we don't need to do that.
MR. FERNANDEZ: 10 (K) we do not need to add? Okay.
COMMISSIONER BERRY: 10(K)?
COMMISSIONER NORRIS: 10(K) .
COMMISSIONER CONSTANTINE: We were going to add a 10(K). I've
had my questions answered. 10(K) does now not have to be answered.
MR. FERNANDEZ: I understand we can accommodate the request.
COMMISSIONER BERRY: Okay.
MR. FERNANDEZ: The next is to add Item 9(C), the recommendation
to approve attorneys' fees for taking of Parcels 713-A, 713-B, 813-A,
and 813-B in the case of Collier County versus Naples Italian-American
Club, Incorporated, et al. Case No. 98-1672-CA-01.
The next is to add -- I'm sorry, to move an item from the summary
agenda to the public hearing agenda. This is to move Item 17(T) to
12(C) (3) . It's an ordinance amending Ordinance No. 72-1 as amended,
which created the Collier County Lighting District, to add a number of
new areas to that district.
We have requests for a couple of items to be heard time certain.
The first is Item 10(A). It's a resolution to rename Building F as
the W. Harmon Turner Building. That is requested to be heard at 9:30.
And immediately following that one, we've been requested to hear
Item 12(B)(1), which is the request of Petition PUD-99-7, rezone from
"A" agriculture and "E" Estates to PUD to be known as the PRC&M PUD,
located on the south side of Vanderbilt Beach Road.
COMMISSIONER CONSTANTINE: Question. The 10(A), there was
actually a little scratch-through on our change list here. And I
think Commissioner Mac'Kie had requested we hear that even before the
presentations. I understand we have some constitutional officers
here.
MR. FERNANDEZ: Yes.
COMMISSIONER CONSTANTINE: I wonder if we could knock that over.
MR. FERNANDEZ: So right away, okay.
Also under staff communications, I'd like to discuss with the
board an item regarding your strategic planning session for January
and a proposed date for that.
Item 17(I), I understand there's a brief comment to be added to
the record. The attorney's office has requested that we have the
opportunity to add the comment without removing the item from summary
agenda.
Those are all the changes, Mr. Chairman.
COMMISSIONER CONSTANTINE: Commissioner Berry?
COMMISSIONER BERRY: I do. I have another one, Commissioner.
16(B) (2), which is a report that was to be given regarding the
extension of Piper Boulevard. So we need to move that --
COMMISSIONER CONSTANTINE: 8(B) (6) .
COMMISSIONER BERRY: -- wherever is appropriate. 8(B) (6)?
COMMISSIONER NORRIS: 16(B) (2) , was it?
COMMISSIONER CONSTANTINE: Yep.
Page 3
December 14, 1999
COMMISSIONER BERRY: Yeah, 16(B) (2) .
COMMISSIONER NORRIS: I have no changes.
COMMISSIONER CONSTANTINE: Commissioner Carter?
COMMISSIONER CARTER: I have no changes.
COMMISSIONER CONSTANTINE: Mr. Weigel, did you have anything?
MR. WEIGEL: No, nothing further. Thank you.
COMMISSIONER NORRIS: I'll move that we approve the consent
agenda, summary agenda and regular agenda with changes as noted.
COMMISSIONER CARTER: Second.
COMMISSIONER CONSTANTINE: Motion and a second. Any discussion?
Any objection?
(No response.)
COMMISSIONER CONSTANTINE: Seeing none, motion carries 4-0.
MR. FERNANDEZ: Mr. Chairman?
COMMISSIONER CONSTANTINE: Mr. Fernandez.
MR. FERNANDEZ: Mr. Weigel informs me that we need to make that
comment now before the board considers the summary agenda on Item
17(I) .
COMMISSIONER CONSTANTINE: Fair enough.
MR. FERNANDEZ: Okay, thank you.
MS. MURRAY: Thank you. I'm Susan Murray, chief planner.
The Winding Cypress PUD document, on Page 3 there was a slight
amendment. It was the second sentence that was added, development of
convenience/commercial uses authorized in this PUD shall not be
permitted until such time as the FLUE of the Growth Management Plan
providing for the PUD neighborhood village center subdistrict
Ordinance No. 9767, or comparable provision which allows similar uses
is determined to be legally effective as provided by subsection
163318926, Florida Statutes.
(Chairwoman Mac'Kie enters boardroom.)
MS. MURRAY: That was added as we were going through the PUD
process.
A lawsuit was filed with regard to the 1997 Future Land Use
Element, rendering it not legally effective. However, there are
provisions within this PUD that allow certain uses within the
neighborhood village commercial center subdistrict, which are a part
of the 1997 FLUE.
So once they become legally effective, those uses would be
permitted uses within this PUD, and that's why that language was
added.
COMMISSIONER CONSTANTINE: Commissioner Norris, I assume your
motion included that?
COMMISSIONER NORRIS: I anticipated those comments.
CHAIRWOMAN MAC'KIE: Of course.
COMMISSIONER CARTER: Fully digested that this morning.
COMMISSIONER CONSTANTINE: We'll call that same motion again. All
those in favor, please state aye.
(Unanimous vote of ayes.)
COMMISSIONER CONSTANTINE: The motion carries 5-0.
Welcome, Madam Chair.
Page 4
December 14, 1999
CHAIRWOMAN MAC'KIE: Thank you. My apologies for being late.
Nothing like having kids on a school day.
Page 5
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
DECEMBER 14~ 1999
ADD: ITEM 7(B) - MR. NOWAK REGARDING SEWER IMPACT FEE. (STAFF'S
REQUEST).
ADD: ITEM 9(B) - CORRECTIVE APPROVAL OF AGENDA ITEM 8(A)(1) OF
THE 11/23/99 BOARD MEETING REGARDING TOURIST DEVELOPMENT
FUNDING IN THE AMOUNT OF $9,853.01 FOR THE NAPLES SPORTS FESTIVAL
HELD ON AUGUST 8-10, 1999. (COUNTY ATTORNEY'S REQUEST).
ADD: ITEM 9(C) - RECOMMENDATION TO APPROVE ATTORNEY'S FEES
FOR TAKING OF PARCELS 713A, 713B, 813A AND 813B IN THE CASE OF
COLLIER COUNTY VS. NAPLES ITALIAN AMERICAN CLUB, INC., ET AL,
CASE NO 98-1672-CA-01. (COUNTY ATTORNEY'S REQUEST).
ADD: ITEM 10(K) - MPO REQUEST FOR A ONE-TIME EXCEPTION FROM
CONTRACT TO ALLOW FOR REPAIR OF VEHICLES BY COUNTY.
(COMMISSIONER CONSTANTINE).
MOVE: ITEM 17(T) TO 12{C){3) - AN ORDINANCE AMENDING ORDINANCE
NO. 72-1 AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING
DISTRICT: TO ADD BROOKSIDE UNITS 1-3, COCONUT CREEK UNITS 1-3,
COCONUT GROVE UNITS 1-3, FAIRVIEW SUBDIVISION, FLAMINGO ESTATES,
GATES MILLS, HUDDLESTON'S SUBDIVISION, JOHNNYCAKE COVE,
MENTOR PINES, NAPLES GROVES & TRUCK CO.'S LITTLE FARMS NO. 2,
NAPLES VILLAS, RAINBOW COVE, ROCK CREEK PARK, CREEK TERRACE,
SUNRISE VILLAS, SUNSET SUBDIVISION, TURNBURY, WILLOUGHBY ACRES,
WILLOUGHBY PINES AND WILLOW WEST TO THE COLLIER COUNTY
LIGHTING DISTRICT. (COMMISSIONER BERRY'S REQUEST).
NOTE: ITEM 10(A) - REQUEST THAT THIS ITEM BE HEARD AT 9:30 AM -
RESOLUTION TO RENAME BUILDING "F" AS THE W. HARMON TURNER
BUILDING.
NOTE: ITEM 12(B)(1) - REQUEST THAT THIS ITEM BE HEARD
IMMEDIATELY FOLLOWING ITEM 10(A) - PETITION PUD-99-7 REZONE
FROM "A" RURAL AGRICULTURE AND "E" ESTATES TO PUD TO BE KNOWN
AS THE PRC & M PUD LOCATED ON SOUTH SIDE OF VANDERBILT BEACH
ROAD.
STAFF COMMUNICATIONS - DISCUSSION REGARDING STRATEGIC
PLANNING SESSION DATE - JANUARY 12TM - 9:00 AM TO NOON.
December 14, 1999
Item #4A&B
MINUTES OF REGULAR MEETING OF NOVEMBER 9 AND NOVEMBER 23, 1999 -
APPROVED AS PRESENTED
COMMISSIONER CONSTANTINE: I welcome you here by making a motion
we approve the minutes of the November 9, 1999 regular meeting and the
November 23rd, 1999 regular meeting of the board. COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #10A
RESOLUTION 99-474 RENAMING BUILDING F AS THE W. HARMON TURNER BUILDING
- ADOPTED
I assume that in discussing the setting of the agenda, we agreed
that we could hear the naming of Building F --
COMMISSIONER BERRY: Yes.
CHAIRWOMAN MAC'KIE: -- as the first item?
COMMISSIONER BERRY: Yes. And if we could turn that over to Mr.
Neno Spagna, who will lead this --
CHAIRWOMAN MAC'KIE: That would be lovely. Is he here?
COMMISSIONER BERRY: He is. He was.
CHAIRWOMAN MAC'KIE: There he is. Come on down. What a great
idea, whosever this was.
MR. SPAGNA: Good morning, Mrs. Chairperson, members of the
board. My name is Neno Spagna, and it is my pleasure to be part of a
group that will present this item to you.
This is not a resolution regarding normal county business, but
rather is a resolution about the history, the present and the future
of Collier County. This is a resolution honoring a man who is
synonymous with Collier County and with Collier County government. It
is a resolution that recognizes the direct link between one man, his
accomplishments, and the Collier County we know today. It is a
resolution honoring W. Harmon Turner.
Many of today's residents of Collier County have heard the name
Harmon Turner; however, most did not know him and, therefore, we come
today to give you a brief history of the life and accomplishments of
Harmon Turner. Several of his former employees and government
officials will help tell his story.
Harmon Turner hired me as a planning director of Collier County
in October, 1973. Together we worked on the county's first
comprehensive plan, the revision of the zoning regulations, and the
preparation of the subdivision plans.
Now here is Sam Colding, retired property appraiser of Collier
County.
Page 6
December 14, 1999
Sam?
CHAIRWOMAN MAC'KIE: Good morning.
MR. COLDING: Good morning.
CHAIRWOMAN MAC'KIE: Honored to have you here.
MR. COLDING: Thank you, ladies and gentlemen. It is a pleasure
to be here.
I come to speak on behalf of a late friend of mine, Harmon
Turner. Harmon was a true friend to me. He was a true pioneer of
Collier County and a good man whose name should not be forgotten.
Harmon moved to the county in 1934. He came here as an employee
of the state road department. He moved to Everglades City, which was
the county seat at that time. The population of the county then was
less than 4,000 people. The main roads in Collier County was Tamiami
Trail and Route -- and State Road 29.
In September of that same year, Harmon was hired by Collier
Corporation as their chief engineer at the salary -- salary of $125 a
month.
When the war started, World War II started, well, Harmon was
chosen to serve his country. And he served in that capacity -- in
that capacity during the duration of all that war.
We believe that a man such as Harmon Turner, who worked for the
county, worked to shape the future of Collier County, working behind
the scenes, no glory, but a man of this stature should be remembered.
Thank you. Now I'll give you Aubrey Rogers, former sheriff of
Collier County, retired.
CHAIRWOMAN MAC'KIE: Thank you, sir.
MR. ROGERS: Good morning.
CHAIRWOMAN MAC'KIE: Good morning.
MR. ROGERS: I'm Aubrey Rogers, retired sheriff of Collier
County. I first come to work for the Collier County Sheriff's Office
in 1957. As Sam said, our county seat. Everything we did was in
Everglades. I continued to work for the Collier County's Sheriff's
Office until 1988, when I retired as sheriff. During those years, I
worked very closely with Mr. Turner.
Mr. Turner was one of the best managers that I ever knew, and was
an easy man to work with. He was very concerned. He was always
available.
The end of World War II, he was honorably discharged from the
military with a rank of lieutenant colonel. In 1946, he returned to
Collier County to work with the Collier Companies. Because of the
growth in the county, the county needed an engineer, and the Colliers
agreed to let Harmon work as a county engineer on a part-time basis
and was paid one dollar per month. He served in this dual role until
1960.
In the late 1950's, Harmon Turner realized the need to move the
county seat from Everglades City to Naples. He organized public
support, identified the necessary financial arrangements to build a
new government complex.
Page 7
December 14, 1999
In the late 1950's, he oversaw the building of a new Gordon River
bridge over 40 -- on 41, as we today call Kelly's Fish House and Boat
Haven.
Tom Peak will give you some more information. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, Sheriff.
MR. PEAK: Good morning.
CHAIRWOMAN MAC'KIE: It's sort of old-timer's day around here
today, isn't it?
MR. PEAK: Hey, you could have gone all morning --
COMMISSIONER BERRY: I hope there's a lot of newcomers watching,
because this is very historical of Collier County. CHAIRWOMAN MAC'KIE: Who we are.
MR. PEAK: Thank you. My name is Tom Peak.
I had the privilege of serving from 1968 to 1973 as the county
engineer under County Manager Harmon Turner. Back in 1960, Harmon
Turner was hired as the county's first full-time county engineer. As
the county engineer, he was responsible for many aspects of county
government.
When Hurricane Donna struck a direct hit on Collier County in
1960, Mr. Turner worked with the community, the National Guard and the
federal government in the long cleanup effort. He led the recovery
process.
During the next two years he supervised and designed the
construction of Buildings A, B, C and D, the first development on this
present Collier County government center site. Later, as the county
manager, he was responsible for the construction of Building F, this
building we're in today, and the one we're asking you to name in his
honor.
With his background as an engineer, Mr. Turner had a vision of
many things to come in Collier County. He realized that the county
must have major road development. He worked with the State of Florida
in the late 1960's to acquire the necessary right-of-way for a new
road to the east coast. We now know that road as Alligator Alley.
He wrote the county's first subdivision regulation, grandfather
of our current Land Development Code. He developed the county
cemetery in Immokalee. He updated the county airport at Everglades
City and Immokalee, after securing FAA funding. He began the county's
efforts to create his own water and sewer utility system. And he
created the county parks and recreation department, to name a few.
Soon after I started working for Harmon Turner, he told me that
although my paycheck came from the Board of County Commissioners, that
we really worked for all of the people of Collier County. It was our
job to help people solve problems in a timely, efficient and courteous
manner.
I think Harmon Turner was an outstanding model of all of the
positive characteristics of a public servant. And he expected those
that worked for him to demonstrate those same characteristics.
I think it is very appropriate to name this building the Wo
Harmon Turner building in his honor. Thank you very much. I now want
to present Irving Berzon.
Page 8
December 14, 1999
CHAIRWOMAN MAC'KIE: Thank you.
MR. BERZON: Good morning, commissioners. My name is Irving
Berzon. I'm a former Collier County engineer, public works director
and utilities manager. I wish to express my appreciation and thanks
to all of you for affording our committee the opportunity to
memorialize Harmon Turner. And very briefly, I'd also like to share
my experiences and impressions of Mr. Turner.
I joined the Collier County government in January of 1973. And
Harmon Turner was my boss for approximately the first two years of my
tenure with the county. I had just come from the private sector where
I spent 25 years, and I didn't know what to expect in this new
environment working for local government as a county engineer.
I said that Mr. Turner was my boss. That is not totally correct.
He was really my mentor, my guide, and above of all, he also became
my friend.
In January of 1973, Collier County was just beginning the
phenomenal growth we see all around us today. New water management
and land development legislation had just been enacted on both the
federal and state levels. This new legislation was strange to
everyone. And the county, like all other governmental bodies, was
trying to find its way through this somewhat of a morass.
Harmon told me what needed to be done, and there was much that
had to be done. He also told me to call on him if I needed his help,
and then he let me 9o ahead to start the many tasks that lay ahead.
Although there was no micro management on his part, I never felt
alone. Harmon was always there with a suggestion and an idea whenever
I came up against an obstacle.
Mr. Turner's help -- with Mr. Turner's help and guidance, we set
the foundation for the county's present and today infrastructure and
standards for development. Under his direction we wrote the first
comprehensive subdivision regulations, the predecessor of the present
day land development codes. We planned and built the North Naples and
Immokalee sewer system and treatment plants. These projects were
initiated earlier when Tom Peak was county engineer. These facilities
became the nucleus for the present county water and sewer utility
system.
During this time the Naples landfill was removed from the Naples
Airport and relocated to its present site. The scheme for the present
day roadway system was initiated under the State of Florida's
five-year roadway plan. Many other programs were initiated which
guided and supported future development and growth of Collier County.
And as Tom Peak said, this very building was planned and constructed
under Mr. Turner's supervision.
In all of these activities, Mr. Turner's love and devotion to
Collier County was evident everywhere and to everyone. Under Harmon
Turner's direction, my introduction to county government was both
creative and productive; more like being in private industry than in
the bureaucracy I feared I was getting into.
Harmon Turner was truly a gentleman in the finest sense of the
word. You could always count on his guidance, his help, and most of
Page 9
December 14, 1999
all, his support, as long as you were doing the job to the best of
your ability. My years under Mr. Turner's supervision prepared me for
the years that followed, years that evolved into a period of turbulent
and rapid growth for Collier County.
It was my privilege and honor to have served under Harmon Turner,
a gentleman, a professional engineer, a manager, and a very supportive
friend.
I now wish to introduce Mr. Neil Dorrill, former county manager
and certainly no stranger to all of us. Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you.
MR. DORRILL: Good morning, commissioners. Merry Christmas.
CHAIRWOMAN MAC'KIE: Merry Christmas.
MR. DORRILL: I am the last speaker this morning and privileged
to be here this morning.
I had the very high distinction and honor to serve as your county
manager for 10 years, from 1987 until '97. But within 24 hours of
arriving in Collier County 20 years ago, almost to the day, at the end
of my first 24 hours I met Harmon Turner. And I met him at church on
a Sunday morning. And we had never met. He had obviously heard of me
and he looked up at me, because as you know, if you met Harmon, he
wasn't a very tall man in stature. But he looked up at me and he
says, "Well, my goodness, you're the kid I've heard about that they've
hired to go to work in the county manager's office." It took me
almost 10 years to shake the designation as the kid around here.
But Harmon Turner, as you have heard this morning, was a truly
remarkable man whose commitment and whose quality, whose dedication
and whose personal integrity and desire for public service have truly
shaped our county for 40 years.
In 1995 I had the very high distinction of recognizing the 25th
anniversary of professional manager form of government in our county,
and the great reputation that Collier County enjoys throughout the
State of Florida for its commitment to appointed public management in
the office of county manager. I will tell you that Harmon Turner
certainly set the standard for those of us who followed in his
footprints.
And in the county manager's conference room downstairs on the
second floor, there are a series of pictures. And Harmon Turner's
picture is first. You know, there is a much overused cliche in golf,
usually when one of the pros drives his ball off the tee. Someone in
the crowd will invariably say, "you're the man." Harmon Turner was
the man, from my perspective, as county manager of this county for
many, many years.
I do recall, in conclusion, that in 1995 Harmon couldn't be with
us. But his grandson Kyle was here that day, and he is here today in
the audience.
Kyle, would you stand?
He and the rest of his family. His son Gene is here. And it's
an honor to be here this morning and to request very respectfully your
consideration of this request. Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
Page 10
December 14, 1999
COMMISSIONER BERRY: Madam Chairman, I'd like to move approval of
this particular --
COMMISSIONER NORRIS: I'll second that.
CHAIRWOMAN MAC'KIE: Motion and a second. Is there any further
discussion?
If not, with our gratitude for having brought this to our
attention, I will call the question.
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: And that passes unanimously.
I would love to get to shake Mr. Turner's hand, if he wouldn't
mind coming up and --
MR. TURNER: That's Kyle.
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
(Applause.)
CHAIRWOMAN MAC'KIE:
family?
MR. TURNER: Yes.
I think you ought to introduce his son.
I was hoping --
Well, let's get the family --
If the family would all come up.
Judge, could we get you to introduce the
Just take a moment. My wife Linda, my son
Kyle, and we have two others, Alexis is in school and my other boy, my
27-year-old, is working, Ryan. Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you so much.
(Applause.)
COMMISSIONER BERRY: Madam Chair, I'd just like to add that when
I first started into the political world back in 1984, as you well
know, you always go around and visit with people who have been
involved in the community for a while, and one of the first people
that I spoke with was Harmon Turner, and received encouragement to run
for public office. And he was always good counsel and a great guy to
sit and talk with, and certainly had a historical point of view of
Collier County.
CHAIRWOMAN MAC'KIE: Will the -- what will be the process at this
point for getting the plaques or whatever is appropriate to indicate
the name?
MR. FERNANDEZ: We'll take care of that 'with facilities.
COMMISSIONER BERRY: I think Neno is --
CHAIRWOMAN MAC'KIE: Dr. Spagna is working on that?
COMMISSIONER BERRY: He can elaborate on that process a little
bit .
CHAIRWOMAN MAC'KIE: Good.
MR. SPAGNA: The next step will be preparing the plaques and
whatever signage is necessary.
I would like to mention that this will all be done by private
subscription, at no cost to the government. And Mary Morgan and Dr.
Richard Woodruff will be working on that. And as soon as we have the
plaque, we will be back and talk with you and set up an appropriate
time for the official dedication and the placement of the monument.
Page 11
December 14, 1999
CHAIRWOMAN MAC'KIE: Wonderful.
MR. SPAGNA: I do want to thank you, on behalf of everyone. And
as you can tell, all of us that had the privilege of being part of his
life are very grateful, and we are very honored and privileged. And
thank you.
CHAIRWOMAN MAC'KIE: Thank you, Dr. Spagna. We appreciate all of
you bringing this forward for the good of all the county, and
especially that little bit of history that you shared with us. When
we're as young as we are as a community, sometimes we lose sight. And
we're lucky to have those of you who lived it to be here to tell us
about it. And hopefully it will get recorded and we can all share it
with our kids and grand kids. Thank you for coming.
Page 12
1 1999
RESOLUTION NO. 99- 4 7 4
A RESOLUTION RENAMING THE ADMINISTRATION BUILDING A/K/A
BUILDING F AT THE COLLIER COUNTY GOVERNMENT CENTER
THE "W. HARMON TURNER BUILDING."
WHEREAS, Wilbur Harmon Turner received his B.S. degree in Civil Engineering from
the University of Florida in June, 1934, and moved to Collier County in August, 1934, working
with the State of Florida's Road Department; and
WHEREAS, in September, 1934, Harmon Turner went to work in the Engineering
Department of the Collier Company; and
WHEREAS, Harmon Turner worked on a survey crew that did the early re-surveying of
Collier County; and
WHEREAS, Harmon Turner served in the U.S. Army Corps of Engineers as a Lt. Colonel
in World War II, beginning in 1940; and
WHEREAS, Harmon Turner returned to Collier County working for the Collier Company
part-time as the County E~gineer in ~ 946; and
WHEREAS, Harmon Turner supe~ised '~he transpo~ of the, pa~s of the "swing bridge"
from Punta Gorda to Goodland where it was assembled on State Road 92 and where it served
until the mid 1970's; and
WHEREAS, Harmon Turner was named Collier County's first full-time County Engineer
in October, 1960, and first Director of Public Works in March, 1969; and
WHEREAS, Harmon Turner was instrumental in the movement of the county government
center from Everglades City to East Naples and supervised the construction of the new Collier
Government Center buildings and facilities - Buildings A through F; and
WHEREAS, Harmon Turner was instrumental in the acquisition of Collier County's
portion of the right-of-way for Alligator Alley; and
· WHEREAS, Harmon Turner was named Collier County's first County Manager on April
14, 1970, and served in that capacity until his retirement in October, 1974; and
WHEREAS, Harmon Turner was responsible for financing the construction of Building F
in the early 1970's so that the County's facilities could better meet the iiemands of the County's
growth.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Board of
- 1 -
County Commissioners wishes to recognize the many contributions of Wilbur Harmon Turner to
Collier County and its citizens by naming the current Administration Building a/k/a Building F at
the Collier County Government Center the "W. Harmon Turner Building."
This Resolution adopted thist~/~day of ~1999 alta' motion, second
and majority vote favoring same.
.-': ;. ~ATTEST: ::..'.?-i '*-..
~ .,~ :.:~DWIG~;.E. BROCK, CLERK
. ~'2~ ?, ~ ~.:d;i,~'' . ~-,--, ~,,.~
· '...3. :," :~'-'7;a3,. "' ,-7 :' , :'
'.:' , ,':VI¥~?.~:':' : ¢',"' ;):; ::
,C. ".'%%', ':;, . ~-':-.,;c .' .~
;. ;.-; ,... ,." ....~,. ,:.~
Attest as tO (;hatrman's
signature on11.
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B
County Attorney
H:public/ddaJre~olutiom/1999/harmon tamer building
- 2 -
December 14, 1999
Item #SA1
PROCLAMATION RECOGNIZING FRIENDS OF THE COLLIER COUNTY MUSEUM, MUSEUM
OF THE EVERGLADES AND ROBERTSw RANCH - ADOPTED
We will get back to our regular agenda at this point, and
Commissioner Berry has proclamations.
COMMISSIONER BERRY: Yes, I do. If I could have Ms. Liesa
Priddy, who is president of Friends of Roberts Ranch. I know Liesa's
here. I don't know if Claudia Davenport is here.
CHAIRWOMAN MAC'KIE: Yeah, there she is.
COMMISSIONER BERRY: I'm sorry, Claudia, I didn't see you. She
is president-elect of Friends of the Museum of the Everglades. Mr.
Ron Marigold, who is president of Friends of the Collier County Museum.
And Ms. Donna Ridewood, manager of the Collier County Museum. And
I'd like to read the following proclamation:
WHEREAS, the Friends of the Collier County Museum, Friends of the
Museum of the Everglades and Friends of Roberts Ranch have taken a
leadership role in the growth and development of Collier County's
historical museum as a cultural and educational resource for the
community; and
WHEREAS, the Friends of the Museum, since its inception in 1986,
working in partnership with Collier County government have contributed
more than 2.5 million dollars worth of professional services and
long-term benefits in the way of new construction, artifacts and
exhibits, botanical gardens and historic buildings; and
WHEREAS, the Friends have provided a base of sound financial
support for school and family-centered activities, such as the annual
Old Florida Festival, the Museum Express Program, and a wide variety
of lectures, conferences and special exhibitions to stimulate greater
public appreciation of Collier County's unique heritage; and
WHEREAS, the Friends' organization have actively encouraged
broader community interest and support of the county's museums through
volunteers who contributed more than 8,900 hours of service and
assisted over 7,000 local students in fiscal year 1998.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County, Florida that sincere gratitude and
appreciation is extended to the officers, directors, members and
volunteers of the Friends of the Collier County Museum, Museum of the
Everglades and Roberts Ranch, who generously contribute their time and
talent to ensure that the richness and diversity of our historical and
cultural heritage is responsibly preserved for the benefit of present
and future generations of citizens.
DONE AND ORDERED THIS 14th day of December, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
Madam Chair, it is my pleasure to move this proclamation.
COMMISSIONER NORRIS: Second.
CHAIRWOMAN MAC'KIE: Ail in favor, please say aye.
(Unanimous votes of ayes.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Page 13
December 14, 1999
(Applause.)
COMMISSIONER BERRY: If you'd like to say something, you're
welcome to.
MR. MANGOLD: If I may.
CHAIRWOMAN MAC'KIE: If you would at the microphone, please, sir.
COMMISSIONER BERRY: At the microphone, please. Go to the
microphone.
CHAIRWOMAN MAC'KIE: How appropriate that this would follow Mr.
Turner.
MR. MANGOLD: Thank you very much. On behalf of the board of
directors and all the Friends of the three museums here this morning,
we would like to thank the commissioners for their support, not only
to the staff but to the Friends and all those volunteers who have
helped make the three museums what they are today.
And if I may put in a little plug right now, those of you who
missed the Old Florida Festival the first weekend of November of last
year, we've done it for 11 years, it will be the 12th year next year,
and we invite all of you to come down here, because that's our main
show and we're very proud of what we do. So thank you very much.
CHAIRWOMAN MAC'KIE: Bring the kids to that. That's something to
see. Thanks.
(Applause.)
Page 14
PROCLAMATION
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Friends of the Collier County Museum, Friends of the Museum of the
Everglades and Friends of Roberts' Ranch have taken a leadership role in the
growth and development of Collier County's historical museum as a cultural
and educational resource for the community; and,
the Friends of the Museum, since its inception in 1986, working in
partnerShip with Collier County Government, have contributed more than
$2.$ million worth of professional services and long-term benefits in the way
of new construction, artifacts and exhibits, botanical gardens and historic
buildings; and,
the Friends have provided a base of sound financial support for school and
family-centered activities such as the annual Old Florida Festival, the
Museum Express program and a wide variety of lectures, conferences and
appreciation of Collier County's
unique
benl
Fiscal
talent to
who
7,000 local
of Collier
the
Collier
who
the
DONE AND ORDERED
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ~
December 14, 1999
Item #5A2
PROCLAMATION RECOGNIZING MR. GIL MUELLER FOR HIS DEDICATION,
CONSISTENT HARD WORK AND VALUABLE ASSISTANCE TO THE CITIZENS OF
COLLIER COUNTY AND THE COUNTY,S PARKS AND RECREATION DEPARTMENT -
ADOPTED
CHAIRWOMAN MAC'KIE: And next, Commissioner Carter.
COMMISSIONER CARTER: Yes, proclamation this morning recognizing
Mr. Gil Mueller. Would Mr. Mueller please come forward? He's here
with us this morning.
CHAIRWOMAN MAC'KIE: That's great. Come on up.
COMMISSIONER CARTER: Turn around and face the cameras so
everybody in TV land can see your smiling face this morning.
WHEREAS, the Collier County Parks and Recreation Advisory Board
is a group of volunteer citizens. It gives of their own time to
provide significant input and advice to Collier County government; and
WHEREAS, the Parks Department, since the initial park bond issue
of 1986, face the significant period of growth and development; and
WHEREAS, during the period the department has contributed
significantly to the quality of this community's life, adding 20 new
parks, 1,358 additional acres of park land and green space; and
WHEREAS, Gil Mueller was originally appointed to serve as a
member of the parks and recreation advisory board in 1989; and
WHEREAS, Mr. Mueller continued to serve for 12 years, gave
countless hours of his personal time and provided experience and
guidance during his formative years to the department's development;
and
WHEREAS, Mr. Mueller assisted -- assistance was instrumental and
valuable in developing one of the finest county parks and recreation
systems in the United States.
NOW THEREFORE, be it proclaimed that the Board of County
Commissioners of Collier County, Florida, that the efforts of Mr. Gil
Mueller have warranted this proclamation, a special recognition in
appreciation on behalf of the Board of Collier County Commissioners
for his dedication, consistent hard work and valuable assistance to
the citizens of Collier County, and the county's park and recreation
department.
DONE AND ORDERED THIS 14th day of December, 1999, Board of County
Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman.
I move, Madam Chair, that we move this proclamation.
COMMISSIONER CONSTANTINE: I'm going to second. And I just want
to make a brief comment. You know, once in a while you get lucky,
whether you're in the private sector or the public sector, and you get
an employee who has great dedication and great long-term vision. We've
got a guy volunteering since the late Eighties who has those two
things. We haven't paid him a penny. But when you look at how our
parks have evolved since '87, it's just -- he's done a lot of good
work. Thanks.
CHAIRWOMAN MAC'KIE: Is that a second?
Page 15
December 14, 1999
COMMISSIONER CONSTANTINE: I'll second.
CHAIRWOMAN MAC'KIE: Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes, with our gratitude.
(Applause.)
Page 16
PR OCLAMA TION
WHEREAS,
the Collier County Parks and Recreation Advisory Board is a group of
volunteer citizens that gives of their own time to provide significant input and
advice to Collier County Government; and,
WHEREAS,
the Parks Department has, since the initial park bond Issue of l 986, faced a
slgnificant perlod of growth and development; and,
WHEREAS,
during this period, the Department has contributed significantly to the quality
of this community's life, adding 20 new parks and 1,358 additional acres of
park land and green space; and,
Gil Mueller was originally appointed to serve as a member of the Parks and
Recreation Advisory Board in 1989; and,
WHEREAS,
WHEREAS,
NOW
Mr. Mueller
personal
years
and the
hours of his
during the formative
ass~.~t~:~~enta! tihd':~~i?~g developing one of
Com~b~rs of Collier
and appreciation on
his dedication,
Citizens of Collier County
DONE AND ORDERED THIS 14th Day of December 1999.
A
BOARD OF COUNTY COMMISSIONERS
D
December 14, 1999
Item #5A3
PROCLAMATION RENAMING GOODLAND BAY TO BUZZARDS/ BAY SOUTH - a~OPTED
CHAIRWOMAN MAC'KIE: I can't think of an appropriate segue for
this next proclamation, Commissioner Norris, so I'm going to turn this
one over to you.
COMMISSIONER NORRIS: Hysterical.
CHAIRWOMAN MAC'KIE: Hysterical.
COMMISSIONER CONSTANTINE: Could we ask Mr. Gober to please step
forward for this next proclamation.
CHAIRWOMAN MAC'KIE: I've never had --
COMMISSIONER NORRIS: If you could move forward here, Mr. Gober,
and turn around for the cameras, please.
CHAIRWOMAN MAC'KIE: I've never had the privilege of seeing the
lope, so --
COMMISSIONER NORRIS: Well, you're in for a treat.
COMMISSIONER BERRY: Maybe Mr. Stan could do the Buzzard Lope.
MR. GOBER: You want me to do some of the Buzzard Lope?
COMMISSIONER BERRY: Do a little of the Buzzard Lope here.
COMMISSIONER NORRIS: Let me just read this first, Stan, then
we'll get into that.
WHEREAS, in Goodland, Florida, there exists a well-known
restaurant called Stan's Idle Hour Seafood Restaurant (Stan's); and
WHEREAS, at Stan's patrons engage in an activity that can loosely
be described as a dance known far and wide as the Buzzard Lope; and
WHEREAS, in keeping with the spirit of the widely renowned
Buzzard Lope, the Board of County Commissioners has been requested to
name as Buzzards' Bay South that small saltwater inlet north of and
adjacent to Stan's; and
WHEREAS, after due deliberation, the board has decided to name
the subject small saltwater inlet Buzzards' Bay South; and
WHEREAS, there exists in Cape Cod Bay, Massachusetts a larger
body of saltwater called Buzzards Bay, which should not be confused
with Buzzards' Bay South of Goodland, Florida.
NOW THEREFORE, be it proclaimed by the Board of County
Commissioners of Collier County Florida, that that small saltwater
inlet north of and adjacent to Stan's Idle Hour Seafood Restaurant,
Goodland, Florida, never previously having being named by Collier
County, nor insofar as we have been able to ascertain by the
Government of the United States, the National Oceanographic and
Atmospheric Administration, the State of Florida, or any other
governmental entity having jurisdiction, is hereafter to be known
locally as Buzzards' Bay South. The small saltwater inlet to be known
locally as Buzzards' Bay South -- for those of you with GBS -- is
located at approximately latitude 25 degrees, 55 minutes, 33 seconds
north and longitude 81 degrees, 38 minutes, 54 seconds west.
DONE AND ORDERED this 14th day of December, 1999 by the Board of
County Commissioners, Collier County, Florida.
Page 17
December 14, 1999
And Madam Chairman, I would like to move that we accept this
proclamation, assuming that we can have Mr. Gober demonstrate for us a
little bit of the Buzzard Lope.
COMMISSIONER CARTER: I'll second that.
COMMISSIONER BERRY: I'll second that.
CHAIRWOMAN MAC'KIE: Okay.
MR. GOBER: Excuse me, it's a little early for me. It's hard to
get my breath.
knyway, I wrote this song 16 years ago, called the Buzzard Lope.
And we use it at a contest every year the weekend before the Super
Bowl when have the Mullet Festival in Goodland, and the gals make
feathered costumes and get in this contest with the Buzzard Lope
dance. And the audience approves a winner, and we get our Buzzard
Lope queen every year that way.
Now, if you think this ain't a big deal, I want to tell you, we
got 'em from New York, Minnesota, Ohio, Michigan, Isle of Capri,
Goodland, Fort Lauderdale, and Naples, all these queens.
CHAIRWOMAN MAC'KIE: Naples?
MR. GROEBER: Yes.
CHAIRWOMAN MAC'KIE: Lord have mercy.
MR. GOBER: This is our 16th year coming up this January for the
Buzzard Lope for the Mullet Festival. Anyway, it goes like this. The
song's all about the buzzards. It just kind of come to me.
Going down the highway feeling fine. Doing 95 and right on time.
I just said that for a joke. Looked up ahead, saw something in the
highway looked dead. And we've all seen this. A bunch of buzzards
standing around, looking at a little something dead on the ground.
They all stepped back, with a lot of hope, start doing the Buzzard
Lope. Doing the Buzzard Lope.
(Applause.)
Doing the Buzzard Lope. Take a step back around, go around and
around. Looks like you're on dope, but you was doing the Buzzard
Lope.
(Applause.)
CHAIRWOMAN MAC'KIE: Could we get a second for that motion?
COMMISSIONER BERRY: You have a second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
(Unanimous votes of ayes.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Thank you, sir.
COMMISSIONER BERRY: Hey, could you give us. a few lessons here on
how to do this?
CHAIRWOMAN MAC'KIE: At the microphone this time.
COMMISSIONER CARTER: Hey, we may have a crowded agenda, but we
sure have some fun.
MR. GOBER: I'd like to invite all you folks out to the Mullet
Festival this year, if you can. It's on the 22nd, 23rd this year.
That's Saturday and Sunday. And I'd like to thank my good friend back
there, Lou Ruskinski (phonetic) that caused that -- that initiated
this thing. I've had several people that tell me, and a year's gone
Page 18
December 14, 1999
by, oh, Stan, we're going to name this little bay after you here in
honor of you, and some stuff as this.
But this man, I met him at the film festival this year at the
Yacht Club on Marco Island, and we were talking about Buzzards' Bay up
north, this, that and the other. I have three half-sisters and a
half-brother up in that area in Boston. My dad was a rover from
Alabama to Boston. And we've got four little brothers and sisters up
there. And they're going to be thrilled about this, too, okay? Thank
you very much. You all have a great Christmas and a great day. God
bless you.
(Applause.)
COMMISSIONER CONSTANTINE: I move we adjourn and just call it a
day. It doesn't get any better than that.
Page 19
PR O'CLAMA TION
WHEREA&
in Goodland, Florida, there exists a well-known restaurant called "Stan's Idle
Hour Seafood Rbstaurant" ("Stan 's"); and,
WHEREAS,
at Stan's, patrons engage in an activity that can loosely be described as a
"dance" known far and wide as the "Buzzard's Lope"; and,
WHEREAS,
itt keeping with the spirit of the widely renowned "Buzzard's Lope," the Board
of County Commissioners ("Board") has been requested to name as
"Buzzards' Bay South" that small saltwater inlet north of and adjacent to
Stan 's; and,
WHEREAS,
after due deliberations, the Board has decided to name the subject small
saltwater #det "Buzzards Bay South';' and,
WHEREAS,
NOW
there exists itt
"Buzzards Ba
a larger body of saltwater called
..... with "Bu~ards' Bay South"
Coi
o
any bihe~',~b~J'~l e. tity ha
Iocali~' ~""Buzzards'
North;
of Collier
Idle Hour
~d, Florida, never
we have
the
,n, the State of
is hereafter
Bay South" is
minutes, 33 seconds
,54 seconds West.
DONE AND ORDERED THIS 14tn Day of December, 1999.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
December 14, 1999
Item #SB
EMPLOYEE SERVICE AWARDS - PRESENTED
CHAIRWOMAN MAC'KIE: Instead, however, we're going to turn to you
to provide service awards.
COMMISSIONER CONSTANTINE: Fair enough. Apparently fall and
early winter are good recruiting times. We've got a number of service
awards to give away.
First we'll do the five-year service awards. And if you'd join
me in congratulating Joyce Brantley from traffic operations,
celebrating five years with us.
(Applause.)
COMMISSIONER CONSTANTINE: We have a certificate and the coveted
five-year pin. Your ruby stone. Thank you very much.
Also celebrating five years with us, Stephen Chandler, from road
and bridge.
(Applause.)
CHAIRWOMAN MAC?KIE: How appropriate for -- you guys are the
lucky ones to get to be here and hear about Harmon Turner. I'm glad
we did that out of order so you could hear it.
Thank you for your work.
COMMISSIONER CONSTANTINE: From purchasing, getting a five-year
pin is Ann Cardenas.
(Applause.)
COMMISSIONER CONSTANTINE: From our library, Nancy Schaffer, with
her five-year pin.
(Applause.}
COMMISSIONER CONSTANTINE: And also from the library, Ann
Catherine Viets, five years.
(Applause.)
COMMISSIONER CONSTANTINE: Mr. Weigel says hi, by the way.
And now we move on to the 10-year pins. People joined us in the
Eighties. Rounding out the -- arguably rounding out the millennium
with our 10-year pin.
CHAIRWOMAN MAC'KIE: Don't start.
COMMISSIONER CONSTANTINE: Don't tell Commissioner Norris that
it's the turn of the millennium, though.
Joseph Griffith, 10 years.
(Applause.)
COMMISSIONER CONSTANTINE: What is the yellow stone?
CHAIRWOMAN MAC'KIE: Citron. Let's go with citron.
COMMISSIONER CONSTANTINE: Thank you.
CHAIRWOMAN MAC'KIE: What else could it be?
COMMISSIONER CONSTANTINE: From planning services, Barbara
Burgeson.
(Applause.)
COMMISSIONER CONSTANTINE: Commissioner Berry has suggested it's
a yellow diamond.
Page 20
December 14, 1999
COMMISSIONER BERRY: Or canary diamond. Nothing cheap about this
county.
CHAIRWOMAN MAC'KIE: This meeting's going to be hard to pull back
into work, I can see that.
COMMISSIONER CONSTANTINE: Building review permitting, Margaret
Wright, 10 years.
(Applause.)
COMMISSIONER CONSTANTINE: And the library, big winners today.
Marilyn Norris has 10 years with us.
(Applause.)
COMMISSIONER CONSTANTINE: And our big winner today, with 15
years in service with the county, working with our parks and
recreation, Janine McPherson.
(Applause.)
COMMISSIONER CONSTANTINE: The seldom seen blue stone on that
pin.
COMMISSIONER NORRIS: Blue diamond.
COMMISSIONER CONSTANTINE: Blue diamond.
I believe that concludes our items today.
Blue ice.
Item #5C1
JULIO TORRES, CUSTOMER SERVICE REPRESENTATIVE II, PUBLIC WORKS
ENGINEERING DEPARTMENT, RECOGNIZED AS EMPLOYEE FOR THE YEAR FOR 1999
CHAIRWOMAN MAC'KIE: It does, but now we would like to recognize
the employee of the year. If Julio Torres would come forward, please.
(Applause.)
CHAIRWOMAN MAC'KIE: I have just a little something to read, and
then we'll move on to your presentation.
Julio Torres has been employed with Collier County since 1998,
working in the public works engineering department. As a Customer
Service Representative II, Julio's job is full of many demands from
the public, as well as his co-workers. He meets this challenge every
day in a very patient, professional manner.
Julio has developed a personal office log for his department,
which consists of general duties and actions, taken on daily
situations, which has resulted in higher productivity. Julio also
developed a systematic mechanism for tracking the county vehicles.
This system can give information on each department vehicle, from the
mileage on the vehicle to ensuring the vehicle's insurance cards are
current and posted.
Julio is responsive and professional in responding to customers.
On numerous occasions he has escorted customers to the door, while
giving them directions to other offices located on the campus.
Julio is an alert, self-disciplined employee with a very positive
attitude, and is very deserving of the recognition of employee of the
year.
We have a $250 -- I almost said thousand -- $250 cash award.
COMMISSIONER CONSTANTINE: That's a bonus.
Page 21
December 14, 1999
CHAIRWOMAN MAC'KIE: And we have a plaque that we hope that you
will display and our sincere gratitude for your wonderful work. And I
understand you want to say a few words?
MR. TORRES: Yes.
CHAIRWOMAN MAC'KIE: Accept the congratulations of the
commissioners, if you would, and then feel free.
MR. TORRES: Just dropped a $200,000 check. Sorry for the joke.
Sometimes I joke too much. But I just want to say a few quick words.
Just like several months ago, dating back in May when I was lucky
enough to win the employee of the month award, that was great. But
this is even better in itself. I mean, every once in a while, you
know, you work with a great bunch of people, and these are no
exception. They always help you every step of the way.
But on behalf of all the people, all the parties during the
course of the year that have won the employee of the month and to all
of the outstanding employees that help me out every step of the way
every day, I just want to say thank you. Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you, sir.
(Applause.)
COMMISSIONER CARTER: Madam Chair, before we move into our
agenda, I think we ought to recognize another special person today who
is a very special person in our department. Today is Sue Filson's
birthday. And I might say, the heart and soul of our administration.
So all of us I think would like to extend her a very, very happy
birthday.
(Applause.)
CHAIRWOMAN MAC'KIE:
thank you for --
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
Everybody knows she runs the county, so
Does everybody know who Ms. Filson is?
Please stand, Ms. Filson.
Stand up, Ms. Filson.
COMMISSIONER CARTER: Shall we sing happy birthday?
(Happy birthday sung in unison.)
COMMISSIONER CONSTANTINE: This just couldn't get any better.
CHAIRWOMAN MAC'KIE: I've completely lost control of this
meeting. It's my last one as Chair, so it's appropriate I would just
completely lose control.
COMMISSIONER CARTER: Just having fun.
Item #12B1
ORDINANCE 99-96 RE PETITION PUD-99-7, BRUCE ANDERSON OF YOUNG, VAN
ASSENDERP, VARNADOE, AND ANDERSON, REPRESENTING THE NAPLES VANDERBILT
LAND TRUST, REQUESTING A REZONE FROM 'A' RURAL AGRICULTURE AND
ESTATES TO BE "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE PRC &
M PUD FOR PROPERTY LOCATED ON THE SOUTH SIDE OF VANDERBILT BEACH ROAD,
APPROXIMATELY ONE MILE WEST OF C.R. 951 - ADOPTED WITH CHANGES
CHAIRWOMAN MAC'KIE: Let's move on to Item 7(A), which is our
public petition. Linda Friar.
Page 22
December 14, 1999
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: You have the time certain item that we --
CHAIRWOMAN MAC'KIE: I'm so sorry, I forgot. 9:30. Thank you.
MR. FERNANDEZ: 12(B) (1).
CHAIRWOMAN MAC'KIE: 12(B) (1)?
MR. FERNANDEZ: Yes.
CHAIRWOMAN MAC'KIE: Thank you, Mr. Fernandez.
COMMISSIONER CONSTANTINE: This is the cemetery issue?
CHAIRWOMAN MAC'KIE: Yes, it is.
Will all persons wishing to be heard on this item please stand
and raise your right hand and be sworn by the court reporter.
(All speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: In the way of disclosure of ex parte
communications, I have met with the petitioner's representative.
COMMISSIONER BERRY: I have met with the petitioner's
representative, and I have certainly heard from the opposition.
COMMISSIONER NORRIS: As have I.
COMMISSIONER CONSTANTINE: I've met with the petitioner's
representatives and the whole street out there.
COMMISSIONER CARTER: I have met with the petitioner and received
a lot of correspondence from the opposition.
CHAIRWOMAN MAC'KIE: Yeah, I should add that I have received a
lot of correspondence.
Okay, thank you. We'll open the public hearing.
MR. BELLOWS: Good morning, Commissioners. For the record, Ray
Bellows.
The petitioner seeks to rezone the subject site from agriculture
and estates to PUD, to be known as the PRC&M PUD, to allow for public
cemetery and mausoleum.
As you can see on the location map, it's located on the south
side of Vanderbilt Beach Road and approximately one mile west of
County Road 951.
On the Future Land Use Map, the site is located in the yellow,
which is urban residential, which permits community facilities such as
churches and cemeteries.
COMMISSIONER CONSTANTINE: What is the brown?
MR. BELLOWS: That's the Estates' designation.
COMMISSIONER CONSTANTINE: Thank you.
MR. BELLOWS: The urban residential allows for cemeteries. The
elements of the Growth Management Plan dealing with traffic and
environmental have been set aside. The Environmental Advisory Board
approved this petition, subject to the vaults being sealed. The
petitioner has agreed to use concrete vaults that are sealed with each
burial.
COMMISSIONER BERRY: What about the lining in those vaults?
MR. BELLOWS: Excuse me?
COMMISSIONER BERRY: What about the lining in those vaults?
MR. BELLOWS: I'll let the petitioner's agents address that.
Page 23
December 14, 1999
COMMISSIONER CONSTANTINE: Quick question. I've gotten several
times, and I don't know the answer to, as you can look at this map,
you can see clearly there's a little notch carved out where -- MR. BELLOWS: That's correct.
COMMISSIONER CONSTANTINE: -- this is different. Do we know the
history on that, how that came to be?
MR. BELLOWS: I did a little bit of checking into it. It was
part of a previously -- agricultural subdivision that the property
owner wouldn't relinquish control of.
COMMISSIONER CONSTANTINE: Thank you.
MR. BELLOWS: So it was left out of the platting when Golden Gate
Estates was built.
COMMISSIONER CARTER: You want to run that by me again? It was
left out of the platting in Golden Gate --
MR. BELLOWS:' They didn't want to be part of the Estates'
subdivision, the previous property owner. It was used for
agricultural purposes.
COMMISSIONER CONSTANTINE: This would have maybe even been pre
Vanderbilt.
MR. BELLOWS: Yes, it's -- it goes way back.
COMMISSIONER CONSTANTINE: But there wasn't a road there at the
time.
MR. BELLOWS: To continue, the project will not generate trips
that exceed any level of service standards. Staff is recommending
approval subject to the conditions in the PUD document that also
include additional landscaping.
The applicant is here to go over the additional landscaping
buffer along Vanderbilt Beach Road and along the southern property
line. I'd be happy to answer any other questions.
COMMISSIONER CONSTANTINE: Questions for staff?
COMMISSIONER BERRY: The only question I have, in the first
statement that's in our packet it talks about allowing for public
cemetery/mausoleum/funeral chapel. And I know in some of the other
information it had mentioned something about assisted living facility.
Now, the assisted living facility has been dropped?
MR. BELLOWS: That's correct. The -- originally when the
petition was submitted, the applicant was not -- had not received
their state license for a cemetery. COMMISSIONER BERRY: Okay.
MR. BELLOWS: And they didn't want to go through the entire
process and not have the cemetery as their, use. So that would be an
alternative use.
COMMISSIONER BERRY: Okay, so --
MR. BELLOWS: But since they have their state license, they've
eliminated all reference to the ALF.
COMMISSIONER BERRY: All right. In regard to the funeral chapel,
what's the situation with that?
MR. BELLOWS: That is one of their permitted uses they are
requesting.
Page 24
December 14, 1999
COMMISSIONER BERRY: I would -- that would be one stipulation
that I would have. I don't believe that that -- I don't think we
should do that.
MR. BELLOWS: Well, yeah, they would have their administrative
offices in there. And Mr. Anderson can go into more detail, what uses
would be in the chapel.
COMMISSIONER CONSTANTINE: Other questions for staff before we go
COMMISSIONER BERRY: Well, and the reason -- the question is,
does this become, quote, a funeral home, okay? And I think that
that's the question.
MR. BELLOWS: That's -- we're not asking for a funeral home, just
the chapel.
COMMISSIONER BERRY: Okay. All right. I mean, if it's just a
chapel, that's one thing. But if it becomes like this is where you
can have, quote -- you know, in other words, they start -- they get
into the business of selling caskets, they get into the business of
doing that, then I don't -- then I can't support this.
MR. BELLOWS: No, in our SIC code, that's a separate category,
and that's not what they're asking.
COMMISSIONER CONSTANTINE: And what happens at the chapel then?
MR. BELLOWS: Just a moment of reflective services. And Mr.
Anderson can speak more to that.
COMMISSIONER CONSTANTINE: Maybe Bruce needs to answer that, but
that isn't an actual -- you don't have the funeral service at that
chapel? It's not an anticipated. But that's a good point.
COMMISSIONER BERRY: Or they could have a service and -- but
they're not in the business of selling products. COMMISSIONER CONSTANTINE: Right.
COMMISSIONER CARTER: Is staff going to address the issues of
what I'm going to refer to as health and safety in terms of all the
surrounding applications of this from the Environmental Protection
Agency to the state process to whoever's involved in this? Does staff
want to address those questions, or do you want the petitioner to
address it?
MR. BELLOWS: I'll let the petitioner start and then I'll be
happy to answer any --
COMMISSIONER CONSTANTINE: Let's let Mr. Anderson do his
presentation and then we'll -- I'm sure we'll have questions for both
him and you.
MR. BELLOWS: I'd also just like to point out that the Planning
Commission unanimously recommended approval also.
COMMISSIONER CONSTANTINE: Because I have a number myself, but
they'll probably be better addressed after he does his routine. Mr. Anderson?
MR. ANDERSON: Good morning, Mr. Chairman, members of the
commission. For the record, my name is Bruce Anderson, on behalf of
the petitioner. Thank you for hearing this matter at this time.
Page 25
December 14, 1999
I'd like to introduce the consulting team members that are here
today. Project planner, Greg Stuart. Engineers, Randy Banks and
David Underhill. And transportation engineer, Jim Banks.
I'm pleased to bring before you today a proposal for Palm Royale
Memorial Gardens, a park-like opened space use.
The state cemetery board in November -- October, excuse me,
issued approval for this cemetery at this location, based on a
determination that there is a definite demonstrated need for another
cemetery open to all citizens of Collier County, regardless of faith
or lack thereof. At present, there is only one such cemetery in all
of Collier County to serve a population of approximately 250,000
people.
At the conclusion of my remarks, I will introduce into the record
copies of correspondence and petitions previously received by the
County Commission in support of this petition. Included are letters
of support from a Rabbi and 12 pastors of congregations in Golden
Gate, North Naples, East Naples, and the City of Naples.
Although this petition is before you in the form of a PUD, I
would ask you to take note of the fact that on the 21 and a half acre
agricultural zoned parcel where development is limited to, a cemetery
is permitted as a conditional use under the existing agricultural
zoning. No development is proposed to occur on the approximately
4.4-acre estates parcel on the south side. It will be a preserve area
as a -- and provide a ll5-foot landscape buffer from Cherry Wood
Avenue right-of-way.
I'd also point out that 30 feet of Cherry Wood right-of-way
extends onto this property; a portion of which is vegetated and is an
addition to the ll5-foot of preservation area.
The petition presents a reduction in potential urban densities on
this property. The comprehensive plan would allow for up to four
units per acre for a total of more than 80 single or multi-family
homes on the property.
I will submit again at the conclusion of my remarks a statement
from our transportation engineer that the traffic generated by 75
multi-family homes on this property would approximate about 500 trips
per day, as compared to a cemetery generating approximately 121 trips
per day.
Similar reductions in future demands on other public facilities
can also be expected.
Palm Royale Memorial Gardens will be a quiet neighbor. It has
the attributes of a park with lush landscaping and more than 85
percent open space, but none of the drawbacks for our neighbors of a
public park. No athletic fields, no park lights at night, no
nighttime activities. Why would anyone object to that?
As soon as we learned that Island Walk and Cherry Wood Drive.
residents had questions and concerns regarding this petition, we
arranged to meet with them. Twice, in fact. Some of the folks at the
meetings were satisfied and happy to have such a quiet use proposed
for this property.
Page 26
December 14, 1999
We have diligently tried to address the concerns and questions of
all neighbors who are willing to work with us, and we have proposed
landscape buffer and performance standards for this project. Some
neighbors do not want a cemetery, period, so there is no way we could
address their concerns. And that is probably who you will hear from
today during the public hearing.
I'll distribute a copy of the landscape and buffer performance
standards that we've entered -- incorporated into the PUD document to
address these neighborhood concerns. If you would like for me to,
I'll be happy to highlight some of those, or you can simply read them
for yourselves.
CHAIRWOMAN MAC'KIE: I'm familiar with them. Are other board
members? Does anybody need highlights on that?
COMMISSIONER CONSTANTINE: Sure.
COMMISSIONER BERRY: I'd like to go ahead.
CHAIRWOMAN MAC'KIE: You would like to hear about them. Okay,
let's do. Good for the public to know, anyway.
COMMISSIONER BERRY: Absolutely.
MR. ANDERSON: Among the most important landscape performance and
buffer standards, we've committed to landscaping beds, combined with a
landscaped berm, ranging from three to five feet in height along
Vanderbilt Beach Road. That includes lakes. And the landscape
planning area will range from a minimum of 25 feet to 125 feet in
width.
Also we have -- in response to neighborhood concerns about
driving along Vanderbilt Beach Road and seeing gravestones, we have
provided a special setback for upright memorial stones. They are
required to be set back 115 feet from Vanderbilt Beach Road.
CHAIRWOMAN MAC'KIE: And how did you come to that number? Will
they be able to be seen?
MR. ANDERSON: No, not with our -- we have a line of sight
graphics. And with our undulating berm and setbacks, there will be
within that 115 feet, perhaps, flat stones. CHAIRWOMAN MAC'KIE: Of course.
MR. ANDERSON: We have committed to a mausoleum building setback
of 275 feet from Vanderbilt Beach Road, and 115 feet from Cherry Wood
Drive. The estates lot on the south side, consisting of 4.4 acres, is
being maintained as a native vegetation area. And as I earlier
described, it has a minimum width of 115 feet, plus 30 foot of
right-of-way that's on our property.
A portion of that right-of-way is also vegetated. This native
vegetation buffer area will be supplemented with 10 slash pines per
100 lineal feet at a minimum height of 10 feet. And these will be
cjustered to fill in any thin spots that may exist in this estates
preserve area after the exotics are removed.
Also, on the development portion of the parcel, where the
Memorial Gardens will be, we are planting a continuous hedge of native
plants along the southern boundary of the development area. Also,
minimum 10-foot high canopy trees will be planted at 25 feet off
center along this development area.
Page 27
December 14, 1999
We have limited the height of any buildings to 30 feet, not to
exceed two stories. This is five feet less in building height than is
allowed under the existing ag. zoning, under estates zoning, and under
the Island Walk PUD building height limits.
As the staff report notes, this PUD meets or exceeds the Land
Development Code requirements. I'll be happy to answer any questions
now, and I request the chance to respond to public comment before the
public hearing would be closed.
And lastly, an item I also want to introduce into the record is a
-- copies of the hearing transcripts from the Environmental Advisory
Council and Collier County Planning Commission hearings on this
petition, both of which advisory boards overwhelmingly recommended
approval.
CHAIRWOMAN MAC'KIE: Thank you. Any questions for Mr. Anderson
at this point?
Commissioner Constantine?
COMMISSIONER CONSTANTINE: Mr. Anderson, you talked quite a bit
about, and your handout includes a number of things, for the visual
appearance from Vanderbilt. Can we get in a little more on what the
appearance on Cherry Wood will be? That's the residential area back
there, and that's of great concern to them.
You mentioned one item, but I wondered if you could elaborate.
You mentioned the item if there have to be any exotics cleared, there
will be some replanting and some --
MR. ANDERSON: Yes, there is some exotics infestation on the
preserve area. Your code requires that we remove those. One of the
concerns we had at the -- had expressed at the neighborhood meeting
was when you remove those exotics, that it's going to be so thin that
we'll be able to, you know, see something. So we agreed to
supplemental plantings of the pines, slash pines, and also a native
vegetation hedge, all within the estates parcel.
And then as you jump over the drainage ditch that separates the
estates' part of our property from where the development will occur,
we are also committing to planting trees along the south side of the
cemetery site.
COMMISSIONER CONSTANTINE: Is there any access, any vehicular or
pedestrian access from the rear of the property?
MR. ANDERSON: None whatsoever, sir. We are preserving --
COMMISSIONER CONSTANTINE: Not for construction, not for
anything?
MR. ANDERSON: No, sir.
-- preserving the integrity of the residential area.
COMMISSIONER CONSTANTINE: Obviously then it won't have any
traffic impact on Cherry Wood, if it has that? MR. ANDERSON: No, sir.
COMMISSIONER CONSTANTINE: The traffic on Vanderbilt. I know
you've got a traffic engineer here, but traffic on Vanderbilt, how
will that alter -- not compared to what 80 homes would be, because I
don't believe this board would approve 80 homes on the same street
where homes are at one every two and a quarter. But in general, what
Page 28
December 14, 1999
are the raw numbers as far as traffic impacts for the project? What
do we expect to see every day?
MR. ANDERSON: On days that there is a service, a burial service,
121 trips per day. And that includes a car going in and coming back
out. And I would --
CHAIRWOMAN MAC'KIE: Excuse me, I'm going to ask you to turn
those cell phones off, if you would, please. Yeah, it's about the
third time.
MR. ANDERSON: And I realize that you all might not approve 75 or
80 homes on this piece, but I do think you might approve one home per
acre. And if we did that, we had one home per acre on these 25-plus
acres, you'd have double the traffic from single-family homes that you
have from this cemetery.
CHAIRWOMAN MAC'KIE: Okay, I've got to get that, because that's
news to me. Because I would like -- like Commissioner Constantine, I
wasn't particularly persuaded by the 80 homes, because I doubt that
that would happen. But one single-family home per acre produces
double the traffic of the proposed use? MR. ANDERSON: Yes.
COMMISSIONER CONSTANTINE: Couple other issues --
MR. ANDERSON: About 10 single-family homes generates about 10
trips per day.
COMMISSIONER CONSTANTINE: Couple other issues that have been
raised and I think are valid. Drainage issue. And just -- some of
the property up there, you know, when we get into estates zoning,
there's a tendency to get wet. A lot of that has been solved by
individual property owners. They have a concern. Are they now
suddenly going to be taking the runoff from this 25 acres?
MR. ANDERSON: No. The property itself is rimmed on all four
sides by drainage ditches. And it empties, as I understand it, into a
drainage ditch along Vanderbilt Beach Road and then empties into the
Harvey Basin Canal, which is along the east property line.
COMMISSIONER CONSTANTINE: And I know Commissioner Berry had
asked before about sealed vaults. But how -- I'm not familiar with,
in any great detail, with burials and so on. There have been a number
of issues raised as far as potential contamination from the chemicals
used for burial purposes over time as that degrades, dissolves, as we
turn back into dust. What is the potential impact on water? And
virtually everybody out there is on wells on Cherry Wood.
MR. ANDERSON: I'll briefly address that, and then if you want
some more detail, I'll ask the project planner to address that.
We have a 10 to 40-foot confining layer between the surficial
aquifer and the Tamiami Aquifer where the wells, private wells, you
have to go down that far generally to get decent water. For instance,
if we do on-site irrigation, we would be drawing from the surficial
aquifer, as opposed to the Tamiami Aquifer.
We also find that these drainage ditches that surround the
property would also carry -- carry anything away. We also have an
on-site -- we'll have to provide on-site treatment and attenuation in
a lake for the water management.
Page 29
December 14, 1999
And the matter of concern about contamination was extensively
discussed at the Environmental Advisory Board meeting, and that was
one reason that the stipulation was imposed about the sealed concrete
vaults, to address that concern.
CHAIRWOMAN MAC'KIE: I've got just a basic question. And I'm not
a science major, but which has a longer shelf life, the seals on the
vault or the formaldehyde in the bodies? Sounds like -- I mean, will
the -- everything's going to deteriorate eventually. So which lasts
longer?
MR. ANDERSON: I will let -- we've got some representatives of
the funeral industry here, and that is a question that I do not have
the answer to.
CHAIRWOMAN MAC'KIE: You understand my point, though. I mean,
which -- the seal's eventually going to deteriorate. Will the
formaldehyde have also dissolved, or whatever happens to it by then?
COMMISSIONER CONSTANTINE: That's a good question. Let me give
Bruce two more questions.
COMMISSIONER BERRY: If you think about it, you're putting a body
into a casket into a cement vault, okay? It's going to take a long
time.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
so --
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
100 years? I mean, I don't know.
I haven't dug anybody up recently to know,
I don't even want to think about it.
Well, I think the basic question is, is
whether those vaults can ever -- if those seals in the vaults in any
way would deteriorate so that the formaldehyde residue, the
carcinogen, ends up percolating into the water supply, and that is a
major issue that's been raised to me.
Which I would piggyback on that question, where does the EPA
stand, where does the cemetery commission stand on this? What about
our own legal department? I think they have been -- had this question
raised to them. So I think all those things have to be answered this
morning, Mr. Anderson.
MR. ANDERSON: Okay, I'll ask Mr. Stuart, who has looked into the
EPA reports on this matter.
COMMISSIONER CONSTANTINE: Just before you do that, two other
items. You talked about setbacks both from front and back. You
talked about the building would be 200 and something -- 50 from the
front?
MR. ANDERSON: Yes, sir.
COMMISSIONER CONSTANTINE: What did you say, 115 from the back?
MR. ANDERSON: 115 from the edge of the right-of-way easement --
COMMISSIONER CONSTANTINE: Okay.
MR. ANDERSON: -- from Cherry Wood. 30 feet from Cherry Wood is
on our property.
COMMISSIONER CONSTANTINE: Right. So it would be roughly -- it
would be 145 feet from --
MR. ANDERSON: The property line, yes, sir.
Page 30
December 14, 1999
COMMISSIONER CONSTANTINE: What about to the -- the other
concern, really, is the westerly line. That's where you get to the
residential component, the estates' residential component. Do we have
-- I'm sure we have a minimum setback. But are you stipulating
something greater than what the minimum setback is? If I own an
estates zoned lot, built my dream house, the last thing I'd want to
have is a mausoleum go up within 30 feet of my side setback. Maybe
not the last thing, but close to the last.
COMMISSIONER BERRY: If I couldn't see it.
COMMISSIONER CONSTANTINE: Landfill or a hog farm would probably
be the last thing, but -- not individual temporary hogs. A hog farm.
My wife had one, believe me, I wouldn't want to live within 30 feet of
it.
COMMISSIONER BERRY: I know. I grew up on one. Paid my way
through college. Don't knock hogs.
COMMISSIONER CONSTANTINE: They're wonderful --
COMMISSIONER NORRIS: Eating, but not --
COMMISSIONER BERRY: Great to eat.
COMMISSIONER CONSTANTINE: -- in their place. Not 30 feet from
my house, though.
COMMISSIONER NORRIS: Great friends. Everyone ought to eat one.
COMMISSIONER BERRY: Listen, that's walking gold.
CHAIRWOMAN MAC'KIE: Okay, back on to business here.
The answer?
MR. ANDERSON: 15 feet.
COMMISSIONER CONSTANTINE: Yeah, I've got to have something much
better than that, because that's just --
MR. ANDERSON: For the mausoleum building.
COMMISSIONER CONSTANTINE: Yeah, what other structures are you
looking at? I'm thinking in a mausoleum.
MR. ANDERSON: A chapel and administrative offices.
COMMISSIONER CONSTANTINE: Yeah, I don't know that I have --
that's not a whole lot different than -- if I was going to support
this, I don't know if that's a whole lot different than having a
house, actually. I don't think the chapel is necessarily particularly
offensive, but I'm not sure a mausoleum within 15 feet of the property
line is --
MR. ANDERSON: How about a setback that's equivalent to the
building height of the mausoleum? That would double it.
COMMISSIONER CONSTANTINE: I'm thinking more along the lines of
75 feet.
CHAIRWOMAN MAC'KIE: Why don't you consult with your client while
we --
MR. ANDERSON: I will.
CHAIRWOMAN MAC'KIE: -- get this other information.
COMMISSIONER CARTER: Another question, too, Mr. Anderson, is
will they have a workshop on premise? I mean, Memorial Gardens, we're
going through that same issue up in Vanderbilt. Will you have some
sort of facility there that needs to be constructed on the property,
and if so, where will it be and how will it affect the neighborhoods?
Page 31
December 14, 1999
CHAIRWOMAN MAC'KIE: You'mean like a landscape maintenance
building or something?
MR. ANDERSON: Yeah, it's a --
COMMISSIONER CARTER: Yeah, where they prepare the crypts,
whatever.
MR. BELLOWS: As you can see on the conceptual PUD master plan,
the applicant's proposing an operational maintenance facility building
in the southeast corner. The mausoleum will be somewhere centrally
located, and the chapel in the northwest corner.
CHAIRWOMAN MAC'KIE: So what are the issues, Commissioner Carter,
that have come up with that in the North Naples area?
COMMISSIONER CARTER: Well, there's a lot of problems with that
particular cemetery. But the maintenance facility was right next to
the neighborhoods and it was unsightly, and we're just now working to
get that removed -- moved to a different section of the plan.
CHAIRWOMAN MAC'KIE: So it's just aesthetics, not anything else.
COMMISSIONER CARTER: It's an aesthetics issue, yes.
COMMISSIONER BERRY: Is it like -- is it a building, Jim?
COMMISSIONER CARTER: It's a building and -- well, this place was
terrible. They were storing the vaults out in an open field where you
walk out of your house and you look through the fence and -- I mean,
that place is a disaster. And I don't want to mix apples with oranges
here, cemeteries, but that same consideration might come up here in
terms of a maintenance facility. Is it in a position on the property
where it's not unsightly? So I think that's an issue that has to be
addressed.
COMMISSIONER BERRY: In other words, if everything is contained
and it's a decent-looking building, that's no different --
COMMISSIONER CARTER: That's fine. That's fine.
COMMISSIONER BERRY: -- than being next door to somebody's
garage.
COMMISSIONER CARTER: Right.
MR. ANDERSON: We've situated it in the corner of a dead-end
road.
CHAIRWOMAN MAC'KIE: And aesthetically it's --
COMMISSIONER CONSTANTINE: No pun intended?
COMMISSIONER CARTER: No pun intended.
CHAIRWOMAN MAC'KIE: Oh, God.
Aesthetically everything's going to be contained. You're not
going to have any kind of outside storage? Is that stipulated
somewhere?
MR. ANDERSON: No, but I mean, your code doesn't permit outside
storage unless it's specifically allowed.
CHAIRWOMAN MAC'KIE: There you go. That's a sufficient
stipulation.
Other questions for Mr. Anderson?
COMMISSIONER CONSTANTINE: Can we get the answer to Commissioner
Berry's question -- or your question?
CHAIRWOMAN MAC'KIE: My question. Answer, the formaldehyde
question.
Page 32
December 14, 1999
MR. ANDERSON: Oh, yes, I'm going to ask the project planner to
delve into that.
CHAIRWOMAN MAC'KIE: Okay, we're ready for that, if you don't
mind.
MR. ANDERSON: And was there anything else?
CHAIRWOMAN MAC'KIE: We'll call you back if there is.
MR. ANDERSON: Thank you.
CHAIRWOMAN MAC'KIE: Thank you.
One thing about this job, you know, it's never boring. You learn
something every week.
COMMISSIONER BERRY: I learned a lot more about this than I
really wanted to know. Because I got a copy of information from a
chemical company.
CHAIRWOMAN MAC'KIE: And I'm going to ask you if you would,
please, to kind of move this along. We've got a long agenda and
things seem to be going kind of slowly.
MR. STUART: Okay, I'm trying to get organized.
CHAIRWOMAN MAC'KIE: If we can get you up here.
And Bruce, whoever is next in your presentation, if they could be
on standby, or if we're going to public speakers, we'll be ready to do
that.
MR. STUART: Good morning. For the record, Greg Stuart with
Stuart & Associates.
I would like to be as concise as I can but go through on a
step-by-step basis the surface water and groundwater contamination
issues that have been discussed in previous public hearings. And we
have documentation that Bruce and I will hand out to you.
Really, when one looks at surface water management and the
prospects of contamination, you're really asking what amount of
pesticides and herbicides will be leaching into the groundwater, then
leaching down past the confining layer into the Tamiami Aquifer. This
issue has been extensively researched.
One principal institution has been my Alma Mater, the University
of Florida's Institute, including agricultural sciences. They've
looked at this issue with regard to golf courses. Golf courses are
very similar to this in that both are inherent open space uses.
Bruce, if you can pass out the turf grass article.
MR. ANDERSON: Okay.
MR. STUART: The article being passed out was done by Richard --
Dr. Cooper of the University of Massachusetts in 1990, evaluating the
runoff and contamination potential and how turf grass and sod
ameliorate that.
Specifically his findings in the study that we're handing out --
I believe I've highlighted the findings on the last few pages -- are
that potential for environmental hazards are minimal, assuming
professionally managed applications.
This is so for a number of reasons. Turf grass and sod are
plants continually growing, thickening, producing a dense canopy. This
canopy is absolutely capable of intercepting and absorbing herbicides
and pesticides and the like.
Page 33
December 14, 1999
CHAIRWOMAN MAC'KIE: Let me pause You for a second.
MR. STUART: Yes.
CHAIRWOMAN MAC'KIE: Because we -- if board members -- is this
information that you are wanting to get, board members? Because this
is not the question I asked.
MR. STUART: Well, then, I can go right in -- see, there's a
relationship of surface water --
CHAIRWOMAN MAC'KIE: Of course.
MR. STUART: -- to groundwater.
CHAIRWOMAN MAC'KIE: We understand.
MR. STUART: If you want, I can go right into groundwater.
CHAIRWOMAN MAC'KIE: The question --
COMMISSIONER BERRY: Tell us about formaldehyde.
CHAIRWOMAN MAC'KIE: Formaldehyde, groundwater, that's what we
want to know.
MR. STUART: We'll hop right into that.
CHAIRWOMAN MAC'KIE: Thanks.
MR. STUART: First of all, what is formaldehyde? According to
the National Safety Council and other scientific journals,
formaldehyde -- and it's important to understand that formaldehyde
essentially is a strong-smelling gas. In this case, it's being used
in liquified form, but it's a gas. It's used to manufacture building
materials. It's commonly used in wood products.
CHAIRWOMAN MAC'KIE: You just come on, get to the answer to the
question, please.
MR. STUART: Yes. It's a naturally occurring substance with
regard to the relationship of formaldehyde to groundwater
contamination. The Environmental Protection Agency looked into this
extensively in the late Eighties. Many research institutions have
looked into this extensively. The Environmental Protection Agency
handout that hopefully Bruce will be passing out to you is the
inventory of groundwater threats, matrix for discussion.
This was done to analyze various land uses and chemicals to see
if in fact federal rules and regulations are going to be needed,
whether it be monitoring, prohibition and the like.
The EPA in 1989 specifically examined cemeteries amongst all
other land uses and chemicals and the like. Their findings are that
cemeteries ranked on a high, medium or low threat to human health. But
cemeteries are ranked low. Now, this contrast to domestic septic tank
uses. The EPA has categorized septic tanks as being ranked on the
high scale.
CHAIRWOMAN MAC'KIE: You know what, I'm going to interrupt you
one more time, because I would be happy for you to go and give your
presentation, as long as the board wants to hear it. But I didn't ask
for a comparison of septic tanks to formaldehyde. My question was,
what is the shelf life of formaldehyde, and might it get to the
groundwater supply?
MR. STUART: Okay, then getting right into the heart of the
matter, again, with other research, showing that note, formaldehyde
does not impact groundwater resources.
Page 34
December 14, 1999
CHAIRWOMAN MAC'KIE: Thanks.
MR. STUART: The EPA has demonstrated that, other studies have
demonstrated that. In this particular case --
COMMISSIONER CONSTANTINE: I'm just curious, because you keep
referring to the EPA, which is a federal agency, and then the handout
is from Ontario. Which is -- I'm pretty sure the EPA doesn't oversee
Canada.
MR. ANDERSON: This is the EPA handout, Commissioner --
COMMISSIONER CONSTANTINE: Thank you.
CHAIRWOMAN MAC'KIE: -- that shows that septic tanks are high
risk and that graveyards are a low risk, and we understand that.
MR. STUART: And then on a site --
COMMISSIONER CARTER: But this study was 1989, if I'm
understanding you correctly.
MR. STUART: That's right.
COMMISSIONER CARTER: You mean there's been no research since
1989, either to verify or substantiate or to look at this again?
MR. STUART: Actually, there's a ton of research. We have
documentation from '94. On the Web, I've seen research papers in
1998.
Now, when one looks at the specific -- the site specific
character and the relationship of formaldehyde, again, if you look at
the site geology -- and I believe a cross-section has been handed out?
CHAIRWOMAN MAC'KIE: No.
And while that's going on, Mr. Cautero, is Mr. Lorenz, somebody,
or maybe Mr. -- Dr. Gomez, somebody on our staff who could answer
questions about this? When we get to it, I'm going to have some.
COMMISSIONER CONSTANTINE: And let me just ask a question,
because we've talked here over the years about injection wells for
various purposes.
MR. STUART: Yes.
COMMISSIONER CONSTANTINE: This talks about an injection well for
hazardous waste -- which I'm reasonably sure none of us would approve
-- being a low risk as well. So are we saying an injection well for
hazardous waste and graveyards have about the same characterization of
danger for damaging the water supply?
MR. STUART: Actually, I do have --
COMMISSIONER CONSTANTINE: According to this, it is.
MR. STUART: Well, the copy of the actual research document makes
very clear that you have to take into account other factors,
principally including geology and geography.
So -- and in this case, getting back to formaldehyde and what --
what -- whether this thing poses a risk to the Tamiami aquifer, when
one looks at the geology of the site and how this thing is going to
work, you'll basically have a 16-foot finish grade elevation, six feet
under you'll have a casket enclosed in a concrete vault. Below that,
you'll have the existing four to six-foot, four to 10-foot thick cap
rock confining layer. That is set within the surficial or shallow
water aquifer.
Page 35
December 14, 1999
The aquifer for potable water sources is not the shallow water
aquifer, it's the Tamiami Aquifer, which is the blue aquifer.
Between the blue graphic and the vaulted caskets is a Bonita marl
and clay confining layer. This range is according to Misburn
(phonetic) Associates and other sources of between 10 and 40 feet.
The graphic in front of you depicts a 10-foot confining layer.
The graphic is done on a scale of one-eighth inch to one-foot.
Based upon discussions with Collier County pollution control
staff, Misburn Associates and other sources, the threat of
formaldehyde leaking from caskets to the vault, going through the
vault into a soil column, and then being absorbed through a clay
confining layer into the Tamiami Aquifer is absolutely nominal.
There are a number of reasons for that, but again, it relates
back to my discussion on what is formaldehyde, which is a gas. It's
injected in the body in a liquefied form, but ultimately it dissipates
and it also reacts histologically. So the threat is absolutely
nominal.
CHAIRWOMAN MAC'KIE: So then -- I'm sorry, but I think I almost
got the answer to my question there. And that is, the dissipation of
formaldehyde is a fast -- at a faster rate than the degradation of
concrete vaults and sealants?
MR. STUART: That is correct.
CHAIRWOMAN MAC'KIE: That was my question. Before the concrete
can erode, the formaldehyde will have dissipated; true or false? MR. STUART: True.
CHAIRWOMAN MAC'KIE: Then it's -- then I can see that it's not
logical that there would be any problem here.
MR. STUART: And then in addition, when one factors in the
geology -- you know, when you have confining layers, two confining
layers, and all the well depths based upon our research, which is
attached, Page 3, these Golden Gate Estates wells, I've identified
them as, based upon the permits issued, ranging from 60 to 80 feet in
depth. Again, the vaults are going to be at six feet below an
elevated 16-foot finished grade.
CHAIRWOMAN MAC'KIE: I'm confident that the vaults are in the
right place and that as long as they're intact, the issue of
groundwater contamination is not a threat.
My question was, and I think you've answered it now, is will the
vault last longer than the formaldehyde, you know, barring an
earthquake or something absurd?
MR. STUART: Yes, but even if you had an earthquake, it cracked
in half, the formaldehyde, at a dilution of -- and again, not to get
very technical --
CHAIRWOMAN MAC'KIE: Well --
MR. STUART: -- you're looking at -- when you're injecting this
stuff in a body, you're talking about seven-tenths of an ounce to
maybe 1.4 ounces at a dilution of 10 to 12 parts of water per. So
it's -- you know, between all the factors and the geology and the
dilution and how it's not a very long shelf life in the context of the
geology in question, it's a nominal threat.
Page 36
December 14, 1999
COMMISSIONER CONSTANTINE: Do we know if there are other
chemicals other than formaldehyde used in the preparation of --
MR. STUART: That's a very good question. Formaldehyde is the
principal use. There are other chemicals; alcohol, for example. But
alcohol is biodegradable, so it really doesn't have an influence.
Surfactants. When one looks at that, though a common dishwasher
-- dishwasher detergent being used and discharged in septic tanks are
100 times more concentrated than what's being used.
Organic dyes. Organic dyes are being used at basically 1/100th
of a gram, and they react histologically to the body cavity. So yeah,
there are other elements, but the principal, the principal one is
formaldehyde.
COMMISSIONER CONSTANTINE: Thank you.
CHAIRWOMAN MAC'KIE: I'm sorry I asked you to bring over staff,
because I think the question's been answered sufficiently now.
COMMISSIONER BERRY: And as I have been told as well,
commissioners, you can line a vault. And many of them are in Florida.
Not for the same reasons that we're talking about, but because of
'water problems. And it adds about $200 to the cost to do so.
COMMISSIONER CARTER: Is that mandatory, Commissioner?
COMMISSIONER BERRY: No, it's not. But it's something that many
people choose to do. And I was thinking, if we're going to do -- if
we're going to be proposing a new cemetery for the area, perhaps this
is a standard that we might want to talk about and consider.
COMMISSIONER CARTER: Well, I think that's a very reasonable --
more than a reasonable suggestion. I think we ought to do it. I'm
looking for maximum protection so that we do not have any groundwater
contamination. And that is my primary concern here.
CHAIRWOMAN MAC'KIE: Ditto. That sounds like a good way to go.
Other questions for the petitioner? If not, we'll go to public
speakers.
MR. FERNANDEZ: You have seven total --
COMMISSIONER CONSTANTINE: I will have a follow-up question at
the conclusion on the distance away. Mr. Anderson was going to
discuss that with his client.
CHAIRWOMAN MAC'KIE: Thank you. You're right.
MR. FERNANDEZ: You have a total of seven speakers on this
subject. The first is Jeff M. Bronsdon, and the second is Shawneen
O'Neill.
CHAIRWOMAN MAC'KIE: We'll ask the second speaker to go ahead and
come forward so we'll be ready to kind of keep it moving, if you
would, please.
If you would give your name to the court reporter, I would
appreciate it.
MR. BRONSDON: Jeff Bronsdon. I live at 4990 Cherry Wood Drive.
I'm going to give my presentation and ask that you hold your questions
until I'm done so I can get my full five minutes in here.
Approving the cemetery will violate the human environment with an
incompatible land use which threatens the public's health, safety and
Page 37
December 14, 1999
welfare, in complete contradiction to goal one of the Collier County
Growth Management Plan. Right here.
Per Policy 5.4 of the Growth Management Act, specifically
provides that new development shall be compatible with and
complementary to the surrounding land uses. The cemetery in question
presents a serious health threat to'the citizens of the Estates and
all other immediately surrounding residential neighborhoods.
Formaldehyde is a recognized carcinogen and is deemed dangerous,
with an exclamation mark by its own manufacturer.
With the MSDS -- I think each one of you has a copy of that?
CHAIRWOMAN MAC'KIE: Yes, we do.
MR. BRONSDON: It is a highly sensitizing chemical which, with
exposure, causes ear, nose, throat, upper respiratory system
irritation, severe respiratory symptoms such as difficulty breathing,
hypersensitivity, leading to contact dermatitis, vision impairment,
liver enlargement, cancer, and ultimately death.
In summary, formaldehyde is a highly toxic substance that
developers of this cemetery have falsely alleged, both orally and in
writing, that the quality of water sources originating around the
grave sites will not be affected by formaldehyde, which is used as an
embalming substance for buried bodies. In fact, formaldehyde is
deemed a significant source of contamination by the EPA.
Federal law requires that you, the Board of County Commissioners,
conduct an independent formal investigation where such contamination
may occur -- may affect sources of surface and groundwater used by the
public.
Specifically, you're required to follow the steps promulgated
under the Safe Drinking Water Act of 1996, as amended, provided in its
Source Water Assessment and Protection Program in conformance with
Florida's Wellhead Protection Program and Contamination Source
Program.
You are further required to evaluate how all wastewater draining
from the cemetery will be disposed of.
If summary, if you allow the cemetery to be placed in the midst
of a heavily populated residential neighborhood where every resident
is on well water, where the cemetery would abut the Tamiami Aquifer,
and where drainage canals surround the property, you are intending to
place a potential source of contamination in the middle of the
neighborhood water supply; and as such, you are directly violating
health, safety and welfare of this neighborhood and the surrounding
neighborhoods of Collier County.
Over 100 residents of this area have signed a petition addressing
the issues. If need be, we will go to court to protect our lives.
You must deny the speculator's alternative zoning request for an
assisted living facility, because there has been no evaluation of this
type of the zoning done by your planners. That's been dropped, so
that's a non-issue.
Have you done what is required by federal law? If not, you must
deny the cemetery. If you approve this, you will bring upon yourself
Page 38
December 14, 1999
serious federal sanctions. And I have several questions of my own
that I really think should be answered, maybe by the petitioners.
How did the petitioners in the cemetery obtain a license from the
state without getting approval for zoning beforehand? It's my
understanding that the mandate of the state statutes requires zoning
approval before licensure is granted.
COMMISSIONER CONSTANTINE: Petitioner had -- correct me if I'm
wrong, but, Jeff, I may be able to answer that for you. I think it is
more like a certificate of need there, as opposed to a specific
location use. And Bruce, or whomever from the petitioner, may correct
that. But I think it's more -- much like they do with hospitals. MR. BRONSDON: You need a cemetery.
COMMISSIONER CONSTANTINE: Yeah, do you need one somewhere.
MR. BRONSDON: Well, in the very beginning he stated that the
state specifically said we need a cemetery in this site. Did they say
that, or is that another inaccurate statement? I'll be kind.
And I think the Board of Commissioners is well aware of some of
the inaccurate statements that have been made in regards to the house
that's directly adjacent to where their maintenance facility will be.
They stated in the EAC meeting that there was no residence there.
CHAIRWOMAN MAC'KIE: Go ahead. Finish up, please.
MR. BRONSDON: Okay, that was about all I had in my address. I'll
answer some questions, if you want. And I also -- I don't know if
you've gotten to the letters that I've sent. I've sent a total of two
letters.
CHAIRWOMAN MAC'KIE: Questions for this speaker?
COMMISSIONER CONSTANTINE: Just a comment. And I know the
petitioner answered some of the questions on formaldehyde. But I
think Jeff raises some good ones. And in particular, it's
interesting, reading the fact sheet that was handed out by the
petitioner himself, I think it reinforces some of what Jeff said, and
that is the danger here. It talks about where is it found and then it
indicates -- this is off the Internet, but some sources that have
previously contained formaldehyde are either no longer used or have
been reformulated to contain less, obviously because there's a danger.
But it says, sensitive people can experience symptoms at levels below
one part per million, which gets into Commissioner Berry's bringing up
the concentrations.
But then the part that worries me the most, and I think
reinforces what our speaker is saying is, there is no known threshold
level below which there is no threat of cancer. And then it's
recognizing any presence of formaldehyde creates a threat of cancer. I
think that's a -- it's a --
MR. BRONSDON: Cigarette manufacturers are still arguing that
smoking's not dangerous. Now, how much of an argument is this going
to be? Are we going to wait and see? I mean, I'm not willing to sit
there and wait until I get cancer and have to dig up every grave to
find out which one's leaking.
Page 39
December 14, 1999
COMMISSIONER CONSTANTINE: And the scary thing is, I mean, this
is the handout that the petitioner gave us that's saying that. That's
not even someone trying to dig up information against this, so --
MR. BRONSDON: It was not hard to pick up information and find
inaccurate statements in the EAC meeting. It was -- formaldehyde is
not a gas, as you can see by the MSD. That's by the manufacturer.
It's a clear, colorless liquid. And it is a carcinogenic.
COMMISSIONER BERRY: And yet it does emit a gas. And there's
probably people, maybe many people, I don't know, or some people who
live in mobile homes that may experience a higher level of
formaldehyde if they have -- if their home has a certain type of
insulation in it. In fact, if you go into some mobile homes, there
will be a warning sign -- and I happened to view one when I was in the
west this summer, and there was a warning about that particular issue
as well.
MR. BRONSDON: And I --
COMMISSIONER BERRY: It's just a thought. I mean, I'm not
arguing with you. I mean, we're -- but I can tell you that there's a
lot of different things that are threatening to our health.
MR. BRONSDON: I feel that requiring~a sealed watertight vault
isn't enough. I mean, it has to be denied altogether. Because you
come here, you swear to an oath to tell the truth, nothing but the
truth, so help you God, and the petitioners, they may feel they have
told the truth --
COMMISSIONER BERRY: Jeff, that's --
MR. BRONSDON: -- and that's another question --
COMMISSIONER BERRY: -- another issue.
MR. BRONSDON: -- another issue, but --
COMMISSIONER BERRY: But I'm talking about -- you know, talking
about the lining of these vaults.
MR. BRONSDON: And we talk of the what if's. What if this
happens.
COMMISSIONER BERRY: Well, Jeff, you can go out here and what if
the guy in front of you on U.S. 41 hits his brakes and you don't?
COMMISSIONER CONSTANTINE: What if the pickup truck behind me in
Charlotte County doesn't have any brakes?
COMMISSIONER BERRY: Okay. You're going to get in trouble.
COMMISSIONER CONSTANTINE: Right.
COMMISSIONER BERRY: I mean, there's a lot of what if's. I mean,
I think all of us every day of our lives are exposed to things about
the what if's, you know. And I'm not minimizing this because, you
know, on the other hand --
MR. BRONSDON: We have a chance to put the what if at rest here,
right here today.
COMMISSIONER BERRY: We also --
MR. BRONSDON: And I think we should.
COMMISSIONER BERRY: -- unfortunately, Jeff, you and I are going
to die, okay? And if you're going to be in Collier County, where do
you want -- where are we going to put you? And we have a
responsibility to come up with some kind of a solution.
Page 40
December 14, 1999
MR. BRONSDON: Nobody has the responsibility for me. I have a
responsibility for myself.
COMMISSIONER BERRY: Well, if --
MR. BRONSDON: County Commissioners do not have a responsibility
COMMISSIONER BERRY: -- you have plans to be interred in Collier
County, then --
MR. BRONSDON: I have absolutely no plans to be interred in
Collier County. None whatsoever.
COMMISSIONER BERRY: Well, maybe you don't, but there may be some
other folks that do and have to face this on a daily basis --
MR. BRONSDON: This is an upscale --
COMMISSIONER BERRY: -- and have to deal with it.
COMMISSIONER NORRIS: Jeff, if you say that we don't have any
responsibility for you, why are you here?
MR. BRONSDON: You have no responsibility for where I'm interred.
COMMISSIONER NORRIS: Well, that's not what you said.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: Now, let me try to bring this back into
focus a little bit. I think we're all going to be able to stipulate
and be aware that formaldehyde is a dangerous chemical. That's not
the question. The question is, is that formaldehyde going to be able
to get into the groundwater? That's the question. And if it does get
into the groundwater additionally, can it migrate all the way to the
wells? That's the issue. Not whether formaldehyde is a dangerous
drug. We all understand that it is.
MR. BRONSDON: I think whether it could get into the wells has
been proven by the Caloosa Bay Project.
COMMISSIONER NORRIS: Well, that's fine, let's hear some evidence
that will say that. That's a totally different situation over there,
though.
COMMISSIONER CARTER: Well, and I think also there's been some
questions raised that perhaps our county attorney or assistant county
attorney may want to address in this, because we keep getting
implications that there's some areas here that we have to address, and
I would like to hear from them before this is all over.
CHAIRWOMAN MAC'KIE: And particularly with regard to his question
on whether or not compliance with all the federal laws are -- have
been taken care of.
MR. BRONSDON: And also the --
COMMISSIONER CONSTANTINE: I think that for me the biggest
question is just you have a street that is entirely serviced by wells,
and I think they have a legitimate concern. And the question was, you
know, where then do you put it in the county. Maybe you put it
somewhere where everybody immediately adjacent to it isn't serviced by
wells.
MR. BRONSDON: Maybe where there's no abutting neighbors right
now. And people have a choice to whether they live next to a cemetery
or not. Some people don't mind living next to a cemetery.
Page 41
December 14, 1999
CHAIRWOMAN MAC'KIE: Thank you, sir. And we'll go to our next
speaker.
MR. FERNANDEZ: Next speaker is Shawneen O'Neill, and then Teresa
Shepp.
CHAIRWOMAN MAC'KIE: And again, if we could ask the second
speaker to be on deck, we'd appreciate it.
MS. O'NEILL: My name's Shawneen O'Neill, and I live at 5131
Cherry Wood Drive. I'm pretty much going to repeat most of what Jeff
says, but I do have extra things to add.
Approval of the cemetery will violate the human environment with
incompatible land use, which tolerates (sic) the public's health,
safety and welfare, in complete contradiction to goal one of Collier
County's Growth Management Plan.
For Policy 5.4, the Growth Management Act specifically provides
that new development shall be compatible with and complementary to the
surrounding land uses.
The cemetery in question presents a serious health threat to the
citizens of the Estates and all other immediate surrounding
residential neighborhoods. And we all know this, because we just went
over the formaldehyde thing. But formaldehyde is a recognized
carcinogenic, and it's deemed dangerous, with an exclamation mark, by
its own manufacture, Mellencott, Incorporated.
It also says on this sheet that when you're using the
formaldehyde, everybody has to have protective equipment. Now, Mr.
Stuart said that it's not that dangerous, but why are the handlers of
this formaldehyde having to wear protective equipment from their
clothes, from their eyes, gloves, the whole bit? Why do they have to
use that if this formaldehyde isn't deemed dangerous?
It's a highly sensitizing chemical with which exposure causes
ear, nose, throat, and upper respiratory system irritation, severe
respiratory symptoms such as difficulty in breathing, hypersensitivity
leading to contact dermatitis, vision impairment, liver enlargement,
cancer, and ultimately death.
In sum, formaldehyde is a highly toxic substance. It says it
right here.
The developers of the cemetery have falsely alleged both orally
and in writing that the quality of water sources originating around
the grave sites will not be affected by formaldehyde, which is used as
an embalming substance for buried bodies. And it has it right here.
It says it's not going to be affected. In fact, formaldehyde is
deemed a significant source of contamination by the Environmental
Protection Agency.
Federal law requires you, the Board of County Commissioners, to
conduct a formal independent investigation where such contamination
may affect sources of surface and groundwater used by the public.
Specifically, you are required to follow the steps promulgated under
the Safe Drinking Water Act of 1996, as amended, as provided in its
Source Water Assessment and Protection Program, and in conformance
with Florida's Well Head Protection Program and Contamination Source
Program.
Page 42
December 14, 1999
Collier County Growth Management Plan states in Policy 3.1, adopt
land development regulations that contain provisions to implement this
Growth Management Plan, protect potable water well fields and aquifer
recharge areas. This shall be accomplished through the creation and
implementation of well field protection ordinance.
You are further required to evaluate how all wastewater drawing
from the cemetery will be disposed of.
In sum, if you allow this cemetery to be placed in the midst of a
heavily populated residential neighborhood where every resident is on
well water, where the cemetery would abut the Tamiami Aquifer, and
where drainage canals surround the property, you are then intending to
place a potential source of contamination in the middle of the
neighborhood's water supply, my water supply, and as such, are
directly violating the health, safety and welfare of the Estates and
surrounding neighbors of Collier County.
We have 120 residents that signed this petition addressing these
issues, and every single one of you was forwarded these names and
petitions. If need be, we will go to court to protect our lives.
Have you done what is required by federal law? If not, deny this
cemetery in this area. I'm not saying that Naples does not need
another cemetery, but on this -- in this area where we are accessing
our water through wells, it is not acceptable.
If you approve this, you'll bring upon yourselves serious federal
sanctions.
Kevin McCormac from the EPA, we spoke with him yesterday, he was
totally taken out of context from Stuart & Associates in their
petition for the groundwater -- the surface and groundwater quality
issues. He said he would be more than happy to come and speak to
every single one of you commissioners right here and clarify
everything that he said.
That's all I have to say. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, ma'am.
MR. FERNANDEZ: Teresa Shepp has waived her option to speak. The
next speaker is Todd A. Muller. And then Kathleen M. O'Reilly-Doyle.
MR. MULLER: Good morning.
CHAIRWOMAN MAC'KIE: Your name for the record, please, sir?
MR. MULLER: Todd Muller. I'm a partner in the Muller-Thompson
Funeral Home.
I think we have already established by Mr. Carter,s comments that
another cemetery is needed. Therefore, I would like to gear my
comments more towards the concerns of the people in the area, around
it, and Ms. Berry's concerns about the lined vaults.
I'd like to distinguish, first of all, clearly the difference
between a funeral home and a funeral chapel. A funeral home is a
facility that has an embalming room. Virtually all cemeteries in the
State of Florida have small chapels set aside for the conducting of
private visitations, services and so forth. And as far as I know,
there is no plans for an embalming facility to be involved.
Page 43
December 14, 1999
COMMISSIONER BERRY: I just want to set a record, because I'm not
interested in establishing, quote, another funeral home at the
cemetery.
MR. MULLER: That's correct. This is not a funeral home.
COMMISSIONER BERRY: Right. Okay.
MR. MULLER: Cemeteries are allowed by state trusting laws to
sell caskets, urns, grave markers, all funeral related merchandise,
just like funeral homes are. I feel that is important to the
stability of the business in a relatively competitive market which
most people do not imagine as a competitive market. It is very
competitive.
CHAIRWOMAN MAC'KIE: But the thing they cannot have there is the
embalming facility. That's what the difference is between the funeral
MR. MULLER: That is the -- if you open a funeral home, you have
to have a facility for the embalming of bodies. A funeral chapel is a
relatively simplified similar funeral home design, able to offer
similar merchandise, similar services, no embalming room.
In regards to the ideas of lined vaults, there are some options.
I think it was already mentioned about the cost factor that would be
involved to the families. There are some options that are available
to lined vaults, which are more expensive, that will achieve the same
goal in maintaining or making sure that no fluids are released into
the ground.
COMMISSIONER BERRY: Or water coming in.
MR. MULLER: Or water coming in.
COMMISSIONER BERRY: All right.
MR. MULLER: The use of sealed caskets. 92 percent of.caskets
that we use are sealed, airtight, water tight, designed by the
manufacturer for up to 75 years and in certain circumstances over 75
years.
In addition to --
CHAIRWOMAN MAC'KIE: So you seal the casket and then you seal the
vault?
MR. MULLER: That's correct.
And in addition to that, caskets have a built-in interior and
coated steel. The interior is designed to absorb up to 16 pounds of
liquid. That is a lot of liquid.
What is very commonly used in above ground, the mausoleum, where
this is open and exposed to people's view, that is where cemeteries
are most concerned with the idea of any odor, any fluid seeping out of
the casket. Because it is in view. They use something called a
fail-safe liner. That is an option to a lined vault also. CHAIRWOMAN MAC'KIE: What's the cost of that?
MR. MULLER: About $22. Now, that is used in conjunction with
the concrete container.
CHAIRWOMAN MAC'KIE: $22?
MR. MULLER: That's --
CHAIRWOMAN MAC'KIE: Additional cost to have a fail-safe seal is
$22?
Page 44
December 14, 1999
MR. MULLER: That's correct.
COMMISSIONER BERRY: That's in a mausoleum.
MR. MULLER: That can also be used in a grave liner to achieve
the same result. I realize that a lot of people do not know about
funeral homes, the business --
CHAIRWOMAN MAC'KIE: Sure.
MR. MULLER: -- so I'm trying to speak from a layman's point of
view. But there are some options as far as that goes.
I've been an embalmer in this area for 20 years. Most of
whatever I have found on the Internet, through speaking with
representatives of Dodge Chemical Company was provided some of the
information for Mr. Stuart. All the concerns about formaldehyde is on
the airborne level. I have a list of items which are -- which utilize
formaldehyde. And they include cosmetics --
CHAIRWOMAN MAC'KIE: Yes, we'd appreciate it if you'd wrap up
your comments.
MR. MULLER: Okay. I have probably been exposed to more
formaldehyde than any thousand people in town. A friend of mine, to
relate the expression, said I've spilt more liquor than you've drank.
I have probably spilt more formaldehyde on me than anyone in this area
will be exposed to. It's not as dangerous as what is being led on to
be. Thank you very much.
COMMISSIONER BERRY: Can I ask Mr. Muller a question?
CHAIRWOMAN MAC'KIE: Please.
MR. MULLER: Yes, please.
COMMISSIONER BERRY: The same substance, if one were to work in a
biology lab and handle different specimens that are packed in
formaldehyde, would that be the same formaldehyde that you might use?
MR. MULLER: I'm sorry. Repeat that, please.
CHAIRWOMAN MAC'KIE: Like if you're going to dissect a frog.
COMMISSIONER BERRY: Right. And all of these used to come --
because I handled this a great deal. They came packed in either the
big buckets or they came packed, vacuum packed, in a bag, and they
were packed in formaldehyde. Same formaldehyde? Same type?
MR. MULLER: Probably the same type. Maybe in a lesser quantity
or a lesser density in formaldehyde.
COMMISSIONER BERRY: Because they're all diluted, correct?
MR. MULLER: That's correct.
COMMISSIONER BERRY: I mean, even what you use is diluted?
MR. MULLER: It's extremely diluted.
COMMISSIONER BERRY: Okay.
MR. MULLER: The handling of formaldehyde is no different than
the universal precautions that are supposed to be taken for handling
bleach, gasoline, oil, so forth.
CHAIRWOMAN MAC'KIE: Well, and that's what -- as the previous
speaker, when she was talking about all the special clothing,
protective devices that people who handle the material have to use, it
seems to me the point is, it's not a prohibited material, it is a
material that requires specific precaution; and so likewise, for the
handler, but also for these sites we have to have some really serious
Page 45
December 14, 1999
specific precautions. But it's not a prohibited material, as some
are.
Let's -- if there are not any other questions, I know -- I know
the court reporter would like to have a break. I was hoping that
maybe we could finish this item before we do that. Are you -- can you
COMMISSIONER CONSTANTINE: How many more speakers do we have?
MR. FERNANDEZ: About five more.
CHAIRWOMAN MAC'KIE: Five? I thought we had seven to start with.
MR. FERNANDEZ: Three more.
CHAIRWOMAN MAC'KIE: Three more. Let's go ahead and finish these
speakers. Thank you for being here.
The next speaker is?
MR. FERNANDEZ: Kathleen M. O'Reilly-Doyle. And then the
Reverend Dr. Bob N. Wallace.
CHAIRWOMAN MAC'KIE: And we would ask you, if you could, to give
us information that we don't already have. We'd appreciate that.
MS. O'REILLY-DOYLE:
also have some pictures,
CHAIRWOMAN MAC'KIE:
property of the county.
MS. O'REILLY-DOYLE:
CHAIRWOMAN MAC'KIE:
MS. O'REILLY-DOYLE:
That's what I'm going to provide to you. I
if they can be put on the overhead.
They can. You need to know that they become
They have to go into the record.
That's fine. My Christmas gift.
Gee, thanks.
My name is Kathleen M. O'Reilly-Doyle and I
live at 4960 Cherry Wood Drive, which is directly across from the
proposed cemetery.
I'm concerned about the landscaping and performance standards
currently written in the proposal for the Palm Royale Cemetery plan,
that they are not adequate to provide visual screening between the
cemetery and the front yards of the residents along Cherry Wood Drive.
I'm sure all of you saw the story on the front page of last
Friday's Naples Daily news about the current Naples Cemetery. The
headline read: Neighbors, cemetery should clean up the view. I
believe Commissioner Carter was at the site and heard the neighbors'
concerns.
Some of the neighbors' concerns, as stated in the paper, were
there is nothing but their own young landscaping between the residents
and the cemetery that was in particularly good shape to begin with.
Now, instead of those and other woodland type creatures, the residents
find young creatures of the human beer-swaling variety hanging out
beyond the fence.
After his walk with the neighbors, Mayor Barnett's immediate
concern was not the upgrades within the park but the view from
without. Mayor Barnett was quoted as saying, "If they don't have to
see them, it won't matter so much, but they can look right at them."
Commissioner Constantine, I believe when you visited the Cherry
Wood residents you heard some of these same concerns, and in terms of
looking at our homes onto the structures and grounds of the cemetery
and the concern that the area would become a party spot, as well as
concerns about the water quality.
Page 46
December 14, 1999
I'd like to show you a couple of pictures of the vegetation along
Cherry Wood Drive in front of my home. The bottom picture is standing
on Cherry Wood Drive looking toward Vanderbilt Beach. As you can see,
the screening provided by the native vegetation is quite sparse. The
vegetation that provides the most screening is the Brazilian pepper,
which is an exotic and is going to be removed.
The second picture is a picture I took -- I walked in 75 feet to
the north of Cherry Wood and looked back toward Cherry Wood. You can
clearly see Cherry Wood Drive in that picture. The native vegetation
provides no screening for the neighborhood.
Mr. Bellows has provided me with a copy of the development
standards for this proposal, which I have reviewed. My first reaction
to the stipulations was that I was glad to see that the Island Walk
development's concerns, which are located along the north side of the
proposal, were specifically addressed in Items 5 and 9. If you don't
have these items in front of you, I can quickly summarize them.
CHAIRWOMAN MAC'KIE: We do.
MS. O'REILLY-DOYLE: You have them?
CHAIRWOMAN MAC'KIE: Yes, ma'am.
MS. O'REILLY-DOYLE: The one that I would like to point out, the
developer said that there's a minimum setback 115 back from Cherry
Wood. I did not see that. There's a ll5-foot setback of the memorial
from Vanderbilt.
In Items 10 and 11, those addressed the Cherry Wood side, which
would be to plant 10 trees per 100 linear feet and a continuous native
hedge, and a minimum canopy tree planting of 25 feet off center.
If each of these slash pines, which they propose to plant, had a
trunk that was 12 inches across at maturity, they would serve to
buffer about 12 feet of that 100-foot area. This leaves quite a gap
in vegetation.
The setbacks for the buildings would effectively face them all
along the south side of the property, where they will be clearly
visible from our homes and yards. The structure that was seen before,
located at the end of the dead-end road is directly across from
someone's house.
Nowhere does this plan stipulate that the landscaping will
provide adequate vegetation to effectively screen the buildings and
grounds from the residents on the south side.
I don't know about you, but it seems to me the standard seems to
be a bit tighter along the north side than the south side.
CHAIRWOMAN MAC'KIE: Thanks for bringing that to our attention,
as Commissioner Constantine has, too.
MS. O'REILLY-DOYLE: I would ask that you would visualize this
proposal as if it was in your front yard. The Palm Royale development
is proposing to build three structures on this property, which is
adjacent to our homes.
If the commission approves the plans today, I would request that
you make your approval subject to the stipulations: By adding
language that would stipulate a vegetative buffer, provide a visual
screening, a total visual screening, along the southern and western
Page 47
December 14, 1999
boundaries, which are residential areas. I would suggest a mixture of
native lime trees, cabbage palms, saw palmettos and other plants that
would provide a visual buffer and also serve to deter the party-goers
that frequent the current cemetery site. I have some more.
CHAIRWOMAN MAC'KIE: Please.
MS. O'REILLY-DOYLE: Stipulate that the landscaping pine line
would be set so the neighborhood could be buffered first, rather than
last. This was also suggested in the corrective measures to be taken
at the existing cemetery.
I have seen this measure implemented at other developments in the
area, and it serves well to visually screen the adjacent properties
while the site is undergoing construction.
Number three, adjust the setbacks for the building so they
stipulate the distance allowed from the south, as well as the first
site. The north and south setbacks should be similar in distance to
ensure the structures are more centrally placed on the property and
not backed along the. south boundary, which is across the street from
our homes. Thank you very much.
CHAIRWOMAN MAC'KIE: Would you mind giving us -- I like those
stipulations. I wonder if I could I have --
COMMISSIONER CONSTANTINE: I've got one right here.
CHAIRWOMAN MAC'KIE: He's got a copy already, okay.
COMMISSIONER CARTER: I think what she's saying is very
important. From our experience in North Naples, that you really have
to add those to make sure that the neighborhood is protected visually
so that it has an aesthetic appearance that you don't know it's even
there.
CHAIRWOMAN MAC'KIE: That's the goal. And it has to be from all
sides, not just from one side.
Other questions? If not, our next speaker?
MR. FERNANDEZ: Next speaker is the Reverend Dr. Bob N. Wallace,
and then Alden K. Williams.
CHAIRWOMAN MAC'KIE: Will he be the last speaker, Mr. Williams?
MR. FERNANDEZ: Yes.
REVEREND WALLACE: Commissioners, I'm Bob Wallace. I live at 105
Warwick Hills Drive. And I want to go away from where we have been
and go another direction on this.
Three years ago in these same chambers we had a presentation for
an alternative choice for a hospital in our community. At that time
we wanted a choice. We wanted to be able to have some other place to
go when we were sick. And it has been stated that there is only one
cemetery in Collier County.
I have been conducting funerals in Collier County for 17 years.
We have other choices. We can go to Marco Island to a private
cemetery, which is owned by a church, which does not have the boundary
restrictions we are discussing here. We can go to Immokalee, which is
a cemetery owned by the county, which does not have the boundary
restrictions or the screening or the difficulties that you're
presenting here. There is a private cemetery at Pine Ridge Road and
Page 48
December 14, 1999
the trail, which is a closed cemetery for the early residents of our
county, which only has an iron fence around it. We can go to Fort
Myers and there's a cemetery there which our people can choose if they
want. Or we can go all the way up to Bushnell, which a lot of our
residents who are veterans go and are buried. That's three and a half
hours north of here, north of Tampa, the Florida National Cemetery.
Or our people can choose cremation, and their cremains (sic) can be
scattered at places around the county or in the Gulf, mostly is 'where
they choose.
But when it comes to a centrally located cemetery that is open
for the residents of Collier County, if they have not been sent out of
the area back to their homes in Pennsylvania or New York or wherever,
we have one choice, and that is Naples Memorial Gardens, in which the
Commissioner is working very closely to take care of that. I've had a
very close working relationship with the various owners of Naples
Memorial Gardens, and I think that your efforts are to be commended.
But I stand here before you here today, just as I was here three
years ago on the medical choice for another hospital. I think that
there are same solutions and ways that this can be resolved so that
the residents of our community have a choice. And I would think that
this is where we are now, that there is another choice that we need to
make available for our residents. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir.
Questions for the speaker? If not, our final speaker.
MR. FERNANDEZ: Final speaker is Alden K. Williams.
MR. WILLIAMS: Good morning, Commissioners. I'm Alden Williams,
general manager of Johnson-Pittman Funeral Home on the Trail here in
East Naples.
I'm here to speak of need. I want to add my voice and support of
approval of the proposed new cemetery. But prior to, the families in
Collier County have been very limited as to the choices they had where
they could bury their loved ones. And many of the hundreds of
families our funeral home have served over the years have indicated
their concern about the lack of choice.
From all indications, the cemetery that's being proposed is going
to be beautiful, a park-like setting. I'm certain they're going to
want to be good neighbors, and they're going to be sensitive to public
attitude and make whatever changes are necessary so that they can
continue to be good neighbors.
With two cemeteries competing in the area, the benefit to the
community will be by offering more choices and at potentially lower
costs. So to keep my comments brief, I'd like to urge your approval
of this matter before you. Thank you.
CHAIRWOMAN MAC'KIE: Thank you, sir. We appreciate your brevity,
too.
If there aren't any questions at this moment, to give the court
reporter a break, we'll take five minutes and be back at 10 after.
(Recess.)
CHAIRWOMAN MAC'KIE: We'll call the meeting back to order of the
Board of County Commissioners, December 14th, 1999.
Page 49
December 14, 1999
Are there any questions of board members, for members of the
public or for the applicant?
COMMISSIONER CONSTANTINE: Yeah.
CHAIRWOMAN MAC'KIE: Okay, then we do have questions for the
petitioner, if we could get you back at the podium, please, Mr.
Anderson. And then --
COMMISSIONER CONSTANTINE: Could we also get the visualizer to
have the site plan on again, which I guess you do have set up there.
CHAIRWOMAN MAC'KIE: There you go.
COMMISSIONER CONSTANTINE: Thank you. Could we zoom in just a
tad on that? Thank you.
Couple of different concerns. One, the distance from the south
side. Explain to me this maintenance area, the area that appears as
brown in the lower right-hand corner or the southeast corner of the
property. What's expected to be there? A shed with lawn mowing
equipment?
MR. ANDERSON: Yes, sir.
COMMISSIONER CONSTANTINE: Can we have that set back equally as
far? Because frankly that's probably less appealing visually than
some of the other parts of the facility, and that seems to have no
setback at all on this graphic.
MR. ANDERSON: It has a ll5-foot setback from the Cherry Wood
Drive right-of-way.
COMMISSIONER CONSTANTINE: Is there any screening, extra
screening there, either on the east side? Because while that's a
canal there, directly across that canal is a single-family residence
with very little -- are you still with me?
Directly across the canal to the east is a single-family
residence with virtually no vegetative buffer. And I'm sure they're
less than enthusiastic about looking at a maintenance shed, too. So
these are the hurdles I need to get across. I need you to assure me
there's going to be vegetative screening so that shed isn't readily
visual to those folks on the east side or on the south side.
MR. ANDERSON: Okay. I've got somebody looking at that while I'm
standing up here.
CHAIRWOMAN MAC'KIE: You may think you do, but --
MR. ANDERSON: We've got a Type D buffer specified.
COMMISSIONER CONSTANTINE: Which means what to the average bear?
MR. ANDERSON: Well, that's what I'm attempting to --
MR. BELLOWS: Type T -- D buffer is 15 feet wide.
COMMISSIONER CONSTANTINE: I'm sorry, say that again?
MR. BELLOWS: It's a 15-foot wide buffer.
COMMISSIONER CONSTANTINE: 15-foot wide buffer?
MR. BELLOWS: Excuse me. From the property line in is 15 feet
deep.
CHAIRWOMAN MAC'KIE: What else can you tell us about a Type D
buffer?
COMMISSIONER CARTER: What else can you do here? I mean, D
doesn't mean anything. If it's like Memorial Gardens, forget it.
Page 50
December 14, 1999
COMMISSIONER CONSTANTINE: Yeah, I mean, 15 feet back it's 27
feet high or it's three feet high and it's spaced out. What does that
mean?
MR. BELLOWS: It's the same as along the roadway. It's a double
hedge. And I think it's eight feet. I don't recall the height of the
trees in the Type D.
COMMISSIONER CONSTANTINE: I need you all to visualize directly
on the right or on the east of this graphic, there's a single-family
home. There's a canal there, but then there's a single-family home
with an open yard.
COMMISSIONER BERRY: How big is that canal?
COMMISSIONER CONSTANTINE: 30 feet, maybe, across. Maybe.
COMMISSIONER BERRY: Maybe.
COMMISSIONER NORRIS: Would it satisfy your concerns if the
petitioner would agree to put a hedge in there and trim it?
COMMISSIONER CONSTANTINE: Yeah, if we could screen that
facility. The folks across the street to the south and the folks
across the canal to the east shouldn't be looking at a maintenance
shed.
COMMISSIONER BERRY: I agree. How about a hedge? I think that's
a good idea.
COMMISSIONER NORRIS: I don't know what they call that, that
thing that grows --
COMMISSIONER CONSTANTINE: Ficus.
COMMISSIONER NORRIS: -- so -- a Ficus type plant that grows so
thick? You square it up all the time.
MR. ANDERSON: Okay, that's fine.
COMMISSIONER CONSTANTINE: Is that a yes?
MR. ANDERSON: Yes.
COMMISSIONER CONSTANTINE: For the length of whatever that
maintenance facility is?
MR. ANDERSON: Yes, sir.
COMMISSIONER CONSTANTINE: And then the other issue I had raised
before is the setback in the northwest corner, which is basically a
chapel?
MR. ANDERSON: Yes.
COMMISSIONER CONSTANTINE: In the upper left-hand corner on the
graphic?
MR. ANDERSON: Yes.
COMMISSIONER CONSTANTINE: And you had said that was originally
set to be 15 feet off the edge of the property and they'd be willing
to double that to 30 feet. I had wondered if we might extend that.
MR. ANDERSON: I understood your question was about the mausoleum
setback, not the chapel.
COMMISSIONER CONSTANTINE:
the center of the property?
MR. ANDERSON: Correct.
COMMISSIONER CONSTANTINE:
that's where that will stay?
And you're showing the mausoleum as
And you're willing to commit that
Page 51
December 14, 1999
MR. ANDERSON: Within the setbacks, yes. I mean, I thought you
were asking about the mausoleum setback, and you were concerned about
the setback from the western property line for the mausoleum.
COMMISSIONER CONSTANTINE: And when you say well, it will stay
within the setbacks, that doesn't tell me that it's going to stay any
more than 15 or 30 feet away.
MR. ANDERSON: Okay. If you're asking for -- what setback do you
want from the western property line for the mausoleum building?
COMMISSIONER CONSTANTINE: Minimum 75 feet.
MR. ANDERSON: Okay.
COMMISSIONER CONSTANTINE: And the chapel is how far away?
MR. ANDERSON: The chapel is 15.
COMMISSIONER CONSTANTINE: And you had offered to double that.
Can we do that?
MR. ANDERSON: That was when I was under the impression you were
talking about the mausoleum.
COMMISSIONER CONSTANTINE: And the reason I ask is just it's
Estates zoned property. You have homes that are -- have bought in a
rural setting. Your chapel is where you will probably have daily
activity. So 15 feet's pretty close to have it to somebody's property
line when they expected to be in a rural setting. MR. ANDERSON: Okay, 30.
COMMISSIONER CONSTANTINE: That concludes my questions.
COMMISSIONER BERRY: What again, Bruce, is the screening along
that, where the chapel is, as far as buffering? What's the buffer
along there, a natural or --
MR. ANDERSON: The buffer along the --
COMMISSIONER BERRY: By the chapel.
MR. ANDERSON: Okay, along the property line or along the
Vanderbilt Beach Road?
COMMISSIONER BERRY: Along the property line.
MR. ANDERSON: Okay. That would be the 15-foot landscape buffer
within a 30-foot building setback.
COMMISSIONER BERRY: Okay. Could we just -- I don't know, I hate
to make it -- stipulate it, but I would like to encourage that it be a
pretty -- the type buffer that would be very dense, whatever material,
plant material is used would be something that's pretty dense. MR. ANDERSON: Okay.
CHAIRWOMAN MAC'KIE: Probably some help from the planners might
help here, help Commissioner Berry formulate what it is she's --
MR. BELLOWS: I think if we can just make a stipulation that the
landscape buffer be 100 percent opaque or opacity of 100 percent, that
would solve that problem and the type of vegetation, as long as it's
consistent with the vegetation. The Land Development Code would solve
everyone's concern about the exact wording.
CHAIRWOMAN MAC'KIE: That will address your concerns,
Commissioner Berry?
COMMISSIONER BERRY: Yes, that does.
CHAIRWOMAN MAC'KIE: Are there other questions for the
petitioner?
Page 52
December 14, 1999
COMMISSIONER CARTER: Yes, Commissioner Mac'Kie. Still back to
my concerns about groundwater. And along the Estates area, is it
possible to put in monitoring well, a well or wells, so that we can
ensure that there is no contamination of the groundwater at any point
in time? And that goes along with no matter how well you seal the
vaults and everything else, I would still like this very closely
monitored.
Mr. Anderson?
MR. ANDERSON: If that would help address your concerns and put
that issue -- bury that issue, as it were, yes.
COMMISSIONER CARTER: Well, I'm not sure it buries the issue, but
it certainly would be a monitoring effect. And would that be
something then that the county would monitor? Do we have the
wherewithal to do that?
CHAIRWOMAN MAC'KIE: Mr. Cautero, is that something that your
pollution control department could monitor, if we had such a well?
MR. CAUTERO: Vince Cautero.
I was just consulting with one of my chief environmental
specialists who informs that we could do that. We could install
groundwater monitoring wells, or the petitioner could, at your
direction.
The information we would gather, though, we would not have a
gauge. We would have to find that, perhaps, in another community,
take that information and use it for comparison purposes somewhere
else.
We -- this is a unique facility in the county. I don't know if
we'd be able to compare it to Naples Memorial Gardens or some --
CHAIRWOMAN MAC'KIE: Should you compare it to some national
standard? I mean --
MR. CAUTERO: We would probably have to do that if we couldn't
use another community. We'd have to look at some standards from the
state or the federal government.
CHAIRWOMAN MAC'KIE: I think the issue that Commissioner Carter
is getting to is, we would like to know when there is any leaching of
formaldehyde that would reach these wells that would rise to a level
that would violate an EPA standard or, you know, some alarm to go off.
Is that something that you can do?
MR. CAUTERO: We could do that. And in my brief conversation
with Mr. Smith, we would work with the applicant to appropriately
space these wells in order to obtain the data.
COMMISSIONER NORRIS: Can I make another suggestion as an
alternative? I know some of the residents are concerned about the
water issue, but if they're not concerned about the groundwater,
they're concerned about their well water. Do we have any mechanism,
or is it possible to sample their well water -- MR. CAUTERO: Yes.
COMMISSIONER NORRIS: -- on a particular interval?
MR. CAUTERO: Yes, the pollution control department -- I'm sorry?
COMMISSIONER NORRIS: Wouldn't that be more functional if we did
it that way instead?
Page 53
December 14, 1999
MR. CAUTERO: That could be done and it is done on a request
basis in the county right now.
CHAIRWOMAN MAC'KIE: So that might be -- well, maybe both,
though, are --
COMMISSIONER CARTER: Well, I'm just thinking, the one gets it
before it gets to the other. Otherwise, we would find it would be an
early detention device. If there's any kind of difficulties here, we
can immediately take corrective action to identify the source of the
contamination so as to not get it into the wells in the Estates area.
COMMISSIONER BERRY: I think in addition to that, if we were to
do the wells, then I think before we -- before anything is done to
this ground, I would like to have a reading from all of the wells that
are in this neighboring property, so we have a basis to start from.
COMMISSIONER CARTER: I think that's a good point. You have to
find out where you are before you start.
COMMISSIONER BERRY: Exactly. So we don't come up later on and
somebody says oh, well, this wasn't this way before, and we have no
basis to go from.
COMMISSIONER CARTER: Because septic tanks could be a --
COMMISSIONER BERRY: Absolutely.
COMMISSIONER CARTER: -- culprit more than anything else. So
let's find out where we are to begin with, and then if we can have a
protective device in there that ensures that we don't do anything in
the future, perhaps that will --
CHAIRWOMAN MAC'KIE: Got a suggestion?
COMMISSIONER CARTER: -- arrest the fears of the --
CHAIRWOMAN MAC'KIE: Mr. Cautero?
MR. CAUTERO: Individual well sampling could be done, I believe,
without making that part of the condition. It would be a monitoring
issue, and you could give direction on that.
As far as monitoring wells is concerned, I would recommend to you
that you make that part of the condition package in the PUD. And we
would then work with the developer for their placement of those wells
and for our inspection.
COMMISSIONER NORRIS: In both cases, you could develop a baseline
now so that you would have something for comparison in the future.
You would want to start your monitoring wells before they break
ground, as Commissioner Berry said.
MR. CAUTERO: That's correct.
COMMISSIONER CARTER: County attorney.
CHAIRWOMAN MAC'KIE: Yes, Mr. Weigel?
MR. WEIGEL: Thank you. In regard to the consideration of a
monitoring of wells, whether they be wells specifically created and
placed for monitoring purposes on the site of the proposed
development, or the monitoring of private household wells off-site,
one thought comes and that is that we're all concerned about the
causality of contamination of private wells. It -- although the
monitoring of the private wells is important in and of itself, there
could be any and other sources of even equivalent or similar
contamination to those wells, which wouldn't necessarily prove
Page 54
December 14, 1999
causality of leaking from the proposed development, were it come to
pass.
The individual wells suffer the -- call it the frailties or
vulnerability of individual action or accident, et cetera, on whether
there would be a spill or placement of formaldehyde or other materials
in the ground surrounding the wells or in the wells themselves.
So I think that may be very important to do but shouldn't be
considered as a sole function or a sole application for monitoring.
And that probably true monitor wells should be at a minimum, utilized
in conjunction with any private well monitoring that's done.
COMMISSIONER CARTER: I think that's what we said, we wanted to
baseline both.
CHAIRWOMAN MAC'KIE: That's what I think we said, yeah, do both
and have a baseline for both.
COMMISSIONER CARTER: Right.
CHAIRWOMAN MAC'KIE: And nevertheless, even having that, what the
point I think Mr. Weigel is telling us is, if somebody takes a bottle
of formaldehyde and pours it into a well, we can't just assume that it
came from leaching from this --
COMMISSIONER CARTER: That's right. So if you have the baseline
in both areas and you go back and find that your monitoring wells are
not indicating that, then you know that it was not an act of the
cemetery.
CHAIRWOMAN MAC'KIE: Or it could have been both.
MR. WEIGEL: Thank you, commissioners.
COMMISSIONER NORRIS: The other thing is, you know, if you
understand a little bit about geology, which is probably a dangerous
thing, like any other subject, the thought of getting anything through
35 or 40 feet of a confining layer from one aquifer to another are
pretty remote.
CHAIRWOMAN MAC'KIE: Okay. Are there other questions for the
applicant?
Mr. Constantine.
COMMISSIONER CONSTANTINE: One other item. One of the speakers
had mentioned the desire that the back portion of the property be done
first, just for their visual aspect, south portion of the property, so
that if you have to go in and take out some of the exotics, then
whatever you intended to replace, you could do that earlier in the
process rather than as the last item for their visual benefit.
Any objection to phasing that in at the early part of the
construction?
MR. ANDERSON: Probably -- probably not.
COMMISSIONER CONSTANTINE: And by the sound of things, there's
not going to be any construction activity back in that last buffer
area anyway, so I wouldn't think it would be a problem.
MR. ANDERSON: Except the exotic removal.
COMMISSIONER CONSTANTINE: Right.
COMMISSIONER NORRIS: And your idea is to let it start growing
back as soon as possible, right?
COMMISSIONER CONSTANTINE: Right.
Page 55
December 14, 1999
COMMISSIONER NORRIS: Yeah, okay.
CHAIRWOMAN MAC'KIE: Protect that neighborhood at the earliest
possible point I think is the issue.
MR. ANDERSON: As a result of your discussion, if you do want us
to put in a monitoring well --
CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER CARTER: Wells.
MR. ANDERSON: Now, I don't know who would determine how many
would be needed.
CHAIRWOMAN MAC'KIE: Staff. Our staff.
MR. CAUTERO: Pollution control department will work with the
applicant's consultants.
MR. ANDERSON: We will need to amend the reserve district
permitted uses to specify that monitoring wells can be put there.
CHAIRWOMAN MAC'KIE: I would imagine that would be an easy
amendment, wouldn't you?
MR. ANDERSON: Well, I'm wanting you to approve that.
CHAIRWOMAN MAC'KIE: But the question that Commissioner
Constantine had at this point had to do with the landscaping, the
timing for landscaping along the residential area.
MR. ANDERSON: Yes, we'll agree to do that in conjunction with
the first building permit.
CHAIRWOMAN MAC'KIE: Does that address your concern,
Commissioner?
COMMISSIONER CONSTANTINE: Yeah, thank you.
CHAIRWOMAN MAC'KIE: Any other comments or questions for the
petitioner?
If not, I'm going to close the public hearing. Who wants to try
a motion on this? It's going to be a complicated one, assuming it's
more than a motion for denial.
COMMISSIONER CONSTANTINE: I could simplify it.
CHAIRWOMAN MAC'KIE: Yeah, you probably could.
COMMISSIONER BERRY: Well, I'll make a motion and craft it with
the information that we've been given in regard to approval with all
the buffering changes and requirements that we have stipulated in the
record, and also the placement of monitoring wells, which will require
a change.
COMMISSIONER NORRIS: Setbacks.
COMMISSIONER BERRY: Setbacks. Are there any other elements?
Setbacks, buffers, wells.
COMMISSIONER CONSTANTINE: Consistent with everything you
stipulated on the record.
COMMISSIONER BERRY: Absolutely.
CHAIRWOMAN MAC'KIE: And the number and location of wells to be
COMMISSIONER BERRY: To be worked out with our staff and the
environmental -- our environmental --
COMMISSIONER NORRIS: I'll second.
CHAIRWOMAN MAC'KIE: Okay. There's a motion and a second.
Staff, have we missed anything?
Page 56
December 14, 1999
MR. BELLOWS: I think you've 9ot everything. The landscaping in
the rear, the 100 percent opacity along the maintenance shed.
CHAIRWOMAN MAC'KIE: Right.
MR. BELLOWS: They already have incorporated the landscaping
along Vanderbilt Beach Road, so I think you have. CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CARTER: Along with that, I think it would be a good
idea to go back to the neighborhoods and specifically articulate all
of these changes so that the homeowners' groups there understands
specifically what's in the PUD, all the changes, modifications, and
have those questions answered for them. Because many of those people
might not be here today.
CHAIRWOMAN MAC'KIE: Well, and basically Mr. Bellows will be
developing a list of the stipulations, based on his review of the tape
of today's meeting. And once that's done, I think it's a good idea to
communicate that with the neighboring properties.
COMMISSIONER CONSTANTINE: Yeah, I will tell you, I certainly
appreciate how cooperative the petitioner's been and willing to work
with us on this. Because we had, I don't know, 60, 70 people out on
the road. We talked about this in great detail. And that was only
one of two meetings. And unfortunately most of those people have to
work so they're not with us today. But I don't want that to be
mistaken for lack of concern on it.
So despite the cooperative nature of the petitioner, I'm not
going to support the item, because I think there are still some pretty
strong concerns from the community.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: I think because this has been a wide-ranging
discussion regarding the stipulations, it might be appropriate for the
staff to just review the subject area of the stipulations so that it
is clear which stipulations are being included for the record.
CHAIRWOMAN MAC'KIE: I'd be more comfortable with that. I
appreciate that suggestion.
MR. BELLOWS: I think staff is prepared to do that.
CHAIRWOMAN MAC'KIE: Can you try to do that for us, Mr. Bellows?
MR. BELLOWS: Yes. The stipulations that staff would like to see
is provision for monitoring wells, that the setback for the chapel is
30 feet, the setback for the mausoleum is 75 feet minimum, and that
there be 100 percent opacity around the maintenance shed.
COMMISSIONER CONSTANTINE: On both.
MR. BELLOWS: Both sides. And that, I believe, is all we had.
COMMISSIONER CONSTANTINE: And the early phase-in of --
CHAIRWOMAN MAC'KIE: That's the one.
MR. BELLOWS: And the phasing in.
COMMISSIONER CONSTANTINE: -- of landscaping on the rear portion
of the property.
And could we just say and any other stipulation that Mr. Anderson
has agreed to on the record that we may be forgetting at this exact
instant?
Page 57
December 14, 1999
CHAIRWOMAN MAC'KIE: I think we should.
COMMISSIONER CARTER: Commissioner, let me ask you this question.
You do not want to support this. Do you think that there's anything
in the future that would change your mind on this, or you just think
that there's just such overall community objections to this that we
shouldn't go forward with it?
COMMISSIONER CONSTANTINE: Well, I think that really the second
is more of the reason. I think if it wasn't for the freak history on
this piece of property -- that's why I asked the question at the very
beginning. You saw the map with the little notch. It's just by freak
history 40 years ago that this one little section isn't included as
Estates zoning, the way everything else on that street in that area
is. So that's really where the hard part for me comes in, is whether
or not it's compatible.
COMMISSIONER CARTER: It's never compatible in this situation.
And yet your opinion is they really should be looking for another site
other than this to do a second cemetery?
COMMISSIONER CONSTANTINE: Correct. I have no -- I don't argue
at all that we need a second cemetery, particularly with the problems
we've had with the existing public cemetery. But I think this is a
strange little piece of property that's tucked in just by an oddity of
zoning from years and years and years ago before there was even
streets out there, so --
COMMISSIONER CARTER: I have to ask a final question. If the
petitioner has a certification of need established, can they then look
elsewhere in Collier County to find another site location for a
cemetery?
CHAIRWOMAN MAC'KIE: Why don't we open the public hearing for the
purpose of Mr. Anderson answering that question.
MR. ANDERSON: No. If this is turned down, we start from ground
zero all over again with a certificate of need process, because the
certificate of need process is site specific. We had to identify this
piece, and it's not simply like most other land uses that come before
you. If it's not permitted at this site, we're free to go along with
the marketplace. And the state approval process is a very tedious
one. That's why there hasn't been another cemetery for so very long.
COMMISSIONER CARTER: Well, I guess having looked at this piece
and just following up on this conversation of looking at other
alternatives in other areas of the county, I guess I am a little
puzzled as to why you would have selected this site if it was going to
be so controversial.
MR. ANDERSON: Well, one never knows when controversy is going to
erupt. Believe you me, I thought if I came in and I'm not putting any
homes in, I'm having 85 percent open green space, no nighttime
activities, that this would be a project that would be welcomed with
open arms. Surprise, surprise.
COMMISSIONER NORRIS: Mr. Anderson, did you say at the outset of
your remarks that since this is agriculture, it's a permitted use in
any case?
Page 58
December 14, 1999
MR. ANDERSON: A conditional use in the agricultural zoning
district. And when this -- this property was specifically not
included in any of the platting that occurred in Golden Gate. I have
that plat here, if you're interested in looking at that.
And another reason this site was selected was because of the
geologic formations, that there was enough of a confining layer in the
soil types. We are going to be adding some fill to it. But this was
a good site. You can't bury just anyplace.
CHAIRWOMAN MAC'KIE: I have to say, I think this has to happen in
this county, and I don't -- I can't imagine where we could locate a
cemetery that wouldn't raise objections. I think this -- you know, I
think this is going to be an objectionable use and that our
responsibility is to over, over, over respond by having more than
adequate buffering, more than adequate water quality protection.
I think that we have done that with the cooperation of the
petitioner such that this is just -- it's just down to nobody really
wants this anywhere near anybody. And it's -- it practically ought to
be one of those essential elements that we have to provide, like water
and sewer and those things. I mean, it's something that has to be
provided for in this county. It's unpleasant, but it's also
necessary.
I think that protections are much more than adequate or at least
are as adequate, as stringent as we can get them. And I'm going to
support it. I think it has to happen.
COMMISSIONER CARTER: So if we moved to another agricultural
area, I would get the same argument --
CHAIRWOMAN MAC'KIE: That's my prediction.
COMMISSIONER CARTER: -- for instance, orange trees, that it
would contaminate them.
COMMISSIONER CONSTANTINE: Well, the difference in Orangetree is
they have water and sewer. And these folks are all on wells.
COMMISSIONER NORRIS: Maybe a bad example, but the point's the
same.
CHAIRWOMAN MAC'KIE: But the point is nevertheless the same.
COMMISSIONER CARTER: When I say orange tree, not the community
of Orangetree. I was saying --
COMMISSIONER CONSTANTINE: Oh, okay.
COMMISSIONER CARTER: -- if you move near an orchard -- I should
use that -- or if they move near a tomato field, I would get the same
MR. ANDERSON: You might not get a certificate of need approval
from the state, though, because as I understand it, they look at the
population, the projected population, within a 15-mile radius of the
site.
CHAIRWOMAN MAC'KIE: I'm going to close the public hearing again
and call the question, unless there's further discussion by the board.
If not, the motion is for approval.
All in favor, please say aye.
Opposed?
COMMISSIONER CONSTANTINE: Aye.
Page 59
December 14, 1999
CHAIRWOMAN MAC'KIE: Motion passes 4-1.
Item #TA
LINDA FRIAR REPRESENTING THE SOUTH FLORIDA ECOSYSTEM RESTORATION TASK
FORCE, FLORIDA INTERNATIONAL UNIVERSITY REGARDING A STRATEGIC PLANNING
INITIATIVE - STAFF TO WORK WITH THE TASK FORCE
And we will go to Item 7(A), public petition, Linda Friar.
We'd ask those of you who are leaving to do that quietly.
And Ms. Friar, if you could get up here. The public petition
process allows for 10 minutes, and the board cannot take action based
on a public petition, but can direct staff to take action, if it deems
appropriate.
I'm also going to just mention to the board members that I ask
your indulgence. Immediately following this item, I'm going to move
the resolution for creating Collier County as a community of character
forward, because we do have both the city manager for the City of
Naples and the sheriff coming, and I promised him we could do this
before lunch. I didn't anticipate the timing problems we've run into.
So we'll do that immediately following this item, and then we will
take a lunch break, if anyone is interested in our schedule for today.
COMMISSIONER BERRY: That's usually at noon?
CHAIRWOMAN MAC'KIE: Lunch break will follow immediately after
the Community of Character Resolution hearing and will be for an hour.
MS. DOLL: Good morning. Thank you for your time. I know you're
running a little late in the agenda and I will try to keep it brief.
CHAIRWOMAN MAC'KIE: Your name, for the record.
MS. DOLL: I am not Linda Friar.
CHAIRWOMAN MAC'KIE: Oh.
MS. DOLL: I am Linda Doll. And Linda Friar and I work together
with a team of other people who are in the front of your little white
booklet, two of whom are with me today.
I am an urban planner, and I'm working on Everglades restoration.
Which sounds like kind of a disjunct, I think. And Commissioner
Norris is smiling because he's already heard my shtick here. And of
course, Commissioner Mac'Kie is very familiar with what it is we've
been doing with the South Florida Ecosystem Restoration Task Force.
That's who I work for.
I work for the South Florida Ecosystem Restoration Task Force,
I'll say it again. It's a -- kind of an evolving body, or a body that
has evolved significantly. They started out in 1993 when it was clear
that the federal government was spending a great deal of money on a
whole bunch of different things here in South Florida on Everglades
restoration. And as is not uncommon with the Federal Government, one
arm did not know what the other was doing. We had -- CHAIRWOMAN MAC'KIE: Imagine that.
MS. DOLL: -- the Department of Commerce with the National Marine
Sanctuary in the Florida Keys; we had the National Park Service doing
a great deal of work with the four national park service units we've
Page 60
December 14, 1999
got here in South Florida; of course, we had the Department of Defense
with the Army Corp of Engineers and the comprehensive plan for South
Florida, all working on separate projects, but there was a real
concern that they were not working in concert with each other.
So through a federal interagency agreement in 1993, they formed
this interagency task force called the South Florida Ecosystem
Restoration Task Force.
And the federal government was going on its merry way, thinking
that they had a good handle on what was going on here in South
Florida, as far as effecting the Everglades and restoring the
Everglades. And lo and behold, it dawned on them that they had a very
important state partner in the South Florida Water Management
District. So they started spending more time with those folks. And
pretty soon the Governor's office became involved.
And in 1994 they formed the Governor's Commission for Sustainable
South Florida that Commissioner Mac'Kie was a part of for so long
until they sunsetted with the changing administration.
The Governor's commission was mostly elected officials and
non-staff members, non-federal, non-state membership, and their
mission was to coordinate with this federal and state task force and
to develop recommendations and urge public support for regaining a
healthy Everglades ecosystem. And they specifically were charged with
keeping sustainable economies and communities as part of Everglades
restoration.
There was still a very incomplete picture of players working on
all of this, because it became clear that people like yourselves
sitting in these 16 counties, over 100 cities, the five regional
planning councils, the many chambers of commerce, the many economic
development councils, the agriculture industry, are all making
decisions and spending money on things that affect the Everglades and
the health of the Everglades, and whether or not we've got healthy
communities and healthy economies that of course are an inseparable
part of having a healthy ecosystem.
So in 1996 in the Water Resources Development Act, they expanded
the task force again. And the task force now has local government
members. They included the Seminole and Miccosukee tribes and they
expanded the state participation.
In the back of the booklet that I gave you, and in the white book
as well, there is a kind of the Gant chart of your nightmares that --
not Gant chart, but organizational chart that shows this in kind of a
nutshell. You can see at the very top in green, these are all of the
agencies from the federal and state government that are members of the
task force now.
CHAIRWOMAN MAC'KIE: I've got to tell you guys, it's much more
complicated than figuring out a solution for restoring the Everglades
was just figuring out who was who in this whole process. So you're
really lucky to have that little chart there.
MS. DOLL: The chart helps, and of course the mauve circle to the
right of the chart is the Governor's commission, as it was formed
under Governor Chiles.
Page 61
December 14, 1999
We're happy to say that Governor Bush has embraced this whole
effort and has appointed, or is in the middle of appointing a
Governor's commission that's very much like the one that was under
Governor Chiles. And those members are meeting this week in
Tallahassee, the new members.
Their charge is a little different, their mission's a little
different, and they're still figuring that out. But they are intended
to be a sister agency or a sister organization to the task force to
kind of be the fingers into the community. Not just the local
government community, but the business community, the tourism
industry, the agriculture industry, and they give recommendations to
the task force.
Underneath the task force are the worker bees. You can see that
the task force, these are cabinet level, assistant secretary level
people. The real work gets done in the tan box. And the tan box is
the working group of the task force. And you can see the membership
there. It's got members of each one of the federal departments. The
State of Florida has a huge presence on the task force and it includes
the Department of Environmental Protection, the Water Management
District, the Governor's Office, the newly reorganized Fish and
Wildlife Conservation Commission. These folks get together about
every four to six weeks to discuss Everglades restoration, and to
discuss how they can be more inclusive and more effective in
Everglades restoration and maintaining a healthy South Florida
economy.
They realized that meeting with themselves every four to six
weeks was not getting the fingers out into the community, so they
hired me, and they hired the people that are working with me. And our
names are in front of the white book. We are a team of -- of and from
the task force membership and the working group membership and the
Governor's Commission membership.
I am an urban planner. I've not only worked for counties in 25
cities and two regional planning councils, but have also sat on the
planning commission of the county I live in, and I'm on the Open Space
Advisory Committee for the county I live in. So I've got extensive
local government experience.
We've got a woman, Linda Friar, who I'm here in her stead, came
from Treasure Coast Regional Planning Council. We have two new
members, Julio Vanjul (phonetic), who is from the Water Management
District, and Alan Childers, who came to us from Audubon. So you can
see we've got a very diverse group -- team of people working on
pulling together and coordinating the efforts in South Florida.
Our charge is not to duplicate the effort of the working group
but to make the working group more effective. The task force, which
was formed, like I said by word, in 1996 -- this is what the federal
task force charter says that they have to do: First of all, they have
to provide assistance for the restudy that the Army Corps of Engineers
is -- has out on the streets now and you're all familiar with.
They also have to coordinate the development of consistent
policies, strategies, plans and programs affecting restoration and
Page 62
December 14, 1999
preservation of the ecosystem in South Florida. They're a
clearinghouse for information. They facilitate interagency
cooperation. They share science, make sure that science is not being
duplicated. They provide assistance and support to other member
organizations, and -- yes, ma'am.
CHAIRWOMAN MAC'KIE: What might Collier County's goal be here?
MS. DOLL: We are going to -- we have been to 14 of the 16
counties. What we're asking of the local elected officials is, and of
the chambers of commerce and the minority community and the
conservation community, it's our charge to find out who's doing what
out there that feeds into having a healthy South Florida economy that
is in complete concert with the healthy South Florida ecosystem and
environment.
Our job has been to collect who's doing what, who's got what on
the books. We've got every comp. plan; we've got all of the RCP
plans; we've got your Comprehensive Plan and we've analyzed them.
We also know that some people have gone way beyond the 1985 act
and checking the box with the comprehensive plans and that some people
aren't particularly fond of the comprehensive plans. And a lot of
people have gone a step further, and we've got those too. We've got
FOCUS, we've got the Naples Visioning Documents. There are many
exciting things going on in Miami-Dade. Treasure Coast is doing some
wonderful things.
It's our charge to do three things: Number one, find out who's
doing what out there besides the federal government. Because we know
very well what the federal government's doing.
Number two is to analyze that and see who's using those plans,
what exciting things they're creating with them, and whether or not it
has applicability across jurisdiction. So that if there's something
wonderful that's going on in Naples, can it apply to Stuart? If
VERA's (phonetic) doing something exciting, is that transferable
someplace else? If we've got a community like -- I'm sorry, an
organization like a Regional Planning Council or Water Management
District or a national park or Army Corps of Engineers that has a huge
staff of technical people that they can pull together in kind of a
SWAT team fashion to help local communities that might not have the
resources that Collier County has, to identify ways to help good
things happen.
The other thing that we're finding out is that a lot of people
have done some really important work, some hard thinking, some
community visioning exercises, but they've got obstacles to doing the
right thing. We've got inheritance tax laws that are standing in the
way. We have got institutional, structural, political, and traditions
that are standing in the way.
CHAIRWOMAN MAC'KIE: Let me interrupt you one more time, because
what I think that you're -- I think your work is very important and I
want to be sure that I'm supporting what you're doing.
If what you need from us today is a request -- is to ask our
staff to work with you toward those goals, is that -- is that your
request? Or is it more -- is it something else?
Page 63
December 14, 1999
MS. DOLL: We've been talking to your staff and they've been very
helpful. And we would like your permission to continue talking to the
staff. We want to know from you when you go home tonight and it's
2:00 in the morning, you can't fall asleep, and you had to make a
decision today that wasn't what you would have liked to do in your
heart, maybe it wasn't what your plan said, but because of some reason
-- is there something that's driving your decision-making that we
might be able to help with?
We have bipartisan support in Congress, we have this
administration's support in the executive office, we hope to have the
next president's support as well. We think we've got a national focus
on making some things change, and we need to hear from people like you
guys who are sitting here making decisions on a day-to-day basis,
what's working for you, what's not working for you.
Second of all, we need to find out if you're doing something
wonderful, are you willing to share? Is there something you're
particularly proud of that we can work with your staff and storyboard
it and take it around, shop it around? We're talking about maybe at
the end putting together some sort of an official slide show that says
in Naples they're doing this, in Collier, they're doing this, and in
Stewart they're doing this, and other people can steal ideas from you.
CHAIRWOMAN MAC'KIE: I think the answer to that is that it would
be good if you would meet with us individually if you can, because I
certainly would want to share with you the comprehensive planning
process that we're going through now and the whole Eastern Collier
Properties, the committee that Commissioner Berry is chairing. I
mean, there are a tremendous amount of really innovative, exciting
issues that are being dealt with in this county. And I think that
each of us would be happy to meet with you and discuss those.
MS. DOLL: That would be great.
CHAIRWOMAN MAC'KIE: Okay.
MS. DOLL: We're in the first phase of our process. The first
phase of the process is this assessment on what's going on out there,
what we can share across boundaries.
The second exciting thing that we have coming up is in September
we're going to convene a symposium of all of the people who have been
doing big thinking on this, people who sit in decision-making roles,
people who are experts in the field, internationally but more
importantly in Florida. And we're going to put them together in a
room.
And once we've collected this vision of what a healthy economy
and a healthy environment intertwined looks like in South Florida,
we'd like to start putting together a workbook of strategies from
these big thinkers. And we'd like your support on that as well. We
are going to come to you this summer and ask you for names of people
that you know in your community who you would like to represent
Collier County in that symposium. And we're going to put everybody
together in a room and do some big thinking and then we're going to
break them back out into the subregions and apply the local fact
pattern and apply some of the big picture strategies that we're
Page 64
December 14, 1999
hearing and see if there's -- like I said, if you've got some little
sister entities around here that you can help, or if you've got some
ideas that we can throw some resources at from the task force, we'd
like to be able to share the things that are going on. CHAIRWOMAN MAC'KIE: Okay. We appreciate that.
Any other comments or questions from board members?
COMMISSIONER CARTER: Just a question. Who pays for all of this
effort that you're doing?
MS. DOLL: You do. You're paying for it as we speak. We are --
and there are two important things that I need to address and I
didn't, and that's one of them. This money is earmarked separate line
item in the federal budget for Everglades restoration. And --
COMMISSIONER BERRY: That's part of the 7.8 million?
MS. DOLL: No, it's not.
CHAIRWOMAN MAC'KIE: Not part of the 7.8 million.
MS. DOLL: It is not.
COMMISSIONER BERRY: Billion. I'm sorry, billion, not million.
MS. DOLL: It is not. We're a very small price tag compared to
that, because what we're paying for here is planning, and we're paying
for four planners. We hope that this is priming the pump, that we can
put together -- and we have a lot of in-kind from our constituent
members on the task force.
We hope that in the end it's a wise expenditure of funds because
we come up with this technical assistance resource pool at the end
that make decisions and implementing healthy decisions at the end of
this process much more feasible. But it is federal tax money, and
we're being paid through a line item on the interior department
budget.
The second thing that I didn't say to you is --
CHAIRWOMAN MAC'KIE: And you'll need to wrap it up, because
you're past your time. MS. DOLL: Yes.
The first thing people usually ask me is, who the heck do you
think you are coming here with federal money and asking us about local
land use decision-making? And the most important thing I want to
communicate to you is that we have absolutely no authority to tell
Collier County or any other county what to do. We are here to find
out what you're doing and to make communication and sharing among the
entities more feasible, more possible, and so I don't come here with
regulatory intent.
With that, I thank you very much for your time.
CHAIRWOMAN MAC'KIE: Well, we appreciate that. And it sounds
like some really important work and hopefully you'll be able to
schedule some time with each of us to discuss some of this.
MS. DOLL: I look forward to it. Thank you.
Item #10J
RESOLUTION 99-475 ESTABLISHING COLLIER COUNTY AS A COMMUNITY OF
CHARACTER - ADOPTED
Page 65
December 14, 1999
CHAIRWOMAN MAC'KIE: Quickly, before we 9o to lunch, I appreciate
your indulgence in my taking Item 10(J) out of order.
COMMISSIONER NORRIS: That's 7(B)?
CHAIRWOMAN MAC'KIE: 7(B)? Oh, I don't have that.
COMMISSIONER BERRY: Mr. Nowak, sewer impact fees.
CHAIRWOMAN MAC'KIE: I'm so sorry.
COMMISSIONER NORRIS: He's been waiting patiently.
CHAIRWOMAN MAC'KIE: We'll hear that and then we'll hear the
Community of Character Resolution. If he's here.
COMMISSIONER NORRIS: Mr. Nowak?
MR. FERNANDEZ: Mr. Nowak?
CHAIRWOMAN MAC'KIE: Going once, twice.
COMMISSIONER CONSTANTINE: Anybody know anything about his
request?
MR. FERNANDEZ: Yes, he submitted a request to raise an appeal on
the sewer fees, sewer connection fees, or is it sewer impact fees?
CHAIRWOMAN MAC'KIE: Well, could I -- unless there's somebody on
the board who wants to bring this forward, I think we should -- we'll
call for it -- I'll call for it again right after lunch, in case he
left for lunch, because that's what I described we were going to do.
And if he's here, we'll hear it, and if he's not, we'll move on.
The Community of Character Resolution that I've put on the agenda
today, it's Item 10(J), is something that is very near and dear to my
heart. It's something that I hope the board will be able to support.
Generally, I want to introduce it. And then I know that there
are just a couple of speakers. There's been quite a bit of groundwork
done, and we certainly could have packed the room with people who are
supporters of this concept, and in deference to the schedule of the
board did not do that today.
But in a nutshell, this resolution declaring Collier County as a
community of character is what I have outlined in a memo to you. There
are several steps involved in this process. The first one would be
hopefully that the board today would adopt this resolution declaring
Collier County to be a community of character.
Thereafter, I would ask that we direct staff to investigate what
might be an appropriate methodology for implementing character
training, if they find that to be something that would be useful for
our staffs. I think we'll hear from the city manager of the City of
Naples and from the sheriff, that they are likewise investigating such
training process.
But this is -- this is simply a declaration that Collier County
is a community of character, made for a couple of purposes. One is
just for saying who we are, and raising the bar of public awareness.
Hopefully for creating a public awareness campaign that can be
disseminated in the community.
Secondly, my personal reason for bringing this forward relates to
the growth of the county. And that is, I know what Collier County is,
I know what it was 14-plus years ago when I came here, and there's no
doubt that it is already a community of character.
Page 66
December 14, 1999
The question that I have relates to the expediential rate of
growth and the need for us to define ourselves as a community of
character so that as the community grows, the character of the
community is not diluted; so that we inform people up-front as they
come into the community just what kind of an area they are joining.
The implementation of this is something that again I would ask
staff to investigate, if the board supports it. And unless there are
questions of me, I'll just ask the public speakers --
COMMISSIONER CARTER: I understand, Madam Chair, this has been
successfully done in other communities, and very successfully done.
And I suspect the Sheriff will have something to say to your points
and how it continues to build character in the community and helps
people do a better job of preserving what is so valuable to us.
CHAIRWOMAN MAC'KIE: And does that in a way that is very
measurable. As I've indicated to you in some of the bullets I've put
in the memorandum that I've prepared in support of this application.
Other comments?
COMMISSIONER BERRY: The only other comment, I believe early on,
back when this came before us a period of time ago, or there was some
brief discussion about it at that time. As in many good things, there
is a price tag associated with this. And from that point of view, I
think that perhaps it might be in the interest of Collier County if we
set up some kind of a little committee to investigate some issues of
ways to pay for this.
I'm not so sure that the taxpayers -- that this is an issue for
taxpayers. If we think -- if there's a possibility, I'd like to see a
committee organized for this, to come back to us at perhaps our first
meeting in February, after they've done some work and some
brainstorming on how to cover the cost of this, perhaps, and also how
to -- maybe they've got some suggestions, even talking to staff, on
how to implement it.
I think today our task, if I understand it, is strictly the
approval of the resolution. Is that true, Madam Chair?
CHAIRWOMAN MAC'KIE: Yes, it is. I will tell you, there's
basically four parts to this, and you're outlining them very
appropriately.
First, today's action would be to adopt the resolution. The
second would be to create a community coalition for character. It's
suggested that the membership include government, business, schools
and faith community. And I'll tell you that I've already done a lot
of groundwork and have a great deal of participation from all of those
areas. There's a great deal of interest, but we should create that
community coalition for character.
Then there is based on that community -- that committee's
recommendations, there are -- there's an awareness campaign. There's
training issues, there are other -- and how to pay for it. All of
that would come to us from the coalition as recommendations to the
board for future decision-making. Today would be --
COMMISSIONER BERRY: And then I think the final wrap-up, that
after assuming that we were to go forward with this, that after, say,
Page 67
December 14, 1999
a year, that there be a report that comes back to the Board of County
Commissioners to determine how are we doing. I think this is very,
very important.
I don't think you just implement these kinds of things and say
okay, we've done it and now we're home free and everybody goes on
their merry way. I think that the citizenry is entitled to know what
we're doing, how it's going along. If we're going to pass a
resolution, then I think they're entitled to that, even though we may
not be the ultimate funding source for it.
CHAIRWOMAN MAC'KIE: I think that's a very good suggestion and
should be a part of the program. Speakers?
MR. FERNANDEZ: First speaker is Pat Barton, second speaker is
Kim Anderson.
CHAIRWOMAN MAC'KIE: Pat Barton had to leave.
MR. FERNANDEZ: Third speaker is Don Hunter.
CHAIRWOMAN MAC'KIE: And after that we have --
MR. FERNANDEZ: That's it.
CHAIRWOMAN MAC'KIE: Actually, I know Mr. Rambosk is here and he
wants to be heard, so he'll fill out a form, I'm sure.
And I believe Pam Watson's here somewhere, if she is within
earshot.
MS. ANDERSON: Good afternoon, and Merry Christmas, ladies and
gentlemen of the board. For the record, my name is Kim Anderson. I
reside at 525 Yucca Road in the City of Naples.
This morning I'd like to commend you for your courage, Madam
Chairman, for putting this important issue on the agenda. And for
you, ladies and gentlemen supporting its coming before you for your
attention today. And I'd like to certainly salute Mrs. Berry's
comments just now on making certain that there are checks and balances
and that there be some measurable items put into the detail of work,
and that a staff person be appointed to work directly with this
committee. I think that is very important. And nothing that you
should give your time to should be something that is just fluffed off.
So thank you very much.
The issue of character in a community is gravely important,
particularly this one. To support the principles of honesty,
truthfulness, diligence, generosity, obedience, kindness, loyalty, and
courage is not always easy. I've found in my own life that putting
these qualities uppermost in my actions and in my words frequently
requires that I put other people's agenda ahead of mine.
Boldly proclaiming such a commitment to these principles is
something more than just reading a proclamation. Today you'll be
asked to take personal action, as well as public action. You'll be
setting the standard in doing this.
I can tell you that by adopting this resolution, you will be
setting us up as a world-class community. I believe that Collier
County is certainly that world-class community. And you will not be
standing alone, you will be setting the mark for the others to come
to.
Page 68
December 14, 1999
I think by doing so, making a statement that you are not willing
to sit by and live by situational ethics, but be judged on consistent
character traits is something very important. And I really commend
you for that. I believe in enacting this resolution, that the
residents and the leaders other than yourselves in this community will
step out and fund this initiative. And you can start here today by
doing so.
Thank you for your time. I hope you have a great holiday season.
CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: Next speaker is Don Hunter.
SHERIFF HUNTER: Good morning. Thank you for the opportunity to
speak. Don Hunter, Sheriff, Collier County, Florida.
And yes, we have looked into the issue of character building
within the agency. We know that as law enforcement officers, we are
held to a high standard, and we're looked to as being role models,
especially in our schools and in our young people.
I think that clearly, if you just merely scan the headlines, you
see the violence around the country, in our schools, in our work
places, some would even suggest that extending up to the president of
the United States, that we have some value clarification needs in this
country. I believe that I'm not the first person to make the
observation that we seem to be on something of a downhill slide in
terms of our values and the norms that this country was built upon.
And I know I speak as executive of one law enforcement agency
locally, and I think you'll hear from another man after me, that we
have had some recent challenges to administration and management. I
can say that in my discussion with sheriffs from across the State of
Florida, 67 of us agree that the -- this thing we call generically
generation X has become quite a large administrative challenge,
because within it we see embedded a value system that is much
different than what we saw before. They believe that we owe them
things; we owe them more than just an opportunity to do work, that
many times we're having to do the work for them.
That as a backdrop launched me into a process of thinking about
what can we do to better our circumstances, if nothing more than just
in Collier County, if nothing more than just in the Sheriff's Office
of Collier County, how can we preserve the values that we hold; how
can we reinforce the culture that we have started in the Sheriff's
Office in Collier County; what might we do proactively to better our
condition?
And in doing quite a bit of research over the last year, I've
only discovered two possibilities: The first I believe is Character
First, which is a -- the name of a group of people who go about
proactively reinforcing values around the country. And of course, you
already know of the efforts of value clarification that we are
conducting here under the drill academy. That's all that that is.
We've taken our worst juvenile offenders and we've tried to say we
need some value clarification in you, you're going to have a year to
show us that they have adopted new principals and values and that you
Page 69
December 14, 1999
are able to act in a social way, in a social grouping that is more
acceptable.
I think that I need to extend that to the Collier County
Sheriff's office not because we're in a crisis but proactively,
because we need to enforce in our group that we stand for something,
we stand for the principles that were just enumerated by Ms. Anderson:
Integrity, honesty, responsibility for your actions, courage.
There's a list of, I believe, 89 principles. The Collier County
school board's adopted seven of them, I believe.
And I believe it's in our best interest that the county -- and
certainly in my best interest as an administrator of a large
organization here that is held to a high standard to adopt those
principals, work on those principals on a monthly basis, and make it
part of our regular work.
I have talked to a sheriff, Sheriff Godwin at Highlands County.
He's been in the process of adopting these concepts now for about a
year or so. He relates that he has had dramatic impact already in his
agency. Things like the arrest rates. Actually, the incarceration
rates have gone down because his deputies have been better able to
deal with people on the street and resolve problems and situations in
a way that has not resulted in arrests. He thinks that's a pro for
him, because it has reduced his incarceration rates.
Things such as Workers' Compensation, getting people back to
work, putting the responsibility back on them to return to the
workplace instead of lingering, malingering out with a perceived
illness, which reduces the tax burden on all of us, because we're not
having to pay overtime in order to staff a post.
We believe that ultimately this will be a very significant
situation for Collier County, if you adopt the ideals that we are
suggesting, and probably will help us turn a corner.
Workplace use of drugs, rampant in this country. Billions of
dollars of losses in sick leave, as well as violence in the workplace,
can be put back on the shoulders of our drug problem as a nation.
This, too, can be addressed through the Character First or character
training programs that we know exist out in the general marketplace.
So I do encourage the board to adopt it as a concept. I believe
it holds the potential for thousands if not hundreds of thousands of
dollars in taxpayer reductions and savings just in those areas that
I've touched on today. Thank you for your time.
CHAIRWOMAN MAC'KIE: Thank you for being here, Sheriff.
MR. FERNANDEZ: Madam Chairwoman, Kevin Rambosk has also asked to
speak.
CHAIRWOMAN MAC'KIE: I appreciate that.
MR. RAMBOSK: Good morning, commissioners. I am here to speak on
behalf of this topic because I feel, as the Sheriff did, that
initially we had faced some challenges last year which didn't make me
very happy at all. As a matter of fact, some of the conduct of our
employees, for which I am responsible, or have been responsible, I
quite frankly didn't like.
Page 70
December 14, 1999
The Sheriff had contacted me reference to some of the challenges
he was having and we said we need to get together and look at how are
we going to deal with some of the issues that we've been faced with.
But more importantly, how do we explain this to our children, how do
we explain it to the residents that we serve?
And out of that came this concept of we need to do something
about the way we live, and not give explanations of why our conduct is
not the way it should be, but rather, change how we live life.
And when I first was given information with regard to one of the
programs regarding Character First, I thought back to some of the
training that we get in law enforcement. And basically training in
life. Because everything we do, as far as actions, is learned in
life. In law enforcement we're trained how to react in a certain
circumstance when you can't think about what to do. And essentially
that's what developing inherent values is all about, is how to act
when you really shouldn't be thinking about should I or should I not
take something that doesn't belong to me. That shouldn't even be a
question. You just shouldn't do it.
So one of the things that we thought was if we provided some
insight, some training, some acceptance in our community of this is
the way we want to treat one another, this is the way we want to live
our life in Collier County, then maybe this concept of a community of
character would help us accomplish those goals.
At this point, I am personally very interested in the program. I
am preparing an overview for the City Council. I will be giving my
recommendation to them reference the concept and to investigate the
same things that you are, and to work with you and the business owners
and the residents throughout Collier County to accomplish something
that I think will be outstanding for our children 20 years from today.
So I would recommend that you consider this resolution, and
approve. Thank you very much.
CHAIRWOMAN MAC'KIE: Thank you, Mr. Rambosk.
Yes, Commissioner.
COMMISSIONER BERRY: I just have one comment. And I'm going to
support the resolution. But I just have to say that I think it's a
sad commentary when you have to establish a special program to
accomplish the things that are listed here in this resolution.
CHAIRWOMAN MAC'KIE: Isn't it, though?
COMMISSIONER BERRY: I think this is -- and I hope that instead
of treating the symptoms, that we're going to treat the problem.
CHAIRWOMAN MAC'KIE: And that's the goal here, Commissioner
Berry. I absolutely agree with you, that if this is just, you know,
happy talk, then it's all for naught. And I'm not going to suggest
that we spend money, frankly, for just pleasant discussion.
But I have done a lot of research into this program, and I'm
hopeful that when our staff likewise does research and comes back with
recommendations to you, they will draw the same conclusion that I
have, some of which I mentioned in my memo of support about, you know,
measurable quantifiable results, like reduction in Workers' Comp
claims, decreased negotiation time with labor unions, reduction in
Page 71
December 14, 1999
employee turnover rates. Those are just some examples that are
measurable, and you hopefully will hear that from your staff, if you
direct them to do the research.
I want to just read the resolution -- the conclusion of the
resolution and hope -- and propose as a motion that we adopt it and
direct our staff to develop the coalition for character in our
community so that we can have their recommendations and staff
recommendations come back to us.
COMMISSIONER NORRIS: That coalition, do you anticipate that
being our staff members, a coalition of our --
CHAIRWOMAN MAC'KIE: No, there would certainly be a staff member
present who would make -- be the liaison to this group, but that it
would be a community coalition.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Like Ms. Anderson?
Yes.
And people from the community to help --
Right.
Great.
Specifically that it should include the
government, businesses, schools, the faith community, media, and law
enforcement.
And I would tell you, if you would authorize me, I would go on
behalf of the Board of County Commissioners, but otherwise, I'll go on
my own behalf to the city councils of the three cities now -- the two
cities now -- what have we got?
COMMISSIONER BERRY: Three.
CHAIRWOMAN MAC'KIE: Marco, Everglades and Naples.
Okay, to the three cities and urge them likewise to adopt this
resolution.
But basically the conclusion is if the people of this county
pledge our commitment to character, and to doing all in our power to
become known as a community of character by promoting character in our
schools, businesses, homes, churches, county government, media and
community groups, and that we urge the leaders of each of these
jurisdictions to do likewise. I'll move approval of that resolution.
COMMISSIONER CARTER: I'll second.
CHAIRWOMAN MAC'KIE: Discussion?
If not, all in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
And how about we take a lunch break until 1:307
COMMISSIONER BERRY: That's good.
CHAIRWOMAN MAC'KIE: 1:30.
(Recess.)
Page 72
RE.VOL UTION 99- 4 7 5
To establish Collier County as a COMMUNITY OF CHARACTER
1999
WHEREAS, the people o four county recognize the importance of honorable character
qualities based upon the moral standards hem by our Founding Fathers on which they
established our nation and legal system; and
WHEREAS, we recognize the validity of the statement by Alexis de Tocqueville that
"America is great because she is good When America ceases to be good she will cease to be
great;" and
WHEREAS, we desire to build upon our heritage and make our county a place where
families are strong, homes and streets are safe, education is effective, business is productive,
neighbors care about one another, and citizens are free to make wise choices for their lives and
families; and
WHEREAS, we recognize that individuals are responsible for their actions and that
daily decisions should be based upon objective moral standards which are the basis of
universally-recognized character qualities, including obedience, honesty, truthfulness,
diligence, generosity, kindness, loyalty, and courage; and
WHEREAS, lack of commitment and irresponsibility have resulted in an increasing
number of family problems causing personal, social, and financial consequences to individual
family members and to this county as a whole; and
WHEREAS, there is a need for more positive role models among our young people to
help prevent juvenile rebellion and delinquency; and
WHEREAS, if people fail to demonstrate positive character qualities and if they make
wrong moral choices, the health, safety and welfare of the citizens are endangered resulting in
a financial burden upon the taxpayers for the costs of law enforcement; and
WHEREAS, many current societal problems will be alleviated when the citizens of this
county live by positive and constructive character qualities which distinguish between right
and wrong; and
WHEREAS, teaching positive character qualities to juvenile delinquents has been
shown to produce a change in behavior, reducing recidivism rates; and
WHEREAS, our schools should be a safe atmosphere where character is exemplified
taught and strengthened, and where learning is encourage& and
WHEREAS, encouraging employees by recognizing positive character qualities has
resulted in an increase in workplace morale, employee safety, and corporate profits; and
WHEREAS, the emphasis of positive character qualities in every sector of society can
only occur as individuals commit themselves to exemplifying character in their personal lives
and inspiring others to do the same.
1999
NOW, THEREFORE, BE IT RESOLVED B Y THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the people of this county
pledge our commitment to character and to doing all in our power to become known as a
Community of Character by promoting character in our schools, businesses, homes, churches,
county government, media, and community groups, and we urge the leaders of each of these
jurisdictions to do likewise.
This Resolution adopted on this ~ day of~u~.. 1999, after motion, second and
majority vote.
Attest as $~ ChMPm,IA'I
signature oAl,y.
BOARD OF COUNTY COMMISSIONERS /'/
ELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and legal sufficiency:
D-aV id-C. We igei, ~CounCd~/}t~rney
December 14, 1999
Item #TB
MR. RICHARD NOWAK REGARDING SEWER IMPACT FEE - NO ACTION
CHAIRWOMAN MAC'KIE: We'll call the Board of County Commissioners
meeting back to order, December 14th, 1999. And I'll have to find
where we are on this agenda. I see we are to -- MR. FERNANDEZ: 7(B) .
CHAIRWOMAN MAC'KIE: 7(B). That's right, I was going to recall
that. And that gentleman's name is what?
MR. FERNANDEZ: Richard Nowak.
COMMISSIONER BERRY: Is he here?
CHAIRWOMAN MAC'KIE: And he is here, good.
Thank you, sir.
MR. NOWAK: Ladies and gentlemen of the board, I appreciate your
taking time to hear me on my grievance.
I have a mobile home in Holiday Manor Trailer Park, right on
Route 951, and I'm challenging the ethics and the interpretation of
the sewer impact fee Ordinance 98-69, and the interpretation towards
the pay schedule.
Now, according to the schedule you have, up to 750 square feet
you pay $520. From 521 to 1,500 square feet, it's 1,055. Now, this
is based on 70 cents a square foot. Okay, I have 840 square feet. I'm
about two foot wider than a lot of the mobiles, which will come in the
first category, well, which actually puts it about the size of a small
bathroom. So for this, I have to pay another $500. And actually,
what it comes to is $5.94 a square foot over the base price in the
first bracket.
Now, the ordinance says to pay by unit or space. Okay, if we
take unit, now, the way the pay schedule is set up, the first bracket
says unit -- excuse me, it says mobile home, okay, and the second
bracket says mobile home. Doesn't make any sense, really. You're
either paying for a mobile home or a mobile home. I would interpret
it as saying a single-wide mobile or a double-wide mobile. It would
make more sense to me. You either pay for one or the other. So if we
pay by space, you know, space to me could only mean square feet. So if
you have so many square feet, that's what you would pay for, or pro
rata.
CHAIRWOMAN MAC'KIE: Sir, may I interrupt you just to ask a
question? Have you exhausted this through the staff level of appeal?
MR. NOWAK: I have gone through this, ma'am, and nobody will do
anything about it. I've explained this. I feel I'm right, and I
think the interpretation is wrong. But if you go by space, that means
square feet. Well, the -- actually, the pay schedule does not go
square feet, it goes by area. Because you're taking one area that is
from -- well, in my place, it's from 751 to 1,500 square feet. That's
area, that's not square feet. I mean, you're taking the whole area.
Just like I'm taking four square feet of this space, but I'm in an
area of about maybe 1,500 square feet, or an area of 1,500.
Page 73
December 14, 1999
COMMISSIONER NORRIS: Aren't square feet a measure of area,
though?
MR. NOWAK: Pardon me?
COMMISSIONER NORRIS: Aren't square feet a measure of area?
MR. NOWAK: That's right.
COMMISSIONER NORRIS: And doesn't the ordinance describe a couple
of different brackets that --
MR. NOWAK: There's two brackets, but we're not specifically
taking square feet.
COMMISSIONER NORRIS: Which bracket --
MR. NOWAK: We're taking area.
COMMISSIONER NORRIS: Which bracket do you fall into?
MR. NOWAK: I fall in the second bracket, because I've got 90
feet more than the first bracket. And if you had 10 feet, you'd be
paying over $500 more than the first bracket, anyway. You could be
one foot over, which wouldn't be feasible, but you could very well be
10 feet over.
COMMISSIONER NORRIS: As I understand your argument, there's not
an argument that you fall into the second bracket, but that you feel
the brackets are made unfairly?
MR. NOWAK: That's absolutely right. Because well, again, going
back to the ordinance, it says space. It does not say area, okay?
COMMISSIONER CONSTANTINE: How would you define space then?
MR. NOWAK: Space is basically square feet, but from one to the
other. Area.
CHAIRWOMAN MAC'KIE: That's linear feet.
MR. NOWAK: The space you're talking about is the space that it
occupies. My home occupies 840 square feet. That's what I want to
pay for.
Now, when I got the bill, I looked at this, and I told my wife, I
says, this isn't right. I looked at the ordinance, and it said space.
So I wrote a check out for $588.
Now, I'm not against the ordinance, I have no qualms about that,
but I feel I should pay this fairly, so I made a check out for $588.
And I put a letter in with the check explaining that I'm paying
according to what the ordinance says, by space, not by area. So I
sent it with a check. And so I got a bill back. They cashed the
check. On the check I put on there paid in full, because I figured it
was paid in full. So they cashed the check and billed me for the
rest.
Well, when I found that out, I wrote to the -- or called the bank
up. I had them photostat a copy of the check, both sides of it, which
I have here in a sealed envelope.
Now, this probably doesn't mean too much in itself, but the fact
that I sent the letter explaining why I sent that amount, and I
figured I did exactly what the law -- the way I interpreted. And I
feel that I'm right on this.
Anyway, when I paid, I paid pro rata at 70 cents a square foot.
That's how I figured it out.
COMMISSIONER NORRIS: Does the ordinance allow that?
Page 74
December 14, 1999
MR. NOWAK: Well, again, I say the ordinance is not right.
COMMISSIONER NORRIS: Well --
COMMISSIONER CONSTANTINE: Well, the ordinance is the law.
MR. NOWAK: It's not -- no, but if you take it -- if you take it
by word, what it says, now, if you're on the other side of the fence,
as I am, and you had a mobile home that was, say, 10 foot over that
limit, would you feel that over $500 is fair to pay extra?
COMMISSIONER NORRIS: Well, I don't think fair has anything to do
with it. I think you have to read the law and see what the law says.
MR. NOWAK: That's exactly what I did. And it tells me that you
pay by square foot. Because it does not indicate area at all.
COMMISSIONER CONSTANTINE: Well, you've acknowledged there are
two different --
MR.'NOWAK: You can pay by unit or you can pay --
COMMISSIONER CONSTANTINE: Let me finish.
You've acknowledged there are two different sections in there;
one that refers to a particular cut-off, I think it's 750 square feet
MR. NOWAK: Right.
COMMISSIONER CONSTANTINE: -- below or above. And so we have to
have a cut-off somewhere. And if someone has one foot of --
MR. NOWAK: Well --
COMMISSIONER CONSTANTINE: Let me finish, please.
And if someone has one foot above that, it may be unfortunate,
but if you're going one mile an hour over the speed limit, you are
going over the speed limit. It's not gee, you know, it's only one
mile. You have to have a cut-off somewhere, when you deal with
anything, whether it's square footage or automobile speed. And that
cut-off in this case is 750 square feet. And if you've come in above
that, you still need to comply with the law. And the law clearly
shows there are two different areas, and one of those two different
sections are two different options, and one of those is if you're
above that square footage is a higher rate.
MR. NOWAK: Well, but what it amounts to is I'm paying for 1,500
square feet. I'm not paying for 840 square feet.
COMMISSIONER CONSTANTINE: No, what it amounts to is you are
paying for above 750 square feet.
CHAIRWOMAN MAC'KIE: Up to whatever the --
COMMISSIONER CONSTANTINE: It's a range.
MR. NOWAK: Again, I'm going back to what the ordinance says. The
ordinance does not indicate area, it indicates space. And I think
it's the space that it occupies, as what my mobile home actually
occupies.
COMMISSIONER NORRIS: Well, when you say space, does the -- you
use the term square feet of living space?
MR. NOWAK: That's right. It's a mobile home, yes.
COMMISSIONER CONSTANTINE: And you're acknowledging that's above
750 square feet?
MR. NOWAK: Mine is 840, yes, sir.
Page 75
December 14, 1999
COMMISSIONER CONSTANTINE: And the ordinance, again, if you go
back and read the complete ordinance in its entirety, then it
indicates there's a range between 750 and 1,500, and there's a price
for that, that is not per foot.
MR. NOWAK: Right. But this would be fine if they would sector
it off, but to put that -- put the 750-foot difference is quite a bit,
in my estimation. You know, they should have it sectored then so that
you're not paying that large a difference, if that's the way they want
to do it.
COMMISSIONER NORRIS: What is the difference?
MR. NOWAK: Well, it's over -- well, it's almost double. It's
520 for the first sector and it's 1,055 for the next one. So that's
more than double. And if you had 10 feet over that first sector, I
mean, it's a lot of difference in money. It really is unfair.
COMMISSIONER NORRIS: Well, once again, fair doesn't have
anything to do with it. It's what the law says. If we don't -- you
know, if the board doesn't feel that those brackets are what we ought
to be doing and that we can stage the brackets some more, that's a
different story that we can take care of in the future.
But you're sitting here telling us -- or standing here, excuse
me, telling us that you fall into a certain bracket, but you don't
want to pay what you owe in that bracket under today's ordinance, as
it is written, right here this moment.
MR. NOWAK: That's right. It just isn't right.
COMMISSIONER NORRIS: Well, I don't think you can do that.
COMMISSIONER CONSTANTINE: I understand your frustration. I
understand the concern. But the law is, and you're acknowledging the
law, reads a particular way. What I hear you saying is you don't like
that law.
MR. NOWAK: Absolutely.
COMMISSIONER CONSTANTINE: But it is the law today. And we can
certainly examine whether in the future there is some feasibility to
changing that, but under the law that currently exists when you are
doing your home, you have to follow that. We can't arbitrarily change
the law for an individual.
MR. NOWAK: Well, I'll tell you, I feel like I've been fleeced
out of $467. And I'm going to -- I've got the fax number to the State
Attorney General and I'm going to get a ruling from them.
COMMISSIONER CONSTANTINE: I would encourage you to do that.
COMMISSIONER NORRIS: That's fine.
MR. NOWAK: Because I really don't think it's right. And I'm
surprised if you haven't had more complaints on the same thing. If
you were on my side of the fence, I think you'd feel the same way.
CHAIRWOMAN MAC'KIE: Yes, sir, thank you. And I appreciate it's
your right to bring that to our attention. We appreciate the
information, and we're going to move on.
MR. NOWAK: Okay. And if you want, I have the photostat copy of
CHAIRWOMAN MAC'KIE: You'll probably need it.
MR. NOWAK: Thank you for your time.
Page 76
December 14, 1999
CHAIRWOMAN MAC'KIE: Thank, sir.
Item #8A1
RESOLUTION 99-476 ORDERING AND CALLING A REFERENDUM ELECTION TO BE
HELD ON MARCH 14, 2000, WITHIN COLLIER COUNTY TO DETERMINE BY STRAW
BALLOT IF THE QUALIFIED ELECTORS APPROVE CONTINUING THE ADDITIONAL ONE
PERCENT TOURIST DEVELOPMENT TAX - TABLED TO LATER IN THE MEETING
We can go now to our morning agenda, Item 8(A)(1), the resolution
calling for the TDC referendum.
MR. MIHALIC: Good afternoon, Commissioners. Yes, this item puts
on the ballot for March 14th --
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CONSTANTINE: No way. This is flawed. If you go
back and read the September 14 minutes and the August minutes when we
discussed this the first time, it's very clear that we said the extra
penny would go 100 percent toward beach renourishment and pass
maintenance. That is not what the ballot question reads, it says to
fund beach renourishment and other tourism related uses as authorized
by Florida Statutes. That's contrary to what the board asked for.
MR. MIHALIC: Well, we went back to the ordinance, and right now
the ordinance does specify the additional penny will go completely
toward beach renourishment and other related uses.
COMMISSIONER CONSTANTINE: That's not what this ballot question
says, though.
MR. MIHALIC: This ballot question --
COMMISSIONER CONSTANTINE: It says other tourism related -- the
direction of the board was very clear, 100 percent toward beach. We
were very clear, not one ounce of that was to go toward other tourism
related stuff.
MR. MIHALIC: And it will not at this time, that's correct.
CHAIRWOMAN MAC'KIE: It's important, though, since it won't, for
the ballot question to carefully read that way, because I think
Commissioner Constantine perhaps appropriately has gauged that there
may be some waning public support for something other than beach
renourishment. I think this question has a lot better chance of
passing, even though I personally might not put that limitation on it.
COMMISSIONER CONSTANTINE: And we did --
CHAIRWOMAN MAC'KIE: If it's going to pass -- it's more likely to
pass if it's limited to beach renourishment.
COMMISSIONER CONSTANTINE: Our August 3rd meeting, we went into
great detail. I will not articulate -- considering how long we're
taking today, will not go back through all that -- but having that
exact discussion. And that if the public understands that it is for
-- strictly for beaches, literally everybody who got up at the podium,
whether it was someone on the beach committee or the hoteliers or
anyone else who got up at that podium said how important the beaches
were, and that was what we needed this penny for and that's --
COMMISSIONER NORRIS: Beach and pass related items, right?
Page 77
December 14, 1999
COMMISSIONER CONSTANTINE: Correct. And that's exactly what we
directed.
COMMISSIONER NORRIS: Okay.
COMMISSIONER CONSTANTINE: As a matter of fact, I --
CHAIRWOMAN MAC'KIE: Beach renourishment and pass maintenance.
COMMISSIONER CONSTANTINE: -- I'll take this opportunity to
correct the minutes, because it says toward beach "impasse"
maintenance. That was beach and pass maintenance. CHAIRWOMAN MAC'KIE: Okay.
MR. MIHALIC: We can certainly amend the ballot question at this
time to say fund beach renourishment activities as authorized under
section blah, blah, blah, Florida Statutes. Strike "and other tourism
related uses," if that's what --
CHAIRWOMAN MAC'KIE: That's good.
MR. MIHALIC: -- the pleasure of the board is.
COMMISSIONER NORRIS: Does that allow you to use it for pass
maintenance and that sort of thing?
MR. MIHALIC: Yes, all those Category -- any of those Category A
activities that we have under our ordinance.
COMMISSIONER CONSTANTINE: The only other change I would suggest
is where it has pursuant to Ordinance No. 95-56, if we could move that
phrase to later in the sentence, because I think to your average bear,
that's confusing. I know we need to have that in there for legal
purposes, but generally existing additional one cent -- I'm sorry, one
percent tourist development tax continue to be levied in Collier
County, pursuant to ordinance such-and-such to fund beach
renourishment.
MR. MIHALIC: And by Section 125.
COMMISSIONER CONSTANTINE: Correct.
MR. MIHALIC: That's fine with me. Is that okay legally?
MR. WEIGEL: No, that's absolutely fine.
COMMISSIONER CONSTANTINE: Just move it to the back end so that
the front end is very clear.
CHAIRWOMAN MAC'KIE: My only other question is, is there a way --
and I don't have a particular suggestion, but if somebody else does --
a simple way to say shall be levied against. Because the question --
I hope that the voter is informed enough to know that this is not a
tax that the voter will pay. But I wish that the question could read,
shall this tax continue to be levied against short-term rentals in
Collier County, or something like that, so that the voter knows
they're taxing somebody else.
Is there a way to do that, David?
MR. WEIGEL: I think that it's maybe problematical to put that in
the for and the against. Those are following the model from the state
statute.
CHAIRWOMAN MAC'KIE: No, no, no, I was not saying put it in the
for or against.
MR. WEIGEL: Oh, okay.
CHAIRWOMAN MAC'KIE: I was saying, the proposed ballot question
is: Shall the existing additional one percent tourist development tax
Page 78
December 14, 1999
continue to be levied against short-term rentals in Collier County to
fund beach renourishment pursuant to.
MR. WEIGEL: I think we could put that -- would you mind if we
said upon, as opposed to against? That may be a slightly pejorative
word.
COMMISSIONER BERRY: You could put i.e., hotel rooms.
CHAIRWOMAN MAC'KIE: Something to make people know they're voting
to tax somebody else.
COMMISSIONER CARTER: Let people understand it's not a tax on
them.
COMMISSIONER NORRIS: If you want it to pass, don't start getting
it too complicated.
MR. WEIGEL: We have a 75-word maximum, and we're well within
that at the present time.
CHAIRWOMAN MAC'KIE: David, could you take a shot at
incorporating those concerns we have, and then after the next couple
of items, come back to us and we'll continue this one at this moment?
Is that okay?
MR. WEIGEL: Yes.
MR. MIHALIC: The assistant county attorney has mentioned that we
may need to say and pass maintenance or other Category A activities to
expand the uses. So we mention that.
CHAIRWOMAN MAC'KIE: Discuss that, if you guys would.
MR. WEIGEL: We'll put our heads together right now.
CHAIRWOMAN MAC'KIE: Do we need a motion of continue it?
COMMISSIONER NORRIS: Motion to table.
CHAIRWOMAN MAC'KIE: Table, there you go. Is there a second?
COMMISSIONER CONSTANTINE: Yeah.
CHAIRWOMAN MAC'KIE: All in favor, say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
That passes unanimously.
For further discussion and resolution, see Page 92.
Page 79
December 14, 1999
Item #8A2
TEMPORARY USE PERMIT AUTHORIZING TEMPORARY RAISING OF HOGS IN THE
ESTATES ZONING DISTRICT FOR YOUTH INVOLVED IN 4-H PROJECTS IN
CONJUNCTION WITH THE COUNTY FAIR - APPROVED
We will go to Item 8(A) (2), which is --
COMMISSIONER NORRIS: Motion to approve.
CHAIRWOMAN MAC'KIE: -- Commissioner Berry's hogs.
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: We have a motion and a second for approval.
Is there discussion?
COMMISSIONER BERRY: Just an understanding that there's going to
be language changed in the LDC to accommodate this. So hopefully in
another year --
COMMISSIONER CONSTANTINE: This takes care of us this year.
COMMISSIONER BERRY: This will take care of us this year, and
then the other language will address it in the future.
CHAIRWOMAN MAC'KIE: There's a motion and a second. Is there
discussion?
Any speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE: Ail in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Document not received in Clerk,s Office as of February 1, 2000.
Page 80
December 14, 1999
Item #8A3
PROPOSAL TO PREPARE REGULATIONS TO INSURE THAT PROPERTIES IN NORTH
NAPLES (SECTIONS 18 & 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST) ARE
DEVELOPED IN A COORDINATED MANNER WITH REGARD TO PUBLIC ROADS, STORM
DRAINAGE, WATER AND SEWER UTILITIES TO BE BROUGHT BACK AT THE
JANUARY 11, 2000 MEETING
And now, the infamous Whippoorwill area. And first of all, I'd
just like to commend staff for doing what we've talked about so many
times, and that is getting ahead of this and not letting this
piecemeal itself and become a problem after the fact. You guys have
done a great job of getting out ahead of the curb on this.
COMMISSIONER CONSTANTINE: I realize this is fairly complex. I'm
wondering, are all parties in agreement on this at this point?
MR. NINO: No, I don't believe they are. Ron Nino, for the
record.
CHAIRWOMAN MAC'KIE: And I've got one thing to say, Ron. Is
everybody in agreement on this except for the party from whom we need
drainage easements?
MR. NINO: I understand that that matter's been resolved verbally
and not contractually. However, I understand -- I'm told by Mr. Kant,
I don't believe he's here, that the drainage issue does hinge upon a
final decision as to where the east/west leg -- CHAIRWOMAN MAC'KIE: Right.
MR. NINO: -- of Whippoorwill Lane is going to go.
CHAIRWOMAN MAC'KIE: And what I was just trying to lay out here
in the hopes that the board's already familiar enough with this, is to
say that I'm fully prepared to give direction to staff that if the
only way we can acquire the appropriate, the best property, the
appropriate property for that drainage is through eminent domain, then
there is certainly -- if you need a finding of public purpose, I'm
happy to make such a motion. Because we don't need to be held up by
one private property owner who won't cooperate.
COMMISSIONER CONSTANTINE: And going back to your original
question, that was a yes-no question, is it just the one property
owner who's not in agreement on this issue?
MR. NINO: Ed tells me no.
Ed, do you want to --
MR. KANT: Edward Kant, transportation services director.
I don't want to drag this out any longer than you do,
commissioners, but it's important to recognize that the drainage issue
for Livingston Road is separate from the drainage issue that is going
to be encompassing a number of these properties.
We have two viable alternatives for an east-west connector leg.
One is along the north side, if you will, of the Livingston Lakes
property, which is the unnamed property owner in question. The other
is through a property which is yet to be submitted formally, which is
Page 81
December 14, 1999
called Arlington Lakes, or Arlington Woods, which is further to the
north.
CHAIRWOMAN MAC'KIE: I'm advised that the first one you just
outlined is the best choice for the county.
COMMISSIONER CONSTANTINE: Can I just get a yes-no to my
question?
CHAIRWOMAN MAC'KIE: Is there one holdout?
COMMISSIONER CONSTANTINE: Is there one holdout or do we have
multiple questions still going there? MR. KANT: I can't answer that.
CHAIRWOMAN MAC'KIE: I'm going to butt in here and answer that. I
think -- may I answer the question, Ed? The reason I was --
COMMISSIONER CONSTANTINE: Does staff know the answer to that
question?
MR. NINO: To the best of my knowledge, we have one holdout. That
holdout says we don't want the east-west road on our property, and
that staff, planning staff, strongly supports the alignment along the
most southerly property.
And as a matter of fact, our staff report, as crafted for the
rezoning petition, clearly identifies that as a condition precedent to
its approval.
COMMISSIONER CONSTANTINE: Thank you.
MR. NINO: And I suspect --
CHAIRWOMAN MAC'KIE: And he's the --
MR. FERNANDEZ: Madam Chairwoman, if I could interrupt.
CHAIRWOMAN MAC'KIE: Let me just -- I want to say this, because
it's right on the same point that Commissioner Constantine and I are
just trying to get to, and that is, if the staff can agree that there
is one correct, one preferred drainage easement area and we tell staff
go and take that by eminent domain, if necessary, then all issues are
resolved; true or false?
MR. NINO: Only if you direct us to proceed with the --
MR. FERNANDEZ: True.
CHAIRWOMAN MAC'KIE: Thank you.
MR. NINO: -- conditions that we've outlined in our staff report.
CHAIRWOMAN MAC'KIE: Thank you. That's what I'm saying.
CHAIRWOMAN MAC'KIE: Okay. So the answer --
MR. FERNANDEZ: Madam Chairwoman, I was just going to say --
CHAIRWOMAN MAC'KIE: -- to the question is that we have one
holdout.
MR. FERNANDEZ: Maybe a better way to get to that answer is the
fact that we have six people who have registered to speak and to ask
them if they represent more than one objection.
CHAIRWOMAN MAC'KIE: Okay, let's do it that way. Would you call
them?
MR. NINO: If I may, though, I'd have you appreciate that in our
recommendations is a consideration that the east-west leg, in
particular, be placed on the MPO collector road program, because that
action may very well affect the degree to which there is objection
from that property.
Page 82
December 14, 1999
CHAIRWOMAN MAC'KIE: Okay. Will you call the speakers?
MR. FERNANDEZ: First two speakers are Dominique Rihs and Burt
Saunders.
CHAIRWOMAN MAC'KIE: Would you tell us which property you
represent and what, if any, objections you have.
MS. RIHS: My name for the record is Dominique Rihs, and I'm here
representing Arlington Lakes. I'm the trustee of that property. We're
approximately 98 acres.
And we do not have an objection of the east-west being at the
section line. And we, of course, would wish that you would go ahead
and put that on the traffic so that it would be for impact fees.
And also, we agree with drainage would be best where you're
stating with the Kensington Canal, and that that be increased with the
capacity.
We also have really contributed quite a lot to Section 18, as far
as the other drainage issues where we have been working with the Corps
and with the district. And we have what is called a flowway, which is
a natural meandering way, where there's both purification and
drainage, and that would benefit all of Section 18.
CHAIRWOMAN MAC'KIE: So -- and we may call you back if we get to
a point where we need a full presentation.
MS. RIHS: Yes --
CHAIRWOMAN MAC'KIE: But we appreciate you just answering that
question.
MS. RIHS: -- to state the other points I would have brought up.
CHAIRWOMAN MAC'KIE: Thank you.
MR. FERNANDEZ: The next speaker is Butt Saunders and then Dwight
Nadeau.
MR. SAUNDERS: Madam Chairman and members of the board, my name
is Burt Saunders with the Woodward, Pires, Lombardo law firm, and we
are representing contract purchasers of the Whippoorwill Lakes PUD.
The good news is at this point I think everyone is in agreement
that there is a significant public benefit to an east-west connector,
and so I don't think you're going to get any objection to that going
in. It's going to obviously be a question of exactly where. So we're
supportive of that conclusion.
But we also are supportive of the conclusion from your staff that
this should be put into the transportation network. Not just the
east-west, but we believe that the whole system should be put into the
transportation network because of the public benefits to the
intersection at Whippoorwill and Pine Ridge Road and the public
benefits to the intersection at Livingston Road and Pine Ridge Road.
And I think with that, we can develop that connector system and
move along rather rapidly.
CHAIRWOMAN MAC'KIE: Thank you. So these two points that both of
the first two speakers have supported is put the roads in the
transportation network that allows for impact fee credits and drainage
on the east-west section line, right-of-way at the east-west section
line.
Dwight, where are you on those two points?
Page 83
December 14, 1999
MR. NADEAU: For the record, Dwight Nadeau, McAnley Engineering &
Design, representing the 5146 Land Trust, which is Arlington Lakes,
which is behind me.
I echo the same comments by my client, Dominique, and Attorney
Saunders.
The flowway that runs through the property which provides
regional benefit is this structure right here. Takes up one-fifth of
the property land area. We're providing regional benefit. We've been
working with our neighbors to the east in Whippoorwill Woods. I need
not say any more. We support the road on the east-west section line
of Section 18.
CHAIRWOMAN MAC'KIE: So we should have two more speakers; am I
right?
MR. FERNANDEZ: Grady Minor, then Ian Butler, and then one more.
MR. MINOR: Good afternoon. I'm Grady Minor. I'm representing
Whippoorwill Woods, which is going to be -- will you put that back up?
MR. NADEAU: I'll be happy to put it up.
MR. MINOR: -- which is going to be a 462-unit luxury rental
apartment community. We are the ones --
COMMISSIONER CONSTANTINE: Which ones?
CHAIRWOMAN MAC'KIE: Whippoorwill Woods, I think he's saying.
COMMISSIONER CARTER: It's right there by the red dot.
COMMISSIONER CONSTANTINE: Okay.
CHAIRWOMAN MAC'KIE: On the visualizer is a map that may work, if
Mr. Nino would be your pointer. Show us where his property is? MR. NINO: I'm sorry, Whippoorwill Woods.
CHAIRWOMAN MAC'KIE: Something weird in the water today. I don't
know what it is.
MR. MINOR: We're at the southeast corner at the section line
next to 1-75. We're the key to the flowway.
COMMISSIONER CARTER: It's in the water. Over by the cemetery?
COMMISSIONER BERRY: It's a dead issue.
CHAIRWOMAN MAC'KIE: If you guys want to, the visualizer, if you
go back to the visualizer, Kady, Ron's going to point to us and show
us the picture. Ron, there they are. See them right there?
MR. MINOR: 1-75 on the right. There's the Livingston Lakes
property to the south. We're that 83 acres, the L-shape. CHAIRWOMAN MAC'KIE: The No. 3 there.
MR. MINOR: Ron, show them where the flowway is going to be on
the west side of our property. We're providing approximately 20 acres
of land that's an existing -- not very good quality, but a wetland.
We're going to allow the west half of this section's surface water
flow to flow across Whippoorwill Lane through our property, into the
Kensington ditch on the south, and then across the 1-75 right-of-way
to the 1-75 canal.
CHAIRWOMAN MAC'KIE: Grady, are the two points that the previous
speakers have indicated their agreement to, do you join in their
agreement, or do you have problems?
MR. MINOR: Absolutely. We have already designed --
CHAIRWOMAN MAC'KIE: Wait. Which? Join?
Page 84
December 14, 1999
MR. MINOR: I join. I'm sorry.
CHAIRWOMAN MAC'KIE: Okay, good.
MR. MINOR: We have designed Whippoorwill Lane already from the
connection that you were going to leave. You're going to bring it
about 500 feet south of Pine Ridge Road with your construction. We've
already designed it to connect there and run south all the way to the
section line.
That's already been submitted to the Water Management District
and the Army Corps of Engineers. We'll be submitting to your staff
probably in early January.
We also agree that this should be put on the traffic network as a
needed collector roadway, and we are in agreement with Arlington Lakes
and Whippoorwill Lakes, and I think most of the other owners in the
area.
CHAIRWOMAN MAC'KIE: Your property, though, is the one that's
already got its zoning, it's ready to go?
MR. MINOR: That's correct -- well, we're in permitting. But
yes, we're designing it and permitting it now. We are zoned.
CHAIRWOMAN MAC'KIE: Which is a relevant point, as far as I'm
concerned, about how long you should continue to wait. Because we --
I do commend our staff for having looked at this as a global issue.
But it becomes fish or cut bait time so that we don't continue to hold
you up. I just wanted to get that clear. Thanks.
MR. MINOR: Thank you.
COMMISSIONER BERRY: That's become a pervasive term on this
commission.
CHAIRWOMAN MAC'KIE: What, fish or cut bait?
COMMISSIONER BERRY: No, global.
CHAIRWOMAN MAC'KIE: I wish it were fish and cut bait.
MR. FERNANDEZ: Ian Butler --
COMMISSIONER BERRY: We are global.
MR. FERNANDEZ: -- and then Rich Yovanovich.
MR. BUTLER: Good afternoon. Ian Butler, representing Arlington
Lakes, Butler Environmental. I'll make it short and sweet. Reiterate
the fact Mr. Rihs and Mr. Nadeau stated. CHAIRWOMAN MAC'KIE: Okay.
MR. BUTLER: We did a considerable amount of work laying out this
flowway with the Corps of Engineers and the Water Management District.
If anybody has any questions regarding that --
CHAIRWOMAN MAC'KIE: You're on board as well?
MR. BUTLER: Yes.
CHAIRWOMAN MAC'KIE: Thank you.
Mr. Yovanovich.
MR. FERNANDEZ: Rich Yovanovich, and then we received two that
have just been submitted, Greg --
CHAIRWOMAN MAC'KIE: I don't think it's our policy that people
can register and speak like that. Let's hear -- Mr. Yovanovich, do
you agree?
MR. YOVANOVICH: We agree. And you've made the point I wanted to
make, is that we are already zoned and although we have no obligation
Page 85
December 14, 1999
to participate in this process, we are willing to pay our fair share
of the roadway costs that are incurred.
COMMISSIONER BERRY: Which one are you, Mr. Yovanovich?
MR. YOVANOVICH: Whippoorwill Woods.
We are willing to pay our fair share of the roadway costs. And
as Greg pointed out, we are part of the solution for the drainage
issue.
CHAIRWOMAN MAC'KIE: I think they are. All the registered
speakers are in agreement; however, let's not be head in the sand
about the fact that this is not all of the affected property owners.
Is there -- as much as I would like to say let's just shut up and
move on, I think that we're shortsighted if we don't hear from the
other property owners and we just end up going to court. We may be
anyway. Heavy sigh, but yeah, call them.
MR. FERNANDEZ: The other two that we received, Greg Wardeberg
and Michael Fernandez.
MR. WARDEBERG: Good afternoon. I'm Greg Wardeberg from Relleum,
Incorporated. We are the owner of the property that's the Balmoral
PUD that you see as part of that.
We agree with some of what's already been said in front of you
all. Our concerns lie that we would be concerned with the road going
down along the section line, because it would certainly affect our
piece of property there. We think that it should be studied as to
which location, you know, that that east-west connector should go.
We don't dispute the fact that there's probably a public interest
for that, but we feel that that needs more evaluation, and where that
is positioned, and it should be analytically formed and an opinion --
you know, it should be looked at cost, should be looked at what it
impacts, environmental impacts, you know, the whole full-blown thing.
CHAIRWOMAN MAC'KIE: None of that will have to happen as a result
of -- in an order to come to a cost sharing factor.
MR. WARDEBERG: Right. But we want to make sure that both
options that are on the table are evaluated similarly so that we think
that's a fair way to approach this.
CHAIRWOMAN MAC'KIE: And you understand, though, that our
obligation is to do what's in the best interest of the public,
generally.
MR. WARDEBERG: Yeah, and we agree with that. But we think that
you'll -- you will see some benefits from going another route as well.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER NORRIS: We're talking about No. 2, right, Option
No. 2, on this map?
CHAIRWOMAN MAC'KIE: Yes. Well, that's No. 3, Ron.
MR. NINO: I'm sorry.
CHAIRWOMAN MAC'KIE: Is No. 1 the one that everybody except this
gentleman so far has agreed to?
MR. KANT: Edward Kant, transportation services.
The two options that staff believes are viable are Option 1 and
Option 3. Option 2 refers to an FP&L easement, and our recent
discussions with FP&L are --
Page 86
December 14, 1999
CHAIRWOMAN MAC'KIE: No point going there.
MR. KANT: -- not very unfruitful on that one.
CHAIRWOMAN MAC'KIE: So we're choosing, between 1 and 3. Do you
have a professional opinion about which is better?
MR. KANT: That presents a dilemma for me, Commissioner. I can't
give you a straight yes or no answer. Frankly, the Option No. 3 is
the cleanest option. However, Option No. 2 also -- or No. 1, rather,
also presents some advantages.
One of the issues -- and this is why I tried to separate earlier
the drainage issue with respect to those adjacent properties from the
Livingston Road right-of-way issue, and I don't know, perhaps Mr.
Fernandez was going to -- Mr. Michael Fernandez was going to address
that when he made his remarks.
But right now we're in some negotiations, fairly delicate
negotiations, with that property owner to obtain drainage outfall for
our Livingston Road project. And I'm quite hesitant to do anything
that will either hold up the Livingston Road project or cause us to do
something precipitous that we may on hindsight have said we should
have done it some other way.
CHAIRWOMAN MAC'KIE: If we -- if we did -- this question is for
you, if you would stay, please. If we did somehow upset this apple
cart -- because I feel a little bit like I'm being held hostage on
Question A, because they know that we need Question B, which is the
outfall for Livingston. If we need the outfall for Livingston, isn't
that what eminent domain powers are for, if we can't get a cooperative
agreement out of these property owners?
MR. KANT: You're correct. Then we wind up in two eminent domain
actions rather than one. Or we combine the two into one.
CHAIRWOMAN MAC'KIE: With all due respect, you know, for -- and I
do appreciate and commend you for delicately negotiating, because that
is the best thing that you can possibly do, but I also refuse to be
held hostage when the public good is at question. And if we have to
have that outfall and we cannot wait for it, that's what a quick take
is for in an eminent domain procedure. Commissioner Constantine?
COMMISSIONER CONSTANTINE: Is the public good being held hostage
or are private development interests being held hostage?
MR. KANT: I think that it depends upon with whom you speak.
COMMISSIONER CONSTANTINE: I'm speaking with you right now.
MR. KANT: Well, I don't mean to be -- make light of it,
Commissioner. I believe there is a -- definitely a public interest
issue here because of the fact that if we do go to any kind of an
eminent domain action, it's going to be significantly more expensive
than if we can negotiate this out. And that's one of my concerns.
The other concern is we want to make sure that whatever access we
finally wind up with on Livingston Road will take us well into the
next century and we don't have to sit there in five years and start to
fight battles that should have been fought today.
COMMISSIONER CONSTANTINE: And I ask that because I'm very
sensitive to those property owners who are trying to move ahead with
Page 87
December 14, 1999
the use of their property and not knowing exactly what's going on. But
at the same time, if it's going to cost the taxpayer extra money to
rush this through and do an eminent domain just for the convenience of
these folks, I don't know that that's worthwhile. So I appreciate
what you're trying to achieve there and ultimately save us some money.
MR. KANT: Thank you.
COMMISSIONER CARTER: I think another question, Mr. Kant, before
you leave, you said Option 3 is the cleanest one. And if I understood
the way the water flows down through here and where you're trying to
get your outfall does affect Route 1 more than it does Route 3.
So if you're looking for speed to get it done and not cost the
taxpayer, if we had Route 3 as the road and we could do the outfall of
the water down here, we'd probably accomplish everything we're looking
for.
MR. KANT: All three routes are affected by the flowway to one
degree or another.
The reason that I said that No. 3 is the cleanest, first of all,
we have not received a formal application that I'm aware of for that
project. We've talked several times to the developer. The
developer's concern of course is that a road would essentially bisect
the property.
And the other issue of course is we've talked with the developers
of Whippoorwill Woods. They're ready to go tomorrow. They recognize
if they have to build the road, they have to build the road. But if
they build the road to nowhere, it doesn't do the public any good.
COMMISSIONER CONSTANTINE: Right.
CHAIRWOMAN MAC'KIE: Could we hear from the last speaker?
MR. FERNANDEZ: Michael Fernandez.
CHAIRWOMAN MAC'KIE: And then -- yes, ma'am, we will hear from
you. If we get back to discussing the merits of the Alternative 3
versus 1, I promise to call you, because I know that's your property.
MR. FERNANDEZ: Michael Fernandez, representing a couple of
different parcels there. The Alexandria piece, as well as Balmoral.
And also, Livingston Village. There's three landowners.
Our concern, quite frankly, is of course the location of that
roadway. We agree with everything else staff said. We understand
there's a public benefit to perhaps having this loop road; diverting
traffic; giving some balance to the Pine Ridge-Livingston Road. The
consultant for the entire group of developers who funded it came to
that same conclusion.
What we would ask is that you ask your staff to do an evaluation
to find out what indeed is the best route, No. 1 or No. 3, on the
merits of it. No hold hostages or anything.
First of all, I mean, just to throw out one item, the length of
travel is one mile, approximately, for Item No. -- or Route No. 3. The
length of travel for the other one adds an additional half mile.
That's an additional half mile of roadway that could be built
elsewhere.
In addition to that -- well, in other words, it's just a shorter
route, so less money to the taxpayer.
Page 88
December 14, 1999
In addition to that, you've got to look at the impacts, wetlands
and so forth, that are down at the southern end, as well as it does
affect additional landowners of Balmoral and Livingston Village.
Additionally, there is a need to cross the existing drainage
system that does exist on Balmoral's and Whippoorwill Lane's property.
CHAIRWOMAN MAC'KIE: And I'm going to have to hold you, because I
made the other speakers just limit their comments to whether or not
they agreed to Route 1. You're saying that your client does not? MR. FERNANDEZ: We do not prefer Route 1.
CHAIRWOMAN MAC'KIE: So you'll continue to object -- I mean,
preference is different from we object to.
MR. FERNANDEZ: Yes, the three landowners that I represent would
object for a variety of different reasons.
COMMISSIONER CONSTANTINE: Mr. Nino, if we were to do the
analysis that's been requested, how long would that take to do an
in-depth analysis --
MR. NINO: Mr. Kant's going to have to do it --
COMMISSIONER CONSTANTINE: -- of the pros and cons --
MR. NINO: -- not me.
MR. KANT: I think we can reasonably represent that we can come
back to your January llth meeting. That would be your next -- I
believe that's your next regular meeting. COMMISSIONER CONSTANTINE: Yeah.
MR. NINO: Let me point out one fallacy in the last speaker's
remarks.
One of the things that drives the Whippoorwill Lane extension
with an east-west collector along the section line is to ensure that
the greatest number of people possible can access where we know the
activity center is located, without having to negotiate the Livingston
Road/Pine Ridge intersection. Ergo, Whippoorwill Lane, to accomplish
that, has to be extended all the way to the Livingston Village. So
we're not saving any linear distance in road construction here.
CHAIRWOMAN MAC'KIE: Yeah, that would make sense. And here's --
Mr. Nino, you said that -- or maybe Mr. Fernandez is supposed to
address this. If the board does decide that we're going to give this
time until January for the analysis, I think it would be really
important -- I think it's one of those places where communication is
so critical that Mr. Nino's expertise be incorporated with the road
building. I mean, there's just so much more to this question as we
look at things globally. There's much more to the question than just
where's the asphalt get laid.
MR. FERNANDEZ: And we have approached it to this point using
exactly that approach.
CHAIRWOMAN MAC'KIE: Absolutely.
MR. FERNANDEZ: Multi disciplinary.
CHAIRWOMAN MAC'KIE: I would hope that would continue if the
board does --
MR. FERNANDEZ: It will.
COMMISSIONER CONSTANTINE: Am I missing something or can anybody
on the board tell me, is there a downside to asking our staff to spend
Page 89
December 14, 1999
the next three weeks or four weeks or whatever that is looking at that
and just having that definitive answer for us the first meeting in
January?
COMMISSIONER CARTER: I don't see it, Commissioner.
CHAIRWOMAN MAC'KIE: No.
COMMISSIONER CARTER: I think it's a good idea to get a thorough
assessment of 1 and 3 and come back to us.
COMMISSIONER CONSTANTINE: I'll put that in the form of a motion.
MR. KANT: We'll commit to that.
CHAIRWOMAN MAC'KIE: Just one question. Why is this on today's
agenda if that's yet to be done?
MR. NINO: Well, up until today that did not get to be -- have to
be done. It was on today's agenda because on January the llth, all of
the petitions have been scheduled for public hearing. And we were
hoping that you'd be able to deal with them on January the llth.
COMMISSIONER CONSTANTINE: So obviously we should do this early
in the meeting on January llth. MR. NINO: Exactly.
COMMISSIONER BERRY: One other question I have. Does this assume
that if you were to choose No. 1, this would also give Livingston
Village an ingress-egress on that particular roadway? MR. NINO: Yes.
COMMISSIONER BERRY: Okay. Would they have two -- would they
have one on two directly onto Livingston and also one onto this -- I
would guess whatever we call it, Whippoorwill Lane.
MR. NINO: It's our hope that this will happen. As a matter of
fact, the current master plan that we have submitted for Livingston
Village is the establishment of a road between Whippoorwill Lane and
Livingston Road. The only problem is that it's intended to be a
private gated community type of road.
CHAIRWOMAN MAC'KIE: Oh, what a shock. What a change for Naples.
COMMISSIONER CONSTANTINE: Madam Chair, I'll put it in the form
of a motion that we give staff direction as we've just outlined and
that we see this early in the January llth meeting.
CHAIRWOMAN MAC'KIE: And I did promise Ms. Rihs that if we got on
the subject of this debate, that I would give her the opportunity to
speak. My request would be, unless there's something you just have to
say, is that you hold it for the January llth meeting, which is when
we will be having this debate. At this point we're just sending it to
staff for them to make a recommendation to us between 1 and 3.
MS. RIHS: The only thing we would ask for is a motion that it be
put on the transportation network, and I think everyone is in
agreement on that, which would be both Whippoorwill Lane and the
east-west road connector, wherever the location be. And the other
speakers asked me to just do that unanimously.
CHAIRWOMAN MAC'KIE: And there's no question about that, because
it is clearly a public necessity, or we wouldn't be having this
discussion.
COMMISSIONER BERRY: Is that a problem with our transportation?
CHAIRWOMAN MAC'KIE: Support for that, Mr. Kant?
Page 90
December 14, 1999
MR. KANT: No, ma'am. That is -- the precedent for that has to
do with the road that you approved recently near the Creekside
Commerce Park, with Naples Boulevard, with those types of roads. Very,
very similar.
CHAIRWOMAN MAC'KIE: So you would support that?
MR. KANT: Yes.
COMMISSIONER CARTER: You'll incorporate that in the motion?
COMMISSIONER CONSTANTINE: I'll incorporate that as part of the
motion.
CHAIRWOMAN MAC'KIE: Was there a second?
COMMISSIONER CARTER: Second.
.CHAIRWOMAN MAC'KIE: Further discussion?
All in favor, please say aye.
Opposed?
COMMISSIONER NORRIS: Aye.
CHAIRWOMAN MAC'KIE: That passes unanimously.
Yes, sir.
COMMISSIONER NORRIS: Almost.
COMMISSIONER CONSTANTINE: 4-1.
CHAIRWOMAN MAC'KIE: I'm so sorry, 4-1. I'm sorry, John. I
didn't hear you.
Item #8B1
APPROVING THE STAFF SELECTION OF FIRMS AND AUTHORIZING STAFF TO
NEGOTIATE AGREEMENTS WITH FIRMS FOR THE FIXED TERM LAND SURVEYING AND
PHOTOGRAMETRIC SERVICES (RFP 99-2981) - APPROVED
Okay, then let's talk about surveyors.
COMMISSIONER CONSTANTINE: Next item was the one that I had
raised a question on at our last meeting. Staff has answered that
question in their executive summary. I'll move the item.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #8A1
RESOLUTION 99-476 ORDERING AND CALLING A REFERENDUM ELECTION TO BE
HELD ON MARCH 14, 2000, WITHIN COLLIER COUNTY TO DETERMINE BY STRAW
BALLOT IF THE QUALIFIED ELECTORS APPROVE CONTINUING THE ADDITIONAL ONE
PERCENT TOURIST DEVELOPMENT TAX - APPROVED
COMMISSIONER CONSTANTINE: Could we go back? I think the legal
quest -- the ballot question, they --
MR. FERNANDEZ: Are we ready with that?
CHAIRWOMAN MAC'KIE: Are you ready for that, Mr. Weigel?
MR. WEIGEL: I believe we are.
Page 91
December 14, 1999
CHAIRWOMAN MAC'KIE: Motion to remove it from the table?
COMMISSIONER BERRY: Motion made.
CHAIRWOMAN MAC'KIE: Second?
COMMISSIONER CONSTANTINE: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously. We're back to the
ballot question on the tourist tax.
MR. MIHALIC: Hello, again, Commissioners. Let me read the
language we've come up with and see if that's acceptable to you.
Shall the existing additional one percent tourist development tax
continue to be levied upon short-term rentals in Collier County to
fund beach renourishment, pass maintenance and other Category A uses
pursuant to Ordinance 92-60, as amended, and authorized by Section
125.0104, Florida Statutes.
CHAIRWOMAN MAC'KIE: I like it. Other opinions?
COMMISSIONER NORRIS: Do we want to -- you know, the less
confusing it is to the public, the better off you are. Do you really
want to say Category A?
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
is.
Because I don't think the --
Do we have to say that?
-- general public has a clue what Category A
CHAIRWOMAN MAC'KIE: Let's leave out Category A.
COMMISSIONER CONSTANTINE: Your intent there was just to clarify
beach and pass, I assume?
MR. MIHALIC: The other items, such as inland lakes, the other
items that are authorized under our ordinance under Category A. That's
why we put that language in there.
CHAIRWOMAN MAC'KIE: But if you left out the words "Category A"
and said "related items," beach and pass maintenance related items, is
that going to --
MR. MIHALIC: I'd have to defer to the attorney's office --
MR. FERNANDEZ: Madam Chairwoman?
MR. MIHALIC: -- to see whether that would be allowed.
MR. FERNANDEZ: It may be that the reference to the county
ordinance may be sufficient there. I mean, if we're already got the
reference to it in the language.
COMMISSIONER CONSTANTINE: Mr. Weigel?
CHAIRWOMAN MAC'KIE: I would think so.
MR. WEIGEL: Well, therefore, then for clarification, we've got
beach renourishment, pass maintenance. And anything else?
COMMISSIONER CONSTANTINE: I don't care if it says Category A, as
long as it's buried over in the ordinance number and statute number,
so all that kind of falls together at the end of the question.
MR. WEIGEL: Okay, I see. So it would say beach renourishment,
pass maintenance, as provided in Ordinance No. 92-60, as amended.
CHAIRWOMAN MAC'KIE: Yeah, that's it.
MR. MIHALIC: Is that going to be legally sufficient?
Page 92
December 14, 1999
MS. ASHTON: Yes.
MR. MIHALIC: Okay. So we're going to say to fund beach
renourishment, pass maintenance, and then just pursuant to -- MR. WEIGEL: And other uses.
MR. MIHALIC: And other uses, okay.
MR. WEIGEL: Provided in Ordinance 92-60, as amended.
MR. MIHALIC: I think that brings us back to where we started.
COMMISSIONER CONSTANTINE: Yeah, if you're going to say and other
uses, I want to keep Category A in there. It will just be pursuant
to.
MR. WEIGEL: What was the word you said? I'm sorry, I didn't
mean to expand again. And as provided.
COMMISSIONER CONSTANTINE: I want to do one of two things: Either
leave the Category A that you wrote when you went in the hall, leave
that in there so it's clear to the legal people, not just to the
public. Or not have any reference to that at all and just leave it to
beach and pass.
MR. WEIGEL: I think I failed to state what I said earlier and
that was perhaps --
CHAIRWOMAN MAC'KIE: Give us one last reading, David.
MR. WEIGEL: Beach renourishment, pass maintenance as --
MR. MIHALIC: And other Category A uses pursuant --
MR. WEIGEL: No, that's not there. As found --
CHAIRWOMAN MAC'KIE: Anybody want to put this back on the table?
MR. WEIGEL: Or/and other uses.
MR. FERNANDEZ: As described?
COMMISSIONER CONSTANTINE: Is anybody passionately opposed to
including the part of the sentence that said Category A?
CHAIRWOMAN MAC'KIE: Not if it's stuck over by the reference to
COMMISSIONER CONSTANTINE: Yeah, if it's at the very end of the
sentence where it says chapter, verse.
COMMISSIONER NORRIS: I'm not passionate. I was the one that
suggested that we may want to consider not having that in there, but
I'm not passionate about it at all, because I don't support it in the
first place.
COMMISSIONER CONSTANTINE: Will you read the ballot question as
you've read it back in from the hallway?
MR. WEIGEL: Would you read that, Greg?
MR. MIHALIC: Yes, I'll read the ballot question again.
Shall the existing additional one percent tourist development tax
continued to be levied upon short-term rentals in Collier County to
fund beach renourishment, pass maintenance and other Category A uses
pursuant to Ordinance 92-60, as amended and authorized by Section
125.0104, Florida Statutes.
COMMISSIONER CONSTANTINE: I'm going to make a motion we approve
that ballot wording.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Discussion?
Registered speakers?
Page 93
December 14, 1999
COMMISSIONER BERRY: I think you just have to always keep in mind
that the person that reads this has absolutely no knowledge whatsoever
of the item.
COMMISSIONER CONSTANTINE: And it's incumbent upon us to do the
best we can to educate people on what that means.
CHAIRWOMAN MAC'KIE: There are no registered speakers. Any
discussion?
MR. FERNANDEZ: We do have a speaker.
CHAIRWOMAN MAC'KIE: Oh, we do have a registered speaker.
MR. FERNANDEZ: That just registered. Dawn Jantsch.
CHAIRWOMAN MAC'KIE: Ms. Jantsch.
MS. JANTSCH: My apologizes for just registering this second.
Dawn Jantsch, representing the Naples Area Chamber of Commerce.
If the intent of the board is to make it for only beach
renourishment and Lake Trafford or other uses such as that,~ the
clearer it is to the public, the better. And that language could be
very confusing if we include the words Category A. Referring to
Category A and Category B is something that we who deal with this on a
daily basis understand, but the general public who looks at it as a
tourist tax may not quite understand what Category A use is.
CHAIRWOMAN MAC'KIE: So help us with a suggestion, because we got
stuck on how to not put in a long, long list of uses. Category A was
just the most convenient legal shorthand.
MS. JANTSCH: I understand that, and I can see that point. What
I would like to suggest is that you include the specific wording of
the Lake Trafford and anything that you do want included in it.
CHAIRWOMAN MAC'KIE: We've only got 75 words.
MS. JANTSCH: And you're limited to 75 words.
MR. WEIGEL: Well, we've got space, though.
MR. FERNANDEZ: I think we've got plenty of space within that.
COMMISSIONER CONSTANTINE: I think if we put that wording and
repeat the mantra over and over for two months before the actual
ballot, that it's just for beaches and passes on the lake, you know,
but that it's not for --
CHAIRWOMAN MAC'KIE: Can anybody give us --
COMMISSIONER CONSTANTINE: -- hotel and --
CHAIRWOMAN MAC'KIE: -- a description --
COMMISSIONER CONSTANTINE: We have to have some faith in the
electorial. You know, there are some people who aren't going to know
what that is, but by and large, people are going to have a clue.
MR. MIHALIC: By assistance here, they're recommending other
related uses, which will be related to beach renourishment.
COMMISSIONER CONSTANTINE: I'm not going to support that.
MR. MIHALIC: Okay. Bad idea then.
COMMISSIONER CONSTANTINE: No, it's not. I appreciate the
effort. But just if it's that vague, then it's going to end up being
down the road interpreted to mean something other than strictly --
CHAIRWOMAN MAC'KIE: One more shot from Mr. Weigel.
MR. WEIGEL: Appreciate it. Well, how about beach renourishment,
pass and lakes maintenance. Maybe that covers enough for you.
Page 94
December 14, 1999
MS. JANTSCH: From the Chamber point of view, I believe that that
will be excellent language for me to be able to tell the public.
CHAIRWOMAN MAC'KIE: All right, I like it. Will you amend your
motion?
COMMISSIONER CONSTANTINE: I'll amend my motion.
CHAIRWOMAN MAC.'KIE: Beach pass and lake maintenance.
COMMISSIONER CARTER: I'll second the amended motion.
CHAIRWOMAN MAC'KIE: I think we need to read the question.
MR. MIHALIC: Okay. Shall the existing additional one percent
tourist development tax continue to be levied upon short-term rentals
in Collier County to fund beach renourishment, pass maintenance and
lake maintenance.
CHAIRWOMAN MAC'KIE: Pass and lake maintenance.
MR. MIHALIC: Pass and lake maintenance.
COMMISSIONER CONSTANTINE: Pursuant to blah, blah, blah.
MR. WEIGEL: Pursuant to.
MR. MIHALIC: Uses pursuant to Ordinance 92-60, as amended, and
authorized by Section 125.0104, Florida Statutes.
CHAIRWOMAN MAC'KIE: Is that the motion?
COMMISSIONER CONSTANTINE: That's the motion.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Dear Lord 'o mercy, we've got another. Hold
it.
MR. MIHALIC: Okay, we've got another. Another opinion.
MR. CAUTERO: Can you go up there and read it, please?
COMMISSIONER CONSTANTINE: I'll amend my motion to include
whatever the appropriate state statute is. And I don't really care if
we read on the record right now that it's 125 or 104 or 103 -- MR. MIHALIC: We'll provide a substitute resolution for
signature.
COMMISSIONER CONSTANTINE: Whatever the appropriate --
CHAIRWOMAN MAC'KIE: Keystone Cops today somehow. I don't
understand it.
COMMISSIONER CONSTANTINE: Unbelievable.
CHAIRWOMAN MAC'KIE: Okay, there's a motion, there's a second.
Does everyone understand the motion? COMMISSIONER CARTER: Yes.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Page 95
DEC ! 1999
RESOLUTION 99- 4 7 6
A RESOLUTION ORDERING AND CALLING A REFERENDUM
ELECTION TO BE HELD ON MARCH 14, 2000, WITHIN COLLIER
COUNTY TO DETERMINE BY STRAW BALLOT IF THE QUALIFIED
ELECTORS APPROVE CONTINUING THE ADDITIONAL ONE
PERCENT TOURIST DEVELOPMENT TAX.
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 92-
60, which levied and imposed a two percent tourist development tax; and
WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 95-
56, which levied and imposed an additional one percent tourist development tax to fund beach
renourishment; and
WHEREAS, the Board of County Commissioners desires to determine by straw ballot if a
majority vote of the qualified'voters of Collier County voting in a referendum election approves the
continuing levy of the additional one percent tourist development tax to fund beach renourishment
and pass and lake maintenance authorized by Section 125.0104, Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, finds it to be in
the best interests of the citizens of Collier County to call a referendum election.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
flECTION ONE. REFERENDUM ELECTION CALLED.
A straw ballot referendum election be and is hereby ordered and called to be held on March
14, 2000 for the purpose of submitting to the qualified electors of Collier County the question of
whether the levy of an additional one percent tourist development tax shall continue.
SECTION TWO. PEl~QNS ENTITLED TO VOTE.
The persons entitled to vote in the straw ballot referendum election shall be all the qualified
electors residing within Collier County, Florida.
SECTION THREE. BALLOT AND ELECTION OFFICIALS.
The election shall be held within Collier County as a county-wide election. The straw ballot
referendum election shall be conducted by election officials appointed by the Supervisor of Elections
pursuant to applicable general law.
SECTION FOUR.
A. The ballot
following form:'
FORM OF THE BALLOT.
to be used in said referendum
election shall be in
OFFICIAL BALLOT
STRAW BALLOT REFERENDUM ELECTION ON CONTINUATION
OF THE ADDITIONAL ONE PERCENT TOURIST DEVELOPMENT
TAX
DEC 1 1999
substantially the
Shall the existing additional one percent tourist development tax continue to be levied upon
short-term rentals in Collier County to fimd beach renourishment and pass and lake maintenance
pursuant to Collier County Ordinance No. 92-60, as amended, and authorized by Section 125.0104,
Florida Statutes.
FOR the continuation of the additional One Cent Tourist
Development Tax
AGAINST the continuation of the additional One Cent Tourist
Development Tax
B. The Supervisor of Elections shall include on all ballots such instructions to voters as
are necessary.
SECTION FIVE. b/QTICE OF ELECTION.
The Clerk of this Board shall publish a notice of the referendum election in the Naples Daily
News, a newspaper of general circulation published in Collier County, Florida. There shall be at
least thirty (30) days notice of said election, with publication to be made at least twice, one in the
fifth week and one in the third week prior to the week in which the referendum election is to be held.
Said notice shall be in substantially the following form:
NOTICE OF REFERENDUM ELECTION BY STRAW BALLOT
NOTICE IS HEREBY GIVEN, that a straw ballot referendum election will be held on March
14, 2000, in Collier County, Florida, to determine if the qualified electors residing within Collier
County approve the continuation of the existing additional one percent tourist development tax to
fund beach renourishment and other tourism-related uses as authorized by Section 125.0104, Florida
Statutes.
The election shall be conducted by election officials appointed by the Supervisor of Elections
pursuant to applicable general law. All qualified electors residing within Collier county may vote in
said referendum election. Absentee voting may be permitted upon compliance with applicable
provisions of general law.
2
DEC 1 1t 1999
This Resolution adopted after motion, second and majority vote favoring same.
signature onl.y.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~rwo~man
Approved As To Form and Legal
Sufficiency:
Assistant County Attorney
h:hg/hfa/99 R~s.-Referendum Additional 1% Tourist Dev. Tax
December 14, 1999
Item #8B4
AGREEMENT WITH THE OLD COLLIER GOLF CLUB, INC. FOR DELIVERY AND SUPPLY
OF IRRIGATION WATER - APPROVED
Let's see. Now we will talk -- we did surveyors. Let's talk
about irrigation water, approval of agreement for delivery and supply
of.
MR. FINN: Good afternoon, Madam Chairman. For the record,
Edward Finn, public works operations director.
The item we're talking about is approval and agreement for
delivery and supply of irrigation water. I think this executive
summary is fairly complete. I have a couple of housekeeping matters
I'd like to note for the record.
The first thing I want to note is that the agreement attached to
this executive summary was marked draft. It was marked draft because
negotiations continued past the deadline. We felt it was important to
allow those to move forward without delaying this item.
The negotiations involve two items that are not clearly outlined
in the executive summary. The first item dealt with the reimbursement
of funds expended by the Collier Tract 21 folk, to assist us in
obtaining water withdrawal permits.
What was ultimately agreed upon between the user and staff is to
reimburse the user for funds directly associated with obtaining those
permits if and when that particular source is developed.
And the other item that was subject to last-minute agreements and
not referenced in the executive summary is the ultimate term of the
agreement. The ultimate term of the agreement is for an initial
period of 30 years with two 10-year automatic renewals, and renewals
to follow that upon subsequent agreements.
CHAIRWOMAN MAC'KIE: The question is the amount of the
reimbursement, first question.
MR. FINN: I'm told that that is not expected to exceed $75,000.
CHAIRWOMAN MAC'KIE: And the theory behind why the county would
reimburse that private developer.
MR. FINN: In the event -- the board has directed staff to move
forward and develop supplemental sources of water to become more
reliable. In any event, staff would have been in a position to expend
those funds to obtain a permit in order to obtain this water source.
The board's approval of moving forward with supplemental water
was truly the catalyst behind this entire effort.
CHAIRWOMAN MAC'KIE: And do you know that I'm a big supporter of
finding non-potable sources for irrigation.
The reimbursement is about $75,000. Then the term of 30 plus 10,
plus 10, the term of that agreement applies only to this particular
developer or to everybody who participates in this -- MR. FINN: To this particular piece of land.
CHAIRWOMAN MAC'KIE: And the percentage of the re-use water that
will be captured by this particular development is what?
Page 96
December 14, 1999
MR. FINN: The water we're talking about in this case is not
re-used. Rather, it is what we're terming supplemental water.
CHAIRWOMAN MAC'KIE: Supplemental water.
MR. FINN: The estimated capacity or the permitted withdrawal
capacity is 3.5 million gallons. Their demand is going to be 800,000
a day, or our commitment to provide them is 800,000 a day. And I
think if we work that, it's about 23 percent of the permitted
capacity.
CHAIRWOMAN MAC'KIE: So about somewhere about a quarter of this
water will be committed for essentially 50 years. The balance of it,
we can sell to whomever we choose.
MR. FINN: It is -- I thought it was the board's intent to make
up the seasonal shortfall for existing users. CHAIRWOMAN MAC'KIE: Yes.
COMMISSIONER NORRIS: The big problem is that we have a lot of
contracts out there already that are not getting serviced.
CHAIRWOMAN MAC'KIE: Absolutely.
MR. FINN: Yes.
COMMISSIONER NORRIS: And this gives us over two and a half
million gallons a day to help supplement that that's being
short-failed right now.
CHAIRWOMAN MAC'KIE: How long will it take, Ed, until we -- after
we sell that water, both to this particular developer and to the
others who -- there is no question about the demand, how long does it
take until we are made whole financially for the outlay?
MR. FINN: We have this whole thing structured around a 25-year
life and simply a return on our investment. The return that we've
established is a very reasonable five percent return. It's a typical
utility-based return on equity.
CHAIRWOMAN MAC'KIE: So it will take -- in 25 years, this system
will have paid for itself financially.
MR. FINN: Appreciate -- we're recovering. In the event we sell
all of the water, which I can't represent is going to happen with
certainty, I suspect that the cost of this water is going to affect
demand.
CHAIRWOMAN MAC'KIE: Okay.
MR. FINN: That is a -- in the marketplace, I think we need to
recognize that may well be a factor.
CHAIRWOMAN MAC'KIE: Because this is more expensive than the
re-use water but much less expensive than the potable.
MR. FINN: We're providing re-use water at 13 cents a thousand.
We're providing that water with a questionable level of reliability at
certain times of the year.
CHAIRWOMAN MAC'KIE: Extremely questionable.
MR. FINN: As a result, the cost of that water is low. As we
become more and more reliable, one might argue that the customer
should be willing to pay more for that reliability. The question that
we're going to be faced with is how much more will they be willing to
pay. In the case of Collier Tract 21, they are prepared to pay the
Page 97
December 14, 1999
full cost. I'm hoping that they in fact are setting the bar for the
balance of our users.
CHAIRWOMAN MAC'KIE: The other just thought that I have is, is it
-- I know that this board -- and I strongly support finding alternate
water sources for non-potable purposes. And this is exactly that. Am
I characterizing this correctly to say that this is a case where the
private sector sort of did the research for us, found the source, got
the permits, now if we'll just reimburse them for the permits -- it
seems to me like this is a win-win all the way around.
Environmentally it's a clearly a win, because it provides an
alternative source, non-potable source of water. Okay. That's what
it looked like to me. But then I have heard some complaints about it
and try to understand where they came from.
MR. FINN: I think your characterization is fairly accurate. In
this case, the property owner actually has expended substantially more
than $75,000 we're talking about. They have literally been working
with staff for at least nine or 10 months to try to improve the system
we have in an effort to eke out a little more water so that perhaps we
would be in a position to strike an agreement with them.
CHAIRWOMAN MAC'KIE: I've got one other question. Probably
should have been my threshold question, but if we don't provide this
alternative water source, will that stop golf course developments in
this community, or will they continue to grow and use potable water
sources?
MR. FINN: I would never represent the growth would ever stop in
this community. In fact, this particular piece of land has a
supplemental irrigation source, an additional supplemental source. I
believe they have a withdrawal permit from the Cocohatchee River. The
agreement that we are recommending to the board also includes the use
of potable water as another supplemental source for them.
CHAIRWOMAN MAC'KIE: In other words, golf courses can be built
with potable water as irrigation, if they're willing to pay the rate.
MR. FINN: Yes.
CHAIRWOMAN MAC'KIE: And so, you know, this isn't coming from the
point of view that if we just would not permit this additional source
of water, it would stop golf course development. In fact, all that
would happen is we'd be using potable water sources for golf course
irrigation.
MR. FINN: Yes.
CHAIRWOMAN MAC'KIE: Okay, I thought I had --
COMMISSIONER CARTER: This is a return --
COMMISSIONER BERRY: Don't lose sight of the fact here, too,
that, you know, they have said they're not going to have some, what,
800 units?
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC"KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
800 units. And again, we'll see that
Well, that's a different question.
I understand.
But it's related.
It certainly --
Absolutely.
Page 98
December 14, 1999
COMMISSIONER BERRY: -- is related to this.
CHAIRWOMAN MAC'KIE: Absolutely.
COMMISSIONER NORRIS: It's this piece of property.
CHAIRWOMAN MAC'KIE: But just on the broad policy question of
what exactly are we doing if we looked at just this irrigation
agreement, it seems to me to be just a win all the way around. I
can't see a negative.
COMMISSIONER CARTER: It is, and it's a return on investment as
has been pointed out here, it is not an expense that you don't recoup.
CHAIRWOMAN MAC'KIE: Right.
COMMISSIONER CARTER: You get your money back. You're becoming a
supplier, you're meeting contract needs, you're protecting the
environment.
COMMISSIONER NORRIS: And you're fulfilling commitments that you
made some years ago that you --
COMMISSIONER CARTER: Yes.
COMMISSIONER NORRIS: -- haven't been fulfilling.
COMMISSIONER CARTER: Right. So you stay out of possible
lawsuits and everything else there.
CHAIRWOMAN MAC'KIE: Well, and help me understand, too, Ed. I
get stuck on this. The rainy season benefit here to having this
alternate source.
MR. FINN: The rainy season benefit.
CHAIRWOMAN MAC'KIE: Well --
MR. FINN: I think the problem that we have, I think was fairly
well explained in the article in the paper. Essentially in our April,
May, June months, our flow of sewage is going down and our available
reclaimed irrigation water goes down. At the same time, that's the
driest, yet the hottest time of the year, so the irrigation demands go
up. We have historically in the north end of the county -- and I
think I need to point out right here, that this only benefits the
north end of the county -- has had a shortfall in the available
reclaimed water relative to our contractual allotments for that water.
Last year, for example, we were in a position of curtailing those
allotments as low as 55 or 57 percent of --
CHAIRWOMAN MAC'KIE: As a result, then, those users go and find
alternate sources, so that then in the rainy season when we need them
to take our water, they don't need it, because they've already gotten
alternative sources.
MR. FINN: I think the rainy season issue is potentially solved
-- in part solved by this. With this greater reliability, perhaps we
could expand and add a few more customers, increasing our percentage
utilization of reclaimed water.
I think the longer term solution, depending on how the numbers
work out and the real economic benefit is probably towards long-term
ASR storage, which would be the spot we would put all the surplus
water, allowing us to withdraw it in these peak periods.
CHAIRWOMAN MAC'KIE: Other questions for staff?
Are there public speakers on this topic?
MR. FERNANDEZ: No.
Page 99
December 14, 1999
CHAIRWOMAN MAC'KIE: Looks like Mr. Varnadoe thinks he's -- we
don't have any registered --
MR. VARNADOE: Since we are party to the agreement, I assume to
be heard.
CHAIRWOMAN MAC'KIE: I see. That will be fine.
MR. VARNADOE: For the record, George Varnadoe, representing
Collier Enterprises. And happy holidays to you, commissioners.
First of all, I'd be remiss if I didn't thank Ed Ilschner and Ed
Finn and their staff. As they said, they've been working with us for
about nine or 10 months on this. And we've looked at various
alternatives, as Commissioner Carter knows well, to look for
additional sources for supplemental water.
The -- and as I know -- you all know that this is part and parcel
of the rezoning or down zoning of this property, because you can't
build a golf course unless you have adequate water to grow the grass.
The one additional issue that we said we would address and not
ask staff to address is that during the -- until we get this
supplemental water source from the Mulepen Quarry and it's actually
being delivered, we want to go forward with the golf course, which
means our secondary source beyond the Cocohatchee River, which we're
going to rely on for the kind of grass we're growing, it does thrive
on brackish water, thereby also, Commissioner Mac'Kie, reducing the
demand for fresh water, if you would, for golf courses, is going to
have to be potable irrigation water and -- until the golf course is
grown in.
And our request is that for a period not to exceed five years, or
whenever this supplemental water source is available, whichever comes
first, that we pay the residential rate for the first 7.2 million
gallons a day of water that we use -- that is the equivalent amount
that your county literature says that 800 units would use -- that we
pay the residential rate for that amount of water. After that, we pay
the irrigation rate.
And what happens is, is we have a -- instead of a declining block
rate, we have an inclining block rate for water, the first 10,000
gallons that residential customers use to pay a $1.45 a thousand, then
it goes to like a $1.85 a thousand. If you have an irrigation rate,
you pay like $2.05 a thousand.
My guess is the rationale for that is to keep us all conserving
as much water as we can, not using potable water. I think that's a
laudable goal. What we're asking is for this very short-term period
until they have the irrigation water, but in no event to exceed five
years, that we pay the residential rate for the equivalent of what 800
residential units would utilize.
CHAIRWOMAN MAC'KIE: What other users in the county, what are
they paying? Mr. Finn, the other -- other people we owe water to that
we can't provide, are they paying a residential rate, or something
different?
MR. FINN: The reason Mr. Varnadoe has brought this before the
board is because staff has in fact not been able to agree to the
user's position. We feel the ordinance has inverted block rates to
Page 100
December 14, 1999
create an economic disincentive toward the use of potable water for
irrigation. That is actually a requirement for -- to provide demon --
to demonstrate the county's commitment to conservation. This is not an
area where we agree on.
CHAIRWOMAN MAC'KIE: Good.
MR. VARNADOE: The rationale, Ms. Mac'Kie, as much as you would
like to disconnect the down zoning from the accrual irrigation
agreement, is that they're integrally connected. If we don't have the
irrigation agreement, we can't build a golf course.
What I'm seeing is that for the first short period of time in
using irrigation water, we'd like to basically get credit for having
reduced these residential units.
Don't forget, by taking them off the books, we're also decreasing
the demand on your sewer system, your school system, your
transportation system, and I think we are following the goals of this
commission in trying to reduce the build-out density of this county.
CHAIRWOMAN MAC'KIE: Mr. Varnadoe, what's between you and being
able to access the irrigation water? MR. VARNADOE: I'm sorry?
CHAIRWOMAN MAC'KIE: What would keep you from being able to
access irrigation water for the first five years?
MR. VARNADOE: Just the staff's ability and our ability in
working with them to get this water out of the Mulepen Quarry and into
the system. And that's going to take -- that could take, you know,
six months, it could take nine months, it could take two years. We
just don't -- we don't know at this point in time.
CHAIRWOMAN MAC'KIE: How long do you estimate it will take, Mr.
Finn?
MR. FINN: A year and a half.
COMMISSIONER CARTER: Isn't there another possibility here,
George, we haven't even looked at is we build this wetlands preserve
up off of 41, that that may be another access that we haven't had an
opportunity to explore, that that may even be a shorter term, that you
possibly could tap into that. We don't know that, and that's why
you're asking for this backup system for an interim period.
MR. VARNADOE: And this is backup, and let's understand that.
It's only until the -- we have a supplemental irrigation source all --
whether it's from Mulepen Quarry or as Mr. Carter said, from --
Commissioner Carter said, from this source that you have north of the
Cocohatchee River where you're doing this wetlands preserve.
But that's our request. And the other thing you might -- Madam
Chairman, in order to conserve time, you might also want to consider
Item 12(B) (2), the rezoning, if you would, right after this. There's
nothing to be said on that. It was pulled from the summary agenda.
Just to have this item heard in conjunction with that.
CHAIRWOMAN MAC'KIE: Help me understand, somebody, why we would
do that. Because I like this irrigation deal if it is a general
county policy and something that we're doing for the -- to support the
conservation of potable water. But the more I hear the two are tied
together, the less I feel like that's the goal.
Page 101
December 14, 1999
MR. FINN: The -- I think --
CHAIRWOMAN MAC'KIE: Why are they tied together?
MR. VARNADOE: You cannot build a golf course unless you have
water to grow the grass. So we're not going to down zone this
property from 800 units until we know we have some good grasp on being
able to get water for the golf course.
CHAIRWOMAN MAC'KIE: I understand that. I mean, that's
legitimate. I just -- that -- it troubles me. The two aren't tied
together. One's much broader. You're 23 percent of this deal.
MR. VARNADOE: Yes, ma'am. We try to help with the -- you're
absolutely right. We've worked with the staff not to help just us,
but help the staff find a supplemental water source for the county
system.
We started this trying to find a supplemental water source for
ourselves just to satisfy our needs. Once we came up with this
source, Ed Ilschner and Ed Finn says, this is really good for the
county. We want to develop the source, not you, because it solves a
much broader need. We're just kind of the spear point here. We're
the first ones in. And these two are, though -- as far as we're
concerned, they have to be tied together, and I'm sorry if you don't
understand it.
CHAIRWOMAN MAC'KIE: No, I do understand it. We'll do this one
first, but I just don't think they have to follow each other directly.
We'll do them in order.
MR. FINN: I think from a staff perspective, we could understand
the need to have a backup source of water, certainly when you have a
large investment in a golf course. And to that extent or to that end,
we in fact have some customers that utilize potable water for
irrigation, and they are quite large and substantial customers. Those
customers pay fees in accordance with the ordinance.
We have some other concerns that would strongly suggest that we
should stay with the rates that are in the ordinance. Those concerns
would include the fact that the ratepayers of the Collier County
water/sewer district are not the same population, if you will, that
are going to benefit from these general benefits being provided
through down zoning and green space.
The other issue that we would have is some of our grant
requirements include these kind of conservation-driven rates, and that
in fact has been board policy, is embodied in the growth management
policies and objectives on both the water and wastewater side, and it
would be somewhat inconsistent with a conservation message to provide
some discount on these rates.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER CARTER: This is, as I understand it, a temporary
situation. In a perfect world we wouldn't have to do this.
And the other thing is the water in the golf course goes back in
the ground again. It is not something that goes away. So I can
understand where the petitioner is coming from, because it's a
temporary backup, not to exceed five years.
MR. VARNADOE: I heard --
Page 102
December 14, 1999
COMMISSIONER CARTER: And maybe a lot less.
MR. VARNADOE: -- it was more like 18 months.
COMMISSIONER CARTER: More like 18 months to two years. So
that's --
MR. VARNADOE: We understand the disincentive, and that's why
this is our third potential source for irrigation water, Cocohatchee,
the supplemental water source. This is kind of a third backup --
second backup, if you would.
CHAIRWOMAN MAC'KIE: I'm not going to support the reduced rates,
though, because of the reasons Mr. Finn just listed for us, which go
from everything from grants to benefit -- general community benefit. I
mean, he just gave us a long list of reasons why staff does not
support the reduced rates.
I'm going to support the system in reimbursing the cost of the
permit and the 30 plus 10 plus 10 for a term with the Collier
Companies, but not the rate reduction. Because I'm afraid that's
opening up a can of worms. We've got too many other customers out
there who haven't been getting what they wanted. It doesn't seem
fair.
So any other discussion? Anybody got a motion?
MR. FINN: Staff is recommending approval of the agreement as
submitted. The agreement is still subject to final attorney office
review for legal sufficiency, and that is a result of some of the
last-minute negotiations, and just finessing language. The final
agreement will be absolutely consistent with the agreement in your
package, with the executive summary and the small changes that I added
on the record.
COMMISSIONER CONSTANTINE: And that staff recommendation is
consistent with what Commissioner Mac'Kie has told you. MR. FINN: Yes, sir.
COMMISSIONER CARTER: I would -- I move staff's recommendation.
COMMISSIONER CONSTANTINE: I'll second it.
CHAIRWOMAN MAC'KIE: Discussion?
All in favor, please say aye.
Opposed?
(No response.)
MR. FINN: Thank you.
CHAIRWOMAN MAC'KIE: That passes unanimously --
Page 103
CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL
INTEROFFICE 4TI{ FLOOR 12/30/1999 at D9:01AM DWIGHT E. EROCK. CLERK
)Xl 72i0 AGREEMENT FOR DELIVERY AND SUPPLY
OF IRRIGATION WATER
REC FEE 150.00
CO?IE~
DEC ! {) 1999
THIS AGREEMENT is made and entered into this day of_~_, 1999,
by and between The Old Collier Golf Club, Inc., whose address is 3003 North Tamiami
Trail, Naples, Florida 34103 (hereinafter referred to as "User,") and the BOARD OF
COUNTY COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY
AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, whose address is 3301 East Tamiami Trail, Naples, Florida 34112,
(hereinafter referred to as "County" or "District"). User is used as singular or plural, as
context requires.
RECITALS:
WHEREAS, User is the owner of the project know as Beachway PUD (Ord No. 90-
45) which is proposed to be amended and reduced in intensity and density and be rezoned
to commercial and golf course uses to be known as "Collier Tract 21 PUD," situated in
Collier County, Florida. Said project' s legal description is attached as Exhibit "A" hereto
and incorporated herein by reference; and
WHEREAS, the reduction in intensity and density proposed to Collier Tract 21 PUD
will result in less demand on the County's potable water and wastewater systems and
facilities; and
WHEREAS, the Collier Tract 21 PUD will consist primarily of preserve areas and
golf course lands, and for which golf course lands User requires a permanent source and a
commitment from the County to provide water for irrigation; and
WHEREAS, although User has obtained a permit to withdraw raw water from the
Cocohatchee River for irrigation, User requires an additional permanent source and a
Page 1 of 20
OR: 2626 PG: 1164
commitment from the County to provide either irrigation water and/or potable water for
irrigation; and ~[~C ~ ~
WHEREAS, User asserts that it cannot build a golf course without such additional
source for irrigation purposes only at and for said golf course; and
WHEREAS, User asserts that it would not pursue the Collier Tract 21 PUD rezoning
without the subject additional permanent source for such water for irrigation purposes; and
WHEREAS, User asserts to the County that it is acting in reliance on this Agreement
and substantially changing its position to its detriment by reducing the intensity and density
of uses permitted based on the commitments for a permanent source of water for irrigation
purposes provided by this Agreement; and
WHEREAS, User needs from the County for purposes of irrigation throughout the
property within the Collier Tract 21 PUD up to 800,000 gallons/day of "supplemental
irrigation water"; and
WHEREAS, without the development of a new supplemental irrigation water supply
for irrigation, the County's current supply of supplemental irrigation water other than potable
water, is insufficient for the County to be able to provide sufficient irrigation water necessary
to meet the above-specified amount needed by the Collier Tract 21 PUD; and
WHEREAS, potable water can be supplied to User for irrigation uses only to attempt
to fulfill the gallonage amounts anticipated to be needed by User as specified in this
Agreement; and
WHEREAS, User has, at its own expense, provided preliminary engineering for a
water use permit for a new supplemental water source to supplement the County's
supplemental irrigation water supply by obtaining for the County, South Florida Water
Management District Water Use Permit No. Re-Issue 11-00052-W, dated August 12, 1999,
Page 2 of 20
OR: 2626 PG: 1165
D£C! 1999
issued to Collier County Water Sewer District (the "Permit") for withdrawal of water by
wells adjacent to property, known as Mule Pen Quarry, owned by Florida Rock Industries,
Inc. located generally northeast of the intersection of County Road 846 and County Road 95
in Township 48 South, Range 26, Section 24, whereby the County has contractual and/or
permit fights to withdraw up to 3.5 million gallons per day of raw water, which permit is
capable of being modified to provide for the withdrawal of such water directly from the Mule
Pen Quarry. A copy of that permit is attached hereto and incorporated by referenced herein
as Exhibit "B"; and
WHEREAS, User has, at its own expense, further assisted the County in developing
such new supplemental water source by commencing the preparation of design, engineering,
plans and specifications by Agnoli Barber & Bmndage, Inc., for construction of the
improvements that will be needed to withdraw such supplemental irrigation water pursuant
to the Permit by wells or pursuant to a modification of said Permit directly from the Mule
Pen Quarry (the "Plans"); and
WHEREAS, the County and User desire to enter into this an Agreement whereby
User will make available to the County said Permit and said Plans, as they have been
completed to date, and will, upon request of the County, assist the County in modifying said
Permit to provide for withdrawal directly from the Mule Pen Quarry, and the County will use
best efforts to provide to User the supplemental irrigation water needed at the Collier Tract
21 PUD, either by way of a right of first refusal with respect to any supplemental irrigation
water obtained by the County to serve the District' s now existing North County Service area,
or in the absence of such supplemental water being available, potable water for only such
irrigation purposes; and
WHEREAS, the parties hereto desire to set forth their respective rights and
obligations regarding the provision of the specified quantities of irrigation water and/or
potable water to the Collier Tract 21 PUD; and
Page 3 of 20
OR: 2626 PG: 1166
WHEREAS, "reclaimed water" is herein defined as treated wastewater efflu~ ] ~ ~]~9
available to be used only for irrigation; and
WHEREAS, in this Agreement County make no promises whatsoever with regard
to any reclaimed water; and
WHEREAS, "reuse" is herein defined as the use of reclaimed water for irrigation
uses; and
WHEREAS, "irrigation water" means the same thing as "supplemental irrigation
water", herein defined as surface water, groundwater, or any combination thereof and which
can be provided to User through the County's reclaimed water distribution system; and
WHEREAS, "potable water" is herein defined as water that is treated to a level
suitable for human consumption, but for the purposes of this Agreement, meets federal, state
and local laws and regulations for irrigation water;
WHEREAS, based upon User's expenditures to assist in obtaining a supplemental
irrigation water source for the County's reclaimed water system, if and when there is
additional reclaimed water capacity added within the now existing boundaries of the
County's North Service Area reclaimed water system which was not committed to others
prior to the effective date of this agreement, User may at the County's sole discretion be
supplied with reclaimed water in lieu of supplemental irrigation water or potable water.
Those commitments include the County' s now existing contractual promises to pro-rate such
additional reclaimed water to any and all of the County's now existing reclaimed water
customers. If and when all such commitments to pro-rate such additional water have been
met fully by the District, will the County be at liberty to provide any reclaimed water to
User. Any reclaimed water agreements applicable to the County's now existing North
County Service Area that the County may enter into subsequent to this Agreement shall be
subject to this Agreement.
Page 4 of 20
WITNESSETH
OR: 2626 PG: 1167
DEC! JI. 1999
NOW, THEREFORE, in consideration of the payment of Ten Dollars ($10.00), the
commitments and obligations assumed hereunder and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
RECITATIONS. The foregoing Recitations are true and correct and incorporated
herein as though fully set forth.
USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has
requested that the District Provide available reclaimed water to User. User represents
and warrants to District that the party or parties identified herein as User constitutes
all persons and entities who are record owners of the Property described in exhibit
A.
WATER USE PERMIT AND PLANS. User agrees to make available to the County
said Permit and said Plans, as they have been completed to date, and, upon request
of the County, to assist the County in modifying said Permit to provide for the
withdrawal of irrigation water directly from Mute Pen Quarry. County shall
reimburse User for 100% of actual costs incurred by User, as certified by User's
engineer(s), and upon commencement of supplemental water source improvements
at the Mule Pen Quarry, for the design, development and permitting of the Mule Pen
Quarry water withdrawal site, as well as such future certified costs associated with
the Permit modification the County may direct User to undertake. County shall have
the right to pre-approve such furore actual costs before being obligated to reimburse.
QUANTITY. The District will be willing and able to provide 800,000 gallons per
day ('GPD") of irrigation water and/or potable water for irrigation uses for the term
of this agreement unless terminated by either party as provided for herein.
Page 5 of 20
OR: 2626 PG:
IEC !
TERM. This Agreement shall remain in effect for an initial period of thirty (30) years
unless terminated as provided for in this Agreement. Following the initial thirty (30)
year period, this Agreement shall be automatically extended for two (2) separate and
consecutive ten (10) year periods, unless dire and unforeseen and extenuating
circumstances occur which are beyond the control of either party. After these fifty
(50) years, this agreement may be extended by mutual agreement and such
extension(s) will not be unnecessarily withheld by either party. Ten (10) year
extensions are anticipated.
1168
1999
DELIVERY OF IRRIGATION WATER. The County hereby agrees to use best
efforts to deliver irrigation and/or potable water up to a total of 800,000 gallons per
day ("GPD") to the respective Point of Delivery for each such water source. The
Point of Delivery for irrigation water shall be located at the Collier Tract 21 PUD
site, as hereinafter defined, at such times and in the manner set forth herein. User
shall be responsible, at its own cost and expense, to permit and construct an
extension of the County's irrigation water transmission line from its present point of
termination described as approximately ¼ mile east of U.S. Highway 41 on County
Road 846 to the Point of Delivery. Upon completion of construction, User shall
convey the transmission line to the County for ownership, operation and
maintenance. County shall use its best efforts to deliver a minimum 800,000 gallons
of irrigation water and/or potable water to the Tract 21 PUD, when User builds a
transmission line from the County's existing facilities located in the County Road
846 right-of-way in Section 22, Township 48 East, Range 25 South to the Point of
Delivery for the irrigation water.
Upon completion of the improvements by the County necessary to supply
supplemental irrigation water from any source of supplemental irrigation water that
may be obtained by the County to serve the District's now existing North County
Service area, User shall be provided on a first right of refusal basis such
supplemental water up to the quantity specified in this Agreement. At any time
which the County is unable to supply User supplemental irrigation water in the
Page 6 of 20
OR: 2626 PG:
amounts as described in this Agreement, if requested by User, the County shal[t~l~
best efforts to sell potable water to User in such amounts to supplement the
unavailable supplemental irrigation water. As supplemental irrigation water is
expected to cost less per quantity, supplemental irrigation water is more beneficial
to User from an economic viewpoint.
1169
1999
QUALITY. The irrigation water delivered through the County's reclaimed water
distribution system shall meet only the standards applicable to reclaimed water as
required by the Florida Department of Environmental Protection Rules as amended
from time to time, and shall meet the criteria for approved uses of irrigation water for
irrigation purposes. The irrigation water and the potable water shall be in accord with
all requirements of permits issued by local, state and federal regulatory agencies with
jurisdiction over such activities.
ACCEPTANCE OF IRRIGATION WATER. User agrees to accept irrigation water
and/or potable water produced by the new supplemental supply and the County's
available potable water sources in such amounts as User may determine up to a
maximum of 800,000 GPD. Following the County's completion of construction of
the supplemental irrigation water improvements, County shall use its best efforts to
make available for delivery to User for four (4) months, such additional supplemental
irrigation water as may be available up to 1.6 million gallons per day for User's use
for irrigation in the "grow-in" period of the golf course in said amounts and at such
times as User may determine. Notwithstanding any provision to the contrary in this
Agreement, User's acceptance of all such water shall be conditioned upon receipt by
User of approvals from all regulatory agencies with jurisdiction over the matter,
provided that User shall use its best efforts to obtain and maintain such approvals.
POINT OF DELIVERY DEFINED. The Point of Delivery of irrigation water shall
be where the irrigation water passes from the County's transmission line to the
User's on-site lake storage facility, as described on Exhibit "C" attached hereto.
Upon completion and acceptance of the improvements, County shall own, operate
Page 7 of 20
OR: 2626 PG:
and maintain the improvements upstream of the "Point of Delivery", as hereinal]f~e~r
defined. The County shall own, operate and maintain the irrigation water
transmission system and related storage facilities, and shall be deemed to be in
possession and control of the irrigation water therein, upstream of the Point of
Delivery. User shall own, operate and maintain the irrigation water distribution
system and related lake storage facility, if any, and shall be deemed to be in
possession and control of the irrigation water therein, downstream of the Point of
Delivery of said irrigation water. Point of Delivery is used as singular or plural, as
the context requires.
1170
1 1999
10.
DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY.
The District, where required, shall bear all costs of operation and maintenance of the
irrigation water delivery system up to the Point of Delivery.
11.
USER RESPONSIBILITIES DOWNSTREAM OF THE POINT OF DELIVERY.
The User shall take full responsibility for the design, construction, permitting, and
financing of all costs and placing in operation the irrigation water delivery system
downstream of the Point of Delivery. The User shall bear all costs of operation and
maintenance of the reclaimed water delivery system downstream of the Point of
Delivery.
12.
STANDARD OF MAINTENANCE. User shall maintain all water distribution
facilities downstream of the Point of Delivery at standards equal to the maintenance
standards for comparable irrigation water utility facilities maintained by the District.
After reasonable notice to User, the District shall have the right, but not the duty, to
enter upon the Property to correct any maintenance deficiencies and charge the User
therefor.
13.
CHARGE FOR IRRIGATION WATER AND POTABLE WATER
A. For furnishing of irrigation water (not potable water), the County shall charge
and User shall pay a fixed monthly fee as well as a usage charge based on the
Page 8 of 20
OR: 2626 PG: 1171
actual number of gallons of irrigation water accepted by User. The fixe!~b'C~=
monthly fee shall be $770 with said charge based on the now prevailing
availability charge for a 12" effluent irrigation meter. The County shall
charge and User shall pay a volume charge per 1,000 gallons of irrigation
water accepted based on supplemental water source operating revenue
requirements, which includes operation and maintenance expense,
depreciation expense and return on rate base. Depreciation shall be straight-
line based on a 25-year useful life with 5% as the established annual return
on rate base. Based on preliminary project cost and operating expense
estimates the initial per 1,000 gallon charge for supplemental irrigation water
shall be $0.44. For furnishing potable water, the County shall charge and
User shall pay the rates then established by County Ordinance as may be
amended from time-to-time. If supplemental irrigation water is not available
for a period in excess of 120 days in any 150 day time period, the fixed
monthly fee shall be suspended until service is restored.
In the event that User will not accept the full amount of 800,000 GPD for any
day(s), User shall notify County by telephone at least 48 hours in advance of
such event.
User shall be required to pay a potable water impact fee based on the size of
the original water meter required to serve as an irrigation source alternative
to supplemental irrigation water; however, should User subsequently remove
the potable water meter from service, User shall be entitled to a credit for the
amount of impact fee originally paid based upon the size of the original
meter. The water impact fee credit may be assigned by User to other lands
within the then current District boundaries, to which assignment the District
hereby consents. This credit availability shall automatically terminate on the
tenth anniversary of placing the potable water meter into service and in all
events as of December 31,2011, whichever first occurs. All calculations
shall be based on the now existing impact fee rates.
Page 9 of 20
14.
OR: 2626 PG: 1172
DEC
RATE CHANGES. The District shall have the right to decrease .or increase the
potable water rate and/or supplemental irrigation water rate upon providing thirty
(30) days prior written notice of any such rate changes. Any increase in such rates
may arise from the District's increase in supplemental water source operating
revenue requirements or as the result of a rate study, which determines that an
increase in the respective water rate is warranted.
1999
15.
BILLING. The District shall bill the User for the supplemental water fixed fee, plus
the volume charge as discussed herein or as may be amended from time-to-time and
the potable water rates then established by County Ordinance or as may be amended
from time-to-time. Should the User desire additional water for irrigation purposes
and the District is willing and able to supply any such water exceeding the amount
specified herein, the User shall be billed for this additional amount within the herein
established billing procedures. The User shall make payment to the District within
thirty (30) days of the date of the monthly statement.
16.
UNPAID FEES ARE A STATUTORY LIEN, The User acknowledges that in the
event the fees, rates or charges of the facilities provided for under this Agreement
shall not be paid and become delinquent, any unpaid balance and all interest accruing
thereon shall be a lien on the affected property pursuant to Chapter 153, Part II,
Florida Statutes, as amended.
17.
WATER AVAILABILITY. County makes no promises whatsoever in this
Agreement regarding any reclaimed water. Upon completion of the improvements
by the County necessary to supply supplemental water from any source of
supplemental irrigation water obtained to serve the District's now existing North
County Service area, User shall have a right of first refusal to obtain such
supplemental water up to the quantity specified in this Agreement. At any time
which the County is unable to supply User sufficient supplemental water to satisfy
User in the amounts as described in this Agreement, if requested by User, the County
Page 10 of 20
OR: 2626 PG: 1173
D£C 1 '1999
shall use best efforts to sell potable water to User in such amounts to supplement the
unavailable supplemental irrigation water. As supplemental irrigation water is expected
to cost less per 1,000 gallons, irrigation water is more beneficial to User from an
economic viewpoint.
18.
USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below,
User shall notify any of those District representatives set forth herein and request that
pumping of any such water temporarily cease. Such notice shall be in writing where
circumstances permit and, in the event of an immediate emergency, such notice may be
by telephone with subsequent written confirmation. It is understood by both parties that
District anticipates that it can assist User with the storage and non-delivery of any such
water for a period not to exceed three (3) days in such an emergency situation. Such
storage of any such water, however, shall be subject to the rules, regulations and
directives of the Department of Environmental Protection. Emergencies shall include but
not limited to:
(a)
(b)
(c)
Climactic conditions such as hurricanes, floods or unseasonably excessive rainfall
which makes it impossible for User to accept such water.
Short term equipment or material failure, making it impossible for User to store or
distribute any such water.
An act of God which makes it impossible for User to accept, store or distribute the
subject water.
19.
NOTIFICATION OF DISTKICT. Those representatives of County who shall be
notified in the event of an emergency are:
Collier County Public Works Administrator Phone: (941)732-2575
3301 E. Tamiami Trail
Naples, Florida 34112
Page 11 of 20
Bo
Collier County Wastewater Director
3301 E. Tamiami Trail
Naples, Florida 34112
OR:
Phone: (941)732-2554
2626 PG: 1174
DEC 1 1999
Reuse Coordinator
3301 E. Tamiami Trail
Naples, Florida 34112
Phone: (941)593-0336
20.
COUNTY NOT LIABLE FOR FAILLrRE TO DELIVER WATER. The County shall
not be liable by user for failure to deliver any water if an emergency situation preventing
such delivery exists. County shall exercise due diligence to resolve any such situation
and resume delivery at the earliest possible time. Such situations shall include, but not be
limited to:
(a)
(b)
(c)
(d)
A lack of such water due to a loss or lack of flow from any source thereof or due
to process failure.
Contamination in the water making it unusable for irrigation uses.
Equipment or material failure in the respective water delivery system.
An act of God which makes delivery of any such water by the District not
reasonably feasible or impossible for irrigation uses.
21.
NOTIFICATION OF USER. The representative of User who shall be notified in the
event of an emergency or County's inability to deliver any such irritation water is:
Michael J. Bruet, Development Manager
The Old Collier Golf Club, Inc.
3003 North Tamiami Trail, Suite 400
Naples, FL 34103
Phone: (941)261-4455
Page 12 of 20
OR: 2626
If and when emergency situations occur, the County will notify User by
telephone and follow up with a letter stating the nature of the emergency and
the anticipated duration.
PG: 1175
OEC1
1999
22.
NOTICES. Until further written notice by either party, and except for emergencies,
all notices provided for herein shall be in writing and transmitted by certified mail,
return receipt requested, and shall be addressed as follows:
To User:
The Old Collier Golf Club, Inc.
Michael J. Bruet, Development Manager
3003 North Tamiami Trail, Suite 400
Naples, Florida 34103
To the District:
Collier County Wastewater Director
3301 East Tamiami Trail
Naples, Florida 34112
All notices provided for herein shall be deemed to have been duly given upon the
delivery thereof by hand to the appropriate address as evidenced by a signed
receipt for same, or by the receipt of certified, return receipt, mail, or by courier
service receipt therefor, evidencing delivery of such notice.
23.
WRITTEN NOTICE OF ADDRESSES AND TELEPHONE CHANGES
REQUIRED. The County and User may change the above representatives, mailing
addresses and/or phone numbers at any time upon giving the other party written
notification by certified mail, remm receipt requested.
24.
USE OF THE SUBJECT WATER. Except as set forth above, User shall accept the
water delivered by the District and use it for only irrigation uses on the Users
property in any manner determined by User, except that the use of all such water
shall be consistent with local, state and federal regulations that apply to such water
Page 13 of 20
OR: 2626 PG: 1176
DEC ! 999
for such use. Except as the normal use of the irrigation system may incidentally spray
such water into lakes, ponds, ditches and/or sloughs on the Property, User shall not
discharge any water directly into the surface waters of the State of Florida without written
authorization from the South Florida Water Management District and the Department of
Environmental Protection if such permission is then required by law or rule. User shall
take reasonable precautions, including signs and labeling, to prevent confusion between
irrigation water and other water sources downstream of the each respective point(s) of
delivery. The District shall be deemed to be in possession and control of all such water
until it shall have been delivered to User at the respective point(s) of delivery, after which
delivery User shall be deemed to be in possession and control of all such water.
25.
EXCUSE FOR PERFORMANCE BY GOVERNMENTAL ACTS. If for any reason
during the term of this agreement, local state or federal governments or agencies other
than the County shall fail to issue necessary permits, grant necessary approvals, or shall
require any change in the operation of the treatment, transmission and distribution
systems or the application and use of all such water. Then to the extent that such
requirements shall affect the ability of any party to perform any of the terms of this
Agreement, the affected party shall be excused from the performance thereof and a new
agreement shall be negotiated, if possible, by the parties hereto in conformity with such
permits, approvals, or requirements. However, nothing shall require User or District to
accept any new agreement if it substantially adds to its burdens and obligations
hereunder.
26.
USER'S RIGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User
shall have the right to terminate this agreement if the District fails to delivery such water
or otherwise fails to perform, under the terms and conditions as set forth in this
Agreement. In the event the Board of County Commissioners approves a zoning change
for User's property from the primary use as a golf course, User shall have the right to
terminate this Agreement subsequent to such rezone if the rezone results that User does
not need any of the subject water for irrigation purposes.
Page 14 of 20
OR: 2626 PG: 1177
DEC 1 zl 1999
User's rights to sell, transfer or encumber the land areas irrigated with the subject water
as described in Exhibit A, shall not be affected by this agreement, except that written
notice of any proposed sale or transfer to a company not affiliated with User must be
given to the District, as provided for herein, at least thirty (3) days prior to sale or
transfer. So long as use of the property shall substantially continue to be for the purposes
intended by this agreement, any subsequent party in interest shall be obligated to receive
and use the specified minimum quantity under the same terms and conditions of this
Agreement unless modified by mutual consent of the District (County) and the buyer, or
transferee, or successor in interest to the User.
27.
DISTRICT'S RIGHT TO TERMINATION. The District (County) shall have the right to
terminate this Agreement if the User fails to perform, under the terms and conditions as
set forth in this Agreement, or if performance is prevented by third party litigation, or if
the User is illegally disposing of or using the said water, or if any other event beyond the
control of the District permanently prevents performance, or if the User fails to pay
delinquent fees, rates or charges for the services and facilities provided for under this
Agreement.
28.
TIME OF TERMINATION. Where practical, termination on the part of either party shall
not occur before one hundred eighty (180) days after the terminating party has notified
the other party in writing, except in the instance where User is illegally disposing of or
using any such water.
29.
ACCESS. The District shall have the right, but not the duty, to enter upon the Property
of the User to review and inspect at reasonable times the practices of User with respect to
conditions agreed herein. Such entry shall normally be for the purpose of review of the
operation of the respective water system, for inspection of distribution mains and
appurtenances, and for sampling at any monitoring well located on the property of the
User. User may have a representative accompany the District personnel. All such on-site
monitoring shall be at the County's expense and all such inspections and monitoring shall
be conducted in a manner as not to
Page 15 of 20
OR: 2626 PG: 1178
DEC ! 1999
unreasonably interfere with the activities and rights of the User or others with access to
Collier Tract 21 PUD. Upon conclusion of such inspections and monitoring activities,
the County agrees to restore the User' property to its prior condition if the inspection or
monitoring altered such property.
30.
INDEMNIFICATION. User acknowledges that the supplemental irrigation water, due to
its chemical composition, may not be compatible for irrigation on certain susceptible
vegetation. User agrees that District shall not be held liable for damages that may occur
to vegetation or for any other damages which may occur due to the use or acceptance of
any such water. The User, in consideration of ten dollars, receipt and sufficiency of
which is accepted through the signing of this Agreement, shall hold harmless and defend
the District and its agents and employees from all suits and actions, including attorney
fees and all costs of litigation and judgments of any name and description arising out of
or incidental to this Agreement caused solely by User or by User's agent, employee,
invitee, permittee or any other person or entity on the property at the invitation or implied
invitation of the User.
31.
INDEMNIFICATION. User hereby agrees to save and hold the County harmless from
and against any claims or demands made by appropriate county, state or federal officials
relative to compliance with regulatory requirements concerning application and disposal
of the subject irrigation water downstream of the respective Point of Delivery, as well as
against claims made by third parties for money damages resulting from downstream
contact with any such water, provided, the delivery of water to Point of Delivery is
properly treated by the County as herein defined and required for such water at such
location.
32.
DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agreement is solely for the
benefit of the formal parties hereto, and their successors in interest, and no right or cause
of action shall accrue upon or by reason hereof, to or for the benefit of any third party not
a signatory hereto.
Page 16 of 20
33.
OR: 2626 PG:
SEVERABILITY. If any part of this Agreement is found invalid or unenforceable
by any court, such invalidity or unenforceability shall not effect the other parts of this
Agreement if the rights and obligations of the parties contained therein are not
materially prejudiced and if the intentions of the parties can continue to be effected.
To that end, this Agreement is declared severable.
1179
34.
LAND USE APPROVALS. This Agreement shall not be construed as a basis for
either granting or assuring or indicating, or denying, refusing to grant or preventing
any future grant of land use zoning approvals, permissions, variances, special
exceptions or any other rights with respect to the real property in the approved uses
area.
35.
APPLICABLE LAW. This agreement and the provisions contained herein shall be
construed, controlled and interpreted according to the laws of the State of Florida and
the Collier County Water Ordinance or Ordinances or its/their successor(s) in
function.
36.
RECORDATION. This Agreement shall be recorded in the Public Records of Collier
County, Florida.
37.
FURTHER ASSURANCES. The parties agree that at any time after the execution
hereof, they will, upon the request of the other party, execute and deliver such other
documents and further assurances as may be reasonably required by such other party
in order to carry out the intent of the Agreement.
38.
REGULATORY AUTHORITY. The provisions of this Agreement shall at all times
be subject to the exercise of lawful regulatory authority. This Agreement shall be
governed by Florida law, the Collier County Utilities Standards and Procedures
Ordinance or its successor in function, and other applicable County Ordinances,
Page 17 of 20
39.
OR: 2626 PG: 1180
ID£C! '!999
BINDING EFFECT AND ASSIGNMENT. This Agreement shall be binding upon
and shall be to the benefit of the parties hereto and their respective successors and
assigns. There are no third party beneficiaries with regard to this Agreement. Except
as specifically provided herein, neither party shall have the right to assign or
otherwise transfer this Agreement without the prior written consent of the other
party, which consent shall not be unreasonably withheld. Unauthorized assignment
or other transfer shall be void ab initio. In the event of any such assignment or
transfer, such assignee shall be required to assume, in writing, all rights, duties and
obligations under this Agreement. This Agreement may be assigned by User to an
affiliated company, to which assignment the County hereby consents. User shall
promptly provide written notice of this assignment to the County. In the event User
does not proceed with the development of a golf course on the real property
described in Exhibit "A" hereto, User shall have the right to assign its rights and
obligations hereunder to a third party, subject to approval of the County as to the
property to be receiving the irrigation water hereunder, said approval not to be
unreasonably withheld.
40.
COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but such counterparts shall together
constitute but one and the same instrument.
41.
ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter referenced herein.
Any amendment hereto shall be in writing duly executed by the parties hereto, or
their successors in interest to the Property. Course of conduct between the parties
shall not be a waiver of any term of this Agreement.
Page 18 of 20
OR: 2626 PG: 1181
DEC ~/~ 1999
IN WITNESS WHEREOF, the foregoing parties have subscribed their hands and
seals for the day and year first above mentioned.
IN WITNESS WHEREOF, User and the County have executed or have caused this
Agreement, with the named Exhibits attached, to be duly executed on the date noted
immediately below.
DATED:
THE OLD COLLIER GOLF CLUB, INC.
(1) By:
~ Pr--~sident
WITNESSES TO PRESIDENT'S SIGNATURE:
Pnnted/Typed Name - --
Printe~yped N~e
( Corporate Seal )
STATE OF FLORIDA .
COUNTY OF COLLIER
Acknowledged before me this /'7~ay or ~k~ ,.~ , I ':t ~ '~ , by
~"e~?~'~.~ ~..'-~. ;~ , well ~o~ to me to be the President of THE OLD
COLLIER GOLF CLUB, INC.
(Notarial Seal)
~.xpir~ Oot 16, 2000
Notary Public~ e [oo-~ o-,,-
My Commission Expires:
Page 19 of 20
OR: 2626 PG: 1182
DEC1 ~ 1999
DATED: ~/'~',/);.~;
ATTEST:
DWIGHT E. BROCK, CLERK
st~ature ael~,
Approved as to form and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
AS THE GOVERNING BODY O15
COLLIER COUNTY, FLORIDA!AND EX-
OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-
SEWER DISTRICT.
By:
:
PAMELA S. MAC'KIE, '
CHAIRWOMAN
G:\users~LANA\Wp8\Section2 I\FINAL IRRIGATION AGMT 1.WPD
Page 20 of 20
OR: 2626 PG: 1183
DE:C ! 1999
LEGAL DESCRIPTION
PARCEL NO. 1
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE
NORTH 89°50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST
QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 00o09'30'' EAST FOR A DISTANCE OF
100.00 FEET TO AN INTERSECTION WITH A LINE i00.00 FEET NORTHERLY OF AND
PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION 21; THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL
LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL NO. 1;
THENCE NORTH 89°50'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A
DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET
EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST
QUARTER (SW1/4) OF SAID SECTION 21;
THENCE NORTH 01o32'23'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
440.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 88027'37'' WEST FOR A DISTANCE
OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EASTERLY LINE OF THE
SOUTHWEST QUARTER (SW1/4) OF SECTION 21;
THENCE NORTH 01032'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
890.00 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 89°51'48" WEST ALONG A LINE
PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE
EASTERLY LINE OF THE WEST ONE-HALF (W1/2) OF THE SAID SOUTHWEST
QUARTER (SW1/4) OF SECTION 21;
THENCE NORTH 01o52'47'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
621.76 FEET TO AN INTERSECTION WITH A LINE 399.71 FEET NORTHERLY OF AND
PARALLEL WITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (N1/2) OF THE
SOUTH ONE-HALF (S 1/2) OF THE NORTHWEST QUARTER (NWl/4) OF THE
SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21;
THENCE SOUTH 89°57'13'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND
EXHIBIT "A"
Page 1 of 5
OR: 2626 PG: 1184
D£C 1 1999
PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 2 l, SAID LINE BEING THE
EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901;
THENCE NORTH 02°13'17'' WEST ALONG SAID RIGHT-OF-WAY LINE FOR A
DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET
SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION
21;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°33'45'' EAST
ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1588.50 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 2 AS
RECORDED IN PLAT BOOK 1, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE SOUTH 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET
TO A POINT OF CURVATURE;
THENCE SOUTHERLY, SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND
NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
157o43'50'' FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE
CURVATURE;
THENCE NORTHERLY, NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY
CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF
124°16'03'' FOR AN ARC DISTANCE OF 1084.44'FEET TO A POINT OF TANGENCY;
THENCE SOUTH 53°58'08'' EAST FOR A DISTANCE OF 505.81 FEET TO AN
INTERSECTION WITH THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL
RECORD BOOK 1355, PAGE 1011, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
1066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS;
THENCE NORTH 89o20'50" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS
FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE
OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
60.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID
WALKERBILT ROAD;
THENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE FOR A DISTANCE
OF 600.21 FEET;
THENCE NORTH 89°21'48'' EAST CONTINUING ALONG SAID SOUTHERLY LINE FOR
A DISTANCE OF 731.07 FEET TO TIlE NORTHWEST CORNER OF LANDS DESCRIBED
IN OFFICIAL RECORD BOOK 1219, PAGE 1672, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
EXHIBIT "A"
Page 2 of 5
OR: 2626 PG: 1185
T~ENCE SOUTH 00°43'07" EAST ~ONG THE W~STERI~¥ LINE OF SAID L~NDS FOR
A DIST;~qCE OF 300.00 FEET;
THENCE NORTH 89°21'48" EAST ALONG THE SOUTHERLY LINE OF SAID LANDS
FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45);
THENCE SOUTH 00043'07'' EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR
A DISTANCE OF 505.65 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89016'53'' WEST FOR A DISTANCE
OF 55.53 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62055'02" FOR AN ARC
DISTANCE OF 274.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT
LINE;
THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 631.93 FEET;
THENCE NORTH 89050'30'' WEST FOR A DISTANCE OF 154.92 FEET;
THENCE SOUTH 00009'30" WEST FOR A DISTANCE OF 5.00 FEET;
THENCE NORTH 89°50'30" WEST FOR A DISTANCE OF 801.92 FEET;
THENCE SOUTH 00042'02'' EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT
OF BEGINNING;
CONTAINING 244.233 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL NO. 2
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
(SE 1/4) OF SAID SECTION 21; THENCE SOUTH 89°50'41" WEST ALONG THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FORA DISTANCE OF 818.47
FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 00°40'47" WEST FOR A
DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
WALKERBILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
NO. 2;
THENCE SOUTH 89°21'48'' WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF
356.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL WITH THE WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 );
THENCE LEAVING SAID NORTHERLY LINE NORTH 00°40'47'' WEST ALONG SAID
EXHIBIT "A"
Page 3 of 5
OR: 2626 PG: 1186
DE(:: 1999
PARALLEL LINE FOR A DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF BULKHEAD LINE NO. 3, AS RECORDED IN PLAT BOOK 1, PAGE
16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS NORTH 20056'08.' EAST;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
53003'24.. FOR AN ARC DISTANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITH
A NON-TANGENT LINE WHICH IS PARALLEL WITH THE AFORESAID WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R 45);
THENCE SOUTH 00040'47.' EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
630.00 FEET TO THE POINT OF BEGINNING;
CONTAINING 4.790 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL NO. 3
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH
89°50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE 1/4)
OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 00009'30" EAST FOR A DISTANCE OF 100.00 FEET TO AN
INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE
SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21, THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. 1;
THENCE NORTH 89°50'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
401.04 FEET;
THENCE LEAVING SAID PARALLEL LINE NORTH 00°42'02' WEST FOR A DISTANCE OF
1210.87 FEET;
THENCE SOUTH 89°50'30'' EAST FOR A DISTANCE OF 801.92 FEET;
THENCE NORTH 00009'30.' EAST FOR A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89°50'30'' EAST FOR A DISTANCE OF 154.92 FEET;
THENCE NORTH 00009'30" EAST FOR A DISTANCE OF 631.93 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS NORTH 62°11'56" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY,
EXHIBIT. "A"
Page 4 of 5
OR: 2626 PG: 1187
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62°55'02'' FOR AN ARC
DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY;
THENCE NORTH 89°16'53" EAST FOR A DISTANCE OF 55.53 FEET;
THENCE SOUTH 00o43'07'' EAST FOR A DISTANCE OF 505.08 FEET;
THENCE NORTH 89o50'30'' WEST FOR A DISTANCE OF 442.82 FEET;
THENCE SOUTH 45009'30'' WEST FOR A DISTANCE OF 151.26 FEET;
THENCE SOUTH 00009'30" WEST FOR A
THENCE SOUTH 45009'30'' WEST FOR A
THENCE SOUTH 00o09'30'' WEST FOR A
THENCE SOUTH 45009'30" WEST FOR A
THENCE SOUTH 00009'30'' WEST FOR A
TO THE POINT OF BEGINNING;
DISTANCE OF 100.00 FEET;
DISTANCE OF 200.00 FEET;
DISTANCE OF 390.00 FEET;
DISTANCE OF 190.00 FEET;
DISTANCE OF 338.00 FEET;
CONTAINING 18.415 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT "A"
Page 5 of 5
Form ~02~9
Rev. 5/93
Date Issued-
OR: 2626 PG: 1188
DEC '1 1999
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WATER USE PERMIT NO. RE-ISSUE 11-00052-W
( NON - ASSIGNABLE )
AUGUST 12. 1999
Expiration Date: SEE LIMITING CONDITION NO. 9
Authorizing-
Located In-
Issued To:
THE CONTINUATION OF AN EXISTING USE OF GROUNDWATER FROM THE LOWER TAMIAMI
AQUIFER AND THE WATER TABLE AQUIFER FOR LANDSCAPE AND GOLF COURSE
IRRIGATION SERVING 2~298 ACRES WITH AN ANNUAL ALLOCATION OF 1~881 MILLION
GALLONS.
Collier County.
S19.24/T48S/R26E
COLLIER COUNTY WATER SEWER DISTRICT
(COLLIER COUNTY PELICAN BAY & MULE PEN QUARRY WELLFIELDS)
3301 EAST TAMIAMI TRAIL
BLDG H 3RD FLOOR
NAPLES. FL 34112
This Permit is issued pursuan: :o Application No. 990302-15, dated Februa~f 26, 1999, for :he Use of wa:er as specifimd
above and subjecc to the Special Condi=ions sec forth below. ~e_--mi==ee agrees to hold a~ save =he South Florida Water
Mamagement District and ins successors harmless from any and all damages, claims or liabilities which may arise by reason
of =he construc=ion, main=chance or use of ac:ivities authorized by this permi=. Said application, including all plan and
specifications attached Chere=o. is by refer=nee made a par= hereof.
Upon wr!c:en notice to =he permit=ce, :his pc=mit ~ay be Cemporarily modified, or res=rio=ed under a Declaration
of Wa=er Shot=age or a Declaration of Emergency due Co Water Shot=age in accordance with provisions of ~'h. 373, Fla.
Sca=utes0 and applicable rules and icg"ale=ions of =he South Florida Water Managemenc Distil:=.
This Peri, it may be pe,~nanen=ly or :emporari!y revoked, in whole or in par:, for =he violation of the condicioms of
the permit or for :he violation of any provisiom of =he Water Resources AC: and re~!a:ioas =hereunder.
This ~ermic does not convey to the permit:ce any proper=y rights nor any privileges other =hen those specified
herein, nor relieve che permi::ee from complying with any law, regulation, or requirement affeccing the righ:s of other
bodies or agencies.
Special Conditions are as follows:
SEE PAGES 2-5 OF 5 (24 LIMITING CONDITIONS).
Filed with the Clerk of the South
Florida Water Management District
South Florida Water Management
District. by its Governing Board
On . Original signed b~. Original signeu ,-~
Vern Kaiser TONY BURNS
By By
Deputy Clerk
Assistant Secretary
PAGE 1 OF 5
EXHIBIT "B"
Page 1 of 7
LIMITING CONDITIONS
D£C 1 1999
OR: 2626 PG: 1189
PERMIT NO: 11-OOO52-W
PAGE 2 OF 5
5
6
IN THE EVENT OF A DECLARED WATER SHORTAGE, WATER WITHDRAWAL REDUCTIONS WILL
BE ORDERED BY THE DISTRICT IN ACCORDANCE WITH THE WATER SHORTAGE PLAN,
CHAPTER 40E-21, FLORIDA ADMINISTRATIVE CODE. THE APPLICANT IS ADVISED THAT
DURING A WATER SHORTAGE PUMPAGE REPORTS SHALL BE SUBMI1-FED AS REQUIRED BY
CHAPTER 40E-21, FLORIDA ADMINISTRATIVE CODE.
SOURCE CLASSIFICATION IS:
GROUNDWATER FROM THE LOWER TAMIAMI AQUIFER
GROUNDWATER FROM THE WATER TABLE AQUIFER
PERMI1-FEE SHALL MITIGATE ANY ADVERSE IMPACT ON EXISTING LEGAL USES CAUSED BY
WITHDRAWALS. WHEN ADVERSE IMPACTS OCCUR, OR ARE IMMINENT, THE DISTRICT
RESERVES THE RIGHT TO CURTAIL WITHDRAWAL RATES. ADVERSE IMPACTS ARE:
A) REDUCTION IN WELL WATER LEVELS THAT IMPAIRS THE ABILITY OF AN
ADJACENT WELL, INCLUDING A DOMESTIC WELL, LAWN IRRIGATION WELL, OR
PUBLIC WATER SUPPLY WELL, TO PRODUCE WATER BY 10% OR GREATER,
B) SIGNIFICANT REDUCTION IN LEVELS IN AN ADJACENT WATER BODY SUCH AS
A LAKE, POND, OR A CANAL SYSTEM THAT IMPAIRS THE ABILITY TO PRODUCE
WATER BY 10% OR GREATER,
C) SALINE WATER INTRUSION OR INDUCED MOVEMENT OF POLLUTANTS INTO THE
WATER SUPPLY OF AN ADJACENT WATER USE, RESULTING IN A SIGNIFICANT
REDUCTION IN WATER QUALITY, AND
D) CHANGE IN WATER QUALITY CAUSED BY THE PERMII-[EE THAT RESULTS IN
SIGNIFICANT IMPAIRMENT OR LOSS OF USE OF A WELL OR WATER BODY.
PERMI1-FEE SHALL MITIGATE ANY ADVERSE IMPACT ON EXISTING OFF-SITE LAND USE AS
A CONSEQUENCE OF WITHDRAWALS PERMI1-FED HEREIN. IF INCREASED WITHDRAWALS
CAUSE AN ADVERSE IMPACT ON EXISTING LAND USE, THE DISTRICT RESERVES THE
RIGHT TO CURTAIL FUTURE WITHDRAWAL RATES. ADVERSE IMPACTS ARE:
A) SIGNIFICANT REDUCTION IN WATER LEVELS IN AN ADJACENT SURFACE WATER
BODY, INCLUDING IMPOUNDMENTS, TO THE EXTENT THATTHE DESIGNED FUNCTION
OF THE WATER BODY IS IMPAIRED,
B) LAND COLLAPSE OR SUBSIDENCE CAUSED BY REDUCTION IN WATER LEVELS: AND
C) DAMAGE TO CROPS AND OTHER TYPES OF VEGETATION.
AUTHORIZED REPRESENTATIVES OF THE DISTRICT SHALL BE PERMI1-FED TO ENTER,
INSPECT, AND OBSERVE THE PERMITTED SYSTEM TO DETERMINE COMPLIANCE WITH
SPECIAL CONDITIONS.
IF ANY CONDITION OF THE PERMIT IS VIOLATED, THE PERMIT SHALL BE SUBJECT TO
REVIEW AND POSSIBLE MODIFICATION, ENFORCEMENT ACTION, OR REVOCATION.
EXHIBIT "B"
Page 2 of 7
DEC l 19990R: 2626 PG: 1190
PERMIT NO' 11-O0052-W
PAGE 3 OF 5
APPLICATION FOR A PERMIT MODIFICATION MAY BE MADE AT ANY TIME.
8 WITHDRAWAL FACILITIES ARE:
GROUNDWATER - EXISTING:
7 - 10" X 100' X 300 GPM WELLS CASED TO 50 FEET
GROUNDWATER - PROPOSED:
6 - 10" X 35' X 500 GPM WELLS CASED TO 20 FEET
9 THIS PERMIT SHALL EXPIRE ON DECEMBER 15, 2001. OR THE DATE THE DISTRICT
SHALL SPECIFY IN RULES ADOPTED TO IMPLEMENT THE LOWER WEST COAST.WATER
SUPPLY PLAN WHICHEVER DATE ESTABLISHES A SHORTER PERMIT DURATION.
10. ANNUAL ALLOCATION SHALL NOT EXCEED 1881MG.
MAXIMUM ANNUAL WITHDRAWAL FROM THE LOWER TAMIAMI AQUIFER SHALL NOT EXCEED
603 MG.
MAXIMUM ANNUAL WITHDRAWAL FROM THE WATER TABLE AQUIFER SHALL NOT EXCEED 1278
MG.
MAXIMUM MONTHLY ALLOCATION SHALL NOT EXCEED 216.9 MG.
MAXIMUM MONTHLY WITHDRAWAL FROM THE LOWER TAMIAMI AQUIFER SHALL NOT EXCEED
111.9 MG.
MAXIMUM MONTHLY WITHDRAWAL FROM THE WATER TABLE AQUIFER SHALL NOT EXCEED
105.0 MG.
11. USE CLASSIFICATION IS LANDSCAPE AND GOLF COURSE ZRRIGATION.
12.
13.
14.
THE PERMI1-FEE IS ADVISED THAT THIS PERMIT DOES NOT RELIEVE ANY PERSON FROM
THE REQUIREMENT TO OBTAIN ALL NECESSARY FEDERAL, STATE. LOCAL AND SPECIAL
DISTRICT AUTHORIZATIONS.
THE PERMIT DOES NOT CONVEY ANY PROPERLY RZGHT TO THE PERMII-FEE, NOR ANY
RIGHTS AND PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER
40E-2. F.A.C.
IF ADVERSE IMPACTS OCCUR TO NATURAL'RESOURCES AS A RESULT OF THE PERMITTEE'S
WATER WITHDRAWALS, THE PERMII-FEE SHALL MITIGATE FOR SUCH IMPACTS. WHEN
ADVERSE IMPACTS OCCUR. OR ARE IMMINENT. DISTRICT RESERVES THE RIGHT TO
CURTAIL WITHDRAWAL RATES. EXAMPLES OF ADVERSE IMPACTS ARE:
A) REDUCTION IN GROUND WATER LEVELS THAT RESULTS IN SIGNIFICANT LATERAL
MOVEMENT OF THE FRESH WATER/SALT WATER INTERFACE.
EXHIBIT "B"
Page 3 of 7
D£C 1999
OR: 2626 PG: 1191
PERMIT NO: 11-00052-W
PAGE 4 OF 5
B) REDUCTION IN WATER LEVELS THAT ADVERSELY IMPACT THE HYDROPERIOD OF
PROTECTED WETLAND ENVIRONMENTS.
C) SIGNIFICANT REDUCTION IN WATER LEVELS OR HYDROPERIOD IN A NATURALLY
OCCURING WATER BODY SUCH AS A LAKE OR POND,
D) INDUCED MOVEMENT OR INDUCTION OF POLLUTANTS INTO THE WATER SUPPLY
RESULTING IN A SIGNIFICANT REDUCTION IN WATER QUALITY, AND
E) SIGNIFICANT HARM TO THE NATURAL SYSTEM INCLUDING DAMAGE TO HABITAT FOR
RARE OR ENDANGERED SPECIES.
15.
16.
PRIOR TO FEBRUARY 12, 2000. PERMI1-FEE SHALL PROVIDE THE RESULTS OF THE
CALIBRATION TESTING OF THE IDENTIFIED WATER ACCOUNTING METHOD(S) AND EQUIP
ALL EXISTING AND PROPOSED WITHDRAWAL FACILITIES WITH APPROVED WATER USE
ACCOUNTING METHOD(S) PURSUANT TO SECTION 4.1 OF THE WATER USE BASIS OF
REVIEW.
PERMITTEE SHALL SUBMIT ALL DATA AS REQUIRED BY THE IMPLEMENTATIO~ SCHEDULE
FOR EACH OF THE LIMITING CONDITIONS TO: S.F.W.M.D., SUPERVISING
PROFESSIONAL - P.P.C.. WATER USE DIVISION (4040), P.O. BOX 24680, WEST PALM
BEACH, FL 33416-4680.
17.
EVERY TWO YEARS FROM THE DATE OF PERMIT ISSUANCE. THE PERMI1-FEE SHALL SUBMIT
RE-CALIBRATION DATA ON EACH WATER PUMPING ACCOUNTING FACILITY, FOR THOSE
PERMII-[EES WHOSE ACCOUNTING METHOD(S) REQUIRE RE-CALIBRATION.
18.
MONTHLY WITHDRAWALS. SEPARATED BY EACH SOURCE AS STATED ON THE PERMIT. SHALL
BE SUBMII-I'ED TO THE DISTRICT ON A QUARTERLY BASIS. THE WATER ACCOUNTING
METHOD AND MEANS OF CALIBRATION SHALL BE STATED ON EACH REPORT.
19.
LANDSCAPE AND GOLF COURSE PERMI1-FEES MUST COMPLY WITH ALL PLAN REQUIREMENTS
AND THE IMPLEMENTATION SCHEDULE CONTAINED IN THE PLAN SUBMITTED PURSUANT TO
SECTION 2.3.1 OF THE BASIS OF REVIEW FOR WATER USE PERMIT APPLICATIONS
WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994.
20. LANDSCAPE AND GOLF COURSE IRRIGATION IS PROHIBITED BETWEEN THE HOURS OF
10:00 A.M. AND 4:00 P.M.. EXCEPT AS FOLLOWS:
A. IRRIGATION USING MICRO-IRRIGATION SYSTEM IS ALLOWED ANYTIME.
B. USERS WHOSE AVERAGE ANNUAL ALLOCATION IS MADE UP OF 75% OR GREATER
VOLUME OF RECLAIMED WATER FOR IRRIGATION MAY IRRIGATE AT ANYTIME.
IRRIGATION OF. OR IN PREPARATION FOR PLANTING. NEW GOLF COURSES AND
RECREATIONAL AREAS IS ALLOWED AT ANY TIME OF DAY FOR ONE 30 DAY
PERIOD PROVIDED IRRIGATION IS LIMITED TO THE AMOUNT NECESSARY FOR
PLANT ESTABLISHMENT. IRRIGATION OF NEWLY SEEDED OR SPRIGGED GOLF
COURSE AREAS IS ALLOWED ANY TIME OF DAY FOR ONE 60 DAY PERIOD.
Do
WATERING }N OF CHEMICALS. INCLUDING INSECTICIDES. PESTICIDES,
FERTILIZERS. FUNGICIDES. AND HERBICIDES WHEN REQUIRED BY LAW,
RECOMMENDED BY THE MANUFACTURER OR CONSTII13TING BEST MANAGEMENT
PRACTICES IS ALLOWED ANYTIME WITHIN 24 HOURS OF APPLICATION.
EXHIBIT "B"
Page 4 of 7
21.
22.
23.
24.
D£C1 1999
OR: 2626 PG: 1192
PERMIT NO' 11-00052-W
PAGE 5 OF 5
E. IRRIGATION SYSTEMS MAY BE OPERATED ANYTIME FOR MAINTENANCE AND
REPAIR PURPOSES.
F. THE USE OF WATER TO PROTECT GOLF COURSE TURF FROM HEAT AND WIND
STRESS DAMAGE IS ALLOWED ANYTIME.
IF AT ANY TIME THERE IS AN INDICATION THAT THE WELL CASING, VALVES. OR
CONTROLS LEAK OR HAVE BECOME INOPERATIVE, REPAIRS OR REPLACEMENT SHALL BE
MADE TO RESTORE THE SYSTEM TO AN OPERATING CONDITION. FAILURE TO MAKE SUCH
REPAIRS SHALL BE CAUSE FOR FILLING AND ABANDONING THE WELL, IN ACCORDANCE
WITH PROCEDURES OUTLINED IN CHAPTERS 40E-3 AND 40E-30. F.A.C.
IF A PROPOSED WELL LOCATION IS DIFFERENT FROM A LOCATION SPECIFIED IN THE
APPLICATION, THE PERMI1-FEE SHALL SUBMIT TO THE DISTRICT AN EVALUATION OF THE
IMPACT OF PUMPAGE FROM THE PROPOSED WELL LOCATION ON ADJACENT EXISTING LEGAL
USES. POLLUTION SOURCES, ENVIRONMENTAL FEATURES, THE SALINE WATER INTERFACE,
AND WATER BODIES ONE MONTH PRIOR TO ALL NEW WELL CONSTRUCTION. THE
PERMITTEE IS ADVISED THAT THE PROPOSAL MUST MEET ALL PERMITTING CRITERIA tN
EFFECT AT THE TIME OF SUBMI1-FAL. AND THAT A FORMAL MODIFICATION OF THE
PERMIT SHALL BE REQUIRED IF THE WITHDRAWALS FROM THE WELL LOCATION RESULT IN
AN ENVIRONMENTAL OR RESOURCE IMPACT SIGNIFICANTLY GREATER THAN THAT
ANTICIPATED IN THE PERMIT REVIEW PROCESS.
PERMI1-FEE SHALL SECURE A WELL CONSTRUCTION PERMIT PRIOR TO CONSTRUCTION.
REPAIR. OR ABANDONMENT OF ALL WELLS, AS DESCRIBED IN CHAPTERS 40E-3 AND 40E-
20. F.A.C.
THE PERMI1-FEE SHALL SUBMIT TO THE DISTRICT AN UPDATED TABLE "A" (WELL
DESCRIPTION TABLE) WITHIN ONE MONTH OF COMPLETION OF THE PROPOSED WELLS
IDENTIFYING THE ACTUAL TOTAL AND CASED DEPTHS. PUMP MANUFACTURER AND MODEL
NUMBERS. PUMP TYPES, INTAKE DEPTHS AND TYPE OF METERS.
EXHIBIT "B"
Page 5 of 7
~OV, 17.1999 9: ~OAM CI)M MISSIMER
LAST DATI~' FOR GOVERNING BOARD ACTION:
September g. I999
WATER OSE STAFF REVIEW SUMMAR~
1 (PRINTED PAGE 1) ]
Subject to go. vernin
:-- Board., Approva, l
APPLICATION NUMBER: 990302-16
DEC il 1999
PERMIT NUMBER: 11-00052-W
PROJECT NAME: COLLIER ~OUNTY PELICAN ~LAY & MULE P~ QUARRY WELLFIELDS
WATER USE STATUS: MODIFICATION
SURFACE WATER MANAGEMENT STATUS: NOT APPLICABLE.
RIGHT OF WAY STATUS: NOT APPLIC~LE.
LOCAl-iON: COLLIER COUNTY, S19, g4/T48S/R26E
APPLICANT'S NAME AND ADDRESS: COLLIER COUNTY WATER SEWER DISTRICT
3201 FAST TAMiAMI TRAIL
..BLDG H SRO FLOOR
:'~RLES. -FL · 24112 ..
OWNER'S NAME ~J~D ADDRESS:
PURPOSE:
COLLIER COUNTY WATER SEWER DISTRZCT
3301 EAST TA~IAMI TRAIL
BLDG H 3RD FLOOR
NAPLES, FL 24112
The purpose of this application is to modify Water Use Permit No. 11-00052-W
to add the Water Table aquifer as a source, add six Water Table aquifer wells
at a n~w w~llfield, and increase the annual and maximum daily allocations.
Da~
1
EXHIBIT "B"
Page 6 of 7
17.1999
9: 41AM
CDM MISSIMER I~f~I-
STAFF RECOMMENDATIONS
· '*y J
HO. 972 P.~
OR: 2626 PG: 1194
DATE OF ISSUANCE: August 12, 1999
EXPIRATION'DATE: SEE LIMITING CONDITION NO.
USE CLASS(ES): LANDSCAPE
GOLF COURSE
GROUNDWATER FROM THE LOWER TAMIAMI AQUIFER
GROUNDWATER FROM THE WATER TABLE AQUIFER
RECOMMENDED AU. OF, AT/ON:
ANNUAL Al_LOCATION: .1881
MAXIMUM MONTHLY ALLOCATION: 216.g
MILLION GALLONS (HG)
MILLION GALLONS (MG)
DEC{ {999
SPECIFIC SOURCE LIMITATIONS * GROUNDWATER:
MSD
LOWER TAMIAMI AOUIFER (t~,~,~,~ ~'~ ~Jm-'-s'~ . O0
WA~R TABL~AOUIFER [~p~ ~~ .00
EXI~NG ~D~L F~IL~S~'~ '~OU~A~:
~ SO.CE: LOWER T~I~I AQUIF~
7 - IO' X lO0' X 300 GPM WELLS C~ ~ 50 FE~
P~POS~ W~D~ F~ILITIES - GROUN~A~R:'
~ SO.CE: WA~ TABLE AQUIFER
6 - lO~ 'X 25' X 500 GPM WELLS C~ED ~ 20 FE~
TOT~ ~ C~~:
GPM
LOWER TAMIAMI AQUIFER
WATER TABLE AQUIFER
E 2100
P 3000
TOTALS
MGM MGY
1!i.9 603
105.0 1278
3.02
4.32
MSM MGY
90.7
129.6
1104
1577
2681
2
EXHIBIT "B"
Page 7 of 7
DEC 1999
~ -' NAPLES PARK
................................ ~ ELEMENTARY
i $Ct.~OOL
_ ~ .................................. ¢ .......... 2_
111 TH AV~ N.
TEXT
W~M~T
APPROXIMATE
POINT OF DELIVERY
INCLUDES COLLIER
COUNTY STANDARD
METERING STATION *
ON GOLFCOURSE
PROPERTY IN APPROPIA TE
EASEMENTS DEDICATED TO
COLLIER COUNTY
*Meterin~ device to meet County standards and be
:";' ~:E XHI BI"~°"'mETRA C T~o cO~uERT 21C DE VEL OPMEN Tc, o~r c~ue
provided
D~W,.; 8'r: DJA
REV,£WED BY; DJA
N.T.S
at no cost to Count
o,~: z2/~0/99 ,~S~ ,:,~'O~'cr ~o.
O~TE: ,z/to/~ I6969
: / /~ [ 1
ACAD O~: N~ ~ rl~C Nn
December 14, 1999
Item #8B5
ADDITIONAL LANDSCAPING WORK FOR DAVIS BOULEVARD PHASE II, BASED ON
CLARIFICATIONS TO THE STREETSCAPE MASTER PLAN (FOLLOW-UP TO AGENDA
ITEM #8B1 ON NOVEMBER 9, 1999) - APPROVED
And we will move to Item 9(A), a recommendation for an offer of
settlement.
COMMISSIONER CONSTANTINE: 8(B) (5)?
COMMISSIONER BERRY: 8(B) (5).
CHAIRWOMAN MAC'KIE: I'm sorry, what did I skip?
COMMISSIONER CONSTANTINE: 8(B) (6).
Oh, landscaping on Davis. How could I have skipped that?
COMMISSIONER CONSTANTINE: Move staff recommendation.
CHAIRWOMAN MAC'KIE: Were there alternatives there, Tim, or was
there --
COMMISSIONER BERRY: Yeah, 16(B) --
COMMISSIONER CONSTANTINE: Staff had one recommendation.
MR. RYZIW: Good afternoon, Commissioners. For the record, Lad
Ryziw. I represent your public works engineering department.
The executive summary before you regards Davis Boulevard, and
it's a follow-up item to the November 9th presentation. And at that
time, the Board of County Commissioners had asked staff to revisit the
streetscape master plan.
CHAIRWOMAN MAC'KIE: Lad, excuse me, there's a motion and a
second in favor of staff's recommendation.
MR. RYZIW: I'm sorry, I didn't hear that.
CHAIRWOMAN MAC'KIE: That's okay.
Are there public speakers?
MR. FERNANDEZ: No.
CHAIRWOMAN MAC'KIE: If not, are there questions for staff?
MR. FERNANDEZ: I'm sorry, you do have public speakers. This is
8 (B) (5) ?
CHAIRWOMAN MAC'KIE: Scott, you want to talk us out of this?
MR. FERNANDEZ: You have Scott Bonham.
CHAIRWOMAN MAC'KIE: Feel free to waive your right to speak if
you --
MR. BONHAM: I will.
CHAIRWOMAN MAC'KIE: Okay.
MR. BONHAM: Good afternoon, Commissioners. My name is Scott
Bonham. I like the way I feel right now. This morning when I came
down here, I didn't have this feeling.
I come now to thank the board for the consideration of the
matter, because I think it's a wise consideration.
CHAIRWOMAN MAC'KIE: No, we owe you the thanks, because you
brought this to our attention, and it would have been an oversight
that we would all have been unhappy with after the fact. We do
appreciate your bringing it to our attention.
Page 104
December 14, 1999
MR. BONHAM: With that being said, I'd like to thank particularly
Commissioner Constantine, because he was a personal help to me. And
also, I'd like to thank Lad Ryziw. Anything that I asked Lad to help
me with, he gave me the documents that I requested. Thank you again
very much for your consideration.
CHAIRWOMAN MAC'KIE: Thank you, sir.
We have a motion and a second. All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Item #8B6
PRESENTATION OF THE RESULTS OF STAFF AND CONSULTANT INVESTIGATIONS
INTO THE EXTENSION OF PIPER BOULEVARD EASTERLY TO STRAND BOULEVARD -
STAFF TO BRING BACK NECESSARY STEPS TO COMPLETE THE PROJECT - APPROVED
8(B) (6), the former 16(B) (2).
COMMISSIONER CONSTANTINE: Who pulled it?
COMMISSIONER BERRY: I did. This has to do with the extension of
Piper Boulevard, which is a roadway that runs adjacent to Immokalee
Road on the north side, starts down in the Palm River area.
COMMISSIONER CONSTANTINE: Do you not want to do that?
COMMISSIONER BERRY: Well, go ahead, Mr. Kant.
MR. KANT: Edward Kant, transportation services director.
Let me begin by making an apology. This item probably should not
have been on the consent agenda, because in re-reading it, we were
asking for a recommend -- for guidance and a recommendation.
The board and staff have received a number of inquiries over the
past year with -- actually, longer than a year, I believe -- with
respect to the feasibility of extending Piper Boulevard from its
present eastern terminus at Livingston Road to connect easterly to the
new Strand Shopping Center. In addition to which, there was a concern
as to whether or not there was a way of changing or augmenting the
traffic control out there to see if we could get a better traffic flow
along Immokalee Road.
Staff hired a consultant to help make that determination, and the
bottom line to this is the staff's rec -- the staff and consultant's
recommendation is not to put what we would call paired traffic signals
along Piper Boulevard and Immokalee Road.
And because of the rather unique way that that land up there has
been platted, there's not a very likelihood that we could get a road
in there. However, staff is looking at trying to take a pathway that
would facilitate pedestrians and cyclists and skateboarders and what
have you. And the only thing that we would have to do would be to
pursue some type of an easement or allowance from the Strand folks to
cross their buffer.
I'm referring to this landscaped buffer right at this point here.
That's a small picture. You do have one in your package.
Page 105
December 14, 1999
The pathway could come along the front of the Carlton Lakes
commercial tract and continue along the front of their berm, which has
got the large rocks and trees on it.
The commercial tract, I might add, has recently come up for
approval for -- I think the board recently looked at a change in the
zoning to permit a shopping -- not a shopping center, but large
supermarket. One of the -- I hesitate to use the word mega stores; it
has a pharmacy and a liquor store and everything in it. And that may
help the local issue with being access to shopping in that area.
COMMISSIONER CONSTANTINE: Ed, quick question. Who are they
proposing would pay for all this stuff?
MR. KANT: Well, the shopping center obviously is taking care of
itself. The pathway, what we're proposing is that we -- if the board
gives us direction to pursue that, that we would present that as a
capital project and let it compete for funds with all the other
capital projects.
COMMISSIONER CONSTANTINE: I'm just wondering how -- I mean, I
understand when you go to Naples Park or to the Manor or to Golden
Gate or some of the older communities, that we're playing catchup on
sidewalks. But what I can't figure out is why we're not just making
that a part of a requirement. Nothing on Immokalee Road is terribly
old in that particular section. Shouldn't they be paying for it? The
Strand's going to gain benefit from that, the residents who have moved
in and built fairly recently are going to be benefitting from that.
MR. KANT: We did get the right-of-way --
COMMISSIONER CONSTANTINE: Shouldn't they have paid for that?
MR. KANT: We did get the right-of-way in front of the Carlton
Lakes, and I don't have an answer as to whether or not something
should have happened back in '90 whatever, when that got approved.
COMMISSIONER CONSTANTINE: Obviously it should have.
MR. KANT: Well, at the time, again, staff did manage to get the
60-foot right-of-way, or easement. It's now a landscape buffer, but
we have the right to convert that into a right-of-way easement.
The cost of the ped. bike path, I'm sure -- I have no qualms
about going back and approaching the developer. The developer's still
in Carlton Lakes. Whether or not he would choose to participate, I
don't know what the answer to that question would be. But we
certainly, if that is board's direction, we'll go back and talk to
them.
We would have to go back to the Strand developer because of the
platting of that 20-foot easement. Frankly, I don't know if they're
not willing to give us some kind of an easement across that to put a
pathway in. There might -- I don't want to speculate at this point
whether we'd have to go into eminent domain, but that's an issue that
we'd deal with at that time.
COMMISSIONER CONSTANTINE: Getting back to the global theme
today. If we don't have a policy in place that requires that, I mean,
we see we have relatively new developments on Airport Road that we're
now, when we widen Airport, we're going to try to put some sidewalks
Page 106
December 14, 1999
in. And should we, if we haven't already, amend our ordinances to
make requirements for those type of things?
CHAIRWOMAN MAC'KIE: Yes. I mean, that's two. Is there anybody
else who agrees?
COMMISSIONER BERRY: I agree.
COMMISSIONER CARTER: Yes.
CHAIRWOMAN MAC'KIE: Absolutely.
MR. KANT: I'll take that message back to the Planning Department
and make sure that when we come up with the next cycle of amendments
to the LDC that that's included.
COMMISSIONER CONSTANTINE: Thank you.
COMMISSIONER BERRY: Commissioners, just to make a point, this
kind of got started with when the new Publix went in up at the Strand,
and I was concerned about traffic out onto Immokalee Road. And this
kind of -- we started this well, let's look into it and see what the
possibility would be of taking the older stretch, which is along
Willoughby Acres and Palm River, which has been there for a long time,
and see what we could do, if it could -- if there was a possibility of
extending that. So if people have to go to the market, they don't
have to go out and get onto Immokalee Road.
What happened in the meantime is that South Florida Water
Management District came in, and they've done a lot of work on the
canal up there. So what appeared to be a possibility of trying to
extend Piper Boulevard kind of went down the drain. CHAIRWOMAN MAC'KIE: So to speak.
COMMISSIONER BERRY: Because what is left is just a very narrow
pathway.
Now, one of the things, and Mr. Kant has mentioned this, is the
fact that Albertson's is coming into that Carlton Lakes area where
they currently have their sales trailers. And they're talking about
putting in a grocery store there.
COMMISSIONER CONSTANTINE: They're one of those mega stores,
aren't they?
COMMISSIONER BERRY: It's going to be, in my opinion, a typical
-- what is almost a typical type supermarket. MR. KANT: Big box supermarket.
COMMISSIONER BERRY: Which is going to be beneficial to those
folks, so they won't -- again, if they wish to, they have that
opportunity to come out and access the grocery store that's on the
same side of the road. They don't have to get out onto Immokalee Road
to do it.
The pathway part of it, if someone does wish to go on up to the
Strand, which has more to offer in terms of a dry cleaners, a shipping
station, there's a restaurant up there, those kinds of things, that
they'll at least be able to access it, if nothing else, via pathway.
You know, I'm a little disappointed that we couldn't do the road,
but if we can't do the road, I think the pathway is going to at least
allow the movement --
CHAIRWOMAN MAC'KIE: Of humans.
COMMISSIONER BERRY: -- of people to at least get up there.
Page 107
December 14, 1999
Now, the problem's going to be when they do get to the east end
and they come to the Strand. If you go up there and view it right
now, there's a big sign there. And it's -- I don't know how that
right-of-way works around that sign, but that's -- they're going to
have to work that.
MR. KANT: We checked that out, Commissioner, and there is, we
believe, sufficient room to put an eight-foot pathway between the sign
and the what I call a rock wall. And we would ask the board to give
us the direction to pursue -- as we've asked in the recommendation, to
pursue the easement across that land, or fee title, and develop a
capital project plan for it.
COMMISSIONER NORRIS: So moved.
COMMISSIONER CARTER: Well, in the -- maybe Jack Pointer has --
the original PUD has a 60-foot right-of-way in there. Is that all
gone away, or what's the story?
COMMISSIONER BERRY: Just by appearances. Now, I don't know what
the actual -- and Ed could certainly speak to that better than I. It
visually appears that it pretty much disappeared.
MR. KANT: That is shown as a landscape buffer as opposed to a
right-of-way, Commissioner. However, and at this point I'm acting on
my own recollection, there I believe was some verbiage in the PUD or
on the plat that would have permitted us to go after that as a
right-of-way. But as Commissioner Berry's pointed out, with the
proximity of the canal and now the degree to which that's become
landscaped, the practicality of that is in question.
CHAIRWOMAN MAC'KIE: And I read this -- when I read this agenda
item, it was with sadness that we can't have the road, but let's at
least get the pedestrian access.
COMMISSIONER CONSTANTINE: What direction are you looking for
today?
MR. KANT: To pursue the easement for a pathway across that
Strand buffer and to present whatever is necessary to include a
project to compete in the capital funding process.
CHAIRWOMAN MAC'KIE: And we have a motion to that effect. Do we
have a second?
COMMISSIONER BERRY: I'll second it.
COMMISSIONER CARTER: Well, I'll second it. But I also know Mr.
Pointer, who is sitting in the room, has some material to share with
us and that which may be incorporated into the public record. He is
part of this process.
CHAIRWOMAN MAC'KIE: Is he registered to speak?
MR. FERNANDEZ: He's a registered speaker, yes.
CHAIRWOMAN MAC'KIE: Mr. Pointer, would you come up and speak to
us?
MR. KANT: While Mr. Pointer is coming up, I do want to point out
that the study did confirm staff's initial finding, that the level of
service of Immokalee Road would not be enhanced at all by whether that
road were extended or not, even if it could be extended.
CHAIRWOMAN MAC'KIE: More convenience.
Page 108
December 14, 1999
COMMISSIONER BERRY: It was more of a convenience, I think, for
the residents, trying to keep them off the road. CHAIRWOMAN MAC'KIE: Mr. Pointer.
MR. POINTER: Good afternoon, Commissioners. My name is Jack
Pointer. I live in Willoughby Acres. And at this time I am
representing Willoughby Acres here.
Piper Boulevard is a frontage road that parallels Immokalee Road,
beginning on the west from Palm River on up to Livingston Road, about
a mile and a half at this present time.
We are proposing to extend Piper Boulevard to the east about
four-tenths of a mile or 2,000 feet.
The PUD that you have in front of you indicates that 60 feet of
right-of-way is available to the county on request. You will note
that four -- or three PUD's in 1992, '94 and '95, all said exactly the
same thing that you have outlined in yellow. We started working on
this in 1990, so it's approximately 10 years that we've been at this.
However, you will remember Willoughby Acres spent 17 years
getting the ditches closed. So we've got a little bit of time to go.
Of the 2,000 feet eastward from Livingston Road to Strand
Boulevard, there is 60 feet available on about 1,000 feet of it. A
berm was put on top of part of the 60 feet. CHAIRWOMAN MAC'KIE: Oh, I see.
MR. POINTER: So it is not an entire 60 feet that is missing on
the eastward 1,000 feet.
Further, about three years ago when we started pushing this
heavily and told Strand Development out there that we wanted this road
to go across Strand Boulevard, they said we intend to put up a block
wall to stop you. And they did. So that was put on after I talked to
the people about not doing that particular thing.
You will recall that -- Piper Boulevard has got quite a history.
To begin with, 30 years ago it was the only access to Willoughby
Acres. There were no bridges. In front of the Sharondale area,
somebody took about 400 feet of that road away from the county, and
the county had to buy it back a few years ago, because we couldn't
prove that it belonged to the county.
In 1990, or thereabouts, 660 feet was stolen from Piper Boulevard
on the east side of Willoughby. We caught it right away and it was
given back to the county, with a little extra along that line.
At one time the county specified that Piper Boulevard would be
used for the development of Imperial to the north, and a cement truck
full of cement mashed down the road and fell into the canal full of
cement. They had to dig that out. Since that time, they have fixed
the road.
So I think that if we can just extend the road about 2,000 feet
to the east, that we will be able to go to the grocery store and buy
our groceries. It will do us absolutely no good to have a couple of
old ladies on a bicycle driving on up there to the grocery store,
because they aren't going to be able to get their groceries anyway.
Page 109
December 14, 1999
So I think we need the road, and the provision for it is right
here. You've had it 10 years, you've had it in three PUD's. Why did
you allow it not to be developed? Thank you very much.
CHAIRWOMAN MAC'KIE: And the question I have is -- I agree with
him 1,000 percent, that that is the preferable way. And in this PUD,
it says that it will dedicate 60 feet. The fact that they didn't,
have we waived that in some way?
MR. KANT: No, Commissioner. The issue, frankly, is not the
Carlton Lakes dedication or the right-of-way. And I don't disagree
with anything Mr. Pointer has said, but for the fact that there is a
20-foot buffer easement that has been dedicated as part of the plat of
the Strand. It has nothing to do with Carlton lakes. That -- I don't
want to call it a spite strip, but that strip is what's preventing us
from making the connection.
COMMISSIONER CONSTANTINE: How long?
MR. KANT: I beg your pardon?
COMMISSIONER CONSTANTINE: How long? 20 feet wide is how long?
MR. KANT: It goes all the way up to by the guardhouse. I don't
know, half a mile, quarter of a mile, whatever that is to the
guardhouse.
CHAIRWOMAN MAC'KIE: Aren't they --
MR. KANT: I'm sorry, not the guardhouse, the commercial piece.
MR. POINTER: We only have to forward 20 feet of it.
MR. KANT: 20 feet.
CHAIRWOMAN MAC'KIE: Right.
COMMISSIONER CONSTANTINE: That's my question. I mean, if it's
20 feet, not that I really would want to get into an eminent domain
thing, but if it's -- if we've got access to the whole thing and we
can do what Commissioner Berry's preferring with the roadway there --
CHAIRWOMAN MAC'KIE: Right.
COMMISSIONER CONSTANTINE: -- and just plow across the 20 feet --
MR. KANT: Again, I would invite your attention to the document
that Mr. Pointer's provided, and there are a number of ifs in there.
There's not been a dedication, the county's not requested it, and
there was never any direction to request it. If that's your
direction, commissioners, we'll be pleased to begin that process. I
might point out that --
CHAIRWOMAN MAC'KIE: I've got to interrupt you there, Ed, because
this makes me nuts. What do you mean there's no county direction? It
says the property owner will. And the County Commission adopted that
language. They didn't say bring it back to the County Commission and
ask them if they want to give direction.
MR. KANT: It says if the boulevard is extended, then the
property owner will dedicate it. CHAIRWOMAN MAC'KIE: Will.
MR. KANT: Further down it says should the property be dedicated
to the county. It talks about a potential right-of-way. It continues
to talk about whether or not there may be other limitations on the
use. Commissioners --
Page 110
December 14, 1999
CHAIRWOMAN MAC'KIE: But that's just based on the if the Piper
Boulevard is extended.
COMMISSIONER CONSTANTINE: Can I make a suggestion?
MR. KANT: Well, I wasn't sitting in this chair when this was
done. I'm trying to follow what we have in the PUD document.
CHAIRWOMAN MAC'KIE: I don't mean to be shooting the messenger,
Ed, I apologize.
COMMISSIONER CONSTANTINE: I'd like to make a suggestion to the
motion maker that we include as part of the motion that staff bring
back exactly what steps would be necessary to make this a roadway as
opposed to simply a park.
COMMISSIONER NORRIS: And let me ask a question.
COMMISSIONER CONSTANTINE: Because it appears from reading this
that that might still be viable.
COMMISSIONER NORRIS: Well, it appears to me that if you do that,
you're going to have a pretty -- I'm just looking at this map. Won't
you have a pretty severe traffic conflict there right at the entrance
of their --
MR. KANT: Well, there's another issue. Again, I'm trying to
stay away from technical matters. But that's a -- I don't want to
create another nightmare like we have at Airport Road or like we have
at Palm River Boulevard or like we have at Lakeland and had at -- I'm
saying have at Euclid and had at Lakeland before we removed that
bridge.
COMMISSIONER CONSTANTINE: Is it better to have traffic have to
go out onto Immokalee Road and down that --
MR. KANT: Based on the traffic study, Commissioner, that we had
commissioned, the findings are that there is not going to be any
significant diminution in the level of service of Immokalee Road
because of that level of connection.
The other issue, and a very important issue is, even if, and it's
a very big if, even if we did decide that perhaps we wanted to pursue
some eminent domain action, there's -- we can't demonstrate a lack of
viable alternatives, and that's one of the keys to a successful
eminent domain action, I am told. The viable alternative is Immokalee
Road.
COMMISSIONER NORRIS:
morning, as well.
COMMISSIONER BERRY:
COMMISSIONER NORRIS:
COMMISSIONER BERRY:
We just approved a traffic light there this
At the Strand, right.
Here.
And don't forget --
COMMISSIONER CONSTANTINE:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
want here for this strip.
COMMISSIONER BERRY:
one -- I would -- no, no.
Not too late to reconsider that.
That's for sure.
Don't you even think about it.
Well, contingent on them giving us what we
Absolutely not. I mean, I would be the last
Because I'll tell you, by not putting that light at the Strand,
you preclude residents that live to the east of that area on Immokalee
Page 111
December 14, 1999
Road from almost use of that grocery store and that shopping area.
Because to come in there, granted, it's easy, right-hand turn in. But
to come out, you have to cross traffic on Immokalee Road and try and
get out to go back east. It's like taking your life in your hands
every time you do that.
COMMISSIONER CONSTANTINE: I just find it hard to believe that
with all the talk we do about encouraging new developments to have
interconnectivity so that they don't have to go out onto major
roadways, that there isn't some benefit, even from a safety aspect, at
the very least, not sending someone -- if someone is to the west of
the Strand and wants to go pick up a loaf of bread, you're sending
them across four lanes of traffic, down two-tenths of a mile, back
across four lanes of traffic. And so -- MR. KANT: That's correct.
COMMISSIONER CONSTANTINE: -- while that may or may not have an
overwhelming impact on volume, that surely has a safety aspect
attached to it, so --
CHAIRWOMAN MAC'KIE: Either that or we've been completely wrong
for a couple of years in trying to get this whole interconnection, the
whole Whippoorwill discussion we had this morning, all of that is
based on this assumption that if we can keep people off these major
roadways to get a loaf of bread, we're doing something good.
COMMISSIONER CARTER: Why can't we just incorporate into the
study what Commissioner Constantine suggested so that we can move
forward and see if we can't get this done. To me it is a safety issue
more than anything else. And I can't understand why we can't do that.
COMMISSIONER BERRY: I would certainly prefer it. But let's put
it this way: I was to the point that if I can't get the whole loaf,
I'll take the half.
COMMISSIONER CARTER: Well, let's go for the whole and see what
happens.
COMMISSIONER BERRY: If we can get more -- I mean, obviously this
would be the best of both worlds, as far as this commissioner is
concerned.
COMMISSIONER CONSTANTINE: I certainly support you on that. If
we can get the whole loaf, let's have a report back, first of January,
first part of January, to show what the benefits -- what the pros and
cons are and what the steps would be to make that whole loaf.
MR. KANT: Am I to understand then, commissioners, that you would
like us to investigate the potential for making that connection and
whether or not some educated guess, perhaps by consultation with
County Attorney's Office, to whether an eminent domain action might be
successful?
COMMISSIONER CARTER: Yes.
COMMISSIONER CONSTANTINE: And what steps -- not could it be
done, but what steps are necessary to make it happen. MR. KANT: Thank you.
COMMISSIONER CONSTANTINE: Because it can be done. It might be
an outrageous hurdle, but it can be done. So let's find out -- MR. KANT: Enough money, enough time, we can do anything.
Page 112
December 14, 1999
COMMISSIONER BERRY: I would just like to say, I thank the rest
of you for supporting this issue. I just didn't think that we had a
chance, frankly. But I'm very pleased that the rest of you are
interested in this issue.
COMMISSIONER CARTER: We'll be climbing up a lot of mountains,
Commissioner Berry, why not just go up one more?
CHAIRWOMAN MAC'KIE: And I've got to just say this, too. I guess
I'm going to get the grouchy award for the day, but why do we have to
learn from a member of the public that this is in a PUD out there?
You know, why didn't our staff tell us you have this stick?
MR. KANT: That --
CHAIRWOMAN MAC'KIE: You don't have to answer it, I guess.
MR. KANT: I'll take the hit for that. Although, Commissioner, I
can tell you that I have stood in front of this board, in front of
advisory boards, I've been standing in front of the Planning
Commission for 10 years trying to get that message across. CHAIRWOMAN MAC'KIE: That we have this stick?
MR. KANT: That we have many times in our PUD documents
requirements. Whether or not they're followed through, I can't speak
to that.
CHAIRWOMAN MAC'KIE: I appreciate your frustration with that, Mr.
Kant. And I don't mean to be critical of you. I think what I mean to
be saying is that I support you in your frustration with our inability
to get these stipulations in the PUD's implemented. And here's one --
COMMISSIONER CARTER: Well, Commissioner, but I think this points
one more time why there's -- we have to have a cooperative effort
between our various divisions --
CHAIRWOMAN MAC'KIE: That's right.
COMMISSIONER CARTER: -- to make sure that these things don't
happen. And we're not blaming staff, just saying this is a lesson
learned in why we need to continue to focus on interconnection here
between the departments.
CHAIRWOMAN MAC'KIE: As we get to the discussion about our future
county administration, I hope that anybody who's listening and
thinking about applying is going to have some solutions to those kind
of problems, because they are pervasive.
MR. POINTER: Madam Chairman and commissioners, thank you very
much and particularly for considering the safety of our area. Thank
you.
CHAIRWOMAN MAC'KIE: There's a motion and a second on the floor.
Does it stand, does it need an amendment to add Commissioner
Constantine's suggestion?
COMMISSIONER NORRIS: Well, I'm going to withdraw my motion.
CHAIRWOMAN MAC'KIE: Okay.
COMMISSIONER BERRY: I'll withdraw my second.
COMMISSIONER CONSTANTINE: I'll make a motion we give staff
direction to bring back specifically what steps are necessary to
exercise all those options and get the roadway all the way through.
And secondly, have a crystal clear picture, if for some reason that is
too high of a hurdle, what we can do to make it just a pathway but
Page 113
December 14, 1999
with it in mind -- with it heavily in mind that our preference is to
go the full roadway.
COMMISSIONER CARTER:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
We'll go to Item 9(A), an offer of judgment -- oh, I'm sorry, the
court reporter requests a short break. Will five minutes do? Okay,
five minutes.
(Recess.)
Second it.
I'll second it.
Ail in favor, please say aye.
Item #gA
AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEYAND THE RISK MANAGEMENT
DEPARTMENT TO MAKE AN OFFER OF JUDGEMENT OF $3,000.00 IN SADLER V.
COLLIER COUNTY, CASE NO. 98-4438-CA-HDH - APPROVED
CHAIRWOMAN MAC'KIE: We'll call the meeting back to order, and we
will go to Item 9(A), which is an offer of judgment. Mr. Manalich.
MR. MANALICH: Good afternoon, Madam Chairwoman, commissioners.
For the record, Ramiro Manalich, chief assistant county attorney.
Very briefly, this is a request to have you approve a new amount
on -- Mr. Pettit I think communicated this to you, from what's in the
executive summary. It's $3,957.30 as an offer of Judgment. What that
does is it puts us in a position where we can recover fees and costs,
if they don't recover at least 75 percent of this amount.
CHAIRWOMAN MAC'KIE: It's the right thing to do. Anybody want to
make a motion, or are there speakers?
MR. FERNANDEZ: None.
COMMISSIONER BERRY:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Opposed?
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Item #gB
I move staff recommendation.
Second.
Ail in favor, please say aye.
Aye.
That passes 3-1.
Who opposed?
Commissioner Norris opposed.
Document at~end of minutes
CORRECTING APPROVAL OF AGENDA ITEM 8A1 OF THE 11/23/99 BOARD MEETING
REGARDING TOURIST DEVELOPMENT FUNDING IN THE AMOUNT OF $9,853.01 FOR
THE NAPLES SPORTS FESTIVAL HELD ON AUGUST 8-10, 1999 (COUNTY
ATTORNEY'S REQUEST) - APPROVED
Now, let's talk about the selection process for the new county
administrator and designation of -- what did I do?
Page 114
December 14, 1999
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
add-ons.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
funding.
CHAIRWOMAN MAC'KIE:
apologize.
Two add-ons.
I see I -- Or, you know what?
You came in late on the
I'm so sorry.
You've got 9(B), something to do with TDC
Greg, can you take us through that? I
MR. MIHALIC: Yes, good afternoon, commissioners.
CHAIRWOMAN MAC'KIE: B and C? Thank you.
MR. MIHALIC: This was an add-on by the County Attorney's Office.
It's actually just a name change for the $9,853 of TDC funding for
the North Naples Little League, Incorporated.
CHAIRWOMAN MAC'KIE: It's a technical glitch, right?
MR. MIHALIC: It's a technical glitch. And the name should be
changed to North Naples Softball Little League, Incorporated, with a
related review by the attorney's office of --
COMMISSIONER CONSTANTINE: Move the item.
MR. MIHALIC: -- sufficiency of the change.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
MR. MIHALIC:
Is there a second?
Second.
Speakers?
Thank you, Greg.
Ail in favor, please say aye.
That passes unanimously.
Thank you, commissioners.
Page 115
DEC ! 1999
1999 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND NORTH NAPLES SOFTBALL LITTLE
LEAGUE, INC.
REGARDING NAPLES LITTLE LEAGUE SPORTS FESTIVAL
THIS AGREEMENT, is made and entered into this ?qr/~day of ~ 199L
by and between North Naples Softball Little League, Inc., a Florida corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
County to use Tourist Development Tax funds for a Sports Festival including adult flag football,
adult and youth softball, duathlon and 5K race scheduled for August 8-10, 1999 '(the Event); and
WHEREAS, the COUNTY desires to fund the proposed advertising and promotion
pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND
PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
MUTUALLY AGREED AS FOLLOWS:
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the
GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an
amendment to this Agreement as provided in Section 18.
2. PAYMENT: The amount to be paid under this Agreement shall be Nine Thousand
Eight Hundred Fifty Three Dollars ($9,853.01). The GRANTEE shall be paid in accordance with
fiscal procedures of the County for expenditures incurred for the promotion and advertising
expenses as described in Section 1 upon submittal of an invoice and upon verification that the
services described in the invoice are completed or that goods have been received.
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or
OEC 1 1999
his designee shall determine that the invoice payments are authorized and the goods or services
covered by such invoice have been provided or performed in accordance with such authorization.
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement.
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law.
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount,
may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE.
Adjustment in excess of ten percent (10%) of any line item must be authorized by the County
Administrator or his designee.
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. COUNTY agrees to pay any expenditures incurred between June 1,
1999 and the expiration of this agreement. 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. INSURANCE: 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
DEC 1 1999
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the'County Administrator or his designee within
ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence
promotional and advertising activities which are to be funded pursuant to this Agreement until the
Certificate of Insurance has been received by the COUNTY.
5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identi~, the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all
vendors and subcontractors.
6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRANTEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRANTEE's limit of, or lack of, sufficient insurance protection.
D£C 1 1999
8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Brett Ortengren
North Naples Softball Little League, Inc.
7537 Citrus Hill Lane
Naples, Florida 34109
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. TERIVIINATION: The COUNTY or the GRANTEE may cancel this Agreement
with or without cause by giving 30 days advance written notice of such termination pursuant to
Section 8 and specifying the effective date of termination. If the COUNTY terminates this
Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to
hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners determines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and
accurate accounting records and keep tourism funds in a separate checking account. Ail revenue
DEC 1 1999
related to the Agreement should be recorded, and all expenditures mast 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 Agreement.
GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until
the expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14. TERM: This Agreement shall become effective on December 14, 1999 and shall
remain effective for one year. The GRANTEE shall request an extension of this term in writing
at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by
amendment to this Agreement to extend the term for an additional one year. Any funds not used
by GKANTEE during the term of this Agreement and any extension thereto shall be available for
future applicants.
15. AVAILABILITY OFFUNDS: This Agreement is subject to budget and
collection of tourist development tax funds.
16. EVALUATION OF TOURISM IMPACT: GKANTEE shall monitor and evaluate
the event identifying the success of the event, explaining how the success and quality were
evaluated, report overall attendance including resident/non-resident attendance and how
attendance information was ascertained. GRANTEE shall provide a written report to the County
Administrator or his designee within sixty (60) days of the date of the event or the execution of
this agreement.
17. REQUIRED NOTATION: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
18. AMENDMENTS: This Agreement may only be amended by mutual agreement
of the parties and after recommendation by the Tourist Development Council.
DEC 1 ~ 1999
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:
DWIGHTE. BROCK, Clerk
... '" Attes,t,.as.-to Chat.~nan's
~igaature,"Onl~.
BOARD OF COUNTY COlVI1VHSSIONERS
COLLIER COUNTY, FLORIDA
' P.~ME~A~S-. IV~C' K1E, Chairwoman
WITNESSES:
Printed/Typed Name
GRANTEE
NORTH NAPLES SOFTBALL LITTLE
LEAGUE, INC.
Printed/Typed Name .
By:
Printed/Typed Name
Printed/Typed Title
(corporate seal)
Approved as to form and
Heidi F. Ashton ~)
Assistant County Attorney
h:~'a'ldc~n.napl~s softball little league
DEC 999
Exhibit A
Staff ...... I ' ~ .$.. !,800.00
~'eree~ $ 1,089.00
U .re. pi.res .$ 532.0,0
.Referee.pe_r diem $ 175.00
Truck Rental $ "3~.00
Field Rental $ 600.00
Police $ 504,00
FOod ...... $ 519.00
Advert!sing .... $_, 600.00
~A. oplications $ 431.41
Mailings $ 550. ,0~,
COnes and Clock $ 150.00
.T-shirts $ 1.575.00
Naples Little Leagu.~ $ 750700
Truck and Van gas $ 71.10
and tolls
Web~er-~ Sp0r~i'n~ GOods $ 14B. 50
December 14, 1999
Item #9C
APPROVING ATTORNEY,S FEES FOR TAKING OF PARCELS 713A, 713B, 813A AND
813B IN THE CASE OF COLLIER COUNTY VS. NAPLES ITALIAN AMERICAN CLUB,
INC., ET AL, CASE NO. 98-1672-CA-01 (COUNTY ATTORNEY,S REQUEST) -
APPROVED
CHAIRWOMAN MAC'KIE: And another add-on, was there?
COMMISSIONER NORRIS: Yes, 9(C).
CHAIRWOMAN MAC'KIE: Ms. Ashton?
COMMISSIONER BERRY: It's to approve the Collier County suit.
COMMISSIONER NORRIS: Attorney's fees.
COMMISSIONER BERRY: Naples Italian-American.
MS. ASHTON: Good afternoon, commissioners. For the record,
Heidi Ashton, assistant county attorney.
This is attorneys fees in an eminent domain case. The attorney
was seeking attorneys fees in the amount of $238,000, based on
monetary and non-monetary benefits.
We were -- this was a complex case. We were looking at a variety
of issues concerning Buckley Nursery on Airport Road. Through
negotiations we were able to get the attorney to agree to $67,000,
which represents his hourly time with his hourly rate. CHAIRWOMAN MAC'KIE: Who is this?
MS. ASHTON: And we're recommending that you approve it.
It's Brian Patchin (phonetic). He is like our outside counsel,
and is one of the top eminent domain attorneys in the state.
CHAIRWOMAN MAC'KIE: Okay, is there a motion?
COMMISSIONER NORRIS: Motion to approve.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
COMMISSIONER CONSTANTINE:
COMMISSIONER CONSTANTINE:
in the negative.
CHAIRWOMAN MAC'KIE: Okay.
members, or are we to 10(B)?
Aye.
Passes 4-1.
Commissioner Constantine
Were there any other changes, board
Item #10B
SELECTION PROCESS OF NEW COUNTY ADMINISTRATOR AND DESIGNATION OF
INTERIM COUNTY ADMINISTRATOR DISCUSSED AND TO BE BROUGHT BACK
/ s/oo
COMMISSIONER NORRIS: We're to 10(B).
MR. FERNANDEZ: 10(B).
CHAIRWOMAN MAC'KIE: I put this item on the agenda, because
obviously we need to describe -- set out for ourselves what the
selection process will be for our future county administrator. I
Page 116
December 14, 1999
don't see Jennifer Edwards in the room, but she was going to be here
to tell us how the process works.
Since she's not here, do you want to move on, board members?
COMMISSIONER BERRY:
second part of that.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
that today?
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
No, but I have a question in regard to the
Okay.
Are you still -- why are we going to discuss
Well, the reason --
Because we have an ordinance.
I don't have a strong feeling about this
either way. But I will tell you that I received more than a couple of
requests from staff members to go ahead and designate Mr. McNees as
the acting administrator effective perhaps this Friday, the 17th. Mr.
Fernandez is taking a week of vacation between Christmas and New
Year's. This would be an additional week beginning this Friday. It's
not a crisis from my perspective. I'm communicating to you requests
that I had from other staff members that there was -- there's some
problem, some confusion about who's in charge and there was a request.
COMMISSIONER NORRIS: Well, I -- let me just say that I don't
think I would consider doing that, because in the absence of Mr.
Fernandez, that Mr. McNees would be in that position in the first
place, so I would just --
COMMISSIONER CONSTANTINE: There shouldn't be any confusion at
all.
COMMISSIONER BERRY: No, you've got --
COMMISSIONER CONSTANTINE: We've been crystal clear. Mr.
Fernandez is clearly in charge. And then when he vacates at the end
of the year, then Mr. McNees is.
CHAIRWOMAN MAC'KIE: And that probably this declaration from the
board will be sufficient to clear up whatever confusion there was at a
staff legal. I'm just communicating to you a request that I had.
COMMISSIONER BERRY: I hate to say this, Madam Chair, but, you
know, there is an ordinance in place. And actually Section 3 of that
ordinance speaks to this particular thing. What's the difference if,
God forbid, Mr. Fernandez on his way to work today had met with some
ill fate? It's no different, you know. And so why all this panic?
And this is just outrageous, so I think everybody needs to settle
down here. You know, this is what we've got. Mr. Fernandez has this
seat officially until December 31. At that point in time, then it's
official at that point, Mr. McNees who is the assistant attorney -- or
assistant administrator -- he didn't want to be an attorney -- is in
that chair.
And then I think the decision and the discussion is very
appropriate as to what we want to do from there on. Otherwise, I
believe that the people -- the public is going to start questioning
the credibility of this commission to make any kind of a change now.
COMMISSIONER NORRIS: Like they've never done that before.
COMMISSIONER BERRY: No, but I think they would definitely have
reason to say what -- you know.
Page 117
December 14, 1999
CHAIRWOMAN MAC'KIE: Perfectly happy to drop the second half of
this. Is there -- does the board -- would the board like to discuss
the selection process at this point in time?
COMMISSIONER CONSTANTINE: Yeah, I've got some discussions. I
suppose all you do -- and I don't know what you had Jennifer in mind
for.
CHAIRWOMAN MAC'KIE: I just had Jennifer to come and tell us what
is the normal process. How does this normally work with regard to
internal/external applicants, how should it work. She's our human
resources --
MS. EDWARDS: For the record, Jennifer Edwards, human resources
director. Good afternoon.
Our normal process is to post a vacancy internally or externally.
And if we post internal, only our employees apply for the position.
If we post external, it's both employees and the public. I'm still
out of breath --
CHAIRWOMAN MAC'KIE: She just ran up the stairs.
MS. EDWARDS: -- from running up the stairs, that's right.
My recommendation would be if you're interested in looking at
your internals first, then let's post internally for a week and review
those applications. And then if you decide you want to look
externally, we'll post it externally.
CHAIRWOMAN MAC'KIE: And Commissioner Constantine and then
Commissioner Berry.
COMMISSIONER CONSTANTINE: Obviously we want to do the very best
for our community, but I would hope we would look internally first.
Pretty much what you just described. Just have some time period for
internal candidates first and look to promote from within.
In our recent exercises of the past few months where we
determined what our expectations of the county administrator were, and
Commissioner Carter put all that together, and then I know in your
memo you referenced that, that should fairly clearly describe what it
is we're looking for in the skills.
I think there are some intangibles that go beyond that. Not the
least of which are experience, local knowledge, some sense of
institutional memory and history here, and familiarity with our own
community. Obviously all those are tremendous advantages for
somebody. And I would hope we would look in-house first.
I was going to suggest something very similar to what you
described, and that is that we accept in-house applications between
now and maybe the 1st of January or the end of the year -- with the
holidays coming up, it will slow us a little bit -- and each of us
obviously have an opportunity to review those applications and we know
anybody who's in-house working for us, and talk to them prior to our
first meeting of the year.
And then have an open discussion on the first meeting of 2000,
and either we'll have a clear direction, and if we have nirvana and
everybody's in agreement, great, we can move ahead from there. If
we're not satisfied that we're comfortable with a particular candidate
or with that pool of candidates on that day, we could say let's open
Page 118
December 14, 1999
it up externally and 9o on a nationwide search, as you had described
previously, or we may end up just discussin9 it and decidin9 that day,
well, let's pause and di~est this for another week or two.
But I think it's in our best interest to look at our own people
first and look at promotin~ from within. We've ~ot a lot of talented
people, several sittin~ in this room right now, and I'd like to look
at them and ~ive them a fair shot at it. And I think we may just find
that we can have a smooth and timely transition right after the first
of the year.
CHAIRWOMAN MAC'KIE: Commissioner Berry?
COMMISSIONER BERRY: I'm not opposed to in-house candidates by
any shape of the imagination. However, I think that the board needs
to establish a profile of the kind of individual that you're lookin~
for. You don't establish the profile after you have a list of
candidates in front of you.
CHAIRWOMAN MAC'KIE: I thought that's what we did with
Commissioner Carter's exercise.
COMMISSIONER CONSTANTINE: That's what I --
COMMISSIONER BERRY: Well, but a~ain, I don't think you've still
~otten there. I don't think we're lookin~ at the issues that are
~oin9 to be facin~ this board and then lookin~ at a profile of a
candidate to think in terms of -- in other words, we haven't sat down
and said what are the issues that are ~oin~ to be facin9 the Board of
County Commissioners in the next two years and tried to brainstorm on
those ideas in sayin~ what do we need. Then you can start
establishin~ what kind of person do you think is ~oin~ to lead you
through these kinds of activities.
We all haven't sat collectively and said this. And I'm not --
I'm not goin~ to be a part of sittin~ here and tailorin~ an
expectation because we have candidates. And I don't care whether
they're in-house or out of house, I'm not 9oin~ to sit here and tailor
a profile to fit that kind of thin~. We need to establish the profile
first before we ever have the pool of candidates. And then when you
sit and look at it and you say well, here's the profile that five
people have said that they're lookin~ for.
COMMISSIONER CARTER: Well, that's why, Commissioner Berry, I had
suggested by memorandum that we needed an outside resource -- I said
search firm or a neutral party -- to take us through this process, to
establish that criteria. And I'd like to look at both in-house and
out of house candidates a~ainst that. But I don't want to be lookin~
at anythin~ until I know what the criteria is. COMMISSIONER BERRY: Definitely.
COMMISSIONER CARTER: And I think the management abilities ~ive
us an indication of what we're doin~ here. But I really believe that
we owe it to the community and to ourselves to do a bi~er --
COMMISSIONER BERRY: And where does the community come in here?
COMMISSIONER CARTER: -- bigger picture.
COMMISSIONER BERRY: And if you recall, the last time we did have
a community ~roup who also helped guide the process. I mean, I assume
Page 119
December 14, 1999
-- there's not been any mention of this, so I assume you're indicating
you're going to throw that out, that element of it.
COMMISSIONER CARTER: I mean, I don't know.
COMMISSIONER BERRY: Okay.
COMMISSIONER CONSTANTINE: Let me ask a question, though. I
disagree with you on one point. I don't want some outsider
determining what those categories are.
COMMISSIONER CARTER: No, no, no. But they should be
facilitating us through the process to -- once we establish what we
want, they do the initial screening, whether it's an in-house or out
of house candidate, so that you get a group that comes to you and
you've got this saying okay, this fits the criteria, this is what
we're looking for, regardless of where the candidate came from.
COMMISSIONER CONSTANTINE: If we choose to go on a nationwide
search, I don't disagree. I think that is overkill and unnecessary if
we have half a dozen or fewer candidates applying that already work
for us. Assuming we have done the exercise that Commissioner Berry's
laid out.
I think that's a great idea, and I wonder if it's not possible to
do that simultaneously, that we set a deadline for ourselves, let's
say Christmas, that each of us have laid out very specifically
probably utilizing the exercise we already did with Commissioner
Carter, using that information, but then plug that in ourselves. Each
of the five lay out a profile, and so that by Christmas we've
distributed that to each of us, and that we don't even necessarily
need to see or be reviewing those in-house applications till after the
first of the year. So that our profiles, as they are written, are
clearly written for what we expect in a generic sense.
CHAIRWOMAN MAC'KIE: If we're going to do that, I absolutely want
to do that before we accept any applications, in or out.
COMMISSIONER CONSTANTINE: And then perhaps December 26th, or
whatever date after we have done that, then we open for in-house
candidates between then and our first meeting of the year, and we look
-- again, we look and if we're not completely satisfied that we have
someone there who meets the criteria each of the five of us have laid
out, and go on a nationwide search. But I would like our first stop
to be in-house.
CHAIRWOMAN MAC'KIE: Commissioner Norris?
COMMISSIONER NORRIS: Well, first of all, I've got to disagree
with you. We have sat down and talked about what we're going to go do
over the next few years. We've had an annual strategic planning
session, got one scheduled for next month.
So we have sat down and done that. We do know where we hope to
go over the next several years. And so I've got to disagree with that
point.
But I don't see the point of trying to sit down and develop
another new profile when we just went through that exercise as well
with Commissioner Carter's list, which was extremely thorough, of
items on there. What was there, 50?
CHAIRWOMAN MAC'KIE: And we ranked the top 30.
Page 120
December 14, 1999
COMMISSIONER CARTER: There were 50 and we ended up with the top
20 abilities that we said were important for anyone that was our
county manager.
COMMISSIONER NORRIS: If that's not enough, I don't know where
we're going to go from there.
CHAIRWOMAN MAC'KIE: Where would we go, Commissioner? I mean,
what's next?
COMMISSIONER NORRIS: So I think we have -- we have the -- if you
want to refine that a little bit, I don't have any objection to that.
But I think that the raw information is there. If you want to
re-collate it to come up with sort of an amalgamation of some of those
qualities into four or five statements, that's fine. I just don't see
the point in going through a whole new exercise --
CHAIRWOMAN MAC'KIE: I wonder --
COMMISSIONER CONSTANTINE: May I just try --
CHAIRWOMAN MAC'KIE: No, let me just ask Jennifer if based on the
information, you know what we went through already with Commissioner
Carter's rankings and developing those top characteristics.
Do we have information that is sufficient to create a job
description? I mean --
MS. EDWARDS: I have not seen that information --
CHAIRWOMAN MAC'KIE: You haven't?
MS. EDWARDS: -- that Commissioner Carter has prepared. But I
believe that we could use that information to develop the job
description. We also have the information that we utilized two and a
half years ago when we went through the search. We can use that, as
well as pulling information from professional journals and so forth.
COMMISSIONER CARTER: We can provide you with the list of the
management abilities as they were rank ordered and the definitions,
which I think might help to guide you in the process.
CHAIRWOMAN MAC'KIE: Would that get us there, Commissioner Berry?
COMMISSIONER BERRY: Well, but is an evaluation -- Jim, is an
evaluation tool the same thing as establishing a profile? I don't
think so. It may be -- there may be some elements within that.
COMMISSIONER CARTER: There's some linkages, but I think the
bigger issue is the question of we are policy makers -- COMMISSIONER BERRY: That's right.
COMMISSIONER CARTER: -- of the board. We have to define what we
want to do with that in terms of setting policy. And your county
manager is your manager. And we cross those lines. And I think we
have to clearly define in here with the business plan, with the
abilities what we're going to be looking for in a profile in which we
then have an extrapolation of all of this into a couple of paragraphs
or a laundry list to do that.
COMMISSIONER CONSTANTINE: Let me try one more time, because I
really think what we're saying is more similar than maybe we're giving
ourselves credit for. I think what Commissioner Norris said is very
similar to what I said, and I think they're both along the lines of
what you're requesting, Commissioner Berry, in that what I had said is
take the exercise we did and then hone that down.
Page 121
December 14, 1999
It's one thing to have a laundry list with 20 items that we say
okay, these are the items. But then each of us -- what I meant by
each of us five writing something is from that list of 20, writing a
list of how do you practically in current 1999-2000 Collier County,
apply those. What are the expectations of how those will be applied.
Because you're right, there's a difference between a performance
evaluation and what we expect you to do with each of those. And so I
was using Jim's exercise as the base for how we describe that. And I
think we could probably achieve that in the next week and a half
before Christmas, because we've already got the base formula in there.
COMMISSIONER CARTER: You've got the base formula, you've got the
business plan, and we need to define for ourselves, each one of us,
what is the role of policy, what is this role of management? And we
can collectively put that together, then you can have a profile of
which you begin to evaluate whoever the candidates are.
CHAIRWOMAN MAC'KIE: And then perhaps we would do this stealing
of this information, get it to Jennifer, who would then try to pull it
all together and make a recommendation to us of a job description or
of a profile of the candidate.
COMMISSIONER CONSTANTINE: And at some point after we have
completed -- I think Commissioner Berry made this point very well. At
some point after the five of us have completed that task, then open it
up to in-house folks.
But I think you're right, to do that beforehand is premature,
because then you run the risk, if not in reality, at the very least in
perception of oh, are you tailoring this for someone.
CHAIRWOMAN MAC'KIE: Well, and there's no need -- in my judgment,
I don't think there's a big rush to have this done by Christmas. It
seems to me we maybe would have this done by the end of the year, get
it to Jennifer by our first meeting in January, she'd make a
recommendation to us on what the profile would be. In the meantime,
we've all talked about it, we're completely okay the way we are. Mr.
Fernandez till the end of the year, Mr. McNees thereafter. Let's --
we don't have to do this in five days.
COMMISSIONER BERRY: I don't think we have a pit bull nipping at
our heels.
CHAIRWOMAN MAC'KIE: No. I just --
COMMISSIONER CONSTANTINE: Or Jack Frost nipping at our nose.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
consensus of the board?
on the --
Don't go there.
Or Frosty.
Here we go again.
Okay. How does that -- how is that for
Each of us by the end of the year will, based
COMMISSIONER CONSTANTINE: And that's fine. I had said
Christmas, only because I know some of you were traveling during the
week after Christmas.
CHAIRWOMAN MAC'KIE: Yeah, whatever. But just, you know, we'll
do it by the end and we'll get it to Jennifer so that by the first
meeting in January, she will bring back to us some distillation of all
Page 122
December 14, 1999
of our summaries. And at that point we'll decide if we are prepared
to accept in-house applications or if we are --
COMMISSIONER NORRIS: Ex --
CHAIRWOMAN MAC'KIE: -- want to do external applications, but not
until we have the profile. Okay.
MS. EDWARDS: I'll bring back the profile, as well as minimum
qualifications that we would recommend.
CHAIRWOMAN MAC'KIE: And you'll do that based on all of our
memos, which will be -- our memos will be backup to the agenda item so
each of us could see each other's memoranda. Okay? But we'll deliver
them to you, Jennifer, and you'll get them put in the agenda packet.
MS. EDWARDS: And you'll deliver them to me by the end of --
CHAIRWOMAN MAC'KIE: By the end of the year.
COMMISSIONER CONSTANTINE: By the end of the century.
CHAIRWOMAN MAC'KIE: By the end of the century.
COMMISSIONER NORRIS: Why wait that long?
CHAIRWOMAN MAC'KIE: Except for the way John's measuring it. Then
it will be one year before that.
Okay, sufficient discussion on that? Everybody ready?
COMMISSIONER CARTER: Okay.
COMMISSIONER NORRIS: Oh, the meeting that's going to happen at
this time next year.
CHAIRWOMAN MAC'KIE: I assume he means on the whole millennium
thing.
Item #10C
RESOLUTION 99-477 APPOINTING WILLIAM P. DILLON AND TONY SANCHEZ, JR.
AS EX-OFFICIO MEMBERS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT
AGENCY - ADOPTED
10(C), Immokalee Enterprise Zone Development appointment.
COMMISSIONER NORRIS: One and one. Motion to approve.
COMMISSIONER BERRY: There's two.
COMMISSIONER NORRIS: There's two. No, he's not --
CHAIRWOMAN MAC'KIE: Commissioner Berry, do you have a
recommendation, since that's your district?
COMMISSIONER BERRY: There is a real interest, because of the
activity out in the Immokalee area, that perhaps the individual who
has submitted after the deadline because this person is now involved
in the new casino -- or in the casino out there, that they should
somehow be very much involved in this particular group. And there was
a great deal of interest --
COMMISSIONER CONSTANTINE: He's from Hollywood, Florida, though?
COMMISSIONER BERRY: Well, Yeah, but he's managing the casino out
there. And there's a great interest that he ought to be involved in
this particular committee.
MS. FILSON: There are other members on this board.
COMMISSIONER BERRY: They had one of two requests of me that we
either open this back up again or maybe an additional appointment.
Page 123
December 14, 1999
COMMISSIONER CONSTANTINE: Two comments. One, we've been pretty
consistent about if we have an applicant, a qualified applicant, and
somebody else either misses a deadline or for whatever reason doesn't
meet the rules, that we don't reopen it for their convenience.
But two, I think our ordinance actually prohibits somebody who's
not a --
MS. FILSON: But this particular board is a little different. And
there are other members on here. Like I have one from Felda, one from
Fort Myers.
MR. SPAGNA: I'd be perfectly happy to --
MS. FILSON: Pursuant to statute.
CHAIRWOMAN MAC'KIE: -- appoint both of the -- both the applicant
and the party that you reference, unless there's some legal impediment
to that. Is there, Mr. Weigel?
MR. WEIGEL: I don't recall there was. I mean, I don't recall
that there is. But our ordinance generally, yes, looks to persons
that are residents in the county. I'll check that very quickly.
COMMISSIONER CONSTANTINE: Is there something that prohibits him
from participating, even if he's not sitting formally as a member?
COMMISSIONER NORRIS: Ex officio?
COMMISSIONER BERRY: I don't know. I've not been aware --
COMMISSIONER CONSTANTINE: I mean, these meetings are open to the
public.
COMMISSIONER BERRY: I'm sure they are.
MR. WEIGEL: Absolutely.
COMMISSIONER BERRY: I just -- I can't answer that, Commissioner.
I can just tell you that this was brought to my attention and there
was a concern raised about it.
COMMISSIONER NORRIS: Let me do it this way: My motion is to
appoint William B. Dillon to the vacant seat and to appoint Tony
Sanchez, Jr. as an ex officio member until such time as the issue of
whether he can be a full member is resolved.
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: Discussion?
All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: That passes unanimously.
Page 124
RESOLUTION NO. 99-477
A RESOLUTION APPOINTING MEMBERS TO THE
IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY
WHEREAS, the Board of County Commissioners of Collier County, Florida adopted
Ordinance No. 95-22 establishing the Immokalee Enterprise Zone Development Agency pursuant
to Section 290.001, et seq., Florida Statutes; and
WHEREAS, Ordinance No. 95-22 provides that the Immokalee Enterprise Zone
Development Agency shall consist of not fewer than eight (8) or more than thirteen (13)
members; and
WHEREAS, there is currently a vacancy on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice soliciting
applications from interested parties; and
WHEREAS, the Immokalee Enterprise Zone Development Agency has provided the Board of
County Commissioners with its recommendation for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. William P. Dillon, as Attorney, is hereby appointed to the Immokalee Enterprise Zone
Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4,
2001.
2. Tony Sanchez, Jr., is hereby appointed as an ex-officio, non-voting member to the
Immokalee Enterprise Zone Development Agency until a vacancy occurs on this board.
This Resolution adopted at, er motion, second and majority vote.
DATED: December 14, 1999
ATTEST: ~;
?DWIGH~PE. BROCK, Clerk
Approved as to fo~ and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, Chairwoman
County Attorney
DCW/kn
December 14, 1999
Item #10D
RESOLUTION 99-478 APPOINTING VICKI A. CLAVELO A MEMBER TO THE GOLDEN
GATE COHMUNITY CENTER ADVISORY COMMITTEE - ADOPTED
Let's talk about the Golden Gate Community Center.
COMMISSIONER CONSTANTINE: Motion to approve Vickie Clavelo, one
and one.
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Second it.
Ail in favor, please say aye.
That passes unanimously.
Page 125
RESOLUTION NO. 99-478
A RESOLUTION REAPPOINTING VICKI A. CLAVELO TO Tl~E
GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE.
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
reappointed to the Golden Gate Community Center Advisory Committee for a 2 year term, said
term to expire on December 31,2001.
This Resolution adopted after motion, second and majority vote.
DATED: December 14, 1999
ATTEST:
· .." DWIGHT E..BROCK, Clerk
Attes(, aS to Chafnmma '$
Approved as to form and
legal sufficiency:
County Attorney
DCW/kn
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAgdELA S. MAC'KIE, (~haiv(voman
December 14, 1999
Item #10E
RESOLUTION 99-479 REAPPOINTING FAY BILES AND APPOINTING JANE ANDEL
AND KATHRYN GODFREY AS MEMBERS TO THE EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL AND STAFF TO READVERTISE FOR DISTRICT 2 - ADOPTED
EMS Advisory Council.
COMMISSIONER NORRIS: Motion to approve the recommendation.
CHAIRWOMAN MAC'KIE: Is there a second?
COMMISSIONER BERRY: Second.
COMMISSIONER CARTER: I would second that, but can I amend that
motion also to readvertise for District 2? I believe that was the
request here.
MS. FILSON: Yeah, that I already have advertised.
CHAIRWOMAN MAC'KIE: That's one of the recommendations.
So that's a motion, and is yours a second, Commissioner Carter?
COMMISSIONER CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
Page 126
RESOLUTION NO. 99-479
A RESOLUTION APPOINTING, REAPPOINTING AND
CONFIRMING THE APPOINTMENT OF MEMBERS TO
THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL.
WHEREAS, Collier County Ordinance No. 80-80 created the Emergency Medical Services
Advisory Council and provides that the Advisory Council shall be composed of eleven (11)
regular members, three (3) ex-officio members and two (2) staff members; and
WHEREAS, the Board adopted Resolution No. 90-527 on October 30, 1990 which revised
and updated the Emergency Medical Services Advisory Council's by-laws by providing that the
Advisory Council include two members At Large; and
WHEREAS, there are currently vacancies on this Council; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, suggestions for appointments were received from the Emergency Medical
Services Advisory Council.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Fay R. Biles is hereby reappointed to the Emergency Medical Services Advisory Council
for a 3 year term, said term expiring August 31, 2002.
2. Jane Andel is hereby appointed to the Emergency Medical Services Advisory Council to
fulfill the remainder of the vacant term, said term expiring August 3 I, 2000.
3. Kathryn M. Godfrey is hereby appointed to the Emergency Medical Services Advisory
Council for a 3 year term, said term expiring August 31, 2000.
4. The following members are hereby confirmed for appointment to the Emergency Medical
Services Advisory Council:
Member
Sheldon Reed
Regina Hoffman
Gary Young
Gail Dolan
Nominated by
City of Naples
Collier County Health Dept.
Collier County Sheriff's Dept,
Naples Community Hospital
Term of Office
August 31, 2002
August 31, 2002
August 31, 2002
August 31, 2002
This Resoiution adopted after motion, second and majority vote.
DATED: December 14, 1999
,,,"ATTE ST :?'?,./~g;;~..' ~
::.' DWIG~?''~iff~''''g~OCK, Clerk
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~~
PAhSIELA S. MAC KIE, Chair~om~
David C. Weigel
County Attorney
ADV BD/kn
December 14, 1999
Item #10F
RESOLUTION 99-480 APPOINTING GERRY MOORE A MEMBER TO THE BLACK AFFAIRS
ADVISORY COMMITTEE - ADOPTED
Black Affairs Advisory Committee.
COMMISSIONER CONSTANTINE: Motion to approve Gerry Moore.
and one.
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
Second, anyone?
Second it.
Ail in favor, please say aye.
Passes unanimously.
One
Page 127
RESOLUTION NO. 99-480
DEC ! 1999
RESOLUTION APPOINTING GERRY MOORE
TO THE BLACK AFFAIRS ADVISORY BOARD.
WHEREAS, Collier County adopted Ordinance No. 91-38 creating the Black Affairs
Advisory Board, which provides that the Advisory Board shall consist of seven (7) members; and
WHEREAS, Collier County Ordinance No. 91-77 amended Ordinance No. 91-38 by
providing that the Advisory Board shall consist of nine (9) members; and
WHEREAS, there is currently a vacancy on this Board; 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 Gerry Moore is hereby appointed
to the Black Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire
on June 25, 2003.
This Resolution adopted after motion, second and majority vote.
DATED: December 14, 1999
,,,'"..., DWI~ E. BROCK, Clerk
,? , · '., "... ' '~[, , '
Approved as to fo~
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
County Attorney
DCW/kn
December 14, 1999
Item #10H
RESOLUTION 99-481 APPOINTING/REAPPOINTING MICHAEL B. HART, CHARLES R.
REYNOLDS AND JOHN L. PENNELL AS MEMBERS TO THE OCHOPEE FIRE CONTROL
DISTRICT ADVISORY COMMITTEE - ADOPTED
Appointment of members to the Ochopee Fire Control District
Advisory Committee.
COMMISSIONER CONSTANTINE: Motion to approve committee
recommendation.
okay.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
Second.
Notion and a second.
That's all right, it's my district.
CHAIRWOMAN MAC'KIE: Ail in favor, please say aye.
(Unanimous vote of ayes.)
CHAIRWOMAN MAC'KIE: Passes unanimously.
It's
Page 128
RESOLUTION NO. 99-481
A RESOLUTION APPOINTING, REAPPOINTING,
AND CONFIRMING THE APPOINTMENT OF MEMBERS
TO THE OCHOPEE FIRE CONTROL ADVISORY BOARD.
WHEREAS, Collier County Ordinance No. 75-6 created the Ochopee Fire District and
provides for the establishment o£an advisory board; and
WHEREAS, Collier County Ordinance No. 89-98 confirmed the creation of the Ochopee Fire
District Advisory Board and provides that the advisory broad shall be composed of five (5)
members and such membership shall consist of one (1) member from each of the designated areas;
and
WHEREAS, there are currently vacancies on this board; and
WHEREAS, the Board of County Commissioners previously provided public notice soliciting
applications from interested parties; and
WHEREAS, the Ochopee Fire Control District Advisory Board has provided its
recommendations for appointment; and
WHEREAS, the City of Everglades has reappointed Charles R. Reynolds to this Board and is
seeking confirmation of this appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Michael B. Hart meets the prerequisites for appointment and is hereby reappointed to the
Ochopee Fire Control Advisory Board for a 2 year term, said term to expire on December 31,
2001.
2. John L. Pennell meets the prerequisites for appointment and is hereby appointed to the
Ochopee Fire Control Advisory Board for a 2 year term, said term to expire on December 31,
2001.
3. Charles R. Reynolds meets the prerequisites for appointment and is hereby confirmed for
reappointment to the Ochopee Fire Control Advisory Board for a 2 year term, said term to expire
on December 31,2001.
BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County
hereby waives the provisions of Section Seven (b)(1) of Ordinance No. 86-41, as amended,
relating to a limitation of two consecutive terms of office, for the purpose of reappointment of
Michael Hart and Charles Reynolds to this Board.
This Resolution adopted aider motion, second and unanimous vote.
,,,, ,.,::D~TED: December 14, 1999
.: --: · DWIGHT E. BROCK, Clerk
Attast ~to Chah-m~a'$ '
slgaature
Approved as to form and
legal sufficiency: .
I~a~d C. Wei~e~ -
County Attorney
DEC1 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC K1E, C~hair~oman
DCW/kn
December 14, 1999
Item #10I
RESOLUTION 99-482 APPOINTING THOMAS MASTERS, BRIAN E. JONES, DINO J.
LONGO, MARCO A. ESPINAR, WILLIAM P. DILLON AND BLAIR A. FOLEY AS
MEMBERS TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE - ADOPTED
six.
Development Services Advisory Committee.
COMMISSIONER CONSTANTINE: Six and six. Motion to approve those
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
We've done J.
Is there a second?
Second it.
Ail in favor, please say aye.
Passes unanimously.
Page 129
RESOLUTION NO. 99-482
A RESOLUTION APPOINTING AND
REAPPOINTING MEMBERS TO THE COLLIER
COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE
DEC1 q lggg
WHEREAS, Ordinance No. 93-76, as amended, creating the Collier County Development
Services Advisory Committee, provides that the Committee shall consist of fifteen (15) members
that are residents of Collier County and include representatives fi.om such groups as architects,
general contractors, residential or builder contractors, environmentalists, land planners, land
developers, landscape architects, professional engineers, utility contractors, plumbing contractors,
electrical contractors, structural engineers, and attorneys; and
WHEREAS, there are currently six (6) vacancies on this Committee; and
WHEREAS, the Board of County Commissioners previously provided public notice
soliciting applications from interested parties; and
WHEREAS, the Development Services Advisory Committee has provided the Board of
County Commissioners with their recommendations for appointment.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. Thomas Masters, representing the category of Professional Engineer, is hereby
reappointed to the Collier County Development Services Advisory Committee for a 4 year term,
said term expiring on December 14, 2003.
2. Dino J. Longo, representing the category of General Contractor, is hereby reappointed to
the Collier County Development Services Advisory Committee for a 4 year term, said term
expiring on December 14, 2003.
3. Brian E. Jones, representing the category of General Contractor, is hereby appointed to
the Collier County Development Services Advisory Committee for a 4 year term, said term
expiring on December 14, 2003.
4. Marco A. Espinar, representing the category of Environmental Planner, is hereby
appointed to the Collier County Development Services Advisory Committee for a 4 year term,
said term expiring on December 14, 2003.
5. William P. Dillon, representing the category of Attorney, is hereby appointed to the
Collier County Development Services Advisory Committee for a 4 year term, said term expiring
on December 14, 2003.
6. Blair A. Foley, representing the category of Engineer, is hereby appointed to the Collier
County Development Services Advisory Committee for a 4 year term, said term expiring on
December 14, 2003.
DEC1 ~ 1999
This Resolution adopted after motion, second and majority vote.
DATED: December 14, 1999
,i,,a~,~s~i~,. ~'
~GH.T"E,~' BROCK, Clerk
Approved as to fora ~nd
lcg~ sufficiency:
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
County Attorney
DCW/kn
December 14, 1999
Item #11B1
MR. McCLEAN REGARDING PIT BULLS
Okay, public comment on general topics. Have we any speakers?
MR. FERNANDEZ: Yes, you have one. Gerald E. McLean.
MR. McLEAN: Good afternoon, commissioners. I'm Gerald McLean. I
live on Green Boulevard. And I was attacked by a pit bull.
CHAIRWOMAN MAC'KIE: Oh, my.
MR. McLEAN: And I think that our laws in this county are totally
antiquated. When people cannot walk, ride, run down these streets,
it's a total disgrace.
I got an ordinance from a small town in Kentucky that's a farm
community that requires these pit bulls and Rottweilers, when they're
out, to be on a leash with a muzzle on and be into a contained area at
their house and going from that contained area to the house still in
the muzzle.
The Leash Law in this county means nothing. The tying up means
nothing. The Animal Control comes. I know three or four places on my
street that they come, they tie the dog up, the guy gets down at the
end of the street and he's loose again. There's got to be penalties
for these people that are running these dogs loose.
I've got a school teacher who lives on Painted Leaf. She likes
to run every morning, but she can't because there's five German
Shepherds down at the end of the street that take out after her. That
ain't right. They've got to do something about these animals.
You know, any dog will bite you. I've got three broken ribs
here, broken glasses, six stitches in my hand, bruises all over my
body, a broken up bicycle. It shouldn't have to happen. If that
would have happened to -- a man would have came out there and did that
to me, they'd have put him in jail. They didn't do nothing to the
dog. That ain't right.
COMMISSIONER CONSTANTINE: Is there any objection to asking our
staff to review the -- our animal control ordinance and bring it back
to --
MR. McLEAN: I've got an ordinance here, if you'd like to have
it.
COMMISSIONER BERRY: I spoke with Mr. McLean yesterday, I believe
it was, and encouraged him to come down and speak to the Board of
County Commissioners. He said he had this ordinance. I thought
perhaps it might be just something that we could take a look at and
see if anything is applicable. If we could in any way incorporate
some of the things. I haven't seen it, I don't know what's in it, but
perhaps we might be able to look at and have our staff take a look at
it.
COMMISSIONER CARTER: I think, Commissioner Berry, this is right.
This is becoming more and more of an issue all over the county and
our districts. Periodically we get people calling that are having
problems with dogs. It just again reflects --
Page 130
December 14, 1999
MR. McLEAN: It's too big a community now.
COMMISSIONER CARTER: It reflects too much of people not being
responsible in this community. And this is just another one of those
items. I think we've got to take a hard look at it and penalize those
who are not doing the right thing and make sure that the people who do
the right thing are protected.
MR. McLEAN: I mean, the federal government is educating us
people to get out there and exercise, especially us senior citizens.
We can't do it, and we need to do it.
COMMISSIONER CARTER: Thanks to pit bulls.
CHAIRWOMAN MAC'KIE: Mr. Fernandez?
MR. FERNANDEZ: Madam Chairwoman, it strikes me that you're
talking about a pretty fundamental change in the philosophy behind the
ordinance. Most county ordinances -- and I believe this is no
exception -- are based upon compliance. What you're looking for is
compliance rather than punishment, rather than penalty.
We're talking now about a completely different philosophy. And I
think that's -- that's something you need to consider as you go into
this.
Of course, no ordinance is -- or the ordinance is only as good as
your enforcement capability. Our Animal Control Ordinance is based
upon complaint response, just like code enforcement is. And I'm sure
Mr. Olliff will add something to that. But really, you're talking
about a fundamental change in the philosophy behind the ordinance.
COMMISSIONER CONSTANTINE: And that may very well be necessary.
And when you mentioned code enforcement, that too I know has
traditionally been compliance related. But unfortunately, the penalty
is the only way to get a certain segment, and that may only be five
percent or 10 percent of the violators, but that's the only way to get
them to comply. And there are certainly instances where we're not
doing that to -- either our ordinance doesn't allow it or we're not
aggressively enough pursuing it.
So I agree, there are certainly instances where just asking
somebody to comply, they will. But there are a number of times where
it's not, and no pun intended, without some teeth in the ordinance,
it's not going to happen.
CHAIRWOMAN MAC'KIE: I appreciate you bringing this to our
attention.
Mr. Olliff, unless you have something you need to add, would you
take direction from the board to look into this and get back to us
with some recommendations?
MR. OLLIFF: Given the hour, I'll take that direction.
CHAIRWOMAN MAC'KIE: Thank you.
Thank you, sir, for bringing it forward.
Any other registered speakers under public comments?
MR. FERNANDEZ: None.
Item #12B2
Page 131
December 14, 1999
ORDINANCE 99-97 RE PETITION PUD-98-13, R. BRUCE ANDERSON OF YOUNG, VAN
ASSENDERP, VARNADOE & ANDERSON, P.A., REPRESENTING COLLIER DEVELOPMENT
CORPORATION, REQUESTING A REZONE FOR LANDS ZONED "A" RURAL AGRICULTURE
AND "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" FOR A NEW PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD,
FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A
CLUB HOUSE, 50,000 SQ.FT. OF C-3 COMMERCIAL USES AND/OR A HOTEL ON
PROPERTY LOCATED BETWEEN U.S. 41 AND VANDERBILT DRIVE - ADOPTED
CHAIRWOMAN MAC'KIE: Okay. 12(B) (2) then, the Tract 21.
Will all persons wishing to be heard on this item, which is Tract
21, please stand, raise your right hand and be sworn by the court
reporter.
(Speakers were duly sworn.)
CHAIRWOMAN MAC'KIE: I've had a meeting -- no, I've had some
conversations on this item, but no meeting.
COMMISSIONER NORRIS: I've had numerous input from all parts of
the community on this one.
COMMISSIONER BERRY: I've had contact with the petitioner --
owner's representative.
COMMISSIONER CONSTANTINE: I think I've had some limited contact
on this.
COMMISSIONER CARTER: I've had contact.
CHAIRWOMAN MAC'KIE: With the petitioner?
COMMISSIONER CARTER: Yes.
CHAIRWOMAN MAC'KIE: Thank you.
Is this a matter that the board wants to have -- as I understand
it, this would have otherwise been on the summary agenda -- MR. NINO: Summary agenda, yes.
CHAIRWOMAN MAC'KIE: -- but for the discussion that we had
previously on the irrigation matter.
Is this something that the board wants to --
COMMISSIONER CONSTANTINE: 30-second summary, maybe?
CHAIRWOMAN MAC'KIE: Works for me.
MR. NINO: Ron Nino for the record.
Currently you have a PUD that allows 800 dwelling units. You
have a developer wishing to repeal that PUD and readopt a PUD that
provides for a golf course community and 50,000 square feet of
commercial space --
COMMISSIONER CONSTANTINE: How many homes did the old one call
for?
MR. NINO: 800.
COMMISSIONER CONSTANTINE: How many homes does this one call for?
MR. NINO: Zero.
COMMISSIONER CONSTANTINE: Thank you.
MR. NINO: Staff recommends approval. The Planning Commission
recommended unanimous approval. So did the prior EAC.
CHAIRWOMAN MAC'KIE: So this did not go in front of the current
Environmental Advisory Council? Why did you say prior?
Page 132
December 14, 1999
MR. NINO: Because this petition has been continued for about
eight months.
CHAIRWOMAN MAC'KIE: I see. But it went in -- okay, we never
received recommendation for approval.
COMMISSIONER NORRIS: This is within the urban area; is that
correct?
MR. NINO: Definitely.
COMMISSIONER NORRIS:
41 and the beach. MR. NINO: Yes.
COMMISSIONER NORRIS: And you're saying that --
MR. NINO: Totally consistent with the Growth Management Plan.
COMMISSIONER NORRIS: It's how many acres? 267 acres?
MR. NINO: 265 acres.
COMMISSIONER NORRIS: That will not have any homes on it.
MR. NINO: Right.
CHAIRWOMAN MAC'KIE: Are there questions for staff?
Registered speakers?
MR. FERNANDEZ: None.
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
COMMISSIONER BERRY:
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
So it's actually west of U.S. 41, between
Questions for the petitioner?
None.
I'll close the public hearing.
Move for approval.
Is there a motion?
I move we accept staff's recommendations.
I already did.
Will you make yours a second?
Second.
That passes unanimously.
This establishes major green space in the
COMMISSIONER CONSTANTINE: Taking into consideration they're
going from 800 homes to zero homes, I'll support the motion.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
north district.
Item #12C1
ORDINANCE REVISING THE ROAD IMPACT FEE RATE SCHEDULE - ORDINANCE TO BE
CONTINUED TO JAN. 11, 2000, RECOGNIZING THAT IMPACT FEES ARE TO BE
INCREASED EFFECTIVE MARCH 1, 2000; AND THIS ISSUE TO BE SENT TO THE
DEVELOPMENT SERVICES ADVISORY BOARD -
CHAIRWOMAN MAC'KIE: Impact fees now. 12(C) (1).
MR. KANT: Good afternoon, commissioners.
This is a public hearing to hear and consider a revision to the
road impact fee rate table. I'd like to make a couple of prefatory
remarks, very briefly. I would then like to introduce our consultant,
Tindale-Oliver.
Page 133
December 14, 1999
You saw a preview of some of the things they're going to be
telling you about a month and a half ago when we set this meeting
date. And then I understand there may be a few remarks from some
folks here in the audience.
I do need to preface my remarks by pointing out that in the
executive summary in front of you there is a staff recommendation, and
that staff recommendation is for what was referred to as Table C. That
staff recommendation was made on the basis of discussions with the
consultant and looking at what we thought was going to be in our best
interest.
We've since had a number of discussions with some interested
parties outside of staff, and one thing was pointed out to us was that
table assumed the sunsetting of the five cent gas tax in 2003. It's
been pointed out that if we do that, we may be much closer to having a
challenge to the impact fee ordinance, because -- or rather to the
rate table, because in fact there is no indication that it's going to
sunset. It could very well be continued beyond that point.
COMMISSIONER CONSTANTINE: Hang on right there. There's every
indication that it's going to sunset. There's no indication to the
contrary. The only way that passed, that gas tax passed, was if it
would specifically have sunset, and that there -- you know, it --
unless there's some wild action to the contrary, that's scheduled to
'sunset, has a date, the board was very clear. MR. KANT: That's correct.
COMMISSIONER CONSTANTINE: So any suggestion of anything contrary
to that is untrue.
MR. KANT: Well, what you're saying is absolutely correct,
Commissioner. In the ordinance it does provide for a -- what I would
call a reimposition of that tax.
It was pointed out to us that if we did not take into account the
fact that the tax is presently in existence, that we could be open to
challenge. Therefore, staff has gone back, and in the handout I just
gave to you, the rate table is more reflective of Table B in the study
that was provided as part of your original package. That study does
not include the five cent gas tax.
And I would like to permit both Mr. Tindale, who's going to make
his presentation, and I believe you're going to hear a speaker from
the public speak to that also, rather than trying to take that out of
context at this point.
COMMISSIONER CONSTANTINE: I apologize if I'm being slow or
misunderstanding here, but the board passed a law. The law calls for
a tax to go away December 31, 2003. There's been no action that
indicates anything contrary to that. So where would a challenge come
from? Where would a legal challenge come from?
MR. FERNANDEZ: Madam Chairwoman, may I speak to that?
I believe Mr. Kant is trying to indicate that the time period
between now and 2003, the gas tax is in place. If we adopt a fee
schedule, based upon an assumption that it is not in place, it won't
be valid until 2003, when it actually sunsets. That's the nature of
the challenge, as I understand it, correct?
Page 134
December 14, 1999
MR. KANT: That's correct, Mr. Fernandez.
CHAIRWOMAN MAC'KIE: So your recommendation would be that we
adopt one for now, the 2003, and then adopt --
MR. KANT: In any event, Commissioner, we are going to be
presenting in -- I believe in March -- I believe it's in March -- a
proposed revised ordinance, which is going to consolidate all the
ordinances. And that proposed revised ordinance is going to have
language in it which will require us to review all of these fees on a
much more regular basis than has been done in the past. So that may
or may not become an issue. Again, whether or not the tax is around
in 2004 or 2006, whoever is doing it at that time is going to have to
deal with it then.
The other -- and I know that that does not fully answer all of
your questions, but I would ask permission to allow us to make our
presentation, and then if that is still at issue, we'll be glad to
discuss it in detail.
I do want to point out one other thing that was pointed out to
us, and that has to do with the effective date. We have not made a
recommendation for an effective date, if you do choose to impose this
new fee schedule. However, we are proposing that there are projects
in the pipeline, so to speak, and that any new fees take effect at
some date certain that will not penalize somebody, say, that walked in
this morning and put a project in the pipeline.
Some day, 60, 90 days -- I believe in 1992, when you enacted that
existing ordinance, I believe you gave a 90-day grace period to that.
I've talked with Mr. Tindale, and -- Phil Tindale, our impact fee
coordinator, and he's thinking that possibly April 1, which will give
us a full quarter; that is, it would start at the beginning of a
fiscal quarter, possibly, for any future tracking purposes.
But again, we'll take your direction on that, when it's
appropriate.
At this point I would like to introduce Mr. Stephen Tindale, from
Tindale-Oliver and Associates, and he's got a short presentation to
make to you.
CHAIRWOMAN MAC'KIE: Thank you. First Commissioner Berry.
COMMISSIONER BERRY: I just have a question. Did this go, or
does this have to go before the Developmental Services Advisory
Committee? And did it or didn't it?
MR. CAUTERO: Vince Cautero for the record.
It did not. It should. We were trying to get this to you as
quick as we possibly could.
COMMISSIONER BERRY: Okay. So even if we hear this today, could
it still go to that committee?
MR. CAUTERO: I plan to bring it to the committee, yes.
COMMISSIONER CONSTANTINE: One of the things that may actually
work. If what Ed has described as a grace period wouldn't have to be
delayed, we could make the proclamation that gee, we're going to adopt
something different next year and figure out today whether we think
that date is logical, whether that's April 1 or whatever it is. Even
if we don't adopt the exact number today, if we waited until the
Page 135
December 14, 1999
committee heard it first and brought it back in January, at least then
there's no delay. We don't delay putting whatever change we make into
effect.
MR. FERNANDEZ: Madam Chairwoman?
CHAIRWOMAN MAC'KIE: Well, yeah, just -- I guess I was hoping
that we were going to adopt this today and it was going to be
effective sometime sooner than April 1st. But I guess -- well, your
point is if we put people on notice April 1st you're going to have a
new rate, between now and then we'll decide what it's going to be?
COMMISSIONER CONSTANTINE: And I say April 1st only because Ed
did. I don't care if it's February 1st. But if we put people on
notice now there's going to be a change, so if somebody's got their
mortgage pending out there right now, we don't mess them up --
MR. KANT: But typically during the bidding process, the
contractors like to get a handle on what the fees are going to be. I
get called all the time for estimates. And then what I'm suggesting
is that certain -- it takes awhile to go through the building
permitting process. And anything that's either in the pipeline or is
eminent, it probably wouldn't be fair to say the effective date is
tomorrow at 4:00. And I'm making a suggestion that you may want to
consider 60 days, 45 days, 90 days, something to allow the stuff
that's in there to get through the pipeline.
COMMISSIONER BERRY: Well, and I think too to let -- I think
there's appropriate groups that need to take a look at this as well.
COMMISSIONER CONSTANTINE: Yeah, I agree.
COMMISSIONER CARTER: So maybe if we made an effective date
somewhere around February 1, we'd be okay?
CHAIRWOMAN MAC'KIE: I sure like that better than April.
COMMISSIONER CONSTANTINE: Let's hear the presentation.
CHAIRWOMAN MAC'KIE: Why not?
Yes, sir, thank you.
MR. TINDALE: Good afternoon. I'm Steve Tindale with
Tindale-Oliver & Associates.
You have in front of you the November 22nd study we've handed
out. There's a set of schedules behind that. And you have a
ordinance with a attached -- Attachment A which has fee schedules that
Ed talked about.
What I'm going to briefly do is go back over what we presented
back in November and then make the final recommendation and give you
some reasons why we're making the recommendation we are. With that,
let me start the presentation.
We're going to go over basically a quick history in terms of the
past experience you've had, the updating you with what change in terms
of the fee components, and to give you the fees and the variations and
the alternatives. And then at that point in time you can go through
your adoption in terms of when you want that different -- the fee
schedule to come into effect.
As far as the history, one thing I'd like to point out and we
usually look at is your growth rates in terms of what's going on here
in Florida. And you're growing -- you're continuing to grow'at about
Page 136
December 14, 1999
twice the rate the other communities in Florida are on average. Which
is one of the reasons, one, to pass impact fees, and two, to expect
some reasonable revenues from them. Some communities are down to one
and two percent growth rates, and their impact fees would not generate
the types of revenues that your fees would generate.
As far as the history, the last update was 1992. So it's well
within the time to update it. We are updating both transportation,
emergency service and library. As soon as we get through the
transportation, we'll be back to the emergency service and the library
fee studies.
Let's quickly talk about the components and what is causing the
recommended changes. The fee is based on a demand, a unit demand the
development generates, the cost to provide that demand, and we give a
credit. And the reason for the credit is the course the rule that you
can't double charge. You can't charge somebody an impact fee and then
collect taxes for the same capital investment when new development
would be generating capital into the future. That will be the
discussion about the gas tax that you have.
We have verified that you're not using ad valorem tax and any
other taxes. And gas tax is the current tax you're using for capital
and transportation.
The next graph basically gives you an idea what's going on not
only here but all over the State of Florida and all over the country.
The actual cost to build transportation facilities does not change
that dramatically. But right-of-way and specifically in areas
becoming more and more urbanized, it's changing dramatically and it
has here.
We've moved from right-of-way costs 10 years ago being 20 or 25
percent of the construction cost, that right-of-way now here almost
equaling, you're about 80 percent of your construction costs. I've
got communities where right-of-way is exceeding the construction
costs, and I don't see any change in the future.
I think you'll find next time we do an update, that we'll be
talking about right-of-way probably costs more than construction will
be the reason that -- the primary reason for additional fee
adjustments.
A brief discussion about the gas tax itself. Some of your taxes
I call expanding taxes, your ad valorem tax grows for the same piece
of property in the same unit development over time. The gas tax per
unit actually is contracting.
As you have growth, total growth revenues increase, but the units
in term of reducing revenues is actually contracting. And the next
graph shows very briefly what we mean by that.
40 years ago, when you travel one mile, you generate about two
and a half times -- you've consumed about two and a half times the gas
you travel one mile today. So because of fuel efficiency, it takes a
lot more travel, even though you are getting it, to generate revenue.
So it is a revenue source that is increasing in total numbers, but
nowhere near at the rate that you're growing. And that's becoming --
Page 137
December 14, 1999
COMMISSIONER CONSTANTINE: Let me ask a follow-up question,
though. And you used the 1950 beginning date. How many families had
two cars or three cars in 1950 versus today? And how many made, you
know, 20 trips a day versus today?
MR. TINDALE: The total trips are definitely increasing. Both
your population and your vehicle miles of travel are increasing
exponentially. This just --
COMMISSIONER CONSTANTINE: It's just your per mile --
MR. TINDALE: -- has a tendency to level it off in terms of the
revenues you're expecting.
COMMISSIONER CONSTANTINE: Thanks.
MR. TINDALE: I consistently ask the question, if we're so
congested, why can't we replace those roads? And the answer is it
takes a lot of congestion now compared to the past, even though we are
experiencing that.
The next graphic just gives you a quick idea of how the fee is
calculated. We first build a road. You do have some substantial
landscaping and paving.
Go ahead, Bill. It's not moving?
You basically build a road. And what we're doing is looking at
the cost of the road, the landscaping, the pavement and the
right-of-way.
The cost to do that is a million-six in terms of our update. The
average capacity -- when we add a lane, we actually compute the added
capacity, not your average capacity of the current road, but the added
capacity when building lanes is about 8,600 vehicles. And basically
when a home is built, it adds traffic. The total travel on a road
that's added is about 33 trips on a daily basis.
Basically to compute the fee, you take the relationship of that
33 trips to the 8,000. That's a percentage of consumption. Multiply
it by the million-six, it's pretty straightforward. And we come up
with a fee. The number that you've seen in the past is thirty-four
ten in terms of the growth impact fee calculation.
The next graphic, there was a great interest in dealing with
affordable housing and some type of a relationship between size of
homes. And we're talking about doing this for fire, EMS, in terms of
the number of people in the homes and also the amount of traffic
that's being generated. And what this graphic shows is the smaller
homes are generating no less than six trips per unit. The average
size home is about 7.6. And the larger home is about nine trips per
single-family home. We're recommending highly that you adopt this
variation in the fee by those units.
The source of this was some data that was collected dealing with
trips and income. And you'll see the same thing in mobile homes.
Mobile homes don't generate the trips as single-family homes. A lot
of that has to do with not the size of family, a lot to do with
income. And there's data indicating that there's a relationship
between the trip generation rate and the average income. Not to say
there's not a variability within each one of those, but those are the
averages.
Page 138
December 14, 1999
The next slide is just kind of summarizing. The costs are going
up basically 91 percent. And we are talking about and we'll discuss
this about the gas tax in terms of whether we reduce it and how you
want to deal with that in terms of an issue that -- and recommendation
that we'd be making.
The next slide basically gives you a summary. I think the first
one -- it's hard to read it -- it agrees with the last one we
presented last time. We just want to say that's what you saw last
time we were here. And I'd like to go from there and show you what
we'd be recommending this time.
I am probably the one that instigated as much as anybody the
concern about the readoption of the gas tax. Been doing this for 15
years and consistently working with legal. They say it would be
abundantly safer. If you're going to err, err on the safe side. And
it's your choice in terms of risk in what we're doing.
The computations we have on the low side assumes that you're not
going to reduce anything. What you've told us last time, that is not
correct. So we've adjusted that. We have taken the sixth cent that
you're coming down, including the maintenance, we've taken -- every
year that you bring it down we do give the credit for the first year,
the second year, the third year --
COMMISSIONER NORRIS: Excuse me. That's five cents.
MR. TINDALE: No, actually the first six cents you're actually --
COMMISSIONER CONSTANTINE: The six cents that's in effect for the
next 16 years.
MR. TINDALE: The first thing you're doing is pulling the six
cents down. We've given anybody that pulls a permit today the credit
for that reduced amount. And when it gets to zero, they get no more
credit. So we brought that to present worth. We did give them some
credit for this tax that's being reduced that you've given -- you've
made a motion, you've directed and you're moving.
The second tax does not take a referendum. I know it dies, but
it also can be resurrected by a majority vote. COMMISSIONER CONSTANTINE: Super majority vote.
MR. TINDALE: Super majority vote. And it's your choice. It's
on the books. It has been applied, and there's nothing to indicate --
and I don't think you can take a position not to re-vote it. I mean,
you can look at it two ways. You can say it's dying and it's got to
be re-voted, or the other position you can take is you can take action
-- you have taken action to reduce the sixth cent. You cannot take
action not to readopt. And it's your choice. We're talking about a
couple hundred dollars on a couple thousand dollar impact fee to be
safe.
Now you're taking a conservative position. If anybody says
you're overcharging or are paying too much, you can say you're
absolutely not, we've taken a very conservative position and the
difference --
COMMISSIONER CONSTANTINE: Your issue there is there could
potentially be the double tax issue.
MR. TINDALE: Absolutely. I mean, if --
Page 139
December 14, 1999
COMMISSIONER CONSTANTINE: One way to correct that would be to
get rid of the tax early, or to make it smaller now, the five cent gas
tax.
MR. TINDALE: Which you -- you have to take the position to vote
to do away with it now --
COMMISSIONER CONSTANTINE: Right.
MR. TINDALE: -- to make the impact --
COMMISSIONER CONSTANTINE: But that's an option.
MR. TINDALE: Correct.
COMMISSIONER CONSTANTINE: And let me ask you a question along
that line. And I realize you have more to your presentation.
But what would the off -- would it offset, would we derive an
equal amount of revenue if we eliminated the five cent --
MR. TINDALE: No way.
COMMISSIONER CONSTANTINE: Okay.
MR. TINDALE: You're going to lose a whole lot more revenue than
you're going to generate.
COMMISSIONER CONSTANTINE: And where is the balancing act on
there? Surely you could say well, we're going to make it four cents
now, we're going to make it three cents now and allow your impact fee
to pay to the full extent and lessen the burden on your person at the
gas pump.
MR. TINDALE: As far as gross revenues, you will lose three
dollars for every penny you reduce. Three to one. In other words, if
you reduce one penny of gas tax, you will lose $3 in gross revenues
for every dollar you gain in impact fees. MR. FERNANDEZ: Madam Chairwoman?
MR. TINDALE: It's a no win situation.
CHAIRWOMAN MAC'KIE: Help.
MR. FERNANDEZ: Also, there's the situation that the flexibility
that you have with gas tax is lost because of the nature of the
expenditure for impact fees. It's more restrictive. You can only use
impact fees for growth-related projects.
COMMISSIONER CONSTANTINE: Well, the ordinance that passed on
that five cents was restricted --
MR. TINDALE: Growth management law requires that to be capital.
COMMISSIONER CONSTANTINE: Yeah, the five cents is restricted to
a specific use, and it has to be concurrency driven. It can't even
just be any roads. It has to be concurrency driven.
MR. TINDALE: It has to be --
COMMISSIONER CONSTANTINE: That's the way the ordinance reads.
MR. TINDALE: There is a match between that five cents. The
other five cents --
MR. FERNANDEZ: So we have the same restriction as we have with
impact fees on that five cents. Okay. Sorry.
MR. TINDALE: Yes. I mean, it's your choice, but, I mean, that's
the action we'd take. And I can tell you that as you pass a gas tax,
your growth revenues increase is substantially higher than the
revenues you pick up from an increase in impact fees.
Page 14 0
December 14, 1999
COMMISSIONER CONSTANTINE: I will tell you, it absolutely burns
me up to say well, you could hypothetically have a future board
approve an extension of that gas tax, so we're not going to include
it. Because you could hypothetically have us double the ad valorem
tax, triple the ad valorem tax, too. But it's not going to happen. I
mean, you could do all kinds of things. And I don't think those are
good assumptions to make.
I understand you're trying to be as conservative as possible --
MR. TINDALE: Correct.
COMMISSIONER CONSTANTINE: -- but there was a commitment made
that that tax would go into place for a very specific use for a very
specific amount of time. There's never been any indication that
anything other than that's going to happen. So I don't want to make
the assumption.
CHAIRWOMAN MAC'KIE: And I'd just like to say, too, that there
are many, many occasions where you'll find that this board wants to be
as conservative as possible in fiscal issues, but I think you'll find,
and I hope you'll find with regard to impact fees, we want to be as
broad as we can in our ability to assess them. We want them to be
assessed on the high side and not on the conservative side. I speak
for myself, anyway, on that point.
COMMISSIONER BERRY: Let me just ask another question, so I
understand what we're doing here. If you increase the impact fees as
stated, the other -- the gas tax is going to go away in '03.
CHAIRWOMAN MAC'KIE: Uh-huh.
COMMISSIONER BERRY: What does this do to our revenue stream in
terms of capital?
CHAIRWOMAN MAC'KIE: In '03.
COMMISSIONER BERRY: In '03.
MR. TINDALE: It gives you a major reduction in your -- you can't
build -- you can't come close to building a cost feasible long-range
plan. And you'd have a very difficult time unless you replaced that
with an alternative tax.
CHAIRWOMAN MAC'KIE: It's almost impossible to eliminate that tax
in '03.
COMMISSIONER CONSTANTINE: Well, that's --
COMMISSIONER BERRY: But now wait a minute. I mean, then --
COMMISSIONER CONSTANTINE: You know, let me go back on that.
COMMISSIONER BERRY: Then I'm hearing --
COMMISSIONER CONSTANTINE: That's not true.
COMMISSIONER BERRY: -- conflicting statements here. I mean,
Tim's saying -- I think I hear him saying, you know, he wants it to go
away. And yet I'm thinking about what we all are looking at out here
is the needs for construction of roads. So I want to know -- frankly,
the bottom line, I want to know where we're going to get to here where
we're able to construct some roadways in Collier County.
COMMISSIONER CONSTANTINE: And Commissioner --
COMMISSIONER BERRY: How do we get there and how do we -- what do
we use to pay for it?
MR. KANT: I think it's important to recog --
Page 141
December 14, 1999
COMMISSIONER CONSTANTINE: Let me take a little trip -- hang on.
CHAIRWOMAN MAC'KIE: Just a minute.
COMMISSIONER CONSTANTINE: Let me take a trip down memory lane
here. Commissioner Norris can correct me if I'm wrong, because he was
on the board at the same time as well. But we had a 20-year
projection for road shortfalls in 1993. And the first 10 years, we
were told, were an absolute disaster. You'd never be able to keep up
unless you had this gas tax in place, this five cents. However, in
the following 10 years, revenues were going to go up dramatically and
it was no longer necessary.
CHAIRWOMAN MAC'KIE: Tim, can you pause your thought for 30
seconds? I'm sorry. Apparently they're doing this right now whether
we pause or not. Okay. Go.
COMMISSIONER CONSTANTINE: And the second ten years when that
presentation -- and this was made repeatedly to us. I mean, this was
probably a four presentation thing before we ever passed anything.
COMMISSIONER BERRY: So this was back in 19937
COMMISSIONER CONSTANTINE: And this was to meet those concurrency
items and the -- when the gas tax was passed, it required a
four-fifths vote and we passed it with the restrictions that, "A", it
would have ten years because that's what was clearly shown. It would
sunset at the end of ten years because our staff reports and
everything that went with that showed it was not necessary in the
second ten years. And, "B", that it would be used only for
concurrency-driven items so that it wouldn't become -- some
Commissioner has a pet road they want to put in or something and gets
spent that way. So that it was limited to those growth-necessitated
items, which if you are using it truly for growth it should be
restricted.
But to hear now that, "Oh, no. Gee, we'll never keep up," is
completely contrary to what that tax was passed on and the reports
that our staff and our then consultants gave us at the time.
CHAIRWOMAN MAC'KIE: Nevertheless --
COMMISSIONER CONSTANTINE: Commissioner Norris, am I remembering
that accurately?
COMMISSIONER NORRIS: Generally.
CHAIRWOMAN MAC'KIE: And I'll just say I'll support you. I was
in the private sector at the time and representing developers who --
absolutely that's my recollection of what the facts were as presented
at the time. Nevertheless, the facts as available to us today are
very different and --
COMMISSIONER CONSTANTINE: And I just don't believe the, "Oh, my
goodness, the sky is falling. And unless you renew that tax, you're
never going to be able to do anything."
Because that's the same song and dance we heard in 1990 for the
sales tax is, "Unless you pass this sales tax or increase ad valorem
taxes the sky is going to fall." Neither happened and the sky didn't
fall. We kept right on going. And we've heard that on the sales tax
issue twice since.
Page 142
December 14, 1999
So when we hear, "Oh, Jesus. We'll never be able to keep up,
unless we do this," I don't believe it anymore. And I need that laid
out very specifically for me, much more than I have here, item by
item, project by project, dollar by dollar, before I'm going to
believe it. Because it's been claimed a dozen times -- half a dozen
times in the last ten years. It's never proven to be true. And the
information being stated here is contrary to what we were told when
this tax was first put in place.
COMMISSIONER BERRY: Well, then I'm not understanding something.
Jim and I were at a meeting up at the Brooks in Bonita of the Swifty
(phonetic) group.
COMMISSIONER CARTER: Right.
COMMISSIONER BERRY: And I thought I heard at that meeting that
we needed -- Collier County needed to demonstrate that they had maxed
out in terms of the gasoline tax and impact fees --
COMMISSIONER CARTER: Impact fees in order to get the State fund.
COMMISSIONER BERRY: Absolutely. Now, where does that and how
does that come into play?
Mr. Ilschner, you were at that meeting, as well. Do you recall
that discussion?
MR. ILSCHNER: I do recall the conversation and those were the
two conditions to get maximum reimbursement from the State in that new
program.
COMMISSIONER BERRY: Right. And I just want to know how this all
ties into this discussion.
MR. TINDALE: I'll make a couple comments and, I guess, a
non-impact fee statement. I worked 20 years in government and I made
statements that weren't true. And whoever told you that you didn't
have an issue in the future, they were incorrect.
And staff sometimes, including myself, in the past are incorrect.
And that's an opinion. I think it's very clear looking at your
capital programming right now you're already finding yourself to where
if you don't make a motion with some intent to support it you can't
even use that sunset in your five-year plan. That's going to create a
concurrency problem for you.
I've looked at your long-range plan. I have been looking at it
for 20 years. And with the increased right-of-way and the things I've
talked about, the call for transportation is well beyond what people
thought was going to be 10 or 15 years ago.
CHAIRWOMAN MAC'KIE: I guess the question --
MR. TINDALE: You are in a position, in my opinion, that you're
either going to adopt several levels of congestion below what you're
currently adopting or you will find a revenue source that's equal to
where you are today or greater.
COMMISSIONER CONSTANTINE: Well, let's just not ever scratch our
head again and wonder why people don't trust government. If we
promised we're going to sunset something on a particular date and
we're saying, "Oh, we can't do that."
COMMISSIONER BERRY: But, Tim --
Page 143
December 14, 1999
COMMISSIONER NORRIS: Wait a minute. Wait a minute. Wait a
minute. First of all, you're talking about projections that were made
six years ago. You're talking about a decision that has to be made
four years in the future.
The thing about projections is -- I'm sure Mr. Tindale will tell
you this. The farther out you go the softer they get. You have no
idea when you get it past five years whether your projections are even
within a 15 or 20 degree envelope.
So to sit and say that we're reneging on our governmental word
because of a six-year-old projection that may not come through four
more years from now, I just -- you know, that's just not accurate.
You have to continually revise your long-term outlook, your schedules,
your funding, your spending. You have to do all of that on a
continuum, but you should update your five-year-plan on an annual
basis. That's how you stay accurate, but you can't do it on a
projection of six years ago. It's just not going to work.
COMMISSIONER BERRY: Well, the right-of-way expense, that in and
of itself. I mean, what -- maybe what it was in 1993 is going to be
certainly a lot different than it is now or is going to be in '03 for
that matter. It's nothing but going to go up.
So somehow you've got to be able to equalize the source of
revenue to be able to accommodate that. And that's what I want to
know. How do we get there and what do we have to do.
MR. CARTER: Well, I'm with Commissioner Berry. I need to know
that. I mean, you can have all these arguments whether it's a gas tax
or an impact fee. We need the funds to do it. How are we going to do
it; which pot are we going to use.
CHAIRWOMAN MAC'KIE: Guys, let's not lose sight, of the fact that
we've had and our County Administrator -- I mean, they've laid it out
to us in absolute black and white that we are not only -- I mean, I
assume that this is part of a plan that we are, first of all, going to
maximize impact fees and then, secondly, I hope that we're going talk
about gas taxes staying in place because we can't -- even with that,
we have a serious road building shortfall that we plan to take -- I
hope we still plan to take to the voters in a sales tax referendum.
COMMISSIONER CONSTANTINE: I guess the irony for me is
Commissioner Norris saying, "Well, anything outside a five-year window
is soft," and here we are saying, "Well, beyond five years we're going
to have so many projects that we need to start thinking about ignoring
that sunset and extending a tax." Well, either it's soft or it's not.
COMMISSIONER BERRY: But, Tim, you've been to MPO meetings and
you've heard -- you've heard the conversations about the level of
service on our roadways. You know, that we're at a "D". And what
they're saying is that in some areas we're going to fall below that.
And you've also been party to the discussion where most of us have
said we really want better than "D".
CHAIRWOMAN MAC'KIE: Dang right.
COMMISSIONER BERRY: You've heard it from the MPO level. I know
Mr. VanArsdale and the City have spoken about this quite often about
-- that we need to, you know, think about what if we want to go to
Page 144
December 14, 1999
"C", what is it going to cost to get there. Is that realistic? I
don't know.
COMMISSIONER CONSTANTINE: And we do have that report coming
back.
COMMISSIONER BERRY: Yeah. I mean, so there's a lot of things
here that -- I think this whole discussion is very important. And, you
know, I need to know a little of the nuts and bolts, but I frankly am
looking for -- we've got a lot of things out there and how are we
going to pay for it.
CHAIRWOMAN MAC'KIE: And we -- what I'd like to do is to get Mr.
Tindale back on his presentation, but ask him -- if you would please
-- to emphasize not the pieces of your presentation that are necessary
to be a part of the record so that your recommendation is legally
defensible for us, but if you could get us more focused on the
practical aspects of how much money are we going to raise and how much
is our shortfall thereafter.
MR. TINDALE: Well, I've got an estimate -- I guess, some
estimates in terms of the change in the impact fee and the impact fee
revenues in terms of numbers that we're talking about. And I'll
qualify these by the same thing about looking in a crystal ball.
You had -- when you looked at the chart, you had several years
where your rate was generating about five million to $6 million a
year. In the last two or three years without that adjustment the
numbers have changed dramatically from that five or six and you've got
eight, nine, $10 million.
So I've got this time period of nine years with the last three
being substantially different than the first five in terms of
projecting in the future. Staff reviewed that. You had some
significant multi-family and commercial development that is
substantially different in the last three years than the first five.
The question is: Is that a permanent -- is that a blip or do we need
to average over the eight or is that a permanent, you know, thing
that's going to occur in the future?
I think the feeling is that the residential and building
construction is much more cycled than residential. So I've given some
ranges in terms of the -- changing the fee on either the low side or
the high side. And I've given you a range where I think the revenues
would end up in terms of the impact fee revenues.
I would like to say that that revenue is going to be significant,
but I've never seen the impact fee be more than about 25 percent of
anybody's budget when you look in the future and look at their total
fees. Twenty-five -- if you push 50 percent, you'll be the first in
the State in terms of the total revenues you need in the future, in
terms of revenues you're producing, and the final revenues that the
plan would be putting together.
COMMISSIONER CONSTANTINE: Is that bad or are you just saying
that may be irresponsible.
MR. TINDALE: It's just something you need to realize that that's
the number -- that's the way it works out. Impact fees just do not
pay for that 10 to 20-year time period. One thing --.
Page 145
December 14, 1999
CHAIRWOMAN MAC'KIE: But we're double the growth rate of
everybody else.
MR. TINDALE: Let me mention one thing that's missing here. We
did it back in 1992, which I think was really interesting and maybe
helpful. We took how your system was performing back in the '60s and
the '70s and showed you that a very, very high percentage of roads
were operating at "A", "B" and "C". None of those roads were pulling
over your exception standard.
And you had about a 15-year period that the roads were not going
over "D". So they didn't get reported, but we showed you how that
capacity during that 10 or 15-year period was being consumed. You had
two things going on. You didn't have environmental issues; you didn't
have utility issues; you didn't have right-of-way issues, and you were
consuming enormous capacities without replacing it. CHAIRWOMAN MAC'KIE: Right.
MR. TINDALE: Now, someone -- we said this in 1992. That's why
I'm somewhat surprised about looking in the future. Now we're saying,
"Things have changed."
We've consumed the capacity we built in the '40s and the '50s.
We've moved to new right-of-way and appraisal processing and
environmental processing. You've got two things hitting you. Both
the lack of the ability to consume prior investment and these changes.
I'm saying it again. That's where you are now if you move ahead.
Impact fees with your growth rate can play a significant portion of
the resolution adjusting for all those things; lack of investment in
the past and the things that are occurring in terms of the future.
And that's the reason I'm saying stay with the intent of the gas tax
because if you do move in and move the gas tax to sales tax and the
numbers do stay in there and you charge this fee, I would be coming
back to you as a developer saying, "Wait a minute. Not only did you
re-adopt the five cents, you've also done something else and you've
overcharged us for four years and we want a couple hundred dollars per
home." And now you're going to be in some potential repayment.
COMMISSIONER CONSTANTINE: Isn't that an issue to be considered
by a Board who is considering extending a gas tax; shouldn't that be
part of their deliberations?
MR. TINDALE: They would be in a position to -- if they extended
the gas tax, they could get sued. I have to say I would recommend
that you not do that.
COMMISSIONER BERRY: You would recommend that we not extend the
gas tax?
MR. TINDALE: No. I would recommend that you assume that it's
going to be extended. Where there is no question -- but knowing the
gas tax, I mean, just in general we're saying the gas tax, sales tax,
we can re-adjust the call. If you move forward with something -- gas
tax, plus other revenues, the actual construction costs are going to
come up and we can come back and defend it. But if we right now issue
permits with the assumption that at that time period were guaranteed
for the life of that project, 25 years, you're not going to either
Page 146
December 14, 1999
extend that or find another source, but to me there's a clear
indication that you're at risk.
COMMISSIONER CONSTANTINE: Well, let's look at the reverse of
that though. If we assume we are going to and we charge a little less
and then the gas tax is not extended, then we have undercharged people
MR. TINDALE: Right.
COMMISSIONER CONSTANTINE: -- for the growth.
MR. TINDALE: That's correct.
MR. FERNANDEZ: And he's saying, Madam Chairman, if --
COMMISSIONER CONSTANTINE: It means the burdens falls more
heavily on those who already live here.
CHAIRWOMAN MAC'KIE: And the property taxpayers.
MR. FERNANDEZ: But he's saying you're erring on the side of
caution by doing it that way, rather than erring on the other side
where you have the potential of overcharging.
MR. TINDALE: And right now you're undercharging --
COMMISSIONER CONSTANTINE: Disagreements.
MR. TINDALE: You're undercharging now by 50 percent and that you
only have the potential of undercharging by ten percent. You're moving
from undercharging by 50 percent to a potential of not undercharging
at all and the worst case being ten percent. And that's only for a
four-year period because you can adjust. And for the last probably
five years you've been undercharging probably by 40 or 50 percent.
COMMISSIONER CONSTANTINE: I guess my preference is just not to
leave any room for undercharging. MR. TINDALE: I understand.
CHAIRWOMAN MAC'KIE: And I agree with that. I would rather take
the risk of a challenge on the $200 than the cumulative effect.
MR. TIN-DALE: I can tell you we can be very good at helping you
defend that, but that's something I wanted to point out. COMMISSIONER CONSTANTINE: I understand.
MR. TINDALE: You basically have, I guess, two schedules in terms
of your adoption. One is -- in my mind, one is assuming that we
sunset it and the fee is up by a couple hundred bucks. And the other
schedule is that its not sunset and the fee comes down a little bit.
Those are the two that you've got in front of you. I think that's the
end of the presentation and I open it up for questions and answers or
other people.
CHAIRWOMAN MAC'KIE: Are there speakers?
MR. FERNANDEZ: Yes, Madam Chairman. First speaker is Jeff
Perry. Second speaker is David Ellis.
MR. PERRY: Good afternoon, Madam Chairwoman and Commissioners.
My name is Jeff Perry and I'm a transportation planner with
Wilson-Miller, Incorporated. I'm speaking to you today representing
no particular interest, rather as a supporter of adequate
transportation funding.
I've got a very short speech and I will try to fit it into the
five minutes and I have a copy for the court reporter. Most of my
Page 147
December 14, 1999
concerns have been previously expressed to your staff. I wanted you
to know that.
Road impact fees have been and should remain one of this County's
primary financial tools in funding our transportation infrastructure.
It is, however, only one of the tools at your disposal. Road impact
fees should not, and, quite frankly, cannot be relied upon as the only
source of funding for roadway capital improvements.
The ordinance amendment before you today, while providing some
measure of additional revenue, will not do it alone; and, therein,
lies the reason why the road impact fee update should not be
considered in a vacuum.
As has been explained, the road impact fee formula has three
components -- demand, cost and credits. I take no exception to the
demand or the cost factors in your amendment proposal, but I do want
to express my concerns on the issue of gas tax credits and how they
are being treated in this update.
Gas tax credits are included in the road impact formula because
of the presumption that the fee payer will be paying future gas taxes
each year for 25 years. The legal premise states that any portion of
those taxes that are earmarked for capacity improvements must be
credited in the impact fee formula against the gross fee.
Your report correctly states that for each penny of gas tax that
is collected at the pump and finds its way into capacity improvements
the road impact fee is affected by three to four percent. Divert a
penny away from capacity to maintenance and the gas tax credit goes
down and the road impact fee goes up by three to four percent.
While it appears that reducing the gas tax credit is a good way
to increase impact fee revenues, it's only half the story. What is not
reported is the fact that the corresponding decrease in gas tax
revenues is approximately twice the gain in the road impact fee
revenues.
Move one penny in gas tax from capital to maintenance, your
annual road impact fee revenues increase by $430,000. At the same
moment, your loss of one penny in gas tax revenues to the capital
program is approximately $820,000. Let the five cents lapse on
December 31st, 2003, continue to move one cent per year of the six
cent gas tax from capital to maintenance and by 2005 you will have
increased your road impact fee revenue collections by $10.8 million
and decreased your gas tax revenue collections by $20.4 million, a net
loss -- excuse me -- a net loss of $9.6 million.
Your staff will tell you that you're currently facing a 25 to $26
million shortfall in the 2000-2004 CIE. We're not going to make it up
by cutting gas taxes in order to raise impact fees. In fact, we will
be further behind.
The revised schedule recommended today is far better than
Schedule "C" recommended in your agenda item. It still presumes,
however, the continued diversion of the six cent gas tax away from
capacity. In doing so, we experience a net loss of nearly $6 million
by 2005 and $2.35 million or more every year thereafter.
Page 148
December 14, 1999
We are facing a significant shortfall both near-term and
long-term. Given what we know about our needs and your priorities,
your $160 million five-year CIE should probably be more like $200
million program. Your $26 million five-year shortfall is more like
$65 million.
The MPO needs assessments calls for $1.2 billion in improvements
by 2020 and only $517 million in revenues to pay for them. Eliminate
the 11 cent gas tax -- 11 cents of gas tax, the six and the five, and
you effectively eliminate a 20-year revenue stream of nearly $200
million. As I stated earlier, road impact fees and gas tax revenues
cannot be adjusted in a vacuum. Like a jigsaw puzzle, they must be
considered as interconnected pieces of a much broader, comprehensive
solution.
Because of other transportation revenues, regardless of the
source, will always affect road impact formulas. The prudent approach
today is to update the fees with the status quo gas tax credits
without assuming any further reduction in gas taxes until they
actually occur. Then, based upon total needs, determine what net --
excuse me -- what non-impact fee revenues are needed and from what
source in order to complete the funding package. Such an analysis
allows you to examine what impact those revenues will have on your
road impact fees.
While I would like to recommend that you table action on the
amendment in favor of a more comprehensive approach, I also understand
the urgency to update the 1992 fee schedule to 1999 values.
Therefore, I would urge you to adopt schedule "A" which provides a
21.2 cent credit that does not pre-suppose any reduction in gas taxes.
In addition, I would urge you to ask your staff to prepare a
comprehensive transportation funding package for you to consider as
soon as possible, including revisiting the Board's budget policy on
diverting one cent per year for six years of the six cent gas tax;
reauthorizing the five cent gas tax effective January 1, 2004; and
give careful consideration for the one cent or the half cent sales tax
in addition to or as an alternative to the five cent gas tax and the
effect such tax has on the road impact fee credits.
Thank you for the opportunity to speak and I apologize for
exceeding my time.
CHAIRWOMAN MAC'KIE: That's okay. Jeff, could I have a copy of
your remarks?
COMMISSIONER BERRY: Actually, could we get staff to make all of
us -- I would also like a copy.
CHAIRWOMAN MAC'KIE: I would like to be able to --
COMMISSIONER BERRY: Can you make those copies?
MR. FERNANDEZ: We'll make them right now.
COMMISSIONER BERRY: That would be great. Thank you.
MR. PERRY: Any questions?
CHAIRWOMAN MAC'KIE: No. Probably after we read them and have a
chance to digest it.
MR. FERNANDEZ: This is David Ellis.
Page 149
December 14, 1999
MR. ELLIS: Happy holidays. I'm David Ellis with the Collier
Building Industry Association.
And, again, we'd really concur with a lot of things Mr. Perry
said about the transportation needs in our community. Again, thank
you for your attention to the transportation needs. We were down at
-- it seems two short weeks ago talking about transportation and it's
great that this dialogue is really moving along very quickly.
I also, again, appreciate your consideration to the staff's
recommendations that they brought back to some of the procedural
changes that we hope will help with this. Once again, we see one of
the biggest challenges we have in transportation has to do with
right-of-way. And I think some of the things your staff is putting in
place will help us going into the future that we can do those
right-of-way things better and hopefully more cos~-efficiently.
I guess, again, I would agree with Mr. Perry as we look at the
report though there are some questions about methodology. When we got
the report we received, I guess, the final numbers on November 22nd, a
few weeks ago, and at that time I have shared the report with several
outside consultants, other than the consultant that the County used
just to get their thoughts on what they saw in the report.
First of all, I will report that the ones I spoke with had very
high praise for Tindal, Oliver and saw them as a reputable firm and
there were no questions on that. Although several of them that looked
at it in the short period of time they had did express some concerns
about some areas of methodology -- although, I have to say the tiering
that they put in there for the single-family for the smaller, medium
and larger homes certainly addresses, I think, a need in our
community. And you always hear me talk about affordable housing and
anything we can do to support that. I had some that said -- wondered
how that methodology fit and was that a defensible policy, as well as
some of the other questions about the lane mile cost and things you
can imagine.
I have to say I don't have the answers to those. I do have some
questions about them. And, again, it's not that the consultants have
been even slow in trying to respond to those things, but we haven't
had this report very long to really analyze those things in a way that
I would feel, I guess, comfortable with.
That really relates to another concern in that typically this
kind of a study -- although, I certainly acknowledge the need to move
ahead as quickly as we can. The typical process would be for this to
go through our development services advisory committee, which it
didn't. That's often the time that the public and the development
community -- we would have time to kind of understand and ask these
questions and a little bit of time to do that.
Again, I'm not trying to grandstand and say we need to hold off
on these things because we were the first group that came and said we
need to move ahead. And even at the time, when we brought our study
-- our white paper -- we acknowledged that we were prepared to pay our
fair share. I guess my concern is I want to ensure for the industry
Page 150
December 14, 1999
that I represent and for the people that are going to be paying those
fees that it is their fair share that they will be paying.
Also, in relation to that, if you do decide to move ahead with
endorsing some sort of fee change today, I would strongly urge you to
go with the table "A" that Mr. Perry talked about, which assumes that
we're going to keep the taxes where they are. And, again, at the same
time I would strongly encourage you, as Mr. Perry also said, to
explore other options or, I guess, maybe take a more global approach
to how we're doing this. Again, I know it's a very difficult process
and I certainly acknowledge we have done this in the past, but it may
be time again to really look at the long-term effects of where we're
going to do our funding.
And, lastly, I would say if you do decide to implement this that
we do set an implementation date that's enough in the future that
gives the contractors and developers an appropriate time to adjust
their contracts, to work with the people they're working with.
Because, obviously, some of the increases, particularly on some of
these commercial jobs, will be significant. And you have to
acknowledge that -- you know, in some of your planning it's going to
be difficult just to absorb that kind of additional fee.
Again, I encourage you at this point if we can't either temporary
delay it, put off this decision until the first of the year, or either
through the process of studying it through Development Services
Advisory, to put this off so that we can thoroughly analyze the
numbers and to ensure relief for the community that we're doing what
is exactly appropriate.
And I realize at this point it is a very difficult thing. We're
trying to balance this tremendous need for transportation also with
the -- protecting the rights of our citizens -- those that will be
coming -- and the affordability of housing in our community.
Again, I thank you for your time. I thank you for your interest
in this. And anything we can do as an organization through CBIA to
help in this process, we're happy to do it. Thank you. CHAIRWOMAN MAC'KIE: Are there other speakers?
MR. FERNANDEZ: No, there are not on this subject.
CHAIRWOMAN MAC'KIE: Mr. Kant, I get so confused with all the
information frankly. Let me tell you what I'm looking to support. I
want to support that we maximize impact fees, assuming that -- and
that -- I think what I want to support is Schedule "C". And I think --
the reason is I want to support the maximum impact fees, assuming that
the sales tax stays in place, but goes -- COMMISSIONER NORRIS: Gas tax.
CHAIRWOMAN MAC'KIE: I'm sorry. The gas tax stays in place, but
goes for maintenance. In that case am I -- is that fee "C" --
schedule "C.
MR. KANT: Commissioner, I believe here that the maximum fees
will be found in table "D", which is the sunsetting of the five cent
-- assumes the sunsetting of the five cent gas tax and the -- all six
cents have gone to maintenance, and further assumes that the loss is
done as an immediate, rather than as a stepped loss. That would be
Page 151
December 14, 1999
the so-called low table that was presented to you, which would provide
us with the least amount of credit and the highest fee. For example,
the mid range, $1,379 that we pay now for a single-family home would
jump up to over $2,700.
CHAIRWOMAN MAC'KIE: Yeah. And so I've overstated myself because
I don't want to do that. What I want to support is table "C", but I
don't want to take any action today that indicates my support for
sunsetting that five penny gas tax.
I think I understand Commissioner Constantine's position, but I
think we need it based on the present information. I think we're
going to need that gas tax, table "C" impact fees, and you're going to
have to tell us what the shortfall is even considering both of those.
MR. KANT: We're getting ready -- right after the first of the
year, we'll begin thinking about what we've already been thinking
about -- the budget cycle. We're beginning to line up projects and my
dilemma will be come February when we receive budget instructions.
We cannot use the five cent gas tax for what -- our new fifth
year, which would be the sixth year. That presents a great dilemma
not only in how do we program projects, but it also presents other
issues to us with respect to new projects which the Board and the
public have evinced some interest in.
I might also point out that I'm also concerned -- I hear that
possibly you might want to re-think the maintenance issues. Keep in
mind we're, over the last few years, transitioning from an urban to a
much more rural character everywhere west -- you know, including and
west of 951.
This takes more dollars. We're getting more landscaping. We're
getting more drainage. We're getting more curb and gutter. It takes
more dollars to maintain.
CHAIRWOMAN MAC'KIE: You said that backwards.
MR. KANT: Did I say it backwards? I'm sorry.
CHAIRWOMAN MAC'KIE: That's okay. We know what you mean.
MR. KANT: Transitioning from rural to urban. I said it the
other way. I beg your pardon.
CHAIRWOMAN MAC'KIE: That's okay.
MR. KANT: My point -- the only point I wanted to make is that
we're going to be asking as -- over the next few years as these
changes continue to take place, we're going to be asking for needed
additional dollars for maintenance, too. We're spending several
million dollars a year now maintaining medians that didn't exist five
years ago.
CHAIRWOMAN MAC'KIE: Yeah. I understand.
MR. KANT: Having said that, are there any other questions I
might help you with?
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: No. I would just like to see if I can
set a direction and see if the Board will agree with it. I too -- we
have a little difference on where we want to see things go long-term
on the gas tax, but I, too, am in support of schedule "C" here.
Page 152
December 14, 1999
What I would like to see us do though is -- today generally
recognize that, "A", we are going to increase the impact fees, and,
"B", pick a date. And if that's April 1 or March 1 or whatever the
appropriate date we decide upon, pick that date so that the building
industry as a whole, whether that's an individual or whether that's
someone with commercial property is aware that they need to be careful
if they are putting together numbers now that as of March 1, or
whatever the date is, those will be different, but also that we send
the issue to the appropriate advisory board.
I think that is important that that go through that process so
some of those details can be sifted out and then we finalize the
amount. And I'm hopeful we're on track with schedule "C", but
finalize that amount at our first meeting in January. It doesn't slow
down when they go into effect at all, but I think it gives those
people who are involved in this and whose livelihoods are involved, as
well as our staff and everyone, a chance to dissect it a little more.
And it doesn't impact the long-term picture. If we say it's
going to be March 1, great, it's March 1, whether we change it today
or January llth.
CHAIRWOMAN MAC'KIE: If you'll say that's February 1, I would
support it. My --
COMMISSIONER CONSTANTINE: I will tell you why I said March 1.
And the reason is on both commercial and personal property. Financing
could usually be locked in about a 60-day window, nothing exceeding
that traditionally. So that 60 days from, you know, January 1 would
be March 1.
If you try to cut it February 1, you're actually into your 60
days now. So theoretically somebody who financed a week ago might not
have everything done by February 1 and would have to go back and
reconfigure all that.
So I'm not -- believe here me, the sooner the better, as far as
I'm concerned. But I'm just thinking for realistically putting this
in place and not destroying somebody's either personal home that
they're trying to build or a business that they're trying to put up.
They've already gone through the financial component. I would hate to
have them go and redo that now. That just gives them a realistic time
frame, I think, from the first meeting in January.
COMMISSIONER BERRY: I think even more so you've got the
holidays. You're basically knocking out two weeks here. I think
February, frankly, is --
CHAIRWOMAN MAC'KIE: Not too fast.
COMMISSIONER BERRY: Well, I'm not so sure.
MR. CARTER: I'm sorry I said February 1. I really am. I think
March 1 is more realistic based on all the other considerations.
CHAIRWOMAN MAC'KIE: Okay. And the only other comment though is
that, yes, this needs to go to DSAC, Developmental Services Advisory
Committee, but do we realistically expect that they're going to come
in and say, "Oh, no. This is too low."
Page 153
December 14, 1999
I mean, you know, let's don't confuse ourselves by saying, "That
will be sending it to the public." That will be sending it to the
affected industry, and that's appropriate, but that isn't the public.
COMMISSIONER CONSTANTINE: I suspect --
COMMISSIONER CARTER: I think it's the process. I think it's the
process that we've normally followed. I think it's the right thing to
do. It gives them an opportunity to input in this and it's not going
to change what we're doing, but it gives them a chance to participate.
COMMISSIONER CONSTANTINE: And regardless of whether they say
it's too low, I mean, that's not fair to say to them or to the
industry any more than it is to say, "Well, the environmental
community, if we send it to an environmental board, might come back
and say, 'Knock down more trees.'"
Well, they're not going to do that, but there is an educational
component of going through the people who understand that issue. And
it's the same thing here.
CHAIRWOMAN MAC'KIE: Okay. So is that --
COMMISSIONER CONSTANTINE: I don't know if we have to close the
public hearing.
CHAIRWOMAN MAC'KIE: Are --
COMMISSIONER NORRIS: Yeah. You do have to close the public
hearing.
CHAIRWOMAN MAC'KIE: So done.
COMMISSIONER CONSTANTINE: And I will put in the form of a motion
that, "A", we formally recognize we are going to increase the impact
fees effective March 1, that we send the issue to our Community
Development Services Advisory Board, or whatever the appropriate name
is, and that we commit to finalize the amount of that increase or the
schedule that we assume in our first meeting in January.
COMMISSIONER NORRIS: Second.
MR. KANT: Commissioner.
CHAIRWOMAN MAC'KIE: Yes, sir.
MR. KANT: May I also ask if you -- in staff's recommendation
we're asking that you reaffirm your existing policy with respect to
the use of gas tax revenues for maintenance.
CHAIRWOMAN MAC'KIE: Certainly that's not changing at this
moment, is it?
MR. KANT: Thank you.
COMMISSIONER CONSTANTINE: I'll include that as part of the
motion if you need that in.
CHAIRWOMAN MAC'KIE: And a second?
COMMISSIONER NORRIS: Yes.
COMMISSIONER BERRY: Is this going to give -- wait a minute.
What are we -- first meeting in January would be January --
COMMISSIONER CONSTANTINE: llth.
COMMISSIONER BERRY: Does this give the outside groups
appropriate time to review this?
COMMISSIONER NORRIS: Sure.
Page 154
December 14, 1999
MR. KANT: Excuse me, Commissioner. I'm informed by the County
Attorney's office that the rates under our advertisement have to be
set today. Perhaps the County Attorney can help clear that up. MR. FERNANDEZ: Or continue to a time certain.
COMMISSIONER CONSTANTINE: What do you mean the rates have to be
set?
MS. ASHTON: Well, we're required to send the ordinance to the
Secretary of State, so we can't --
CHAIRWOMAN MAC'KIE: I think we're not adopting the ordinance
today, Heidi. I think we're giving notice that we're going to
consider it on January llth.
MS. ASHTON: Okay. I'm sorry. I misunderstood.
MR. FERNANDEZ: So you're essentially continuing the public
hearing to a time certain?
CHAIRWOMAN MAC'KIE: Essentially.
COMMISSIONER CONSTANTINE: And I haven't heard any objection from
CBIA or anyone representing the industry that the Developmental
Services Advisory Board doesn't have time. It's obviously -- it is
the holidays, but it's also a big issue. Hopefully, they can come up.
(Inaudible, unknown speaker from the audience.)
CHAIRWOMAN MAC'KIE: Okay. You all are just going to have to
work because we can't do that off the record. So I'm going to have to
just --
COMMISSIONER CONSTANTINE: I bet if we called an emergency
meeting of that group they would meet on this issue. CHAIRWOMAN MAC'KIE: Mr. Weigel had a comment.
MR. WEIGEL: Yes. That is, it appears that your motion and
direction is you're actually continuing the ordinance aspect of this
item to that January llth date. For advertising purposes then, we've
covered all the bases.
COMMISSIONER CONSTANTINE: I'm sorry if my wording wasn't clear,
but that was my intent.
MR. WEIGEL: Okay. Thank you.
CHAIRWOMAN MAC'KIE: Second?
COMMISSIONER NORRIS: Second is very clear on that.
CHAIRWOMAN MAC'KIE: Further discussion?
All in favor, please say aye.
Opposed?
(No response.)
It passes unanimously.
MR. KANT: Thank you, Commissioners.
CHAIRWOMAN MAC'KIE: And apparently we need a 30 second break
here for you two to switch again is that --
(A short recess was held.)
Item #12C2
ORDINANCE 99-98 AMENDING COLLIER COUNTY ORDINANCE NO.90-111 WHICH
CREATED THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT~
AMENDING SECTIONS ONE AND FOUR TO PROVIDE FOR FINANCING OF LANDSCAPING
Page 155
December 14, 1999
BEAUTIFICATION WITHIN THAT PORTION OF U.S. 41 FROM PINE RIDGE ROAD TO
VANDERBILT BEACH ROAD! PROVIDING FOR IDENTIFICATION MARKERS AS AN
AUTHORIZED POWER; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY - ADOPTED
CHAIRWOMAN MAC'KIE: All right. Then we will go to C-2, which is
the Pelican Bay MSTU 41 north median beautification.
MR. FINN: Yes, Madam Chairman. Edward Finn, Public Works
Operations Director.
CHAIRWOMAN MAC'KIE: May I pause you?
Are there speakers registered on this item?
MR. FERNANDEZ: No.
CHAIRWOMAN MAC'KIE: Then I'm going to close the public hearing.
Are there questions for staff?
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
second?
COMMISSIONER CARTER:
CHAIRWOMAN MAC'KIE:
Norris?
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
Motion to approve.
I have a motion to approve.
Is there a
I move we approve staff's recommendation.
Could you make yours a second, Commissioner
Second.
Discussion?
Ail in favor, please say aye.
Opposed?
(No response.)
That passes unanimously.
We have an advertised public hearing for a dock -- no. Further
continued.
Item #12C3
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED,
WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT - CONTINUED
INDEFINITEY
COMMISSIONER NORRIS: 17-T-3.
COMMISSIONER BERRY: 17-T-3. It's in the other book.
CHAIRWOMAN MAC'KIE: 17-T-3.
MR. KANT: 17-T-3, Commissioners, is an ordinance amending the
Collier County street lighting district ordinance and adding a number
of areas. If I may, these various areas -- it's a rather long title
-- were selected based on input that we got. We got a lot of phone
calls from people, questioning of things, and there was a formal
request, I believe here, through a petition to the Board -- a public
petition to the Board from the Willoughby Acres folks to have that
added.
And at the time we found a number of other areas we thought were
appropriate based on our records and based on direction by both the
Board and other public input. And that's the basis of what you have
here.
Page 156
December 14, 1999
There was one amendment that had to be made. We found a
scrivener's error. And, I believe here, passed out in your packages
earlier today, was an amended map, which would be the first -- I'm
sorry -- the second of the map sheets which eliminates the Heritage
Way area and also that would have affected the cost estimates
slightly, which is on the last page of the handout. Any questions, we'll try to answer.
CHAIRWOMAN MAC'KIE: Have other people gotten phone messages
today about different neighborhoods saying they didn't want to be
included?
COMMISSIONER BERRY: He just mentioned Heritage Way is one of
those areas. They do already -- there's like 12 people or 12
homesites in that unit, I think. And they provided for lighting when
they went in there.
MR. KANT: Yes. Again, on the map that was handed out subsequent
to the published package -- I believe here it came into you this
morning -- you'll notice that at Heritage Way from Cypress Way East to
the section about a quarter of a mile in has been eliminated.
CHAIRWOMAN MAC'KIE: And I have this one message -- I have no
idea for whom this gentleman speaks. Jim Miller, Flamingo Estates
Civic Association regarding 17-T. "We do not want more street lights.
We are interested in traffic calming. We want street humps, rather
than lights allowing people to speed."
Is that an individual opinion?
MR. KANT: It may be. That's a new one to me.
CHAIRWOMAN MAC'KIE: This is my question I had, Mr. Fernandez,
when we set this as an agenda item. How do we know that all of these
neighborhoods want to be included in this district? How do we know?
MR. KANT: Well, as I said, Commissioner, we get a lot of calls.
And typically we get calls in favor. We rarely get calls against.
And then, of course, the item gets published and all of a sudden
people determine, "We don't want them."
We get caught sometimes between factions that want them and
factions that don't, factions that are looking for traffic calming and
factions that aren't.
CHAIRWOMAN MAC'KIE: But isn't that usually why we do that 50
percent, plus one?
MR. KANT: And many of these we've tried on a number of occasions
-- Willoughby Acres being the prime example. We've tried for years to
bring that to the Board. We could not get the 50 percent, plus one.
And in the statute, as is pointed out in the executive summary,
the statute does permit the Board by a majority to include them in the
street lighting district. We're willing to follow your recommendation
because this is a tax on the folks themselves as opposed to a
County-wide type of thing.
CHAIRWOMAN MAC'KIE: And I'm willing to defer to my fellow Board
members because these aren't areas in my particular district. So if
you guys have -- you know, you'll know better what the will of the
people are.
Page 157
December 14, 1999
COMMISSIONER BERRY: I've got at least four of them in my
district that are on here.
CHAIRWOMAN MAC'KIE: And do you believe here they are supportive
of being included?
COMMISSIONER BERRY: Willoughby Acres. I believe here Ed and I
have spoken about this before many times. It involves two main
streets.
Am I correct on that, Ed?
MR. KANT: That's correct, Commissioner.
COMMISSIONER BERRY: Which is Euclid and Lakeland, two main
streets. They want them.
Johnnycake Cove is another one. And that's a go. Turnbury I
could not get in touch with their homeowners' president. And the
Willoughby Pines I have heard no objection there, so I assume that's
-- I don't know.
MR. KANT: Commissioner, I may be -- that may be an incorrect
statement. The Willoughby may include all of the side streets, as
well as the main street.
COMMISSIONER BERRY: And they were objecting to that, Ed.
MR. KANT: They were objecting to that?
COMMISSIONER BERRY: Yeah. They want just the main.
MR. KANT: That's new information, Commissioner. Perhaps we
should pull this one and go back to the drawing board yet again.
COMMISSIONER BERRY: I spoke to Mark Heeda (phonetic) about that.
MR. FERNANDEZ: Madam Chairwoman.
CHAIRWOMAN MAC'KIE: Yes.
MR. FERNANDEZ: I would suggest that we do just that. That we
pull it and bring it back with the thought that if we do have
information of areas that are not supportive of this that we just
delete those from our list and come back with a list that is 100
percent in support.
CHAIRWOMAN MAC'KIE: So we'll continue this item?
MR. FERNANDEZ: That would be my recommendation.
MR. TRAVIS: Can I still talk?
CHAIRWOMAN MAC'KIE: Yes. In just one second.
COMMISSIONER CONSTANTINE: I was going to say for Flamingo and
Coconut I know there is some split out there, but I have a -- related
to a traffic issue, a letter going to literally each of the homes in
those little neighborhoods. It wouldn't be that hard for us to
include something in there about, "How do you feel on this," as long
as we've got the mail going anyway.
We can do an honest to goodness measurement out there so that we
know. If it's 70 percent, great.
CHAIRWOMAN MAC'KIE: This is a good idea. And, again, Mr. Kant,
I don't want to fault you for bringing it because this is exactly the
kind of thing we appreciate your taking -- going out on a limb to do.
It is the right thing to do and we hope you won't go back and say -- MR. KANT: We try to respond to the calls that we get. And the
implication is that there's a lot of people out there -- they don't
Page 158
December 14, 1999
like dark streets to walk at night and have their kids or their dogs
playing.
CHAIRWOMAN MAC'KIE: I couldn't agree with you more. Let's just
-- since this is so many people, let's leave it continued and then we
can have the opportunity for more input between now and January.
COMMISSIONER BERRY: I can tell the rest of the Commissioners,
too, I was absolutely shocked when we talked about this in one of the
areas. And I thought, "How do you say no to this?"
And I could not believe here the response, "What do you mean
you're going to put a streetlight out in front of my house?" I was just like, "Whoa. Okay."
CHAIRWOMAN MAC'KIE: Have you registered to speak, sir?
MR. TRAVIS: Yes, I have.
MR. FERNANDEZ: Yes, he has.
CHAIRWOMAN MAC'KIE: Will you call him, please?
MR. FERNANDEZ: This is Mr. Ted Travis.
CHAIRWOMAN MAC'KIE: Yes, sir.
MR. TRAVIS: Thank you. Good evening, Commissioners. It's been
a long day. Thank you for having me here. And I am appreciative that
we've kind of cleared out the place because this is a sore subject and
it gives us the chance to have a little bit more intimacy without the
usual grandstanding of the Fox Fire closing.
I originally asked to appear in order to ask that Coconut Creek
Estates be stricken from the lighting request. And I thank you,
Commissioner Berry, for assisting me yesterday to appear on this item
and apparently my persuasive skills precede me because that matter is
already taken care of.
CHAIRWOMAN MAC'KIE: We aim to please.
MR. TRAVIS: And you have. Thank you.
I want to give you a little update report though why this request
follows the issues of the past five and six months, a little report
update of -- I also appreciate and wish to commend Commissioner
Constantine.
He has met, as he mentioned, numerous times with our community.
In fact, we've had workshop number two back on October 26th. And at
that time we had submitted to the Commissioner a petition representing
50, plus one percent of the population and we still had some factions.
And the Commissioner admirably took a lot of shots and was very
successful in walking away with a near unanimous support for several
initiatives which he and the community will continue to work on and
will be back here.
My report though is I would like to tell you that Coconut Creek
Estates has been seriously harmed. And I don't come here to blast you
and go in the past. What's done is done.
CHAIRWOMAN MAC'KIE: Sir, I'm going to ask you please to stay on
the topic of this lighting district.
MR. TRAVIS: Well, it's related. I'm going to come right back
very quickly, if I may. The injury is now 3,600 industrial/commercial
cars that go through that community. I'm not sure you're aware of the
latest traffic survey.
Page 159
December 14, 1999
So we, along with Flamingo Estates, have lost our streets and we
have the noise and we have the trash. And, again, I'm expecting that
with the leadership here that we will remedy that situation.
But the reason I mention all that is because -- to come back --
there seems to be -- if I was to create -- if I was going to make
residential areas as small and slight as Coconut Creek or Flamingo --
if I was going to make that a commercial/industrial area, I would do
just exactly what has been done.
I would close the road. I would resurface and paint a road that
is not necessary. I would put in a stoplight. And then the reason I
was wanting to be here today is I would put in streetlights to further
access the road. So that is the reason why.
I did not come to grandstand and get on anybody's case about the
old issue. I think we're going forward with that. And, again, I
appreciate the Commissioner's help on that.
So no lights for now. And I did speak to Jim Miller,
incidentally, today and he had also asked me if I could convey that
for him. And, incidentally, I am the public relations representative
for the traffic committee. Professionally I'm the administrator for
the Health Department's Maternity Clinic. We've got a lot of moms
over there and so we're busy folks.
So I thank you very much and I enjoyed today and I learned a lot
about your initiatives and trying to help people.
CHAIRWOMAN MAC'KIE: Thank you, sir.
We have -- do we have --
MR. FERNANDEZ: No other speakers.
CHAIRWOMAN MAC'KIE: A motion to continue this item.
COMMISSIONER BERRY: Second it.
CHAIRWOMAN MAC'KIE: Okay. All in favor --
MR. KANT: Is that a continuance to a date certain or is that an
indefinite continuance, Commissioner?
CHAIRWOMAN MAC'KIE: I'm so sorry. You're right. To our January
meeting, is that --
COMMISSIONER CONSTANTINE: January 25th meeting?
COMMISSIONER BERRY: Well, I think you better make it until the
second meeting. There's no way -- you can't physically get in touch
with all these people. That's impossible.
CHAIRWOMAN MAC'KIE: Is that all right, Ed?
MR. KANT: At the very least. This is about six months work
here.
COMMISSIONER BERRY: Absolutely.
COMMISSIONER NORRIS: Would it be better if we left it up to you,
Mr. Kant, to bring it back?
MR. KANT: Well, if we overshoot the date, we'll just
re-advertise it.
COMMISSIONER NORRIS: Okay.
MR. KANT: I appreciate that if we could make it an indefinite
continuance. Thank you.
CHAIRWOMAN MAC'KIE: My motion then is for an indefinite
continuance.
Page 160
December 14, 1999
COMMISSIONER CONSTANTINE: Did I say of 2000 or did I just say
January 25th?
CHAIRWOMAN MAC'KIE: Is there a second?
MR. CARTER: Second.
CHAIRWOMAN MAC'KIE: All in favor, please say aye.
Opposed?
(No response.)
That passes unanimously.
MR. KANT: Thank you, Commissioners.
CHAIRWOMAN MAC'KIE: Was there anything else added, ladies and
gentlemen?
COMMISSIONER NORRIS: Yes. There was a discussion -- staff
discussion.
CHAIRWOMAN MAC'KIE: While they're preparing for that, I need to
-- I don't have Mr. Weigel to adjust this. But I was not in the room
at the time that the agenda was set. In case I was in the room at the
time, there was a vote on the consent agenda. There's a Pebble Brook
plat on there from which I need to abstain.
COMMISSIONER CONSTANTINE: You didn't vote on the consent agenda,
right?
CHAIRWOMAN MAC'KIE: I don't believe I voted on the agenda at
all.
Okay. Thanks. I wanted to be sure.
COMMISSIONER NORRIS: But you know you have to file a form.
CHAIRWOMAN MAC'KIE: Thank you.
Item #14A
DISCUSSION REGARDING STRATEGIC PLANNING SESSION DATE - JANUARY 12~ -
NO ACTION
MR. FERNANDEZ: Madam Chairwoman, are you ready for staff
communications?
CHAIRWOMAN MAC'KIE: We are.
MR. FERNANDEZ: I just have a couple of brief items. The first
is to ask the Board if you concur with the date that we have
established -- I think we've coordinated this with your calendars --
for your next strategic planning session January 12th, which is a
Wednesday, from nine a.m. to noon. If that date is okay with you and
if it's also acceptable to use the same facilitator we used last year,
we'll proceed with that plan.
MR. CARTER: Same place?
COMMISSIONER NORRIS: I can tell you that I will probably have
something else going on that day.
COMMISSIONER CONSTANTINE: I think I had distributed a memo.
CHAIRWOMAN MAC'KIE: You did.
COMMISSIONER CONSTANTINE: I intended to, if I didn't.
CHAIRWOMAN MAC'KIE: You did.
COMMISSIONER CONSTANTINE: Did I? And I don't know what you all
think on this, but if we're maybe a month or six weeks away at that
Page 161
December 14, 1999
time from having a new administrator, that seems like a fairly
important thing for an administrator to participate in. CHAIRWOMAN MAC'KIE: I agree.
COMMISSIONER CONSTANTINE: It might be worth just delaying until
February so that might be one of the first things we do with our new
administrator.
MR. FERNANDEZ: Madam Chairwoman, you may want to have two. The
reason we set the January time frame is for the Board to give some
preliminary budget direction. We're trying to coordinate with our
budget schedule.
CHAIRWOMAN MAC'KIE: Could I suggest then that let's look at this
two different ways? One, is that we do need some -- I appreciate --
and I think it's very important that Mr. Fernandez is going to draw
our attention to budget policy this year. As we make that policy,
they're going to make us focus on it and it's important that we do.
And I don't think -- I think we've been given that too short a shrift.
So that is more akin to a budget policy workshop than a
long-range planning session.
COMMISSIONER NORRIS: Let's just call it a budget policy workshop
then.
MR. CARTER: Right. And then let's find a day when Commissioner
Norris can be here.
CHAIRWOMAN MAC'KIE: Yes. It's important.
COMMISSIONER CONSTANTINE: Can I -- wait just a minute.
Traditionally we have done the budget policy items at a regular
Tuesday meeting. And sometimes it takes an hour and a half to do it,
but -- is there some reason we want to give it its own day and gather
up staff all here in this room or somewhere for that?
MR. FERNANDEZ: Yes. We thought it warranted a half day
discussion. We thought that it warranted a more in-depth, more of an
informal discussion of the issues. I think we find that the kind of
more specific or more refined policy direction will come from that
kind of a discussion.
COMMISSIONER CONSTANTINE: Well, if you're saying a half a day,
how come -- I'm not following because we had a half day set aside to
deal with both that and with long-term strategic planning. I'm
assuming no more than 90 minutes of that would have been for the
budget. And, again --
CHAIRWOMAN MAC'KIE: No, no. I think that's a --
COMMISSIONER CONSTANTINE: I just hate having an extra workshop
if we don't need to. Not only -- I mean, I don't care. I'm here live
every day anyway.
But when we gather up half a million dollars worth of top
management for another day when they could be actually out doing their
job, I hate to draw them away from --
MR. CARTER: But I hear the request coming from staff that they
would like to have the budget policy workshop. So I think we ought to
honor that.
CHAIRWOMAN MAC'KIE: That's two.
COMMISSIONER BERRY: Three.
Page 162
December 14, 1999
CHAIRWOMAN MAC'KIE: That's three.
COMMISSIONER NORRIS: I'd like to do it, but why don't we do it
on the fifth Tuesday. Never mind.
MR. FERNANDEZ: We can find another day to make sure every
commissioner --
CHAIRWOMAN MAC'KIE: Would you work on that again? We'll have a
budget workshop -- budget policy workshop. And you'll work with us
again. Apparently that scheduled date is not perfect.
COMMISSIONER BERRY: Do not do it January 6th. I'm committed to
Leadership Collier that day, so I cannot do it that day.
CHAIRWOMAN MAC'KIE: Don't do it January 1st. I'm committed to
get married. I just wanted to get to say that in a public hearing.
COMMISSIONER BERRY: I won't be here.
CHAIRWOMAN MAC'KIE: Okay. Anything else?
MR. FERNANDEZ: Yes, Madam Chairman. The other item is the new
addition of Florida Counties magazine. You'll be getting yours
shortly.
I just want to call your attention to a nice story that they have
done on Collier County and its preparation for Y2K. Very proud of our
Public Informations staff. They've done a real nice job with this and
you might take an extra moment and take a look at that when it comes
across your desk.
CHAIRWOMAN MAC'KIE: Thank you. Anything further?
MR. FERNANDEZ: That's all I have.
CHAIRWOMAN MAC'KIE: Mr. Weigel.
MR. WEIGEL: Yes, briefly. Mr. Constantine had earlier spoken
about the requirements for membership to committees and I wanted to
get back. And it is as we thought. It is required that all members
of County Boards shall be permanent residents and electors of the
County.
CHAIRWOMAN MAC'KIE: So having made this gentleman an ex officio
member does not violate?
MR. WEIGEL: It does take care of that. But I think the motion
that was passed was he's ex officio until we take care of that
question in the future. So we can take care of that question, I
think, rather quickly.
And I had a separate item related -- to bring up during
communication anyway. That is, that I'm learning working with Sue
Filson, Developmental Services, of either potential or even now some
present appointees where they are appointed to a third committee. And
under the ordinance it does provide that no person shall serve on more
than two committees or -- either they provide a letter of resignation
or automatic things occur in regard to it, an ipso facto resignation
from the first committee they're appointed to.
And I wanted to ask the Board if they had any direction in regard
to possibly my crafting an amendment for your consideration just to
see if you have anything in regards to potential exceptions from that
or if you don't, then I'm sure Ms. Filson of Developmental Services
and I will report back to you at the next Board meeting of some
vacancies that exist.
Page 163
December 14, 1999
COMMISSIONER CONSTANTINE: My preference would not be to have
that exception because out of a pool of 200,000 plus people we ought
to be able to spread that around a little bit and get input from --
CHAIRWOMAN MAC'KIE: I agree.
COMMISSIONER BERRY: I concur.
CHAIRWOMAN MAC'KIE: No interest in making exceptions.
MS. FILSON: May I just point out that the members that are on
more than two boards are the latest boards that you created for the
rural fringe and the other one that you're on, Commissioner Berry,
just so that you know.
CHAIRWOMAN MAC'KIE: Okay.
MR. WEIGEL: The good thing is they continue to serve on those
regardless.
CHAIRWOMAN MAC'KIE: They go off their original appointments.
Okay. Anything else from staff?
MR. WEIGEL: No. Thank you.
CHAIRWOMAN MAC'KIE: Commissioner Berry.
COMMISSIONER BERRY: Just a comment I'd like to make. I'd like
to thank Mr. Fernandez for his tenure in Collier County. This will be
his last Board meeting. And I think we would be remiss in not saying
thank you for the time that you've spent with us in Collier County.
CHAIRWOMAN MAC'KIE:
Commissioner Norris.
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER NORRIS:
CHAIRWOMAN MAC'KIE:
COMMISSIONER CARTER:
Ditto. Absolutely.
Happy New Year and happy wedding.
Thanks.
For those of us getting married.
If anybody happens to be.
Well, we'll be seeing you all tomorrow
night at the LDC Meeting, so I can wish you happy holidays then. Bob
will be with us at that time, I assume. But if not, thank you, Bob,
for all your service in Collier County.
MR. FERNANDEZ: Thank you.
CHAIRWOMAN MAC'KIE: Commissioner Constantine.
COMMISSIONER CONSTANTINE: Thank you and good night.
CHAIRWOMAN MAC'KIE: Ditto. We're adjourned.
***** Commissioner Norris moved, seconded by Commissioner Carter and
carried 4/0 (Commissioner Mac,Kie absent), that the following items
under the Consent and Summary Agenda be approved and/or adopted with
changes~ *****
Item #16A1
RESOLUTION 99-435 AND AGREEMENT AUTHORIZING 75% DEFERRAL OF IMPACT
FEES FOR ONE HOUSE TO BE BUILT BY SCOTT W. PRICE, AT 4110 6?a. STREET
N.E., IN GOLDEN GATE ESTATES, COLLIER COUNTY AND TO PAY FOR THESE
IMPACT FEES WITH STATE HOUSING INCENTIVE PARTNERSHIP (S.H.I.P.)
PROGRAM REVENUE FUNDS.
Page 164
RESOLUTION NO. 99- 4 3 5
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL OF CORRECTIONAL
FACILITIES IMPACT FEES, 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 SCOTT W. PRICE AT 4110 6th STREET, N. E., GOLDEN
GATE ESTATES, COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need
for creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers
of Collier County impact fees; and
WHEREAS, Scott W. Price is seeking a 75% deferral of impact fees; and
WHEREAS, Scott W. Price will construct a three (3) bedroom unit (the "Dwelling Unit") at
4110 6th Street, N. E. in Golden Gate Estates, Collier County, Florida; which is proposed to sell for
Eighty Six Thousand Five Hundred Fifty Dollars ($86,550.00), and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WHEREAS, Scott W. Price submitted to the office of the Housing and Urban Improvement
Department an Affordable Housing Application dated September 16, 1999 for a 75% deferral of
impact fees for the construction of a house at 4110 6th Street, N. E., Golden Gate Estates, Collier
County, Florida, a copy of said application is on file in the Housing and Urban ImprOvement
Department; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; 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
-1-
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees
by qualifying for a deferral; and
WHEREAS, Scott W. Price has qualified for a 75% deferral of impact fees based upon the
following representations made by Scott W. Price:
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 moderate income level as
that term is defined in the Appendices to the respective Impact Fee Ordinances and the
monthly payment to purchase the unit must be within the affordable housing
guidelines established in the Appendices to the respective Impact Fee Ordinances.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
Co
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to
issue an Authorization for 75% deferral of impact fees to Scott W. Price for one (1)
house which shall be constructed at 4110 6th Street, N. E., Golden Gate Estates,
Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Scott W. Price, 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 4110 6th
Street, N. E., Golden Gate Estates, Collier County, Florida by
Total Impact Fee
Fo
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
Correctional Facilities Impact Fee
Total Impact Fees
1,778.00
117.98
$ 4,290.34
Scott W. Price:
75% Deferral
$ 135.39
1,034.25
615.63
10.50
1,333.50
88.48
$3,217.75
o
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 First Atlantic Mortgage Corp. to Owner in the amount of $90,525.00 is necessary
to obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST: ' '.
DWIGHT El BROCK, Clerk
A~es~ ~$ to CbafrBtn's
Approved as to form and
legal sufficiency:
Heid~iF. (A~s,,hton~ ~-~v~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
t~fiMELA S. MAC'KIE, CHAI~tWOMAN
(
jd/c/impfecs/price
-3-
EXHIBIT "A"
LEGAL DESCRIPTION
SCOTT W. PRICE RESIDENCE
THE WEST 75' OF TRACT NO. 42 IN GOLDEN GATE
ESTATES UNIT NO. 78 ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 5, PAGE 16 OF
THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
-4-
Rece.i. ved: 9/24/g9; 11:58AM; 941 26:~ 657~ => HU[; #3
9-?.4-99;IO:56AM;NCH ACCOUNTING
;94t 252.
~ 3/ 3
I lllll ..... . I~ . I T ' ~ i I ' _ ' . 111 IlL II/.E
Retn:
CLRRK TO THR BOHD
IN?EROHICE ~?N ~OOR
EXT 7240
RECORDED in the OPFICIAL HCORDS of COLLIH COUNTY, PL COPIES
12/16/1999 at 02:05PM DWIGHT E, BROCK, CLERK
DEC 1
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into this/9~-, day of
~ , 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Scott W. Price, hereinafter referred to
as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 75%
deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee deferral and
37.50
8.00
OR: 2622 PG: 0453
13EC
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 99- (7/~,3''' at its regular meeting of ~o ?~/ , 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree 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 iExhibit "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 moderate 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. The Dwelling Unit shall be the homestead of owner;
OR: 2622 PG: 0454
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 $3,217.75 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be
sold only to households meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the deferred impact fees, and upon payment of the deferred impact
OR: 2622 PG: 0 55
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
BINDING EFFECT.
Agreement and their
9. This Agreement shall be binding upon the parties to this
respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact .fees waived until said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run with the land and shall remain a lien against the
Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that
the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2622,P G:,. 56
Except as set forth in Section 7, such lien shall be superior and paramount to the interest
in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the
lien for County taxes and shall be on parity with the lien of any such County taxes.
Should the OWNER be in default of this Agreement, and the default is not cured within
thirty (30) days after written notice to OWNER, the Board may bring civil action to
enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by
the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other fight 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/Deferral of Impact Fees on the date and year first above written.
Witnesses:
Print Name~_______-.o r,,,.~__ ~<~ft4~
(.//Print Nan~e ~-.7~ ~_ -' ~
OWNER:
Scott W. Price
)
COUNTY OFt~./.~ff_~ )
The foregoing instrument was acknowledged before me this J/-ff~ day of ff~
1999, by Scott W. Price. He is personally known to me or prod-aced.' ....... ~
3g, fiature of Person - aking ~.ck~wledgment
· ~ ~ ~ MY~MMI~ION~12 /
5
OR: 2622
PG: 0457
ATTEST:
DWIGHT E. BROCK, Clerk
· Attest as to Chairman's
signature
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
By:
P~v~ELA S. MAC'KIE' CH~RWO~MAN
Approved as to form and
legal sufficiencyf/~
H~F3f F. 'Xsh~'on
Assistant County Attorney
jd/c/impfee/price
OR:
2622 PG: 0458
EXHIBIT 'A'
LEGAL DISCRIPTION
SCOTT W. PRICE RESIDENCE
THE WEST 75' OF TRACT NO. 42 IN GOLDEN GATE ESTATES UNIT
NO. 78 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 5, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7
*** OR: 2622 PG: 0459
9N I £NhOOQV NON ~ ~V@~'; 0 I.
:poATOOOU
December 14, 1999
Item #16A2
RESOLUTION 99-436 AND AGREEMENT AUTHORIZING 75% DEFERRAL OF IMPACT
FEES FOR ONE HOUSE TO BE BUILT BY JORGE M. MARTINEZ AND AMANDA A.
MARTINEZ AT 3640 22~. AVENUE N.E., IN GOLDEN GATE ESTATES, COLLIER
COUNTY, FL. AND TO PAY FOR THESE IMPACT FEES WITH STATE HOUSING
INCENTIVE PARTNERSHIP (S.H.I.P.) PROGRAM REVENUE FUNDS.
Page 165
RESOLUTION NO. 99- 4 3 6
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING DEFERRAL OF 75%
OF CORRECTONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM
IMPACT FEES, PARKS AND RECREATIONAL FACILITIES 1MPACT
FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES
SYSTEM IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY JORGE
M. MARTINEZ AND AMANDA A. MARTINEZ AT 3640 22"a AVENUE N.
E., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA.
1999
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the }lousing
Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized
to use funding from the State Housing Initiatives Partnership [SHIP] Program for deferral of Collier
County impact fees; and
WHEREAS, Jorge M. Martinez and Amanda A. Martinez are seeking a 75% deferral of impact
fees; and
WHEREAS, Jorge M. Martinez and Amanda A. Martinez will construct a four (4) bedroom unit
(the "Dwelling Unit") at 3640 22"d Avenue, lq. E., Golden Gate Estates in Collier County, Florida which
is proposed to sell for Ninety-Six Thousand Nine Hundred Dollars ($96,900.00); and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WItEREAS, Jorge M. Martinez and Amanda A. Martinez submitted to the office of the Housing
and Urban Improvement Department an Affordable Housing Application dated July 30 , 1999 for
deferral of impact fees for the construction of a house at 3640 22na Avenue, N.E., Golden Gate Estates,
in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement
Department; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; 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 deferral of impact fees by
qualifying for a deferral; and
WHEREAS, Jorge M. Martinez and Amanda A. Martinez have qualified for a 75% impact fee
deferral based upon the following representations made by Jorge M. Martinez and Amanda A. Martinez:
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 moderate income level as that
term is defined in the Appendices to the respective Impact Fee Ordinances and the
monthly payment to purchase the unit must be within the affordable housing guidelines
established in the Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 deferral of impact fees to Jorge M. Martinez and Amanda A.
Martinez for one (1) house which shall be constructed at 3640 22"a Avenue N. E.,
Golden Gate Estates in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Jorge M. Martinez and Amanda A. Martinez, 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 3640 22"d Avenue N. E., Golden Gate Estates in Collier County,
Florida by Jorge M. Martinez and Amanda A. Martinez:
Total Impact Fee 75% Deferred
A. Library Impact Fee $ 180.52 135.39
B. Road Impact Fee 1,379.00 1,034.25
C. Parks Impact Fee 820.84 615.64
D. EMS Impact Fee 14.00 10.50
E. Educational Facilities System 1,778.00 1,333.50
F.. Correctional Facilities Impact Fees 117.98 .... 88.49
Total Impact Fees
$4,290.34 $3,217.77
The deferral of impact fees by Collier County is subject to the execution and recordation
of an Agreement for deferral of Collier County Impact Fees between the property
Owner 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
1999
-2-
At 1999
Market Street Mortgage to Owner in the amount of $95,800.00 is necessary to obtain
financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
Attest as to
sJgnature
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONE)~
COLLIER COUNTY, FLORIDA '-'
By: ~
~AME~,A ~. MAC'KIE, CHAIRWOMAN
jd/c/impactfeefiles/reso/martinez
-3-
EXHIBIT "A"
LEGAL DESCRIPTION
JORGE AND AMANDA MARTINEZ RESIDENCE
THE EAST 75' OF THE EAST 150' OF TRACT 84, GOLDEN GATE ESTATES
UNIT 71, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
-4-
'---18'
I
I
I
1999=- ~o~-o
J.. G-,qL.. [
O~r 71~ tz-~r 7,5'
4'~ Pv'c
I?o0 ~'.£ ~
(_.,.rca/e i,,= to, )
Retn:
CLERK TO THE BOARD
INTEROFFICE 47H FLOOR
El? 72t0
R~¢ORDED in the OFFICIAL RRCORDS of COLLIER COUNTY, PL COPIES 8,00
12/16/1999 at 02:IOPM D~IGH? B, BROCK, CLERK
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into thin'day of
~ , 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Jorge M. Martinez and Amanda A.
Martinez, hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 99-39; the Collier County
Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No.
92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 75%
deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee deferral, and
OR: 2622 PG: 0464
z! 1999
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 99-~ at its regular meeting of ~,~./'~1/ ,1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a moderate 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. The Dwelling Unit shall be the homestead of owner;
2
OR: 2622 PG: 0465
1999
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 $3,217.75 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be
sold only to households meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the deferred impact fees, and upon payment of the deferred impact
OR: 2622 PG: 0 66
1999
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived until said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run with the land and shall remain a lien against the
Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. ShOuld the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that
the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2622 PG: 0467
Except as set forth in Section ?, such lion shall be superior and paramount to the interest
in the Dwelling Unit o£ any owner, lessee, tenant, mortgagee,' or other person except the
lien for County taxes and shah be on parity with the lion of any such County taxes.
Should the OWNER be in default of this A~reement, and the default is not cra'cd ~ithin
thirty {30) days after written notice to OVYNER, tho Board may bring civil action to
en£orce this ^grcerncnt. In addition, the lion may bo foreclosed or othcnvise enforced by
the COUNTY by action or suit in equity as fo]' tho foreclosure of a mortgage on cea{
property. This remedy is cumulative with any other right or rcrncdy available to thc
COUNTY. The Board shah be entitled to recover al! attorney's £ecs, 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/Deferral of Impact Fees on the date and year first above written.
Witnesses:
Print Name
~/15~int Name-~_~ ,~_ ~_ ~
STATE OF
COUNTY OF'
The foregoing instrument was acknowledged before me this /~ day of ,/~~ ,
1999, by Jorge M. Martinez. He is personally known to me-~ ~,,,,,,,,~,~,~ ...... ---¢ype.af~
~) ~s~.
~_j~nature of Persoh Taking Ackn~ledgment
OR: 2622 PG: 0468
1999
Witnesses:
Print Name ~'3
~.~¢int Name ~ff'~
OWNER:
Amanda A. Martinez -'h
COUNTY OF _~,~-~-~:~r' )
of identification) as identification.
The foregoing instrument was acknowledged before me this //~5 day of
1999, by Amanda A. Martinez. She ~ produced,Z)/../4&~$'~-c:~c:.,./-(type
ATTBSTi
DWIGHT E. BROCK, Clerk
Attest as to Chaf~n's
signature only.
Approved as to fo~ ~d
legal sufficiency .
~ei3i~hton ' -
Assist~t Co~ty Attorney
BOARD OF COUNTY COMISSIONJiRS
COLLIE/R~O~TY, FLORIDA /,
PAMELA S. MAC'KIE, C~AIRWOMAN
jd/c/impfee/martinez
6
OR'
2622 PG: 0469
~D~_-i {, 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
JORGE M. MARTINEZ AND AMANDA A. MARTINEZ RESIDENCE
THE EAST 75' OF THE EAST 150' OF TRACT NO. 84 IN GOLDEN
GATE ESTATES UNIT NO. 71, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
7
Jll'- 0'~
__ /8'---,
OR:
2622 PG: 0470 ***
December 14, 1999
Item #16A3
RESOLUTION 99-437 AND AGREEMENT AUTHORIZING 50% WAIVER/50% DEFERRAL OF
IMPACT FEES FOR ONE HOUSE TO BE BUILT BY FRANCISCO F. HERNANDEZ AND
CRISTINA HERNANDEZ AT 5205 WARREN STREET IN NAPLES MANOR ANNEX,
COLLIER COUNTY, FL. AND TO PAY FOR THESE IMPACT FEES WITH STATE
HOUSING INCENTIVE PARTNERSHIP (S.H.I.P.) PROGRAM REVENUE FUNDS.
Page 166
q 1999
RESOLUTION NO. 99- 4 3 7
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY
MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND REGIONAL WATER/SEWER IMPACT
FEES, FOR ONE HOUSE TO BE CONSTRUCTED BY FRANCISCO F.
HERNANDEZ AND CRISTINA HERNANDEZ, AT 5205 WARREN
STREET, NAPLES MANOR ANNEX IN COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Francisco F. Hemandez and Cristina Hemandez are seeking a 50% waiver/50%
deferral of impact fees; and
WHEREAS, Francisco F. Hemandez and Cristina Hernandez will construct a four bedroom
unit (the "Dwelling Unit") at 5205 Warren Street, Naples Manor Annex in Collier County, Florida;
said house is proposed to sell for $96,000.00, and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Francisco F. Hemandez and Cristina Hernandez submitted to the office of the
Housing and Urban Improvement Department an Affordable Housing Application dated September
15, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house at 5205 Warren
Street, Naples Manor Annex, in Collier County, Florida, a copy of said application is on file in the
Housing and Urban Improvement Department; and
WItEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee' Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 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; Section 3.05 of thc Educational Facilities System Impact Fcc
waiver/deferral based upon the following representations made by
Ordinance, Ordinance No. 92-33; and Section 3.04 of the Regional Water and/or Sewer System
Impact Fee Ordinance, Ordinance No. 98-69, an applicant may obtain a 50% waiver/50% deferral of
impact fees by qualifying for a waiver/deferral; and
WHEREAS, Francisco F. Hemandez and Cristina Hemandez have qualified for an impact fee
Francisco F. Hernandez and
Cristina Hernandez:
A. The Dwelling
B. The Dwelling
defined in the
purchase the
Unit shall be owned by a first-time home buyer.
Unit shall be owned by a household with a moderate income level as that term is
Appendices to the respective Impact Fee Ordinances and the monthly payment to
unit must be within the affordable housing guidelines established in the
occupancy is issued.
NOW, THEREFORE, BE IT RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
BOARD OF COUNTY
The Board of County Commissioners hereby authorizes the County Administrator to issue an
Authorization for 50 % waiver/50% deferral of impact fees to Francisco F. Hemandez and
Cristina Hemandez for one (1) house which shall be constructed at 5205 Warren Street, Naples
Manor Annex in Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Francisco F. Hernandez and Cristina Hernandez,
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 5205 Warren Street, Naples Manor Annex in Collier County, Florida by
Francisco F. Hemandez and Cristina Hemandez:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fees: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Water System Impact Fee
Sewer System Impact Fee
Total Impact Fees
1,778.00
1,275.00
1,575.00
$ 7,140.34
Appendices to the respective Impact Fee Ordinances.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
1999
3. The payment of impact fees by Collier County is subject to the execution and recordation of
an Affordable Housing Agreement for payment of Collier County Impact Fees between the
property owner and/or purchaser and the County.
4. Based upon sufficient evidence provided by Owner, Owner has demonstrated that a
subordination of the County's rights, interests and lien to the first mortgage loan to Owner is
necessary to obtain financing to purchase the property.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: 0[C ] ~ 199~
ATTEST~,
DWIGHT E. BROCK, Clerk
Attest is to Chal~n~$
$1g8atur~ onl$,
Approved astoforrnand
legalsufficiency:
Heidi F~ -A'~hton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI~O/~T~.~~ t ~ ~
jd/c/reso/f, hernandez
1999
EXHIBIT "A"
LEGAL DESCRIPTION
FRANCISCO F. HERNANDEZ AND CRISTINA HERNANDEZ RESIDENCE
LOT 2, BLOCK 2, IN NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 1, PAGE 110, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
'E::e-~ 1 zt ~999
Retn:
CLBRK TO THE BOARD
IN?~ROF~ICB JTH FLOOR
BXT 72t0
the O~ICI~L RBCORDS of COLLIBR COUNTY, PL RBC ~88 37.50
at 02:25PH DWIGHT g. BROCK, CLSRK COPIBS 8.00
~ I q 1999
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF
COLLIER COUNTY IMPACT FEES
,~ This,, A. gre~ment for the Waiver of Impact Fees entered into this/~day of
~, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and FRANCISCO F. HERNANDEZ and
CRISTINA HERNANDEZ, hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and Collier County Ordinance No. 98-69, Collier County Regional Water and/or
Sewer Systems Impact Fee Ordinance; as they may be further amended from time to time
hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees
for new owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
OR: 2622 PG: 0523
199
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- p/,~ at its regular meeting of ~//~o/.(/, 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following: .
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
OR:
The Dwelling Unit shall be the homestead of owner;
2622 PG: 0524
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 $7,140.34 pursuant to the Impact Fee
Ordinance. In return for the 50% waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
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.
LIEN. The waived/deferred impact fees shall be a lien upon the property which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
3
OR: 2622 PG: 0525
I 1999
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
4
OR: 2622 PG: 0526
199g
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the OWNER be in
default of this Agreement, and the default is not cured within thirty (30) days after
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or otherwise enforced by the
COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the
Board in enfoming 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/Deferral of Impact Fees on the date and year first above written.
Witnesses: OWNER:
:~<~o /:~rancisci) F. HJrn'and~z' '
COUNTY OF -/~~_~ )
~)~oing instrument was acknowledged before me this 2/ day of
_/-~~ , 1999, by Francisco F. Hemandez. He is personally known to me or
produced /-//.;o'--3--- ,,2 ~ -~J'~- (type of identification) as identification.
OR'
2622 PG:
0527
Witnesses:
OWNER:
Cristina Hemandez
-2//' '.~
STATE OF .,7 _ ~.~a~ng~ )
COUNTY OF' ~,~e~ )
The foregoing instrument was acknowledged before me this 2/ day of z~~ ,
1999, by Cristina Hemandez. She is personally known to me or produced/./_/.. A"~'--?,~,e,--~e(type of
identification) as identification.
~ MY COMMISSION · CC 739612
:'~,t~e EXPIRES: 05t30/2002
1999
ATTEST:."
DWIGHT !E, BROCK, Clerk
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and
legal sufficiency
~Ieidi F. As[aton
Assistant County Attorney
jd/c/agreements/f, hemandez
OR: 2622 PG: 0528
, ~'~---- ~ ~ 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
FRANCISCO F. AND CRISTINA HERNANDEZ RESIDENCE
LOT NO. 2, BLOCK 2, IN NAPLES MANOR ANNEX, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 110, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
*** OR: 2622 PG: 0529 ***
~'~ ~ 1999
IL'L= 2 ~ ~
December 14, 1999
Item #16A4
RESOLUTION 99-438 & RESOLUTION 99-439 AND AGREEMENTS AUTHORIZING 100%
WAIVER OF IMPACT FEES FOR TWO VERY LOW INCOME SINGLE FAMILY HOUSES TO
BE BUILT IN THE SEMINOLE SUBDIVISION IN IMMOKALEE, COLLIER COUNTY,
LOTS 10 & 12, BLOCK A, SEMINOLE SUBDIVISION, PLAT BOOK 1, PAGE 31, BY
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. AND TO PAY FOR THESE
IMPACT FEE WAIVERS WITH STATE HOUSING INCENTIVE PARTNERSHIP (S.H.I.P.)
PROGRAM REVENUE FUNDS.
Page 167
RESOLUTION NO. 99- 4 3 8
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,
CORRECTIONAL FACILITIES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 10, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and
innovative programs to assist in the provision of such housing by including several provisions in the Collier
County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3,
policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy
2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code;
and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact
fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 10, Block A, Seminole Subdivision in Immokalee which is proposed to sell for
Forty-Six Thousand Five Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October
17, 1999 for a waiver of impact fees for the construction cfa house on Lot 10, Block A, Seminole Subdivision in
Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance
No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance
No. 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; Section 3.05
of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, and Section 3.04 of the
Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact
fees by qualifying for a waiver; and
- 1
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based
upon the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices
to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain aflbrdable 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 Habitat for Humanity of Collier County, Inc. for one
(1) house which shall be constructed on Lot 10, Block A, Seminole Subdivision in Immokalee,
Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 10, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of
Collier County, Inc.:
A. Library Impact Fee
B. Road Impact Fee
C. Parks Impact Fees
D. EMS Impact Fee
E. Educational Facilities System
Impact Fee
F. Correctional Facilities Impact Fee
TOTAL IMPACT FEES
3.
$ 180.52
1,379.00
820.84
14.00
1,778.00
117.98
$4,290.34
The payment of impact fees by Collier County is subject to the execution and recordation of
an agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
This Resolution adopted after motion, second and majority vote thvoring same.
· ~e,.- 1 ~ 1999
ATTEST:
"DWIGHT:E/BRocK, Clerk
Attempt ~s.to Chairman's
Approved as to fo~ and
legal sufficiency:
Helldi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~/~~~
/ff'~I~EEA ff. MrACr'KIE, C~/~IRWOMAN
jd/c/seminole/reso
- 3 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 10, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE,
ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN
PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER
COUNTY FLORIDA.
I,
iz#
1999
I
!
I
!
!
I
!
!
!
!
IJ'I
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this/t.f.'-~lay of ~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County
Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as
amended, the Collier County Emergency Medical Services System Impact Fee Ordinance;
Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee
Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational
Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier
County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time
to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of
impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requiSite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- ~t~ ~ at its regular meeting of ~/pt' , 1999; and
- 1 -
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY. ~ ~ 1~
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 are 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. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner Of record of the Dwelling Unit and owes impact
fees in the total amount of $4,290.34 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance. . ]~'r__ '~ ~ ~
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) 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
- 3 -
impact fees due within thirty (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
fifteen (15) days after notice of the violation. T)er_ ~ /~ 1~,~13
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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
~16rint Same~
OWNERS:
HABITAT FOR HUMANITY OF
,f
~" Samuel J, flSurso, M.D., President
1999
STATE OF Florida .)
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this /tO day of .,/],,/t9/.J , , 1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
Si.g'/p'~ure of Person Taking Acknowle~gmen~ *~r~* ~ JO^NsE;~L-~E-V- --~
[NOTARIAL SEAL]
~" ( ~,..~O~ MY COMMISSION ~ ~ 73~i2
, ~l~o[~ S~c~ & ~ding Co.~
- N~e of Ac~owledger Typed, Printed or Stamper - ~~~
ATTEST:.
DwIGHT.E, BROCK, Clerk
Approved as to fo~ and
legal sufficiency
H'~ldi F.'~A~'hton '
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~~
' Pg~MELArS. MAC'KIE, CH/AIRWOMAN
jd/c/seminole/agree
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 10, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE,
ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED
IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
%dr'I
1999
RESOLUTION NO. 99- 4 3 9
1999
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,
CORRECTIONAL FACILITIES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
INC., ON LOT 12, BLOCK B IN SEMINOLE SUBDIVISION, IMMOKALEE.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and
innovative programs to assist in the provision of such housing by including several provisions in the Collier
County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3,
policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy
2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code;
and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact
fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 12, Block B, Seminole Subdivision in Immokalee which is proposed to sell for
Forty-Six Thousand Five Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc.,
submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated October
17, 1999 for a waiver of impact fees for the construction of a house on Lot 12, Block B, Seminole Subdivision in
Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance
No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance
No. 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; Section 3.05
of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, and Section 3.04 of the
Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact
fees by qualifying for a waiver; and'
! 1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fj~ waiver based
upon the following representations made by Habitat for Humanity of Collier County, Inc.:
^. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices
to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable tbr 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 Habitat for Humanity of Collier County, Inc. for one
(1) house which shall be constructed on Lot 12, Block B, Seminole Subdivision in Immokalee,
Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of
impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 12, Block B, Seminole Subdivision in Immokalee by Habitat for Humanity of
Collier County, Inc.:
A. Library Impact Fee
B. Road Impact Fee
C. Parks Impact Fees
D. EMS Impact Fee
E. Educational Facilities System
Impact Fee
F. Correctional Facilities Impact Fee
TOTAL IMPACT FEES
3.
$ 180.52
1,379.00
820.84
14.00
1,778.00
117.98
$4,290.34
The payment of impact ~es by Collier County is subject to the execution and recordation of
an agreement for waiver of Collier County Impact Fees between the property owner and/or
purchaser and the County.
- 2 -
This Resolution adopted after motion, second and majority vote favoring same. % 1 q 1999
.DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
~,~[ t as t:o Chslrnan'$
slg~a~;ure o~l,y.
Approved as to form and
legal sufficiency:
I4eidi F .-~ sh'i'on
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~
PAMELA S. MAC'KIE, CHAIRWOMAN
/
jd/c/seminole/reso
- 3
1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 12, OF BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE,
ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN
PLAT BOOK l, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER
COUNTY FLORIDA.
- 4 -
I S..rI
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thist'~/3~ay of/~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County
Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as
amended, the Collier County Emergency Medical Services System Impact Fee Ordinance;
Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee
Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier County Educational
Facilities System Impact Fee Ordinance; and Collier County Ordinance No. 99-52, the Collier
County Correctional Facilities Impact Fee Ordinance, as they may be further amended from time
to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of
impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact.fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-/7/r.J? at its regular meeting of ~__~./~/flJ~q , 1999; and
- 1 -
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY. -['~c... '[
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 are 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.
following:
REPRESENTATIONS AND WARRANTIES.
bo
OWNER represents and warrants the
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $4,290.34 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
- 2 -
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance. ~)t_.c.- '[ 1~ l[t[t[l
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent pumhaser, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by girl 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 Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) 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
- 3 -
impact £ees due within thh'ty (30) days o£ said non-compliance, or (2) where OWNER violates
one o£ the affordable housing qualification criteria in the ]mpact Fee Ordinance £or a period of
fifteen (15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
ame"--~
~l~int Name
OWNERS:
HABITAT FOR HUMANITY OF
Samu' ~ el J~)urso, M.D., President
- 4 -
STATE OF Florida .)
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this /t9 day of ~',o!/ ,1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
. [NOT'AL SEAL]
,
Sis~a{ure of Person Taking Acknowledgment ~
Name ofAc~owledger T~ed, Pfinteo or
DATED: ~J[C ~ q !99ff
ATTEST:
DWIGHT E: BROCK, Clerk
signature' onll.
Approved as to fo~ and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~l~'
H AN
jd/c/seminole/agree
- 5
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 12, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE,
ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED
IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
- 6 -
December 14, 1999
Item #16A5
RESOLUTION 99-440 THROUGH RESOLUTION 99-445 AND AGREEMENTS
AUTHORIZING 100% WAIVER OF IMPACT FEES FOR SIX VERY LOW INCOME SINGLE
FAMILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER COUNTY, LOTS 23, 24
& 25, BLOCK 14, NAPLES MANOR ADDITION, PLAT BOOK 3, PAGE 68; LOTS 3 &
4, BLOCK 15, NAPLES MANOR ADDITION, PLAT BOOK 3, PAGE 68; AND LOT 16,
BLOCK 18, NAPLES MANOR LAKES, PLAT BOOK 3, PAGE 87, BY HABITAT FOR
HUMANITY OF COLLIER COUNTY, INC. AND TO PAY FOR THESE IMPACT FEE
WAIVERS WITH STATE HOUSING INCENTIVE PARTNERSHIP (S.H.I.P.) PROGRAM
REVENUE FUNDS.
Page 168
RESOLUTION NO. 99- 4 4 0
1999
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 23, BLOCK 14, NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 23, Block 14, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 23, Block 14 Naples Manor Addition, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very iow income level as that term is defined in
the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit
must be within the affordable housing guidelines established in the Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 23, Block 14 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 23, Block 14
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
o
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
2
1999
This Resolution adopted after motion, second and majority vote favoring same.
DATED: 0EC iq !99~
ATTEST: .....
DWIGHT E. BROCK, Clerk
He'df F.T~sh~on
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:f~~~~
~PAMELA S. MAC'KIE, CHAIRV/OMAN
/
jd/c/Naples Manor Addition/reso
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 23 OF BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
I~etn: /-bb Jb UR: /b/g Ub b
CLgRK ?0 ~B B0~RO RB~0R~0 in the 0~)ICI~L R~C0R~ 0f ~0LLIBR C0U~I, )L ~)~ ~B! 33.00
AG~ENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
l 1999
This A~ree~ent for thc ~a~vcr of Impact Pees entered into th~y of ~ ]999, by and
5e~een the Board of County Commissioner~ of Collier County, P]o~da, hereina~er fore,ed to
as "CO~TY" and ~abitat 'For ~u~a~(t~ of ~ol]~er County, Inc., hereinafter roFe~ed to
"O~H~."
~]TNESSETH:
~H~AS, Collier CounW Ordinance ~o. 98-69, the Collier County ~e~onal ~ater
and/or Se~er S7~te~ I~pact Poe Ordinance; ~o]lior County Oral(hartco ~o. 88-97, as a~e~ded,
the Collier County ~5ra~ Syste~ Impact Poe Ordinance; Collier County Ordinance ~o.
the Collier County Parks ~d ~ecrcat~ona] PacUitie~ Impact Poe Ordinance; Collier County
Ord~n~ce ~o. 91-71, as amended, the Collier County Emergency ~edica] Se~icc~
Impact ~ee Ordinance; Collier County Ordinance ~o. 92-22, a~ ~ended, the ~oIlier County
~oad Impact Poe Ordinance; Collier County Ord~n~ce No. 92-33, a~ a~ended, the
Cowry Educational PaciIit~e~ S%~te~ Impact Poe Ordinance; and Collier County Ordinance ~o.
99-S2, the Co]]~er County Co~ectiona] ~acil~t~e~ I~pact Poe Ordinance, as they ~ay he
amended ~o~ time to ti~e hero,namer collectively refe~ed to a~ "Impact Poe Ord(n~ce",
provide for ~aiver~ of ~mpact fees for ne~ o~ner-occup~ed d~eII~n~ unit qual~n~
affordable housing; ~d
~E~AS, O~ ha~ applied for a ~a~ver of impact fee~ a~ required 57 the I~pact
Poe Ord~n~ce, a copy of said application bcin~ on ~le in the or, ce of Hou~in~ and Urban
Improvement; ~d
~H~AS, the Co~ Adm~ni~ator or h~ dc~i~ee ha~ reviewed the
application ~d ha~ fo~d that it compl~e~ with thc rcquiremcnt~ for ~ affordable hou~in~
of impact fec~ as e~tah]i~hed in the Impact Poe Ord~n~ce; ~d
~H~AS, the impact fee ~aiver shah be presented in l~cu of pa~ent of the requ~s~te
~mpact fees ~ubject to ~at(sfact~on of a]l c~te~a in the I~pact Poe Ordinance qualify~n~ the
project as e]~ibIe for ~ impact fee ~a~vcr; ~d
- 1 -
OR: 2622 PG: 05zt7
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- (~tr~rt~ at its regular meeting of ~ ., 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, .in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are tree 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 are 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. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact'
fees in the total mount of $7,140.34 pursuant to the Impact Fee
- 2 -
OR: 2622 PG: 0548
Ordinance. In return for thc waiver of the impact fees owed by OWNER
OWNER covenants and agrees to comply with the affordable hous,,g
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, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale Or transfer by gif~ 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 Impact 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 -
OR: 2622 PG: 0549
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
! 1999
fails to sell the Dwelling Unit in accordance with the affordable housing standards ,m~
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (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
fifteen (15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other fight or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
Print Name
(..~'i nt Name
OWNERS:
HABITAT FOR HUMANITY OF
C 0 LL I E R C O~T~:~q;~G-¢
~3amuel .-J~Durso, M. D., President
- 4 -
OR: 2622 PG: 0550
~ 1 ~ 1999
STATE OF Florida )
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this /o day of . .-4"'~ ~-'. ,1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL. SEAL] Si~t, fi're of Person Taking Acknowledgm~t
~: I ~01: IL~; EXPIRES: 05/30,r2.002
~ I-~.~JO-3-NOTARY Fla Noilly S~'rvic~ & Bonding Co
.. Name of Acknowledger Typed, Printed or
DATED:
ATTEST:,
" DWIGHT E, BROCK, Clerk
· ,,,_tte},t. ~s '~t~,.Chatrean' s
Approved as to fo~ and
legal sufficiency
hC~e~di~ F~ -As-hton "
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, CIJAIRWOMAN
jd/c/naples manor addn/agree
- S -
OR: 2622 PG: 0551
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 23, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
OR: Z~ZZ P~: O~Z ~
~ 1 ~ 1999
· ~ . .-i. 'x '; .,,,,~.. · .. ',~n rtl
:M '"t'~ · -
· , % "' :~0 -I
.......... -~'C' ~ I~-
y--k-~--- ....... -. .... ~. ~
I · ~ "
· l, ' ' ' · : I .z
' -- F ~Z,~
~1) ). 6 ,I.,, ~ E ~ I
~-' ".~ ~ ~ ~~~'~ }: ,' 2'"" '
..."~ .-- ~ ~ "-' '~"~ 'Z.'.~ '
RESOLUTION NO. 99- 4 41
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 24, BLOCK 14, NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 24, Block 14, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 24, Block 14 Naples Manor Addition, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 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; Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 24, Block 14 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 24, Block 14
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
13. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
· ~ 1 q 1999
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST: ,.,,,
DWIGHT E, BRO, CK, Clerk
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COL/~ COUNTY, FLORIDA ~ !
:~A~OMAN
jd/c/Naples Manor Addition/reso
3
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 24 OF BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
UW
W
0 ~_~-~
Zu
.{
I~O~IC~ l~H ~LOOR 12/16/1~9 at 02:25P~ D~IGHT !. BROCK, CL[RK COPIR~ 7.00
This Agreement for the Waiver of Impact Fees entered into thi~,q__"'day of ~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat For Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNE S SETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended,
the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39,
the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
OR: 2622 PG: 0554
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- .~.,t/? at its regular meeting of ~...~,,~.~//, 1999; and ~ ~ 1t
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 are 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.
following:
OWNER represents and warrants the
eo
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
- 2 -
OR: 2622 PG: 0555
Ordinance. In return for the waiver of the impact fees owed by
1 zt 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, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by girl 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 Impact 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 -
OR: 2622 PG: 0556
11. DEFAULT. OWNER shall be in default of this Agreement (1) where
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 due within thirty (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
fifteen (.15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board maybring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
P~nt Name
/l~int Name
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COE~TY~./~>~ ~ ~
- 4 -
OR: 2622 PG: 0557
~ 1 q 1999
STATE OF Florida )
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this ]t~ day of ./l/z9 i/ o ,1999
by Samuel J. Durso, M. D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] S{~ture of Person ~
Taking AcknSwledgment
Name of Acknowledger Typed, Printed or Stam
DATED:
..,'"ATTEST:
'DWIGHT E. BROCK, Clerk
' ':~' ;-~ : .' ,
%.',~test as to.-Ch'at~n's
Approved ~ to fo~ and
legal sufficiency
Heldl F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~H~IRWOMAN
jcl/c/naples manor addn/agree
- 5 -
OR: 2622 PG: 0558
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 24, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
*** OR: 2622 PG: 0559
RESOLUTION NO. 99- 4 4 2
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY ItABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 25, BLOCK 14, NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 25, Block 14, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M. D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 25, Block 14 Naples Manor Addition, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 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; Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 25, Block 14 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 25, Block 14
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
o
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
2
1999
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 25, Block 14 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 25, Block 14
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
o
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25 OF BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
1999
-,%
.%
CLBRK TO THB BOARD RBCORDI.D in the O~HCI~L RBCORDS of COLLIBR COUN~, ~L
IRTEROFFIC8 4TH ~LOOR 12/15/1999 at 02:25PH DWIGHT ~. BROCK, CLBRK
AG~ENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
COPIBS 7.00
! 1999
This A~eement for the Waiver of Impact Fees entered into this~ay of ,Y~ 1999, by and
behveen the Board of County Commissioners of Collier County, Florida, hereinafter refen'ed to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended,
the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39,
the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
OR: 2622 PG: 0561
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
1999
Resolution No. 99- ,¢/(~ at its regular meeting of ~/t ~,/, 1999; and ~
'WHEREAS, the Impact Fee Ordinance requires that the OVvTqER 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.
LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
o
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.
REPRESENTATIONS AND WARRANTIES.
bo
following:
OWNER represents and warrants the
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fifteen (1~5)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
- 2 -
OR: 2622 PG: 0562
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable hot, o~-r ~
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, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF'LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by girl 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 Impact 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 Coumy, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 -
OR: 2622 PG: 0563
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OW
1999
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 due within thirty (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
fifteen (15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
.P in~t ~ame
C~nnt Name
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER ~T~"~ ..
Samuel~ M---~., ~t
- 4 -
OR: 2622 PG: 056
STATE OF Florida .)
COUNTY OF Collier )
1999
The foregoing instrument was acknowledged before me this /rD day of ,,/-icj ~ · ,1999
by Samuel J. Durso, M.D., PreSident of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] Sign~c)~l~e of Person Taking Acknowled~x]ent
I .~}.~.II~,~aL~ MY COM~II~ION ' CC 73~1~
Name of Acknowledger Typed, Printed or
DATED:
ATTEST*.',,,
DWIGH,T.E. BROCK, Clerk
Approved as to fo~ ~d
legal sufficiency
H['l~i F."A~hton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
jd/c/naples manor addn/agree
- 5 -
2622 PG:
0565
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25, BLOCK 14, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED 1N PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
M i~' u<
ULd
RESOLUTION NO. 99-4 4 3
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 3, BLOCK 15, NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 3, Block 15, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, .M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 3, Block 15 Naples Manor Addition, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 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; Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
I q 1999
WItEREAS, Itabitat for Humanity of Collier County, Inc. has qualified for an impact tee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 3, Block 15 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 3, Block 15
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
o
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
App~0~e'~ as to fo~ and
legal sufficiency:
H~idi F.~Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~,/
~/A~I~EL,~ S. MAC'KIE, CHAI/RWOMAN
jd/c/Naples Manor Addition/reso
3
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3 OF BLOCK 15, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
1999
CLSRK TO THE BOARD RECORDED in the O~FICIAL RECORDS of COLLISR COUH?Y, FL REC F~E
IH?BROFFIC! ~,?B FLOOR12/16/1999 at. 02:25Pii D~ilGIIT E. BROCK, CLERE COPIES
, c ENT or co .. R COUNTY 1
33.00
?.00
1999
this/t/
This Agreement for the Waiver of Impact Fees entered into day of ~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended,
the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39,
the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an' impact fee waiver; and
- 1 -
OR: 2622 PG: 0568
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99-/,/~/.~ at its regular meeting of ~ fit?/ ,1999; and Dec. ! l~
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 are 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.
OWNER represents and warrants the
4. REPRESENTATIONS AND WARRANTIES.
following:
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
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'
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
- 2 -
OR: 2622 PG: 0569
Ordinance. In retum for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable ho '])e~ ~
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, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and ilfteen (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, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 -
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 due within thirty (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
fifteen (15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
Print Name
Print Name
OWNERS:
HABITAT FOR~I,HUMANITY OF
COLLIER~ffN~
'~ ~'amuel J. 1~;~o, M.D., President
- 4 -
7.622 PG: 0571
STATE OF Florida .)
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this ,/t9 day of ,/}/t9 ~' ,1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] SS'gfi'ature of Person Taking Acknowl~dgment~-~-----~-~-~------~----}
~ ~ E DALBEY }
~ ~ ~ ~ MY COMMISSION # CC 739612 ~
-- ~ ' - ~ t'~-o{ael:s~'NOTARY Fla Notary Servsces & Bonding Co
Name of Acknowledger Typed, l-'nnteo or ~t~___,_ _--_-_- - = - -,' < _ _ _'_ ~_J
DATED:
~.. .ATTEST.:.
, 'DWIGH-T E. BROCK, Clerk
'. - ~hatman's
'$~ga'ata~,-e 'on'lj'
Approved as to fo~ and
legal sufficiency
He~d~ F. As~ton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~A' ' N
jd/c/naples manor addn/agree
- S
OR: 2622 PG: 0572
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 15, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
*** OR:
2622 PG: 0573
.%
II
;{nO q
o~O_
IffO
Pll'l' ·
~o~
4I
for'
o~ ~0o
': ~__.
C
RESOLUTION NO. 99- 4 4 4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLtER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 4, BLOCK 15, NAPLES MANOR ADDITION,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 4, Block 15, Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 4, Block 15 Naples Manor Addition, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 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; Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact tee waiver based upon
the following representations made by Habitat for Humanity of Collier County, Inc.: ,
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 4, Block 15 Naples Manor Addition, Collier County, Florida.
2. Upon receipt by the HOusing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 4, Block 15
Naples Manor Addition by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
2
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
"".. Attest :.is: to 'Chat rman' s
$lgaature, only.
Approved as to form and
legal sufficiency:
l!leidi F.- ~s-htofi '
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:~
~MELA S. MAC'KIE, CHAIR:OMAN
jd/c/Naples Manor Addition/reso
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4 OF BLOCK 15, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
I~ '~ .~ :]:rO(
--~.~ .... -.-- ~ ~0
0
0
~ O
O
O ~
I O
2569839 OR: 2622 PG: 0574
AG~ENT FOR W~R OF COLLIER COUNTY IMPACT FEES
?,00
DEC 1 1999
This Agreement for the Waiver of Impact Fees entered into this~z~ day of ~ 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereiaafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter ~refc~ed to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as arn,aaded,
the Collier County Library System Impact Fee Ordinance; Collier Couaty Ordinance No. ¢9-39,
the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier G~unty
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services S~stem
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as mended, the Collier Cr~unty
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Correctional Facilities Impact Fee Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as
affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
- 1 -
OR: 2622 PG: 0575
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution mo. 99- q /q at its regular meeting of /~. /¢ ,1999;and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter
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 tree 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 are 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:
into an
bo
eo
The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
The Dwelling Unit shall remain as affordable housing for fitteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
- 2 -
OR: 2622 05?6
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
pEc 999 OR: 2622 PG: 0577
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 due within thirty (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
fifteen (15) 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
thirty (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 for fifteen (15) years fi'om the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other fight or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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.
Wimesses:
Print Name /~
~l~int Name ,j~-~- ,,
OWNERS:
HABITAT FO]g HUMANITY OF
COLLIER ~UNT~~
~amuel J/t~urso, M.D., President
- 4 -
OR: 2622 PG: 0578
[IRC ! ~ 1999
STATE OF Florida ,)
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this ,,tO day of/qf~ V'. ,1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL]
e of Pexso~,
MY COMMISSION $' CC 739612
Name of
DATED: DEC ~ ~ 199~
ATTEST:
~" ,2..DWIGHT E. BROCK, Clerk
-~ ~,. ! .-,.,;'. '; ,: .
_ : , r ', - , ... ,.~,.~
?-.j :. ~, ' :.. :~
'~X~P~;;¢~d a~ to fo~ and
legal sufficiency
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
MAN
jd/c/naples manor addn/agree
- 5 -
OR: 2622 PG: 0579
DEC 1 ~ 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 4, BLOCK 15, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
OR: 2622 PG: 0580 ***
DEC 1 ~ 1999
RESOLUTION NO. 99- 4 4 5
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER AND/OR
SEWER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAl. FACILITIES
SYSTEM IMPACT FEES AND CORRECTIONAL FACILITIES IMPACT FEES FOR
ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC., ON LOT 16 BLOCK 18, NAPLES MANOR LAKES,
COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low, and very-low income households in the County and the need for creative and innovative
programs to assist in the provision of such housing by including several provisions in the Collier County Growth
Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program
set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
"Dwelling Unit") on Lot 16, Block 18, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand Five
Hundred Dollars ($46,500.00); and
WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a
minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
WHEREAS, Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc., submitted to
the Office of Housing and Urban Improvement an Affordable Housing Application dated September 10, 1999 for a
waiver of impact fees for the construction of a house on Lot 16, Block 18 Naples Manor Lakes, a copy of said
application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fcc Ordinance, Ordinance No. 88-97, as
amended; Section 4.05 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; Section 3.05 of the Educational Facilities
System Impact Fee Ordinance, Ordinance No. 92-33, as amended; Section 3.04 of the Correctional Facilities Impace
Fee Ordinance, Ordinance No. 99-52, an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
the following representations made by Habitat tbr Humanity of Collier County, Inc.:
A. The Dwelling Unit shall be sold to a first-time home buyer.
B. The Dwelling Unit shall be sold to 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 Appendices to the respective Impact
Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 Habitat for Humanity of Collier County, Inc. for one (1)
house which shall be constructed on Lot 16, Block 18 Naples Manor Lakes, Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, 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 on Lot 16, Block 18
Naples Manor Lakes by Habitat for Humanity of Collier County, Inc.:
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
F. Water Impact Fee 1,275.00
G. Sewer Impact Fee $1,575.00
H. Correctional Facilities Impact Fee 117.98
TOTAL IMPACT FEES $7,140.34
The payment of impact fees by Collier County is subject to the execution and recordation of an
agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser
and the County.
1999
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTESTi"
DWIGHT E. BROCK, Clerk
ApprOved,as t6'fom and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ,. /'".
~AMELA S. MAC'KIE, CHAIRW/OMAN
/
jcl/c/Naples Manor Lakes/reso
1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 16 OF BLOCK 18, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
4
','4
INTgiOFPICg 4TH FLOOR 12/15/1999 at 02:25PN DWIGHT B. BROCK, CLSRK COPIES
~2T 7210
AG~E~ENT FOR WAIVER OF COLLIER COUNTY I~PACT FEE~
·
This Agreement for the Waiver of Impact Fees entered into this/~day of 1999, by and
be~een the Bo~d of Coun~ Commissioners of Collier County, Florida, hereinafter refe~ed to
as "CO~TY" and Habitat for Humanity of Collier County, Inc., hereina~er refe~ed to as
WITNESSETH:
~E~AS, Collier County Ordinance No. 98-69, the Collier County Regional Water
an~or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No~ 88-97, as amended,
the Collier County Libra~ System Impact Fee Ordinance; Collier County Ordinance No. 99-39,
the ~Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County
Ordin~ce No. 91-71, as mended, the Collier Co~ty Emergency Medical Se~ices System
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact Fee Ordinance; and Collier County Ordinance No.
99-52, the Collier County Co~ectional Facilities Impact Fee Ordinance, as they may be ~her
amended ~om time to time hereina~er collectively refe~ed to as "Impact Fee Ordin~ce',
provide for waivers of impact fees for new o~er-occupied dwelling unit qualifying as
affordable housing; ~d
~E~AS, O~R has applied for a waiver of impact fees as required by the Impact
Fee Ordin~ce, a copy of said applicmion being on file in the office of Housing ~d Urban
Improvement; ~d
~E~AS, the Co~ Administrator or his desi~ee has reviewed the O~ER's
application ~d h~ fo~d that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
~E~AS, the impact fee waiver shall be presented in lieu of pa~ent of the requisite
impact fees subject to satisfaction of all cdteda in the Impact Fee Ordin~ce qualifying the
project as eligible for an impact fee w~ver; ~d
33.00
~.00
- 1 -
OR: 2622 PG: 0582
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- ,t/~/,ot~at its regular meeting of ~_ '_.,g~.~ //~d/ , 1999;t '~.-~ 1~ ~}~}[~
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 tree 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 are 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. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact'
fees in the total amount of $7,140.34 pursuant to the Impact Fee
- 2 -
m9 OR: 2622 PG: 0583
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, 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.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by girl 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 Impact 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 fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 -
999 OR: 2622 PG: 0584
11. DEFAULT. OWNER shah be in defau|t of this Agreement (1) where OVFNER
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 due within thirty (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
fifteen (15) 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
thirty (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 for fifteen (15) years from the date of issuance of the certificate of occupancy or 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
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
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:
ame//v~ r.~
~t~int Name ~.Y-~
OWNERS:
HABITAT FOR HUMANITY OF
¢
COLLIER GOUN~Y-. INC~. w
- 4 -
OR: 2622 PG: 0585
STATE OF Florida )
COUNTY OF Collier .)
The foregoing instrument was acknowledged before me this /C9 day of .M_/~ b/, ,1999
by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL]
Sigafi~tu(e of Person Taking Acknowledgm~t
'~' · ~'- -%' OANNE DALBEY
MY ~MMISSION ~ CC 73~12
{ b~4*NOTARY
.......... '' ~ ~n~ Co.~
Name ofAc~owledger T~ed, Printed or Stamped
DATED: ~.}E., t t! Lq,q~
ATTEST:
DWIGHT E. BROCK, Clerk
!. l~
Attest as to. Chairman's
slgeature on15.
Approved as to form and
legal sufficiency
I~eidi F.-Xshton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ' ~
~MAN
jcl/c/naples manor lakes/agree
- 5
OR'
2622 PG: 0586
~_~._' ~ ~ 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 16, BLOCK 18, NAPLES MANOR LAKES, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
- 6 -
SF
1999
o
December 14, 1999
Item #16A6
RESOLUTION 99-446 AND AGREEMENT AUTHORIZING 50% WAIVER/50% DEFERRAL OF
IMPACT FEES FOR ONE HOUSE TO BE BUILT BY JUAN MARANTE AT 3811 GOLDEN
GATE BOULEVARD IN COLLIER COUNTY, FL. AND TO PAY FOR THESE IMPACT FEES
WITH STATE HOUSING INCENTIVE PARTNERSHIP (S.H.I.P.) PROGRAM REVENUE
FUNDS o
Page 169
RESOLUTION NO. 99- 4 4 6
r ~ ~ ~ ~ 1999
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50%
DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY
MEDICAL SERVICES IMPACT FEES, AND
FACILITIES SYSTEM IMPACT FEES FOR ONE
CONSTRUCTED BY JUAN MARANTE, AT 3811
BOULEVARD, IN COLLIER COUNTY, FLORIDA.
EDUCATIONAL
HOUSE TO BE
GOLDEN GATE
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need for
creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
Collier County impact fees; and
WHEREAS, Juan Marante is seeking a 50% waiver/50% deferral of impact fees; and
WHEREAS, Juan Marante will construct a three bedroom unit (the "Dwelling Unit") at 3811
Golden Gate Boulevard, in Collier County, Florida; which is proposed to sell for EIGHTY EIGHT
THOUSAND NINE HUNDRED AND EIGHTY EIGHT DOLLARS ($88,988.00), and
WHEREAS, the Dwelling Unit will be owned by a low income household, and
WHEREAS, Juan Marante submitted to the office of the Housing and Urban Improvement
Department an Affordable Housing Application dated August 15, 1999 for a 50% waiver/50% deferral
of impact fees for the construction of a house at 3811 Golden Gate Boulevard in Collier County,
Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee
Ordinance, Ordinance No. 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; Section 3.05 of the Educational Facilities System Impact Fee
Ordinance, Ordinance No. 92-33; an applicant may obtain a 50% waiver/50% deferral of impact fees
by qualifying for a waiver/deferral; and
WHEREAS, Juan Marante has qualified for an impact fee waiver/deferral based upon the
following representations made by Juan Marante:
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 moderate income level as that term is
defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
purchase the unit must be within the affordable housing guidelines established in the
Appendices to the respective Impact Fee Ordinances.
C. The Dwelling Unit shall be the Homestead of the owner.
D. The Dwelling Unit shall remain affordable for 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 50 % waiver/50% deferral of impact fees to Juan Marante for one (1) house
which shall be constructed at 3811 Golden Gate Boulevard in Collier County, Florida.
2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
waiver/50% deferral of impact fees signed by Juan Marante, 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 3811 Golden Gate
Boulevard, in Collier County, Florida by Juan Marante:
A. Library Impact Fee $ 180.52
B. Road Impact Fee 1,379.00
C. Parks Impact Fees: 820.84
D. EMS Impact Fee 14.00
E. Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Total Impact Fees
f
Fo
1,778.00
117.98
$ 4,290.34
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
Equity Financial Group to Owner in the amount of $97,867.00 is necessary to obtain
financing to purchase the Dwelling Unit.
2
.~De~-i ~ 1999
Equity Financial Group to Owner in the amount of $97,867.00 is necessary to obtain
financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
· DWIGHT E. BROCK, Clerk
'-~.Att~ ~s to Chairman's
Signature o~l.y. '
.,Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ,~~~~~
~I~AME~'A S. MAC'KIE, CHAIR?MA~
jd/c/reso/rnarante
3
EXHIBIT "A"
LEGAL DESCRIPTION
JUAN MARANTE RESIDENCE
THE WEST 105 FT. OF TRACT 135 IN GOLDEN GATE ESTATES UNIT 77,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5,
PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
4
~414064~5
LA DULNIA HUME5
Retn:
CLBR~ TO TH[ BOARD
INT~ROFFICR i?H FLOOR
/.30JO0 XO/.X
RR¢ORDRD in the O~IClAL R~ORD~ of COLLI~ ~OUR~T, ~ R~C ~ ~7.50
12/16/19~9 at 02:25PN ~NIG~ ~. BROCL ~LBR~ COPIES 8.00
t 1999
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this ],~ day of
~, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and JUAN MARANTE, hereinafter
referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and Collier County Ordinance No. 98-69, as they may be further amended from time
to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of
impact fees for new owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
OR: 2622 PG: 0531
1999
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee waiver/deferral and
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99- ~tpt~,, at its regular meeting of ~/4/' , 1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by .reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a.
Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appendices to the Impact Fee Ordinance;
Owner is a first-time home buyer;
o
o
OR:
The Dwelling Unit shall be the homestead of owner;
2622 PG: 0532
1 1999
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 $4,290.34 pursuant to the Impact Fee
Ordinance. In return for the 50% waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
Ordinance.
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.
LIEN. The waived/deferred impact fees shall be a lien upon the property which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
OR: 2622 ?G: 0533
'1999
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
4
OR: 2622 PG: 0534
'~- t q 1999
shall be paid in full by OWNER within 30 days of said non-compliance. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
Except as set forth in Section 7, such lien shall be superior and paramount to the
interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person
except the lien for County taxes and shall be on parity with the lien of any such
County taxes. Should the OWNER be in default of this Agreement, and the default is
not cured within thirty (30) days after written notice to OWNER, the Board may bring
civil action to enforce this Agreement. In addition, the lien may be foreclosed or
otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure
of a mortgage on real property. This remedy is cumulative with any other right or
remedy available to the COUNTY. The Board shall be entitled to recover all
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/Deferral of Impact Fees on the date and year first above written.
Witnesses: OWN~~~fa~ ~/~~
STATE OF '7~/~ )
COUNTY O~ ~ )
The foregoing instrument was acknowledged before me this c,~4," day of
., 1999, by Juan Marante. He is personally known to me-or v
- ------635,6-0f'] .... :"--':
OR: 2622 PG: 0535
~ ! q 199g
DATEI~.E(; 'i ii )~9§
ATTEST:
DWIGHT E, BROCK, Clerk
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
PAN. LA S. MAC'KIE, CHAIR/WOMAN
/
jd/c/agreements/marante
6
OR: 2622 PG: 0536
EXHIBIT 'A'
LEGAL DISCRIPTION
JUAN J. MARANTE
THE WEST 105 FT. OF TRACT 135 IN GOLDEN GATE ESTATES UNIT
77, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 5, PAGE 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7
18:49
9414554995
LA QUINTA HOHES
Z
PAGE
1999
82
December 14, 1999
Item #16A7
RESOLUTION 99-447 AND AGREEMENT AUTHORIZING 75% DEFERRAL OF IMPACT
FEES FOR ONE HOUSE TO BE BUILT BY CHRISTOPHER SANTOS-CADOW AT 2160
47Ta. AVENUE, N.E. IN GOLDEN GATE ESTATES, COLLIER COUNTY, FL. AND TO
PAY FOR THESE IMPACT FEES WITH STATE HOUSING INCENTIVE PARTNERSHIP
(S.H.I.P.) PROGRAM REVENUE FUNDS.
Page 170
RESOLUTION NO. 99- 4 4 7
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING A 75% DEFERRAL OF CORRECTIONAL
FACILITIES IMPACT FEES, 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 CHRISTOPHER SANTOS-CADOW AT 2160 47TM AVENUE
N.E., GOLDEN GATE ESTATES, COLLIER COUNTY, FLORIDA.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very-low income households in the County and the need
for creative and innovative programs to assist in the provision of such housing by including several
provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; ohjective 1.6, policy
1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
Housing Element; and
WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
Administrative Code; and
WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers
of Collier County impact fees; and
WHEREAS, Christopher Santos-Cadow is seeking a 75% deferral of impact fees; and
WHEREAS, Christopher Santos-Cadow will construct a three (3) bedroom unit (the
"Dwelling Unit") at 2160 47t~' Avenue, N. E. in Golden Gate Estates, Collier County, Florida; which
is proposed to sell for Eighty Eight Thousand and Seventy-Seven Dollars ($88,077.00), and
WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
WHEREAS, Christopher Santos-Cadow submitted to the office of the Housing and Urban
Improvement Department an Affordable Housing Application dated September 13, !999 for a 75%
deferral of impact fees for the construction of a house at 2160 47th Avenue, N. E., Golden Gate
Estates, Collier County, Florida, a copy of said application is on file in the Housing and Urban
Improvement Department; and
WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
Ordinance, Ordinance No. 99-52; 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
-1-
1999
Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 75% deferral of impact fees
by qualifying for a deferral; and
WHEREAS, Christopher Santos-Cadow has qualified for a 75% deferral of
based upon the following representations made by Christopher Santos-Cadow:
A.
B.
D.
certificate of occupancy is issued.
NOW, THEREFORE, BE 1T RESOLVED BY THE
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1.
impact fees
The Dwelling Unit shall be owned by a first-time home buyer.
The Dwelling Unit shall be owned by a household with a moderate income level as
that term is defined in the Appendices to the respective Impact Fee Ordinances and the
monthly payment to purchase the unit must be within the affordable housing
guidelines established in the Appendices to the respective Impact Fee Ordinances.
The Dwelling Unit shall be the Homestead of the owner.
The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
BOARD OF COUNTY
The Board of County Commissioncrs hereby authorizes the County Administrator to
issue an Authorization for 75% deferral of impact fees to Christopher Santos-Cadow
for one (1) house which shall be constructed at 2160 47th Avenue, N. E., Golden Gate
Estates, Collier County, Florida.
Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Christopher Santos-Cadow, 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
2160 47th Avenue, N. E., Golden Gate Estates, Collier County, Florida by Christopher
Santos-Cadow:
Total Impact Fee
Fo
75% Deferral
A. Library Impact Fee $ 180.52 $ 135.39
B. Road Impact Fee 1,379.00 1,034.25
C. Parks Impact Fee: 820.84 615.63
D. EMS Impact Fee 14.00 10.50
E. Educational Facilities System
Impact Fee
Correctional Facilities Impact Fee
Total Impact Fees
1,778.00 1,333.50
117.98 88.48
$ 4,290.34 $3,217.75
-2-
1999
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 on 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 Market Street Mortgage to Owner in the amount of $84.401.00 is necessary to
obtain financing to purchase the Dwelling Unit.
This Resolution adopted after motion, second and majority vote favoring same.
DATED: ~IEC i ~. ~98~i
G ;'· ROCK, Clerk
a ' ' i" ' .;.~"; ,,'~. '..
'. ", :".l. ,-/' .-' ."" t
Atte ' Chat n'S
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~~,,~
~/I~M/EL~ S. MAC'KIE, C-~R~Oi[I"AN
H e~-d~ F.'~As~i'tofi
Assistant County Attorney
jd/c/impfees/Santos-Cadow
-3-
1999
EXHIBIT "A"
LEGAL DESCRIPTION
CHRISTOPHER SANTOS-CADOW RESIDENCE
THE WEST 75' OF THE WEST 150' OF TRACT NO. 42 IN
GOLDEN GATES ESTATES UNIT NO. 78 ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5,
PAGE 16 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
-4-
PAGE
-- ~ 1 z~ 1999
100'
CL~ TO ?H~ ~O~D
INT~ROPFIC~ 4TH FLOOR
~XT 72q0
RECORDED in the OP~ICIAL RECORDS of COLLIER COUNTY, ~L REC HE
12/16/1999 at 02:25PN DWIGHT E, BROCK, CLERK COPIES
3?.§0
8.00
1999
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the 75% Deferral of Impact Fees entered into this/ff___'~'day of
.ff/~r_~ 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Christopher Santos-Cadow,
hereinafter referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee;
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and the Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; as they may be further amended fi.om time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 75%
deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee deferral and
OR:
2622 PG: 0539
1999
WHEREAS, the COUNTY approved a 75% deferral of impact fees for OWNER embodied in
Resolution No. 99-6/6/~ at its regular meeting of
WHEREAS, the Impact Fee Ordinance
Agreement with the COUNTY.
./~o/,,~t , 1999; and
requires that the OWNER
enter into an
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 moderate 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. The Dwelling Unit shall be the homestead of owner;
2
OR: 2622 PG: 0540
1 q 1999
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 $3,217.75 pursuant to the Impact Fee
Ordinance. In return for the 75% deferral of the impact fees owed by
OWNER, OWNER covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be
sold only to households meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
period, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement. The COUNTY and OWNER agree that all of the COUNTY'S rights,
interests and lien arising under this Agreement shall be made junior, inferior and
subordinate to the first mortgage loan to OWNER.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the deferred impact fees, and upon payment of the deferred impact
OR: 2622 PG: 0541
1 1999
fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not limited to, a
release of lien.
BINDING EFFECT.
Agreement and their
9. This Agreement shall be binding upon the parties to this
respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived until said impact fees are paid
in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In
addition, this Agreement shall run with the land and shall remain a lien against the
Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the Chairman of the Board of County
Commissioners.
! 1. 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 deferred shall constitute a lien on the Dwelling Unit commencing on
the effective date of this Agreement and continuing until repaid.
4
OR: 2622 PG: 0542
1999
Except as set forth in Section 7, such lien shall be superior and paramount to the interest
in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the
lien for County taxes and shall be on parity with the lien of any such County taxes.
Should the OWNER be in default of this Agreement, and the default is not cured within
thirty (30) days after written notice to OWNER, the Board may bring civil action to
enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by
the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all 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/Deferral of Impact Fees on the date
Witnesses:
Print NameF~ r,~ ,,~-
rst above written.
O :
STATE OF ~ )
OF'f~_
COUNTY )
The foregoing instrument was acknowledged before me this ~--.~ day of.~,
1999, by Christopher Santos-Cadow. He is personally known to me
[NOTARIAL SEAL]
OR: 2622 PG: 0543
l)~- il q 1999
,,, .,.,.,,' DATED,:
2' · 7.'- .... · · " '
'.; . DWIGHT E} BROCK, Clerk
:~'~'te~t"~s to Chairman's
stg~atur~ ~1~.
Approved as to form and
legal sufficiency
Assistant County Attorney
BOARD OF COUNTY COMISSIONERS
C OLL~U~Y~A. /} ,~//~~'
~vlELA S. MAC'KIE, CHXlR~O~AN
/
jd/c/impfee/santos-cadow
6
OR: 2622 PG: 0544
-~ q 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
CHRISTOPHER SANTOS-CADOW RESIDENCE
THE WEST 75' OF THE WEST 150' OF TRACT NO. 42 IN GOLDEN
GATE ESTATES UNIT NO. 78 ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 5, PAGE 16 OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
OR:
2622 PG: 0545
.~- 1 ~ 1999
] lOO' ~'~
lOT['9°
December 14, 1999
Item #16A8
RESOLUTION 99-448 CONSENTING TO THE EXERCISE OF SPECIAL POWERS
RELATING TO PARKS AND RECREATION AND SECURITY FOR THE CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRICT.
Page 171
RESOLUTION NO. 99- 4 4 8
1999
A RESOLUTION RELATING TO THE CEDAR HAMMOCK
COMMUNITY DEVELOPMENT DISTRICT BY
CONSENTING TO THE DISTRICT'S EXERCISE OF
SPECIAL POWERS RELATING TO PARKS AND
RECREATION AND SECURITY.
WHEREAS, the Cedar Hammock Community Development District was established by
Collier County Ordinance No. 99-81 which became effective on November 24, 1999; and
WHEREAS, the Board of Supervisors of the Cedar Hammock Development District
("District") has requested the consent of Collier County to exercise certain additional special powers
pursuant to Section 190.012(2), Florida Statutes; and
WHEREAS, the District's Board of Supervisors has requested that Collier County consent
to the exercise of special powers relating to parks and recreation and security; and
WHEREAS, Collier County has reviewed the District Board of Supervisors' request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Cedar Hammock Community Development District is governed by the
provisions of Chapter 190, Florida Statutes. Additionally, the Board of County
Commissioners of Collier County, Florida, hereby consents to the Board of
Supervisors of the Cedar Hammock Community Development District exercising the
following special powers in accordance with Section 190.012(2), Florida Statutes,
to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate
and maintain additional systems and facilities for:
(a) Parks and facilities for indoor and outdoor recreational, cultural and
educational uses.
(b) Security, including, but not limited to, guardhouses, fences and gates,
electronic intrusion detection systems, and patrol cars, when authorized by
proper governmental agencies; except that the District may not exercise any
police power, but may contract with the appropriate local general purpose
government agencies for an increased level of such services within the
District boundaries.
Consent to exercise the above powers by the Board of County Commissioners in no
way implies that Collier County has any obligation or responsibility to ensure that
these special powers are exercised by the District nor any liability in regards to the
District's exercise of these special powers.
4. This Resolution shall become effective upon an affirmative vote of a majority of the
County Commission at a duly noticed public heating.
PASSED AND ADOPTED by the Board of County Commissioners of Collier County,
Florida, this///-/~day of ,~~~4,~,'/ti" 1999
· '" ','"';' ;, A~EST'~'.~. BOARD OF COUNTY COMMISSIONERS
~ '"~ ':: ':"" ..... :"'~'" "~:' ': OF COLLIER COUNTY, FLORIDA
~ ~ ?..:,~~G_~T.-E:. BROCK, Clerk
By:
. '~ ..~ .' ,
",,"¥":.:::::::: :'::'.:: :. Depu~ Clerk ....
:'" PProved as to fora
~d legal sufficiency:
~eidi ~As~o~' ' --
Assistant County Attorney
G:\users~BETSYXWP8\CEDAR HAMMOCK CDD\ADD POWERS RESO.wpd
December 14, 1999
Item #16A9
RESOLUTION 99-449 CONSENTING TO THE EXERCISE OF SPECIAL POWERS
RELATING TO PARKS AND RECREATION AND SECURITY FOR THE MEDITERRA SOUTH
COMMUNITY DEVELOPMENT DISTRICT.
Page 172
1999
RESOLUTION NO. 99- 449
A RESOLUTION RELATING TO THE MEDITERRA SOUTH COMMUNITY
DEVELOPMENT DISTRICT BY CONSENTING TO THE DISTRICT'S
EXERCISE OF SPECIAL POWERS RELATING TO PARKS AND
RECREATION AND SECURITY.
WHEREAS, the Mediterra South Community Development District
was established on September 14, 1999, by Ordinance No. 99-67 which
became effective on September 16, 1999; and
WHEREAS, the Board of Supervisors of the Mediterra South
Community Development District ("District") has requested the
consent of Collier County to exercise certain additional special
powers pursuant to Section 190.012(2), Florida Statutes; and
WHEREAS, the District's Board of Supervisors has requested
that Collier County consent to the exercise of special powers
relating to parks and recreation and security; and
WHEREAS, Collier County has reviewed the District Board of
Supervisors' request.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: The Mediterra South Community Development District is
governed by the provisions of Chapter 190, Florida Statutes.
Additionally, the Board of County Commissioners of Collier
County, Florida, hereby consents to the Board of Supervisors of the
Mediterra South Community Development District exercising the
following special powers in accordance with Section 190.012(2),
Florida Statutes, to plan, establish,
reconstruct, enlarge or extend, equip,
additional systems and facilities for:
acquire, construct or
operate and maintain
(a) Parks and facilities for indoor and outdoor
recreational, cultural and educational uses.
(b) Security, including, but not limited to,
guardhouses, fences and gates, electronic intrusion detection
systems, and patrol cars, when authorized by proper
governmental agencies; except that the District may not
exercise any police power, but may contract with the
appropriate local general purpose government agencies for an
increased level of such services within the District
boundaries.
Consent to exercise the above powers by the Board of County
Commissioners in no way implies that Collier County has any
obligation or responsibility to ensure that these special powers
are exercised by the District nor any liability in regards to the
District's exercise of these special powers.
December 14, 1999
Item #16A10
STAFF TO NEGOTIATE A CONTRACT FOR CONSULTANT SERVICES WITH THE NUMBER
ONE RANKED FIRM OF DOVER, KOHL AND PARTNERS TO DEVELOP THE COLLIER
COUNTY COM/41~RITY CHARACTER AND DESIGN MASTER PLAN.
Item #16All
RESOLUTION 99-450 ENDORSING THE GUADALUPE CENTER AS A SPONSORING
AGENCY UNDER THE FLORIDA ENTERPRISE ZONE COMMUNITY CONTRIBUTION TAX
CREDIT PROGRAM.
Page 173
RESOLUTION 99- 450
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA; ENDORSING THE GUADALUPE CENTER, INC.
AS A SPONSORING AGENCY UNDER THE FLORIDA ENTERPRISE ZONE
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM.
WHEREAS, the State of Florida has enacted the Florida Enterprise Zone
Act, Sections 290.001 - 290.016, Florida Statutes, to provide incentives by both
State and local government to induce private investment into distressed areas to
create economic opportunities and sustainable economic development; and
WHEREAS, the Board of County Commission enacted Resolution #95-
248 on March 28, 1995, nominating the Immokalee Community as an Enterprise
Zone pursuant to the Florida Enterprise Zone Act; and
WHEREAS, the State of Florida designated the Immokalee area as a
State Enterprise Zone effective January 1, 1997; and
WHEREAS, the State encourages the participation of private corporations
in revitalization projects by granting either partial state corporate
income/franchise tax credits or insurance premium taxes to corporations that
contribute resources to public redevelopment organizations for the revitalization
of enterprise zones; and
WHEREAS, the State authorized the Community Contribution Tax Credit
Program, under Section 220.183, Florida Statutes, which allows any Florida
corporation to receive a tax credit of 50 percent of the value of the donation (not
to exceed $200,000 in any one year) against any corporate income/franchise tax
or insurance premium tax due for a taxable year for contributions to a State
approved community development project located within the Enterprise Zone;
and
WHEREAS, the Guadalupe Center, Inc., a non-profit organization
incorporated in the state of Florida, is located within the Immokalee Enterprise
Zone and meets the criteria as a sponsoring organization under Section
220.03(1)(t), Florida Statutes; and
WHEREAS, the Guadalupe Center, Inc. project is consistent with the
overall intent of the Immokalee Area Master Plan, a separate element of the
Collier County Growth Management Plan; and
WHEREAS, the Guadalupe Center, Inc. is the sponsoring organization
applying for approval as a State approved Community Development Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
-c~ 1 q 1999
The Ouadalupe Center, Inc. project, as described in Attachment A, is
consistent with the Collier County Growth Management Plan and the Immokalee
Area Master Plan.
same.
This Resolution adopted after motion, second and majority vote favoring
DATED:
ATTEST:
Attest ms to Chairmn'$
signature onl$.
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Cha/rwoman
Date: ~./~/~,~'~'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ei~di I~.. A.~hton
Assistant County Attorney
2
Attachment "A" - page
Guadalupe Center
P.O. Box 10~$ ~ 211 South 1Vlnth Street + Immokaleel tglorlda $4143-1053
(941) 657-4361 + Fax (941) 657-6816
1999
PROGRAM NARRATIVE
Guadalupe Center in Irnmokalee, Fl., was founded in 1982 to meet thc needs ofthemigrant and
immigrant population of this unincorporated town. Originally, the mission of the Center was to help
provide emergency food and clothing. However, over the years, it became obvious that education
was one significant way out of poverty. The mission of G-uadalupe Center is twofold: providing
interim help to the very needy and providing educational opportunities for children and adults.
./
GUADALUPE CENTER BELIEVES IN ~ DIGNITY OF EACH PERSON
AS CREATED AND LOVED BY GOD, AND IS THEREFORE COMMITTED
TO SERVE THE DISADVANTAGED POOR OF IMMOKALEE WITH INTERIM
HELP A_ND LONG GERM PROGRAMS THAT PROMOTE SELF-SUFFICZ~NCY
AND SOCIAL CHANGE.
This twofold focus of thc Ccntcr's activities provides full and part time jobs for almost fifty local
residents. The Soup Kitchen staff'and a crew ofvolunteexs from/o'eater Lee and Collier Counties
provide a daily hot meal to 125 or more people, Used clothing is provided to about 400 people
monthly and hot showers & clean clothes arc given to the homeless three times weekly.
The educational prosrams include a school-aged children's program for 100 children, an early
childhood program for another 100 children, and adult education opportunities for parents of the
children. (see attached brochures).
Cmadalupe Center is funded primarily through donations that come from individuals, churches,
organizations, and businesses. The annual budget is between $850,000-900,000/annually. About
one-fourth of the budget comes from government reimbursement for child car~ and food Mr the
children. The rest ofth~ money is generated through the Center's fund-raising dYorts.
Businesses who might take advantage of the Community Contribution Tax Credit Program help the
Center meet its annual budgetary requirements through monetary donations. Them donations are
used for community d~elopment, it such development includes:
job training
hiring of local residents for jobs at Guadalupc.Ccnter (salaries)
Adult Education in ESOL and GED and other basic living skills
Child care while parents work
School readiness programs for children
Tutoring of children at risk for drop-out
Attachment "A" - page 2
~uada]upe Cefltcr is making plans to expand both the cmergenc~ social sc~ces and the educational
elements of our work. Within the next two years, we plan to build a new social services center and
move our emergency operations and school-aged children's programs to that site. We have outgrown
our present site which we rent from thc local Catholic Church. Thc Center is also explmding thc
ability to care for morc infants and toddlers at the Family Center. Within the next year, a portable
classroom will be added to the Center on Hope Circle and enrollment will increase by about 12
children. Businesses who help with these expansions will also be able to benefit from the CCTCP
Program.
It is the sincerc hope of Guadalupe Center's Bonrd of Trustees and Staff that the Center and its
busincss donors can benefit from thc CCTCP program which will help improve the quality oflif'e for
the people of Immokalee.
Attachment "A"
(brochure)
- page
3
Our Mission
Cs~adah~pe Center believes in the dignity of each person
as created and loved by C4od, and is therefore committed
to serve the disadvantaged poor of Immokalee with
interim help and long term programs that promote self.
sufficiency and social change. '
C}uadalupe
Center
for Social Services
211 South Ninth St.
Immokalee, FL 34142
Tel: (941) 657-4361
Fax: {941) 657-6816
P.O. Box 1053
Immokalee, FL 34143
Guadalupe
Center
for Family Education
505 Hope Circle
Immokalee, FL 34142
Tel: (941) 658-1999
Fax: (941) 658-1997
P.O. Box 1053
lmmokalee, FL 34143
~X/e: began as a kitchen because the
soup
poorest
people in oUr migrant farming community in
Florida were frequently hungry: no crops, no
work, no money.
But the poor always need more than food, so
our mission grew to include providing many
additional services; clothing, showers, tutoring,
adult literacy, child-care and early childhood
education.
Where we see neediness, we simply must help.
We continue as we began--a not-for- profit
social service agency, trusting in the generosity
of individuals, groups and churches of all
denominations to support our work.
That generosity has never failed.
Attachment "A"
(brochure)
- page
4
1999
Ouadalupe Center
Our social services
The Soup Kitchen
It's a bright, clean, cheery place where we serve a hot
nourishing meal at noon. Everyone who walks in our door is
welcomed with a smile. Some days that might be 100 people,
some days over 300, all depending on the season and the
amount of farm work available. Many of those we feed are
children, many are families with parents who have no work.
The food we serve is either purchased with donated
funds, or brought to us by individuals and volunteers and
local groups. Our staff is licensed in Food Management, and
our up-dated kitchen meets every inspection standard for safe
food preparation.
Over 100 volunteers from Collier and Lee counties come
all the way out to Immokalee to help us serve meals. Many tell
us it is one of the most rewarding things they do.
Clothing and Showers
Friends everywhere give us their unwanted clothing and
household items, which we sort and display in our Clothing
Room. It is open to the public and each recipient may take
away a shopping bag full of items. Free, of course, though we
do suggest a very small donation as a symbolic way of dignify-
lng the process. Most people seem to like that.
For the homeless or for those without bathing facilities,
we provide clean and private shower rooms for both men and
women. We also offer fresh clean clothing after showering.
In our years of social service
to the people of lmrnokalee
we have earned a significant role
in the life of the community.
tX/e will always seek
new ways to offer comfort
to our disadvantaged neighbors.
for the disadvantaged
Thanksgiving in the Park
The hard-working people who toil in Immokalee's fields
harvest the food the rest of us eat--tomatoes, peppers, mel-
ons, citrus fruit, etc. To thank them for their labor, Guadalupe
Center serves a traditional turkey dinner every Thanksgiving
Day. It takes place in the Immokalee Park and usually almost
2000 people come. One year, 2200!
The good people of Southwest Florida know we do this,
so they cook and donate a hundred or more turkeys, four or
five hundred pies, an ocean of gravy., cranberry sauce.., the
works! Two churches--one Catholic, one Presbyterian--orga-
nize the food, a hundred volunteers come to serve it, and the
crowd eats it up. It's one of the happiest days in our year.
Christmas TOys
Our request for new, non-violent toys goes out to our
loyal friends early each December, and the toys come poUring
in. Who doesn't feel special joy in providing happiness for
children?
The neediest parents are invited to come to our "Toy
Shop" to select several toys for each of their children and then
volunteers gift wrap them. About 500 children receive 3
Christmas surprises each. Their parents, as a small "price" to
pay, are asked to attend a little educational talk on some aspect
of parenting. Many tell us they appreciate this, and that is
pleasing to hear.
Back-to-School Shoes
We feel it is shameful for a child to go back to school in
the fall with shoes that no longer fit, or with no shoes at all.
This used t~ happen in Immokalee.
But now, every August, Guadalupe Center invites the
children of the neediest families--we determine who they are
by consulting with the schools and other agencies--to come
with us to the shoe store. There they are fitted with brand new
good shoes and socks. You should see the happy smiles on
several hundred children every year.
Attachment
(brochure)
"A" - page 5
1999
Guadahpe Cen
Our education services
Early Childhood Education
The working poor of Immokalee needed a pre-school
day<are service they could afford, and their children needed
early education to prepare them for kindergarten. We saw a
double opportunity in this double need, and opened the
Guadalupe Center for Family Education where we offer educa.
tion-based child-care for working-poor families.
In most of these families, English is a second language
and parenting experience is minimal. So, in return for offering
excellent child-care to young parents while they work, we ask
that they come to our learning sessions to participate in their
child's education, to develop their own English literacy, to
understand and respect education, even to learn new comput-
er job skills.
Our goal for their 100 children in our care, ages 6 weeks
to 4 years, is to prepare them to cope with school, to like
and appreciate school. We insist that only English be spoken
in the Center, because t~at's how it will be in school. We fol-
low a "Peace Education" curriculum and teach non-violence
and respect for others. We instill a desire to learn and to
achieve.
In under-privileged lmmokalee, the drop-out rate is stag-
gering. We are determined that "our" children will want to
graduate from school--and to a better life.
Peace Camp Program
To keep children occupied, and interested in learning
when schooll are closed for vacation, our "Peace Camps" have
been thriving for several years. They are not all fun and games,
although there is plenty of that, too. Learning trips, serious
instruction in peace-making and non-violent behavior, career
discussions, even restaurant visits --a lot happens at our
camps to continue a child's developmental process.
College student volunteers come from northern schools
to help manage these programs fbr us. They are excellent role
models for our Immokalee children.
for children and families
After-School Tutoring
From the beginning, we recognized that migrant children
got short<hanged in schooling, moving as they did. So 14
,,,ears ago we began catch-up after-school sessions for perhaps
20 kids with volunteer tutors in our soup kitchen.
This little beginning has blossomed into a full program
of after-school tutoring ,Cor elementary-school students falling
behind. With guidance, their homework gets done, assistance
in reading and writing is provided, computer skills are honed,
games played, snacks and fun enjoyed.The kids simply love it.
Responsible adults and many high school students from
lmmokalee do the tutoring. The most dedicated high-school-
ers benefit from a Tutor Scholarship Fund which some of
Guadalupe Center's generous friends on Marco Island have
established to enable further education.
In any school year, there are about a hundred youngsters
enrolled in the Guadalupe Center after-school program.
Adult/Family Literacy
This program has been enthusiastically received by many
in lmmokalee, who see literacy as a way to expand their job
opportunities, as well as by the parents in our Family Center
as a way of helping to improve their lives. The computer pro-
gram called "Project Light" is used.
Another pre-literacy computer program is used to'intro-
duce young children to computers in preparation for school.
We see literacy as one of the areas in which we must
grow considerably to more fully serve our community.
Gt~lalupe Center's role in improving
the process of education,
particularly family education,
in lmmokalee is just beginning.
We look for more ~tuys to pursz~e this goal.
Attachment "A" - page 6
(brochure)
1 zt 1999
Ouadalupe Center
Everything we do
All of the programs and opera-
tions you have been reading about are
supported by individuals and groups
and churches of all denominations,
and they are most generous.
But as our programs expand, so
do our expenses. With the Family
Education Center, they practically
doubled.
We have always been able to meet
expenses, somehow~ but it is clear that
we need steady new sources of revenue
And we need to build an endowment to insure future income
We must find ways to continue doing all that we do to
help the disadvantaged. We are too responsible to the poor to
cut the any of the lifelines we have extended to them. We
must always move forward.
How you can help us
There are many kinds of contributions you can make to
ensure that the work we do can continue:
"Helping Hands" Donors--You can join the generous
group of supporters whose names are recorded on the
"Helping Hands Wall" in the Jim Near Building,
Guadalupe Center for Family Education. Jim Near and
his friends at Bonita Bay were among our original
"Helping Hands'?. We will gratefully add a plaque bear-
ing your name for a contribution of $1000 or more
The
Commi[t. ee of BOO--You can express your desire to
help Guadalupe Center in its work for the poor with
even more committment; a pledge to donite yearly, in
the amount of $1000 or more. Of course, your name
will be prominent on our "Helping Hands Wall" too.
Our hope is to have 500 such wonderful supporters,
costs money
You May Wish to Consider a Trust or Legacy--
Expert financial consultants have volunteered to advise
and assist any donor who wishes to arrange such contri-
butions and bequests.
Direct Your Donation
You may prefer to choose which
Guadalupe Center function you wish
to support:
' Our Social Seryices
o Our Education Services
- Our Building Fund
o Our Endowment Fund
o Our General Operating Needs
Our Thanks
We admire and respect our donors for their generosity
toward what we all agree is a good and necessary cause Any
contribution to that cause, large or small or tiny will be
received gratefully, and used responsibly.
A Personal Invitation
If the work we do at Guadalupe
Center touches you, please come visit
us, see our facilities, meet our staff and
get to know us. You will be most wel-
come, and we will be delighted to meet
you. Just call me at (941)657-4361.
Sincerely,
Sr. Judy Dohner,
Executive Director
December 14, 1999
Item #16A12
AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION IN THE AMOUNT OF $20,000.
Page 174
vwcc c m: ? a 3[o
DEC 1 1999
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION OF MARINE FISHERIES
FLORIDA ARTIFICIAL REEF PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into between the FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION, Division of Marine Fisheries, whose address is 620 South Meridian Street, Bryant
Building, Tallahassee, Florida 32399-1600 (hereinafter referred to as the "Commission") and the
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami
Trail, Building H, Naples, Florida 34112 (hereinafter referred to as the "County").
Whereas, the Commission has received funds fi.om the Marine Resources Conservation Trust
Fund from revenues generated by the sale of saltwater licenses in support of the Commission's marine
artificial reef planning, assessment and development in Florida; and
Whereas, Section 370.25, Florida Statutes, created an artificial reef program within the
Commission to, in part, provide grants and technical assistance to eligible local coastal governments and
nonprofit corporations for developing, monitoring, or evaluating saltwater artificial reefs; and
Whereas, the County is a local coastal government and qualifies to receive artificial reef grant
funding in accordance with Section 370.25(4), F.S.; and
Whereas, Chapter 62R-9, Florida Administrative Code, establishes rules for the administration of
this grant program; and
Whereas, the County agrees to perform the services described herein, or hereinafter authorized
upon the terms and conditions stated; and
Therefore, in consideration of the mutual benefits to be derived herefrom, the Commission and
the County do hereby agree as follows:
1. The Commission does hereby authorize the County to perform the saltwater artificial reef project
as defined herein and the County does hereby agree to perform such services upon the terms and
conditions set forth in this Agreement and all attachments and exhibits named herein which are attached
hereto and incorporated by reference.
2. The County shall perform the services in a proper and satisfactory manner as determined by the
Commission. Any and all equipment, products, or materials necessary to perform this Agreement shall
be supplied by the County or its subcontractor, unless otherwise specified herein.
3. As consideration for the saltwater artificial reef project as described in Attachment A (Scope of
Services), completed by the County under the terms of this Agreement, the Commission shall pay the
County a sum not to exceed $20,000 on a cost reimbursement basis. All single request for payment and
disbursement of funds shall be made in strict accordance with provisions of Attachment A and Chapter
62R-9, F.A.C. The County will provide all required close-out documentation to the Commission's
Project Manager within forty-five (45) days after the ending date of the Agreement. The County's
Project Manager shall certify, under penalties of perjury compliance with provisions of this Agreement,
Page 1 of 7
DEC l 4
through the submission of a Certification of Completion, and said certification shall be submitted with
the close-out documentation. An itemized listing by category of all expenditures claimed along with
supporting documentation for each amount is required. All itemized paid invoices/receipts clearly
reflecting date(s) of service and submitted along with copies of canceled checks (or check numbers and
certification of payment by the County) for reimbursement shall, under this Agreement, be submitted in
detail sufficient for a proper pre-audit and post-audit thereof, as required by the Commission.
4. This Agreement shall become effective upon execution by both parties and end on June 30,
2000, inclusive. The saltwater artificial reef project described in Attachment A must be completed by
the expiration date of this Agreement. In accordance with Section 287.058(2), F.S., for contractual
services exceeding the amount provided in Section 287.017, F.S. for Category Two, the County shall not
be eligible for reimbursement for services rendered prior to the execution date of this Agreement. In the
event the saltwater artificial reef project is not complete by the expiration date of the Agreement, the
Commission will have the right to cancel its obligations of any and all financial assistance granted for the
said saltwater artificial reef project. The Commission and the County fully understand and agree that
there shall be no reimbursement of funds by the Commission for any obligation or expenditure after the
expiration date of this Agreement.
5. The State of Florida's performance and obligation to pay under this Agreement, if the Agreement
period extends into a new fiscal year, is contingent upon an annual appropriation by the Legislature and
certification of the saltwater artificial reef project funds forwarded in the FCO Grants category.
6. Pursuant to Section 215.422, F.S., the Commission's Project Manager shall have five (5)
working days, unless otherwise specified herein, to inspect and approve a request for payment upon
receipt of a complete and accurate request for payment package; the Commission must submit a request
for payment to the Florida Department of Banking and Finance within twenty (20) days; the Department
of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date
the invoice is received or services received, inspected and approved. Payment requirements do not start
until a complete and correct request for payment and other required supporting documentation have been
received. Requests for payment packages which have to be returned to the County for correction(s) will
result in a delay of payment. A Vendor Ombudsman has been established with the Florida Department
of Banking and Finance who may be contacted if the County is experiencing problems in obtaining
timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (800)
848-3792.
7. In accordance with Section 215.422, F.S., the Commission shall pay the County interest at a rate
as established by Section 55.03(1), F.S., on the unpaid balance, if a warrant in payment of an invoice is
not issued within forty (40) days after receipt of a correct invoice and receipt, inspection and approval of
the goods and services. Interest payments of less than $1 will not be enforced unless the County requests
payment. The interest rate established pursuant to Section 55.03(1), F.S., by Comptroller's
Memorandum No. 11 (1998-99) dated December 3, 1998, has been set at 10.0% per annum or .02740%
per day. The revised interest rate for each calendar year beyond 1999 for which the term of this
Agreement is in effect can be obtained by calling the Department of Banking at the telephone number
provided above in Paragraph 6.
8. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by the
Commission of its sovereign immunity or the provisions of Section 768.28, F.S. The Commission shall
have no liability except as specifically provided for in this Agreement.
9. The Commission may terminate this Agreement at any time in the event of failure of the County
to fulfill any of its obligations under this Agreement. Prior to termination, the Commission shall provide
Page 2 of 7
the County written notification of any performance failures and the County shall have ten (10) calendar
days, from receipt of notification, to consult with the Commission regarding the reason(s) for
termination. If the parties cannot reach an agreement on the corrective measures to be taken and the
schedule for corrective action, the Commission may terminate this agreement by providing a minimum
of fifteen (15) calendar days written notice to the County. Said notice shall specify the effective time
and date of termination. Either the Commission or the County may terminate this Agreement for
convenience by providing a minimum of ten (10) days written notice which clearly describes the basis
for termination. Notice shall be sufficient if delivered personally or by certified mail to the Project
Managers at the addresses set forth in paragraph 10.
10. Any and all notices shall be delivered to the Project Managers at the following addresses:
Commission:
Thomas Maher, Environmental Specialist III
Division of Marine Fisheries
Bureau of Marine Fisheries Management
Berkeley Building
2590 Executive Center Circle East
Tallahassee, Florida 32301
MaherT¢~gfc.state.fl.us
(850) 488-6058
(850) 488-7152 FAX
County:
Doug Suitor
Natural Resources Department
Collier County
3301 East Tamiami Trail, Bldg. H
Naples, Florida 34112
Doug. Suitor(a),colliergov.net
(941) 732-2505
(941) 774-8282 FAX
11. Pursuant to Section 216.2815, F.S., all records in conjunction with this Agreement shall be
public records and shall be treated in the same manner as other public records under general law. This
Agreement may be unilaterally canceled by the Commission for refusal by the County to allow public
access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S.,
and made or received by the County in conjunction with this Agreement.
12. Thc County shall maintain books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
The Commission, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Agreement and for three (3) years following Agreement completion. In
the event any work is subcontracted, the County shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
13. In accordance with Section 216.349, F.S. (financial review of grants and aids appropriations), the
County shall provide to the Commission a sworn statement (Certificate of Completion), signed by the
County's chief officer under penalty of perjury, confirming that the County has complied with the
provisions of this Agreement. The Commission reserves the right to recover costs for failure to comply
with Section 216.349, F.S.
14. The County covenants that it presently has no interest and shall not acquire any interest which
would conflict in any manner or degree with the performance of services required.
Page 3 of 7
I)EC 1
15. This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in
such manner as to be effective and valid under applicable law, but if any provision of this Agreement
shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of
such prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon
County, Florida.
16. No delay or failure to exercise any right, power, or remedy accruing to either party upon breach
or default by either party under this Agreement, shall impair any such right, power, or remedy of either
party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any
similar breach or default thereafter.
17. The County recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on goods or services purchased under the terms of this agreement.
18. This Agreement is neither intended nor shall it be construed to grant any rights, privileges, or
interest in any third party without the mutual written agreement of the parties hereto.
19. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to
discrimination in performance of this Agreement.
20. The County shall not subcontract, assign, or transfer any work under this Agreement without the
prior written consent of the Commission's Project Manager. The County agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Commission and agrees
to be responsible for the payment of all monies due under any subcontract. It is understood and agreed
by the County that the Commission shall not be liable to any subcontractor for any expenses or liabilities
incurred under the subcontract and that the County shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
21. To the extent required by law, the County will be self-insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation Insurance for all of its volunteers
connected with the work of this project, and, in any case work is subcontracted, the County shall require
the subcontractor similarly to provide Workers' Compensation Insurance for all the latter's employees
unless such employees are covered by the protection afforded by the County. Such self-insurance
program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case
any class of workers engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the County shall provide, and cause each subcontractor to provide, adequate
insurance satisfactory to the Commission, for the protection of his workers not otherwise protected.
22. The County warrants and represents that it possesses liability insurance, appropriate and
allowable under Florida law, and that such insurance offers protection applicable to the County's
officers, volunteers, servants, and agents while acting within the scope of their work with the County.
23. The County is required to supply deployment coordinates in Differential Global Positioning
System (DGPS) format and thereby is authorized to purchase a DGPS navigational receiver and antenna
costing up to $1,000. The County shall retain title to this equipment and utilize it to provide coordinates
of all artificial reefs constructed by the county and center coordinates for all artificial reef permitted sites
held by the County. The purchase of any other non-expendable equipment costing $500 or more is not
authorized under the terms of this Agreement.
Page 4 of 7
24. In accordance with Section 216.347, F.S., the County is hereby prohibited from using funds
provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state
agency. Pursuant to the Lobbying Disclosure Act of 1995, the County agrees to refrain from entering
into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the
Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage
in lobbying activities prohibited by the Act as a special condition of the subcontract.
25. The Commission may at any time, by written order designated to be a change order, make any
change in the work within the general scope of this Agreement (e.g., specification, method or manner of
performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties
as evidenced in writing. Any change order which causes an increase in the dollar value or expiration
date shall require formal amendment to this Agreement. Formal amendments to this Agreement require
a written request from one of the Project Managers at least forty-five (45) days prior to the ending date of
this Agreement.
26. The employment of unauthorized aliens by any subcontractor/vendor is considered a violation of
Section 274A(e) of the Immigration and Employment Act. If the subcontractor/vendor knowingly
employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
27. A person or affiliate who has been placed on the convicted vendor list following a conviction for
a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or
c'onsultant under a contract with any public entity, and may not transact business with any public entity
in excess of the threshold amount provided in Section 287.017 F.S., for Category Two for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list.
28. The County shall comply with all applicable federal, state, and local rules and regulations in
providing services to the Commission under this Agreement, including the general and special conditions
specified in any permits issued by the U.S. Department of the Army, Corps of Engineers or the
Department of Environmental Protection. The County acknowledges that this requirement includes
compliance with all applicable federal, state, and local health and safety rules and regulations. The
County further agrees to include this provision in all subcontracts issued as a result of this Agreement.
29. The County agrees to follow all requirements of Section 287.057, F.S. for the procurement of
commodities or contractual services under this Agreement.
30. The County shall include Attachment A verbatim in the project bid specifications. All project bid
specifications must be approved in writing in advance by the Commission's Project Manager prior to
public advertisement or distribution.
31. The County shall submit project bid specifications to the Commission's Project Manager for
approval within ninety (90) days following the execution date of this Agreement.
32. The County must send project bid specifications to a minimum of five (5) contractors, and
receive a minimum of two (2) written quotes. Any request to use a sole source vendor must be requested
and justified in writing and approved by the Commission.
33. A summary of the vendor replies and recommended subcontractor must be sent by the County to
the Commission's Project Manager for written approval prior to awarding of any subcontracts.
34. The County shall include this entire Agreement, and all attachments, in all subcontracts issued as
a result of this Agreement. Written contracts between the County and any subcontractors are mandatory
and required for any subcontracts exceeding $5,000 issued as part of this Agreement.
Page 5 of 7
35. The Coun~ agrees to acknowledge the role of Florida saltwater fishin§ license £unding in any
publici~ related to this project.
36. This Agreement represents the entire agreement of the parties. Any alterations, variations,
changes, modifications or waivers of provisions of this Agreement shall only be valid when they have
been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this
Agreement, unless otherwise provided herein.
REST OF PAGE INTENTIONALLY LEFT BLANK
Page 6 of 7
IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed,
the day and year last written below.
COLLIER COUNTY BOARD OF
COUNTY C~O2MIS~SI.OT~S/, /~-
, (County authorizedTatory*)
FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
By:.
Director, Division of Marine Fisheries
(Print Signatory's Name and Title)
Date:
Date:
(County)
(Address)
(City, State, and Zip Code)
./" ,: ' '~5 '(FederalSEmployer Identification Number)
,-" .;"'." . ,. ,A~E-ST:
:" '~ ' · ......... ~". "' ' CLEIt~
~ -, .., ... :, .'.;, Dt/I.I~GFIT E,. BROQ(,
~ % :~' ,, ':'.'g~b~e~ent Check Remi.ance Ad.ess:
'"., ,i,;,~',,,, ""
Approved as to form and legality:
Attest ms ~ Chmtrmmn's
signature only.
(Address)
(City, State, and Zip Code)
*If someone other than the Chairman signs this Agreement, a statement or other document authorizing
that person to sign the Agreement on behalf of the County must accompany the Agreement.
List of Attachments included as part of this Agreement:
Attachment A Scope of Services (1 Page)
7 of 7
Approved as to form~& legal auffieiene},
DEC ! k 1999
ATTACHMENT A
(Scope of Services)
1. The Commission has awarded funds under this Grant Agreement to complete the following project:
Preparation, transportation, and deployment of a minimum of 300 tons of concrete materials
acceptable to the Commission at the Doctor's Pass 4.5 Mile Reef site. The deployment will occur at
coordinates of 26? 13.50' North latitude, 81° 52.13' West longitude.
The County is responsible for obtaining all required State and Federal Permits. The deployment
will be conducted in accordance with all applicable Federal and State artificial reef permits. No
reimbursements will be made for deployments taking place outside of the legally permitted site.
The deployment will be accomplished with the use of a tugboat and barge with current certificates
of inspection by applicable regulatory agencies. The barge must be spudded down or double
anchored with anchors of sufficient size to prevent movement greater than fifty (50) feet.
2. Funds from this Agreement may not be expended on the following items: salaries, training, parts
replacement or repairs to rented or contractor owned equipment.
3. A maximum of $1,000 of funding from this Agreement may be expended on engineering services
according to the following schedule. Documentation of expenses and survey reports must be submitted with the
closeout package in order for reimbursement to be made.
Predeployment SCUBA bottom survey to probe sediment depth and consistency:
Placement of marker buoys per each day of deployment:
Post deployment SCUBA mapping and assessment:
Miscellaneous expenses:
$300.00
$300.0O
$300.00
$100.00
4. The County agrees to allow the Commission to conduct inspections of the saltwater artificial fishing
reef project before, during, and after deployment.
5. Written progress reports must be sent to the Commission's Contract Manager at sixty (60) days
intervals following the execution date of this Agreement.
6. The County's Contract Manager or County-employed designee is required to measure and record the
waterline length, width and draft (to the nearest inch)of the loaded barge at all four (4) comers to calculate the
average displacement of water due to the weight of the artificial reef materials. The same barge measurements
must be taken by either the County's Contract Manager or County-employed designee when the barge returns
to shore after each deployment has been completed. :These measurements may not be taken while the barge is
located at the deployment site. The barge measurements are to be included on the Materials Placement Report
(DEP-OFMAS Form No. 34-403), which shall be filled out and mailed to the Commission's Contract Manager
within thirty (30) days after each separate deployment.
8. The County agrees to acknowledge the role of the Marine Resources Conservation Trust Fund and
saltwater fishing license revenues in this artificial reef project in their efforts to publicize and promote the reef.
9. Failure to complete the above described saltwater artificial fishing reef project by the ending date of
this Agreement will adversely affect the evaluation of the County's grant application during the subsequent
fiscal year.
December 14, 1999
Item #16A13
AGREEMENT C-11741 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
PARTICIPATE IN WATER QUALITY SAMPLING FOR FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) AMBIENT MONITORING PROGRAM AS
DESCRIBED IN THE EXECUTIVE SUMMARY.'COLLIER COUNTY TO CONTRIBUTE THE
AMOUNT OF $10,250.
Page 175
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT [1£C 1 q 1999
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: COLLIER COUNTY, FLORIDA
Address: 3301 E. Tamiami Trail
Building D
Naples, FL 34112
Project Manager: George Yilmaz
Telephone No: (941) 732-2502
Fax No: (941) 534-7368
Hereinafter referred to as: COUNTY
This number must appear on all Invoices and Correspondence
C-11741
M/WBE Goal: 0%
COST SHARING INFORMATION
Total Project Cost: $ 51,250.00
COUNTY Contribution: $ 10,250.00
PROJECT TITLE: WATER QUALITY SAMPLING IN COLLIER COUNTY
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Special Provisions
Exhibit "B" - General Terms and Conditions
Exhibit "C" - Statement of Work
Exhibit "D" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit"F" - Not Applicable
Exhibit"G" - Not Applicable
Exhibit "H" - Not Applicable
Exhibit "I" - Not Applicable
Exhibit "J" - Not Applicable
Exhibit "K" - Not Applicable
Exhibit "L" - Not Applicable
Exhibit "M" - FDEP Flowdown Provisions
TOTAL DISTRICT CONSIDERATION: $41,420.55
Multi-Year Funding (If Applicable)
Fiscal Year: October I, 1999-September 30, 2000 $9,432.55
Fiscal Year: October 1, 2000-September 30, 2001 $14,604.00'
Fiscal Year: October I, 2001-September 30, 2002 $17,384.00'
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TYPE:
Fiscal Year:
Fiscal Year:
Fiscal Year:
Not-to -Exceed
AGREEMENT TERM: 3 Years
EFFECTIVE DATE: Last Date of Execution by the Parties
District Project Manager: Carole A. Maddox
Telephone No: (561) 681-2500
Fax No. (561) 681-6310
District Contract Administrator:
Patrick Ryan (561) 682-6757
Fax No.: (561) 682-6397 or (561) 681-6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
Attention: Procurement Division
SUBMIT NOTICES TO THE COUNTY AT:
COLLIER COUNTY, FLOR1DA
3301 E. Tamiami Trail
Building D
Naples, FL 34112
Attention: George Yilmaz
IN WITNESS WHEREOF, the authorized representative hereby executes
Conditions under which it is issued.
COLLIER CQ~~O~.RIDA _ //
,. , ',=u puty C erk tlest aS to
Approved as t~ {oread Legal Sufficiency
this AGREEMENT on this date, and accepts all Terms and
SOUTH FLORH)A WATER MANAGEMENT DISTRICT
Accepted By:
Date:
Sheryl G. Wood, Director of Procurement
SFWMD PROCUREMENT APPROVED
By: Date:
Assistant County Attorney
SOUTH WATER DISTRICT
FLORIDA
MANAGEMENT
AGREEMENT BEC 1 q 1999
EXHIBIT "A"
SPECIAL PROVISIONS
The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General
Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this
A~reement, this Exhibit "A" shall take precedence.
1. The COUNTY agrees to comply with the applicable Florida Department of Environmental Protection
(FDEP) flowdown provisions for services performed in conjunction with Tasks 2b and 3a of the Exhibit "C"
Statement of Work. The flowdown provisions are set forth under Agreement No. GW189 and GW190 (District
references C-11730 and C-11731) executed between the DISTRICT and the FDEP, attached hereto as Exhibit
"M" and made a part of this AGREEMENT. Applicable provisions o~. this AGREEMENT include the
following: Agreement No. C-11730,' Paragraph 12 - Public Records, Paragraph 13 - Audit, Paragraph 15 -
Lobbying, Paragraph 21 - Discrimination in performance of contract, Paragraph 27 - Non-expendable
Equipment, Paragraph 29 - Convicted Vendor List, and Paragraph 30 - Applicable Laws. Agreement No. C-
11741, Section III, Repairs Required, Section XI - Subcontracting (paragraph D, Lobbying and Disclosure Act
of 1995), Section XII - "Fair Share" Requirements, Section XV - Documents and Non-expendable Equipment
(paragraph B), Section XVII, Priority of Contract, Section XIX - Audit: Access to Records (paragraph A
through G), Section XXII - Debarment and Suspension (paragraph A through C), Section XXVIII - Lobbying
Certification and Disclosure.
SFWMD OFFICE OF COUNSEL APPROVAL
By: Date:
SFWMD PROCUREMENT APPROVAL
By:
Agreement No. C- 11741
Date:
Exhibit "A" Special Provisions
Page 1 of I
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
' GENERAL TERMS AND CONDITION~[[C ~ t~ lit[lit
ARTICLE 1 - STATEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described in the "Statement of Work," attached hereto
as Exhibit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the COUNTY
shall substantiate, in whatever forum reasonably
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes. The
COUNTY shall also be required to substantiate any
and ali work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
final work product required by the AGREEMENT.
This paragraph shall survive the expiration or
termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
ARTICLE 2 - COMPENSATION/
CONSIDERATION
2.1 The total consideration for ali work required
by the DISTRICT pursuant to this AGREEMENT
shall not exceed the amount as indicated on Page 1 of
this AGREEMENT. Such amount includes all
expenses which the COUNTY may incur and
therefore no additional consideration shall be
authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the multi-year funding
allocations for each DISTRICT fiscal year indicated
on Page I of this AGREEMENT. Funding for each
applicable fiscal year of this AGREEMENT is subject
to DISTRICT Governing Board budgetary
appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this
AGREEMENT shall terminate upon expenditure of
the current funding, notwithstanding other provisions in
this AGREEMENT to the contrary. The DISTRICT
will notify the COUNTY in writing after the adoption
of the final DISTRICT budget for each subsequent
fiscal year if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to the Statement
of Work, Exhibit "C". By providing funding
hereunder, the DISTRICT does not make any
warranty, guaranty, or any representation whatsoever
regarding the correctness, accuracy, or reliability of any
of the work pefforr~.d hereunder.
2.4 The COUNTY by executing this
AGREEMENT, certifies to truth-in-negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracting. The COUNTY
agrees that the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. The
DISTRICT shall make any such adjustment within one
(1) year following the expiration or termination of this
AGREEMENT.
ARTICLE 3 - INVOICING AND PAYMENT
3.1 The COUNTY's invoices shall reference the
DISTRICT's Contract Number and shall be sent to the
DISTRICT's address specified.on Page 1 of this
AGREEMENT. The COUNTY shall not submit
invoices to any other address at the DISTRICT.
3.2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "D" and made a
part of this AGREEMENT. In the event the
schedule does not specify payment on a completion of
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budget, including but not limited to, copies
of approved timesheets, payment vouchers, expense
reports, receipts and subcontractor invoices.
Page I of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER M,A,.N,,AGEMENT DISTRICT
EXHIBIT B
GENERAL TERMS AND CONDITIONS ~C ~ t~
3.3 The DISTRICT shall pay the full amount of the
invoice within thirty (30) days following DISTRICT
acceptance of services and/or deliverable(s) required
by this AGREEMENT. However, failure by the
COUNTY to follow the foregoing instructions and
submit acceptable services and or deliverables(s) may
result in an unavoidable delay of payment by the
DISTRICT.
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on Page I of the AGREEMENT for attempted
resolution or action. The Project Managers shall be
responsible for overall coordination and oversight
relating to the performance of this AGREEMENT.
The COUNTY shall direct all administrative matters,
including invoices and notices, to the attention of the
DISTRICT's Contract Administrator specified on
Page I of the AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified maik return receipt
requested, to the respective addresses specified on Page
1 of the AGREEMENT. The COUNTY shall also
provide a copy of all notices to the DISTRICT's
Project Manager. Ail notices required by this
AGREEMENT shall be considered delivered upon
receipt. Should either party change its address, written
notice of such new address shall promptly be sent to the
other party.
Ail correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on Page I of the
AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COUNTY and the officers, employees, servants, and
agents thereof. The COUNTY warrants and
represents that it is self-funded for Worker's
compensation and liability insurance, covering at a
minimum bodily injury, personal injury and property
damage with protection being applicable to the
COUNTY's officers, employees, servants and agents
while acting within the scope of their employment
during performance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy
or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of
Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes.
5.2 In the event the COUNTY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as
required by the COUNTY. Any contract awarded by
the COUNTY for work under this AGREEMENT
shall include a provision whereby the COUNTY's
subcontractor agrees to defend, indemnify, and pay
on behalf, save and hold the DISTRICT harmless
from all damages arising in connection with the
COUNTY's subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 If either party fails to fulfill its obligations under
this AGREEMENT in a timely and proper manner, the
other party shall have the right to terminate this
AGREEMENT by giving written notice of any
deficiency. The party in default shall then have ten
(10) calendar days from receipt of notice to correct the
deficiency. If the defaulting party fails to correct the
deficiency within this time, the non-defaulting party
Page 2 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER M ,A, N. AGEMENT DISTRICT
EXHIBIT B
GENERAL TERMS AND CONDITIONS
shall have the option to terminate this AGREEMENT
at the expiration of the ten (10) day time period.
Should the DISTRICT elect to terminate for default in
accordance with this provision, the DISTRICT shall
be entitled to recover reprocurement costs, in addition
to all other remedies under law and/or equity.
6.2 The DISTRICT may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The performance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part, whenever the
DISTRICT shall determine that such termination is in
the best interest of the DISTRICT. Any such
termination shall be effected by delivery to the
COUNTY of a Notice of Termination specifying the
extent to which performance of work under the
AGREEMENT is terminated, and the date upon which
such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of termination in accordance with
Exhibit "C", Statement of Work. The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the
DISTRICT determines the exact amount due to .the
COUNTY.
6.3 If either party initiates legal action, including
appeals, to enforce this AGREEMENT, the prevailing
party shall be entitled to recover a reasonable attorney's
fee, based upon the fair market value of the services
provided.
6.4 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non-binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost
of the mediation shall be borne equally by the parties.
The mediation process shall be confidential to the
extent permitted by law.
6.5 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or property. This
provision shall not shift responsibility for loss or
damage, including 'but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the COUNTY to the DISTRICT. If this
provision is invoked, the DISTRICT shall notify the
COUNTY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitrary or capricious. The COUNTY shall then
be obligated to suspend all work efforts as of the
effective date of the notice and until further written
direction from the DISTRICT is received. Upon
resumption of work, if deemed appropriate by the
DISTRICT, the DISTRICT shall initiate an
amendment to this AGREEMENT to reflect any
changes to Exhibit "C", Statement of Work and/or the
project schedule.
6.6 The DISTRICT anticipates a total project cost
as indicated on Page 1, with the balance of matching
funds and/or in-kind services to be obtained from the
COUNTY in the amount as specified on Page I of this
AGREEMENT. In the event such COUNTY
matching funding and/or in-kind services becomes
unavailable, that shall be good and sufficient cause for
the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain ali financial and non-financial records
Page 3 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS ~EC~ 1 k 1999
and reports directly or indirectly related to the
negotiation or performance of this AGREEMENT
including supporting documentation for any service
rates, expenses, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing performance and
receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted governmental
auditing standards ali records directly or indirectly
related to this AGREEMENT. Such examination may
be made only within five years from the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availability of Records for Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
final disposition of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
7.2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, research notes, scientific data, computer
programs, including the source and object code,
which are developed, created or otherwise originated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exhibit "C", Statement of Work (the "Work"). In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all rights
it now has or may have in the Work (the "Grant").
This Grant shall be self-operative upon execution by
the parties hereto, however the COUNTY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
COUNTY may not disclose, use, license or sell any
work developed, created, or otherwise originated
hereunder to any third party whatsoever. This
paragraph shall survive the termination or expiration
of this AGREEMENT.
7.3 The COUNTY represents and warrants that
proprietary software, if any, to be provided to the
DISTRICT by the COUNTY hereunder, as
specifically identified in Exhibit "C", Statement of
Work shall have been developed solely by or for the
COUNTY, or law~'lly acquired under license from a
third party, including the right to sublicense such
software. The COUNTY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmit the software. The
COUNTY shall grant to the DISTRICT a perpetual,
non-transferable, non-exclusive right to use the
identified software without an additional fee. The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this CONTRACT
shall be returned and title transferred from the
COUNTY to the DISTRICT immediately upon
termination or expiration of this AGREEMENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination. Equipment is hereby
defined as any non-consumable items purchased by
the DISTRICT with a value equal to or greater than
$500.00 and with a normal expected life of one (I)
year or more. The COUNTY will maintain any such
equipment in good working condition while in its
possession and will return the equipment to the
DISTRICT in good condition, less normal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
performance of this AGREEMENT. However the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond the COUNTY's
reasonable control. In the event of loss or damage,
the COUNTY shall notify the DISTRICT in writing
within five (5) working days of such occurrence.
Page 4 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B" [}l:C ] 99
GENERAL TERMS AND CONDITIONS
7.5 The DISTRICT has acquired the right to use
certain software under license from third parties. For
purposes of this AGREEMENT, the DISTRICT
may permit the COUNTY access to certain third
party owned software on DISTRICT computer
systems. The COUNTY acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribute or disclose such software to any
third party. Use of or access to such software shall be
restricted to designated DISTRICT owned systems
or equipment. Removal of any copy of licensed
software is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors
or assigns, shall comply with all applicable federal,
state, and local laws and regulations relating to the
performance of this AGREEMENT. The DISTRICT
undertakes no duty to ensure such compliance, but will
attempt to advise the COUNTY, upon request, as to
any such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT. The
COUNTY shall take all measures necessary to
effectuate these assurances.
8.3 · The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is
necessary for either party to initiate legal action
regarding this AGREEMENT, venue shall be in the
Fifteenth Judicial Circuit for claims under state law and
in the Southern District of Florida for any claims which
are justiciable in federal court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consultants who shall perform work which is intended
to benefit the DISTRICT is a convicted vendor or, if
the COUNTY or any affiliate of the COUNTY has
been convicted of a public entity crime, a period longer
than 36 months has passed since that person was placed
on the convicted vendor list. The COUNTY further
understands and accepts that this AGREEMENT shall
be either void by the DISTRICT or subject to
immediate termination by the DISTRICT, in the event
there is any misrepresentation or lack of compliance
with the mandates of Section 287.133, Florida Statutes.
The DISTRICT, in the event of such termination,
shall not incur any liability to the COUNTY for any
work or materials furnished.
8.5 The COUNTY shall be responsible and liable
for the payment of all of its FICA/Social Security and
other applicable ta~(~s resulting from this
AGREEMENT.
8.6 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the COUNTY, to solicit
or secure this AGREEMENT. Further the COUNTY
warrants that is has not paid or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting
from the awarding or making of this AGREEMENT.
For breach of this provision, the DISTRICT may
terminate this AGREEMENT without liability and, at
its discretion, deduct or otherwise recover the full
amount of such fee, commission, percentage, gift, or
other consideration.
8.7 The COUNTY shall allow public access to all
project documents and materials in accordance with the
provisions, of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8.7.1 Pursuant to Sections 119.07(3)(o), and
240.241 Florida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prohibits its disclosure and
which software is a trade secret, as defined in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto agree that if a request is
made of the DISTRICT, pursuant to Chapter 119,
Page 5 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT
GENERAL TERMS AND CONDITIONS ~]EC i q 1999
Florida Statute, for public disclosure of proprietary
property being licensed to the COUNTY (Licensee)
hereunder, the DISTRICT shall advise the
COUNTY (Licensee) of such request and, as
between the DISTRICT and the COUNTY
(Licensee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility to immediately seek
and obtain such injunctive or other relief from the
Courts and to immediately serve notice of the same
upon the Licensor to protect the Licensor's claimed
exemption under the Statute.
8.8 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
commencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
AGREEMENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary.
8.9 Pursuant to Section 216.347, ES., the
COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the
Legislature, the judiciai branch, or another state agency.
ARTICLE 9 -, RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of
independent contractor between the parties and their
respective employees, agents, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services.
9.2 It is the intent and understanding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRICT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third-party
beneficiary or otherwise.
9.3 The COUNTY shall not assign, delegate, or
otherwise transfer its rights and obligations as set forth
in this AGREEMENT without the prior written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be void.
9.4 The COU1VTY shall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety for any
AGREEMENT, debt, obligation, judgement, lien, or
any form of indebtedness.
9.5 The DISTRICT assumes no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
ARTICLE 10 - M/WBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that no
Minority and Women Business Enterprises (M/WBE)
participation goal has been established for this
AGREEMENT; however, both parties agree to
provide the other advance notice of competitive
contracts that may result from this AGREEMENT
along with timelines for public notice and award of
such contracts. In the event subsequent competitive
contract awards do result in M/WBE participation,
such participation shall be reported to the other party.
Both the COUNTY and the DISTRICT will ensure
compliance with the provisions of their respective
program, laws, ordinances and policies and will
support the other's initiatives to the extent allowed by
law.
ARTICLE 11 - YEAR 2000 COMPLIANCE
In the event that the COUNTY's performance, as
required by this AGREEMENT, involves the use
Page 6 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
and/or delivery of a software, firmware and/or
hardware product of any kind, the following language
in this Article 11 shall apply:
11.1 COUNTY represents and warrants that the
software, firmware and/or hardware is designed to be
used prior to, during, and after the calendar year 2000
A.D., and that the software, firmware and/or
hardware will operate during each such time period
without error relating to date data, specifically
including any error relating to, or the product of, date
data which represents or references multiple
centuries.
11.2 Without limiting the generality of the
foregoing, COUNTY further represents and warrants:
1) that the software, firmware and/or hardware will
not abnormally end or provide invalid or incorrect
results of date data, specifically including date data
which represents or references multiple centuries; 2)
that the software, firmware and/or hardware has been
designed to ensure Year 2000 Compliance, including,
but not limited to, date data century recognition,
calculations which accommodate same century and
multiple century formulas and date values, and date
data interface values that reflect the century; and 3)
that the software, firmware and/or hardware includes
Year 2000 Compliance. For the purposes of this
AGREEMENT, Year 2000 Compliance also means
that the software, firmware and/or hardware will:
(i) manage and manipulate data involving
dates and leap year calculations, including single
century formulas and multi-~entury formulas, and will
not cause an abnormally ending scenario within the
application or generate incorrect values or invalid
results involving such dates; and
(ii) provide that all date-related user interface
functionalities and data fields include the indication
of century.
11.3 Included as part of this Year 2000 Compliance
Warranty, COUNTY shall provide to the
DISTRICT, at no additional charge with, (i) fixes,
corrections and updates to the software, firmware
and/or hardware that are necessary to ensure Year
2000 Compliance as defined herein, and (ii) advice,
consultation and assistance to use the software,
firmware and/or hardware and diagnose and correct
Year 2000 Compliance problems that may exist with
either the software, firmware and/or hardware, (iii)
and, if deemed necessary by the DISTRICT,
replacement software, firmware and/or hardware
which is compliant with this Year 2000 Compliance
Warranty.
11.4 If this AGREEMENT involves the purchase
and/or license and/or receipt of a software, firmware
and/or hardware product of any kind previously
developed by the COUNTY or other third party, and
in the event fixes,' corrections and updates of the
software are not technically feasible, the COUNTY
shall accept the return of the software, firmware
and/or hardware if this Year 2000 Compliance
Warranty is breached, and terminate any and all
applicable Schedules and/or License Agreements.
Further, the COUNTY shall refund to the
DISTRICT the full amount of the License Fee
actually paid to the COUNTY for the software; and,
in the case of hardware return, the COUNTY shall
refund to the DISTRICT the full amount of the
hardware actually paid to the COUNTY by the
DISTRICT. In addition to the foregoing, the
COUNTY shall refund to the DISTRICT all
maintenance fees paid by the DISTRICT, if any, for
on-going support, new software releases and product
updates. All such refunds shall be made to the
DISTRICT. Notwithstanding any other provision in
the AGREEMENT to the contrary, the DISTRICT
hereby reserves all rights to obtain all remedies to the
fullest extent of the law, without any limitation
whatsoever, as may be determined by a court of
competent jurisdiction (including damages and
equitable relief).
11.5 The term Year 2000 Compliance Warranty
shall mean, collectively, the warranties set forth
herein. This Article 11, in its entirety, shall survive
the expiration or termination of this AGREEMENT.
ARTICLE 12 - GENERAL PROVISIONS
12.1 Notwithstanding any provisions of this
AGREEMENT to the contrary, the parties shall not be
Page 7 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
OSOUTH FLORIDA WATER M,A, N,,AGEMENT DISTRICT
EXHIBIT B
GENERAL TERMS AND CONDITIONS DEC ~ 11 199~
held liable for any failure or delay in the performance
of this AGREEMENT that arises from rims, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, fome majeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to
perform shall be excused during the continuance of
such circumstances, but this AGREEMENT shall
otherwise remain in effect. This provision shall not
apply if the "Statement of Work" of this
AGREEMENT specifies that performance by
COUNTY is specifically required during the
occurrence of any of the events herein mentioned.
12.2 In the event any provisions, of this
AGREEMENT shall conflict, or appear to conflict,
the AGREEMENT, including all exhibits, attachments
and all documents specifically incorporated by
reference, shall be interpreted as a whole to resolve any
inconsistency.
12.3 Failures or waivers to insist on strict
performance of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors
and assigns shall not be deemed a waiver of any of its
rights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
waiver shall be effective unless in writing and signed
by the party against whom enforcement is sought. Such
waiver shall be limited to provis!ons of this
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision.
No waiver shall constitute a continuing waiver unless
the writing states otherwise.
12.4 Should any term or provision of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any
statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other
term or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
permitted by law.
12.5 This AGREEMENT may be amended only
with the written approval of the parties hereto.
12.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless~they have been reduced to writing
and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the
benefit of and shall be binding upon the parties, their
respective assigns, and successors in interest.
ARTICLE 13 - SAFETY REQUIREMENTS
13.1 The COUNTY shall require appropriate
personal protective equipment in all operations where
there is exposure to hazardous conditions.
13.2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product used..
13.3 The COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
13.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to its employees and
those of the DISTRICT on and about the site of
AGREEMENT performance.
13.5 The COUNTY shall initiate and maintain an
Page 8 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B" ~(~ ~
GENERAL TERMS AND CONDITIONS
accident prevention program which shall include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees
in the recognition, avoidance, and prevention of
unsafe conditions and acts.
13.6 The COUNTY shall erect and maintain, as
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards.
13.7 The COUNTY shall take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to:
13.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
13.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT. For accidental discharges or
releases onto the floor, air, ground, surface waters,
ground waters, it shall be the COUNTY's sole
responsibility to respond immediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
13.12 The DISTRICT may order the COUNTY to
halt operations under the AGR~ EEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public and/or DISTRICT employees,
equipment, or property exist. This provision shall not
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
13.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
13.8 The COUNTY shall provide first aid services
and medical care to its employees.
13.9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
13.10 Emergencies: In emergency affecting safety of
persons or property on or about the site or as a result
of the work; the COUNTY shall act, timely and with
due diligence, to prevent threatened damage, injury,
or loss.
13.11 Environmental: When the COUNTY,
COUNTY's subcontractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
Page 9 of 9, Exhibit "B"
Contract File:\County.doc 09/17/99
EXHIBIT "C"
STATEMENT OF WORK
WATER QUALITY SAMPLING IN COLLIER COUNTY, FLORIDA
t3ECl
DEC 1
q 1999
1. INTRODUCTION
The purpose of this three (3) year interagency Agreement between the South Florida Water Management
District (District) and Collier County Pollution Control (County) is to complete water quality sampling for
Florida Department of Environmental Protection Ambient Monitoring Program. This Agreement includes
the collection of groundwater field measurements and surface water samples as part of the Florida
Department of Environmental Protection (FDEP) Ambient Monitoring Program, and attendance at FDEP
Ambient Meetings and training sessions. Samples collected for the FDEP Ambient Monitoring Program
include surface water quality samples from three sites as part of the Surface Water Temporal Variability
(SWTV) Network. In addition, ground water field parameters will be collected from one unconfined well
monthly, and one confined well quarterly as part of the Ground Water Tomporal Variability (GWTV)
Network.
For the past fourteen (14) years, the District has entered into a reimbursement contract with FDEP to
sample groundwater monitoring wells across the District. That program was known as the Ambient
Monitoring Network. Last year the Ambient Monitoring Program expanded to include collection of surface
water samples. In 1999, the District began subcontracting with several counties to perform some of the
required ground water monitoring and surface water sampling.
2. OBJECTIVES
The primary objectives of this Agreement are to 1) decentralize regional monitoring efforts to the local
level, 2) panner with local government and 3) reduce District costs while allowing redirection of staff to
priority projects.
3. SCOPE OF WORK
The County shall collect monthly SWTV surface water samples (Attachment A) at BARRNRVR (latitude
255728N/longitude 812119W), LKTRAFRD (latitude 262522N/longitude 812937W), and MGGC@31
(latitude 261004N/longitude 814601W), and ship them to the FDEP Laboratory for analysis. The County
shall also obtain monthly GWTV field parameters on one unconfined (Attachment B) well, C-00980
(latitude 261345.6/longitude 813843.5) and one confined well, C-00956 (latitude 261345.5/longitude
813843.1) quarterly, and fax the results to the District Project Manager. The County shall input the data in
approved electronic format to be submitted to District. Lastly, the County shall attend biannual meetings as
requested by FDEP and training sessions, if offered (see Exhibit "D," Payment and Deliverable Schedule).
Page l of 5, Exhibit "C" to Agreement No. C-11741
WORK BREAKDOWN
I)EC 1 4
Task 1. Approved Comprehensive Quality Assurance Plan (CompQAP)
A Florida Department of Health (FDOH) approved CompQAP for the collection of environmental water
samples will be submitted to the District upon execution of this Agreement. The County shall maintain an
FDOH approved CompQAP for the duration of the Agreement and will submit Plan revisions to the
District upon approval by FDOH. The County shall notify the District Project Manager if they lose
approval status for their CompQAP. If needed, the CompQAP shall be revised to reflect changes in
analytical or sampling methodology and shall be approved by FI)OH and the District Project Manager prior
to the start of sampling. The District and FDEP may review field sampling and quality assurance/quality
control (QA/QC) procedures and conduct field QC audits as desired at any time.
The County shall notify the District Project Manager in writing of any quality assurance problems
encountered during the monthly sampling event.
Task 2a. Ground Water and Surface Water Quality Field Measurements and Documentation
In situ measurements of the water column shall be collected by the Cotmty for parameters as shown
Attachments A and B. A multi-parameter analyzer will be used to collect temperature, pH, specific
conductance, and dissolved oxygen. All surface water measurements and sample collection will be made at
0.5 meter below the water's surface.
The County shall ensure that at least one (two if possible) qualified sampler(s) is present during ali sample
collection. For the purposes of this Agreement, a qualified sampler shall be one who has taken the United
States Geologic Survey (USGS) sampling course or an equivalent course approved by the District within
the last five (5) years.
The County shall record all field and ancillary data in a bound notebook. The County shall submit a copy of
the appropriate field notes with each sample shipment to the FDEP. The County shall surrender the field
notebooks to the FDEP upon completion of the project. The County shall adhere to FDEP protocol for
documenting field data and will receive training on new field documentation techniques, as implemented
by the FDEP.
Task 2b. FDEP Surface Water Temporal Variability (SWTV) Network Sample Collection
The County shall obtain the sample containers from FDEP for collection of surface water samples from
three (3) sites monthly in Collier County. The County shall collect the required samples and ship on the
same day to the FDEP Laboratory for analysis. The County shall document all field conditions and
readings on the FDEP "Sample Custody Record", Figure 1 and submit a copy with each sample shipment
to the FDEP. On the day of sample collection, the County shall fax a copy of the field data and Sample
Custody Record to the District Project Manager.
The County shall ensure that the proper equipment, supplies and sampling protocol as identified in the
FDEP CompQAP are used to collect each sample. The County shall be knowledgeable of project details
prior to sampling.
Task 3a, FDEP Groundwater Temporal Variability (GWTV) Network Collection of Field
Parameters
The County shall monitor one unconfined aquifer well, C-00980 (latitude 261345.6/longitude 813843.5)
monthly, and one confined well, C-00956 (latitude 261345.5/longitude 813843.1) quarterly for field
parameters listed in Attachment B. On the day of sample collection, the County shall fax copies of field
notes and results in appropriate format to the District Project Manager.
Task 4. Professional Training / Meetings
Appropriate County staff shall attend FDEP Ambient Monitoring Program meetings semiannually. The
County shall ensure all technicians working on projects conducted under this Agreement receive basic
water quality sample collection training from the United States Geologic Survey (USGS) or equivalent
Page 2 of 5, Exhibit "C" to Agreement No. C-11741
I)EC1 q 199
vendor approved by the District. The County and District Project Manager will meet regularly to discuss
the status of this Agreement.
Task 5. Reporting
Four (4) progress reports shall be submitted to the District, one within thirty (30) days of the end of each
quarter, and the last one due on September 15 of each year. Each progress report shall indicate work
performed during the reporting period, work scheduled for the next reporting period, quality assurance
issues, and any problems encountered during sample or data collection.
5. CONTINGENCIES
Every effort will be made to complete all the tasks as described; however, it is recognized that samples may
be missed due to inclement weather or unforeseen unsafe working conditions. The County shall notify the
District Project Manager immediately if a sample can not be collected. The District may amend this
Agreement in the event of a natural disaster or major storm.
Page 3 of 5, Exhibit "C" to Agreement No. C-11741
FIELD INDICATORS
Water Temperature
pH
Specific Conductance
Dissolved Oxygen (DO)
Stage, velocity
Time, date
Secchi Depth
Total Depth
Sample Depth
ATTACHMENT A
FDEP SURFACE WATER FIELD MEASUREMENTS
LABORATORY ANALYTES
Sodium
Potassium
Calcium
Magnesium
Chloride
Fluoride
Sulfate
Nitrate + Nitrite
Ammonia
Total Kjeldahl Nitrogen (TKN-)
Ortho-Phosphate, filtered
Total Phosphorus ~"
Total Organic Carbon (TOC)
Color
Turbidity
Total Suspended Solids (TSS)
Alkalinity
Total Dissolved Solids (TDS)
Total Coliform
Fecal Coliform
Chlorophyli-a (Lakes and Non-Wadeable Rivers only)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 4 of 5, Exhibit "C" to Agreement No. C-11741
ATTACHMENT B
FDEP GROUND WATER FIELD MEASURElVlENTS
Water Temperature
pH
Specific Conductance
Dissolved Oxygen (DO)
Land Surface Elevation (LSE)
Depth to Water (from LSE)
Micro land use (once per year)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 5 of 5, Exhibit "C" to Agreement No. C-11741
D£C ~ ~ 1999
oo
EXHIBIT "D"
PAYMENT AND DELIVERABLE SCHEDULE
Quarterly reimbursement requests will be submitted before the end of the month following the quarter (e.g.
for the quarter, October 1,1999 - December 31, 1999, the reimbursement request will be due before
January 31, 2000). All invoices will list the deliverables submitted to the District during the quarterly
reporting period, including (but not limited to) raw data transmittals, monthly verified data
transmittals/summary reports, and tasks conducted in accordance with the requirements set forth under
Tasks I through 5. Upon receipt and/or documentation of completion and acceptance of deliverables by the
District, the District agrees to pay the County as specified below. Payment will be contingent upon delivery
and District acceptance of all products due within the invoiced period.
FY2000 Tasks I through 5 are as follows: ,.-
Task Deliverable Description Due Date FY2000
Quarterly
Payments
Task 1" Submit FDEP approved Comprehensive Quality Upon contract execution.
Assurance Plan (CompQAP)
Task2A Collect GWTV and SWTV field measurements Date of collection.
apd fax to SFWMD Project Manager.
Task2B Collect SWTV samples and submit to FDEP Date of collection. $858.14
Laboratory.
Task3A Collect GWTV field measurements at one Monthly/Quarterly $750.00
unconfined well and one confined well.
Task 4 Travel to FDEP Ambient meetings and training. To be determined. ,, $750.00
~'ask 5 Submit progress report indicating work performed Quarterly
to District Project Manager.
Total Quarterly Payments pe.r Year $2~J58.14
TOTAL $9,432.55
FY2001 Tasks I through 4 are as follows:
Task Deliverable Description Due Date FY2001
Quarterly
Pay.ments
Task 1 Recon an estimated 25-30 surface water sites for Quarterly $1,250.00
DEP status network
Task 2 Sample DEP IWRM Date of collection $90i.00
Task 3 Travel to FDEP Ambient meetings and training. To be determined. $~/~0.00
Task 4 Field garamet.e, rs - GWTV - DEP 2 wells Monthly/Quarterly $750.00
Total Quarte.rly Payments per Year $3~651..00
TOTAL $14~604.00
Page I of 2, Exhibit "D to Agreement No. C-1174i
I)EC i
FY~O0~ Tasks 1 U~rou§h 4~e a~ ~ollows:
Task Deliverable Description Due Date FY2002
Quarterly
Payments ,
Task 1 Sample estimated 25~30 s.w. sites for FDEP status Quarterly $1,750.00
network
Task 2 Sample DEP IWRM Date of collection $94~.00
Task 3 Travel to FDEP Ambient meetings and train..ing. To be determined. $750.00
Task 4 Sample - GWTV wells - 2 - FDEP Monthly/Quarterly $900.00
Total Quarterly Payments per Year $4~346,.00
TOTAL .$17~384.00
Page 2 of 2, Exhibit "D to Agreement No. C- 11741
EXHIBIT "M"
FWMD Contract ~]o.C-11730
· ~
CONTRACT
DEP Contract No. GW189
THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee,
Florida 32399-2400 (hereinafter referred to as the "Department") and the SOUTH FLORIDA
WATER MANAGEMENT DISTRICT whose address is Water Quality Monitoring Division,
P.O. Box 24680, West Palm Beach, Florida 33416-4680 (hereinafter referred to as the
"Contractor"), a governmental entity, for ground water sampling and maintenance of the
Ambient Monitoring Network in the South Florida Water Management District.
In consideration of the mutual benefits to be derived herefrom, the Department and
Contractor do hereby agree as follows:
The Department does hereby retain the Contractor for ground water sampling and
maintenance of the Ambient Monitoring Network in the South Florida Water
Management District as defined herein and the Contractor does hereby agree to
perform such services upon the terms and conditions set forth in this Contract,
Attachment A (Scope of Services), and all attachments and exhibits named herein
which are attached hereto and incorporated by reference.
The Contract¢
determined b
necessary to
otherwise spe
The Contract(
representative
.r shall perform the services in a proper and sati.~
' the Department. Any and all equipment, pro
3erform this Contract shall be supplied by the
:ified herein.
~r shall perform as an independent contractor an,
., or employee of the Department.
factory manner as
tucts or materials
;ontractor, unless
not as an agent,
As consideration for the services rendered by the Contractor under the terms of
this Contract, the Department shall pay the Contractor on a fixed price basis in the
amount of $146,000 as specified in Attachment A. All bills for amounts due under
this Contract shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. All travel and incidental expenses are included in the fixed price
amount of this Contract.
This Contract shall begin upon execution by both parties or October 1, 1999
(whichever is later) and remain in effect until September 30, 2000, inclusive. In
accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be
eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract may be renewed for an additional term not to exceed the
original Contract period unless the original contract period is 24 months or less, in
which case the Contract may be renewed up to two additional one-year periods.
Renewal of this Contract shall be in writing and subject to the same terms and
DEP Contract No. GW189, Page I of 7
EXHIBIT "M" SFWMD Contract No. C-1173i
BEC 1 q
DEP CONTRACT NO. GWlg0
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AGREEMENT FOR WATER MANAGEMENT DISTRICT
AMBIENT MONITORING OF SURFACE WATER
This Agreement is made and entered into between the FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahasse¢, Florida
32399-2400, hereinafter referred to as the DEP, and the SOUTH FLORIDA WATER MANAGEME2qT
DISTRICT, whose address is Water Quality Monitoring Division, P.O. Box 24680, West Palm Beach,
Florida 33416-4680, hereinafter referred to as the CONTRACTOR.
W1TNESSETH:
WHEREAS, the DEP has received Section 604(b) grant funds (CFDA 66.454) from the U.S.
Environmental Protection Agency (EPA) for surface water programs in the state of Florida; and,
WHEREAS, the DEP wishes to use funds from the above grant to obtain ambient surface water
quality data in the water management district managed by the CONTRACTOR; and,
WHEREA,~ services leeded for ambient surface
water quality data
NOW, THI
and for other goo
CONTRACTOR
and conditions st~
al covenants herein contained,
the CONTRACTOR and the
ter authorized, upon the terms
SECTION I - SCOPE OF THE PROJECT
A. General Provisions
The CONTRACTOR shall perform the services and specific responsibilities as set forth in
Attachment A, entitled "Scope of Services", attached hereto and made a part hereof.
B. General Responsibilities of the CONTRACTOR
The CONTRACTOR is responsible for the professional quality, technical, accuracy, timely
completion and coordination of all designs, drawings, specifications, reports and other
services furnished by the CONTRACTOR under this Agreement. If the Agreement involves
environmental measurements or data generation, the CONTRACTOR shall comply with
EPA quality assurance requirements in 40 CFR 30.54 or 31.45, as applicable. The
CONTRACTOR shall, without additional compensation, correct or revise any errors,
omissions or other deficiencies in its designs, drawings, specifications, reports and other
services.
The CONTRACTOR shall perform the professional services necessary to accomplish the
work specified in this Agreement in accordance with this Agreement and applicable EPA
requirements in effect on the date of execution of the assistance agreement for this project.
The DEP's or EPA's approval of drawings, designs, specifications, reports and incidental
work or materials furnished hereunder shall not in any way relieve the CONTRACTOR of
DEP Contract No. GW190, Page 1 of 12
December 14, 1999
Item #16A14
RFP 99-2920 AWARDED TO IMAGE ONE, INC. TO IMPLEMENT AND INSTALL
ELECTRONIC DOCUMENT MANAGEMENT SYSTEMS.
Item #16A15
RESOLUTION 99-451,AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
"KENSINGTON PARK, PHASE 3A.AND RELEASING THE MAINTENANCE SECURITY.
Page 176
DEC 1 1999
RESOLUTION NO. 99- 4 51
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN KENSINGTON PARK,
PHASE 3A, 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
April 2, 1996 approved the plat of Kensington Park, Phase 3A for re:cording; 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 Kensington Park,
Phase 3A, 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.
,,,, 1 1999
: '~ · ~axt.....: ~Q~T E, BROC~ CLE~
Approved as to ~o~ ~d legal
sufficiency: ,
~eidi ~ ~hton'
Assist~t Collier County A~omey
BOARD OF COUNTY COMMISSIONERS
By:Il l /_)' !
PMIaaLA S. ~A¢'~,m,
/
December 14, 1999
Item #16A16
RESOLUTION 99-452, AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
"BRIARWOOD UNIT FOUR AND RELEASING THE MAINTENANCE SECURITY.
Page 177
RESOLUTION NO. 99- 4 5 2
DEC !
1999
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN BRIARWOOD UNIT FOUR,
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
November 12, 1996 .approved the plat of Briarwood Unit Four 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 Briarwood Unit
Four, 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.
'~..:~;':;'??::~ :': D~Yf~;;;/DEC 1 ~ 1999 BOARD OF COUNTY COMMISSIONERS
· ;>?: '; ..... ATTEST: CO
'"'.' ,",' , : ,';; i ', ~WmHT E. ~ROCr, CLEm~
P~iELA S. ~Ab'~3E,
Attest as to Chairman's
slgaature
Approved as to form and legal
sufficiency:
Hei d~i F.~Fi~shtc~
Assistant Collier County Attorney
December 14, 1999
Item #16A17
RESOLUTION 99-453 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
"KENSINGTON PARK, PHASE TWO. AND RELEASING THE MAINTENANCE SECURITY.
Page 178
RESOLUTION NO. 99- 4 5 3
11[.c 11, 1999
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN KENSINGTON PARK,
PHASE TWO, 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
November 15, 1995 approved the plat of Kensington Park, Phase Two 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 Kensington Park,
Phase Two, 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.
DWlGI-~T~.E. BROCK, CLERK
Chairman a
onlg.
Approved as to form and legal
sufficiency:
Heidi F. Ashton
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI~ORID~_j~
December 14, 1999
Item #16A18
RESOLUTION 99-454 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
.BRIARWOOD UNIT THREE. AND RELEASING THE MAINTENANCE SECURITY.
Page 179
RESOLUTION NO. 99- 4 5 4
RESOLUTION AUTHORIZING b lNAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN BRIARWOOD UNIT THREE,
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
November 14, 1995 approved the plat of Briarwood Unit Three 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 Briarwood Unit
Three, 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.
.' ATTEST:
DWIGHT E. BROCK, CLERK
Attest as to Chairman's
sl ature on15.
Approved as to form and legal
sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~ei'd~ F..~sht~n ' '
Assistant Collier County Attorney
December 14, 1999
Item #16A19
RESOLUTION 99-455 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
"JOHNNYCAKE COVE. AND RELEASING THE MAINTENANCE SECURITY.
Page 180
RESOLUTION NO. 99- 4 5 5
DEC
1999
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS 1N JOHNNYCAKE COVE,
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
February 25, 1997 approved the plat of Johnnycake Cove 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 Johnnycake Cove,
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.
1.4.~", ,. ,~ ~ ",~ ~..
DEC 1 1999
5?:'; ' ': DmG~T E. BROCK, CLE~
.q"";:> , . ,.,~ . .
Attest as to Chatraaa'$
Approved as to form and legal
sufficiency:
le 'i V Xs'ht&
Assistant Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLbEI{ COUNTY, FLORII~A /
December 14, 1999
Item #16A20
RESOLUTION 99-456 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF
,,KENSINGTON PARK, PHASE 3B" AND RELEASING THE MAINTENANCE SECURITY.
Page 181
RESOLUTION NO. 99- 4 5 6
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN KENSINGTON PARK,
PHASE 3B, 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
March 3, 1997 approved the plat of Kensington Park, Phase 3B 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 Kensington Park,
Phase 3B, 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.
,
DmGHT E. BROCK, CLE~
st ature
Approved as to ~o~ ~d
Heidi F. Ashton
Assist~t Collier Co~ A~omey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
P
December 14, 1999
Item #16A21
RESOLUTION 99-457 AUTHORIZING FINAL ACCEPTANCE OF THE ROADWAY,
DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AVILA
UNIT ONE" AND RELEASING THE MAINTENANCE SECURITY.
Page 182
RESOLUTION NO. 99-4 5 7
DEC 999
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN AVILA UNIT ONE,
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
March 24, 1998 approved the plat of Avila Unit One 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 Avila Unit One,
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.
BOARD OF COUNTY COMMISSIONERS
Approved as to form and legal
sufficiency:
Heidi F. Ashton
Assistant Collier County Attorney
December 14, 1999
Item #16A22
FINAL PLAT OF "GREY OAKS UNIT FIFTEEN" WITH THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE PERFORMANCE SECURITY IN
THE AMOUNT OF $422,745.8%.
Page 183
DE(:: 1 q 1999
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS entered into this /~/ day of~/,a~/~, between Grey Oaks Development
Corporation, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County,
Florida, hereinafter referred to as "The Board".
RECITALS:
A. Developer has, simultaneously, with the delivery of this Agreement, applied for the approval by
the Board of a cemain plat of a subdivision to be known as: Grey Oaks Unit 15.
B. Division 3.2 of the Collier County Land Development Code requires the Developer to post
appropriate guarantees for the construction of the improvements required by said subdivision regulations, said
guarantees to be incorporated in a bonded agreement for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinaPt set
forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water,
sanitary sewer and street lighting improvements for Grey Oaks Unit 15 within twenty-four (24) months fi'om the
date of approval of said subdivision plat, said improvement hereinafter referred to as the "required
improvements."
2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A"
and by reference made a part heren0 in the amount of~ [ I~ , ~:>~ ~. ~_ g~.. Dollars
which amount represents ten percent (10%) of the total contract cost to complete construction plus one hundred
percent (100%) of the estimated cost of to complete the required improvements at the date of this Agreement.
DEC i Q 199g
Construction and Maintenance Agreement Page 2
Grey Oaks Unit 15
3. In the event of default by the Developer or failure of the Developer to complete such
Improvements within the time required by the Land Development Code, Collier County, may call upon the
subdivision performance security to insure satisfactory completion of the required improvements.
4. The required unprovements 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
COdel
5. The Development Services Director shall, within sixty (60) days of receipt of the statement of
substantial completion, either: a) notify the Developer in writing of its preliminary approval of the improvements;
or b) notify the Developer in writing of its refusal to approve unprovements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no
event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact
constructed and submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall mamt~m all required improvements for a minimum periOd of one year ~
preliminary approval by the Development Services Director. After the one year maintenance periOd by the
Developer has terminated, the Developer shall petition the Development Services Director to inspect the required
improvements. The Development Services Director or his designee shall inspect the improvements and, if found
to be still in compliance with the Collier County Land Development COde as reflected by final approval by the
Board, the Board shall release the remaining ten percent (10%) of the subdivision performance security. The
Developer's responsibility for maintenance of the required Improvements shall continue unless or until the Board
ac~cepts maintenance responsibility for and by the County.
Construction and Mainterrence Agreement Page 3
Grey Oaks Unit 15
7. Six (6) months after the execution of this Agreement and once within every six (6) months
thereafter the Developer may request the Development Services Director to reduce the dollar amount of the
subdivision performance security on the basis of work completed. Each request for a reduction in the dollar
amount of the subdivision performance security shall be accompanied by a statement of substantial completion by
the Developer's Engineer together with the project records necessary for review by the Development Services
Director. The Development Services Director may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of' the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure the County Administrator may call upon the subdivision performance security to
secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the
right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and
receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the
subdivision performance security, shall be liable to pay and to indemmfy the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding upon the
Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed
by their duly authorized representatives thisday of
Signed, Sealed and Delivered
,2000.
DEVELOPER:
Grey Oaks Development Corporation:
Construction and Maint~nanc~ Agr*~ment
Grey Oaks Unit 15
in th¢l~,esence o~
Signature
DORIS J. LEWIS
Printed or typed name
Sil~ture
Printed or typed name
ATIEST': ' '
DWIGHT E. BROCK;~CLERK
Thomas W. Sansbury ~
Printed or typed name
President
Title
BOARD OF COUNTY COMMISSIONERS
OF COLLIE~T' ~F~~//
By: - /~
- Chairman -' Y ~'--
COLL%ER COUNTY LAND DEVELOPMENT CODE
Performance Bond
BOND #128000985
KNOW ALL PERSONS BY THESE PRESENTS: that The Halstart Partnership, 2600 Golden Gate
Parkway, Naples, Florida 3,t105 (hereinafter referred to as "Owner") and Antwest Surety %nsurance
Company, 500 W Cypress Creek Rd #240 Ft Lauderdale, FL 33309-6100 (hereinafter referred to as
~Surety'') are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total
aggregate penal sum of One Hundred Thirteen Thousand, eight Hundred Sixty Seven Dollars & 24/100
($113,867.24) in lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, joinfly and
severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context
requires.
THE CONDITZON OF TH%S OBLZGA'I'ZON is such that whereas, the Owner has submitted for approval
by the Board certain subdivision pla)(t named Grey Oaks Unit #15 and that certain subdivision shall
include~ specific improvements which are required by Collier County Ordinances and Resolutions
(hereinafter "Land Development Regulations"). This obiiaation of the Surety shall commence on the date
this Bond is executed and shall continue until the date of final acceptance by the I~oard of Cour~tyn
Commissioners of the specific improvements described in the Land Development Reoulations (hednafter
the "Guaranty Period"). ~
NOW, THEREFORE, if the Owner and Grey Oaks Development Corporation shall well, truly and faithfully
perform its obligations and duties in accordance with the Land Development Regulations during the
guaranty period established'by the County,and the Owner and Grey Oaks Development Corporation shall
satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and
against all costs and damages which it may suffer by reason of Owner's failure to do so and shall
reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to remain in full force and effect.
PROVZDED, FURTHER, that the Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in
any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the
Owner and the Surety to the full and faithful performance in accordance with the Land Development
Regulations the term "Amendment", wherever used in this Bond, and whether referring to this Bond, or
other documents shall include any alteration, addition or modification of any character whatsoever.
ZN WTrNESS WHEREOF, the parties hereto have caused this Instrument to be executed this
,-9-t1~ ~ day of ~-~Lo~)C,~ ,
~//~~ ~, ./~ ~,~' The Halstart Partnership
Witness to/:~eneral Partner CA.~,y,J
~ness tgGeneral Partn-e? ~ by lullet~C. Sp-rouJ,~ren~ral Partner
W.~t~ ness_to Surety ~ _ - I~n ~-Keller as ~,ttorn~y i~-Fa~t of'~
~~ ~ A~west Sure~ ~nsurance
cou 0
~e forgoing instrument was ac~owl~g~ ~fom me this ~ day of ~ 2000,
by Juliet C. Sproul, General PaAner of ~e Hals~ ~nemhip a Florid~(s~te or place of
incor,ration) pa~nership, on ~half of the paAnership. He/s~e is ~nally ~own to m~,or who has
produced , No. as identifi~tion and ~
(did no ) take an oath.
blo'r~lty Pu~.IG
COUNTY
(Signature of person taking acknow.)
(Name of acknow. Type/print or stamp.)
(Title or rank)
(Serial Number, if any)
The foregoing instrument was acknowledged before me this ~ day of ~un~_~ 2000,
by Karen A Keller, attorney in fact for Arewest Surety ][r]~ural~ce, a Nebraska Corooration on behalf
of the corporation. He/she is personafly knowR ~o me or who has produced
No.
take an oath.
as identification and~-(did not)
(Signature of person taking acknow.)
(Name of acknow. Type/print or stamp.)
(Title or rank)
.(Serial Number, if any)
(NOTARY'S SEAL)
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Expiration Date: 11/! 1/00 POWER NUMBER 0000947945
IThis document is printed on white paper containing the artificial watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper
on tba back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not ba used in con~unction with any other POA. No
representations or warranties regarding this POA rmy be Irade by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Arewest Surety Insurance Company (the "Company") shalI not be liable on any limited POA which is fi'audulenfiy produced, forged or otherwise
distributed without the permission of the Con.any. Any party concerned about the validity of this POA or an accompanying Conq~any bond should call your local Arewest
branch office at (gl 3) 2g?-1~76
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint:
Karen A. Keller
Ron Kasarda
Mark Benson
Piper Kelly Hunt
Paula A. Murdoek
As Employees of Sedgwick of Florida, Inc.
its true and lawful AtWrney-in-fact, with limited power and authority for and on bohalf of the Company as surety to execute, deliver and affix the seal of the company thereto
ira seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
Bid Bonds up to $500,000.00
.~Contraet Bonds up to $1,000,000.00
License and Permit Bonds up to $100,000.00
Miscellaneous Bonds Up To $100,000.00
and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect.
l, the undersigned secretary of Arewest Surety Insurance Company, a Nebraska co~oration, DO HEREBY CERTIFY that this Power of Atturney remains in full force and
effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Arewest Surety Insurance Company set forth on this Power of Attorney, and
that the relevant provisions of the By-Laws of each company, are now in full force and effect.
BondNo. OCO e'--';igned&, a,edfuisa- dayof
/ Karen O. Cohen, Secretary
* * * * * * * * * * * * * * * * * RESOLUTIONS OF TH£ BOARD OF DIRECTORS
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Arewest Surety Insurance Company
at a meeting duly held on December 15, 1975:
RESOLVED, that the President or any Vice President, in conjunc6on with the Secretary or any Assistant Seeretury, rmy appoint attorneys-in-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such aRorney-in-fact or agent and revoke any POA
previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recogoizanc¢, or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (ira seal be required) by any Secretary or Assistant Secretary; or
(it) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (ifs seal be required) by a duly
authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal he required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may bo affixed by facsimile to any POA or cerfification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its propor officers, and its corporate seals to be hereunto affixed this
25a day of September, 1998.
State of California
County of Los Angeles
On September 25, 1998 before me, Peggy B. Lotion Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
,,,,, ~ ~.......-...=.....~r,~ ,...
~l,,- \ 1995
%;;~,".. R~- ..E~,~.-
WITNESS my~ and official seal.
5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000
December 14, 1999
Item #16A23
FINAL PLAT OF "GREY OAKS UNIT SIXTEEN,, WITH THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE PERFORMANCE SECURITY IN
THE AMOUNT OF $210,891.45.
Page 184
DEC t999
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this [~-t~.day of~~,. 1999, between Grey Oaks
Development Corporation, hereinafter referred to as "Developer", and the Board of County
Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS:
A.. Developer has, simultaneously, with the delivery of this Agreement, applied for the
approval by the'Board of a certain plat of a subdivision to be known as: Grey Oaks Unit 16..
B. Division 3.2 of the Collier County Land Developme.nt 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 agt'eement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water,
irrigation water, sanitary sewer and street lighting improvements for Grey Oaks Unit 16 within
twenty-four (24) months from the date of approval of said subdivision plat, said improvement
hereinafter referred to as the "required improvements."
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of[ ~.~ q~ /a'5 "/. ~ ~
Dollars which amount represents ten percent (10%) of the total contract cost to
complete construction plus one hundred percent (100%) of the estimated cost of to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may call
upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance with
the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of its preliminary
approval of the improvements; or b) notify the Developer in writing of its refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the Development
DEC I 199§
Services Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining ten percent (10%) of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's Engineer together with
the project records necessary for review by the Development Services Director. The Development
Services Director may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure the County Administrator may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this ~'~"~ll.day of~ e.~.w,94,ll..,
1999.
Signed, Sealed and Delivered
~rgsenf,~ offi3,a '/
S~gdature
KIM D. DAVIDSON
Printed or type~d name
Printed ~r ~ped name
DEVELOPER~
~rey Oaks~/~p. ment Co'ration:
Thomas W. SanpSrbinury//te~ typed name
President
~)EC ~ .~ 199§
ATTEST:
BOARD OF COUNTY COMMISSIONERS
o~ co~ oo~._~,o~
P RWOMAN
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
BOND #125000342
KNOW ALL PERSONS BY THESE PRESENTS, that The Halstatt Partnership, 2600 Golden Gate
Parkway, Suite # 105, Naples, FL 34105 (hereinafter referred to as "Owner") and Amwest Surety Insurance
Comoanv 4830 W. Kennedy Blvd., #540, Tamps, Florida 33612 (hereinafter referred to as
"Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the
total aggregate sum of Two Hundred Fifty Seven Thousand Six Hundred Thirty Seven Dollars & 71/100
($257,637.71) in lawful money of thc United States, for the payment of which sum well and truly to bc made,
we bind ourselves, our heirs, executors, adminisWators, successors and assigns, jointly and severally, firmly
by these presents. Owner and Surety are used for singular or plural, as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval
by the board a cerhain subdivision plan named Grey Oaks Unit #16, and that eerlain subdivision shall inchidc
specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land
Development Regulations'). This obligation of the Surety shall commmce on the date this Bond is executed
and shall continue until the date of final acceptance by the Board of County Commissioners of the specific
improvements described in thc Land Development Regulations (hereinafter the "Guaranty Period").
NOW, THEREFOREa if the Owner and Grey Oaks Development Corporation shall well, truly and
faithfully perform its obligations and duties in accordance with the Land Development Regulations during
the Guaranty Period established by the County, and the Owner and Grey Oaks Development Corporation
shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from
and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall
reimburse and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to rca~in in full force and effect.
PROVIDE, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any
way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind thc Owner and thc Surety to
the full and faithful performance in accordance with the Land Development Regulations. The term
"Amendment", wherever used in lhis Bond, and whether referring to this Bond, or other documents, shall
include any alteration, addition or modification of any character whatsoever.
Page 1 of 2
O EC i 1999
IN WITI~ .ESS kt(HEREOF, the parties have caused this PERFORMANCE BOND to be executed this
dayof Ik]Od£r~¢ ,1999.
W~eneral marmer ~ i~IN KO~ff:fllet-C. Sproul, Gen~ra~ par~r
Wimess to GenerM Parmer ~1~ D. DAVIDSON
~ds to Sure, r ~'~~~ ~~y in ficCof ' -
~ ~ ~west Sure~ Insurmce
STATE
county
The foregoing instrument was acknowledged before me this
day of
Sproul, General Partner (name of officer or agent, 6tle of officer or agent) of
.parmership acknowledging), a Florida (state or place of incorporation) parmership, on behalf of the partnership. He/she
is ~ersonally know to me or who as produced , No. as
identification ~ not) take an oath.
STATE
COUNTY
ix./oUe,~ec 1999, by Juliet C.
The Halstatt Partnership (name of
(Signature of person taking acknow.)
(Name of acknow.type/print or stamp.)
(Title or rank)
(Serial number, if any)
(NOTARY'S SEAL)
il_~?'~i'T~ MY COMMISSION ~ CC S~ II
[l~L~j~ EXPIRES: May 27, 2~3
II
The foregoing instrument was acknowledged before me this ') 9 day of October 1999, by Ka r~_n
Keller attorney in faclltlame of officer or agent, rifle of officer or agent) of Amwest Surety Insurance
(name of corporation acknowledging), a Nebraska (state or place of incorporation) corporation, on
behalf of the corporation. He/she is ~ersonallv know to me or who as produced , No.
as identification anc~(el~(did not~) take an oath.
~~--(~ ~ (Signature of person taking acknow.)
-T~-~ t~ {]~r~.~ (Name of acknow.type/print or stamp.)
(Title or rank)
(Serial number, if any)
(NOTARY'S SEAL)
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
O EC i 1999
Expiration Date: 11/11/00 POWER NUMBER 0000947946
This document is printed on white paper containing the artificial watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at (813) 287-1576
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint:
Karen A. Keller
Ron Kasarda
Mark Benson
Piper Kelly Hunt
Paula A. Murdock
As Employees of Sedgwick of Florida, Inc.
its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
Bid Bonds up to $500,000.00
Contract Bonds up to $1,000,000.00
License and Permit Bonds up to $100,000.00
Miscellaneous Bonds Up To $100,000.00
and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect.
1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and
that the relevant provisions of the By-Laws of each company, are now in full force and effect.
* * * * * * * ~ * * * * * ~ * * ~ RESOLUTIONS OF THE BOA~ OF DIRECTORS
This POA is signed and staled by facsimle under and by the au~ of the follo~ng resolutions adopted by the Bmrd of Directors of Amwest Surety Insurance Co.any
at a ~eting duly held on Dece~ 15, 1975:
~SOL~D, t~t the ~esident or any Vice President, in conjunction Mth the Secrem~ or any Assistant Secretory, ~y appoint attorneys-in-fact or ag~ts with
authoh~ as defined or li~ted in the ins~ummt evidencing the ap~int~nt in each case, for and on ~half of the Company, to execute and deliver and affix the seal of the
Co.any to bonds, und~kings, reco~imnces, and suretyship obligations of all kinds; and said offices ~y re.ye any such aRomey-in-fact or agent and revoke any POA
previously ~anted to such ~rmn.
~SOLVED F~THER, that any bond, undermking, reco~imnce, or sureWship obligation shall be valid and bind u~n the Com~ny:
(i) when si~ed by the President or any Vice President and attest~ and sealed (ifa seal be required) by any Secre~ry or Assistant Secre~ry; or
(ii) when signed by the Presid~t or any Vice President or Se~emry or Assistant Seventy, and count~si~ed and ~aled (if a seal be required) by a duly
authorized attorney-in-fact or agent; or
(iii) whm duly executed and sealed (if a seal ~ required) by one or more attorneys-in-fact or agents pursuant to and within the limts of the authoriW
evidenced by the ~wer of aRorney issued by the Co.any to such person or persons.
~SOLVED F~THER, that the signature of any aut~rized officer and the seal of the Company ~y ~ affixed by facsi~le to any POA or ce~ification thereof
autbori~ng the execution and deliv~y of any bond, undertaking, r~o~i~nce, or other suretyship obligations of the Company; and such si~amrc and ~al wh~ so used shall
~ve ~e ~me force and effect as though ~nually affix~.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this
25* day of September, 1998.
State of Call fornia
County of Los Angeles
On September 25, 1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the
same in his/her/their authorized capacity(les), and that by his/ber/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
,,,,% so2%,,,,
~o~i~ DEC. 14, i_-'-
%; ~,':': ............. :,-n ;,,~
WITNESS my~'~ and official seal.
5230 Las Virgenes Road Calabasas, CA 91302
TEL 818 871-2000 [
December 14, 1999
Item #16A24
FINAL PLAT OF .GREY OAKS UNIT FOURTEEN. WITH THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND THE PERFORMANCE SECURITY IN
THE AMOUNT OF $1,272,256.59.
Page 185
1999
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this iq'tH.day of~_e.~,~ ~o~], between Grey Oaks
Development Corporation, hereinafter referred to as "Developer", and the Board of CoUnty
Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
RECITALS:
A.. Developer has, simultaneously, with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as: Grey Oaks Unitl4.
B. Division 3.2 of the Collier County Land Development Code requires the Developer
to post appropriate guarantees for the construction of the improvements required by said
subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: The paving, drainage, potable water,
irrigation water, sanitary sewer and street lighting improvements for Grey Oaks Unit 14 within
twenty-four (24) months from the date of approval of said subdivision plat, said improvement
hereinafter referred to as the "required improvements."
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of
'//23/99-62fl74 Ver: 0l !-JDZUINES
NO 1204)45-OO2-ESBM-23146
O EC ! 1999
Construction and Maintenance Agreement Page 2
Grey Oaks Unit 14
Dollars which amount represents ten percent (10%) of the total contract cost to
complete construction plus one hundred percent (100%) of the estimated cost of to complete the
required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County, may call
upon the subdivision performance security to insure satisfactory completion of the required
improvements.
4. The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance with
the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of its preliminary
approval of the improvements; or b) notify the Developer in writing of its refusal to approve
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director's approval of the improvements. However, in no event shall the Development
Services Director refuse preliminary approval of the improvements if they are in fact constructed
and submitted for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by the Development Services Director. After the one year
7/23/99-62874 V~: 01 !-JDZUINES
NO 120-045-002 .ESBM-23146
O EC I 199 t
Construction and Maintenance Agreement Page 3
Grey Oaks Unit 14
maintenance period by the Developer has terminated, the Developer shall petition the Development
Services Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier
County Land Development Code as reflected by final approval by the Board, the Board shall
release the remaining ten percent (10%) of the subdivision performance security. The Developer's
responsibility for maintenance of the required improvements shall continue unless or until the
Board accepts maintenance responsibility for and by the County.
7. Six (6) months after the execution of this Agreement and once within every six (6)
months thereafter the Developer may request the Development Services Director to reduce the
dollar amount of the subdivision performance security on the basis of work completed. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's Engineer together with
the project records necessary for review by the Development Services Director. The Development
Services Director may grant the request for a reduction in the amount of the subdivision
performance security for the improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure the County Administrator may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the
?/23/99-62874 Vcr 01!*JDZUINES
NO 120-045-O02-ESBM-23146
! 1999
Construction and Maintenance Agreement Page 4
Grey Oaks Unit 14
improvements required herein. The Developer, as principal under the subdivision performance
security, shall be liable to pay and to indemnify the Board, upon completion of such construction,
the final total cost to the Board thereof, including, but not limited to, engineering, legal and
contingent costs, together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to
be executed by their duly authorized representatives this .1~ l~.day
Signed, Sealed and Delivered
in th~:w~.ce o~ ~
Signature
DORIS J. LEWIS
Printed or typed name
Signature
LEA ANN KORN
Printed or typed name
DEVELOPER:
Grey Oaks Deve~~t Corp~
Thomas W. Sansbury ~
Printed or ~name
President
Title
7/23/9942874 Vcr' OI!-JDZUINES
NO 12fI-O45-OO2-ESBM-23146
, 9EC ~ ~ 199~
Construction and Maintenance Agreement
Grey Oaks Unit 14
Page 5
' -'"~";..DWIGfl~'~, BROCK, CLERK
:',. ":;':'?' ':' :'Dcpu~Ele:?~-'<A~'t. es'/t aS ~
'::>d,':~:.:,<f:::~':.~d'~s to fo~ and legal sumciency:
D
avid C. Weigel, Esquire
Collier Coun~ A~omey
BOARD OF COUNTY COMMISSIONERS
OF COLLIER. COUNTY, FLORIDA
I Chainn~a~ - )
7/23/99-62874 Vet: 0 I)-.IDZUINES
N0120-O45-002 -ESBM-23146
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
BOND # 128000341
KNOW ALL PERSONS BY THESE PRESENTS: that The Halstatt Partnership, 2600 Golden Gate
Parkway, Suite #105, Naples, FL 34105 (hereinafter referred to as "Owner') and Amwest Sure~
Insurance Company, 4830 W. Kennedy Blvd., #540, Tampa, Florida 33612 (hereinafter referred to as
"Surety") are held and firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the
total aggregate sum of One Million Three Hundred Forty Three Thousand Three Hundred Fifty Dollars &
69/100 ($1,343,350.69) in lawful money of the Untied States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents. Owner and Surety are used for singular or plural as the context requires.
THE CONDITION OF THIS OBLIGATION is such that where as, the Owner has submitted for
approval by the Board certain subdivision plat named Grey Oaks Unit # 14 and that certain subdivision shall
include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter
"Land Development Regulations''). This obligation of the Sure .t3, shall commence on the date this Bond is
executed and shall continue until the date of final acceptance by the Board of County Commissioners of the
specific improvements described in the Land Development Regulations _(hereinafter the "Guaranty Period').
NOW, THEREFORE, if the Owner and Grey Oaks Development Corporation shall well, truly and
faithfully perform its obligation and duties in accordance with the Land Development Regulations during the
guaranty period established by the County, and the Owner and Grey Oaks Development Corporation shall
satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and
against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse
and repay the County all outlay and expense which the County may incur in making good any default, then
this obligation shall be void, otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the Surety, for value received hereby, stipulates and agrees that no change,
extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way
affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration, addition or deletion to the proposed specific improvements.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically
and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to
the full and faithful performance in accordance with the Land Development Regulations the term
"Amendment", wherever used in this Bond, and whether referring to this Bond, or other documents shall
include any alteration, addition or modification of any character whatsoever.
Page 1 of 2
[]EC ~ ~, 199~
IN WI'I'NE.~,. WHF_,RI~OI~, the p~ies h~ve c~uscd ~hls I~ERFORMANCE BOHD to be exe~md this
d~, n~ _ ~_'.:_~,'~,~ c .1999. '
Ge~eeal P~cr
LEA ANN ~ c sp,o,,], c-~.,1 ~,,~ '
THE HALSTATT PARTNERSHIP
KlM D. DAVI~
Amwcst S~,ret,/Instant{
SURETY
as Attorney in Fact of
hmwes~ Stuety instmmcc
~ p~.~l~ ~ ma o~ who ~ p~od~e8 , Mn. ~
i~ifcn~ ~d ~d (did not) i a oat.
(Signature of pe~on ~,~-g ar. know.)
(Name of ackmow.typ-./prMt ot stamp.)
0'i~ o~ .--Auk)
(Sc~al .umber, if my)
STATE
COUNTY
Florida
Hillsborough
SEAL)
I_=.";?' ~ '?~ MY O0,,ISS,ON # CC 8~33 ?
~ ~.~ EXPIRES: May 27, 2~3
The fomgo~g [estmment w~s ~;knc~led~ bc~om mc
Monica A. Moraan (~ ofo~ or
(n~ o~co~o~ a~owled~, a Nebraska (state oz p~c o~inco~g~n~ co~o~, on
b~hs~of~co~om~ He/s~ ls~y~o~mmeotwho~p~e~ersona~ly Known ,No.
~ i~fl~6~ ~d ~ (dig ~)
_~nmtt E. cardinale .. ~;~o{a~.~e/p~,o,,~p.)
Amwest Surety Insurance Company
Far West Insurance Company
DEC 199
Expiration Date: 09/15/01 POWER NUMBER 0001058583
This document is printed on white paper containing the artificial watermarked logo ( ~ ) of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwcst Surety Insurance Company and Far West Insurance Company (collectively the "Company") shall not be liable on any limited POA which is
fraudulently produced, forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying
Company bond should call your local Amwest branch office at (813) 287-1576
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation
(collectively the "Company"), do hereby make, constitute and appoint:
Monica A. Morgan
Cheryl L. Beaird
Anett E. Cardinale
John H. Mills
As Employees of Amwest Surety Insurance Co
its true and lawful Attorney-in-fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
All Bonds ap to $25,000,000.00
and to bind the company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect.
I, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation and Far West Insurance Company, a Nebraska corporation, DO HEREBY
CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of both Amwest
Surety Insurance Company and Far West Insurance Company set forth on this Power of Attorney, and that the relevant provisions of the By-Laws of each company, are now
in full force and effect.
* * * * * * * * * * * * * * * * * RESOLUTIONS OF THE BOARD OF DIRECTORS * * * * * * * * * * * * * * * * * * * * * * * * * * *
This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December ! 5, 1975 and Far West Insurance Company at a meeting duly held on July 28, 1983:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attomey-in-fact or agent and revoke any POA
previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company:
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper officers, and its
corporate seals to be hereunto affixed this 31 st d~ugust, 1999.
State of California
County of Los Angeles
On August 3 I, 1999 before mc, JoAnnc Anderson Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to mc on
thc basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to thc within instrument and acknowledged to me all that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
..................... , ,.,,' ...................... WITNESS my hand a__cialnd~ffi seal. ~ JOANNE E, ANOER$0N
~-~ ................... : t, % ,, ~ ............... : v, % ..... ~- -- --
UJ ~ .oT~ ~,L~-~LIF~A ~
/~.~PO~..~t., ,.-: x~-~o~ooz..~-aS,~ature ~x ~ (Seal)
~.."o~ ~",o- ~.,"~ ~>, ~
...... " .......................~ ~u ~ns virgenes Road Calab8sas, CA 91302 TEL 818 871-2000
I
December 14, 1999
Item #16A25
FINAL PLAT OF .BENTGRASS BEND AT THE ESTATES AT BAY COLONY GOLF CLUB"
WITH THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AMOUNT
THE PERFORMANCE SECURITY IN THE AMOUNT OF $231,831.60.
Page 186
Document Prepared By
Mark W. Minor, P.E.
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
DEC 1
1999
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this/4/)~tay of December, 1999 between WCI Communities, Inc.
hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County,
Florida, hereinafter referred to as "The Board".
RECITALS
Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of subdivision to be known as:
"Bentgrass Bend At The Estates At Bay Colony Golf Club"
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 $210,756.00 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.
o
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.
DEC ! '1999
The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
been furnished to be reviewed and approved by the Development Services Director for
compliance with the Collier County Land Development Code.
The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the developer in writing of his
refusal to approve the improvements, therewith specifying those conditions which the
Developer must fulfill in order to obtain the Director's approval of the improvements.
However, in no event shall the Developer Services Director refuse preliminary approval
of the improvements if they are in fact constructed and submitted for approval in
accordance with the requirements of this Agreement.
o
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
DEC 1 1999
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 December, 1999.
Signed, Sealed and Delivered
in the presence off
(Printed or Typed Name)
WCI, Communities, Inc., a Delaware
corporation
Xlfrea P. 12~ou'ghl~'ty '1~
Vice President (~
(Printed or Typed Name)
.Attest:)Board of County Commissioners
:-' ...: :,-~,: :,:~Dw]ght E. Brock, Clerk of Colher County, Florida
.. ..,, .. , -, ,..y; -, ;.~ ,.,.,.
/
Approved as to form and legal sufficiency:
~)L.C611i&r 06'ti~iy"Att~)diey
BOND 1~,~: 015-008--511
COLLIER COUNTY LAND D£VELOPMENT COD£
P P O ^NC OND
KNOW ALL PERSONS BY THESE PRESENTS: that
WCI Communities Inc.
24301 Walden Center Drive
Bonita Springs, Florida 34134
(hereinafter referred to as "Owner") and
Liberty Mutual Insurance Company
Boston, Massachusetts
(Hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter
referred to as "County") in the total aggregate sum of Two Hundred Ten Thousand, Seven Hundred
and Fifty Six Dollars ($210,756.00) in lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,
as the context requires.
THE CONDITION OF THIS OBILIGATION is such that whereas, the Owner has submitted for
approval by the Board a certain subdivision plat named Bentgrass Bend At The Estates At Bay Colony
Golf Club, and that certain subdivision shall include required improvements which are required by
Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue until the
date of the final acceptance by the Board of County Commissioners of the specific improvements
described in the Land development regulations (hereinafter the guaranty period).
NOW THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in
accordance with the Land Development Regulations during the guaranty period established by.the
County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save
harmless the County from and against all costs and damages which it may suffer by reason of Owner's
failure to do so, and shall reimburse and repay the County all outlay and expense which the County may
incur in making good any default, then this obligation shall be void, otherwise to remain in full force and
effect.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no
change, extension of time, alteration., addition or deletion to the proposed specific improvements shall in
any ~vay affect its obligatim~ on this Bond, and it does hereby waive notice of any su~::h change, extension
of time, alteration, addition or deletion to the proposed specific improvements.
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner
and Surety to the full and faithful performance in accordance with the Land Development Regulations.
The term "Amendment," wherever used in this Bond, and whether referring to this Bond, or other
documents shall include any alteration, addition or modification of any character whatsoever.
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be executed
this 15th dayof OCTOBER ~ 1999
DEC ! ~ '1999
DATED as ofthis ~St.,h, dayof Octobefl999.
Liberty Mutual Insurance Company
Witness-Signature
NEFERTITI HAQQ
Witness-P~:inted Name
Witness-Signature .
DIANA FIGUEROA
Witness Printed Name
Title Natalie Reingold
State of CONNECTICUT
County of FAIR FIELD
The foregoing instrument was acknowledged before me
behalf of Liberty Mutual Insurance Company. Personally known
Type of identification produced
WITNESS my hand and official seal this 15th day of
(Affix nota~3/seal)
COUNTERSIGNATU RE
License~i~eside '~e~
NANCY H, ZALESK!
by Natalie Reingold on
X or produced identification
October )1191~/I. 1999
, ~LY PSIdAS ~
Nota~ Printed Na~ ELY PSIJAS
~VO'/:4 R ~' PUBLIC
~Y COmmISSION [XP!RES SEPT. 30, 2~
ess. ~zi~na-tUde
[ Witfless-Signature ·
Witness Printed Name
WCI Communities, Inc.
Steven C. Adelman
Vice President/Treasurer
DEC !
1999
State of
County of
The foregoing instrument was acknowledged before me by Steven C. Adglman, Vice
President/Treasurer on behalf of WCI Communities Inc. Personally known ~ or produced
identification ~ Type of identification produced
WITNESS my hand and official seal this ~_day of (0v Et/'~L1999'
(Affix notary seal)
My gommission Expires:
Notary Printed Name ~ '
THIS POWER OF AI'rORNEY IS NOT VA, ID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the act of those named herein, and they have no autho,,ry to bind the Company except in the
manner and to the extent herein stated.
L,BERW MUTUAL ,.SURANCE COUPANV DEC 1 1999
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authodly of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, JOHN D. MILLER, HARRY A. DINGER, JR., NATALIE REINGOLD, DIANA FIGUEROA, JAMES
L BURTON, ALL OF THE CITY OF STAMFORD, STATE OF CONNECTICUT .....................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
__behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety o~igations in the penal sum not exceeding
DOLLARS ($50,000,000'******** ) each, and the execution of such bonds or
undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by
the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer or other official of the company authorized for that purpose in wdting by the chairman or the president, and subject to such
limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such
instruments shall be as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact
as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations.
That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
Company has been affixed ..~ Plymouth Meeting, Pennsylvania this .. 17th day of _nec-em~her 19 98 ..
~.~ LIBERTY MUTUAL INSURANCE COMPANY
Garnet W. Elliotl, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 17th day of December , A,D. 19_9BL___, before me, a Notary Public, personally came the individual, known to
me to be the therein de--ual and officer ot Liberty Mutual Insurance Company who executed the preceding instrument, and he ecknowled-
ged that he execute ~tJ~. ~ad~ a~lArtl~the seal affixed to the said preceding instrument Is the corporate seal of said company; and that said corporate
OOfINAE 5"I!ELDS NotaryPubl~c ~ /~*t..x,,~'vr~l ~_¢ ,~rI...~~
Pymo,..th T¢,O. t/Ionlgorner,¢ Cout~ty . [ Notary Public
I, the undersigna~retary of Liberty Mulual Insurance Company, do hereby certify that the original power of attorney of which the
is a full,~=opy;
foregoing true is in full force and effect on the date of this certificate; and I do further certify that the officer who axeculed the
said power of attomey was one of the officers specially authorized by the chairman or the president to appoinl any attorney-in-fact as provided in Article
XVl, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of IJberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunlo subscribed my name and affixed the corporate seal of the said company, this ~, .5 t h day of
THIS POWER OF ATTORNEY MAY NOT SE USED TO EXECUTE ANY BOND WITH AN INCEPTION-BAI'E AFTER [}~l~nll, m~, 17 , 30 L.
Liberty Mutual Insurance Compa, r0t
Statutory Balance Sheet
(dollars in thousands~
Bonds ......................................................................................................... v ............. ~-; ...................... $
Common & Preferred Stocks ................................................................................ , ....................................
Rcal Estate ...........................................................................................................................................
Gash & Shofl-Tenn Investments .................................................................................................................
Other Invcs~d Asse~s ................................................................................................................................
Subtotal Gash and Invested Assets ................................................................................................ : ............. ..
DEC 1 Jt 1999
Docemb~31,1998
10,652,422
$,280,880
141~40
225,116
~62,415
16,$62,173
Premium in Coursa of CoUgction .............................................................................................................. 1,503,612
Rginsurance Recoverables on Los~ ~nd Lou Adjustment Expanse Paymen~ ............................................................. 220,252
Interest, Dividends and ~ ~ Income Due and Accrued ................................................................................ 165,569
Other .A.u~ts ......................................................................................................................................... 693,424
TOTAL NONADMII'I~D ASSETS ............................................................................................................ S 19,445,030
- Liabilities/nd Surplus
Rsserve for Losses and Loss Adjustment F, xpenses ..........................................................................................$ 10,484.373
Reserve ter Unearned Pr~niums ................................................................................................................. 1,673,?~6
Reinsurance Payable on Paid Loss and Lou Adjustment Expeaues ........................................................................ 31,792
Federal Income Tax and Sta~ Premium Tax Accrued ....................................................................................... 148~85
Other Liabilities .................................................................................................................................... 1,039,023
TOTAL LIAB ILITIF~ ..............................................................................................................................
13,3TT,529
Un&uigned Surplus .................................................................. ,. ......................................................... ~... 4,925,724
Guamgy Funds ..................................................................................................................................... l,~0
Surplus Notes .......................................................................................................................................... 1,140,$27
TOTAL CAPITAL AND SURPLUS ..............................................................................................................
6,067,~01
TOTAL LIABH./TI~, CA~ITAL AND SUP~LUS ......................................................................................... $ 19,445,030
(*Excludes bdances mo~ titan 90 ds.y~ prat due)
CObI~O~TH OF M,,~ACHUSE'FFS
SS:
COUNTY OF SUFFOLr
D~n_ '_m Lungw~l~ b~in$ duly sW~m, uys: That he b Vice Pruidem md ComptroUer otLJb~ty Mutual Inmmm~ Comping, that
Compmy ;- · mutual imumme compmy duly organ~ existing md engaged in businm u · suret~ by v~tue of the law~ ottlm s~e of
the Commonwealth of Ktm~busem and has duly cgm_plied with ill the mquinemeuts of tho l&wz o£said Commonw~lth md
of the hM of'the State or. ~pplictblo to s~id Gomp~ny and is duly qualified to act
as su~ under such ttwr, ~ hid C~mpmy h~ ~ complied with md is duly qualified to &ct u surKy on fedurd bonds
under Section 9305 of Titte 31 of'the United $taz~ Gode.
That the for~goin$ is a ~ true and correct smement of the fmmmisl condition of said Company ofthe 31st d~y December, 1998.
Sworn to b~for, mo ~ 31st d~y of M~..h. 1999
COMMISSION EXPIRES
JULY 23, 2O04
December 14, 1999
Item #16A26
RECORDING OF THE FINAL PLAT OF "PEBBLEBROOK LAKES PHASE 2B..
Item #16A27
FINAL PLAT OF "CAYO CASTA" WITH THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND THE PERFORMANCE SECURITY IN THE AMOUNT OF
$245,396.25.
Document not received in Clerk,s Office as of February 1, 2000.
Page 187
December 14, 1999
Item #16A28
EXECUTING QUIT CLAIM DEED RE PETITION VAC 99-019, TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A
PORTION OF A PARCEL OF LAND CONVEYED TO COLLIER COUNTY FROM G-4
PARTNERSHIP, AS A DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK
805, PAGES 758 THROUGH 759 AND ACCEPT A 15' WIDE DRAINAGE EASEMENT AS
A REPLACEMENT EASEMENT, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FL.
Page 188
QUITCLAIM DEED
2570241 OR: 2622 PG: 1803
RECORDED in O~FICIAL RECORDS of COLLIER COUNTI, PL
12/17/1999 at 01:3?PM DWIGHT E. BROCK, CLERK
ReCn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BXT 7240
RBC FHE 37.50
INDEXING 2. O0
DOC-, 70 ,70
COPIES 8.00
DEC 1 1999
THIS QUITCLAIM DEED made this/aJ'X~ day of ~ , 1999, by the
Board of County Commissioners of Collier County, Florida, GRANTOR, and G-4
Partnership, a Florida General Partnership, Harold S. Lynton, Juliet C. Sproul and
Katherine G. Sproul, as Trustees for the benefit of Juliet C. Sproul and Barron Collier, III,
whose address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida, 34105, their
successors and assigns, GRANTEE.
WITNESSETH:
That the GRANTOR, for and in consideration of Petition VAC 99-019 and the
sum of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE,
receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto
GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR
has in that certain Drainage Easement interest in, of, and about the following described
lands being located in Collier County, Florida, to-wit:
(See Exhibit "A" attached hereto and
incorporated herein by reference)
Also, the Drainage Easement, more particularly described in Exhibit "B" attached hereto
and incorporated herein, is hereby accepted as the replacement easement for the Drainage
Easement vacated herein.
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in
' ,'~ ~ its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chairwoman
¥ !7, and Vice Chairman of said Board, the day and year aforesaid.
DATED: D[C {/} 1999
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,, Clerk COLLIER COUNTY, FLORIDA !
'Attest ms to Chairman s ~ ' //,,
PreDared by: Marni M. Scuderi, Esq, ~ /
Office of the County Attorney
3301 East Tamiami Trail
Naples, FL 34112
(941) 774-8400
Wils nMiller
OR:¸
2622
PG: 1804
O E'C 1 It 1999
Description of Part of Section 27, Township 48 South, Range 25 East,
Collier County, Florida
(Part of Drainage Easement to be Vacated)
(South End of 38.9 +/- acre Parcel)
Sh~ 1 of 3
VAC 99-019
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly
described as follows;
Commencing at the northeast comer ofGoodlette Fnmk Road as recorded in Plat Book 13, page 58 Public Records
of Collier County, Florida;
thence along the east right-of-way line of said Goodlette Frank Road, South 05035'39'' East 1936.78 feet to the
POINT OF BEGINNING of the easement herein described;
thence leaving said line North 18°01'27" East 552.59 feet;
thence North 52°37'36" East 151.58 feet;
thence North 04°36'59" West 93.27 feet;
thence North 71010'52'' East 47.65 feet;
thence South 05°35'39" East 192.07 feet;
thence South 52037'36'' West 114.91 feet;
thence South 18001'27'' West 550.44 feet;
thence South 05035'39'' Fast 92.26 feet;
thence South 89°48'50'' West 80.36 feet to a point on the east right-of-way line of said Goodlette Frank Road;
thence along said line North 05035'39'' West 151.32 feet to the POINT OF BEGINNING of the easement herein
described;
Subject to easements and restrictions of record.
Bearings are based on the east right-of-way line of Goodlette Frank Road being South 05035'39" East.
WILSON, MtLI~. ,R, BARTON & PEEK, INC.
Registered Enginetg~s ,and Land Surveyors
i, ; ~"~ ~.x.
· ,l~chael~H. Maxwell, P.S.M: g4650
N6t,v, nlid unless q{nl~ossed with the Professional's seal.
, ,~ ~ ~ ,
Reft IL-216, page~ 3 and 4 of 4
W.O.# 02..8 { 8-001-00 I-SS(]SS
Date December 11, 1998
i I/2/99281S0004.MLB
Naples Fort Myers Sarasata Nradente# Tamp~
3200 Bailey Lane. Suite 200 Naples. Florida 34105-8507 941-649-4040 ~ 941-643-571
www. wil~onmiller, gem
OR' PG: 1805
O EC 1 zl 1999
POINT l~ CONI~NCEN~NT
TgVNS.~ 4e S~rH VAC ~19
15' UTILITY
~INT ~ B~GI~I~ ~ ' - ~AST LI~ SECTI~ ~7 ~R 11~ PA~
I ~ / ' ~ 7~ ~ . ~64, PA~ 1049
~ I '~ ' .
~, ~s. ~/~ -.. ~ ~ ~"-.
~1 ,
I~ PARCEL
38.9 ~/- A~RE2 ~
~ ~O'
~ I ~ .....................
~ I ~ 104~ P.~ 1776
I ~ ~t.r ~ ~ ~ PAGE 58
~ I ~rzr~ 6DDDL~TT~ FRANK RgAD, PLAT BDDK 13,
GENERAL NOTES:
~, DIMENSIONS A~E IN FEET AND DECIMALS [HE~EOF. ~
~ SEE ATTACHED FOR LEGAL flESCRIPTID~ ,,,
3, BEARINGS ARE ROTATED TO WIL2D~ MILLER 2URVEK
0 5~ ~00 ~00 ~00
'" NOT A SURVEY '" ~=~: SCALE
~--~-. ~-~"~:'~~., ~ o~ ~o~ ~ PARTNERSHIP
. . ..... __ ,._:.".. · ;~.' · _ .. ., _ [ ~NSHIP 48 SO~, ~NGE25 ~
2622
PG: 1806
~ EAST L]~E SECTIDIV~.7
~0' tVI~V-CXCLU$IVE £ASEHENT
~R. 6OF. PAC~
VET£RAN$ COIva~UNIT)' PAE'I(
~ #A#
Sh~ 3of 3
YAC 99-019
GDD~LETTE FRANK R~ PLAT ~DDK J~ PAGE 58
0 -: 100 ,200 4OO
"' NOT A SURVgY '" {~2~PHIC SCALE
\-v O~ 1999 - !55-~7 DkMcBk28i~it216SO4
~ILSON ~ ~ I LLEK~~v~
..... " OR:
WilspnMiller
1807
§EC ! S99
Descriptionof Pa,-t of Section 27, Township 48 South, Range 25 East,
Collier County, Florida
(Drnln%-e ~ent Replaced)
EMu~ "B"
Sheet 1 of 4
VAC 99-019
All that part of Section 27, Township 48 South, Eange 25 East, Collier County, Florida being more particnlarly
described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a point on the south right of way
line oflmmokalee Road (S.R. 846);
thence along said fight-of-way line South 89012'58" West 1.83 feet;
thence North 89049'40" West 43.15 feet;
thence leaving said line South 01009'43'' East 618.71 feet;
thence South 88°18'19'' West 169.89 feet;
thence South 06019'24" East 6.73 feet;
thence South 14°39'08" West 26.80 feet;
thence South 29033'32" East 13.36 feet;
thence South 23°49'31" West 2 I. 18 feet;
thence South 47017'45" West 36.35 feet;
thence South 75°48'29" West 30.34 feet;
thence South 55°23'49" West 22.50 feet;
thence South 10056'04" East 23.71 feet;
thence South 18031'27' West 30.41 feet; :
thence South 19°42'56"
thence South 47°32'15"
thence South 57°45'! 8"
thence North 56°50'41"
thence South 08°11'03"
thence South 03059'16"
thence South 49°29'59"
thence South 69041'30"
thence South 51°09'37"
thence South 18°!3'18"
thence South 67026'12"
thence South 44"05'59"
thence Somh 00~!6'! 8"
thence South I'POi'I4"
thence South 20012'59"
thence South 32029'04"
thence South 71056'43"
thence South 5 ! °50'23"
thence South 26052'37"
thence South 22°25'52"
thence South 67007'08"
thence South 38022'07"
thence South 14025'34"
thence South 01040'52"
thence South 25030'20"
thence South 89048'50"
West 20.44 feet;
East 21.88 feet;
West 22~.6 feet;
West 21.75 feet;
West 14.73 feet;
East 15.20 feet;
East 20.60 feet;
East 36.93 feet;
East 18.13 feet;
Weet 32.18 feet;
West 35.06 feet;
West 33.06 feet;
West 20.17 feet;
West 34.87 feet;
West 23.13 feet;
West 22.95 feet;,
West 12.88 feet;
West 20.28 feet;
West 15.00 feet;
West 24.91 feet;
West 22.71 feet;
West 12.85 feet;
East 24.33 feet;
West 16.04 feet;
West 35.13 feet;,
West 219.75 feet to the POINT OF BEGINNING of the easement herein described;
WilspnMiller
OR: 2622 PG: 1808
DescriDtion of Part of Section 27, Township 48 South, Range 25 East,
Collier County, Florida
(Drainage Easement Replaced)
Continued:
thence South 05.035'39'' East 886.02 feet;
thence South 89048'50'' West 400.00 feet to a point on the east fight-of-way lin~ of Goodlette Frnnk Road as
recorded in Plat Book 13, page 58, Public Records of Collier County, Florida;
thence along said line North 05035'39" West 15.07 feet;
thence leaving said line North 89048'50" Ea~ 384.93 feet;,
thence North 05035'39" West 870.95 feet;
thence North 89048'50" East 15.07 feet to the POINT OF BEGINNING of the easement herein described;
Exhibit "B"
Sheet 2 of 4
VAC 99-019
Subject to easements and restrictions of record.
Bearings are assumed and based on the north llne of said Section 27 being South 89046'26" East.
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
Michael H. Maxwell, P.S.M. ~4650
Not valid unles~ embossed with the Professional's seal.
Ref.: 1L-216, pages 1 and 2 of 4~
W.O.:# 02818-001-001-SSGSS
Date: E)ec___-mber ! 1, 1998
Revised: March 30, 1999
Revised: October 13, 1999
Revised: October 29, 1999
1999
OR: 2622 PG: 1809
P~C ~ ~ 1999
, -~- ~ ,
I
I
~TAINI~ ,
!~~
I
I
*" NOT A SUR;~"/ "~ ° ~°
OC": _~9. IS99 - L4a'~:34 D:\DVG\HI~C\IL~I$~01d-9
GRAPHIC SCALE
PREPARED
?LU£IDA ~EfilSTRAT/I2N /fi3 4650
R4REON COLUJ~~
2622
PG: 1810
VAC 99-O;
EAST RIGHT OF' VAY LINE
Gt~IDLETTE FRANK ROA~ PLAT BDI~ 13, PA~E $8
This instrument prepared by:
DAVID P. HOPSTETTER, ESQ.
Young, van Assenderp, Varnadoe
& Anderson, P.A.
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
2570252 OR: ,-62 PG: 1848
R~CORD~D in OFHCIAL RECORDS of COLLIER CODNTY,
12/17/1999 at Ol:i3?M DWIGHT B, BROCK, CL~RK
Rein:
CLERK ?0
INTEROFFICE 4TH FLOOR
EX?
RB¢ FEE 4~.50
INDBXING 2, O0
DOC-,~O .?0
COPIES 10,00
nE,(: 1 1999
EASEMENT
THIS EASEMENT given this~"~day of )Qo~,~,lla C1999, by G-4 Partnership, a Florida
general partnership, Harold S. Lynton, Juliet C. Sproul and Katherine G. Sproul as Trustees for the
benefit of Juliet c. Sproul, and Barton Collier, III, whose address is 2600 Golden Gate Parkway,
Suite 200, Naples, Florida, 34105, hereinafter collectively called "Grantor", to Collier County,
Florida, a political subdivision of the State of Florida, its successors and assigns, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "Grantee;"
W-I-T-N-E-S-S-E-T-H
That the Grantor for good and valuable consideration to it in hand paid, the receipt and
sufficiency of which are hereby acknowledged, grants by these presents to the Grantee, its successors
and assigns a perpetual, non-exclusive easement for drainage purposes, lying on, over and across the
following described parcel, piece or strip of land situate, lying and being in the County of Collier,
State of Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE
MADE A PART HEREOF.
The easement shall run with the land and shall be for drainage purposes.
This easement is subject to the following conditions:
This is a non-exclusive easement. Grantor reserves all rights without limitation, to use the
described land for any purpose not inconsistent with Grantee's rights thereto, including
without limitation, use of the Easement for drainage of Grantor's appurtenant lands.
Grantor and its successors in interest are in no way bound to improve or maintain the
described easement not keep it in repair.
Grantor disclaims any liability or responsibility to Grantee, its successors or assigns, or
others likely situated, their heirs and assigns, or to any person using the land by invitation,
either expressed or implied, or by reason of any business conducted with Grantee, its
successors and assigns or otherwise.
OR: 2622 PG: 1849
1£C 1 zl 1999
By acceptance of this easement, Grantee covenants for itself and its successors and assigns that it
will use and maintain the described easement in accordance with all existing and future laws and
regulations of all government authorities with authority over such matters.
IN WITNESS WHEREOF the Parties have hereunto caused this instrument to be executed
in their names by their hands and official seals the day and year first above written.
WITNESSES:
A" A~ ~' t
Print Name: SANDRA P. THOMAS
Print Name:
G-4 Partnership.
Lamar Gable,
Its General Partner
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Grant of Easement was acknowledged before me thisC~7/"day of
A)~]:v i,~.Lv F", 1999, by Lamar Gable, as General Partner of G-4 Partnership, a Florida general
partnership, who [_~'fis personally known to me or [_] has produced as
identification.
Print Name:
NOTARY PUBLIC
Commission Number:
-2-
OR: 2622 PG:
1850
WITNESSES:
P,'int ~am¢: MARCIA J. WILHELM
Pri~ Name: SANDRA P. THOMAS
Harold S. Lynton, Tru~ee
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Grant of Easement was acknowledged before me this~/A'day of
~.~ ~v~ & g-, 1999, by Harold S. Lynton, as Trustee for the benefit of Juliet C. Sproul, who
[~']';is pe~:son~lly known to me or [_] has produced as identification.
Print Name: (J ~
NOTARY PUBLIC
Commission Number:
-3-
WITNESSES:
~ P.r[nt Name: gANDRA P. THOMAS
Prim Name: MARCIA J. WILHELM
OR: 2622 PG: 1851
DEC lJ ~t 1999
STATE OF FLORIDA
COUNTY OF COLLIER
AJ The foregoing Grant of Easement was acknowledged before me this .(~day of
ol,~,~t~r- ,1999, by Juliet C. Sproul, as Trustee for the benefit of Juliet C. Sproul, who
[_~']']s personally known to me or [_] has produced as identification.
Print Name:
NOTARY PUBLIC
Commission Number:
WITNESSES:
Pti!Name: SANDRA I:r. ~HOMAS
~'rint Name: I~IARcIA J. WILHELM
OR: 2622 PG: 1852
DEC 1 ~ 1999
Katherine G. Splou~, Tru~'~ '-/~ j~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Grant of Easement was acknowledged before me this~/t[ ~t"day~ of
J~ttr/~'~c/o~' ' t", 1999, by Katherine G. Sproul, as Trustee for the benefit of Juliet C. Sproul, who
[_L/] is personally known to me or [__] has produced as identification.
Print Name:
NOTARY PUBLIC
Commission Number: C ~ ~/o~ Od5'
-5-
OR'
2622 PG:
~EC ~
1853
zt 1999
WITNESSES:
PrinlName: SANDRA P. THOMAS
Print Name: MARCIA J. WILHELM
Barron Collier, III
Board of County Commissioners
Collier County, Florida
ATTEST:
Dwight E. Brock, Clerk
Pamela S. Mac'Kie
Chairman
Approved as to Legal Form and Sufficiency:
Assistant County Attorney
STATE OF FLORIDA §
COUNTY OF COLLIER §
The foregoing Grant of Easement was acknowledged before me this ~'/~/tay of
/DOUetOv& ( , 1999, by Barton Collier, III, who [_~is personally known to me or
[__] has produced as identification.
-6-
Print Name:
NOTARY PUBLIC
Commission Number:
WilsPnMiller
OR: 2622 PG:
1854 :::'
t}EC 1 zt 1999
Description of Part of Section 27, Township 48 South, Range 2~ Bast,
Collier County, Florida
(Drainage Easement Replaced)
Exhibit "A" '
Sh,~'t I of 4 '
AH that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly
described as follows;
Commencing at the northeast comer of said Section 27;
thence along the east line of said Section 27, South 01009'43" East 125.00 feet to a point on the south right of way
line of lmmokalee Road (S.R. 846);
thence along said right-of-way line South 89012'58'' West 1.83 feet;
thence North 89°49'40" West 43.15 feet;
thence leaving said line South 01009'43" East 618.71 feet;
thence South 88°18' 19" West 169.89 feet;
thence South 06°19,24" East 6.73 feet;
thence South 14°39'08" West 26.80 feet;
thence South 29°33'32" East 13.36 feet;
thence South 23°49'3 I" West 21.18 feet;
thence South 47017'45" West 36.35 feet;
thence South 75°48~29" West 30.34 feet;
thence South 55023'49" West 22.50 feet;
thence South 10056'04" East 23.71 feet;
thence South 18°31,27" West 30.41 feet;
thence South 19°42'56" West 20.44 feet;
thence South 47°32'15" East 21.88 feet;
thence South 57°45'18" West 22.26 feet;
thence North 56°50'41" West 21.75 feet;
thence South 08°1 I'03" West 14.73 feet;
thence South 03°59'16" East 15.20 feet;
thence South 49029'59" East 20.60 feet;
thence South 69°41'30" East 36.93 feet;
thence South 51°09'37" East 18.13 feet;
thence South IS°IYI8" West 32.18 feet;
thence South 67026'12" West 35.06 feet;
thence South 44005'$9" West 33.06 feet;
thence South 00016'18" West 20.17 feet;
thence South 17°01'14" West 34.87 feet;
thence South 20012'59" West 23.13 feet;
thence South 32029~4" West 22.95 feet;
thence South 71056'43" West 12.88 feet;
thence South 51°50'23" West 20.28 feet;
thence South 26°52'37" West 15.00 feet;
thence South 22025'52" West 24.91 feet;
thence South 67°07'08" West 22.71 feet;
thence South 38°22'07" West 12.85 feet;
thence South 14025'34" East 24.33 feet;
thence South 01040'52.. West 16.04 feet;
thence South 25o30,20" West 35.13 feet;
· thence South 89°48'50"
West 219.75 feet to the POINT OF BEGINNING of the easement herein described;
Naples Fort Mj~ers Sarasata Bradenton Tampa
3200 Bailey tane. Suite 200 Nap/es. Florida 34105-8507 941-649-4040 ~ 941-643-5F16 ~
www'. w/Isonm/lle~, corn
W ls nMiller
Descrij~tion of Part of Section 27, Township 4S South, Range 2:~ East,
Collier County, Florida
(Drainage Easement Replaced)
Continuext:
OR:
2622 PO:'
DEC I
Exhibit "A"
Sheet 2 of 4
1855
1999
'thence South 05?35'39" East 886.02 feet;
thence South 89°48'50'' West 400.00 feet to a point on the east right-of-way line of Ooodlette Frank Road as
recorded in Plat Book 13, page $8, Public Pr, cords of Collier County, Florida;
thence along said line North05°35'39" West 15.07 feet;
thence leaving said line North 89°48'$0'' East 384.93 feet;
thence North 05035'39" West 870.95 feet;
thence North 89°48'50, East 15.07 feet to the POINT OF BEGINNING of the easement herein described;
Subject to easements and restrictions of record.
Bearings are assumed and based on the north line of said Section 27 being South 89°46'26" East.
WILSON, MILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
MichaeI H. Maxwell, P.S.M. g4650
Not valid unless embossed with thc Professional's seal.
Re£: IL-216, pages 1 and 2 of 4--
W.O.:# 02818-001-001-SS(3SS
Date: December 11, 1998
Revised: March 30, 1999
Revised: October 13, 1999
Revised: October 29, 1999
OR; 2622 PG: 1856
I~ert~sr CORER ' Exhibit
IXt:cr;ot~ ~
I rovte~t~ ~e ~ur. 8h~t 3 of 4
,~,, cagr Lt~ ~gCrlDv
~ ............ ~-~-~g~ ...... . t ,
~-~ --I ~ ~~L-
t
I
I
I
I
,
~ ,
I'
~ I GOO~LETTE FRANK R~ PLAT BOOK l& PA~
~ I
~ I
PREPARED
'" NO? A SURVEY '" o ~0 ,~ ~oo ,oo
OCT -~9, 1999 _- 14:4~.~.4 D:AD~G%HlngC\iL~i6SOi.dwg ~RAPHIC ~AL~ ~L~I~A
~s~Prl~, 0 g ~0~-~ REGI2TRATIBN ~ 4650
.......................... _ ....................... ~ ~~_ ~s,_ f ? ~
v~r~t~$ ~lrr P4~
r z~,r
OR: 2622 PG: 1857 ***
~£c ~ ,~ 1999
~'~ /
GLTODLETTE FRANK RDAI~ PLAT I~D~K 13~ PAGE
~X~ILSoN
ILLER
4OO
BARRON
December 14, 1999
Item #16B1
BID #99-2997 .ROLL-OFF CONTAINER REFUSE COLLECTION TRUCK" AWARDED TO
HEINTZELMAN'S TRUCK CENTER, INC. IN THE AMOUNT OF $84,735.00.
Item #16B2 - MOVED TO ITEM #8B6
Item #16B3 - DELETED
Item #16B4
RESOLUTION 99-458 REQUIRING FULL-WIDTH OVERLAYS FOR NEW TURN LANE
CONSTRUCTION
Page 189
DEC 1999
RESOLUTION NO. 99- 4 5 8
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, REQUIRING
FULL-WIDTH SURFACE OVERLAY FOR ALL NEW TURN
LANE CONSTRUCTION ON COUNTY PUBLCI AND PRIVATE
ROADWAYS.
WHEREAS, Collier County Ordinance No. 93-64 sets forth the requirements for
work within the road rights-of-way of Collier County; and
WHEREAS, Section III of Ordinance No. 94-64 requires that mm lanes be
provided along certain County roadways under specified circumstances; and
WHEREAS, provision of said turn lanes is necessary to assure both the safety
and capacity of each such affected roadway; and
WHEREAS, engineering review performed by the County's Transportation
Services Department has determined that the final paved surface must be placed over the
entire full width of the affected section of roadway to assure minimization of long-term
maintenance costs and safe operation of the section of roadway.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
A full-width overlay of all roadways that have new turn lanes added shall be
required from the point of beginning of the end taper from one end of the roadway
section to the other. Each such overlay must have a minimum thickness of one
inch and must be tapered at each end so as to form a smooth riding surface.
The Tr?.nsportation Services Departm¢~:~ ;/s hereby authorized to review all plans
for such turn ~.es arid provide reply ,omments to the respective applicant(s).
Permits for such construction are to be issued by the Engineering Review Section
of the Planning Services Department of the Community Development Division.
These provisions should be proposed to be inserted into Ordinance No. 96-84 the
next time that Ordinance is amended.
,This .RESOLUTION adopted after motion, second and majority vote favoring same.
.... ,. ., ,:,,, .,,..., DEC 1 1999
? ::..,: ~:'~;~.,~ DA,TED:~
:'" ""~ ~ D~G~'~ BROCK, Cl~k
· ' ~,":" .z D~u~Clerk
Attest
signature on]~,
~pp~ov~ ~ to ~o~ ~d
legal sufficiency:
~om~ C. Pa~er
Assist~t Co~ty Aaomey
BOARD OF COUNTY COMMISSIONERS
December 14, 1999
Item #16B5
PROFESSIONAL SERVICES AGREEMENT WITH KISSINGER CAMPO, WILSONMILLER,
INC., LAW GIBB GROUP, INC., HOLE, MONTES AND ASSOCIATES, INC. AND
JOHNSON ENGINEERING, INC. FOR THE FIXED TERM CONSTRUCTION ENGINEERING
INSPECTION SERVICES (RFP #99-2960).
Bid Document is on file in Clerk to the Board's Office.
Page 190
December 14, 1999
Item #16B6
ACCEPTANCE OF AN EASEMENT FOR A TRAFFIC SIGNAL POLE FROM Rd2
PARTNERSHIP, A FLORIDA PARTNERSHIP AS DESCRIBED IN THE EXECUTIVE
SUMMARY.
Document not received in Clerk's Office as of February 1, 2000.
Page 191
December 14, 1999
Item #16B7
CHANGE ORDER FOR WORK ORDER #TS-BL-9908 BOTNER LAND DESIGN, INC. FOR
THE BAYSHORE BEAUTIFICATION MSTU LANDSCAPING IN THE AMOUNT OF
$18,903.00. '
Document not received in Clerk's Office as of February 1, 2000.
Page 192
December 14, 1999
Item #16B8
AN INTER-FUND LOAN FROM THE ROAD ASSESSMENT RECEIVABLE FUND 341 TO THE
BAYSHORE BEAUTIFICATION MSTU FUND 160 FOR COMPLETION OF A LANDSCAPE
PROJECT ON BAYSHORE DRIVE IN THE AMOUNT OF $570,000.
Item #16B9
ACCEPTANCE OF A RIGHT-OF-WAY EASEMENT FROM FLORIDA PANTHERS NAPLES,
INC. ALONG BROKEN BACK ROAD FROM IMMOKALEE ROAD
Document not received in Clerk's Office as of February 1, 2000.
Page 193
December 14, 1999
Item #16B10
BUDGET AMENDMENT RECOGNIZING CARRY FORWARD AND MOVING RESERVE FUNDS
RELATED TO THE NORTH COUNTY WATER RECLAMATION FACILITY EXPANSION,
CONTRACT 99-2908, PROJECT 73031.
Item #16Bll
FINAL EXTENSION OF DEVELOPER CONTRIBUTION AGREEMENT BETWEEN THE COUNTY
AND WARRENTON ENTERPRISES UNTIL DECEMBER 14, 2000.
Page 194
1999
SECOND
EXTENSION AGREEMENT
This Extension Agreement is made and entered into this ~9 I~Xday of December, 1999, by
and between WARRENTON ENTERPRISES CORPORATION, a Florida corporation
(Warrenton) and the BOARD OF COUNTY COMMISSIONERS of Collier County Florida, as
the governing board of Collier County and as ex officio the governing board of the Collier
County Water - Sewer District (the County).
Background:
A. On September 18, 1990, the County and Warrenton, inter alia ,entered into an
agreement entitled "Airport Road South of Orange Blossom Road Force Main Contribution
Agreement" (the Contribution Agreement) wherein the County granted to Warrenton and the
others who were party thereto credits as therein provided for sewer system impact fees in
exchange for the undertakings therein set forth; and
B. The Contribution Agreement provided for a term for said credits and by virtue
of an Extension Agreement entered into by and among the parties to the Contribution Agreement
on April 2, 1996, the County agreed to extend the term and the time for the availability of such
credits; and
C. All the parties to the Contribution Agreement have recouped their credits
except for Warrenton which has not fully recouped its credits; and
D. The time for the credits to be utilized expired on April 2, 1999, and Warrenton
has requested that the County provide it with a further extension of time for the recoupment of its
credit and the parties have entered into this agreement to extend that agreement.
Now therefore in consideration of the mutual covenants herein contained and other good
and valuable consideration the receipt of which is hereby acknowledged by each party, the
County and Warrenton agree to extend the duration for availability of credits to Warrenton
pursuant to the Contribution Agreement from April 2, 1999, to December 14, 2000. In the event
by December 14, 2000, Warrenton has not fully recouped the credits that are available to it, the
amount of which is currently $94,414.20, then Warrenton will not be entitled to further credits or
extensions but will be entitled, in accordance with the terms of the Contribution Agreement, to
return of one-half of the excess or remaining balance of such contribution credit provided funds
are available and collected in accordance with the provisions of section 10 of the Contribution
Agreement.
Except as hereby extended, the Contribution Agreement, as it has previously been
extended, remains in full force and effect but solely between Warrenton and the County.
DEC 1 z~ 1999
In WITNESS WHEREOF the parties have executed this agreement as of the date and
year first above written.
printed name of witness #1
printed name of witness #2
WARRENTON ENTERPRISES
Vicki A. Chan
Its: Vice President
STATE OF FLORIDA )
COUNTY OF COLLIER )
I~1¥ C~.m Exp 3,~2/2002
No CC 7261,54
.,~ I IOml~lD
~__~ayI HEREBY CERTIFY that the foregoing instrument was acknowledged before me this
of E}e?ember, 1999, by Vicki A. Chan, who is personally known to me or who produced
~ ~t.,~../'(~ as identification.
_~Notary Public - State of Florida
dAME8 E~. F0S']~R
Printed Name of Notary
My Commission Expires:
2
DEC 1 ~ 1999
~,AT~,: DEC f ~ 1999
, ,...."/: ATTEST':.,
?>]':;, ':]DWIO~'~I~),BROCK, Clerk
~;.~.,~.~S~, as' ,~ Chal~ s
Thomas Q. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, ~hairlnan/ -
December 14, 1999
Item #16B12
TWO-PARTY AGREEMENT BETWEEN THE STRAND DEVELOPMENT AND COLLIER COUNTY
FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT STRAND BOULEVARD AND
IMMOKALEE ROAD AT A COST OF $175,500.
Page 195
AGREEMENT for
the DESIGN and CONSTRUCTION of a
Traffic Signal at Immokalee Road/Strand Boulevard
1999
THIS AGREEMENT is made and entered into this/~ of ~ i , 1999, by and
between The Strand, Ltd., a Florida Limited Partnership ("Strand") referred to herein as "Developer", and
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred
to as "County". Developer is used as singular or plural, as the context requires.
RECITALS:
WHEREAS, Developer agrees to design and to have constructed a traffic signal at the intersection of
Immokalee Road (C.R. 846) and Strand Boulevard, including the hard-wire interconnection of said traffic
signal with the existing' traffic signals at 1-75 West, 1-75 East and Oaks Boulevard, along with provision for
future hard-wire interconnection to a future traffic signal at the intersection of C.R. 846 and Livingston Road
("the improvements"). County agrees to reimburse the Developer for all costs less the Developer's Fair share
Cost, as further defined below; and
WHEREAS, County has legal control over or is the owner of certain public road right-of-way
described in Exhibit "A" ("the Site") attached hereto and incorporated herein; and
WHEREAS, the actual cost of design, construction and installation of the subject improvements shall
be the basis for this Agreement and no credit for land, easements, construction or infrastructure otherwise
required to be built and/or transferred (conveyed) to the County by law, ordinance, rule or regulation, shall be
considered or be included in determining the value of the County's contribution to the improvements; and
WHEREAS, all construction cost estimates shall be based upon, and all construction plans,
specifications and conveyances shall be in conformity with, the applicable standards and procedures of the
County and shall be first approved by the Collier County Transportation Department prior to commencement
of any construction of the subject traffic control device; and
WHEREAS, County shall be execute any and all documentation on behalf of the County necessary
for conformance with the applicable standards, procedures, ordinances and regulations; and
WHEREAS, Developer has submitted to the Collier County Transportation Department an
acceptable Proposed Plan and estimate of costs for the subject improvements (hereinafter "Proposed Plan")
which includes, but is not limited to:
a. A designation and description of all major component parts of the subject traffic signal for which
the Proposed Plan is being submitted;
b. If applicable, a legal description of any land or easements related thereto to be conveyed to the
County;
c. Acceptable initial professional opinion(s) of expected costs for the proposed construction
prepared by a Professional Engineer knowledgeable in this field; and
d. An acceptable proposed time schedule for the completion of the Proposed Plan prepared by a
Professional Engineer; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the Board has
authorized the County Attorney to prepare this Agreement based upon the Board finding that:
a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to
the County's roadway system; and
b. Such Proposed Plan, viewed in conjunction with other related existing or proposed plans, will
not adversely impact the cash flow or liquidity of the County's Road Gas Tax Fund in such a way
as to frustrate or interfere with other planned or on-going growth necessitated road system capital
improvements and additions to the County's road systems; and
c. Such proposed Plan, viewed in conjunction with other existing or proposed plans, will benefit the
capabilities, of the County's road system; and
d. This Agreement and the Proposed Plan are in the public's interests; and
e. The proposed time schedule for completion of the subject improvements is not inconsistent with
the most recently adopted five-year capital improvement program for the County's road system;
and
WHEREAS, the contributions contemplated under this Agreement shall be construed and
characterized as work done and property rights acquired by the County for the purpose of constructing and
installing the County's public road rights-of-way; and
Page 1 of 3
WHEREAS, this Agreement is not, and shall not be construed or characterized as, a development
agreement under the Florida Local Government Development Agreement Act or otherwise.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged between the parties hereto, and in consideration of the covenants contained herein,
the parties agree as follows:
The above recitals are true and correct and are incorporated herein.
The amount of Developer's contribution to the County shall be determined according to the
following standards of valuation:
a. Developer agrees there are no donations of land or rights to land are included in the
subject contribution.
b. The value of eligible and anticipated construction to the County's road system shall be
based upon professional opinions of total project probable cost certified by a
Professional Engineer.
c. In the case of contributions of construction or installation of improvements, the value of
Developer's proposed contribution shall be adjusted upon completion of the construction
to reflect the actual cost of construction or installation of improvements experienced by
the County, inclusive of design costs. However, in no event shall any upward adjustment
exceed twenty percent (20%) above Developer's initial estimate of costs. The initial
estimate of costs for the design and construction of the improvements under this
Agreement 'is One Hundred Seventy-five Thousand and no/100 Dollars ($175,000.00).
This estimate consists of the following elements:
Design Services
Signal Construction (box span)
Signal Interconnect
Construction Engineering and Inspection Services
Total
$ 19,600
$ 95,OOO
$ 40,O00
$ 20,400
$175,000
d. Until the contribution due by the County to Developer is finally ascertained upon
completion of construction, no more than ninety (90) percent of the initial estimate of
costs for contributions contained herein shall actually be applied or used in a calculation
of the County's reimbursement to Developer.
e. The "fair share" contributions from the parties shall be computed as follows:
The Strand PUD 26.2%
Collier County 73.8%
Total 100.0%
The foregoing shares are assigned on the basis of a proportionate share of traffic volume
contributed to the intersection of Strand Boulevard and Immokalee Road (CR 846) by
each of the parties, individually. Traffic volumes are based upon the approved PUD
zoning Master Plan for the Developer's project. The County's share is based upon the
background traffic as of 1998, escalated at 10.61% per year through 2004, a five-year
period. The PUD traffic volumes are based upon the values for the associated land uses
found in Trip Generation - Sixth Edition, 1997, published by the Institute of
Transportation Engineers (ITE). Although the County contemplates recouping a portion
of the above Collier County Fair Share from other development entities lying to the south
of the intersection, such anticipated recoupment shall not prevent or prohibit the County
from fully reimbursing Developer under this Agreement.
f. No credit whatsoever for lands, easements, construction or infrastructure otherwise
required to be built or transferred to the County by law, ordinance or any other rule or
regulation shall be considered or included in the value of Developer's fair share.
g. A narrative description of the County's contribution which is the subject of this
Agreement together with initial professional opinions of probable construction costs for
the proposed construction and a time schedule for completion of the Proposed Plan, if
applicable, prepared by a Professional Engineer, are attached hereto as composite
Exhibit "B", the Proposed Plan, which is incorporated herein by reference.
Upon execution of this Agreement, additional work, if any, requested by the County beyond that
contemplated in the description of and estimate of costs for this Agreement shall be paid for by
the County and shall not be considered or included in the value of Developer's fair share.
Developer shall keep (or provide for retention of) adequate records and supporting
documentation which concern or reflect total project cost of construction or installation of all of
the subject improvements. This information shall be available to the County or its duly
authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5)
years from final completion of this Agreement.
Page 2 of 3
DEC ! 1999
6. The failure of this Agreement to address any permit, condition, term, or restriction shall not
relieve either the Developer or its successors of the necessity of complying with any law,
ordinance, rule or regulation governing said permitting, requirements, conditions, terms of
restrictions. This Agreement shall be modified or revoked as is necessary to comply with all
relevant State or Federal laws if in the unlikely event that State or Federal laws are enacted
subsequent to the execution of this Agreement which preclude the parties compliance with the
terms of the Agreement. The County' s right to modify or revoke this Agreement shall terminate
at the time of commencement of construction of the signal.
7. Except as provided hereinabove, this Agreement shall only be modified or amended by the
mutual written consent of the parties hereto or by their successors in interest. The benefits of the
Agreement shall inure to all successors in interest to the parties to this contribution Agreement.
8. The performance and execution of this Agreement shall be carried out in conformance with the
Risk Management Guidelines established by the County's Risk Management Department as more
particularly described in Exhibit "C" attached hereto and incorporated herein by reference.
9. This Agreement shall be recorded by the County in the Official Records of Collier County,
Florida within fourteen (14) days after the County, by its duly authorized Chair, executes this
Agreement.
10. Each party to this Agreement shall have standing to file an action for injunctive relief in the
Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being
cumulative within any and all other remedies available to the parties for enforcement of this
Agreement. The prevailing party shall recover attorney's fees from the other party.
11. The Board of County Commissioners hereby delegates to the Director of the County's
Transportation Services Department full authority to administer this Agreement on behalf of the
County.
· ': '~ IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized
.:;:' .,.~':" .,~ii~r~s,entatives,.
,-~.' ' Dwight E. Br0~k, Clerk
. ~::. :::5.1 ~. i:' ".., :".':-..." '
' t, Deputy Clerk
Dated:
Approved as to form and legal sufficiency:
Thomas Palmer
Assistant County Attorney
~int Name: ~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA/-
{/PAMELA S. MAC'KIE/Ch~rw~'man
(L.S.)
STATE OF FLORIDA
COUNTY OF
cThe foregoing instrument was acknowledged before me this ~ O day of hi/)qEhx/~", 1999, by
~p' e~s[~l'l;~C~wn to ~e S~and, L~; ;r:~:}:: ~::;}::~::~:l,alf of ,he. . Corporation. Heas
NOT~Y P~LIC .~ .. ~t
Name: ~~ ] ' ~ ~ ~
(T~e or Print)
My Co~ssion Expires:
Page 3 of 3
December 14, 1999
Item #16B13
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO AQUIFER
STORAGE AND RECOVERY OF RECLAIMED WATER, RFP 99-2926, PROJECT 74030 IN
THE AMOUNT OF $69,052.00.
Page 196
D£C 1 1999
RECLAIMED WATER AQUIFER STORAGE AND RECOVERY
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No.1 to the 'Agreement dated August 3. 1999 (hereinafter
"AGREEMENT') is made and entered into the /6/'2~ day of ~, 1999, by and
between the Board of County Commissioners for Collier County, Florida, a political
subdMsion of the State of Florida and Governing Board of the Collier County Water-Sewer
District (hereinafter referred to as the "OWNER") and Water Resource Solutions, Inc., a
Florida corporation, authorized to do business in the State of Florida whose business
address is 428 Pine Island Road, S.W, Cape Coral, Florida 33991 (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 the Reclaimed Water Aquifer
Storage and Recovery (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 "Basis of Compensation", as outlined in said
AGREEMENT with the modifications to Attachment C to said AGREEMENT which are
attached hereto and made a part hereof.
03946CGG.K15 = 1-
ARTICLE THREE
3.1 The schedule for said Project, shall be as shown in said AGREEMENT Schedule C
which is unchanged.
ARTICLE FOUR
4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect,
and shall not be modified by this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to
Professional Services Agreement for professional engineering services for the South County
Regional Wastewater Treatment Plant Expansion the day and year first written above.
ATrEST:
Clerk
Attest as to Chatr~l'$
Approved as to form and
legal sufficiency:
Witness
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY,,FI~iI[I~DA~..A...
POLITICAL SUBDIVISJON OF THE"
STATE OF FLORID.~. AND AS EX- ''~
~,-
OFFICIO THE GOVERNING BOARD _~ ~ .
OF THE COLLIER ~OUNTY WATER '.;.. 2~;
SEWER DISTRICT. :-:: '.~:'"' '::.::
· · , . .'¥'
er on
WATER RESOURCE SOLUTIONS, INC.
By:~X~
'Lloyd E. l-i~rva~h, P.E.-
Presiflent
(CORPOR.4.TE SEAL)
03946CGG.K15 - 2 -
SUPPLEMENT NO. 1 TO
SCHEDULE A
SCOPE OF SERVICES
This serves as a supplement and clarification of Schedule A, Scope of Services as provided
in the Professional Services dated August 3, 1999.
This project amendment consists of that work that is necessary to extend the depth of the
test/exploration well to determine the location of the base of the zone termed "underground
source of drinking water" (USDW) by the Florida Department of Environmental Regulation.
Also included in the amendment are drilling and testing program modifications to account
for potential unforeseen conditions.
The itemized work and cost modifications are shown on Schedule B - Attachment C,
Amendment No. 1.
03946CGG.K15 - 1-
SCHEDULE B - ATTACHMENT C
AMENDMENT NO. 1
CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES
TASK A.8 TASK A.9
STAFF LEVEL RATE HOURS AMOUNT HOURS AMOUNT
WRS Inc. S/hr
Principal $120 40 $4,800 11 $1,320
Senior Scientist/PM $110 64 $7,040 108 $11,880
Senior Hydrogeologist $95 108 $10,260 20 $1,900
Hydrogeologist $65 498 $32,370 0 0
CADD Designer $48 0 0 2 $96
Office Admin. IDocum $38 22 $836 13 $494
Subconsultants 0 $1,150
Drilling Contractor $223,450
10% markup 22,345 $115
SUBTOTAL $301,101 $16,955
TOTAL TASKS A.8 AND A.9 ESTIMATED COSTS: $318,056.00
-1-
SCHEDULE B - ATTACHMENT C
AMENDMENT NO. 1
- CONTINUED-
TASK A.8. TEST DRILLING COST ESTIMATE
Estimated Unit Amount
Item Description Unit Quantity Price
1 Mobilize and construct drilling pad to Lump 1 23,000.00 23,000.00
manage fluid. (Compacted earth pad with
plastic liner.)
2 Install surface casing as necessary- Lump I 4,500.00 4,500.00
depth determined by driller (minimum 30
feet).
3 Ddll 6-inch pilot hole 420 feet. Feet 420 15.00 6,300.00
4 Ream pilot hole to 22-inches 420 feet. Feet 420 31.00 13,020.00
5 Install 420 feet of 16-inch (PVC) casing. Feet 420 42.00 17,640.00
6 Grout lower 100 feet with neat cement. Sacks 149 30.00 4,470.00
7 Grout to land surface with 4 percent Sacks 470 35.00 16,450.00
bentonite.
8 Ddll with reverse-air to 500 feet. Feet 80 30.00 2,400.00
9 Set submersible pump and conduct 4 Lump 1 3,200.00 3,200.00
hour test (250 gpm).
10 Drill with reverse-air to 1250 feet. Feet 750 30.00 22,500.00
11 Set single packer at 3 intervals during Each 4 4,000.00 16,000.00
above drilling (Item 10) and conduct 4
hour pumping test below packer.
12 Plug back borehole with cement to 800 Feet 250 35.00 8,750.00
feet.
13 Install sand to 740 feet. Feet 60 30.00 1,800.00
14 Install 740 feet of 6-inch (PVC) casing and Feet 740 35.00 25,900.00
grout to land surface.
15 Drill out sand and develop well for 6 Lump I 7,000.00 7,000.00
hours.
SCHEDULE B - ATTACHMENT C
AMENDMENT NO. 1
- CONTINUED-
Estimated Unit Amount
Item Description Unit Quantity Price
16 Demobilize and clean site. Lump 1 900.00 900.00
17 Geophysical Logging Suite A (caliper, Lump 2 2,200.00 4,400.00
electric LSN, gamma).
18 Caliper log individual. Lump 2 1,000.00 2,000.00
19 Geophysical Logging Suite B (sonic, Lump I 2,800.00 2,800.00
temperature, fluid resistivity).
20 Caliper log with deviation survey. Lump 1 1,200.00 1,200.00
21 Down hole fluid sampling (3 samples). Lump 1 1,200.00 1,200.00
22 Wellhead completion. Lump 1 1,200.00 1,200.00
23 Coring (per 10 foot core). Lump 2 3,000.00 6,000.00
24 Standby time. Hours 20 50.00 1,000.00
25 Ream from 420 to 660 feet. Feet 240 20.00 4,800.00
26 Install 660 feet of 10-inch casing. Feet 660 22.00 14,520.00
27 Grout 10-inch casing. Bags 350 30.00 10,500.00
Task A.8 Subtotal: $223,450.00
Contractor Mark-up 10%: 22,345.00
Estimated Total: $245,795.00
December 14, 1999
Item #16B14
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT RELATED TO THE NORTH
COUNTY WATER RECLAMATION FACILITY EXPANSION, CONTRACT 96-2474, PROJECT
73031 IN THE AMOUNT OF $214,060.00.
Page 197
D£C 1 1999
NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 6 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 Hazen &
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").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of professional services for the NORTH COUNTY
WATER RECLAMATION FACILITY 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:
DEC 1 1999
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.
3.1
ARTICLE THREE
The schedule for said Project, shall be as shown in the revised Schedule C as
attached hereto.
1999
COLLIER COUNTY PUBLIC WORKS
NORTH REGIONAL WATER RECLAMATION FACILITY
5-MGD EXPANSION
CONTRACT AGREEMENT
CONTRACT AMENDMENT NO. 6
SCHEDULE A - SCOPE OF SERVICES
The Scope of Services as provided in the Professional Services Contract Agreement dated
May 14, 1996 shall be amended to provide for the following additional items:
1. All design, contract administration and detailed observation services as required to
incorporate the following modifications to Odor Control Systems at the NCRWRF:
Deletion from the project of the Aeration Basin Odor Control System, including odor
control covers at Aeration Basins 4 through 7; scrubber ducting from Aeration
Basins 4 through 7 to the Aeration Odor Scrubber System; the Aeration Odor
Scrubber System; and all associated civil, mechanical, electrical, and
instrumentation items.
Construction of wall enclosures on the upper and lower levels of the Dewatering
Building (including the existing building and the building expansion already included
in this project). The wall enclosures will consist of concrete masonry walls with
exterior stucco and coatings to match the architecture of other process buildings at
the NCRWRF. Windows will be incorporated throughout the enclosure for natural
lighting of the building interior. Also included in the enclosure design will be all
necessary building modifications related to HVAC, plumbing and lighting.
Construction and installation of an Odor Control System to serve the upper level
(belt press room) and lower level (truck loading area) of the Dewatering Building.
The Odor Control System will consist of scrubber ducting from the enclosed areas
to the proposed odor control unit; the Odor Control Unit; and all associated civil,
mechanical, electrical, and instrumentation items. The Engineer shall assist the
County in selection of the most appropriate odor control process. Options to be
evaluated include a packed tower wet scrubber (similar to the scrubbers now
operating at the NCRWRF and SCRWRF), a "latest generation" pre-manufactured
biofilter, a first or second generation ("home-made") biofilter, or a forced-draft
dilution ventilation system.
It should be noted that the design and contract administration services for the addition
of odor control systems (OCS) for Aeration Basins 4-7 and the Dewatering Building
were originally included in Amendment No. 4 to this Professional Services Agreement.
The following is a summary of events since Contract Amendment No. 4 was approved:
August 1998: Contract Amendment No. 4 approved. Design of Aeration Basin
Odor Control System commences. The County requests that the design of
Dewatering Odor Control System be deferred, pending negotiations with a
neighboring developer for sharing in its construction costs.
October 1998: Negotiations with the neighboring developer to share in the
construction costs for the Dewatering Building OCS are unsuccessful. The County
requests that the Engineer prepare separate bidding documents for the
removal/salvage of the Sludge Stabilization System equipment. The County agrees
to reallocate the funds for design of the Dewatering Building OCS for the
preparation of the removal/salvage bidding documents.
n
August 1999: The County indicates that odor control at the Dewatering Building
should take priority over the odor control at the Aeration Basins. The County
chooses to reallocate construction funds from the Aeration Basin OCS to a
Dewatering Building OCS. As a result, construction of the Aeration Basin OCS will
be deleted and construction of the Dewatering Building OCS will be added to the 5-
MGD Expansion project.
The design of the Aeration Basin OCS is complete and can be used in future bidding
documents. Contract Administration services related to the Aeration Basin OCS will be
deleted in Contract Amendment No. 6. Contract Administration services for the
Dewatering Building OCS is already included in Amendment No. 4. Since funds
originally added for the Dewatering Building OCS design were reallocated for the sludge
stabilization removal/salvage bidding documents, additional funds are included in
Contract Amendment No. 6 for the design of the Dewatering Building OCS.
At the County's request, revisions shall be made to the current automatic control
strategy for the process air blowers to serve Aeration Basins 4 through 7. Under the
control strategy in the "as-bid" contract documents, air output from the blowers would
be automatically controlled in proportion to the amount of plant influent wastewater flow.
The County has since requested that the air output also be automatically controlled to
maintain a dissolved oxygen level setpoint within the aeration basins. The current
design shall be revised to incorporate a "compound-loop" control strategy, in which the
air output
from the blowers is controlled based on influent flow, and then "fine-tuned" based on
dissolved oxygen levels in the aeration basins. This concept has been agreed upon
with the Wastewater Department.
The initial construction periods for this project were 20 months for Substantial
Completion and 22 months for Final Completion. During the bid period, several
contractors requested that the construction duration be extended to account for
difficulties in obtaining adequate construction manpower in the Collier County/Lee
County labor market. It was mutually agreed between the County and the Engineer to
extend the construction period by three months. The additional three months in
construction duration will require additional construction management services for
Contract Administration (construction progress meetings, project management) and
Detailed Observation (normal and specialty inspections).
A partnering session has been requested by the County to foster good communication
and cooperation between the Contractor, the County and the Engineer during the
construction project. An outside consultant was hired. The costs will be shared equally
between the three parties. The Engineer will compensate the outside partnering
consultant directly for the County's share. Compensation included in this amendment
represents the County's reimbursement to the Engineer for the County's share.
'1999
These Service's described above in Schedule A shall 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.
LU
wz
,o
DEC1 ~ ~c,c
ARTICLE FOUR
DEC 1 ~ 1999
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 WATER RECLAMATION
FACILITY 5-MGD EXPANSION the day and year first written above.
ATTEST: As to Chairman)
:: ,.';,. , ...
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A :~:?~?~::;';
POLITICAL SUBDIVISION OF THE STATE?:'-.:?'i '
OF FLORIDA AND AS EX - OFFICIO THE.~;, '."': '-
GOVERNING BOARD OF THE COLLIER:'-",~-,'
AtteSt,' :;":~,' 't."0 :Chalrlllan' $COUNTY WATER-SEWER DIS~
..... ~: /L! I/_~ /_r ~l~~ ' ",,,,' '"":~',,,,,'"~'
~m~a ~ Mac~ie?h~ma.n
By:
~wigh{ 5. ~, C~k . ~
Approved as to form and
legal sufficiency:
Assistant co~
Witness
Witness - -
Hazen & Sawyer, P.C.
"~"~::/I~Rp.~ 'TVE i C:E PAr~sident
December 14, 1999
Item #16B15
CHANGE ORDER TO THE NORTH COUNTY WATER RECLAMATION FACILITY RECLAIMED
WATER PUMPING STATION UPGRADES PROJECT, BID 98-2812, PROJECT 74024 IN
THE AMOUNT OF $12,125.00.
Document not received in Clerk,s Office as of February 1, 2000.
Page 198
December 14, 1999
Item #16B16
CONDITIONAL ACCEPTANCE OF RIGHT-OF-WAY CONVEYANCE BY LONG BAY
PARTNERS, LLC, AND ATTENDANT ROAD IMPACT FEE CREDIT IN THE AMOUNT OF
$1,232,900 FOR LIVINGSTON ROAD IMPROVEMENTS NORTH OF IMMOKALEE ROAD,
SUBJECT TO ENTRY INTO DEVELOPER CONTRIBUTION AGREEMENT WITH
STIPULATIONS.
Page 199
letn: TONI
REAL PROPHRT¥
BXT 8991
INTBR OPPICE
Prepared by and Return To:
David L. Cook
Windels Marx Lane & Mittendoff, LLP
3461 Bonita Bay Blvd., Suite 221
Bonita Springs, Fla. 34134
2673613 OR: 2708 PG: 1484
RECORDED in the OFPICIAL'RECORDS of COLLIER COUNTY, FL COPIES
08/09/2000 at 09:03AM DWIGHT E. BROCK, CLERKMISC
91.50
20.00
DEVELOPER CONTRIBUTION AGREEMENT AND
SECOND AMENDMENT TO THE AMENDED AND RESTATED
DEVELOPER CONTRIBUTION AGREEMENT
THIS DEVELOPER CONTRIBUTION AGREEMENT AND SECOND AMENDMENT
to the Amended and Restated Developer Contribution Agreement is made and entered into this
day of ~~o_lJk.7~ ,2000, by and between MEDITERRA SOUTH
COMMUNITY DEVELOPMENT DISTRICT, (hereinafter referred to as "District"), whose
mailing address is 10300 N. W. 11th Manor, Coral Springs, Fla. 33071, LONG BAY PARTNERS
LLC, (hereinafter referred to as "Developer"), whose mailing address is 3451 Bonita Bay Blvd.,
Suite 202, Bonita Springs, Fla. 34134, and COLLIER COUNTY, FLORIDA, a political
subdivision of the State of Florida, (hereinafter referred to as 'County"), whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112.
RECITALS
WHEREAS, Developer and County entered into the Amended and Restated Developer
Contribution Agreement (the "Prior DCA"), on November 10th, 1998, which was recorded at OR
Book 2494, Page 1704, Public Records of Collier County, Florida; and
WHEREAS, Developer and County entered into a First Amendment to the Amended and
Restated Developer Contribution Agreement on November 23, 1999, which was approved by the
Collier County Board of County Commissioners on November 23, 1999 as agenda item 16 B.-11;
and
OR: 2708 PG: 1485
WHEREAS, the parties hereto desire to amend and clarify certain aspects of the Pn0o~rClD~A~ ]~
as it pertains to property now owned by District; and
WHEREAS, Collier County Ordinance No. 99-41, creating the Meditcrra PUD, was
approved by the Board of County Commissioners on June 8, 1999, and
WHEREAS, the Meditcrra PUD is described in Exhibit "A", which is attached hereto and
made a part hereof (hereinafter referred to as the "Property"); and
WHEREAS, the Mediterra South Community Development District was established on
September 14, 1999 pursuant to Chapter 190, Florida Statutes, for purposes of providing certain
public services and of financing and constructing certain infrastructure within the Meditcrra PUD;
and
WHEREAS, the Livingston Road extension from Immokalee Road (C.R. 846) to the Lee
County line and connecting to a Lee County segment that continues to Bonita Beach Road
(hereinafter "Livingston Road") has been an integral part of Collier County's transportation plans
for many years; and
WHEREAS, in accordance with the stipulations contained in Collier County Ordinance No.
99-41, which approved the petition for the rczone of the Property, the Developer had reserved a strip
of land along the southern edge of the Mediterra PUD for the construction of Livingston Road
(East-West) for road fight-of-way purposes, which strip of land is one hundred seventy (170') feet
wide along most of its length except for the Western end where the strip reduces to one hundred
forty (140) feet wide; and
WHEREAS, the project design for Livingston Road requires the conveyance of a one
hundred (100') foot wide strip of land along the eastern edge of the Mcditerra PUD for the
2
construction of Livingston Road (North-South); and
OR: 2708 PG: 1486
OEC 4 1999
WHEREAS, the Developer has conveyed to the District the property shown in Exhibit "A- 1 ",
which is attached hereto and made a part hereof (hereinafter referred to as the "District Property");
and
WHEREAS, the above referenced 170' wide strip of land together with the 100' wide strip
of land constitute the District Property, as defined herein; and
WHEREAS, the District is desirous of conveying the District Property for the construction
of Livingston Road in return for road impact fee credits in an amount equal to the market value of
the right-of-way being conveyed; and
WHEREAS, pursuant to Paragraphs 8 and 11 ofttie Prior DCA, the District, as successor
to the Developer, is entitled to a road impact fee credit for certain easement or deed conveyances for
Livingston Road at an estimated aggregate cost of $605,000.00.
WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended, requires that the
value of the District Property shall be based upon an appraisal of fair market value; and
WHEREAS, the County has caused the fair market value of the District Property to be
appraised; and
WHEREAS, the District accepts the appraised value of the District Property; and
WHEREAS, the parties to this Agreement acknowledge that the value of the District Property
is $1,232,900, as derived from an analysis of comparabl.e sales of similar properties, between
unrelated parties in a bargaining transaction; and
WHEREAS, the parties to this Agreement acknowledge that the Road Impact Fee Credits
referenced in this Agreement are consistent with those referenced in the Prior DCA, and shall be
OR: 2708 PG: 1487
reduced by the amount of the Road Impact Fee due for each building permit issued to District or its
assignee, until all such Credits have been exhausted; and
WHEREAS, the parties to this Agreement acknowledge that Road Impact Fee Credits shall
be a credit only against Road Impact Fees, and that such Credits shall not offset, diminish or reduce
any other charges, fees or other impact fees for which the District or Developer is responsible in
connection with the development of the Property; and
WHEREAS, the parties to this Agreement acknowledge that the failure of this Agreement
to address any permit condition, term or restriction shall not relieve any party, or their successors,
of the necessity of complying with any law, ordinance. role or regulation governing said permitting
requirements, conditions, terms or restrictions; and
WHEREAS, the District has agreed to donate the required Utility Easement, which is more
particularly described and depicted in Exhibit "B", attached hereto and made a part hereof; and
WHEREAS, the parties to this Agreement acknowledge that the burdens and benefits of this
Agreement shall be binding upon and shall inure to the successors in interest to the parties to this
Agreement; and
WHEREAS, the parties to this Agreement acknowledge that this Agreement is not to be
development agreement under the Florida Local Government Development
construed as a
Agreement Act.
WITNESSETH
NOW, THEREFORE, in consideration often Dollars ($10.00) and other good and valuable
consideration exchanged between the parties, the receipt and sufficiency of which is mutually
acknowledged, and in consideration of the covenants contained herein, the parties agree as follows,
4
OR: 2708 PG: 1488
The above r~cit~ls are true and correct, and ~e herewith incorporated as a part of this
AEreemcnt
District shall provide County with either (i) an attorney's opinion or (ii) title
insurance commitment and policy at Disthct's cost, as to the record title holder of the
District Property, which opinion shall also identify any lienholders having any lien
or encumbrance affecting the portion of the District Property.
The District shall convey to the County, via Warranty Deed, and free of all liens and
encumbrances, the District Property, more particularly described in Exhibit "A-I"
and the Utility Easemere more particularly described in Exhibit "B". Said Warranty
Deed and Utility Easement shall be delivered to the County by the District within
thirty (30) days of the date of this Agreement.
In exchange for the District Property, the District shall be entitled to a Road Impact
Fee Credit in an amount not to exceed ONE MILLION, TWO HUNDRED THIRTY-
TWO THOUSAND, NINE HUNDRED ($1,232,900.00) DOLLARS. This credit
shall be available immediately upon the execution of this Agreement by the
Chairman of the Board of County Commissioners of Collier County, Florida and
recordation of the Warranty Deed described in Paragraph 3. The District may assign
all or any portion of the credit to the other properties described in Exhibit A until
completion of Livingston Road to Bonita Beach Road in Lee County and thereafter
to other properties within Road District No. '1 whether the property is owned by the
District or other property owner(s).
o
o
OR: 2708 PG: 1489
9[¢ q !99 :j
Upon receipt of said Warranty Deed, County shall record same in the public records
of Collier County, Florida, and will assume the costs associated with recordation.
Effective upon recordation of the Warranty Deed described in Paragraph 3, until
development of the Property is completed, or until the balance of the Road Impact
Fee Credit has been reduced to zero, the County shall apply portions of the Road
Impact Fee Credit toward the Road Impact Fees which the District, the Developer,
or any builder is required to pay for each building permit which is applied for on the
Property or within Road Impact Fee District 1, reducing the balance of the Road
Impact Fee Credit by the same amount due for each building permit so issued.
County shall provide District with a certified copy of this Agreement, including all
exhibits attached hereto, such that District's certified copy of Exhibit "C" (Road
Impact Fee Credit Ledger), shall serve as the ledger sheet to document District's
balance of Road Impact Fee Credits.
With each building permit issued to the District or its assignee, the County shall
subtract from the Road Impact Fee Credit balance the amount of Road Impact Fees
appropriate to that particular permit and shall enter the new balance in the ledger
column labeled Impact Fee Credit Balance. Next to this new credit balance, both the
County Official issuing the building permit and the person applying for the building
permit shall print and sign their names.
Upon written application made unto the County by the District, and no sooner than
November 10, 2003, County shall, within sixty (60) days, refund to the District the
Impact Fee Credit Balance. Said written application shall include a certification
6
10.
11.
OR: 2708 PG: 1490
made by the District that all development subject to the payment of Road Impact
Fees has been completed on the Property. The refund by County shall be disbursed
as agreed between the District and County based upon the liquidity of Road Impact
Fee District 1 account and provided it does not adversely affect the cash flow of said
Road Impact Fee District account, provided, however, notwithstanding the foregoing,
the refund shall be paid to District no later than five years from the date District's
application, consistent with the Prior DCA.
The Prior DCA is hereby amended to allow road impact fee credits related to
construction costs for only those road construction costs incurred by District as are
described in Sections 7, 11, 12 and 13 of the Prior DCA as limited by Section 23 of
the Prior DCA.
Paragraph 25 of the Prior DCA is hereby amended to read:
The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to all successors in interest to
LBP and the District. However, the intent of this paragraph is that the
Agreement will be binding upon a person or entity who purchases
from LBP with the intent of assuming LBP's role as the "developer"
of the property described in Exhibit "A" to the Agreement, as such
term is defined in section 617.301(5), Fla Stat., and not individuals,
builders, or sub-developers who purchase lots or development parcels
within the property described in Exhibit "A", provided the lots or
development parcels are not part of the right-of-way obligated to be
conveyed by LBP to County under this Agreement.
OR: 2708 PG: 1491
~EC ~ ~ 1999
12. County shall record this Agreement in the public records of Collier County, Florida,
within 14 days of its execution by the Chairman of the Board of County
Commissioners.
13. Any party to this Agreement may file an action for injunctive relief in the Circuit
Court of Collier County, Florida, to enforce the terms and conditions of this
Agreemere, said remedy being cumulative with any and all other remedies available
to the parties for enforcement of the Agreement.
14. This Agreement may be amended or canceled only by the mutual consent of the
parties to the Agreement, or by their successors in interest.
15. This written Agreement, including all exhibits attached hereto, is supplemental to the
Prior DCA, and to the extent of any conflicts between this Agreement and the Prior
DCA, this Agreement shall control.
IN WITNESS WHEREOF, the parties hereunto have affixed their signatures by their duly
authorized representatives
AS TO COUNTY
ATTEST:
DWIGHT E. BROCK, CLERK
.,Deputy Clerk
Attest ms 'to Ctmtrmll'$
.stg.ature, only.
BOARD OF COU~U_~LT~-~.OMMIS SIONERS
COLLIE~C~OUNTY, FLORIDA
~(iOTHY J
Chairman ~ t I~
8
AS TO DISTRICT:
WITNESSES:
(Signature) 0
£'11,',~ ,~ ~ ~,~ ,n
(Print Full Name)
(Signature)
(Print Full Name)
OR: 2708 PG: 1492
BOARD OF SUPERVISORS OF THE
MEDITERRA SOUTH COMMUNITY
DEVELOPMENT DISTRICT
Margaret l~mblidge, Chairl~son,
STATE OF FLORIDA
COUNTY OF Leo-
The foregoing Developer Contribution Agreement was executed before me this ~ day
of ,~ ~ ,2000 by Margaret Emblidge, Chairperson, Board of Supervisors, Mediterra
SoutlVCommunity Development District on behalf of the District. She is personally kufl.wa by me
or has produced
Affix notarial seal
O~I~IOAL NOTARY
LILLIAN
b!OTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC8669~6
as proof of identity.
N~J(Signature)
Print blame of Notary Public
q
OR: 2708 PG: 1493
AS TO DEVELOPER:
WITNESSES:
(~gnature)
(Print Full Name)
(Signature)
(Print Full Name)
LONG BAY PARTNERS LLC
By: BONITA BAY PROPERTIES, INC.
Its: MANAGING MEMBER
By:
Susan Hebel Watts
Vice President
(CORPORATE SEAL)
DEC t q Iggg
STATE OF FLORIDA
COUNTY OF ~
The foregoing Developer Contribution Agreement was executed before me this
~ .day of ..~t,.-Z.~ ,2000 by Susan Hebel Watts, Vice President of Bonita Bay
Properties, Inc., Managing Member of Long Bay Partners LLC on behalf of the company. She is
personality me or has produced
Affix notarial seal
OFFICIAL NOTARY S.qAL
LILLIAN PAGAN
NOTAgY Fu'BLIC STATIi O1~ ~
OOMMIS~ION NO. CC8669~
MY COMMISSION ID(P. SEPT
as proof of identity.
iqo~ary Public (gn~~at~e)
Print Name of Notary Public
Approved as to form and
legal sufficiency:
David Weigel
County Attorney
IO
OR: 2708 PG: 1494
A PARCEL OF LAND LOCATED IN SECTIONS 11, 12 & 13 TOWNSHIPS SOUT~? ~ ~4
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT TE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 SECTION 12, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. THENCE RUN N. 00'52'07" W. ALONG THE EAST LINE OF SAID
SOUTH%UEST 1/4 SECTION 12. FOR A DISTANCE OF 2631.75 FEET TO THE CENTER
OF SAID SECTION 12; THENCE CONTINUE N. 00'52'07" W. ALONG THE EAST LINE
OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. FOR A
DISTANCE OF 1316.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 12. THENCE RUNS $. 83'54'06" W.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST. 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF 862.28 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN N. 00'5022" W. ALONG THE
WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 12 FOR A DISTANCE OF 638.71 FEET TO THE NORTHWEST
CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 12; THENCE RUN N 83'$3'45" E. ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SAID
SECTION 12. FOR A DISTANCE OF 661.95 FEET TO THE NORTHEAST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SAID
SECTION 12; THENCE RUN 00'52'07" W. ALONG THE EAST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 12. FOR A DISTANCE OF 658.39 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN
S. 85'57'20" W. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION
12, FOR A DISTANCE OF 2646.45 FEET TO THE NORTHWEST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN S. 00'45'07" E, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF
1319.36 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE
RUN S. 83'54'42" W. ALONG THE NORTH LINE OF TH SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE 1325.63 FEET TO THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 11; THENCE RUN S. 00'45'23" E. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF
1320.39 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN 00'45'04" E. ALONG THE WEST
LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A
DISTANCE OF 1321.73 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE RUNS 32'46'37" W. ALONG
THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST I/4 OF SAID
SECTION 11, FOR A DISTANCE OF 1325.33 FEET TO THE NORTHWEST CORNER OF
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11;THENCE RUNS
S. 00'45'39" E. ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 11, FOR A DISTANCE OF 1323.80 FEET TO THE SOUTHWEST
OR: 2708 PG: 1495
CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE RUN N. 83'41'~5" E.
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A
DISTANCE OF 2650.25 FEET TO THE NORTHWEST CORNER OF SECTION 13.
TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE RUN S. 00'43'28" E. ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF
675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N.
82'38'13" E. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 664.12 FEET
TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00'41'49" W. ALONG
THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 675.07 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 33'41'00"E. ALONG THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 43 SOUTH,
RANGE 25 EAST, FOR A DISTANCE OF 1993.31 FEET TO THE POINT OF BEGINNING.
AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 30 FEET AND
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 AND NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND NORTHEAST
1/4 OF THE SOUTHWEST 1/4, LESS NORTH 1/2 OF SOUTHWEST 1/4 OF NORTHEAST
1/4 OF SOUTHWEST 1/4 OF SECTION 11. TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT #1985031-A-101
6~3~99
REF. DWG. #B-2663
PARCEL 1.05A-T REVISED
A PARCEL OF LAND LOCATED IN PORTIONS OF SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
B'EGIN AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°41'00"W., ALONG THE SOUTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 2657.74 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 12; THENCE RUN S.88°41'15"W., ALONG THE SOUTH LINE OF~THE
SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, FOR A DISTANCE OF
2650.25 FEET TO THE SOUTHWEST CORNER OF THE:SOUTHEAST QUARTER OF SAID SECTION 11;
THENCE RUN N.O0045'39"W., ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11,
FOR A DISTANCE OF 200.01 FEET TO A POINT 200.00 FEET NORTHERLY OF, AS MEASURED AT RIGHT
ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE RUN
N.88°41'15"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, FOR
A DISTANCE OF 2650.32 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 11; THENCE RUN N.88°41'00"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 2479.36 FEET; THENCE RUN N.42°00'53"E. FOR A
DISTANCE OF 49.21 FEET; THENCE RUN N.04°41'21"E. FOR A DISTANCE OF 29.80 FEET; THENCE RUN
N.O0°52'45"E. FOR A DISTANCE OF 241.04 FEET; THENCE RUN NO7°07'59"E. FOR A DISTANCE OF 50.49 ~
FEET; THENCE RUN N.00°52'45"E. FOR A DISTANCE OF 891.15 FEET TO A POINT 100.00 FEET WESTERLY'
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 12; THENCE RUN N.00°52'O7"W. PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 12, FOR A DISTANCE OF 765.10 FEET; THENCE RUN S.89°07'53"W. FOR A DISTANCE OF
12.00 FEET; THENCE RUN NO0°52'07"W., FOR A DISTANCE OF 464.05 FEET; THENCE RUN N.12°39'22"E.
FOR A DISTANCE OF 51.31 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE RUN
N.00°52'O7"W. FOR A DISTANCE OF 1223.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE RUN N.88°54'O6"E., ALONG THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A
DISTANCE OF 100.00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID SECTION 12;
THENCE RUN S.00°52'07"E. ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 12, FOR A
DISTANCE OF 3948.51 FEET TO THE POINT OF BEGINNING; CONTAINING 33.713 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, AS BEING S.88°41'00"W.
HOLE, MONTES& ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THO~S J. GARRIS
STATE'OF FLORIDA .--
TF~.~ ~ ~ ~ ~ .~ · . .- -..
10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 94 I-gg2-o?g5 FAX g41-gg2-2327
OR: 2708 PG: 1497
~-x. /~-/
R z
z
z
00~2'4~' E 891.15' 765.10' - ~ 484.05'
S ~2'0~ E 3g~51'
1223.08'
OR: 2708 PG: 1498
OEC I 6 1999,
/I- I
Preserving and enhancing Florida's quality of life since 1966
HOLE, MONTES & ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
HMA PROJECT #1985031-A-101
6-4-99
REF. DWG. #B-2664
PARCEL 105-B-T REVISED
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00°52'07"E., ALONG THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 658.39 FEET TO THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 12; THENCE RUN S.88°55'46"W., ALONG THE SOUTH LINE OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 12, FOR A DISTANCE OF 100.00 FEET TO A POINT 100.00 FEET WESTERLY OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE RUN
N.00°52'07"W., PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR
A DISTANCE OF 658.44 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 12; THENCE RUN N.88°57'26"E., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 12, FOR A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1.512
ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS REFER TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.00°52'07"E.
HOLE, MONTES & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB #1772
THOMAS; J. GARRIS
P.L.S. # 3741
STATE OF FLORIDA
10550 ABERNATNY S]REET BONITA SPRINGS, FLORIDA 34135 941-g92-0795 FAX 941-992-2327
OR: 2708 PG: 1499
w. LiNE N.E. 1/4, N.E. 1/4. N.W, 1/4
SEC. 12-48-25
11991)2'o7'w
105B-T
G5~,44'
S00'52'07'E
E. LINE N.W. 1/4
SEC. 12-48-25
658.39'
EXHIBIT__~_
Page __.~.[ _of.......L~
OR: 2708 PG: 1500
o ill
w. UNE S~ I/4 Of' SEC. 11-48-25
t
i..__"~-..A./ L4 ~.$ N 00""J2'45' r e~0.10' N 00'"J2'07' w 714.87'~, 4~.s5. a3
,~,..0/ ! ~., "= '%E. UN[ W 1/2 0~' SEC. 12-48-25
~
EXHIBIT '~"
OR: 2708 PG: 1501
DEC ~ ~ ~999
DEVELOPER'S ROAD IMPACT FEE CItEDIT LEDGER
IMPORTANT: This Road Impact Fee Credit Ledger is
intended to document the balance of Road Impact Fee
Credits applying ONLY to the following property:
(See~ page attachment) ffO~ ib-O./~L /)~9(fCIf3~Ofx3
BEGINNING BALANCE ............. [~'~// P_32_/9OO
DATE 'PERMIT NO. ROAD IMPACT IMPACT FEE
FEES DUE CREDIT BALANCE
COUNTY OFFICIAL DEVELOPER REPIIESEN'I'ATIVE
(SIGNATURE) ( SIGNATURE )
$ $ .
I o./-3
OR: 2708 PG: 1502
A PARCEL OF LAND LOCATED IN SECTIONS 11, 12 & 13 TOWNSHIPS SOUTH. '
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT TE SOUTHEAST CORNER OF THE
SOUTHWEST 1/4 SECTION 12, TOWNSHIP 48 SOUTH. RANGE 25 EAST, COLLIER
COUNTY, FLORIDA. THENCE RUN N. 00'52'07" W. ALONG THE EAST LINE OF SAID
SOUTHWEST 1/4 SECTION 12. FOR A DISTANCE OF 2631.75 FEET TO THE CENTER
OF SAID SECTION 12; THENCE CONTINUE N. 00'$2'07" W. ALONG THE EAST LINE
OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 12. FOR A
DISTANCE OF 1316.77 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SAID SECTION 12. THENCE RUNS S. 83'54'06" W,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST.I/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF 862.28 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN N. 00'50'22" W. ALONG THE
WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 12 FOR A DISTANCE OF 638.71 FEET TO THE NORTHWEST
CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF SAID SECTION 12; THENCE RUN N 83'53'45" E. ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SAID
SECTION 12. FOR A DISTANCE OF 661.95 FEET TO THE NORTHEAST CORNER OF
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SAID
SECTION 12; THENCE RUN 00'52'07" W. ALONG THE EAST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 12. FOR A DISTANCE OF 658.39 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN
S. 85'57'20" W. ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION
12, FOR A DISTANCE OF 2646.45 FEET TO THE NORTHWEST CORNER OF THE
NORTHWEST 1/4 OF SAID SECTION 12; THENCE RUN S. 00'45'07" E, ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 12, FOR A DISTANCE OF
1319.36 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE
RUN S. 83'54'42" W. ALONG THE NORTH LINE OF TH SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE 1325.63 FEET TO THE
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 11; THENCE RUN S. 00'45'23" E. ALONG THE WEST LINE OF THE
SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11, FOR A DISTANCE OF
1320.39 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 11; THENCE RUN 00'45'04" E. ALONG THE WEST
LINE OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11, FOR A
DISTANCE OF 1321.73 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE RUNS 32'46'37" W. ALONG
THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID
SECTION 11, FOR A DISTANCE OF 1325.33 FEET TO THE NORTHWEST CORNER OF
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11 ;THENCE RUNS
S. 00'45'39" E. ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 11, FOR A DISTANCE OF 1323.80 FEET TO THE SOUTHWEST
*** OR: 2708 PG: 1503
COKNER OF THE $O~TlqEAST 1/4 OF SAID SECTION 11; THENCE RLrN N. $3'41'1~" E.
ALON~ THE SOUTH L1NE OF THE $OUTHEA$~ 1/4 OF SAID SECTION 11, FOR A
DISTANCE OF 2550.25 FEET TO THE NORTHWEST COl~qER OF SECTION 13.
TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE RUN S. 00'43'28" E. ALONG THE
WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF
675.60 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N.
82'38'13" E. ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 664.12 FEET
TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF
THE NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 00'41'49" W. ALONG
THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13. FOR A DISTANCE OF 675.07 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 13; THENCE RUN N. 33'41'00"E. ALONG THE
SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 12. TOWNSHIP 43 SOUTH,
RANGE 25 EAST, FOR A DISTANCE OF 1993.31 FEET TO THE POINT OF BEGINNING.
AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS SOUTH 30 FEET AND
SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 AND NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND NORTHEAST
1/4 OF THE SOUTHWEST 1/4, LESS NORTH 1/2 OF SOUTHWEST 1/4 OF NORTHEAST
1/4 OF SOUTHWEST 1/4 OF SECTION 11. TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
Prepared by and return to:
David L. Cook, Esq.
Lane & Mittcndorf LLP
3461 Bonita Bay Blvd. #105
Bonita Springs, FL 34134
2673614 OR: 2708 PG: 1504
RECORDED in 0[HCIAL RECORDS of COLLIER COUNTY,
0~/09/2000 at 09:03AM DWIGH~ B. BROCK, CLBRK
Retn:?ONI
RBAL PROPHR?Y
BXT 8991
INTBR O~HCH
RBC FBB 24.00
DOC-.70 ,70
COPlBS 5,00
Parcel ID Number:
C \q ot u ot oq
[Space Above This Line for Recording Data]
WARRANTY DEED
THIS INDENTURE, madethis .23 dayof DE'tL ., /~'?~' ,between
MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT, GRANTOR, and
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,
GRANTEE, whose address is: 3301 East Tamiami Trail, Naples, FL 34112.
(Whenever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.)
WITNESSETH, that the Grantor, for and in consideration of the sum often & 00/100 Dollars
($10.00), and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's
heirs and assigns forever, the following described land, situate, lying and being in the County of
Collier, State of Florida, to wit:
See Attached Exhibit "A"
SUBJECT TO real property ad valorem taxes for 2000 and subsequent years; zoning, building
code and other use restrictions imposed by governmental authority; outstanding oil, gas and mineral
interests of record, if any, and restrictions and easements common to the subdivision.
AND the Grantor does hereby fully warrant the title to said land, and will defend the same
against lawful claims of all persons whomsoever.
(Signature Page Follows)
OR:
2708 PG: 1505
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first
above written.
Signed, sealed and delivered in
the presence of:
Witness #1 T. Linda Hansen
Printed Name:
Witness #2
Printed Name: Z;kt'u/Z:~ /-' Cook
MEDITERRA SOUTH COMMUNITY
DEVELOPMENT DISTRICT
By:
Board of Supervisors
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this ~ day of
, /???} , by Margaret Emblidge, Chairperson, Board of Supervisors,
Mediterra South Community Development District, on behalf of the District. She is personally
known to me.
(Seal)
~F~, .~.~ MY COMMISSION # CC575868 EXPIRES
~ [ ;~"= August 11, 2000
~otet'D TH~U TROY mN InSUraNCE, ~NC.
Notary Public
Printed Name:
My Commission Expires:
THIS CO~¥EYANCE ACCEPTED BY THE
BOARD OF
COLLIER CO~v, PLORIDA,
Appi~~.~ for, & 1~g~1 suffictenc~
Assistant ~ounty Attorne.v
S:LL & M FILESXaMediterra CDD\Closing Documents\lst Takedown\Warranty Deed-Collier Co.wpd
2
EXHIBIT "A"
H' Preserving and enhancing Rorida"$ quality of life since 1966
'
HOLE, MONTE, & ASSOCIATE', INC. EXHII IT~ HMA PROJECT #198503i-A-101
...... ~" 613199
ENGINEEP,~ PLANNERS SURVEYORS ;~r.)c~e ....~.,j~._~_, REF. DWG. ~B-2663
PARCEL 1.05A-T REVISED
..//
A PARCEL OF LAND LOCATED IN PORTIONS OF SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
,BEGIN AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°41'00"W., ALONG THE SOUTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 2657.74 FEET TO THE
SOUTHWEST CORNER OF SAID SECTION 12; THENCE RUN S.88°41'15"W., ALONG THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST; FOR A DISTANCE OF
2650.25 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER oF SAID SECTION 11;
THENCE RUN N.00°45'39"W., ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11,
FOR A DISTANCE OF 200.01 FEET TO A POINT 200.00 FEET NORTHERLY OF; AS MEASURED AT RIGHT
ANGLES TO, THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE RUN
N.88°41'15"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, FOR
A DISTANCE OF 2650.32 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION .11; THENCE BUN N.88°41'00"E., PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 12, FOR A DISTANCE OF 2479.36 FEET; THENCE RUN N.42~00'53"E. FOR A .,.,'
DISTANCE OF 49.21 FEET; THENCE RUN N.04~41'21"E. FOR A DISTANCE OF 29.80 FEET; THENCE RUN
N.00°52'45"E. FOR A DISTANCE OF 241.04 FEET; THENCE RUN N.07°07'Eg"E. FOR A DISTANCE OF 50.49
FEET; THENCE RUN N.00°52'45"E. FOR A DISTANCE OF 891.15 FEET TO A POINT 100.00 FEET WESTERLY...
OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUT.HWEST QUARTER OF SAID
SECTION 12; THENCE RUN N.00°52'07"W. PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER " '
OF SAID SECTION 12, FOR A DISTANCE OF 765.10 FEET; THENCE RUN S.89°07'53"W. FOR A DISTANCE OF
12.00 FEET; THENCE RUN N.0.0°52'07"W., FOR A DISTANCE OF 464.05 FEET; THENCE RU~ N.12°39'22"E.
FOR A DISTANCE OF 51,31 FEET TO A POINT 100,00 FEET WESTERLY OF, AS MEASURED AT RIGHT
ANGLES TO, THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE RUN
N.00°52'O7"W. FOR A DISTANCE OF 1223.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12; THENCE RUN N.88°54'06"E., ALONG THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, FOR A
DISTANCE OF 100.00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID SECTION 12;
THENCE RUN S.00°52'07"E. ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 12, FOR A
DISTANCE OF 3948.51 FEET TO THE POINT OF BEGINNING; CONTAINING 33,713 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS'REFER TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 48
SOUTH, RANGE 25 EAST, AS BEING S.88~41'00"W.
HOLE, MONTES & ASSOCIATES, INC..
CERTIFICATE OF AUTHORIZATION LB #1772
THOI{A~S J. GARRIS
P.L.S. # 3741
STATE OF FLORIDA
10~50 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 G4 t.992-0795 FAX 94 $-992.2327
OR: ~2708 PG: 1507
'I.ii
m
o
** EXHIBIT "A"
DEC
December 14, 1999
Item #16B17
BUDGET AMENDMENT CLOSED IN ERROR FOR THE CONSTRUCTION OF SAFETY REFUGE
SHELTERS BY SURETY CONSTRUCTION COMPANY.
Item #16C1
CHAIRWOMAN TO SIGN INFOTRAC SUBSCRIPTION AND LICENSE AGREEMENT TO
ENABLE LIBRARY TO SUBSCRIBE TO ELECTRONIC VERSIONS OF LITERATURE
RESOURCE CENTER, BIOGRAPHY RESOURCE CENTER AND MARQUIS WHO,S WHO IN
THE AMOUNT OF $22,862.00.
Page 200
~GALE G~OUP
DEC 1
Date: 10/26/99
Library: Collier County Public Library
Contact Name: Marilyn Matthes
Address: 650 Central Ave
City, Naples State, FL Zip: 34102
.IC0?~(:U~ited st~t?
1999
InfoTrac Subscription and License Agreement
This legal document is an agreement between GALE GROUP, a Thomson Corporation company, and you, the subscriber (herein referred to as "Subscriber").
UPON SIGNING THIS AGREEMENT, SUBSCRIBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.
This agreement provides for the use by the Subscriber of the "Product" as defined below, and any and all enhancements, modifications or alterations made
thereto by Gale Group, and any written materials supplied by Gale Group under this agreement ("Agreement").
TERMS AND CONDITIONS:
1.0
Product. The "Product" made subject to this Agreement consist of: (a) the "Database(s)" ordered by Subscriber pursuant to the
InfoTrac Purchase Agreement and any updates made thereto; (b) the "Software" consisting of the search and retrieval software and
any other software produced and owned by Gale Group and any enhancements made thereto; and (c) the "Manuals" produced by
Gale Group and consisting of user documentation relating to the Product. Gale Group reserves the right to edit, enhance, or modify
the content included in our products from time to time.
2.0 License Grant
2.1
Gale Group hereby grants to Subscriber a non-transferable, non-exclusive license to use the Product according to the terms and
conditions of this Agreement. Subscriber will use the Product only for internal noncommercial purposes, will not use the Product as a
component of, or a basis for, a directory, database, or other publication prepared for sale or for any other form of distribution, and will
neither duplicate nor alter the Product in any way. This is a multi-user license and will entitle the Subscriber to utilize the
Database(s), provided, however, that the use of the Product will be limited to the authorized user base of the institution(s) licensing
the Product through this Agreement.
2.2
No provision of the Agreement conveys any ownership interest in the Product. Title, as well as all applicable copyrights, patents,
trade secrets and other intellectual proprietary rights of and to the Software and Database(s) is, and remains the property of Gale
Group and "Third Party Data Suppliers," as defined below, respectively.
2.3
The Software and Manuals are provided with RESTRICTED RIGHTS. The use, duplication or disclosure by the federal government
and its agents is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFAR 252.227-7013 or subparagraphs (c) (1) and (2) of the Cormnercial Computer Software Restricted Rights at 48CFR
52.227-19 or 52.227-14, as applicable. Manufacturer is Gale Group, 27500 Drake Road, Farmington Hills, MI, 48331.
3.0 Proprietary Rights in the Database(s).
3.1
Subscriber acknowledges that the Database(s) are proprietary to Gale Group and the Third Party Data Suppliers who have licensed
their Database(s) to Gale Group and that Subscriber shall have no rights in the Database(s) other than as set forth in this Agreement.
No right to use the Database(s) is conveyed to Subscriber except the right to use it for performing research, including training therein.
Subscriber may view the Database(s) on its terminal or may print limited excerpts of the data by printer (and may make limited copies
of such printout) solely for purposes expressly permitted by this license. In no event may the Database(s) be uploaded, downloaded,
transmitted for sale or conveyance, or distributed in any way by Subscriber except as expressly permitted by this license.
4.0 UseRestrictions.
4.1
The Database(s) shall only be used by the faculty, staff, students, patrons and employees of Subscriber ("Authorized Users").
Information contained in the Database(s) (or portions thereof) may not be duplicated or disseminated in hardcopy or machine
readable form without the prior written consent of Gale Group, except that each authorized user may print or download electronically
a single copy of excerpts of records contained in the Database(s) for nonprofit educational purposes or for use only by such
Authorized Users to support his or her personal research needs. Under no circumstances may printed or electronically stored copies
permitted under this Section be offered for resale or redistribution.
4.2
The Database(s) may not be copied in any machine-readable form, whether it is optical disc, magnetic disc, magnetic tape, or any
other form currently existing or developed in the future. Subscriber may not modify, merge, or include any portion of the Product
with or into any other dam or software. Subscriber may not prepare publications from the Database(s) for distribution except as such
rights are granted directly to Subscriber by Gale Group or the Third Party Data Suppliers.
4.3
4.4
Third Party Data Suppliers may provide additional terms and conditions affecting the Subscriber's use of the Database(s) which will
be appended to this Agreement or supplied in writing separately to Subscriber. Such terms and conditions will prevail and ~ ]
use of the relevant Database(s)over any conflicting terms contained herein. Subscriber agrees that this Agreement, to the exYenTi[
pertains to the Database(s) contained in the Product, may be enforced by the Third Party Data Supplier.
Some material in the Database(s) is from copyrighted publications of the respective copyright claimants. Subscriber is referred to the
publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all
of which are hereby incorporated by reference.
1999
5.0
6.0
6.1
6.2
7.0
8.0
9.0
10.0
11.0
12.0
13.0
Subscriber's Obligations.
Subscriber agrees to the following:
(a) to take all necessary action to restrict and control the use, copying, protection and security of the Product among subscriber's
Authorized Users and prevent access except to those permitted to have access by the terms of this Agreement;
(b) Subscriber may not permit dial-in access to the Database(s) to an authorized user unless such authorized user is issued a security
password by Subscriber that controls access to the Database(s), or provide other means of verifying access to Authorized Users as
defined in Addendum B.
Warranties
THE DATABASE(S) AND SOFFWARE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. FURTHER,
NEITHER GALE GROUP NOR THE THIRD PARTY DATA SUPPLIERS WARRANTS, GUARANTEES OR MAKES ANY
REPRESENTATIONS THAT SUBSCRIBER'S USE OF THE DATABASE(S) OR SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THE RESULTS OBTAINED WILL BE SUCCESSFUL OR WILL SATISFY SUBSCRIBER'S
REQUIREMENTS. GALE GROUP AND THE THIRD PARTY DATA SUPPLIERS MAKE NO REPRESENTATION OR
WARRANTY WHATSOEVER, EITHER EXPRESSED OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE
SOFFWARE OR THE RESULTS TO BE OBTA1NED FROM USING THE INFORMATION CONTAINED IN THE
DATABASE(S) OR THE RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO ITS QUALITY,
PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SOFTWARE OR
DATABASE(S) OR ANY INFORMATION CONTAINED IN SUCH DATABASE(S). THE ENTIRE RISK TO THE RESULTS
AND PERFORMANCE OFTHE DATABASE(S) AND SOFTWARE IS ASSUMED BY THE SUBSCRIBER AND THE FEE DUE
UNDER THIS AGREEMENT REFLECTS SUCH ASSUMPTION OF RISK BY SUBSCRIBER.
IN NO EVENT SHALL GALE GROUP OR ANY THIRD PARTY DATA SUPPLIER BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OFTHE USE OF OR INABILITY TO USE THE
DATABASE(S) OR SOFTWARE OR FOR THE LOSS OR DAMAGE OF ANY NATURE CAUSED TO ANY PERSON AS A
RESULT OFTHE USE OF THE DATABASE(S) OR SOFTWARE. IN NO EVENT SHALL GALE GROUP'S OR THIRD PARTY
DATA SUPPLIER'S LIABILITY UNDER THlS AGREEMENT EXCEED THE ANNUAL SUBSCRIPTION FEE RECEIVED BY
GALE GROUP FROM SUBSCRIBER.
Indemnification. Excluding claims arising out of or relating to the violation by Gale Group or the Third Party Data Suppliers of any
third party copyright, or other property rights, the Subscriber agrees to indemnify Gale Group and the Third Party Data Suppliers and
hold them harmless from and against any unauthorized use of the software or Database(s).
(a) The term of this Agreement shall be for the twelve (12) month period per Start/End Date defined in Addendum A. If not earlier
canceled pursuant to Section 8 (b) hereof, the Agreement shall be renewed automatically for successive periods of one (1) year, unless
either party provides written notice of its intention not to renew not less than sixty (60) days prior to the end of the then current term.
(b) Gale Group may at any time (without prejudice to its other rights or remedies) terminate this Agreement in whole or in part or
suspend the provision of some or all of the Database(s): (i) with respect to the delivery of any pan of Database from any third party (a
"Source"), upon request of such Source or immediately upon termination of Gale Group's agreement with such Source; (ii) upon
thirty (30) days prior written notice to Subscriber in the event of the breach of this Agreement by Subscriber, unless Subscriber cures
such breach within such thirty (30) day period.
Pa}nnent. As full consideration for Gale Group's performance of its obligations under this Agreement, Subscriber shall pay to Gale
Group the subscription fee specified in the Purchase Agreement and any applicable sales, use, excise, or similar taxes. The fee is due
within thirty (30) days after invoice date.
Termination of License. Upon termination of the Agreement by Gale Group or Subscriber for any reason, Subscriber shall within
thirty (30) days, unless otherwise agreed to in writing by Gale Group, return to Gale Group, at the Subscriber's expense, the Product
and all copies thereof. Sections 3, 6 and 7 of this Agreement shall survive any expiration or termination of this Agreement.
Prohibition of Assignment. Neither this Agreement nor the license contained herein may be sub-licensed, assigned or transferred by
the Subscriber in any manner whatsoever.
Force Majeure. Gale Group will not be responsible for delay or failure to perform due to unforeseen circumstances or circumstances
beyond Gale Group's control, including, without limitations, war, strikes, civil disturbances and Acts of God.
Notices. All notices, consents or other communications referred to herein will be in writing and will be sent to the other party by
First Class Mail at the appropriate addresses indicated by the parties. Service of such notice, consent or other communication
hereunder will be effective on the fifth day after the day of mailing.
14.0 Security Audit. The Subscriber hereby grants Gale Group the right to audit, during regular business hours, use of the Database(s) to
ensure compliance with this Agreement, including, without limitation, the number of simultaneous users permittecl~ei tl~ 1999
Database(s).
15.0 Enforceability. The Third Party Data Suppliers retain their respective rights to enforce its trademarks, copyrights, patents, trade
secrets and other rights against any violation thereof.
16.0 Governing Law. This Agreement shall be governed by the laws of the Stale of Michigan, without regard to that body of law
pertaining to conflict of laws.
This document must be signed and returned to Gale Group within 45 days of installation. I understand that by reading this I am bound by
the terms and conditions herein.
Signature)
(Institution)
BOARD OF COUNTY C(~ISSIONERS
~rov~as to fo~ and l~al
Assistant Eountv Attorne~
Attest as to Chairman'S
signature
ADDENDUM A
UNLIMITED or
DATABASE TITLE START ! END DATE # CONCURRE~ USERS PRICE
Lrr~RATURE RESOURCE CENTER 12/01/99 to 3 $12000.00
12/31/2000
TWAYNE'S AUTHORS SERIES 12/01 /99 to 3 $1672.00
integrated to LRC 12/31 / 2000
SCRIBNER WRITERS integrated to 12/01/99 to 3 $557.00
LRC 12/31/2000
Biography Resource Center 12/01/99 to 3 $6349.00
12/31/2000
MARQUIS VCHO'S WHO 12/01/99 to 3 $2284.00
12/31/2000
Total Amount: $22,862.00
ADOENOUMB OF.~, 1 ~ 1999
AUTHORIZED LIST OF PARTICIPATING MEMBER LIBRARIES. WITH STREET ADDRESS AND IP ADDRESS
Ship To account #: 141416
Ship To Co/lnst Name: Collier County Public Library
ATFN Name: Marilyn Matthes
Address: 650 Central Ave
City: Naples
State: FL
Country:United States
Zip: 34102
December 14, 1999
Item #16C2
BID 99-3001 DIGITAL PHOTO ARCHIVAL SYSTEM AWARDED TO DIGITAL
TECHNOLOGIES GROUP IN THE AMOUNT OF $59,955.00 FOR THE COLLIER COUNTY
MUSEUM.
Item #16C3
RESOLUTION 99-459 AUTHORIZING UTILIZATION OF A PORTION OF VETERANS
COM/4UNITY PARK FOR A PARK OPEN TO DOGS.
Page 201
RESOLUTION No. 99 - 4 5 9
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ADOPED PURSUANT TO CHAPTER
89-449, LAWS OF FLORIDA, AS AMENDED, TO AUTHORIZE THE
PRESENCE OF DOGS WITHIN DESIGNATED PARK AREAS IN
VETERANS PARK FOR SPECIFIC, LIMITED PURPOSES.
WHEREAS, on October 26th, 1974, the Board of County Commissioners adopted
Collier County Ordinance No. 76-48, which contains the County's Park Rule and
Regulations; and
WHEREAS, on January 27, 1981, the Board amended Ordinance No. 76-48 by
enactment of Ordinance No. 81-3; and
WHEREAS, on January 23, 1990, the Board further amended Ordinance No. 76-
48 by enactment of Ordinance No. 90-9; and
WHEREAS, Chapter 89-449, Laws of Florida, has this year been amended by the
Florida Legislature to authorize the Board of County Commissioners, by Resolution, to
amend the Parks' Rules and Regulations in many respects, including allowing additional
presence of dogs in one, some or all of the County's Parks; and
WHEREAS, dogs are presently allowed in Collier County Parks only during dog
related special events, Park Ranger patrols, as mandated by "The Americans' with
Disabilities Act," and law enforcement activities; and
WHEREAS, as specified on the attached proposed amendment to the Rules and
Regulations for Collier County Parks, Staff is recommending to the Board that the
County establish a designated geographic area within Veterans Park for specified
additional activities related to domesticated dogs under control of an owner, guardian, or
handler; and
WHEREAS, the Board of County Commissioners accepts Staff's
recommendations to amend the Rules as specified regarding Veterans Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS: that the Rule Amendments attached hereto as Exhibit "A" are
hereby adopted effective immediately, which amendments supercede any other Rules or
Regulations to the extent of conflict with these amendments.
This Resolution adopted after motion, second and majority vote favoring same.
::' '~ DWIGHT E. BROCK, CLERK
',.. , ~,.,t.~-, .~. ..
Attest as to Chat~'8
sJ~ature
Approved as to fo~ ~d legal
Sufficiency:
Thomas Palmer
Assist~t Co~ty A~omey
~tcp/reff99/dogs in parks
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:~oman
EXB2BIT A
DEC 1
SECTION 3, Subsection 2
C. Additional Dog Related Activities Allowed at Veterans Park
· Notwithstandin~ 'anything in these Rules to the contrarg, whenever Veterans Park is
open to the general public, domesticated dogs under effective control of their
caretaker (by leash or oral command) are hereby allowed as follows:
1. The allowable dog related activities are dog walking, rul~ning, and Frisbee/ball
throwSng and catching.
2. The authorized geographic area w/thin Veterans Park is described as follows:
"the overflow parking area and natural area south of the Community Center.
1999
SOFTI~ALL! ~TTL~[ LEAC. UE
: VETERANS COMMUNIT-Y 'PARK
· '~"l' --A , c
OVERFLOW
PARKING
APPROPRIATE DOG AREA.
/
STONEBRIDGE GOLF .COURSE
December 14, 1999
Item #16C4
WORK ORDER #PR-GB-9918 TO A. GAIL BOORMAN & ASSOCIATES FOR
PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES AT SUDDEN PARK IN THE
AMOUNT OF $28,400.00.
Document not received in Clerk's Office as of February 1, 2000.
Page 202
December 14, 1999
Item #16C5
WORK ORDER #VL-00-2 TO VICTOR J. LATAVISH, AiA ARCHITECT FOR
PROFESSIONAL SERVICES AT TIGERTAIL BEACH IN THE AMOUNT OF $53,700.00.
Document not received in Clerk's Office as of February 1, 2000.
Page 203
December 14, 1999
Item #16C6
BID 99-3000 AWARDED TO SPOHN RANCH, INC. FOR ,'NEW INSTALLATION &
REFURBISHMENT AT EAST NAPLES SKATE PARK,, IN THE AMOUNT OF $50,850.76.
Item ~16C7
WORK ORDER #ABB-FT-00-01 TO AGNOLI, BARBER & BRUNDAGE, INC. FOR
PROFESSIONAL ENGINEERING SERVICES AT MAX HASSE PARK IN THE AMOUNT OF
$48,245.
Document not received in Clerk,s Office as of February 1, 2000.
Page 204
December 14, 1999
Item #16C8
WORK ORDER #BSW-00-1 TO BARANY SCHMITT SUMMERS & WEAVER, INC. FOR
PROFESSIONAL ARCHITECTURAL SERVICES AT MAX HASSE PARK IN THE AMOUNT OF
$83,685.
Item #16D1
RFP #99-2948 AWARDED TO PENN CREDIT CORPORATION AND PROFESSIONAL
ADJUSTMENT CORPORATION FOR COLLECTION OF PAST DUE COLLIER COUNTY
SERVICE AND FEE ACCOUNTS.
Item #16D2
BID 99-2979 AWARDED TO TUFF PUBLICATIONS, INC. FOR THE ADVERTISING OF
DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES IN AN ESTIMATED
AMOUNT AS DESCRIBED IN THE EXECUTIVE'SUMMARY.
Item #16D3
QUIT CLAIM COLLIER COUNTY,S INTEREST (IF ANY) IN LANDS SOUTH OF PINE
RIDGE ROAD RIGHT-OF-WAY.
Page 205
F':':". iO: 37S~27160009
DEC 1 1999
Prepared' by:
Robert N. Zachary,
Office of the County Attorney?
3301 East Tamlami Trail
Naples, Florida 34112
{941) 77.4-8400
QUITCLAIM DEED
THIS QUITCLAIM DEED executed this/~;~lay of ~, 19,)~, by
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, (hereinafter called the Grantor), to KENNETH VAUGHN AND MARTHA
VAUGHN, whose post-office address is 1392 Frank Whitman Boulevard, Naples,
Florida 34103 (hereinafter called the Grantee):
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release, and quitclaim unto the said Grantee
forever, all the right, title, interest, claim and demand which the said Grantor has in and
to the following described lot, piece or parcel of land situate, lying and being in Collier
County, Florida, to wit:
The West Half (1/2) of Tract No. 76, Golden Gate Estates, Unit No. 26,
according to the Plat thereof, recorded in Plat Book 7, Pages 15 and 16,
of the Public Records of Collier County, Florida, less the North 75 feet
thereof.
Subject to easements, restrictions, and reservations of record.
TO HAVE AND TO HOLD the same together with all appurtenances thereunto
belonging or in anywise appertaining, and all the estate, dght, title, interest, lien, equity
and claim whatsoever of the said Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the day and year first above written.
: ;" -' DWIGHt: E!:. BROCK Cie
r~'
: .: . ; ,
%'~ ':,.',.. · ,;..- ,- ,:': ·
"';',';,,,E~'~,~?' ',~/¢,,~///4,/, b~puty Clerk
Attest as to Chaf~A'l
signature
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Ki~ Chairwoman
/-
THIS INSTRUMENT PREPARED WITHOUT BENEFIT OF OPINION OF TITLE.
December 14, 1999
Item #16D4
STAFF TO PROVIDE WRITTEN NOTICE TO APPROPRIATE LANDLORDS IN ORDER TO
CONTINUE LEASING OFFICE SPACE FOR THE TEMPORARY RELOCATION OF THE
OCCUPANTS OF BUILDING CA".
Item #16D5
RFP 99-2999 AWARDED TO ARTHUR ANDERSEN, LLP IN AN AMOUNT NOT TO EXCEED
$84,000 TO CONDUCT PAY AND CLASSIFICATION STUDIES.
Item #16D6
RESOLUTION 99-460 RATIFYING EXPENDITURES FOR PRINTED OR EMBROIDERED
COUNTY SHIRTS AND HATS AS SERVING A VALID PUBLIC PURPOSE.
Page 206
RESOLUTION NO. 99- 4 6 0
A RESOLUTION RATIFYING AND APPROVING THE EXPENDITURE OF
COUNTY FUNDS FOR CLOTHING THAT IS PRINTED OR EMBROIDERED
WITH THE COUNTY LOGO AND/OR DIVISION OR DEPARTMENT NAME
FOR COUNTY EMPLOYEES AND THAT SAID EXPENDTIURES ARE
AUTHORIZED AS SERVING A VALID PUBLIC PURPOSE.
WHEREAS, the Board of County Commissioners is desirous of creating, within Collier County
government, a more productive and efficient working environment; and
WHEREAS, County employees wearing clothing that is embroidered or printed with the County
logo and/or Division or Department name are easily recognized by the public and customers; and
WHEREAS, County employees wearing clothing with the County logo and/or Division or
Department name create a team-like atmosphere which enhances employee morale; and
WHEREAS, Collier County Ordinance No. 87-5 allows for expenditures for County funds to
enhance County employee productivity, and recognizes that the promotion and engendering of good will
toward the County is an important factor affecting the pride of County employees in their work, provided
that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the
specific purposes of the expenditures.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
Expenditures for clothing that is embroidered or printed with the County logo and/or Division or
Department name for County employees are hereby found by the Board to serve the valid public purposes
of increasing employee productivity, increasing responsiveness to the needs and requests of the citizens and
residents of the county, and promoting and engendering goodwill toward County government. The Board
hereby authorizes disbursement of moneys to pay for said expenditures.
, :. · ":.~"Tllis Resolution adopted after motion, second and majority vote favoring same.
~"., i.' ...... .~'. ~.:.
i. ,ii' 1 1999
, ATTESTi
DWIGHT E. BROCK, Clerk
signature only
Attest ~ to Chatrm~a'$
signature, o~'~'i$.
BOARD OF COUNTY COMMISSIONERS/
BY: ~/M~EL~
BEC 1999
OEC 1 ~ 1999
Approved as to form
and legal sufficiency:
County Attorney
December 14, 1999
Item #16D7
A DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT FOR RIGHT-OF-WAY
DEDICATIONS MADE ON IMMOKALEE ROAD AND CR-951.
Page 207
CLRRK TO THR BOARD
I~?~OF~I~B 4TH FLOOR
2572081 OR: 2623 PG: 3113
RICORDBD in the OFFICIAL RBCORD.q of COLLIRR COUNTY, FL
12/22/1999 at 10:40AH D#IGHT R. BROCK, CLBRK
RBC FBI
COPIBB
~7.50
8.00
DEC 1 ** 1999
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGRF. EMENT
THIS AGREEMENT is made and entered into this /~//~Z, day of ~,
1999, by and between PEBBLEBROOKE PLAZA LIMITED PARTNERSHIP, a Florida
limited partnership (hereinafter referred to as "Developer") whose mailing address is cio
Welsh Companies, S.E., Inc., 2400 9"~ Street North, Suite 101, Naples, Florida, 34103,
and COLLIER COUNTY, FLORIDA, a political subdivision of the state of Flodda
(hereinafter referred to as "County") whose mailing address is 3301 Tamiami Trail East,
Naples, Flodda 34112.
RECITALS
WHEREAS, the Immokalee Road four-laning project from Interstate 1-75 to County
Road CR-951 (CIE Project No. 008) required the acquisition of additional right-of-way
from properties abutting the existing south right-of-way line; and
WHEREAS, Collier County Ordinance No. 96-03, creating the Richland PUD,
required the conveyance of 50 feet of right-of-way along Immokalee Road (CR-846) in
return for road impact fee credits in an amount equal to the market value of the right-of-
way being conveyed; and
WHEREAS, said 50 feet of right-of-way along Immokalee Road was dedicated to
County and accepted by Collier County, upon the recording with the Clerk of Court, of the
plat of Pebblebrooke Lakes, in Plat Book 30, Page 4, of the public records of Collier
County, Florida (hereinafter referred to as the "Contribution"); and
WHEREAS, Developer was record title holder to the commercial portion of the
Richland PUD at the time of the platting of Pebblebrooke Lakes; and
WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended,
provides for the issue of road impact fee credits to developers by County, in return for
contributions to the County's transportation network; and
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.)
2623 PG: 3114
DEC1 11999
Page 2
WHEREAS, County Road Impact Fee Ordinance No. 92-22, as amended,
provides that the value of the Contribution shall be based upon an appraisal of fair market
value; and
WHEREAS, the County has caused the fair market value of the Contribution to be
appraised; and
WHEREAS, both Developer and County agree that the market value of the right-
of-way dedicated along Immokalee Road, located within the commercial portion of the
Richland PUD, as dedved from an analysis of comparable sales of similar properties,
between unrelated parties in a bargaining transaction, is $196,$54; and
WHEREAS, Developer accepts the appraised value of the Contribution; and
WHEREAS, both parties to this Agreement acknowledge that the Road Impact
Fee Credits established under this Agreement shall run with the Property, and shall be
reduced by the amount of the Road Impact Fee due for each building permit issued
thereon, until all such Credit has been exhausted, or until all development upon the
Property has been completed; and
WHEREAS, both parties to this Agreement acknowledge that Road Impact Fee
Credits shall be a credit only against Road Impact Fees, and that such Credits shall not
offset, diminish or reduce any other charges, fees or other impact fees for which the
Developer is responsible in connection with the development of the Property; and
WHEREAS, the Contribution is in conformity with contemplated improvements and
additions to the transportation network; and
WHEREAS, the Road Impact Fee Credits issued pursuant to the terms of this
Agreement, viewed in conjunction with other existing or proposed plans, will not adversely
impact the cash flow or liquidity of any Road Impact Fee Trust Account in such a way as
to frustrate or interfere with other planned or ongoing, growth-necessitated capital
improvement and additions to the transportation network; and
OR: 2623 PG: 3115
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.)
DEC 1 1999
Page 3
WHEREAS, such proposed plan, viewed in conjunction with other existing or
proposed plans, will not create a detrimental imbalance between the arterial and collector
roadways; and
WHEREAS, the proposed plan is consistent with the public interest; and
WHEREAS, in accordance with the intersection improvements at County Road
CR-951, which were part of County's plans for the four-laning of Immokalee Road from
Interstate 1-75 to County Road CR-951, Developer also dedicated 60 feet of right-of-way
along County Road CR-951 at the time of the platting of Pebblebrooke Lakes; and
WHEREAS, both Developer and County agree that the market value of the right-
of-way dedicated along County Road CR-951, located within the commercial portion of
the Richland PUD, is $187,596; and
WHEREAS, County has agreed to compensate Developer by County Warrant in
an amount equal to the market value of the right-of-way dedication along County Road
CR-951 located within the commercial portion of the Richland PUD; and
WHEREAS, both parties to this Agreement acknowledge that the failure of this
Agreement to address any permit, condition, term or restriction shall not relieve either
party, or their successors, of the necessity of complying with any law, ordinance, rule or
regulation governing said permitting requirements, conditions, terms or restrictions; and
WHEREAS, both parties to this Agreement acknowledge that the burdens and
benefits of this Agreement shall be binding upon and shall inure to the successors in
interest to the parties to this Agreement; and
WHEREAS, both parties to this Agreement acknowledge that this Agreement is
not to be construed as a development agreement under the Flodda Local Government
Development Agreement Act.
OR: 2623 P6:3116
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Cont'4.)
DEC ! 1999
Page 4
WITNESSETH
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and ether good and
valuable consideration exchanged between the parties, the receipt and sufficiency of
which is mutually acknowledged, and in consideration of the covenants centained herein,
the parties agree as follows:
1. The above recitals are true and correct, and are herewith incorporated as a part of
this Agreement.
2. In exchange for the Contribution, the Developer shall be entitled to a Road Impact
Fee Credit in an amount not to exceed ONE HUNDRED NINETY SIX
THOUSAND, FIVE HUNDRED FITY FOUR ($196,554.00) DOLLARS. This credit
shall be available immediately upon the approval of this Agreement by the Board
of County Commissioners of Collier County, Florida.
3. County shall apply portions of the Road Impact Fee Credit toward the Road Impact
Fees which the Developer is required to pay for each building permit which is
applied for on the Property, reducing the balance of the Road Impact Fee Credit by
the same amount due for each building permit so issued.
4. County shall provide Developer with a certified copy of this Agreement, including
all exhibits attached hereto, such that Developer's certified copy of Exhibit "A"
(Road Impact Fee Credit Ledger), shall serve as the ledger sheet to document
Developer's balance of Road Impact Fee Credits.
5. With each building permit issued on the Property, the County shall subtract from
the Road Impact Fee Credit balance the amount of Road Impact Fees appropriate
to that particular permit and shall enter the new balance in the ledger column
labelled Impact Fee Credit Balance. Next to this new credit balance, both the
OR: 2623 PG: 3117
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Contd.)
DEC! 1999
Page 5
10.
County Official issuing the building permit and the Developer's Representative
applying for the building permit shall print and sign their names.
Upon written application made unto the County by the Developer, County shall,
within sixty (60) days, refund to the Developer the Impact Fee Credit Balance
pursuant to this Agreement. Said written application shall include a certification
made by the Developer that all development subject to the payment of Road
Impact Fees has been completed on the Property. The refund by County shall be
disbursed as agreed between Developer and County based upon the Liquidity of
Road Impact Fee Distdct #1 and provided it does not adversely affect the cash
flow of said Road Impact Fee District account; provided, however, notwithstanding
the foregoing, the refund shall be paid to Developer no later than five years from
the date Developer's application.
County shall pay Developer ONE HUNDRED EIGHTY SEVEN THOUSAND FIVE
HUNDRED NINETY SlX ($187, 596) DOLLARS by County Warrant within sixty
(60) days of execution of this Agreement by both parties.
County shall record this Agreement in the public records of Collier County, Flodda,
within 14 days of its execution by the Chairman of the Board of County
Commissioners.
Developer acknowledges that the Contribution contemplated under this Agreement
shall be construed and characterized as property dghts acquired by a highway or
road agency for a road within the boundaries of a right-of-way.
Either party to this Agreement may file an action for injunctive relief in the Circuit
Court of Collier County, Flodda, to enforce the terms and conditions of this
Agreement, said remedy being cumulative with any and all other remedies
available to the parties for enforcement of the Agreement.
OR: 2623 PG: 31lB
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.)
DEC 1 zt 1999
Page 6
11.
12.
13.
This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all such counterparts together shall constitute but one Agreement.
This Agreement may be amended or cancelled only by the mutual consent of the
parties to the Agreement, or by their successors in interest.
This written Agreement, including all exhibits attached hereto, shall constitute the
entire agreement and understanding of the parties, and there are no pdor or
contemporaneous wdtten or oral agreements, understandings, promises,
warranties or covenants not contained herein.
14.
This Agreement is governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly
authorized representatives.
AS TO COUNTY:
DEC 1 ti 1999
,,,~ DATED:
-" ."
-' ':' DWIGHT E~:BROCK
= ~ . , . , CLERK
: .~: ;, '. .~., , .
- . . , . .;.--; : ·
"".., ',.:iK~- .?~'~'~'~, ~)eputy Clerk
test'"a~ to Chal~'s
s~gnatuce only.
BOARD OF COUNTY COMMISSIONERS
BY'~/r~e, a L~. j a c, Kie, Cha;rwo~an/~U~'
2623 3119
DEVELOPER CONTRIBUTION AND REIMBURSEMENT AGREEMENT (Confd.)
DE(:: 1 1999
Page 7
AS TO DEVELOPER:
(Print Full Name)
(Signature)
(Print Full Name)
Pebblebrooke Plaza Limited Partnership,
a Florida limited partnership
By:
By:
Pebblebrooke Development, Inc.
a Florida ~orporation,
!
George Vuko-'Bl'dtov~ch, President
STATE OF:
COUNTY OF:
The foregoing Developer Contribution and Reimbursement Agreement was executed
before me this //~ '~ day of ~~~J, 1999 by George Vukobratovich, as
President of Pebblebrook Development, Inc., General Partner for Pebblebrooke Plaza
Limited Partnership, a Flodda limited partnership, who:
c.--'"'is personally known by me
OR
who has produced
Affix notadal seal
as proof of identity.
Print Name of Notary Public
Commission No:
My Commission expires: ,~:,~/,,2,
Approved as to form and
legal sufficiency.',
Heidi F. Ashton
Assistant County Attorney
OR: 2623 PG: 3120
DEC 1 ~ 1999
EXHIBIT "A" DEVELOPER'S ROAD IMPACT FEE CREDIT LEDGER
IMPORTANT: This Road Impact Fee Credit Ledger is intended to
document the balance of Road Impact Fee Credits applying ONLY
to that certain property described in the Warranty Deed recorded in
OR Book 2397, Page 2190, of the public records of Collier County,
Florida, on March 12, 1998, and re-recorded in OR Book 2426, Page
2302 on September 4, 1998.
BEGINNING BALANCE ......................... $196, 554
DATE PERMIT NO. ROAD IMPACT FEE COUNTY OFFICIAL DEVELOPER
IMPACT CREDIT REPRESENTATIVE
FEES DUE BALANCE
(SIGNATURE) (SIGNATURE)
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
December 14, 1999
Item #16D8
LEASE AGREEMENT WITH HORSESHOE SQUARE DEVELOPMENT, L.C. IN ORDER TO
RELOCATE THE DEPARTMENT OF REVENUE AND THE TRANSPORTATION SERVICES
DEPARTMENT.
Page 208
Lease #862
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into thiso,,D"~ day of ~,~t~[,.~ 4 ,2000,
between Horseshoe Development, L.C., c/o Pelconeepts, Inc., whose mailing address is 17~h Avenue
South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property
described as 2705 Horseshoe Square, Building 2, Naples Florida, totaling 9,569 square feet, hereinafter
referred to as the "Demised Premises", for the sole purpose of operating a government office.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on
March 15, 2000 and ending March 14, 2005, hereinafter referred to as the "Initial Term".
If the Demised Premises is not ready for occupancy by March 15, 2000, the commencement date
of the Lease shall be ten (10) days from the date of issuance of the Certificate of Occupancy for the
Demised Premises. The rent shall then be paid based on the actual occupancy date if the Demised
Premises is not received by March 15, 2000.
If the Demised Premises is not complete and ready for occupancy by LESSEE within ten (10)
weeks after the issuance of the building permit, LESSEE has the right to terminate this Lease by
providing the LESSOR with written notice at the address set forth in Article 14 of this Lease. Said notice
shall be effective upon placement of the written notice in an official depository of the United States Post
Office, Registered or Certified Mail, postage prepaid.
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same annually following the Initial Term, for a total of five (5) additional years, under the terms
and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the
LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said
notice period shall commence upon placement of the written notice in an official depository of the United
States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty
(60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of
this Lease. Said notice period shall be effective upon placement of the written notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One
Hundred Twenty-three Thousand Four Hundred Forty Dollars and Ten Cents ($123,440.10) per annum in
equal monthly installments of Ten Thousand Two Hundred Eighty-six Dollars and Sixty-eight Cents
($10,286.68) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security
deposit.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4. Renewal Term Rent
13EC 1 zl 1999
Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent
for each ensuing year thereafter and any renewal terms thereof.
ARTICLE 5. Other Expenses and Charges
In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges
("CAM") to be paid monthly in the amount of One Thousand Five Hundred Fifty-four Dollars and
Ninety-six Cents ($1,554.96). This amount shall include, but is not limited to, real estate taxes, insurance,
outside maintenance, common area lighting, landscaping and common area water and sewer charges
pertaining to the Demised Premises.
If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall
provide LESSEE with written notice of same thirty (30) days after the new calendar year advising of the
new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide
LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in
CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the
Demised Premises.
LESSEE shall be responsible for the payment of all janitorial services and utility charges
pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air
condition, power and telephone or other communication service used, rendered or supplied thereupon or
in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial
services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the
LESSOR'S bill or invoice.
LESSOR shall be responsible for all costs associated with the operation and maintenance of the
electrical and lighting systems, plumbing system, pest control and air conditioning system and air
conditioning filters at the Defiaised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have sixty (60) days within
which to approve or deny in writing said request for changes, improvements, alterations or additions.
LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an
approval to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised Premises shall at once, when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on or upon the Demised Premises by LESSEE and which are
designated in said notice, and repair any damage occasioned to the Demised Premises by such removal
and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTICLE 7. Access to Demised Premises ~EC 1999
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and
for the purposes of inspection for compliance with the provisions of this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises to any entity other than a County agency, or to permit any other persons to occupy
same without the written consent of LESSOR. Any such assignment or subletting, even with the consent
of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or
from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The
acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of
this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The
LESSOR reserves the right to assign this Lease subject to the term of the Lease.
ARTICLE 9. Insurance
The LESSEE will at all times carry comprehensive general liability insurance to include bodily
injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single
occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE
insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of
the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions
prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written
notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to
LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be
delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance
shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket
policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto.
ARTICLE 10.
Claims Arisine from LESSEE'S Use of Premises
To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR
harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the
conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised
Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless
against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents,
employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such
claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel
reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or
accidents in or about the Demised Premises.
LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising
from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work
done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall
further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or
negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is
brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the
same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE.
ARTICLE 11. Maintenanc~
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR
will cause same to 'be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning
costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30)
days of receipt of written notice of costs incurred by LESSOR.
ARTICLE 12. Default by Lessee DEC 1 1999
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice
to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default). Subject to LESSEE'S good faith effort to correct such default.
ARTICLE 13. Default by Lessor
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Board of County Commissioners
c/o Real Property Mgrnt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Horseshoe Square Development, L.C.
c/o Pelconcepts, Inc.
685 17th Avenue South
Naples, Florida 34102
CC.'
Office of the County Attorney
Transportation Department Director
Water Management Department Director
ARTICLE 15. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as
good condition and repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by
law enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your County Public Health Department.
ARTICLE 1S. ~ 0EC
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 19. ~
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
.... ' i IN.wi .~SS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
, ,. K:'., '.
SEE:
' '":i:DATED:. ~&k. ~.ot~,q BO~ OF CO~Y COMMISSIONERS,
....':' pv~4X~. -'"' -' ' COLLIER CO~TY, FLO~DA
ATTEST:
DWIGHT E. BROCK, Clerk
BY: ~t~,,~. '~.~,_),_
, Deputy Clerk
Attest as to Clmtnmfl's
signature only.
BY:PAM~~
AS TO THE LESSOR:
ATTEST:
,4~'t~t ,~'~/'~ ~:t.~ Secretary
HORSESHOE SQUARE DEVELOPMENT, L.C.
By: Pelconcepts, Inc., its managing member
W.VINCE PELC, President
App~ and legal sufficiency:
Robert Zachary ,,//-
Assistant County Attorney
Lease #861
LEASE AGREEMENT
DEC 1 1999
THIS LEASE AGREEMENT entered into this e,2 day of~,,.] ,~} ,,,/t.~ Ak ~e.~)/ ,2000,
between Horseshoe Development, L.C., c/o Pelconcept-~, I--n-~c., whose mailing address is 685 17th Avenue
South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and
parties agree as follows:
le
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases fi.om LESSOR the property
described as 2685 Horseshoe Square, Unit 103, 104 and 105, Naples Florida, totaling 7,278 square feet,
hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years, commencing on
March 15, 2000 and ending March 14, 2005, hereinafter referred to as the "Initial Term".
If the Demised Premises is not ready for occupancy by March 15, 2000, the commencement date
of the Lease shall be ten (10) days from the date of issuance of the Certificate of Occupancy for the
Demised Premises. The rent shall then be paid based on the actual occupancy date if the Demised
Premises is not received by March 15, 2000.
If the Demised Premises is not complete and ready for occupancy by LESSEE within ten (10)
weeks after the issuance of the building permit, LESSEE has the right to terminate this Lease by
providing the LESSOR with written notice at the address set forth in Article 14 of this Lease. Said notice
shall be effective upon placement of the written notice in an official depository of the United States Post
Office, Registered or Certified Mail, postage prepaid.
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same annually following the Initial Term, for a total of five (5) additional years, under the terms
and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the
LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said
notice period shall commence upon placement of the written notice in an official depository of the United
States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty
(60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 12 of
this Lease. Said notice period shall be effective upon placement of the ,written notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ninety-
three Thousand Eight Hundred Eighty-six Dollars and Twenty Cents ($93,886.20) per annum in equal
monthly installments of Seven Thousand Eight Hundred Twenty-three Dollars and Eighty-five Cents
($7,823.85) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security
deposit.
All rental payments shall be due payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (l/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4. Renewal Term Rent
Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent
for each ensuing year thereafter and any renewal terms thereof.
ARTICLE 5.
Other Expenses and Charges
In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance charges
("CAM") to be paid monthly in the amount of One Thousand One Hundred Eighty-two Dollars and Sixty-
seven Cents ($1,182.67). This amount shall include, but is not limited to, real estate taxes, insurance,
outside maintenance, common area lighting, landscaping and common area water and sewer charges
pertaining to the Demised Premises.
If LESSOR is required to increase the CAM after the first full year of occupancy, LESSOR shall
provide LESSEE with written notice of same thirty (30) days after the new calendar year advising of the
new charges for each year of the Lease and for any renewals thereto. Each year, LESSOR shall provide
LESSEE with detailed accounting of all CAM expenses. It is agreed by both parties that any increase in
CAM shall reflect those actual costs for operating expenses and real estate taxes associated with the
Demised Premises.
LESSEE shall be responsible for the payment of all janitorial services and utility charges
pertaining to the Demised Premises including, but not limited to, charges for electricity, light, heat, air
condition, power and telephone or other communication service used, rendered or supplied thereupon or
in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial
services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the
LESSOR'S bill or invoice.
LESSOR shall be responsible for all costs associated with the operation and maintenance of the
electrical and lighting systems, plumbing system, pest control and air conditioning system and air
conditioning filters at the Demised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR or its designee will then have sixty (60) days within
which to approve or deny in writing said request for changes, improvements, alterations or additions.
LESSOR shall not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an
approval to such request of LESSEE.
LESSEE covenants and agrees in connection with any 'maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County
of Collier, and any and all governmental agencies.
All alterations, improvements, and additions to said Demised Premises shall at once, when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on or upon the Demised Premises by LESSEE and which are
designated in said notice, and repair any damage occasioned to the Demised Premises by such removal
and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTICLE 7. Access to Demised Premises
I £C I 999
LESSOR, its duly authorized agents, representatives and employees, shall have the fight after
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and
for the purposes of inspection for compliance with the provisions of this Lease Agreement.
ARTICLE 8.
Assi?.ment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises to any entity other than a County agency, or to permit any other persons to occupy
same without the written consent of LESSOR. Any such assignment or subletting, even with the consent
of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or
from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The
acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of
this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. The
LESSOR reserves the fight to assign this Lease subject to the term of the Lease.
ARTICLE 9. Insurance
The LESSEE will at all times carry comprehensive general liability insurance to include bodily
injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single
occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE
insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of
the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions
prohibiting the modification or cancellation of' insurance without at least thirty (30) days prior written
notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to
LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be
delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance
shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket
policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto.
ARTICLE 10. Claims Arising from LESSEE'S Use of Premises
To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR
harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the
conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised
Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR harmless
against and from any and all claims arising from any act or negligence of LESSEE, its officers, agents,
employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such
claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel
reasonably satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or
accidents in or about the Demised Premises.
LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising
from LESSOWS use of the Premises, or from the conduct of its business, or from any activity, or work
done, permitted or suffered in or about the Demised Premises, or the Office Building, and LESSOR shall
further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or
negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is
brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the
same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE.
ARTICLE 11. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in
writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR
will cause same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning
costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30)
days of receipt of written notice of costs incurred by LESSOR.
ARTICLE 12. Default by Lessee [~[C I ~ 1999
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at LESSOR'S option, terminate this Lease after Sixty (60) days written notice
to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default). Subject to LESSEE'S good faith effort to correct such default.
ARTICLE 13. Default by Lessor
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Horseshoe Square Development, L.C.
c/o Pelconcepts, Inc.
685 17th Avenue South
Naples, Florida 34102
CCi
Office of the County Attorney
Department of Revenue Director
ARTICLE 15. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as
good condition and repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 16. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by
law enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your County Public Health Department.
ARTICLE 18. ~ DEC ! ~. '1999
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 19. ~
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
'" i°
D~daT.E:"BROCK, Clerk
BY:~,~ ~ ~ ~~
, Deputy Clerk
s~gnature only.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
?A~LA S. ~A~;VaE, Chairw6mar~
AS TO THE LESSOR:
DATED:/_m~~t~a~
ATTEST:
Secretary
HORSESHOE SQUARE DEVELOPMENT, L.C.
By: Pelconcepts, Inc., its m~an~)ging member
W.VINCE PELC, President
_..and le~y:
Robert Zacharyr~
Assistant County Attomey
December 14, 1999
Item #16E1
BUDGET AMENDMENT NOS. 00-067 AND 00-069.
Item #16E2
RESOLUTION 99-461 AUTHORIZING EXPENDITURE OF FUNDS, NOT TO EXCEED
$7,000, FOR A COUNTY HOLIDAY PARTY TO RECOGNIZE PUBLIC SERVICES
PERFORMED BY COLLIER COUNTY EMPLOYEES.
Page 209
RESOLUTION No. 99 - 46].
DEC 1 q 1999
A RESOLUTION APPROVING, AS A VALID PUBLIC PURPOSE,
EXPENDITURE OF COUNTY FUNDS FOR COSTS TO BE
INCURRED AT THE DECEMBER 18, 1999 COLLIER COUNTY
EMPLOYEE HOLIDAY PARTY
WHEREAS, Collier County Ordinance No. 87-5 allows expenditure of
County funds to enhance County employee productivity, promote and generate
good will toward County government in the community, and to encourage
increased employee responsiveness to the needs and requests of the citizens
and residents of the County; and
WHEREAS, Ordinance No. 87-5 requires that the Board of County
Commissioners ("Board") adopt and implement a Resolution setting forth the
purposes of expenditures incurred for the above-listed purposes; and
WHEREAS, the Board, through its staff, is planning a holiday party for
Collier County employees and their families to recognize Collier County
employees' outstanding service to the community; and
WHEREAS, the Board hereby approves the expenditures for the holiday
party and finds that this planned event indeed serves a valid public purpose; and
WHEREAS, the Clerk of Courts has conferred with the County Attorney
regarding need to clarify specific expenditures that the Board may intend to
approve as serving a "valid public purpose" although such expenditures are not
expressly included in any expenditure category listed in Ordinance No. 87-5.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Expenditures not to exceed $7000.00 for the Collier County
employee holiday party (to be held on December 18, 1999) are
hereby found by the Board to serve a valid public purpose and are
approved. The expenditures hereby approved are:
Hall Rental Damage Deposit
Labor (bartenders, servers, utility personnel)
Dinner
Entertainment (DJ)
The Board of County Commissioners hereby authorizes such
disbursement of funds not to exceed $7000.00 to pay for the
above-listed expenditures. All required budget amendments are
hereby authorized.
This RESOLUTION adopted after motion, second and majority vote favoring
passage.
DEC 1 1999
.~*-,~,~'~',~=eT. BOARD OF COUN~ COMMI881OH~
Approved ~s to fo~ and
lega~.~ciency~ i
lhom~s C. ~almer
Assistant County Attorney
December 14, 1999
Item #16F1
COMMISSIONER APPROVAL OF PAYMENT OF $200 TO ATTEND 2000 YMCA COMMUNITY
PRAYER BREAKFAST ON APRIL 13, 2000.
Item #16G1
RESOLUTION 99-462 AND DCA AGREEMENT #99-RM-xx-09-21-01-008 WITH THE
STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS FOR DISASTER RELIEF
Page 210
DEC 1 cq9
RESOLUTION NO. 99 - 462
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, APPROVING THE DISASTER
RELIEF FUNDING AGREEMENT BETWEEN THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER
COUNTY, FLORIDA
WHEREAS, the state of Florida experienced drought conditions and
subsequent wildfires during the winter and spring of 1999; and
WHEREAS, the President of the United States, through the Federal
Emergency Management Agency, has made fimds available for fire
suppression assistance; and
WHEREAS, forty-nine Florida counties, including Collier County, have
been included in an emergency declaration FEMA-3139-EM-FL as a result
of wildfires beginning April 15, 1999 and continuing until June 26, 1999;
and
WHEREAS, Collier County has incurred disaster related costs as the result
of these wildfires;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
that the Disaster Relief Funding Agreement attached as "Exhibit A" is
hereby adopted.
This Resolution adopted after motiog, second, and majority vote in
favor of adoption this /q'X:~ day of ~_Yj-.e.a~,~4~ ,1999.
BOARD OF COUNTY COMMISSIONERS,/,,'
COLLIF~ COUNTY, FLORIDA '/
,,". ,-"',,,. !~. '.... By:
z' ' "l; '"'6"~ ,.'
.'.-: ' - 7""...' <'?"'¥ :
Z .,' '." :'LO';, 5."" "'
'? q"."'.'":?';i :"ATTEST: DWIGHT E. BROCK, CLERK
" ....... BY:
~ (Deputy Clerk)
Attest as to Chatruaa'$
slgaature onl$.
Approved as to form
And Legal Sufficient:y:
Assistant County Attorney
DISASTER RELIEF FUNDING
DCA AGREEMENT No. 99-RM-xx-09-21-01-008
FEMA PROJECT APPLICATION NO. 021-99021-00
DEC1
AGREEMENT
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and, Collier County Board of
Commissioners(Subgrantee). This Agreement is based on the
existence of the following conditions:
Extreme drought and the subsequent fires beginning on April
15, 1999 and continuing until June 26, 1999, have had a
devastating impact upon the State of Florida.
The severity of the damage and losses have resulted in the
declaration of an emergency by the Governor in Executive Orders
Nos. 99-88 and 99-96, as extended by Executive Order No. 99-119.
The President of the United States has declared an emergency
in FEMA-3139-EM-FL for the counties of Alachua, Baker, Bay,
Bradford, Brevard, Broward, Calhoun, Collier, Charlotte,
Columbia, Dade, DeSoto, Franklin, Gadsden, Gilchrist, Glades,
Gulf, Hamilton, Hardee, Hendry, Highlands, Hillsborough, Holmes,
Indian River, Jackson, Jefferson, Lee, Leon, Levy, Liberty,
Manatee, Marion, Martin, Monroe, Okeechobee, Orange, Osceola,
Palm Beach, Pinellas, Polk, Putnam, Sarasota, Seminole, St.
Lucie, Suwannee, Union, Wakulla, Walton and Washington.
The Federal Emergency Management Agency has approved fire
suppression assistance to the Grantee in FEMA-FSA-2251-FL through
FEMA-FSA-2260-FL and FEMA-FSA-2262-FL for certain defined fire
complexes and fires in the same 49 counties.
The Agreement between the State of Florida and the Federal
Emergency Management Agency, governing the use of such funds,
requires the State to share the.costs eligible for federal
assistance.
Chapter 98-46, Fla. Laws, in Specific Appropriation No.
1230, and Chapter 99-226, Fla. Laws, in Specific Appropriation
No. 1122, both provide that Federal disaster assistance matching
requirements shall be shared equally between the State and its
subgrantees.
Sections 252.35, 252.36, 252.37, and 252.38 Florida
Statutes, authorize the relationship described herein; the
parties agree as follows:
1. D~FIHITIOHS: unless otherwise indicated, the following
terms shall be defined as stated herein.
a. "Eligible emergency assistance activities", as used
in this Agreement, means those activities authorized in the FEMA-
State Agreement, as defined herein below; Public Law 93-288, as
amended by Public Law 100-707 (hereinafter the "Stafford Act");
and Title 44 CFR, Part 206, and applicable Federal Emergency
Management Agency or State ~uidance documents.
b. "~EMA-State Agreement" shall mean that agreement
between FEMA and the State of Florida, for the 1999 Wildfires
Emergency and Fire Suppression Declarations, FEMA-3139-EM-FL, and
FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
and all modifications thereto.
c. "~,ergemcy Assistance" shall be defined as that
Page 2
FEMA-3139-EM-FL, FEMA-FSA-225 I-FL On'ough FEMA-FSA-2260-FL and FEMA. FSA-2262-FL
DEC 1 1999
assistance authorized in Title V of the Stafford Act and 44 CFR
206 subpart C.
d. "Project" shall be defined as stated in 44 CFR
206.201(i).
e. "Large Project" and "Small Project" shall be defined
as indicated in 44 CFR 206.203(c).
f. "Permanent Work" shall be defined as in 44 CFR
206.201(g).
g. "~mergency Work" shall be defined as in 44 CFR
206.201(b).
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties
agree to be bound by all terms of the FEMA-State Agreement and
all applicable state and federal statutes, regulations, guidance
and handbooks, including but not limited to those identified in
Attachments A and C, and the pertinent implementing regulations
and guidance.
3. FUNDING and INSURANCE: The Grantee shall provide funds to
the Subgrantee for eligible emergency assistance activities'for
the projects approved by the Grantee and FEMA, specifically
described in the Project Worksheet(s) (PW[s]). Allowable costs
shall be determined in accordance with 44 CFR §206 and 44 CFR
Part 13, and pertinent FEMA guidance documents. Approved PWs
shall be transmitted to the Subgrantee and shall cumulatively
document the specific amount of funding provided, and the
applicable scope(s) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
PaEe 3
FEMA-3139-EM-FL, FEMA. FSA-2251-FL lhrough FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
DEC 1: 1999
revising the total amount of authorized funding. PWs document
the total eligible costs and the total Federal share of 75% for
all eligible emergency work costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Federal share (12~% of total eligible
costs). As a condition of receipt of this funding, and
contingent upon an appropriation by the Florida Legislature where
required, the Subgrantee similarly agrees to provide one-half of
any non-Federal share (12~% of total eligible costs).
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or FEMA, or any auditor, that funds have been provided to
Subgrantee pursuant to this Agreement, or any other disaster
relief funding agreement administere~by~, the Grantee, in excess
of eligible costs.
The final payment of funds will be made only after project
completion, submission of all required documentation, final
inspection, and a request for final reimbursement.
Permanent Work is not eligible for reimbursement under this
Agreement.
4. DUPLICA?IO~ OF B~NEFITS PROhIBITIOn: In accordance with
the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as soon as practicable, of the existence of any insurance
coverage for the damage identified on the PW, and of any
Page 4 FEMA-3139~M-FL. ~MA-FS~2251-FL lhrou~ ~MA-FSA-2260-~ ~d ~MA-FSA-2262-~
-* DEC 1 W99
entitlement or recovery to payments from any other source,'for
the projects described in the PW(s). Eligible costs shall be
reduced by the amount of duplicate sources available. The
Subgrantee shall be liable to the Grantee to the extent that the
Subgrantee receives duplicate benefits from another source for
the same purposes for which the Subgrantee has received payment
from the Grantee. The Subgrantee shall immediately remit to the
Grantee any duplication of benefits payment received by the
Sub~rantee. In the event the Grantee determines a duplication of
benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against any other available funding due the Subgrantee.
The Comptroller is authorized to pay such offset to the Grantee
upon written notice from the Grantee.
5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING
LAWS= The Subgrantee shall be responsible for implementation and
completion of the approved projects described in the PW(s) in a
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,
plans, and policies. Any development authorized by, any
development order issued by, any permit issued by, or any
development activity undertaken by, the Sub~rantee, and any land
use permitted by or engaged in by the Sub~rantee, shall be
consistent with the local comprehensive plan and land development
regulations prepared and adopted pursuant t6 Chapter 163, Part
II, Florida Statutes. Funds shall be expended for, and
Pag~ 5 FEMA-3139-EM-FL, FEMA-FSA-~2151-FL ~hrough FEMA-FSA-2~260-FL and FEMA-FS A-~226~LFL
development activities and land uses authorized for, only'those
uses which are permitted under the comprehensive plan and land
development regulations. The Subgrantee shall be responsible for
ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also
authorized by the pertinent Water Management District, the
Florida Department of Environmental Protection, the Florida
Department of Health, and any Federal, State or local
environmental or land use authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in
Attachments A and C.
Subgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at all construction
or work sites to ensure that the comPlete work conforms with the
approved plans, specifications, and scope of work.
6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee
shall create and maintain acceptable documentation of work
performed and costs incurred with respect to each project
identified in connection with a PW. Failure to create and
maintain proper documentation will result in the disallowance of
funding, and require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all Large projects,
the Subgrantee shall submit: (a) a request kor reimbursement of
actual costs (see Attachment D); (b) a Summary of Documentation
pa§~ 6
FEMA-3139-EM-FL, FEMA. FSA-2251-FL through FEMA. FSA-2260-FL and FEMA-FSA-1262-FL
(See Attachment E) which shall be supported by, but not attached,
all appropriate backup documentation (e.g. invoices, canceled
checks, daily activity reports, payroll records, time sheets,
executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
Listing, that all work and costs claimed are eligible in
accordance with the Grant conditions, that all work claimed has
been completed, and all costs claimed have been paid in full.
The Subgrantee shall also enter the date the work was completed
and the amount claimed for each PW on the Project Listing. The
Grantee will inspect Small Projects on a random basis. The
Grantee will schedule and perform the final inspections on Large
Projects, and review the Project Listing for Small Projects or
inspect the project, to ensure that the work was performed within
the scope of work delineated on the PW(s). Costs of any work not
performed within the approved scope of work shall not be eligible
for funding.
7. COST SHARING: The disaster relief funds for eligible
costs indicated on the PW(s) and described in this Agreement
shall be shared in accordance with t~9 cost sharing provisions
established in the Stafford Act, the. FEMA-State Agreement, and
Chapter 98-46, Laws of Florida, Specific Appropriation 1230 and
Chapter 99-226, Fla. Laws, in Specific Appropriation No. 1122.
PW(s) document the total eligible costs and the total Federal
share of those costs (75% for eligible emergency protective
FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
DEC1 1999
measures). The Grantee agrees to provide one-half of the non-
Federal share (12~% of total eligible costs). As a condition of
receipt of this funding, the Subgrantee similarly agrees to
provide one-half of the non-Federal share (12~% of total eligible
costs). Administrative costs which'ahcording to the schedule are
in addition to and not part of the PW(s) eligible costs, and are
otherwise eligible under 44 CFR 206.228 and involve no required
match, will be funded by FE~A.
8. PAYMENT OF CLAIMS:
a. SMALL PROJECTS: The Grantee shall make payment to
the Subgrantee of the Federal share of the actual eligible costs
as soon as practicable after execution of this Agreement and
receipt from FEMA of the pertinent approved PW(s).
b. LARGE PROJECTS: The payments for Large Projects will
be on a cost reimbursement basis and subject to receipt of the
following: (1) a Request For Advance,.~or Reimbursement Form (See
Attachment D); (2) a Summary of Documentation Form, (See
Attachment E) listing the PW number, identifying the audit ready
documentation that exists to support the payment request,
identifying the dollar amounts of each eligible cost, and
identifying the Subgrantee's own internal reference number
(voucher, warrant, purchase order, etc.); and (3) a letter
providing a brief synopsis of the request, and certifying that
the reported costs were incurred in the performance of eligible
work.
c. ADVANCES: This Subgrantee may, at the discretion of
Page 8 FEMA-3139-EM-FL, FEMA-FSA-2'~S I-FL Lhrough FEMA-FSA-:2260-FL and FEMA-FSA-~2262-FL
DF'C 11999
the Grantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintains the willingness and
ability to maintain procedures to minimize the time elapsing
between the transfer of funds and their disbursement; (2) submits
budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed
use of the funds, and specification of the amount requested; and
(4) submits a completed Request for Advance or Reimbursement
Form. After any advance, and in the event no advance is
provided, all payments shall be on a cost reimbursement basis.
Subgrantees shall promptly, but at least quarterly, remit
interest earned on advances (if any) to the Grantee for remittance
to FEMA.
d. WiT~OLDIN~ OF FUNDS~ The Grantee may, in its sole
discretion, withhold a percentage of funding (up to 12.5% of
total project funding, the full non-federal share paid by the
State) provided under this Agreement in order to protect against
subsequent adverse determinations by FEMA regarding previously.
authorized or disbursed grant funds.
9. FINA~ PA~: The final payment will be made only after
completion of all projects, submission of all required
documentation, receipt and review ofccP.4 Project Listing,
completion of random inspection of Small Projects (as determined
by Grantee), final inspection (Large Projects), and a request for
final reimbursement.
10. RECORDS ~AINT~ANCE: The Subgrantee agrees to maintain
Page 9 FEMA-3139-EM-FL, FEMA-FSA-225 I-FL lhrough FEMA-FSA-2:260-FL and FEMA-FSA-2262-FL
DEC 1 1999
all records pertaining to the projects described in the PW(s) and
the funds received under this Agreement until all issues relating
to the inspection and final audit have been completed, and any
action or resolution of outstanding issues have been completed.
In no event will such records be maintained for a period of less
than three (3) years from the date of the final payment under
this Agreement~ Access to those records must be provided at
reasonable times to the Comptroller General of the United States,
the Grantee, its employees and agents, and to FEMA, its employees
and agents.
ll. RECOVERY OF FUNDS: If the final inspection, audit, or
other review by FEMA, the State, or any other authorized entity
determines that payment made under this Agreement exceeds the
amount of actual eligible costs, the Subgrantee shall, within
forty-five (45) days of receipt of the determination notice,
repay the Grantee the amount determined to be in excess of the
-L.] L;
actual costs. ...
AUDIT:
a. Subgrantees shall submit an Audit of Agreement
Compliance to the Grantee as provided herein. If the Subgrantee
expends $300,000 or more in Federal awards in its fiscal year,
then the Subgrantee shall have an audit conducted. This audit
will be performed by an independent Certified Public Accountant
or other entity independent of the Subgrantee in accordance with
the standards of the Comptroller General as specified in the
General Accountin9 Office Standards for Audit of Governmental
Page l 0 ~MA-3 ] 39~M-FL, ~MA-FSA-22~ l-~ ~ou~ ~A-F$~2260-FL ~d ~MA-FSA-2262-~
IEC 1 1999
Organizations, Programs, Activities and Functions, and 9enerally
accepted auditing standards established by the American Institute
of Certified Public Accountants. The agreement number of this
grant must be identified with the audit submitted. Such audit
shall also comply with the requirements of Sections 11.45,
216.349, and 216.3491, Florida Statutes and Chapter 10.550 and
10.600, Rules of the Auditor General, and, to the extent
applicable, the Single Audit Act of 1984, as amended, 31 USC 7501
through 7507, and OMB Circular A-133, as revised June 24, 1997,
or thereafter. If the Subgrantee is a private non-profit
organization, it shall submit an organization-wide audit. All
audits are due not later than seven (7) months after the
termination of the entity's fiscal year. If the Sub~rantee
expends less than $300,000 in Federal awards in its fiscal year,
an audit conducted in accordance with the provisions of OMB
Circular A-133 is not required, but an audit may otherwise be
required under Section 216.3491, Florida Statutes, and rules
adopted pursuant thereto.
b. The Grantee may require the Sub~rantee to undertake
such further or additional audits as determined necessary or
appropriate including, but not limited to, past and current
organization-wide audits. Such audits may be necessary to
determine the adequacy, accuracy, and reliability of the
Sub~rantee's internal controls, fiscal data, and management
systems established to safeguard the Sub~ra~tee's assets and to
ensure compliance with this Agreement.
Page 11
FEMA-3139-EM-FL, FEMA-FSA-2251 -FL through FEMA-FSA-ii60-FL and FEMA-FSA-2262-FL
DEC I '1999
c. If this Agreement is closed out without an audit,.
the Grantee reserves the right to recover any disallowed costs
identified in an audit after such close-out.
13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, Public Law 93-288 as amended by Public Law
100-707, the FEMA-State Agreement, this Agreement, or applicable
state law or applicable state or federal regulations, including
those noted herein, additional financial assistance for the
project in which the violation occurred will be withheld until
such violation has been corrected, or the Grantee may take any
other action that is legally available.
14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall
maintain an active program of nondiscrimination in disaster
assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR
Section 206.11. The Subgrantee shall comply with federal
regulations concerning the General services Administrative
Consolidated List of Debarred, Suspended and Ineligible
Contractors, as provided in 44 CFR Part 17.
15. MODIFICATION: Either party may request modifications to
this Agreement, except for scope of work to be completed on the
PW(s) and the time limitations for performance of the work which
are subject to modification in accordance with separate
procedures governed by FEMA regulation. Modifications to the
terms and conditions of this Agreement shali be proposed in
writing by either party and become effective only upon execution
Page 12
FEMA-3139-EM-FL, FEMA-FSA-1251-FL through FEMA-FSA-2260-FL and FEMA-FSA-226~2-FL
?~
DEC. i 1999
by both parties. Modifications to any PW or the time for
performance of elipible work shall be requested through the
Grantee, approved solely at the discretion of FEMA and shall be
reflected in a supplemental PW or time extension approval.
Modifications to a PW shall not be reflected in a modification to
this Agreement. If otherwise allowed under this Agreement, any
extension shall be in writing and shall be subject to the same
terms and conditions set forth in the initial Apreement. There
shall be only one extension of the Agreement unless the failure
to meet the criteria for completion is due to events beyond the
control of the Subgrantee.
16. TIME FOR PERFORMANCE: All activities funded under this
Agreement shall be timely performed and completed. In accordance
with 44 CFR 206.204, and subject to any approved extension by the
Governor's Authorized Representative (GAR) or the Federal
Regional Director, the term for performance of debris clearance
or emergency work is six (6) months from the date of the
declaration of a major disaster or emergency. Permanent work is
not authorized under this Agreement. Time extensions may be
granted on an individual basis, in accordance with 44 CFR
206.204. If any extension request is denied, the Sub~rantee may
be reimbursed for eligible project costs incurred up to the
latest approved completion date. Failure to complete the project
will result in the denial of funding for that project.
17. CONTRACTS WITH OTHERS= If a Subgra~tee contracts with
any other entity (herein after "contractor") for performance of
Page 13 FEMA-3139-EM-FL, FEMA-FSA-2251-FL through FEMA-FSA-1260-FL and FEMA-FSA-ii62-FL
any of the work required under this Agreement, the Subgrantee
agrees to include in the contract that the contractor is bound by
the terms and conditions of this Agreement with the Grantee, and
to provide the contractor with a copy of this Agreement. The
Subgrantee further agrees to include in the contract that the
contractor shall hold the Subgrantee and the Grantee harmless
against all claims of whatever nature arising out of the
performance of the work by the contractor under the contract. To
the extent that the Subgrantee has outstanding, uncompleted,
contracts for work for which reimbursement will be requested
under this Agreement, Subgrantee agrees to use its best efforts
to modify said contracts in accordance with this paragraph.
18. TERMINATION: Either party may request termination of
this Agreement, in writing, delivered in person, or by certified
mail, to the party's representative who executes this Agreement.
Said termination may be accomplished by mutual agreement of the
parties, effective thirty (30) days after an executed
modification to effect termination. ~
19. LIABILITY:
(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement. Unless the Subgrantee is
a State agency or subdivision as defined in Section 768.28,
Florida Statutes, the Subgrantee shall be solely responsible to
parties with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
Page 14
FEMA-3139-EM-FL, FEMA-FSA-2251 -FL ll'u'ough FEMA-FSA-2260-FL and FEMA. FSA-2262-FL
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of this Agreement, Subgrantee agrees that it is not an
employee or agent of the Grantee but is an independent
contractor.
(b) Any Subgrantee which is a State agency or subdivision,
as defined in Section 768.28, Fla...St~t,, agrees to be fully
responsible for its negligent acts or omissions or tortious acts,
and agrees to be liable for any damages proximately caused by
said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Subgrantee to which sovereign
immunity applies. Nothing herein s~a~l be construed as consent
by a State agency or subdivision of the state of Florida to be
sued by third parties in any matter arising out of the
performance of this Agreement.
(c) Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope(s)
of work will be performed, are at levels within regulatory limits
and do not trigger action required by Federal, State or local
laws or regulations. Subgrantee further represents and warrants
that household hazardous waste meeting the definition set forth
in 40 CFR shall be handled in a manner which meets all Federal,
State and local laws and regulations%~ Subgrantee further
represents and warrants that the presence of any condition(s) or
material(s) on site, which is subject to Federal, State or local
laws and regulations (including but not limited to: above ground
P~ge ! 5
FEMA-3139.EM.FL, FEMA-FSA-225 I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
or underground storage tanks or vessels, asbestos, pollutants,
irritants, pesticides, contaminants, petroleum products, waste,
chemicals, and septic tanks), shall be handled and disposed of in
accordance with the pertinent requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the attached Quarterly Report Form,
Attachment F. Refer to the "Quarterly Report Schedule and
Instructions" (Attachment G) for the due date of the first
report. Reports are due quarterly thereafter until the work has
been completed and approved through final inspection. Reports
shall indicate the status and completion date for each project
funded, any problems or circumstances affecting completion dates,
or the scope of work, or the project costs, and any other factors
reasonably anticipated to result in noncompliance with the terms
of the grant award. Interim inspections shall be scheduled by
the Subgrantee prior to the final inspection and may be required
by the Grantee based on information supplied in the quarterly
reports. The Grantee may require additional reports as needed.
The Subgrantee shall, as soon as possible, provide any additional
reports requested by the Grantee. The Grantee contact will be
the State Public Assistance officer for all reports and requests
for reimbursement.
21. STANDARD CONDITIONS: The Subgrantee further agrees to be
bound by the following standard conditions:
a. The State of Florida's performance and obligation to
pay under this Agreement is contingent upon an annual
Page 16 FEMA-3139-EM-FL, FEMA-FSA-2251-FL lb_rough FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
appropriation by the Legislature, or the provision of funding to
the Grantee pursuant to Section 252.37, Florida Statutes.
b. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre-
and post- audit thereof.
c. The Grantee may unilaterally cancel this Agreement
for refusal by the Subgrantee or its contractors to allow public
access to all documents, papers, letters or other material
subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the Subgrantee or its subcontractor in
conjunction with this Agreement. It is expressly understood that
substantial evidence of the Subgrantee's or their contractor's
refusal to comply with this provision shall constitute a breach
of contract, and constitute grounds for termination.
d. Pursuant to Section 216.347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from
this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress,
officers or employees of Congress, or an employee of a Member of
Congress in connection with the awarding of this Agreement or any
amendments or modifications of this Agreement.
e. The Subgrantee certifies with respect to this
Agreement that it possesses the legal authority to receive the
funds.
f. The Subgrantee shall comply wi~h any Statement of
Assurance attached hereto, which shall be incorporated herein.
Page 17
FEMA-3139-EM-FL, FEMA-FSA-2251-FL lba-ough FEMA.FSA-2260.FL and FEMA-FSA-2262-FL
D£C 1 ]999: '*'
The Subgrantee acknowledges that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that failure to do so constitutes
grounds for the recision or suspension of this subgrant and may
influence future subgrant awards.
g. The State of Florida will not intentionally award
publicly-funded contracts to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Grantee shall consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Subgrantee of the employment
provisions contained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the
Grantee.
h. A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a
contract with a public entity, and may not transact business with
any public entity in excess of Category Two for a period of 36
Page 18 FEMA-3139-EM-FL, FEMA-FSA-225 I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262.FL
months from the date of being placed on the convicted vendor list,
22. TERM: This Agreement shall begin upon the date last signed and shall
end upon receipt of official closing documentation from FEMA unless terminated earlier
in accordance with the provisions of this Agreement. Subgrantec agrees to promptly
commence and to expeditiously complete the scope of work identified herein. All work
shall be completed within six months of' thc date of the Emergency declaration
(September 25, 1999) or prior to such deadline as established by the GAR or the FEMA,
whichever is later.
23. NOTICE AND CONTACT: Ali notices under this agreement shall be in
writing, delivered either by hand delivery or certified mail to the representative and
address below:
FOR THE GRANTEE:
Joseph F. Myers, GAR
State Public Assistance
2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100
FOR THE SUBGRANTEE:
Michael Smykowski
Collier County Office of
Management & Budget
3301 East Tamiami Trail
Naples, FL 34112-4761
24. DEFAULT; REMEDIES; TERMINATION:
a. If any of the following events occur ("Events of Default"), all
obligations on the part of the Grantee to make any further payment of funds hereunder
shall, if the Grantee so elects, terminate, and the Grantee may at its option exercise any
Page 19 FEMA-3139-EM-FL, FEMA~FSA-225 I-FL through FEMA-FSA-2260-FL aud FEMA-FSA-262-FL
of its remedies set forth herein, but the Grantee may make any
payments or parts of payments after the happening of any Events
of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further
payment:
1. If any warranty or representation made by the
Subgrantee in this Agreement or any previous Agreement with the
Grantee shall at any time be false o~'misleading in any respect,
or if the Subgrantee shall fail to keep, observe or perform any
of the terms or covenants contained in this Agreement or any
previous agreement with the Grantee and has not cured such in
timely fashion, or is unable or unwilling to meet its obligations
thereunder;
2. If any material adyerse change shall occur in
the financial condition of the Subgrantee at any time during the
term of this Agreement from the financial condition revealed in
any reports filed or to be filed with the Grantee, and the
Subgrantee fails to cure said material adverse change within
thirty (30) days from the time the date written notice is sent by
the Grantee;
3. If any reports required by this Agreement have
not been submitted to the Grantee or have been submitted with
incorrect, incomplete or insufficient information; or
4. If the necessary funds are not available to
fund this agreement as a result of action by Congress, the
Legislature, the Office of the Comptroller or the Office of
Page 20 FEMA-3139-EM-FL, FEMA-FSA-225 I.FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
DEC !
Management and Budget.
b. Upon the happening of an Event of Default, then the
Grantee may, at its option, upon written notice to the Subgrantee
and upon the Subgrantee's failure to timely cure, exercise any
one or more of the following remedies, either concurrently or
consecutively, and the pursuit of any one of the following
remedies shall not preclude the Grantee from pursuing any other
remedies contained herein or otherwise provided at law or in
equity;
1. Terminate this Agreement, provided that the
Subgrantee is given at least fifteen (15) days prior written
notice of such termination. The notice shall be effective when
placed in the United States mail first class mail, postage
prepaid, by registered or certified ~ail-return receipt
requested, to the address set forth in paragraph (23) herein;
2. Commence an appropriate legal or equitable
action to enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part
of a request for payment;
4. Exercise any corrective or remedial actions, to
include but not be limited to, requesting additional information
from the Subgrantee to determine the reasons for or the extent of
non-compliance or lack of performance, issuing a written warning
to advise that more serious measures.~?ay be taken if the
situation is not corrected, advising the Subgrantee to suspend,
discontinue or refrain from incurring costs for any activities in
Page 2 i
FEMA-3139-EM-FI~ FEMA-FSA-225 I-FL through FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
OEC t 199
question or req~±ring the 8ubgrantee to reimburse the Grantee for
the amount of costs incurred for any items detezTnined to be
ineligible; and
5. Exercise any other rights or remedies which may
be otherwise available under law.
co The Grantee may terminate this Agreement for cause
upon such written notice as is reasonable under the
circumstances. Cause shall include, but not be limited to,
misrepresentation in the grant application; misuse of funds;
fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal
by the Subgrantee to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter
119, ~S, as amended.
d. Suspension or termination constitutes final Grantee
action under Chapter 120, ?S, as amended. Notification of
suspension or termination shall include notice of administrative
hearing rights and time frames. However, any deobligation of
funds or any other determination made by FEMA shall be addressed
as provided in 44 CFR 206.206.
e. The Subgrantee shall return funds to the Grantee if
found in non-compliance with laws, rules, regulations governing
the use of the funds or this Agreement.
f. Notwithstanding the above, the Subgrantee shall not
be relieved of liability to the Grantee by ~irtue of any breach
of Agreement by the Subgrantee. The Grantee may, to the extent
Page 22 FEMA-3139-E~/I-FI_., FEMA-FSA-~225 I-FL Ou'ough FEMA.FSA-2260-FL and FEMA-l~SA-~2262-~"L
authorized by law, withhold any payments to the Subgrantee for
purpose of set-off until such time as the exact amount of damages
due the Grantee from the Subgrantee is determined. In the event
the FEMA deobligates funds previously authorized under this
Agreement, or under any other FEMA funded agreement administered
by the Division, then Subgrantee shall immediately repay said
funds to the Grantee. If Subgrantee fails to repay said funds,
then Subgrantee authorizes the Grantee to recoup said funds from
funding otherwise available under this Agreement or under any
other grant Agreement with Subgrantee administered by the
Grantee.
(25) ATTACHMENTS
a. All attachments to this~.Agreement are incorporated
as if set out fully herein.
b. In the event of any inconsistencies or conflict
between the language of this Agreement and the attachments
hereto, the language of such attachments shall be controlling,
but only to the extent of such conflict or inconsistency.
c. This Agreement has the following attachments:
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Program Statutes and Regulations
Lobbying Prohibition/Certification
Statement of Assurances
Request for Advance or Reimbursement
Summary of Documentation
Florida Public Assistance Quarterly
Report
Quarterly Report Schedule and
Instructions
Page 23 FEMA-3139-EM-FL, FEMA-FSA-225 I-FL lhrough FEMA-FSA-2260-FL and FEMA-FSA-2262-FL
10£C ? ~ '1999
26.
Michael Smykowski
Michelle M. Johnssen
DESIGNATED AGENT: The Subgrantee hereby authorizes:
as its primary designated agent, and
as its alternate designated agent, to execute Requests for
Reimbursement, necessary certifications, and other supplementary documentation.
1N WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement;
FOR THE SUBGRANTEE: FOR THE GRANTEE:
BOARD OF COUNTY
COMMISSIONERS,
Pamela S. Mac'Kie
(print or type name)
Chairwoman
(title)
(date)
Si~bgrantee's Federal Employer
Identification No. 59-6000558
· .:.57:: ~.' ': .
(Depu~ Clerk)
Attest a~ to Chaf~an's
Approved as to fora and Legal Sufficiency
Assistant County Attorney
STATE OF FLORIDA
DEPARTMENT OF
COMMUNITY AFFAIRS
By:
(signature)
Joseph F. Myers
(print or type name)
Governor's Authorized Representative
(title)
(date)
Federal Domestic Assistance #83.544
Page 24 FEMA-3139-EM-FI,, FEMA-FSA-2251 -FL through FEMA-FSA and FEMA-FSA-2262-FL
1999
ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS
The parties to this Agreement and t~ Public Assistance and Fire
Suppression Grant Programs are generally governed by the
following statutes and regulations:
(i)
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 USC 5121, et seq;
(2)
44 gFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206,
220, and 221, and any other applicable FEMA policy
memoranda, handbooks and guidance documents;
(3)
State of Florida Administrative Plan for the Public
Assistance Grant Program; and
(4)
All applicable laws and regulations delineated in
Attachment C of this Agreement.
A-1
ATTACHMENT B
LOBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence either directly or indirectly an office or
employee of any state or federal agency, a member of the Florida
Legislature, a Member of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-L. "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subreceipents shall certify
and disclose accordingly.
This certification is a material representative of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any persons who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Pamela S. Mac'Kie, Chairwoman
Collier County Board of Commissioners
B-I
ATTACP~4ENT C
STATEMENT OF ASSURANCES
The Subgrantee hereby assures and certifies that:
(a) It possesses legal authority to'enter into this agreement,
and to execute the proposed program;
(b) Its governing body has duly adopted or passed as an official
act a resolution, motion or similar action authorizing the
execution of the disaster relief funding agreement with the
Grantee, including all understandings and assurances
contained therein, and directing and authorizing the
Subgrantee's chief executive officer or designee to act in
connection with the application and to provide such
additional information as may be required;
(c) No member of or delegate to the Congress of the United
States, and no Resident Commissioner, shall be admitted to
any share or part of this agreement or to any benefit to
arise from the same. No member, officer, or employee of the
Subgrantee or its designees or agents, no member of the
governing body of the locality in which the program is
situated, and no other public'official of such locality or
localities who exercises any functions or responsibilities
with respect to the program during his tenure or for one
year thereafter, shall have any interest direct or indirect,
in any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with the program assisted
under this agreement. The Subgrantee shall incorporate or
cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant
to the purposes stated above;
(d) All Subgrantee contracts for which the State Legislature is
in any part a funding source, shall contain language to
provide for termination with reasonable costs to be paid by
the Subgrantee for eligible contract work completed prior to
the date the notice of suspension of funding was received by
the Subgrantee. Any cost incurred after a notice of
suspension or termination is received by the Subgrantee may
not be funded with funds provided under this Agreement
unless previously approved in writing by the Grantee. All
Subgrantee contracts shall contain provisions for
termination for cause or convenience and shall provide for
the method of payment in such event;
C - 1
(e)
(f)
13EC !99.
It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962,
40 U.S.C. 327 et seq., requiring that mechanics and
laborers (including watchmen and guards) employed on
federally assisted contracts be paid wages of not less
than one and one-half times their basic wage rates for
all hours worked in excess of forty hours in a work
week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week. ~
It will comply with:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352),
and the regulations issued pursuant thereto, which
provides that no person in the United States shall on
the grounds of race, color, or national origin, be
excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under
any program or activity for which the Subgrantee
receives Federal financial assistance and will
immediately take any measures necessary to effectuate
this assurance. If any real property or structure
thereon is provided or improved with the aid of Federal
financial assistance extended to the Subgrantee, this
assurance shall obligate the Subgrantee, or in the case
of any transfer of such property, any transferee, for
the period during which the real property or structure
is used for a purpose for which the Federal financial
assistance is extended, or for another purpose
involving the provision of similar services or
benefits;
(2) Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975, as
amended (42 U.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or with respect to
otherwise qualified handicapped individuals as provided
in Section 504 of the Rehabilitation Act of 1973;
C - 2
BEC 1999
(g)
(h)
(i)
(j)
(k)
(3) Executive Order 11246 as amended by Executive orders
11375 and 12086, and the regulations issued pursuant
thereto, which provide that no person shalI be
discriminated against on the basis of race, color,
religion, sex or national origin in all phases of
employment during the performance of federal or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
pay or other forms of compensation; and election for
training and apprenticeship;
The Subgrantee agrees to comply with the Americans With
Disabilities Act (Public Law 101-336, 42 U.S.C. Section
12101 et seq.), where applicable, which prohibits
discrimination by public and private entities on the basis
of disability in the areas of employment, public
accommodations, transportation, State and local government
services, and in telecommunications;
It will establish safeguards to prohibit employees from
using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they
have family, business, or other.'~ties pursuant to Section
112.313 and section 112.3135, FS;
It will comply with the Anti-kickback Act of 1986, 41 U.S.C.
Section 51 which outlaws and prescribes penalties for
"kickbacks" of wages in federally financed or assisted
construction activities;
It will comply with the provisions of 18 USC 594, 598, 600-
605 (f/k/a the Hatch Act) which limits the political
activity of employees;
It will comply with the flood insurance purchase and other
requirements of the Flood Disaster Protection Act of 1973 as
amended, 42 USC 4002-4107, including requirements regarding
the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any
Federal financial assistance for construction or acquisition
purposes for use in any area having special flood hazards.
The phrase "Federal financial assistance" includes any form
of loan, grant, guaranty, insurance payment, rebate,
subsidy, disaster assistance lOan or grant, or any other
form of direct or indirect Federal assistance;
C - 3
(1)
(m)
It will require every building or facility (other than a
privately owned residential structure) designed,
constructed, or altered with funds provided under this Part
to comply with the "Uniform Federal Accessibility
Standards," (AS) which is Appendix A to 41 CFR Section 101-
19.6 for general type buildings and Appendix A to 24 ~FR
Part 40 for residential structures. The Subgrantee will be
responsible for conducting inspections to ensure compliance
with these specifications by the contractor;
It will, in connection with its performance of environmental
assessments under the National Environmental Policy Act of
1969, comply with Section 106 of the National Historic
Preservation Act of 1966 (U.S.C. 470), Executive Order
11593, 24 CFR Part 800, and the Preservation of
Archaeological and Historical Data Act of 1966 (16 U.S.C.
469a-1, et seq.) by: ~
(1) Consulting with the State Historic Preservation Officer
to identify properties listed in or eligible for
inclusion in the National Register of Historic Places
that are subject to adverse effects (see 36 CFR Section
800.8) by the proposed activity; and
(2) Complying with all requirements established'by the
State to avoid or mitigate adverse effects upon such
properties.
(3) Abiding by the terms and conditions of the
"Programmatic Agreement Among the Federal ~ergency
Management Agency, the Florida State Historic
Preservation Office, the Florida Department of
Community Affairs and the Advisory Council on Historic
Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in
implementing Section 106 of the National Historic
Preservation Act (NHPA), 16 U.S.C. 470f, and
implementing regulations in'36 CFR part 800.
(4) When any of Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in
36 CFR 800.(2) (e), the FEMA may require Subgrantee to
review the eligible scope of work in consultation with
the State Historic Preservation Office (SHPO) and
suggest methods of repair or construction that will
conform with the recommended approaches set out in the
Secretary of Interior's Standards for Rehabilitation
C - 4
1999
(5)
and Guidelines for Rehabilitating Historic Buildings
1992 (Standards), the Secretary of the Interior's
Guidelines for Archeological Documentation (Guidelines)
(48 Federal Register 44734-37), or any other applicable
Secretary of Interior standards. If FEMA determines
that the eligible scope of work will not conform with
the Standards, Subgrantee agrees to participate in
consultations to develop,~.and, after execution by all
parties, to abide by, a written agreement that
establishes mitigation and recordation measures,
including but not limited to, impacts to archeological
sites, and the salvage, storage, and reuse of any
significant architectural features that may otherwise
be demolished.
Subgrantee agrees to notify FEMA and the Department if
any project funded under this Agreement will involve
ground disturbing activities, including, but not
limited to: subsurface disturbance; removal of trees;
excavation for footings and foundations; and
installation of utilities (such as water, sewer, storm
drains, electrical, gas, leach lines and septic tanks)
except where these activities are restricted solely to
areas previously disturbed by the installation,
replacement or maintenance of such utilities. FEMA
will request the SHPO's opinion on the potential that
archeological properties may be present and be affected
by such activities. The SHPO will advise Subgrantee on
any feasible steps to be accomplished to avoid any
National Register eligible archeological property or
will make recommendations for the development of a
treatment plan for the recovery of archeological data
from the property. If Subgrantee is unable to avoid
the archeological property, the Subgrantee will
develop, in consultation with the SHPO, a treatment
plan consistent with the Guidelines and take into
account the Advisory Council on Historic Preservation
(Council) publication "Treatment of Archeological
Properties." Subgrantee shall forward information
regarding the treatment plan to FEMA, the SHPO and the
Council for review. If the SHPO and the Council do not
object within 15 calendar days of receipt of the
treatment plan, FEMA may direct Subgrantee to implement
the treatment plan. If either the Council or the SHPO
C - 5
(n)
(o)
object, Subgrantee shall not proceed with the project
until the objection is resolved.
(6) Subgrantee shall notify the Department and FEMA as soon
as practicable: (a) of any changes.in the approved
scope of work for a National Register eligible or
listed property; (b) of all changes to a project that
may result in a supplemental PW or modify an HMGP
project for a National Register eligible or listed
property; (c) if it appears that a project funded under
this Agreement will affect'a previously unidentified
property that may be eligible for inclusion in the
National Register or affect a known historic property
in an unanticipated manner. Subgrantee acknowledges
that FEMA may require Subgrantee to stop construction
in the vicinity of the discovery of a previously
unidentified property that may be eligible for
inclusion in the National Register or upon learning
that construction may affect a known historic property
in an unanticipated manner.~ Subgrantee further
acknowledges that FEMA may require Subgrantee to take
all reasonable measures to avoid or minimize harm to
such property until FEMA concludes consultation with
the SHPO. Subgrantee also acknowledges that FEMA will
require, and Subgrantee shall comply with,
modifications to the project scope of work necessary to
implement recommendations to address the project and
the property.
(7) Subgrantee acknowledges that, unless FEMA specifically
stipulates otherwise, it shall not receive funding for
projects when, with intent to avoid the requirements of
the PA or the NHPA, Subgrantee intentionally and
significantly adversely affects a historic property, or
having the legal power to prevent it, allowed such
significant adverse affect to occur.
It will comply with Title IX of.:.:the Education Amendments of
1972, as amended (20 U.S.C.: 1681-1683 and 1685-1686) which
prohibits discrimination on the basis of sex;
It will comply with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of
1970, (42 USC 4521-45-94) relating to nondiscrimination on
the basis of alcohol abuse or alcoholism;
C-6
(p) It will comply with 523 and 527 of the Public Health Service
Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended,
relating to confidentiality of alcohol and drug abuse
patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act
(42 U.S.C.: 4821 et seq.) which prohibits the use of lead
based paint in construction of rehabilitation or residential
structures; ~
(r) It will comply with the Energy'Policy and Conservation Act
(P.L. 94-163; 42 USC 6201-6422), and the provisions of the
state Energy Conservation Plan adopted pursuant thereto.
(s) It will comply with the Animal Laboratory Welfare Act of
1966, 7 USC 2131-2159;
(t) It will comply with the Civil Rights Act of 1968, Title VI
and VIII, 42 USC 2000c and 42 USC 3601-3619.
(u) It will comply with the Clean Air Act of 1970, as amended,
42 USC 7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended,
42 USC 7419-7626;
(w) It will comply with the Davis-Bacon Act, 40 USC 276a;
(x) It will comply with the Endangered Species Act of 1973, 16
USC 1531-1544;
(y) It will comply with the Intergovernmental Personnel Act of
1970, 42 USC 4728-4763;
(z) It will comply with the National Historic Preservation Act
of 1966, 16 USC 270;
(aa) It will comply with the National Environmental Policy Act of
1969, 42 USC 4321-4347;
(bb) It will comply with the Preservation of Archeological and
Historical Data Act of 1966, 16 USC 469a, et seq;
(cc) It will comply with the Rehabilitation Act of 1973, Section
504, 29 USC 794;
(dd) It will comply with the Safe Drinking Water Act of 1974, 42
USC 300f-300j;
(ee) It will comply with the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1970, 42 USC 4621-4638;
(ff) It will comply with the Wild and Scenic Rivers Act of 1968,
16 USC 1271-1287; and
(gg) It will comply with the following Executive Orders: EO 11514
(NEPA); EO 11738 (violating facilities); EO 11988
(Floodplain Management); and EO 11990 (Wetlands); and EO
12848 (Environmental Justice).
C - 7
(hh) It will comply with the Coastal Barrier Resources Act of
1977, 16 USC 3510.
(ii) It will comply with the Coastal Zone Management Act of 1972,
16 USC 1451-1464.
(jj) It will comply with the Fish and Wildlife Coordination Act
of 1958; 16 USC 661-666.
(kk) With respect to demolition activities, it will:
1. Create and make available documentation sufficient to
demonstrate that the Subgrantee and its demolition
contractor have sufficient manpower and equipment to
comply with the obligations as outlined in this
Agreement.
2. Return the property to its natural state as though no
improvements had ever been contained there on.
3. Furnish documentation of all qualified personnel,
licences and all equipment necessary to inspect
buildings located in Subgrantee's jurisdiction to
detect the presence of asbestos and lead in accordance
with requirements of the U.'S. Environmental Protection
Agency, the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection resUlts for
each structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees
employed by Subgrantee to remove asbestos and lead from
demolished or otherwise applicable structures.
6. Leave the demolished site clean, level and free of
debris.
7. Notify the Department promptly of any unusual existing
condition which hampers the contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where
water wells or septic tanks are to be closed along with
the number of wells located on each site.
10. Comply with mandatory standards and policies relating
to energy efficiency which are contained in the State
energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94 -
163).
C - 8
12.
Comply {~ihh all app~icabl~-standards, 6rders,.'~r
requirements issued under Section 306 of the Clean'Ai~'°
Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water'
Act (33 U.S.1368), Executive Order 11738, and the U. S.
Environmental Protection Agency regulations (40 C.F.R.
Part 15). This clause shall be added to any
subcontracts.
Provide documentation of public notices for demolition
activities.
C - 9
· .. ATYACH?d'£?~? D
i/'LOPdDA DEPARTMENt' OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement [or Public Assistance Funds '
l)EC.t q
SUBGKANTEENAME: DEC NO:
ADDKESS: PA ID NO:
PAYMENT NO: DCA. AGKEEMENT NO:
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
DSI~
CATEGORY
% COMPLETE
DSP~
CATEGORY
% COMPLETE,
D$1~ .
CATEGORY ~"
% COMPLETE
DSR~
CATEOORY
% COMPLETE
DSR~
CATEGORY
% COMPLETE
TOTAL CURRENT REQUEST $
I certify that to the best of my knowledge and b~lief thc above accounts are correct and that all disbursements were made in ace, ordanc¢ with all
conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE
NAME AND TITLE
DATE:
APPROVED FOR PAYMENT
ADMINISTRATIVE COST
TOTAL PAYMENT
TO BE COMPLETED BY DEPARTMENT OF COMMI~ITY AFFA.IRS (DCA)
$
$ GOVERNOR'S AUTHORIZED REPRESENTATIVE
$
DATE
D-1
- ATTACt-D;'IENT E
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUi~IARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGIBLE DISASTER WORK
Subgrantee:
Disaster No.
DCA Agreement No. Project Application No.
Applicant' s Reference Delivery l~t~ of ]DOCUMENTATION Applicant's
No. Q~Vtrrnnt, Vonchcr, articles or List Doenmentatinn (Appllcant*s payroll, material out of applicant's stoc~ l~li~lble Costa
Chdm or Schedule No.) peffo~ applicant owned equipment and name of vendor or contractor) by category and ($$$)
services, llne Item In the approved project appllCat~o~ and give a brief description of th~
articles or services.
TOTAL
TOTAL
£-1
ATTACHMENT G
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
QUARTERLY REPORT SCHEDULE AND INSTRUCTIONS
Quarterly Progress Reports are required by the Disaster FuMing Agreements for all subgrantees
until all their Project Worksheets (PWs, formerly Damage Survey Reports {DSRs}), are completed.
Subgrantee reports are reviewed by the Grants Manager, then consohdated by disaster event
(declaration number) and forwarded to FEMA Region IV as required by the FEMMState Agreement
for each disaster. The State reports are due to FEMA Region IV thirty (30) days after the end of the
reporting quarter. Reporting quarters and submission dates are listed below for your information and
compliance.
QUARTERS
DUE TO STATE BY
STATE SUBMISSION TO FEMA
January-March
April 15t~(or l'twork day after)
Not Later Than -April 30t~
April-June
June 15th (or 1't work day after)
Not Later Than-July 31't
July-September October 15th (or 1't work day after) Not Later Than- October 31't
October-December January 15th (or 1't work day after) Not Later Than-January SPt
Subgrantees involved in their "first" or a "new" disaster grant will be advised of the date
required for the submission of their first Quarterly Report for that disaster. All subsequent Quarterly
Report submissions will follow the schedule outlined above.
Subgrantees involved in more than one open disaster .grant must submit separate reports for
each disaster that has outstanding DSR projects. Please be aware, the Department will withhold
payment of any disaster funds due if the report is not submitted on time.
Subgrantees should contact their Grants Manager for guidance in preparing their "first"
Quarterly Progress Report for any disaster. If you hav6"anY question, contact your Grants Manager.
WM/js
G-1
December 14, 1999
Item #16G2
BUDGET AMENDMENT FOR THE BUDGETED MERIT INCREASES FOR FY99 IN THE
AMOUNT OF $68,700.00.
Item #16H1
CHAIRWOMAN TO SIGN SATISFACTION OF CIVIL JUDGEMENT LIEN FOR SERVICES
OF THE PUBLIC DEFENDER FOR VARIOUS CASE NOS. AS DESCRIBED IN THE
EXECUTIVE SUMMARY.
Page 211
SATISFACTION OF CML J~q3(~]T LIEN
*** 2570949 OR: 2623 PG: 0001 ***
RBCORDSD in OF[ICIAL RECORDS o[ ¢OLLIBR COUNTY, PL
12/2o/1999 at OI:I1P[{ DWIGHT B, BROCK, CL~RK
itSC ~BB 6, O0
Re~n:
CRISINAL DIVISlOS ~1 i 1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Bernard Bostick
4870 14th Avenue SW
Naples, FL 33999
CASE NUMBER: 88-2140-TM
bearing the date of 7th day of October , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Three hundred twenty & no/100 ($320.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2240
1661 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of
ATTEST:
COLLIER' COUNTY,/FLORIDA
Clerk~ of the Cir~ui~ Court
By:
BOARD OF COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF C/VIL JIID(~ENT LIEN
*** 2570950 OR: 2623 PG: 0002 ***
RRCOR§~D in O[[ICIAL RBCORDS of COLLIBR COUNTY, PL
12/20/1999 at OI:llPK D~IGH? ~. BROCK, CLBRK
R~C F[~ 6.00
Retn:
CRINIRA~ DIVISION
1 1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Bernard Bostick
4870 14th Avenue SW
Naples, FL 33999
CASE NUMBER: 89-79-TMC
bearing the date of 7th day of October , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Five hundred & no/100 ($500.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
2241
1661 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissi6ners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Exe,c~t'~ed this ./~-~ day of ~~ 19 7~
A~TEST:
COLLIER COUNTY,. FLORIDA
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Panel'S' ~. Pf~c~Ki~ [ ~a~t~oman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CIVIL ~ LIEN
*** 2570951 OR: 2623 PG: 0003 ***
RBCOIIDED in OPPICII%L RECORDS of COLLIER COU[I?¥, ~L
12/20/1999 at Ol:llP[( D~IGIiT g, BROCK, CLERK
RSC ~ ~,00
Re~n:
CRIHIH~L DIVISION
. L1 1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
David Alan Lowery
5311 Treetops Dr.
Naples, FL 33962
CASE NUMBER: 89-2025-TM
bearing the date of 26th day of July , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred sixty-five & no/100 ($465.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
1303
1636 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
iN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed. this /~ day of
ATT .~ST:
COI~LIER COUNTY, FLORIDA
clerk of the Circuit Court
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pam~woman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CIVIL JUDGMR~IT LIEN
*** 2570952 OR: 2623 PG: 0004 ***
RBCORDRD iH OP~I¢II~L RBCORDS of COLLIER COUIIT~, ~L
12/20/1999 at, 01:llPll DIIIGHT 8. BROCK, CLBR[
RSc ~Ss 6, oo
Rein:
CRIMIHIL DIVISION
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
David Alan Lowery
5311 Treetops Dr.
Naples, FL 33962
CASE NUMBER: 89-2025-TM/89-2026-TM
bearing the date of 17th day of June , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred eiGhty-five & no/100 ($285.00)
*DOLLARS,
by Civil JudGment recorded in Official Record Book
0342
1626 , PaGe
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of ~ 19 ~
ATTEST: '.
COLLIER COUNTY,'..FLORIDA
Clerk of the Circuit Court
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pame~a S. Mac' Kie, C~ha~woman
Approved as to form and
legal sufficiency:
Assis County Attorney
CRIMINAL DIVISION
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2570953 OR: 2623 ?G: 0005 ***
12/20/1999 at OI:llPH DWIGHT B. BROCK, CLBRK
RBC ~SS 6,00
CR~HAL
1 1999
SATISFACTION OF CML ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Kevin Arnold Dean
4365 Golden Gate Parkway
Naples, FL 33999
CASE NUMBER: 89-2669-TM
bearing the date of llth day of September , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Seven hundred sixty-five & no/100 ($765.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0211
1651 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of ~~ , 19 ;~
ATTEST:
COLLIER COUNTY',/.. FLORIDA
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pam~r~woman
Approved as to form and
legal sufficiency:
As County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570954 OR: 2623 PG: 0006 ***
RBCOROED in OFFICIAL RECORDS 0f COLLIER COUNTY, FL
12/20/1999 at OI:I1PK DNIGHT E. BROCK, CL~RK
Re~n:
CRtSI~L DIVISIOS
SATISFACTION OF CML ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Dominick Palermo
3722 Northwinds Dr.
Naples, FL 33962
CASE NUMBER: 89-2838-TM/88-2165-MMA/88-2321-MMA
bearing the date of 17th day of June , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred forty-two & 50/100 ($442.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0377
1626 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of ~ , 199~
,ATTEST:
COLLIER COUNT~, FLORIDA
Cleyk.of the Circuit Court
BOARD OF COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CML ~ LIEN
*** 2570955 OR: 2623 PG: 0007 ***
I~BCOltl)EI) in OFFICIAL IIBCOI{I)S of COLLIBR COUIIT~, PL
12/20/1999 at; OI'.IIPK DWIGHT B. BROCK, CLERK
~BC [~ 6. O0
~etn:
C~IHIHA~ DIVISlOH
~ ~ ~ 199~
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Dominick Palermo
3722 Northwinds Dr.
Naples, FL 33962
CASE NUMBER: 89-2838-TM/88-2165-MMA/88-2321-MMA
bearing the date of 26th day of July , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred seventy-two & 50/100 ($472.50) *DOLLARS,
by Civil Judgment recorded in Official Record Book
0375
1636 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Exeguted this /~ day of
ATTEST: ~%A
:'COLLIER couN~';.. FLORIDA
Cl~rk of the Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
P ' ' oman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CIVIL ~ LIEN
*** 2570956 OR: 2623 PG: 0008 ***
RRCORDRD in OP[ICIIU, RR¢ORD$ of COLLIER COUII?I,
RISC ~I~ 6.00
ReLn:
1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Thomas Francis Hogan
1286 Highland Drive
Naples, FL 33940
CASE NUMBER: 88-3807-TM
bearing the date of 10th day of February , 1993 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand four hundred fifty-five & no/100 ($1,455.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1505
1796 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of ~.~~-~ , 19 ~ .
ATTEST:
..C.0LLIER COUNTY, ~DA
Clerk of the Circuit Court
By:
BOARD OF COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570957 OR: 2623 PG: 0009 ***
RECORDBD in OEFICIAL RBCORD$ o[ COLLIBR COUN?~, IL
12/20/1~9 ag 01:llPH D~IGHT ~. BROCK, CHH
HC H~ ~,00
Re~n:
D ws os 1999
SATISFACTION OF CML ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Dagoberto Alex Oliva
2073 41st Street SW #C
Naples, FL 33999
CASE NUMBER: 89-3869-TM/89'4751-TM
bearing the date of 27th day of August , 1991
the Clerk of the Circuit Court of Collier County,
principal sum of
recorded in the office of
State of Florida, securing the
**** One hundred seventy-five & no/100 ($175.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
0861
1732 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~.~ day of ~ , 19 ~
~OLLIER COUNTY,' FLORIDA
Cl~rk of the C~rc~it Court
BOARD OF COUNTY COMMISSIONERS
By: ~~A
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570958 OR: 2623 PG: 0010 ***
RNCORDED in O[[ICIAL RMCORDS of COLLIBR COUNT~, IL
12/20/1~ at 01:llP~ ~WI~T ~, ~ROCg,
R~C ~ ~,00
~e~:
CRIHINAL DIVISION ~__~_c.-' ~ ~ 1999
SATISFACTION OF CML JUIX~wRN~P LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Penny Jo Kyle
4715 25th Place SW
Naples, FL 33999
CASE NUMBER: 90-1151-TMC
bearing the date of 23rd day of July , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Five hundred ninety-two & 50/100 ($592.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1909
1634 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Exe~ted.~is /~ day of ~ 19 ~
" ,," . ~.r~', ,-,~ ~,~. .f. - '
.-~QLLI.EHz' C. DUN.~Y,'~ ?.LORIDA
· :. 7 :;./:,',', ~:',-; ?',',::: %: 'J,~..'
Approved as to form and
legal sufficiency:
Assistant County Attorney
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie,' C~fairwoman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570959 OR: 2623 PG: 0011 ***
R~CORDBD in O[[IClAL R~COR~$ of ¢OLLIBR COUNT~, IL
12/20/1999 at OI:llPM D~IGH? ~. BROCg, CLB~K
R)C FL! 6.00
Re~n:
SATISFACTION OF CML JUDGI~ENT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Hogan, Thomas
4564 Lakewood Blvd
Naples, FL 33962
CASE NUMBER: 90-2164-TM
bearing the date of 20th day of May , 1992
the Clerk of the Circuit Court of Collier County,
principal sum of
recorded in the office of
State of Florida, securing the
**** Three hundred eighty-five & no/100 ($385.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2165
1717 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execut,e,d..t.hi.s.,, /~ day of
Cl6~,,gf :'the: Ci:iCuit Court
Approved 'as to f~rm and
legal sufficiency:
AS S is~5~ C¢~~ney
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa ' ' ' oman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570960 OR: 2623 PG: 0012 ***
R~CORDED in OFFICIAL RBCORDS of COLLIER COg~?¥, [L
12/20/1999 at 01:llPK DWIGHT K, BROCK, CLERK
Re~n: ~
CRIKINAb DIVISION ~ ~ 1999
SATISFACTION OF CIVIL J%~)G)~T LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COFIMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Wilfred Emile Houle
4529 # Meadowood Circle
Naples, FL 33999
CASE NUMBER: 90-2476-TM
bearing the date of 5th day of June , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred eighty-seven & 50/100 ($287.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2136
1622 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execu.tedl thiS, /~;~ day of
C-'O,~'LIER -.COUNTY';., ."-.FLORIDA
· :~.~/, .~.,, ~ . , '..,; .- . ~.
C:[~/;k of' the ,~i'rcuit Court
Approved as to form and
legal sufficiency:
Assist County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
Pa~rwoman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570961 OR: 2623 PG: 0013 ***
RHCORDBD in O[[ICIA~ R~CORD$ of COLLIBR COUNT~, PL
12/20/1999 ag OI:llPN DWIGHT g, BROCK, CLBRK
Retn:
CRIHINAL DIVISION ~De..c 1 1999
SATISFACTION OF CML JUDGI~RN~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Warren Lee Risner
2143 Beacon Manor Drive
Fort Myers FL 33905
CASE NUMBER: 90-4281-TM
bearing the date of 26th day of February , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand three hundred eighty-five & no/100 ($1,385.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
1329
1691 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Ex~u~d"~h~s /~/~L day of
:,'" ..,:,.~ ' i'..~.. ! ?~ ,',',. ,
A-.~EST ~ ' '"""
:~LL~.~R.' CO~.~YL FLORIDA
~}~k 'ofr'' the: c~rc~it Court
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
C LIER COUNTY, FLQ IDA
Pamela S. Mac'Kie, Chairwoman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570962 OR: 2623 PG: 0014 ***
12/20/1999 at OI:llPH D~IGH! B, BROCK, CLARE
RSC FBB ~.00
Re~n:
CRIMINAL DIVISION ~ ! q 1999
SATISFACTION OF CML J~3D~ENT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Robert Odean Perry
2147 Pineland Street
Naples, FL 33962
CASE NUMBER: 90-6876-TM
bearing the date of 2nd day of March , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand twenty & no/100 ($1,020.00)
*DOLLARS,
by Civil JudGment recorded in Official Record Book
2258
1692 , PaGe
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida;-?~-hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execut. ed"this i/_~ day of
c6LLIER--CO~NTY ~. '~FLORIDA
.-* .? ,' -~ .*, '..
* ourt
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assist nt County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570963 OR: 2623 PG: 0015 ***
R~CORDSD ia OPFICI~L RBCOR~$ of COLLI~£ COUNTL
12/20/1999 at 01:II~M D~IGH? B. BROCK,
CRININAL DIVISION ~)~L~-'l i 1999
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMNISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Robert Odean Perry
2147 Pineland Street
Naples, FL 33962
CASE NUMBER: 90-6877-TM
bearing the date of 17th day of October 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
One hundred twenty & no/100 ($120.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2244
1661 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Ex.e,,cuted. this /~ day of
AT. T2ST: "
!.COLLI'ER COUNTY'-, FLORIDA
'Cle{k of the C{'rc~it Court
~ , 19~.
BOARD OF COUNTY COMMISSIONERS
CO~Ir~IER COUNTY, FLORIDA
By: Pam~rwoman
Approved as to form and
legal sufficiency:
'
Assista u y torney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570964 OR: 2623 PG: 0016 ***
~CO~O~D in O[[IClAL ~CO~DS o[ COLLI~ COIN?Y, PL
12/20/1999 at 01:llP~ D~IG~T ~. B~OCK, CLBRK
Re~n:
CRXHXNAL DXVXSXON ~ J ~ 1999
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Melvin C. Marshall
4409 19th Avenue SW
Naples, FL 33999
CASE NUMBER: 91-206-TMC
bearing the date of 8th day of December , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred seventy-seven & 50/100 ($277.50) *DOLLARS,
by Civil Judgment recorded in Official Record Book
0204
1778 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of ~~ , 19 ~,~ .
ATTEST':
COLLIER COUNTY, FLORIDA
~ferk of the ~ir'~uit Court
By:
BOARD OF COUNTY COMMISSIONERS
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570965 OR: 2623 PG: 0017 ***
RBCORDBD in OF~ICIIL RBCORDS ot COLLIBR COUNTY, ~L
12/20/1999 it OI:I1P~ D~IGH? ~. BROC[, CLRRK
RBC ~S8 5,00
Re~n:
CRIMINAL DIVISION ~----~l i 1999
SATISFACTION OF CIVIL JUD(~RNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Sebastian Pascual
PO Box 2229
Immokalee, FL 33934
CASE NUMBER: 91-347-TM
bearing the date of 28th day of September , 1994 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred seventy & no/100 ($270.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
0982
1992 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of
.ATTEST:
.GOLLIER COUNTY~ FLORIDA
Clerk of the Circuit Court
, 19
BOARD OF COUNTY COMMISSIO .RS
COLLIER COUNTY, FLORIDA
Pame a S. Mac ~ie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney,
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570966 OR: 2623 PG: 0018 ***
RBCORDBD in OHIClAL RBCORDS of COLLIBR
12/20/1999 at OI:llPK D~IGH? I. BROCK, CLBRK
RBC ~B! 6,00
Rein:
999
CRI~INAC DIVISION
SATISFACTION OF CML ~TrDG~ZNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMI~ISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Dagoberto Aguerrebere Oliva a/k/a Dagoberto Alex Oliva
2073 41st Street SW #C
Naples, FL 33999
CASE NUMBER: 91-1105-TM/91-3222-TM/90-6365-TM
bearing the date of 27th day of July , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Eight hundred sixty & no/100 ($860.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
0744
1739 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~_~ day of
ATTEST:
CgLLIER COUNTY, FLORIDA
.,... .,,.,...., /
Cle'~k of the Circait Court
BOARD OF COUNTY COMMISSIONERS
By: ~DA
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570967 OR: 2623 PG: 0019 ***
R~CORDBD in O[[ICI~L R~CORD~ 0[ COLLI~ COUP?Y, IL
12/20/1999 aL OI:I1PK DHIGHT ~. B~OCg, CLERg
RBC ~BS 6.00
Re ~n:
C~S~L DmS~OS -~ ~ ~ 1999
SATISFACTION OF CML JUD(~T LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Keith A. Ross
111 Warwick Hills Drive
Naples, FL 33962
CASE NUMBER: 91-3107-TMC
bearing the date of 14th day of September , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
Two hundred & no/100 ($200.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1396
1752 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execut.ed this /~-~ day of
ATTEST: '
· ~OLLIER coUNTy,...FLORIDA
¢l~rk of the Circuit Court
,
COLLIER COUNTY, FLORIDA
By: ~
P~ i rwoman
Approved as to form and
legal sufficiency:
Assistant County' Attorney
CRIMINAL DIVISION
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2570968 OR: 2623 PG: 0020 ***
12/20/1~ at Ol:llPl D~IGH? B. BROCK, CLBRK
R~¢ ~ 6,00
1999
SATISFACTION OF CIVIL ~ T.IEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COM~{ISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Martinez, Ramiro
2532 Bayside St
Naples, FL 33962
CASE NUMBER: 91-4809-TMC
bearing the date of 20th day of May , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred forty-five & no/100 ($445.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
2166
1717 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
EXecuted"th~s: ./~-~ day of . , 19 ~ .
ATTEST:
C~LLIER COUNTY' "FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
m~r
By: ~
Pa woman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570969 OR: 2623 PG: 0021 ***
RECORDED In O~FICIAL RECORDS of COLLIER COUN?~, PL
U¢ ~ 6.00
Retn:
CRI~I~AL DIVISION ~ ~ ~ 1999
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Dominick Palermo
281 9th Street Northwest
Naples, FL 33964
CASE NUMBER: 91-5193-TMC
bearing the date of 1st day of September , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Six hundred fifty-eight & 50/100 ($658.50) *DOLLARS,
by Civil Judgment recorded in Official Record Book
1384
1752 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its hame by its
Chairwoman.
Executed thiS,,/X//]~F~ day of
ATTEST: · '
COLLIER cOUNTY.~.i FLORIDA
Clerk of the Circuit Court
BOARD OF COUNTY CO ISSIO ERS
By: ~~A
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570970 OR: 2623 PG: 0022 ***
R~CORDBD in O~ICIAL R~CORDS of COLLIBR COUNTY, ~L
12/20/1999 at OI:llPM DWIGHY B. BROCK, CLBRK
RBC FBB 6.00
Re~n:
o vmo, 1999
SATISFACTION OF CIVIL d]U]3GMRNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Domingo Francisco Marroquin
PO Box 947
Immokalee FL 33934
CASE NUMBER: 88-1252-IT
bearing the date of 1st day of February
the Clerk of the Circuit Court of Collier
principal sum of
1993 recorded in the office of
County, State of Florida, securing the
**** One thousand four hundred dollars ($1,400.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2311
1805 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed. this.../~/~ day of
COLLIER'· COUNTY ,'~,. ~LORIDA
cie~k of the Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
Pam~woman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570971 OR: 2623 PG: 0023 ***
R~¢ORDBD ia O~FICIAL RECORDS of COLLIER COUNTY, FL
12120/I~9 at OI:llPK D~IG~? ~. ~OCg, CL~R[
~ F~ 6,00
CRIMIHA~ DIVISION
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Stubbs, Roy Howard
911 Jackson Street
Immokalee, FL 33934
CASE NUMBER: 92-844-MI
bearing the date of 7th day of September , 1994_ recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand fifty dollars ($1,050.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0596
1992 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
..COLL, IER ' COUNTy,;:.: ~FLORIDA
Cl~rk:. ~f.. the :.C~rc~it Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa%nela S. Mac- Ki~, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570972 OR: 2623 PG: 0024 ***
RHCORDBD in OFFICIAL RECORDS of COLLIRR COUNT~, FL
12/20/1999 ag 01:llPM DNIGHT B. BROCK, CLSRK
R~C ~8! 5,00
1999
CRIMINAL DIVISION
SATISFACTION OF CML O~JDG~RNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COM~4ISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Blakley, Jesse Thomas
4012 Rose Avenue
Naples, FL 34112
CASE NUMBER: 98-9429-MMA
bearing the date of 4th day of January , 1999
the Clerk of the Circuit Court of Collier County,
principal sum of
recorded in the office of
State of Florida, securing the
**** One hundred eight & no/100 ($108.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2360
2499 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman. ....
Execute,.d."t.hi'~:'<i'/..~.~ day of
.
ATT ,.
COLLIER COUNTY.~'.',: FLORIDA
, 7..'.:.. .,.: .'~ :
Clerk of.~.the-~:Cf~cuit Court
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie,' CMairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CML ~I3I~RNTLIEN
*** 2570973 OR: 2623 PG: 0025 ***
lt~fl01lD~l) ill 0~[ICll%l, RBCORI)$ 0[ ¢OLLIBR COUIiH, ~L
12/20/199~ ~L QI:IlP# DWIGHT B. BROCK, CL~[IK
RIIC rSB 6.00
Re~n:
CRIHIHAL DIVISION
~ ~ ~ 1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Annie Louise Thompson
4941 Jeannie Lane
Ft. Myers, FL 33923
CASE NUMBER: 91-1914-CFA
bearing the date of 21st day of October , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred seventy & no/100 ($470.00)
* DOLLARS,
by Civil Judgment recorded in Official Record Book
2328
1763 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed"this, .',.~f.~-,day of
.?' .;', ,.', , , : ,, 'ff.... ~.
ATTE~T.~i :' ..- '*,~: . /:': i:!:-
COL~...E.R' COUNTY
Clerk 'o.~ '.the ::.ci'rcuit court
, 19
BOARD OF COUNTY CO ISSION .RS
COLLIER COUNTY, FLORIDA
Pa ' ' man
Approved as to form and
legal sufficiency:
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570974 OR: 2623 PG: 0026 ***
RB¢ORD~D ia O[~ICIAL R~CORD$ of ¢OLLI~ COUHTT, ~L
12/20/1~ at OI:I1PK D~IG~! B. B~OC~, CLB~
RBC FEB 6,00
BeLn:
CRINIHA~ DIVISION
1999
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Moran, Erma a/k/a Irma Chairez
4617 Bayshore Drive
Naples, FL 33962
CASE NUMBER: 93-1401-CFA
bearing the date of 8th day of November , 1994 recorded in the office of
the Clerk of the Circuit Court of Collier Coun~, State of Florida, securing the
principal sum of
**** Three hundred five & no/100 ($305.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1464
2005 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Ex.,ecuted "this /~ day of
;~TEST :" ' '"'
:~2055IER.' :CO.U~TY, FLORIDA
':Cle~.k of. the Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~~~o
Pa man
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570975 OR: 2623 PG: 0027 ***
RBCORDBD in O[[ICI~L R~CORB$ of COLLI[R ¢0~{,
12/20/1999 at OI:llP~ D~IGH? l, BROCK,
Retn:
CRIHINAL DIVISION ~ ~ ~
SATISFACTION OF CML JUDG~qRN~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Juan Jose Ibarra
3100 Areca Avenue #12
Naples, FL 33962
CASE NUMBER: 89-2835-MMA
bearing the date of 26th day of July , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One hundred ninety-five & no/100 ($195.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1295
1636 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
ExecUted ~t,hi$..,,/C~ day of
ATTEST: · ' ..~.~,~ ~
Clerk'~Ofi:th.~'Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: m~~o
Pa man
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570976 OR: 2623 PG: 0028 ***
RBCORPBD in OP[ICIAL RBCORDS of COLLIBR COU~?L ~L
12/20/1999 at OI:I1P~ D~IGH! B. BROCK, C~BRK
R~¢ ~ 6,00
Retn:
CRIHINAL DIVISION ~ ! ~ 1999
SATISFACTION OF CML ~)G~4E~qT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COPIMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Juan Ibarra
3100 Areca Avenue #12
Naples, FL 33962
CASE NUMBER: 89-2835-MMA
bearing the date of 17th day of June , 1991 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One hundred five & no/100 ($105.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0360
1626 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execut~d~thi~.. /~ day of
.: . '.,.~ .., ~ ~, ~:.-~,~, < -, .
AT. TEST: .::>~,%
Cler~.o~ khe,,c'i~euit Court
By:
, 19~.~.
BOARD OF COUNTY COMMISSIONERS
CJ~LIER COUNTY, FLORIDA
P~irwoman
Approved as to form and
legal sufficiency:
Assistant Cou~t-y Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570977 OR: 2623 PG: 0029 ***
RNCORDND in OFPICI~L RNCORD$ of COLLIBR COUNT~, ~L
12/Z0/1999 a~ OI:llPH D~IGHT !. BROCK, CLBRE
~C ~B 6.OO
Re tn:
CRIMINRL
DI~I$IO~
1999
SATISFACTION OF CML JLqJGF~NT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Bill Summers
651 Pine Cone Lane
Naples, FL 33942
CASE NUMBER: 91-3205-MMA
bearing the date of 10th day of February , 1993 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred thirty & no/100 ($230.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1506
1796 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
/~.~ day of
Executed
this
ATTES.T:.. ~-., ,
COL~iE~: i, cO~T? ;,', ,,'FLORIDA
legal sufficiency:
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa '~~oman'
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570978 OR: 2623 PG: 0030 ***
RBCORDBD in OFFICIAL RBCORDS o[ COLLIBR COUNTY, IL
12/20/1999 aL OI:I1P~ D~IGHT ~. BROCK, CLBRK
R~C F~ 6,00
~e~n:
SATISFACTION OF CML JT3D~RNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Kevin Arnold Dean
639 92nd Avenue North
Naples, FL 33963
CASE NUMBER: 91-3314-MMA/91-4315-TM
bearing the date of 27th day of August , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand eight hundred ninety-two & no/100 ($1,892.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
196
1750 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execut,~d'~t~s!,,,/d~ day of ~~ , 19 ~
,*' ;"J~'i : "':*,, ~',~, · -
· ; ,~' ~.,,:.~..,.. ,~.. , ..
ATTEST.- '. '-.. ',~,. .: .... BOARD .QF CO~TY CO~ISSIONERS
COBL'tER/. CO~T~';..'/FbORIDA C~ I ER ~U~,, FL~DA
~ -: :~... :. ~' ;"~,.-~.~'~ 't..: ~ ....,~ ~' -'~-
,~,~, ....:..~:.'.....,.~,y,~ ..... :.
Cler~ O~[i~h'~'. CL~Cui't Court Pamela S. Mac'Kie, Chairwoman
· ,.. ....;'.~,;:.. .
Approved as to form and
legal sufficiency:
Assistant Councy Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570979 OR: 2623 PG: 0031 ***
12/20/199~ at OI:I1P~ DNIGHT B. BROCK, CLBRK
Retn:
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Kevin Arnold Dean
4365 Golden Gate Parkway
Naples, FL 33999
CASE NUMBER: 91-4316-TM/91-4317-TM/91-4318-TM
bearing the date of 4th day of March , 1992 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** One thousand fifty-five & no/100 ($1,055.00) *DOLLARS,
by Civil Judgment recorded in Official Record Book
1131
1708 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Exec,ut'e~ i'~i.~., /~, day of
. · . ~. ,~.~..,,%,,,t.¥.; ..
ATT,EST :.
Cla~t:~f ,the. C'if~uiC Court
BOARD OF COUNTY COMMISSIONERS
COL~IER COUNTY, FLORIDA
Pamela S. ac Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assis ant Couhty Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570980 OR: 2623 PG: 0032 ***
RgCORDBD in O~FICIA~ R[CORD$ of COLLIBR COUNT~, EL
12/20/1999 at OI:I1PK D~IGH? g. BROCK, CL~RK
~C ~ 6,00
~etn:
SATISFACTION OF CIVIL JUI)~ENT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COFiMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Joseph Michael Guthrie
2101 County Barn Road
Naples, FL 33962
CASE NUMBER: 92-1258-MMA
bearing the date of 22nd day of April , 1993 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Four hundred seventy-seven & 50/100 ($477.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0223
1819 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed~'.;this '/~ day of
. ,, .,~...~-.....~, "~,..
ATTEST'..: ",<~ ':.~;~'~ !'~-:
CO~L'TER' ! ~OUN~:~(~ .'FLORIDA
Clet~".Q'f '.t~'.Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
Pa~rwoman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570981 OR: 2623 PG: 0033 ***
RBCORDND in OPFICIAL R~CORDS of COLLIBR COUNTY, FL
12/20/199~ at OI:llP~ DWIGHT B, BROCK, CLBRK
RSC FSS 6.00
Re~n:
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Lester Arnold Forrest
1001 Bald Eagle Drive
Marco Island, FL 33937
CASE NUMBER: 92-4843-MMA
bearing the date of 20th day of May , 1993 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Five hundred forty-one & no/100 ($541.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2006
1832 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Ex~cuted.'~hi~. /q~day of
ATTEST:.. ', ,
:COLLIER'CoUNTy,'FLORIDA
Clerk of,..the.Circuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
pa~rwoman
Approved as to form and
legal sufficiency:
As s is k/l Coun~~ty At t orney
CRIMINAL DIVISION
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
*** 2570982 OR: 2623 PG: 0034 ***
RB¢ORDBD i~ OFfICIaL R~CORD$ Of COLLIN~ COU~?~, ~L
1~/20/19~9 a~ Ol:ll~ D~IG~? ~, BROCK, CL~R~
R~C ~S! 6,00
Re~n:
SATISFACTION OF CIVIL JUD(~T LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Kelly Eve Shaver
1140 8th Street South
Naples, FL 33940
CASE NUMBER: 92-6004-MMA
bearing the date of 31st day of March , 1993 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Five hundred seventy-eight & 50/100 ($578.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0120
1812 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~ day of
ATTEST:- '
COLLI~.R' cOUNTY/ FLORIDA
CI'eFk of the Ci~'cu±t Court
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie; C~airwoman
Approved as to form and
legal sufficiency:
Assi u ty Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
SATISFACTION OF CIVIL 0ITD(R4~T LIEN
*** 2570983 OR: 2623 PG: 0035 ***
RR¢ORDSD in O~PICIAL RRCORDS of COLLIER COUNTY, El,
12/20/1999 a~ OI:llPH D~IGHT g. BROCK, CLBRK
RSC F~S 6.00
Re ~n:
CRIHINAL DIVISION
I 1999
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Ignell, Erica Carla
4680 Golden Gate Pkwy #B
Naples, FL 33999
CASE NUMBER: 94-4510-MMA
bearing the date of 16th day of August , 1994 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred seventy-five & no/100 ($275.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2325
1977 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Approved as to form and
legal sufficiency:
Assistant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570984 OR: 2623 PG: 0036 ***
12/20/1999 at OI:llPK DWIGHT K. BROCK, CLKRK
RKC FKK 6.00
Retn:
CRZHZNAL DIVISION ~ 1 ! 1999
SATISFACTION OF CML JL~RNT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Mejia, Jose Roberto
1027 Meriham Drive
Immokalee FL 33935
CASE NUMBER: 92-1406-MI
bearin9 the date of 28th day of September , 1994 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securin~ the
principal sum of
**** Two hundred twelve & no/100 ($212.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1030
1992 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Execu~'9~ ~his .../~ day of
A~TEST:~i ....
C~LLIER COUNTY;".~LORIDA
Clerk 6f the Circuit~ourt
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa man
Approved as to form and
legal sufficiency:
As '~-?i~ t an~t Co~n~t~rney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570985 OR: 2623 PG: 0037 ***
[~¢ORI)BD in O[HClAL RECORDS of ¢OLLIBI{ COUIt?~, IL
12/20/1999 al: OI:IlPII D~IGHT ~, BROCK, CLBRK
6.00
SATISFACTION OF CML JUD6~4ENT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Casillas, Eustagio
1900 8th Ave Tara Park #93
Immokalee FL 33934
CASE NUMBER: 92-1394-MI
bearing the date of 7th day of September , 1994
the Clerk of the Circuit Court of Collier County,
principal sum of
recorded in the office of
State of Florida, securing the
**** Two hundred forty & no/100 ($240.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0660
1992 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this ./.~/~ day of
-;;G. OL.LI,~. ;COUNTY.,: FLORIDA
C.:l~r~ 'dfT t[14~ -C~%ui'{f"'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: '~~~oma
Pam n
Approved as to form and
legal sufficiency:
~~ o~u~r
Assistant C ney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX. 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570986 OR: 2623 PG: 0038 ***
12/20/199~ at OI:llP~ D~IGHT B, BROCK, CLERK
RBC ~8! 6.00
ReCn:
CRIMINAL DIVI6ION ~~ ~ ~999
SATISFACTION OF CIVIL JUDgmEnT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Pimental0 John Francis Sr
5 Oregon Tr
Naples FL 34113
CASE NUMBER: 97-8737-MMA
bearing the date of 21st day of July , 1998 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Five hundred forty-two & 50/100 ($542.50)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
3205
2443 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that-this Satisfaction be executed in its name by its
Chairwoman.
Exgcuted'this /.~.~ day of
ATTEST~:..~~. -.
COLLIER'COUNTY,- FLORIDA
COLLIER COUNTY, FLORIDA
Pamela D~ ~c~'Kle{ C~a-i~oman
Approved as to form and
legal sufficiency:
Assistant C-ou~ty Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570987 OR: 2623 PG: 0039 ***
RgCORD~D ~n OFFICIAL R~CORDS of COLLIgR COU~T~, IL
12/20/199t aC OI:IIPH DWIGHT B, BROCK, CLHRK
RSC FEB 6.00
Retn:
SATISFACTION OF CML ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
McDonald, Kenneth Neil
10111 Sandy Hollow #405
Bonita Springs, FL 34135
CASE NUMBER: 98-7158-MMA
bearing the date of 18th day of May , 1999 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** No dollars & no/100 ($0.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
1156
2550 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
/~.~ day of
Executed.
this
ATTEST:
..COLLIER.. C-..OUNTy., FLORIDA
Clerk of the Circuit Court
Approved as to form and
legal sufficiency:
Assistant Couhty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela g~ l~&c'r'K'~e~, C~aifwoman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570988 OR: 2623 PG: 0040 ***
RBCORDHD in OFFICIAL RBCORDS Of COLLIBR COUNTY, ~L
12/20/1999 aL OI:IlPH D~IGHT B. BROCK, CLBRK
Rein: -IDac- 199B .0o
CRIMINAL DIVISION
SATISFACTION OF CIVIL ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Smith, Johnny
201 E Delaware
Immokalee FL 34142
CASE NUMBER: 97-9815-MMA
bearing the date of 6th day of January , 1999 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Twenty & no/100
($20.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
0640
2501 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed.. . this.~.. ~ ~day. of , 19~
ATTEST':
COLLIER COUNTY,. ' FLORIDA
Cie~k' of the.:~Ci'~cu]'t
Approved as to form and
legal sufficiency:
AssiStant CoUnty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
2570989 OR: 2623 PG: 0041 ***
RBCORDBD in OFFICIAL RgCORDS o[ COLLIBR COUNTY, FL
12/20/199g at 01:I1PK DWlGH? B, BROCK, CLBRK
R~¢ ~! 6.00
Retn:
1999
SATISFACTION OF CML JUDG~N~T LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Morse, Brian M
3000 55 Terr SW
Naples FL 34116
CASE NUMBER: 98-6394-MMA
bearing the date of 25th day of August , 1998 recorded in the office of
the Clerk of the Circuit Court of Collier Coun~7 State of Florida, securing the
principal sum of
**** Fifty & no/100
($50.00)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2828
2459 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed'.'~.hi'S',,/.~.~ day of ~ 19~
ATTEST::'
Cl~rk of the-C~rcuit Court
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'.hairwoman
Approved as to form and
legal sufficiency:
AssiStant County Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570990 OR: 2623 PG: 0042 ***
R~¢ORDND in O~PICIAL R~CORDS of COLLIER COUNY~, ~L
12/20/1999 at 01:IlPH DWIGHT B. BROCK, CLBH
R~C ~! 6.00
Re~n:
SATISFACTION OF CML ~ LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Evans, Willie Floyd
282 Pixie Circle
Crawfordville FL 32327
CASE NUMBER: 95-1185-CFA
bearing the date of 7th day of June, 1996 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred thirty-three & no/100 ($233.00)
by Civil Judgment recorded in Official Record Book
1150
2194
*DOLLARS,
, Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman.
Executed this /~/,~w day of
TTES~:' '.. ~( ..
CO m~'i:ER.: 'dOUNTY ,":::FLOR IDA
· .: ...?'.:
Approved as [0 form and
legal sufficiency:
AssiStant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pa~el~' fl ~c~K~e/ C~air-woman
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
*** 2570991 OR: 2623 PG: 0043 ***
SATISFACTION OF CML JUDgmENT LIEN
KNOW ALL MEN BY THESE PRESENTS that the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, is the owner and holder of a certain lien against:
Hannula, Jeremy James
1300 Bembury Lane
Naples, FL 34104
CASE NUMBER: 98-388-CFA
bearing the date of 21st day of May , 1999 recorded in the office of
the Clerk of the Circuit Court of Collier County, State of Florida, securing the
principal sum of
**** Two hundred seventy-eight & 31/100 ($278.31)
*DOLLARS,
by Civil Judgment recorded in Official Record Book
2860
2552 , Page
The Board of County Commissioners of Collier County hereby acknowledges full
payment and satisfaction of said Lien, hereby surrenders the same as cancelled,
and hereby directs the Clerk of said Circuit Court to cancel the Lien of
record.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, hereby directs that this Satisfaction be executed in its name by its
Chairwoman. ~
Execut'~'.d'~this,.,~~__ay,.., . .. ~ of , 19~__
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:' ~
pam~woman
ApproVed as to form and
legal sufficiency:
AssiStant Co~Ht~ Attorney
Prepared By: DWIGHT E. BROCK
CLERK OF THE CIRCUIT COURT
P. O. BOX 413044
NAPLES, FLORIDA 34101-3044
CRIMINAL DIVISION
December 14, 1999
Item #16H2
MISCELLANEOUS CORRESPONDENCE - FILES 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 212
1999
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
DECEMBER 14, 1999
FOR BOARD ACTION:
Satisfaction of Civil Judgement Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.: 88-1252-IT, 92-
844-MI, 98-9429-MMA, 91-1914-CFA, 93-1401-CFA, 89-2835-MMA, 89-2835-MMA,
91-3205-MMA, 92-3314-MMA, 91-4315-TM, 91-4316-TM, 91-4317-TM, 91-4318-TM,
92-1258-MMA, 92-4843-MMA, 92-6004-MM 1, 94-4510-MMA, 92-1406-MI, 92-1394-
MI, 97-8737-MMA, 98-7158-MMA, 97-9815-MMA, 98-6394-MMA, 95-1185-CFA, 98-
388-CFA, 88-2140-TM, 89-79-TMC, 89-2025-TM, 89-2025-TM, 89-2026-TM, 89-2669-
TM, 89-2838-TM, 88-2165-MMA, 88-2321-MMA, 89-2838-TM, 88-2165-MMA, 88-
2321-MMA, 88-3807-TM, 89-3869-TM, 89-4751-TM, 90-1151-TMC, 90-2164-TM, 90-
2476-TM, 90-4281-TM, 90-6876-TM, 90-6877-TM, 91-206-TMC, 91-347-TM, 91-1105-
TM, 91-3222-TM, 90-6365-TM, 91-3107-TMC, 91-4809-TMC, 91-5193-TMC
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. November 10 - 16, 1999
4. Districts:
Ao
Port of the Islands Community Improvement District - Sechedule of Meetings for
1999/2000 and minutes of September 16, 1999 meeting
Bo
Fiddler's Creek Community Development District- Minutes of September 16,
1999 meeting
Golden Gate Fire Control & Rescue District - Agenda for November 10, 1999
meeting
Do
Collier Soil and Water Conservation District - Agendas for August 11, 1999 and
October 6, 1999 meetings and minutes of July 7, 1999 and August 11, 1999
meetings
Minutes:
Collier County Planning Commission - Agenda for October 21, 1999 meeting and
minutes of September 16, 1999 meeting
Pelican Bay MSTBU Advisory Committee - Agenda for
meeting
Oct
o
Other:
Ao
Collier County Airport Authority - Agenda for October 11, 1999 and minutes of
September 13, 1999
Cleveland Clinic Naples EMS and Road Impact Fees Compliance Audit (Report
No. 99-12)
December 14, 1999
Item #1611
BUDGET AMENDMENT FOR FINANCE AND ACCOUNTING DEPARTMENT FOR PAYMENT OF
REBATABLE ARBITRAGE ON THE ROAD IMPROVEMENT REFUNDING REVENUE BONDS,
SERIES 1995.
Item #16J1
RESOLUTION 99-463 AUTHORIZING THE COLLIER COUNTY HEALTH FACILITIES
AUTHORITY TO ISSUE REVENUE BONDS FOR HEALTHCARE FACILITIES AT MOORINGS
PARK.
Page 213
DEC 1999
RESOLUTION
NO. 99- 463
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE
OF HEALTH FACILITY REVENUE BONDS BY THE COLLIER COUNTY
HEALTH FACILITIES AUTHORITY, AS REQUIRED BY SECTION 147(f)
OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING
FOR OTHER RELATED MATTERS.
WHEREAS, the Collier County Health Facilities Authority (the "Authority") is a body
corporate and politic of Collier County, Florida created by Collier County Ordinance No. 79-95 duly
adopted by the Board of County Commissioners on November 20, 1979 pursuant to Part III of
Chapter 154, Florida Statutes, as amended, (the "Act") with the power to issue revenue bonds for
the purposes of financing a "project" as defined in the Act; and
WHEREAS, The Moorings, Incorporated, a Florida not for profit corporation, with certain
facilities located within the boundaries of Collier County, Florida,(the "Borrower") has requested
the Authority to issue its revenue bonds as described below for the benefit of the Borrower and to
loan all or a portion of the proceeds thereof to the Borrower for the purposes set forth herein; and
WHEREAS, the Authority caused notice of a public hearing to consider approval of the
Bonds and the location and nature of the project to be published on or before November 15, 1999,
in the Naples Daily News a newspaper of general circulation in the County, and a copy of said notice
is attached as Exhibit A (the "Notice"); and
WHEREAS, on November 30, 1999 a public hearing was held by the Authority with regard
to the issuance of the Authority's Health Facility Revenue Bonds (The Moorings, Incorporated
Project) Series 2000 in an aggregate principal amount not to exceed $33,000,000, at the conclusion
of which hearing the Authority adopted the Resolution attached as Exhibit B (without exhibits); and
WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to
Borrower to finance (including reimbursement to the Borrower of previously incurred expenses in
connection with) and refinance, which refinancing may include the refinancing and refunding of a
portion of the Authority's Health Facility Refunding Revenue Bonds (The Moorings, Incorporated
Project) Series 1994, the cost of acquisition, construction and equipping of healthcare facilities
located at 120 Moorings Park Drive, Naples, Florida, within Collier County, Florida and to pay the
costs of issuance of the Bonds (all of the property financed and refinanced with proceeds of the
Bonds being owned and operated by the Borrower); and
WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely
from funds of the Borrower; and
WHEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended
(the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County
Commissioners of Collier County, Florida approve the issuance thereof after said public hearing;
and
WHEREAS, the Board of County Commissioners desires to evidence approval of the
issuance of the Bonds solely to satisfy the requirements of the Code.
D£C 1 1999
NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier
County, Florida that:
Section 1. The Board of County Commissioners hereby approves the issuance of the
Bonds solely for purposes of Section 147(f) of the Code.
Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier County,
Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the
State of Florida or any political subdivision thereof, but shall be payable solely from the revenues
provided therefor, and neither the faith and credit nor any taxing power of Collier County, Florida,
the State of Florida or any political subdivision thereof is pledged to payment of the principal of,
premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of
Collier County, Florida or any officer, agent or employee thereof shall be liable personally on the
Bonds by reason of their issuance.
Section 3. This approval shall in no way be deemed to abrogate any regulations of
Collier County, Florida, and any and all projects contemplated to be financed with the Bonds shall
be subject to all such regulations, including, but not limited to, the Collier County Growth
Management Plan, all concurrency requirements contained therein, the Collier County Land
Development Code, and all applicable impact fee regulations.
Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held
to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full
force and effect, it being expressly hereby found and declared that the remainder of this Resolution
would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause
or provision.
~ ATTEST:
: · t DWight E. Brock, Clerk
'">'L~ p y,..,x x~'~'e-~ut-:~'e
Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED and Adopted this 14th day of December, 1999.
Attest as to Chairman's
[SEAL] slgAature onl$,
COLLIER COUNTY, FLORIDA BY
ITS BQA.RD OF COUNTY COMMISS~,ONERS
.......... , ............. /
/
Approved as to form and legal sufficiency:
Da3id C. Weigel, Couri~Attomey
A:\BCC Resolution.wlxl
2
PICK~ORTH, DONALD P.A.
5150 TANIAH! TRL N #602
NAPLES FL 34103
rOwer
both
DEC1
REFERENCE: 010784 of whiCh
57964222 NOTICE OF PUBLIC HEA refln
State of FLorida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as the Assistant Corporate Secertary of the NapLesi
Daily Hews, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising uss published in said
newspaper on dates Listed.
Affiant further says that the said Naples Daily
News is a newspaper published et Naples, in said
Collier County/ Florida/ and that the satd
newspaper has heretofore been continuously
published in said Collier County, FLorida, each
day and has been entered aa second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of I year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
promised any person, fire or coporation any
discount/ rebate/ commission or refund for ~he
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/15
All
of o Resolution of the Au-'
Bonds and
certain
FaCilities AuthoritY
Suite 60~
aring
the
Au-
AD SPACE: 150.1300 INCH
FILED ON: 11/15/99
S~orn to and subscribed before ae~,~dey of
Personally known by me
,1~,..,,¢ ~'~ ~ ~/~,,,,a,~ ,~, MyExplre~Oomml$elonDee, 1 O, CC~81~000 717
el
No. 150979]
EXHIBIT A
TO COUNTY RESOLUTION
RESOLUTION NO. 99-~ I
A RESOLUTION OF THE COLLIER COUNTY HEALTH
FACILITIES AUTHORITY AUTHORIZING THE ISSUANCE OF
ITS HEALTH FACILITY REVENUE BONDS (THE MOORINGS,
INCORPORATED PROJECT), SERIES 2000 IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED
$33,000,000 FOR THE PURPOSES OF PROVIDING FUNDS TO
MAKE A LOAN TO THE MOORINGS, INCORPORATED (THE
"BORROWER") FOR THE PURPOSES OF (i) IF SO
REQUESTED BY THE BORROWER, REFUNDING A PORTION
OF THE AUTHORITY'S HEALTH FACILITY REFUNDING
REVENUE BONDS (THE MOORINGS, INCORPORATED
PROJECT) SERIES 1994; (ii) REIMBURSING THE BORROWER
FOR THE COSTS OF ACQUISITION, CONSTRUCTION,
EQUIPPING AND IMPROVING CERTAIN HEALTH CARE
FACILITIES; (iii) FUNDING A DEBT SERVICE RESERVE
FUND AND (iv) PAYING A PORTION OF THE COSTS OF
ISSUING THE BONDS; PROVIDING A METHOD TO
APPROVE THE FORM OF, AND AUTHORIZING THE
EXECUTION OF, A SECOND RELATED SUPPLEMENTAL
LOAN AGREEMENT, A BOND PURCHASE AGREEMENT, A
SERIES 2000 BOND TRUST INDENTURE, AN ESCROW
DEPOSIT AGREEMENT AND A LETTER OF
REPRESENTATIONS; APPOINTING A TRUSTEE; PROVIDING
A METHOD TO APPROVE THE FORM AND USE OF A
PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING
THE PREPARATION AND EXECUTION OF AN OFFICIAL
STATEMENT AND THE USE THEREOF; PROVIDING FOR
THE AWARD OF THE SALE OF THE BONDS BY A
NEGOTIATED SALE; AUTHORIZING THE MEMBERS OF
THE AUTHORITY TO TAKE CERTAIN ACTION IN
CONNECTION WITH THE ISSUANCE OF THE BONDS;
MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF
THE BONDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Moorings, Incorporated (the "Borrower") has requested the Collier
County Health Facilities Authority (the "Authority") to assist the Borrower in providing funds to
(i) reimburse the Borrower for the costs of acquisition, construction, equipping and improving of
certain health care facilities owned and operated by the Borrower (ii) and if so requested by the
Borrower, refund a portion of the Authority's Health Facility Refunding Revenue Bonds (The
Moorings, Incorporated Project), Series 1994, by the issuance by the Authority of its Health
Facility Revenue Bonds (The Moorings, Incorporated Project), Series 2000 in the principal amount
of not to exceed $33,000,000 (the "Bonds"); and
EXHIBIT B
TO COUNTY RESOLUTION
1999
WHEREAS, the Authority and the Borrower expect to receive an offer from Salomon
Smith Barney Inc. (the "Original Purchaser") to purchase the Bonds, in the form of a bond
purchase contract, a proposed form of which has been provided to the Authority and is attached
hereto as Exhibit D (the "Bond Purchase Agreement"); and
WHEREAS, it is necessary and desirable to provide a method to approve the form of and
authorize the execution of a Series 2000 Bond Trust Indenture, a Second Related Supplemental
Loan Agreement, an Escrow Deposit Agreement, a Letter of Representations with The Depository
Trust Company and the Bond Purchase Agreement, to provide a method to approve the form of
a preliminary official statement and [o authorize the preparation of an official statement for the
Bonds and to establish a method to specify the interest rates, maturity dates, redemption provisions
and other details for the Bonds;
BE IT RESOLVED BY THE COLLIER COUNTY HEALTH FACILITIES
AUTHORITY, COLLIER COUNTY, FLORIDA:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, hereinafter
called the "Resolution," is adopted pursuant to Part II, Chapter 159 and Part III, Chapter 154,
Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in
this Resolution in capitalized form and not otherwise defined herein shall have the meanings
specified in the Series 2000 Bond Trust Indenture attached hereto as Exhibit A (the "Indenture"),
the Second Related Supplemental to Loan Agreement attached hereto as Exhibit B (the "Loan
Agreement") and/or the Escrow Deposit Agreement attached hereto as Exhibit C (the "Escrow
Agreement"). Words importing singular number shall include the plural number in each case and
vice versa, and words importing persons shall include firms and corporations.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as follows:
A. For the benefit of the inhabitants of Collier County, the increase of their commerce,
welfare and prosperity, and the improvement of their health and living conditions it is essential
that the inhabitants of said County have access to adequate medical care and health facilities.
B. The Authority is authorized by the Act to issue its revenue obligations hereinafter
described and in the manner herein provided, to finance the cost of healthcare facilities such as
the Series 2000 Project and to refinance bonds such as the Refunded Bonds, for private nonprofit
users such as the Borrower, to the end that the Authority may be able to improve the public health
and the commerce, welfare and prosperity of Collier County and its inhabitants, and the
requirements and criteria of the Act relative to the issuance of the Bonds have been met.
C. The issuance of the Bonds is appropriate to the needs and circumstances of Collier
County and its inhabitants and is necessary for the efficient and economic provision of adequate
medical care and health facilities within said County and shall serve a vital public purpose by
2
promoting the maintenance of the public health and by advancing the economic prosperity and
general welfare of said County and its inhabitants.
D. Adequate provision will be made under the provisions of the Loan Agreement for the
payment of the principal of, premium, if any, and interest on the Bonds. The Borrower is
financially responsible and willing to fulfill its obligations under the Loan Agreement.
E. The principal of and premium, if any, and interest on the Bonds and all payments
required under the Indenture shall be payable solely from the proceeds to be derived by the
Authority under the Loan Agreement.and the Series 2000 Note, and the Authority shall never be
required to pay the principal of, premium, if any, or interest on the Bonds or to make any other
payments provided for under the Loan Agreement or the Indenture from any funds of the
Authority other than those derived by the Authority under the Loan Agreement, the Series 2000
Note or the special funds or accounts created in connection therewith; and the Bonds shall not
constitute a lien upon any property of the Authority except as provided under and pursuant to the
Indenture.
F. The payments scheduled to be made by the Borrower to the Bond Trustee under the
Loan Agreement with respect to the Bonds will be sufficient to pay all principal of, premium, if
any, and interest on the Bonds as the same shall become due, and to make all other payments
required by such Loan Agreement and the Indenture with respect to the Bonds.
G. The Authority has been advised that due to the desire to coordinate the sale of the
Bonds and due to the present high volatility of the market for tax-exempt obligations such as the
Bonds, it is in the best interest of the Borrower to sell the Bonds by negotiated sale, and the
Authority, wishing to obtain the best interest rate on the Bonds for the benefit of the Borrower,
has determined to sell the Bonds by negotiated sale to the Original Purchaser, permitting the
Authority to enter such market at the most advantageous time, rather than at a specified advertised
date, and accordingly it is in the best interest of the Authority that a negotiated sale of the Bonds
be authorized.
H. The Authority has conducted a public hearing on this date for purposes of Section
147(f) of the Code.
SECTION 4. AUTHORIZATION OF BONDS. For the purpose of providing funds to,
(i) if so requested by the Borrower, refund the Refunded Bonds, (ii) reimburse the Borrower for
Costs of the Series 2000 Project, (iii) make a deposit in the Reserve Fund as provided in the
Indenture and (iv) pay a portion of the costs of issuance of the Bonds, obligations of the Authority
to be known as "Health Facility Revenue Bonds (The Moorings, Incorporated Project), Series
2000" are hereby authorized to be issued in the aggregate principal amount of not exceeding
$33,000,000 in the form, manner and for the purposes described in the Indenture. The Bonds will
be dated, will bear interest and will have such other specifications as provided in the Indenture
approved by the Chair (as defined in Section 5) pursuant to Section 5 hereof, provided that the
principal amount of the Bonds shall not exceed $33,000,000, the final maturity date of the Bonds
shall not be later than 30 years after the date of issuance and the arbitrage yield on the Bonds
under Section 148 of the Code may not exceed 8.0%.
SECTION 5. THE INDENTURE. As security for the payment of the principal of,
premium, if any, and interest on the Bonds, the Indenture, in the form of the draft thereof attached
hereto as Exhibit A, with, subject to the limitations set forth in Section 4, such changes, alterations
and corrections as may be approved by the Chairman or Vice-Chairman of the Authority (the
"Chair"), such approval to be conclusively presumed by the execution thereof by the Chair, is
hereby approved by the Authority, and the Authority hereby authorizes and directs the Chair to
execute the Indenture and any other member of the Authority (the "Designated Member") to attest
thereto, and to deliver the Indenture' to the Bond Trustee, all of the provisions of which, when
executed and delivered by the Authority as authorized herein, shall be deemed to be a part of this
Resolution as fully and to the same extent as if incorporated verbatim herein. The Bank of New
York is hereby appointed Bond Trustee to act under the Indenture.
SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF THE LOAN
AGREEMENT. The Loan Agreement, in the form of the d~:aft thereof attached hereto as
Exhibit B, with, subject to the limitations set forth in Section 4, such changes, alterations and
corrections thereto as may be approved by the Chair, such approval to be conclusively presumed
by the execution thereof by the Chair, is hereby approved by the Authority, and the Authority
authorizes and directs the Chair to execute the Loan Agreement and the Designated Member to
attest thereto, and to deliver the Loan Agreement to the Borrower, all of the provisions of which,
when executed and delivered by the Authority as authorized herein shall be deemed to be a part
of this Resolution as fully and to the same extent as if incorporated verbatim herein.
SECTION 7. APPROVAL OF ESCROW DEPOSIT AGREEMENT. The Escrow
Deposit Agreement (the "Escrow Agreement") is hereby approved by the Authority in the form
of the draft thereof attached hereto as Exhibit C, with such changes, alterations and corrections
as may be approved by the Chair, such approval to be conclusively evidenced by the execution of
the Chair of the Escrow Agreement, and the Chair is hereby authorized and directed by the
Authority to execute the Escrow Agreement, and the Designated Member to attest thereto, and to
deliver the Escrow Agreement to the Bond Trustee (as defined therein) upon such execution. The
Escrow Agreement shall only be executed by the Authority and the refunding of the Refunded
Bonds described therein undertaken, if the Borrower shall so request, prior to the date of issuance
of the Bonds.
SECTION 8. SALE OF BONDS: EXECUTION AND DELIVERY OF THE BOND
PURCHASE AGREEMENT. Subject to the limitations set forth in Section 4, the Chair is
authorized to award the sale of the Bonds to the Original Purchaser upon the terms and conditions
set forth in the Bond Purchase Agreement. Prior to the sale of the Bonds, the Original Purchaser
shall file with the Authority the disclosure statement required by Section 218.385, Florida Statutes,
and competitive bidding for the Bonds is hereby waived. The Bond Purchase Agreement, in the
form of the draft thereof attached hereto as Exhibit D, with, subject to the limitations set forth in
Section 4, such changes, alterations and corrections thereto as may be approved by the Chair, such
approval to be conclusively presumed by the execution thereof by the Chair, is hereby approved
BEC
by the Authority, and, upon execution thereof by the Borrower the Authority authorizes and
directs the Chair to execute the Bond Purchase Agreement and to deliver the Bond Purchase
Agreement to the Original Purchaser.
SECTION 9. APPROVAL OF PRELIMINARY OFFICIAL STATEMENT AND
AUTHORIZATION OF OFFICIAL STATEMENT. The Authority hereby approves the
Preliminary Official Statement for the Bonds, which shall be in the form of the draft thereof
attached hereto as Exhibit E, together with such changes, alterations and corrections therein as
may be approved by Donald A. Pickworth, general counsel to the Authority, and authorizes its
use by the Original Purchaser in connection with the marketing of the Bonds. Donald A.
Pickworth, general counsel to the Authority, is hereby authorized to "deem final" the Preliminary
Official Statement for the Bonds, for purposes of Securities and Exchange Commission Rule 15c2-
12. The Authority hereby approves preparation of an Official Statement relating to the Bonds,
which shall be in the form of the Preliminary Official Statement with such changes, alterations and
corrections therein as shall be necessary to reflect the terms of the Bonds and such other matters
as may be approved by the Chair, such approval to be conclusiv.ely established by execution of
such Official Statement by the Chair, and the Authority authorizes and directs the Chair to execute
the Official Statement as so approved in the name of the Authority.
SECTION 10. BOOK-ENTRY SYSTEM. Attached hereto as Exhibit F is a Letter of
Representations among the Authority, The Depository Trust Company and the Bond Trustee. The
form of such Letter of Representations, with such changes, alterations and corrections thereto as
may be approved by the Chair, such approval to be conclusively presumed by the execution
thereof by the Chair, is hereby approved by the Authority, and the Authority authorizes and
directs the Chair to execute the Letter of Representations and to deliver the same to the Bond
Trustee.
SECTION 11. NO PERSONAL LIABILITY. No covenant, stipulation, obligation or
agreement herein contained or contained in the Loan Agreement, the Indenture, the First
Supplemental Indenture, the Master Indenture, the Escrow Agreement, the Bond Purchase
Agreement, the Letter of Representations, the Bonds, or any instrument contemplated thereby shall
be deemed to be a covenant, stipulation, obligation or agreement of any officer, member, agent
or employee of the Authority in his or her indiitidual capacity, and no member of the Authority
executing the Bonds or other documents herein mentioned shall be liable personally thereon or be
subject to any personal accountability by reason of the issuance or execution thereof.
SECTION 12. NO THIRD PARTY BENEFICIARIES. Except as herein or in the
documents herein mentioned otherwise expressly provided, nothing in this Resolution or in such
documents, express or implied, is intended or shall be construed to confer upon any Person other
than the Authority, the Borrower, the Holders of the Bonds, the Original Purchaser and the Bond
Trustee any right, remedy or claim, legal or equitable, under and by reason of this Resolution or
any provision hereof or of such documents; this Resolution and such documents being intended
to be and being for the sole and exclusive benefit of such parties.
DEC
SECTION 13. PREREQUISITES PERFORMED. All acts, conditions and prerequisites
relating to the passage of this Resolution and required by the Constitution or laws of the State of
Florida to happen, exist and be performed precedent to and in the passage hereof have happened,
exist and have been performed as so required.
SECTION 14. GENERAL AUTHORITY. The Chair and any and all other members of
the Authority are hereby authorized to do all acts and things required of them by this Resolution,
the Bond Purchase Agreement, the Master Indenture, the First Supplemental Indenture, the Loan
Agreement, the Escrow Agreement, the Letter of Representations or the Indenture or desirable or
consistent with the requirements hereof or thereof, for the full punctual and complete performance
of all terms, covenants and agreements contained in the Bonds, the Loan Agreement, the Escrow
Agreement, the Master Indenture, the Bond Purchase Agreement, the Letter of Representations,
the Indenture and this Resolution. The Chair, any other member of the Authority, and the Bond
Trustee are jointly and severally authorized to subscribe for the purchase by the Authority of
United States Treasury Obligations-State and Local Government Series in connection with any
refunding of the Refunded Bonds.
SECTION 15. RESOLUTION CONSTITUTES A CONTRACT. The Authority
covenants and agrees that this Resolution shall constitute a contract between the Authority and the
Holders from time to time of the Bonds and that all covenants and agreements set forth herein and
in the Loan Agreement, the Indenture, the Escrow Agreement, the Bond Purchase Agreement, the
Letter of Representations and the Master Indenture to be performed by the Authority shall be for
the equal and ratable benefit and security of all Holders of the Bonds.
SECTION 16. SEVERABILITY. If any one or more of the covenants, agreements, or
provisions contained herein or in the Bonds shall be held contrary to any express provisions of law
or contrary to the policy of express law, though not expressly prohibited, or against public policy,
or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions
shall be null and void and shall be deemed separable from the remaining covenants, agreements,
or provisions hereof and thereof and shall in no way affect the validity of any of the other
provisions of this Resolution or of the Bonds.
SECTION 17. REPEALER. All resolutions or parts thereof of the Authority in conflict
with the provisions herein contained are, to the extent of any such conflict, hereby superseded and
repealed.
SECTION 18. EFFECTIVE DATE. This Resolution shall take effect immediately upon
its adoption.
Passed and adopted this 30th day of November, 1999.
COLLIER COUNTY HEALTH
FACILITIES AUTHORITY/~
Chairman
G:\i3556~2~Authy Bond Res(3).wpd 6
December 14, 1999
Item #16J2
RESOLUTION 99-464 AND RESOLUTION 99-465 AUTHORIZING THE HOUSING
FINANCE AUTHORITY OF COLLIER COUNTY TO ISSUE MULTI-FAMILY HOUSING
REVENUE BONDS TO BE USED TO FINANCE QUALIFYING APARTMENT PROJECTS,
WILD PINES APARTMENT AND SIERRA MEADOWS APARTMENTS.
Page 214
DEC !
RESOLUTION 99- 464
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$13,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-
FAMILY HOUSING REVENUE BONDS, SERIES 2000 (SIERRA MEADOWS
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.
and declared that:
It is hereby found, ascertained, determined
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. A public hearing was held by the Issuer on December 1, 1999
(the "Public Hearing") which public hearing was duly conducted by the
Issuer upon reasonable public notice, a copy of said notice being
attached hereto as Exhibit A, 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.
C. The Issuer has submitted to the Board of County Commissioners
a certified copy of an excerpt of the minutes of the Public Hearing,
attached hereto as Exhibit B, with respect to the issuance by it of not
to exceed $13,000,000 Housing Finance Authority of Collier County Multi-
Family Revenue Bonds, Series 1999 (Sierra Meadows Apartments) (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 Bonds shall not constitute a debt, liability or obligation
of Collier County, its Board of County Commissioners, officers, agents
or employees, or the State of Florida or any political subdivision
thereof, but shall be payable solely from the revenues provided
therefore, and neither the faith and credit nor any taxing power of
Collier County, or the State of Florida or any political subdivision
thereof is pledged to the payment of the principal of, premium, if any,
and interest on the Bonds. No member of the Board of County
Commissioners of Collier County or any officer, agent, or employee
C:\M y Files\doeumcnt\HOF A-M uhi- ,%.mily2000\R esolutionBCCSicrra Mcadows. wpd
DEC 1 1999
thereof shall be liable personally on the Bond by reason of their
issuance.
Section 2. Approval of Issuance of the Bonds. The issuance of the
Bonds 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, and the Collier County Land Development
Code.
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 14th day of December, 1999.
(SEAL)
ATTEST:
Dwight E. Brock, Clerk
.. / D'eputy Cler~~
~te=t ,-~ :to (.he, ir'man' $
COLLIER~anCOUNTY, FLORIDA
B~uYnt~Om, ~iTo~?dn7 r s/
Approved as to form and legal sufficiency:
D~vid- C. Weigel ~
County Attorney
C:\M y FilcsXdocumcnt\lt OFA -M ulti-l:,unily2000\Rcsolutio. B CCSicrra Mcadows.wpd
NapLes DaiLy News
NapLes, FL 34102
Affidavit of PubLication
NapLes DaiLy Ne~s
P[CKWORTH/ DONALD P.A.
5150 'rAM[AMI TEl. fl #602
NAPLES Ft. 34103
REFERENCE: 01078~
57964458 Notice of PuLJc Hear
State of Florida
County o? Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as tl~e Assistan~ corporate Secertary of the Naples
Daily New~, a daily new~paper pubL'~shed at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates Listed.
Affiant further says that .the said Naples Daily
Neus is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, FLorida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, ?or a period of I year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid nor
proeised any person, firm or coporation any
discount, rebate, coamHsston or refund for the
purpose of securing this advertisement for
publioetlon in the sa~d newspaper.
PUBLISHED ON: 11/16
DEC 1 a 1999
AD SPACE: 136.000 INCH
FILED ON: 11/16/99
Signature of Affiant .... ,,
Sworn to and Subscribed befo~ec~ijs .~ day of
,.fao.ally
Susan D Flora
My commission C,~581717
Expires D~. 10. 2000
EXHIBIT A TO COUNTY RESOLUTION
(SIERRA MEADOWS)
CERTIFICATE OF RECORDING OFFICER
I HEREBY CERTIFY THAT:
DEC1 1999
1. I am the duly appointed, qualified and acting Assistant Secretary of the Housing Finance Authority
of Collier County, Florida and keeper of the records thereof, including the minutes of its proceedings.
2. A meeting was duly convened on December 1, 1999, in conformity with all applicable
requirements', a proper quorum was present throughout said meeting; the motion hereinafter mentioned was
duly proposed, considered and adopted in conformity with applicable requirements; and all other
requirements and procedures incident to the proper adoption of said motion have been duly fulfilled, carried
out and otherwise observed;
3. I am duly authorized to execute this Certificate.
4. The following is a true and correct excerpt of the minutes of said meeting:
"There being no further discussion, Chairman Conroy called for a motion approving
bond issues for those projects the Authority felt should be induced. Member Tom Palmer
moved, and Member T.M. Hayes seconded the following motion: That the Authority
approve and induce both the Wild Pines and Sierra Meadows projects for the issuance of
tax~exempt bonds not exceeding $4 million for Wild Pines and $13 million for Sierra
Meadows and submit both projects to the County Commission for approval. There being
no further discussion on the motion, Chairman Conroy called for a vote, and the motion
carried unanimously."
as the same appears in the official minutes and records of the Autholrity, which minutes are on file and of
record.
DATED this 1st
(s~&),
Day of. December
,1999
Housing Finance Authority of Colli~('~ounty, Florida
By: ~.. :__,~ , i'rf.~t,&Z,.,~ ~-~a~t~n, ~ecretary
EXHIBIT B TO COUNTY RESOLUTION
(SIERRA MEADOWS)
DEC! 1999
RESOLUTION 99- 465
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING THE ISSUANCE OF NOT EXCEEDING
$4,000,000 HOUSING FINANCE AUTHORITY OF COLLIER COUNTY MULTI-
FAMILY HOUSING REVENUE BONDS, SERIES 2000 (WILD PINES
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. A public hearing was held by the Issuer on December 1, 1999
(the "Public Hearing") which public hearing was duly conducted by the
Issuer upon reasonable public notice, a copy of said notice being
attached hereto as Exhibit A, 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.
Co The Issuer has submitted to the Board of County Commissioners
a certified copy of an excerpt of the minutes of the Public Hearing,
attached hereto as Exhibit B, with respect to the issuance by it of not
to exceed $4,000,000 Housing Finance Authority of Collier County Multi-
Family Revenue Bonds, Series 1999 (Wild Pines Apartments) (the "Bonds").
D. The Issuer has recommended and requested that the Board of
County Commissioners approve the issuance of the Bonds so that the
interest on the Bonds will be exempt from federal income taxation under
applicable provisions of Section 147(a) of the Internal Revenue Code of
1986, as amended.
E. The Bonds shall not constitute a debt, liability or obligation
of Collier County, its Board of County Commissioners, officers, agents
or employees, or the State of Florida or any political subdivision
thereof, but shall be payable solely from the revenues provided
therefore, and neither the faith and credit nor any taxing power of
Collier County, or the State of Florida or any political subdivision
thereof is pledged to the payment of the principal of, premium, if any,
and interest on the Bonds. No member of the Board of County
Commissioners of Collier County or any officer, agent, or employee
C:\MyFilcs\documcn6HOFA-Multi-l~mily20OO\RcsolutionBCC Wild Pmcs.wpd
DEC1 1999
thereof shall be liable personally on the Bond by reason of their
issuance.
Section 2. Approval of Issuance of the Bonds. The issuance of the
Bonds is hereby approved, however this approval shall in no way be deemed
to abrogate any regulations of the County and the project contemplated
by this resolution shall be subject to all such regulations, including,
but not limited to, the County's Growth Management Plan, all concurrency
requirements contained therein, and the Collier County Land Development
Code.
Section 3. Repealing Clause. Ail resolutions or orders and parts
thereof in conflict herewith, to the extent of such conflict, are hereby
superseded and repealed.
Section 4. Effective Date.
immediately upon its adoption.
This Resolution shall take effect
PASSED AND ADOPTED THIS 14th day of December, 1999.
(SEAL)
~ATTEST:
~Dwight E. Brock, Clerk
· Deputy Cler'k~
stgnatm'~ ~,~Q$.
COLLIER COUNTY, FLORIDA
Approved as to form and legal sufficiency:
David C. Weigel ~
County Attorney
C:\NlyFilcs~locumcnr\llOFA-Multi*l'iu~ily2OOO\RcsohllionBCC Wild Pincs.wpd
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
PICKWORTH, DONALD P.A.
5t50 TAHIAMI TRL N #602
NAPLES FL 34103
REFERENCE: 010784
57964458 Notice of Pulic Hear
State of Florida
County of Collier
Before the undersigned authority, personally
appeared B. Lamb, who on oath says that she serves
as the Assistant Corporate Secertary of the Naples
Daily Neus, a daily newspaper published at Naples,
in Collier County, Florida: that the attached
copy of advertising was published in said
newspaper on dates listed.
Affiant~ further says that .the said Naples Daily
Neu~ is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day end has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of I year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that she has neither paid not'
promised any person, firm or coporatton any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/16
AD SPACE: 136.000 INCH
FILED ON: 11/16/99
............................................Signature of Affiant ~i ~ '--
Sworn to and Subscribed before me his ~.~ day of ~_~
DEC 1
I
Notice of Pullc Hearing r
Not ce ts herebyg 9eh that ,~,e Hous!n~ Finance Au-
thority of c0111er County (the Auth. orlty ) Will' conduct
a special meeting and public hearing on December i,
1999 at 2:00 P.m. In the County CommisSion Chambers
t_h_i.r.d floor, Bull.cling "F", Collier County CoUrthouse[
uau~ East Tamlaml Troll, Naples, FlOrida, 34112 for
the following p. urpose 6f receiving comments an(I
hearing dlscuss~on concerning the pro Osed Issuance
.of .the ~ut.hgrlt. y's Mulflfamlly Housing ~evenue Bonds
~o oe usea to nnance tho acquisition and construction
ofla. Qy or all.o~_th.e fo. llowlng prolects:. ~
. ; Name at Prolect: Sierra Meadows
Initial OWner: Sierra Meadows Apartments, Ltd.
Tax-exempt Financing Requested $13,000,000
Number of units: ' 280
Size ors to: . ' 18.62 Acres
Location South side of Rafflesnake Hammock Rd.
(CR 864), aPProximately 1300 feet
west ol C.R. 951
2, Name of Prolect Wild Pines Apartments
Initial Owner: Nlcholson Limited Pdrfnershlp
Financing Requested $4,000,000
Number of unitS; 104
Size of site:.. . 4.~ acres
I~Ocatlon: 2745 Wild Pines Lone, Nap es, FL 3411~2
'. (west side of Shadowlawn Ave.,
north of Llnwood and south of Davis Blvd.i
All Interested persons ore Invited to submit wrlffen
co~ment~ Or (fflend the hearlng, either personally Or
thr6ugh' their representative, and will b.e given an. op.-
p;0rtUn[.ty t0 .express their vi.aw, s c.oncertilg the pr0lec/s
or the ~lnanclng. Anyone deSlr!ng to rrtoke Wrlffen com.
lents In advartce of the:hearing ~0y send such com.
ments to
Housing Finance Authority of Collier County
c/o Genei'Ol Counsel, '
5150 North'Tamlam Trail, Suite 602
. Naples, F orld. a 34103 .
vvrlffen cob)abas received In advance of the hearing
a~d oral comments made of the hearing are for fha
consideration of th& Authority and wi I notblnd the Au-.
th°rlctYo'ples of the appl cat ons for financ ng are oval.
able for Inspection arid copying at the office of the Gan-
Oral Counsel set forth above.
SHOULD ANY PERSON DEC DE TO APPEAL
AN,Y DEC StON MADE BY q'HEAUTHORITy WiTH
'RESPECT TO ANY MATTER*CONSIDERED AT SUCH
HEARING, SUCH PERSON W LL NEED A RECORD OF
THE PROCEEDINGS AND, FOR THAT PURPOSE,
SUCH PERSON..MAY NEED TO ENSURE THAT A
I VERBATIAA' 'RECORD :OF THE 'PROCEEDINGS IS
AAADE~ WHICH: RECORD INCLUDES THE TEST AAONY
ANDEV DENCE UPON WHICH THE APPEAL IS TO ~E~
BASED~ ...... , Ir '
. InaCcordgn¢,e. ~lth file A. rper, lcans with P. Isepllltles
tlclpate In this-he~rrng shou d contact Donald A. Pck- -
worth, General C0unsel~.o~ (941) 263-8060 no Icder than
seven (7) days pr. lot f.o the hearing: .........
' This notice is 'gmve~ pursuam To ~eci on 14/[t) aT
the lnternal Revenue Code, asAnieded. · r
/S/John T~ Conrov, Jr., Chairman
November 16 ' No on
Susan O Flora
My Commission CC58t 717
Expires Deo. 10. 2000
EXHIBIT A TO COUNTY RESOLUTION
(WILD PINES)
CERTIFICATE OF RECORDING OFFICER
I HEREBY CERTIFY THAT:
DEC 1 1999
1. I am the duly appointed, qualified and acting Assistant Secretary of the Housing Finance Authority
of Collier County, Florida and keeper of the records thereof, including the minutes of its proceedings.
2. A meeting was duly convened on December 1, 1999, in conformity with all applicable
requirements; a proper quorum was present throughout said meeting; the motion hereinafter mentioned was
duly proposed, considered and adopted in conformity with applicable requirements; and all other
requirements and procedures incident to the proper adoption of said motion have been duly fulfilled, carried
out and otherwise observed;
3. I am duly authorized to execute this Certificate.
4. The following is a true and correct excerpt of the minutes of said meeting:
"There being no further discussion, Chairman Conroy called for a motion approving
bond issues for those projects the Authority felt should be induced. Member Tom Palmer
moved, and Member T.M. Hayes seconded the following motion: That the Authority
approve and induce both the Wild Pines and Sierra Meadows projects for the issuance of
tax-exempt bonds not exceeding $4 million for Wild Pines and $13 million for Sierra
Meadows and submit both projects to the County Commission for approval. There being
no further discussion on the motion, Chairman Conroy called for a vote, and the motion
carried unanimously."
as the same appears in the official minutes and records of the Autholrity, which minutes are on file and of
reem'd.
DATED this 1st Day of. Dece..mber ,1999
.,' . ...... , Housing Finanoe Authority of Collier County, Florida
,
'"' ~ ~," ( ' ' EXHIBIT B TO onald A Pmkworth, Asmstant Secretary
:'.,, "~" · . ·." COUNTY RESOLUTION
. c/,~.:' '"' (WILD PINES)
December 14, 1999
Item #16J3
THE COUNTY ATTORNEY WITH THE RISK MANAGEMENT DEPARTMENT DIRECTOR TO
RETAIN OUTSIDE COUNSEL TO REPRESENT THE COUNTY IN DAMAGES LAWSUITS
FILED AGAINST THE COUNTY.
Item #16K1
RESOLUTION 99-466 SUPPORTING THE WIDENING OF 846 ALONG THE SOUTH SIDE
OF IHMOKALEE REGIONAL AIRPORT.
Page 215
RESOLUTION NO. 99- 4 6 6
1999
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SUPPORTING THE WIDENING OF A
ONE-HALF MILE STRETCH OF COUNTY ROAD 846 ALONG THE SOUTH
SIDE OF IMMOKALEE REGIONAL AIRPORT
WHEREAS, the Collier County Airport Authority is in the process of applying for a
$1.4 million grant from Enterprise Florida to construct transportation facility improvements; and
WHEREAS, the $1.4 million grant monies are to be expended to four (4) lane a stretch
of County Road 846 running between Airpark Boulevard and State Road 29 (approximately one-
half mile in length) and to construct a loop road in County's nearby Industrial Park, all to
improve transportation in the vicinity of the Immokalee Regional Airport; and
WHEREAS, Enterprise Florida, (Grantor) has requested that this Board of County
Commissioners proclaim its agreement that the Airport Authority widen (to four lanes) the
above-referenced segment of County Road 846 and to have the above-described loop road
constructed, all to improve transportation in the vicinity of the Immokalee Regional Airport.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby agrees that the Collier County Airport
Authority cause to be widened (to four traffic lanes) a portion of County Road 846 running from
Airpark Boulevard to State Road 29 (approximately ½ mile) and to construct a loop road in
nearby Industrial Park to improve transportation in the vicinity of Immokalee Regional Airport.
This RESOLUTION adopted this ~ay of December 1999, after motion, second
and majority vote favoring adoption.
ATTEST:
DWIGHT E:, BROCK, Clerk
BY:'~
Deputy Clerk
Attest as to Chatrmma'l
signature onl$.
Approved as to form and
Legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONEI3S.3.
COLL~ COUNTY, FLORIDA ///
December 14, 1999
Item #16K2
IMMOKALEE REGIONAL AIRPORT-EXTENSION OF TEMPORARY USE PERMIT FOR
IMMOKALEE REGIONAL RACEWAY TO OPERATE AN AUTOMOBILE DRAG RACING
FACILITY FOR AN ADDITIONAL 6 MONTH PERIOD.
Item #16X3
AUTHORIZING AN INTERFUND LOAN OF $60,000 FROM GENERAL FUND RESERVES TO
THE AIRPORT OPERATING FUND (FUND 495).
Item #17A
ORDINANCE 99-86, CREATING THE RURAL FRINGE AREA ASSESSMENT OVERSIGHT
COM/4ITTEE! PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS,
POWERS AND DUTIES; PROVIDING FOR APPOINTMENT, COMPOSITION, TERM OF
OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR OFFICERS,
QUORUM AND RULES OF PROCEDURE; PROVIDING FOR DISSOLUTION OF THE
COMMITTEE AND REPEAL OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Item #17B
ORDINANCE 99-87, CREATING THE RURAL LANDS ASSESSMENT AREA OVERSIGHT
COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FUNCTIONS,
POWERS AND DUTIES; PROVIDING FOR APPOINTMENT, COMPOSITION, TERM OF
OFFICE, ATTENDANCE AND FILLING OF VACANCIES; PROVIDING FOR OFFICERS,
QUORUM AND RULES OF PROCEDURE; PROVIDING FOR DISSOLUTION OF THE
COMMITTEE AND REPEAL OF THIS ORDINANCE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Item #17C
RESOLUTION 99-467 AND DEVELOPMENT ORDER 99-4 RE PETITION DRI-99-1,
ALAN D. REYNOLDS, AICP, OF WILSONMILLER, INC. AND GEORGE L. VARNADOE,
ESQ. OF YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, P.A. REPRESENTING
BARRON COLLIER COMPANY, REQUESTING DEVELOPMENT APPROVAL OF .WINDING
CYPRESS., A MIXED USE DEVELOPMENT OF REGIONAL IMPACT CONTAINING
COMMERCIAL, RESIDENTIAL AND GOLF COURSE COMPONENTS, FOR PROPERTY
LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF U.S. 41 EAST AND SOUTH
OF SABAL PALM ROAD, IN SECTIONS. 26, 34 AND 35, TOWNSHIP 50 SOUTH,
RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 1,928 +/- ACRES. (COMPANION
ITEM TO PUD 99-23)
Page 216
RESOLUTION NO. 99- 4 6 7
DEVELOPMENT ORDER 99- 4
1999
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR
WINDING CYPRESS, A DEVELOPMENT OF REGIONAL
IMPACT LOCATED IN SECTIONS 26, 34 AND 35, TOWNSHIP
50 SOUTH, RANGE 26 EAST, AND SECTIONS 2 AND 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA:
WHEREAS, on September 2, 1998, Barron Collier Company, (herein "Developer"), in
accordance with Subsection 380.06(6), Florida Statutes, filed an Application for Development
Approval (ADA) of a Development of Regional Impact (DRI) known as Winding Cypress with
Collier County and Southwest Florida Regional Planning Council; and
WHEREAS, Developer has obtained all necessary approvals from Collier County agencies,
departments, and boards required as a condition to Planned Unit Development (PUD) zoning and
DRI approval; and
WHEREAS, the Board of County Commissioners as the governing body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380.06, Florida
Statutes, is authorized and empowered to consider Applications for Development Approval (ADA)
for Developments of Regional Impact; and
WHEREAS, the public notice requirements of Chapter 380 and the Collier County Zoning
Ordinance have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on the ADA on December 2, 1999; and
WHEREAS, the Board of County Commissioners has passed Ordinance 99-~ on December
14, 1999, which rezoned the subject property to PUD; and
WHEREAS, the issuance of a Development Order pursuant to Chapter 380.06, Florida
Statutes, does not constitute a waiver of any powers or rights regarding the issuance of other
development permits consistent herewith by the County or State; and
WHEREAS, on December 14, 1999, the Board of County Commissioners, at an open public
hearing in accordance with Section 380.06, Florida Statutes, having considered the Application for
Development Approval of a Development of Regional Impact submitted by Developer; the report
and recommendations of the SWFRPC; the record of the documentary and oral evidence presented
to the Collier County Planning Commission; the report and recommendations of the Collier County
Planning Commission; the recommendations of Collier County Staff and Advisory Boards; and the
record made at said hearing, makes the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
The real property which is the subject of the ADA is legally described as set
forth in Exhibit "A".
2.
(1998).
The application is consistent with Subsection 380.06(6), Florida Statutes,
1999
3. The Developer submitted to the County an ADA and sufficiency responses,
hereby referred to as composite Exhibit "B", which by reference thereto are made a part hereof to
the extent that they are not inconsistent with the terms and conditions of this Order.
4. The Developer proposes development of the Winding Cypress Development
of Regional Impact, as shown on the Master Plan attached hereto as Exhibit "C", and consisting of
1,928 acres, which includes:
A.
B.
2,892 residential dwelling units and a sales center on 437 acres;
A Village Center consisting of 10,000 square feet of Gross Floor Area
(GFA) of retail use, 10,000 square feet GFA of office space, and 10,000 square feet GFA of
recreational facilities, in addition to a clubhouse;
C. Golf Clubs, 45 holes of golf course, practice range, and maintenance
facilities on 358 acres;
D. 235 acres of lakes;
E. 66 acres of right-of-way
F. 9 acres of recreational lands; and
G. 713 acres of preserves, and 88 acres of miscellaneous buffers,
waterways, canal, and FP&L easements.
5. The development is consistent with the report and recommendations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes.
6. The development will not interfere with the achievement of the objectives of
the adopted State Land Development Plan applicable to the area.
7. A comprehensive review of the impact generated by the development has been
conducted by the appropriate County departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of Critical State
Concern pursuant to the provisions of Section 380.05, Florida Stat.ute.s., as amended.
9. The development is consistent with the current land development regulations
and the Growth Management Plan of Collier County, as amended.
10.
The development is consistent with the State Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier
County, Florida, in public meeting, duly constituted and assembled on this, the 14th day of
December, 1999, that the Winding Cypress Application for Development Approval submitted by
Developer is hereby ordered approved, subject to the following conditions:
1. ENERGY
The Winding Cypress Development of Regional Impact will incorporate the
following energy conservation features:
A. Provision of a combination bicycle/pedestrian system connecting all land uses,
to be placed along arterial and collector roads within the project. This system will be consistent with
local government requirements.
B. Provision of bicycle racks or bicycle storage facilities in recreational,
commercial, and multi-family residential areas.
C. Cooperation with Collier County in the locating of bus stops, shelters, and
other passenger and system accommodations for any future public transit system to serve the project
area.
D. Developer shall encourage builders:
(1) to use energy-efficient features in window design;
(2) to use operable windows and ceiling fans; and
(3) to install energy-efficient appliances and equipment.
(4) to include porch/patio areas in residential units.
E. Prohibition of deed restrictions, covenants, and design guidelines that would
prevent or unnecessarily hamper energy conservation efforts.
F. Reduced coverage by asphalt, concrete, rock, and similar substances in streets,
parking lots, and other areas to reduce local air temperatures and reflected light and heat.
G. Installation of energy-efficient lighting for streets, parking areas, recreation
areas, and other interior and exterior public areas.
H. Use of water closets with a maximum flush of 3.5 gallons and shower heads
and faucets with a maximum flow rate of 3.0 gallons per minute (at 60 pounds of pressure per square
3
inch). ! 4 1999
I. Selection of native plants, trees, and other vegetation and landscape design
features that reduce requirements for water, fertilizer, maintenance, and other needs.
J. Planting of native shade trees for each residential unit.
K. Planting of native shade trees to provide reasonable shade for all recreation
areas, streets, and parking areas.
L. Placement of trees to provide needed shade in the warmer months while not
overly reducing the benefits of sunlight in the cooler months.
M. Orientation of structures, as possible, to reduce solar heat gain by walls and
to utilize the natural cooling effects of the wind.
N. Provision for structural shading wherever practical when natural shading
cannot be used effectively.
O. Consideration by the project architectural review committee(s) of energy
conservation measures (both those noted here and others) to assist builders and residents in their
efforts to achieve greater energy efficiency in the development.
2. HISTORICAL/ARCHAEOLOGICAL
A. Archaeological sites 8CR786, 8CR787, 8CR788, 8CR790, 8CR791, 8CR792,
8CR793, 8CR794, 8CR795, and 8CR796 within the Winding Cypress property shall be preserved
in perpetuity and shall be recorded as "preserve" on all appropriate plats, site plans, and the Master
Development Plan for the Winding Cypress DRI.
B. In areas where the sites are located in the vicinity of proposed development,
a buffer or conservation easement averaging 25 feet in width, or equivalent protections, such as
temporary fencing or other structural barriers, shall be preserved or constructed around the
archaeological sites. Exotics removal within these areas shall be by hand labor.
C. Archaeological site 8CR789 will either be protected by burial beneath golf
course fill, or will be excavated as impact mitigation. Final preservation or mitigation arrangements
for this site shall be submitted to the Florida Department of State, Division of Historical Resources
("DHR"), the Southwest Florida Regional Planning Council ("SWFRPC"), and Collier County for
review and approval.
D.
The Developer shall actively seek registration of these sites in the National
Register of Historic Places.
4
E. The Developer shall cooperate with the DHR's investigation ot mese sites by
allowing access to the archaeological sites by properly credentialed investigators, whenever such
access can be reasonably accommodated.
F. If any additional archaeological/historical sites are uncovered during the
proposed development activities, all work in the immediate vicinity of such sites shall cease
immediately, and the Developer shall contact DHR, SWFRPC, and Collier County so that a state-
certified archaeologist can determine the significance of the findings and recommend appropriate
preservation and mitigation actions, as necessary.
G. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Historical and Archaeological Sites are hereby incorporated
by reference to the extent they are consistent with Paragraphs A-F above.
3. HURRICANE EVACUATION/FLOODPLAINS
A. All deeds to property located within the Winding Cypress DRI shall be
accompanied by a disclosure statement in the form of a covenant stating that the property is located
in a hurricane vulnerability zone, that the hurricane evacuation clearance time for Collier County or
the Southwest Florida Region is high, and/or hurricane shelter spaces are limited.
B. The Developer, or the proposed homeowners' association shall establish and
maintain a public information program for purposes of educating the development's residents
regarding the potential hurricane threat, the need for timely evacuation in the event of an impending
hurricane, the availability and location of hurricane shelters, and evacuation routes, and the
identification of steps to take to minimize property damage and to protect human life.
In order to use the above mitigation option, the Developer shall develop a continuing hurricane
awareness program and a hurricane evacuation plan. The hurricane evacuation plan shall address
and include, at a minimum, the following items:
1. operational procedures for the warning and notification of all residents
and visitors prior to and during a hurricane watch and warning period;
2. a public awareness program which addresses vulnerability, hurricane
evacuation, hurricane shelter alternatives including hotels, staying with friends and the locations of
hurricane shelters, and other protective actions which may be specific to the development;
3. identification of who is responsible for implementing the plan;
4. and other items as deemed appropriate.
1 1999
The plan shall be developed in coordination with local emergency management officials. In order
to use this mitigation option, the final plan must be found sufficient by the reviewing agencies and
must address the recommendations provided by the reviewing agencies; or alternatively, the
Developer shall commit to provision of roadway capacity requirements above and beyond those
improvements required by Rule 9J-2.0255, Florida Administrative Code; or the Developer shall
commit to provision of funds to be used for the purpose of procuring communications equipment
which would upgrade the existing warning and notification capability of local emergency
management officials. In order to use this mitigation option, the Developer must provide reasonable
assurance from the local emergency management officials regarding the provisions ability to reduce
the development's hurricane evacuation impacts.
C. The Developer has provided off-site hurricane shelter mitigation for the
Winding Cypress DRI by providing funds to the Collier County Emergency Management System
for window and door protection to the Oak Ridge Middle School pursuant to commitments made as
a result of negotiations with Collier County officials.
D. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Question 16 (Floodplains) and Question 23 (Hurricane
Preparedness), and not in conflict with the above recommendations, shall be incorporated into the
Development Order as conditions for approval.
4. STORMWATER MANAGEMENT
A. The Winding Cypress development shall require a South Florida Water
Management District (SFWMD) Environmental Resource Permit for conceptual approval of the
proposed development, for construction and operation of the proposed surface water management
system, and for proposed impacts to onsite wetlands and other surface waters.
B. The Winding Cypress Development shall require SFWMD Water Use Permits
for the proposed surface and/or groundwater withdrawals for landscape irrigation and for certain
dewatering activities proposed for construction of project lakes and/or road or building foundations.
C. At the time of permit application, the Developer shall provide verification that
the proposed system designs will meet SFWMD criteria in effect at that time.
D. The proposed surface water management system design includes the
possibility of routing additional stormwater from the north through the project site in an effort to
restore historical flow patterns. During SFWMD Environmental Resource Permit review processes,
6
1 1999
a detailed evaluation of concerns expressed by SFWMD staff about the potential for adverse impacts
to the adjacent Picayune State Forest, and concerns expressed by the City of Marco Island regarding
potential quality and quantity impacts to the City's water supply, shall occur.
E. Prior to development of the proposed golf course, the golf course developer
shall be as specific as possible in identifying to the City of Marco Island the types of turf
maintenance chemicals to be utilized on that portion of the golf course development closest to the
Marco Lakes raw water source, and the types and amounts of contamination which could result in
these waters as a result of such chemical use.
F. The Developer shall affirm in writing to the Chairperson of the City Council
of the City of Marco Island that the Developer as well as any legal successors or assigns will not
seek to restrict currently permitted City water withdrawals from the Marco Lakes borrow pits.
G. During construction activities, the Developer shall employ best management
practices for erosion and sedimentation control. These practices shall be included with or presented
on all construction plans, and shall be subject to approval by the appropriate agencies prior to their
implementation.
H. Any construction silt barriers or hay bales, and any anchor soil, as well as
accumulated silt, shall be removed upon completion of construction. Either the Developer or the
entities responsible for the specific construction activities requiring these measures shall assume
responsibility for having them removed upon completion of construction.
I. The final stormwater management plan shall consider, as applicable, measures
to reduce runoff rates and volumes, including, but not limited to, fixed control structures, perforated
pipes, and grass swale conveyances. Swales shall be used, whenever possible, rather than closed
systems.
J. Any shoreline banks created along the onsite stormwater management system
shall include littoral zones constructed on slopes consistent with SFWMD and Collier County
requirements and shall be planted in native emergent or submergent aquatic vegetation.
K. The Developer or its successor shall conduct annual inspections of the
Winding Cypress Master Stormwater Management System and the preserved/enhanced wetland
areas on the project site so as to ensure that these areas are maintained in keeping with the final
approved designs, and that the water management system is capable of accomplishing the level of
stormwater storage and treatment for which it was intended.
7
L. The Developer shall confirm to the satisfaction of all applicable federal, state,
and local review agencies, and the SFWMD, that the proposed stormwater management system will
not impact habitat of any state or federally listed plant and/or animal species occurring on site, or
that such impacts shall be mitigated to the benefit of regional populations of those species.
M. The Developer, its successors or assigns, shall undertake a regularly scheduled
vacuum sweeping of all common streets and parking areas within the development. The Developer
shall encourage any private commercial parcel owners within the development to institute regularly
scheduled vacuum sweeping of their respective streets and/or parking areas.
N. In areas adjacent to retail and office uses, the Developer or the individual site
developers, shall provide at least one-half inch of dry pre-treatment (retention or detention); or an
equivalent alternative as determined by the appropriate regulatory agencies; in order to provide
reasonable assurance that hazardous material will not enter the stormwater management system.
O. Ditch and swale slopes shall be designed to minimize discharges so that these
facilities may provide some additional water quality treatment prior to discharge. Treatment swales
shall be planted with grass or appropriate native vegetation.
P. The grassed stormwater treatment areas shall be mowed on a regular basis as
part of the normal lawn maintenance of the development. Any debris that may accumulate in project
lakes, ditches or swales, or which may interfere with the normal flow of water through discharge
structures and underdrain systems, shall be cleaned from the detention/retention areas on a regular
basis. Any erosion to banks shall be repaired immediately.
Q. Underdrain systems and grease baffles, if utilized within the Winding Cypress
DRI, shall be inspected and cleaned and/or repaired on a regular basis. In no instance shall the
period between such inspections exceed eighteen months.
R. Stormwater management system maintenance requirements shall include
removal of any mosquito-productive nuisance plant species (e.g. water lettuce, water hyacinth,
cattails and primrose willows) from all system nodes, reaches and percolation basins, as well as fi.om
the lake littoral zones employed in the system.
S. To the extent consistent with applicable stormwater management system and
environmental regulations, any isolated wading bird pools constructed in lake littoral zones shall be
excavated to a depth which provides aquatic habitat for mosquito larvae predators, such as Gambusia
affinis.
1999
! 1999
T. All commitments made by the Developer within the ADA and subsequent
sufficiency round information, related to Question 10 (General Project Description), Question 12
(Vegetation and Wildlife), Question 13 (Wetlands), Question 14 (Water), Question 15 (Soils),
Question 16 (Floodplains), Question 19 (Stormwater Management), and not in conflict with the
above recommendations, are hereby incorporated by reference.
5. TRANSPORTATION
A. The Developer or its successor or assigns shall be fully responsible for site
related roadway and intersection improvements required within the Winding Cypress DRI, including
project access points on CR 951 and US 41. The following project access points onto CR 951 and
U.S. 41 shall be located consistent with the Winding Cypress Master Plan, attached hereto as Exhibit
"C", and constructed consistent with Collier County and FDOT's permit requirements:
(1) CR 951 at North Project Entrance
(2) CR 951 at South Project Entrance
(3) US 41 at East Project Entrance
B. The Developer shall provide its proportionate share of the costs of necessary at
grade intersection improvements including, but not limited to, right of way, cost of signalization,
turn lanes, and other improvements deemed necessary by Collier County to maintain the adopted
level of service of the following significantly impacted intersections through DRI project buildout
in 2008:
(1) US 41 at CR951/SR951
(2) CR 951 at SR 84/Davis Blvd.
C. Improvements to the facilities outlined in condition 5. B, above, shall be
made at the time that the intersection is expected to operate at worse than the level of service
standard adopted in the Collier County Comprehensive Plan or shall be programmed for construction
within three years of that time. No building permits for Phase 2 of this project shall be issued unless
the improvements are: a) complete, b) under construction, c) the subject of a clearly identified,
executed and recorded local government development agreement consistent with Sec. 163.3220
through 163.3243, F.S., ensuring completion concurrent with the impacts of development; d) the
subject of a binding commitment from Collier County, ensuring completion concurrent with the
impacts of development; e) the subject of a binding commitment by the County in the current three
years of the Capital Improvements Element; or f) the subject of a binding and enforceable
1999
commitment by the Developer to provide the improvement concurrent with the impacts of
development. Any combination of the above which ensures the improvement to the facility is also
acceptable, provided the SWFRPC, Collier County, and DCA agree that the combination meets the
intent of the transportation uniform standards rule.
As an alternative to this requirement, the Developer may pay a "proportionate share
contribution", calculated consistent with the formula in Paragraph 9J-2.045 (1) (h), F.A.C., to Collier
County for this improvement. The proportionate share payment shall only be applied to the
immediate construction of one or more improvements to regional facilities significantly impacted
by the Winding Cypress DRI. A portion or the entirety of the Developer's proportionate share
contribution may be provided through the Developer's payment of Collier County road impact fees.
No building permits for Phase 2 shall be issued unless the proportionate share payment and a
commitment to use the payment for the construction ora needed improvement, in accordance with
the options listed in the paragraph above are received by the County. Any delay or change of the
proportionate share payment shall require a reanalysis of the payment amount in a Notice of
Proposed Change.
D. To determine the project impact on regional facilities, an annual monitoring
report shall be submitted to Collier County, Florida Department of Transportation, Florida
Department of Community Affairs, and SWFRPC for review and approval. The first monitoring
report shall be submitted one year after the recorded date of the approval of the Development Order
for the Winding Cypress DRI. Successive reports shall be submitted annually thereafter until
buildout of the project.
At a minimum, the report shall contain a summary of construction and development activities
to date, in the categories of development as recorded in the Development Order. In addition, the
report shall contain p.m. peak hour trip generation estimates and turning improvements at each of
the project' s access points and the off-site intersections listed in paragraph B above. The report shall
also provide a calculation of the existing level of service at the projects access points and the
facilities listed in paragraph B above. Finally, an estimate of the level of development expected to
be added by the project for the forthcoming year will be provided. The monitoring report shall
identify the status of the road improvements assumed to be committed and address any deviations
from the identified schedule.
E. The Developer shall promote efficient pedestrian and bicycle movement
10
1 1999
within and between the development's components, and to adjacent properties as deemed necessary
by Collier County. ~
F. The Developer shall promote transit service through the inclusion of bus stops
or other appropriate transit access points in site design, consistent with Collier County transit plans.
G. The Developer may select one or more of the options listed in Paragraph C
above to the extent that options provide adequate commitments for improvements indicated above
to significantly impacted regional roadways and intersections. Whatever options are exercised,
however, shall be done with the understanding that the following conditions shall be met:
(1) If annual monitoring reports lead to the conclusion that one or more
of the regional intersections are operating at worse than the adopted level of service and the project
is contributing more than 5% of the adopted level of service capacity, then further building permits
and certificates of occupancy shall not be granted until the standards of the County's Concurrency
Management System have been met.
(2) The transportation impact to the intersections identified in Paragraph
B above, shall be appropriately addressed consistent with the County's Concurrency Management
Ordinance and any Local Government Development Agreement or commitment by the Developer
and/or the local government to insure concurrency on all significantly impacted regional roads and
intersections.
6. VEGETATION AND WILDLIFE/WETLANDS
A. The need for wildlife crossings and fencing designs for roadways crossings
of the preserve areas shall be reviewed in coordination with the Florida Fish and Wildlife
Conservation Commission CFFWCC") as part of the ERP permit process.
B. Review of State listed species and habitat impacts/mitigation shall be
addressed in coordination with FFWCC during the ERP permit process based on specific site plan
details. At a minimum, the draft 7004-Acre Preserve Area Wildlife/Habitat Management Plan
submitted on June 13, 1999, shall be implemented for the preserve area.
C. A minimum of 713 acres of wetland and upland enhancement preserve area
shall remain in conservation areas post development; a conservation easement shall be placed over
all conservation areas.
D. Native landscaping shall be used to the greatest extent practical. The Project
will meet the criteria of Section 2.4.4.1. of the Collier County Land Development Code which
'l '1999
requires 75% of the required trees and 50% of the required shrubs to be native plants.
E. Impacts to any gopher tortoise burrows shall be handled through the FFWCC
Take and/or Relocation Permit process.
7. WASTEWATER MANAGEMENT/WATER SUPPLY
A. The project shall require a South Florida Water Management District water
use permit for the proposed surface and/or groundwater withdrawals for landscape irrigation. The
project may also require permits for irrigation well construction and for dewatering activities
associated with the construction of lakes, roads and building foundations.
B. The project shall utilize ultra-low volume water use plumbing fixtures, self-
closing and/or metered water faucets. The devices and methods shall meet the criteria outlined in
the water conservation plan of the public water supply permit issued to the Collier County Utilities
Division by the South Florida Water Management District.
C. South Florida Water Management District staff's estimate of the non-potable
water use (irrigation) exceeds that of the Developer (2,640,000 gallons per day versus 2,500,000
gallons per day). At the time of the water use permit application for the DRI, the Developer will be
required to provide a revised estimate for non-potable water use.
D. South Florida Water Management District may require a cumulative impact
model upon permit application. This model shall include withdrawals from surface water, the
surficial aquifer, and the Lower Tamiami aquifer by all existing legal users in the vicinity of the
Winding Cypress Development. The application shall include all related input and output files. This
model will be used to determine potential adverse impacts to the safe yield of each source, existing
legal users, legal domestic users, the lateral migration of the saline water surface, potential impacts
to existing wetlands, and possible sources of pollution.
E. The project shall obtain potable water, wastewater treatment and, eventually
non-potable water, from the Collier County Utilities Division, if Collier County determines that it
has sufficient capacity to serve the project. Should the Collier County Utilities Division determine
that it does not have sufficient capacity to serve the project, the Developer shall either construct
interim potable water, wastewater treatment and/or non-potable water facilities, or shall postpone
development until such time as the Collier County Utilities Division's service capacity is available
to the project. Any interim facilities constructed by the Developer shall be constructed to Collier
County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon
12
1 q 1999
connection to the Collier County Utilities Division facilities. Whether potable water, wastewater
treatment and/or non-potable water facilities are provided onsite or offsite, the Developer shall
demonstrate to Collier County that adequate capacity is available at the time of final plan submittal.
F. As the Winding Cypress DRI intends to utilize treated effluent for irrigation,
the Developer shall ensure that any onsite lakes, preserved or created wetlands, and the stormwater
management system are adequately buffered as may be required by regulatory agencies.
G. Temporary septic systems may be utilized in conjunction with construction
and sales offices, model homes, and rest shelters. Septic systems shall not be allowed onsite, other
than for construction and sales offices, model homes and rest shelters. All temporary septic systems
shall be properly abandoned and/or removed by a licensed septic system firm at the time when
permanent or interim wastewater treatment facilities come online.
H. All construction plans, technical specifications and proposed plats, as
applicable, for the proposed water distribution and wastewater collection systems, and any possible
onsite treatment facilities, shall be reviewed and approved by the Collier County Utilities Division
prior to commencement of construction.
I. All potable water facilities, including any possible onsite potable water
treatment plants, shall be properly sized to supply average and peak day domestic demand, in
addition to fire flow demand, at a rate approved by the appropriate agency having jurisdiction.
J. The lowest quality of water available and acceptable shall be utilized for all
non-potable water uses.
K. All commitments made by the Developer, within the ADA and subsequent
sufficiency round information, related to Question 10 (General Project Description), Question 14
(Water), Question 17 (Water Supply), and Question 18 (Wastewater Management), and not in
conflict with the above recommendations are incorporated as conditions of approval for the Winding
Cypress DRI.
8. POLICE AND FIRE PROTECTION.
A. The Developer shall meet with the Sheriff's Department to establish programs
and incorporate crime prevention measures during each phase of the site development process.
B. Fire protection shall be provided according to existing standards or fire flow
criteria promulgated by Collier County or recommended guidelines developed by the National Fire
Protection Association.
13
. zt 1999
C. Facilities qualifying under the Superfund Amendments Reauthbrization Act,
Title III of 1986, and the Florida Hazardous Materials Emergency Response and Community Right
to Know Act of 1988, shall file hazardous materials reporting applications in accordance with
Sections 302, 303,304, 311,312, or 313 thereof. Applications shall be updated annually by each
reporting facility.
9. SOLID/HAZARDOUS/MEDICAL WASTE
A. The Developer shall incorporate the solid waste demands of the project into
the county solid waste management program and explore possibilities of extending the life of the
landfill by reducing the solid waste volume with practices such as conservation, recycling, trash
compaction, and mechanical shredding.
B. Any business located within the Winding Cypress DRI, which generates
hazardous waste (as defined by Florida Statutes, Subsection 403.703(21) and Rule 17-730.030,
Florida Administrative Code,), shall be responsible for the temporary storage, siting and proper
disposal of the hazardous waste generated by such businesses. However, there shall be no siting of
hazardous waste storage facilities contrary to Collier County Zoning Regulations.
C. The Project shall be bound by all applicable recycling requirements effective
in Collier County at the time of the development.
D. Areas within buildings where hazardous materials or waste are to be used,
displayed, handled, generated or stored shall be constructed with impervious floors, with adequate
floor drains leading to separate impervious holding facilities which are adequate to contain and
safely facilitate cleanup of any spill, leakage, or contaminated water.
E. Discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by permit issued by the Florida Department of Environmental Protection.
10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN
Collier County has determined that the Winding Cypress DRI project is consistent with the
Collier County Comprehensive Plan and that the project's phasing is consistent with the County's
Concurrency Management System relative to public facilities necessary to support the project.
11. PUD DOCUMENT
There is a PUD document (Ordinance 99-~_,f_) approved by the Collier County Board of
County Commissioners on.December 14, 1999, which also governs the Winding Cypress DRI. The
Developer acknowledges that the conditions and commitments of the PUD Document also govern
14
the development and use of property within Winding Cypress, even though the PUD Document
(Ordinance 99-_) is specifically not made a part of this Development Order.
12. GENERAL CONSIDERATIONS
A. All commitments and impact mitigating actions provided by the Developer
within the Application for Development Approval (and supplementary documents) that are not in
conflict with specific conditions for project approval outlined above are officially adopted as
conditions for approval.
B. The Developer shall submit an annual report on this Development of Regional
Impact to Collier County, the Southwest Florida Regional Planning Council, the Department of
Community Affairs and all affected permit agencies as required in Subsection 380.06(18), Florida
Statutes.
C.
The development phasing schedule presented within the ADA and as adjusted
to date of Development Order approval shall be incorporated as a condition of approval. If
Development Order conditions and Developer commitments incorporated within the Development
Order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as
indicated to the extent or in accord with the timing schedules specified within the Development
Order and this phasing schedule, then this shall be presumed to be a substantial deviation for the
affected regional issue.
D. If Collier County, during the course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval of the Development
Order have occurred or that the Development Order was based on substantially inaccurate
information provided by the Developer, resulting in additional substantial regional impacts, then a
substantial deviation shall be deemed to have occurred. The monitoring checklist form contained
in Appendix IV to the SWFRPC's official recommendations for the Winding Cypress DRI shall be
used as a guide by Collier County in determining additional substantial regional impacts.
E. Pursuant to Chapter 380.06(16) F10r~da St~tu.tes, the Developer may be subj eot
to credit for contributions, construction, expansion, or acquisition of public facilities, if the
Developer is also subject to Collier County ordinances requiring impact fees or exactions to meet
the same needs. Collier County and the Developer may enter into a capital contribution front-ending
agreement to reimburse the Developer for voluntary contributions in excess of the fair share
contribution.
1999
F. This Development Order states the land uses approved in gross square feet,
acreage and parking (if applicable) consistent with the statewide guidelines and standards in Chapter
380.0651, Florida Statutes.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier
County, Florida, that:
1. The Community Development Director shall be the local official responsible for
assuring compliance with the Development Order.
2. This Development Order shall remain in effect for fifteen (15) years from the date
of adoption.
3. The definitions contained in Chapter 380, Florida St.atutes, shall control the
interpretation and construction of any terms of this Development Order.
4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes, this project is exempt from
down-zoning or intensity or density reduction for a period often (10) years from the date of adoption
of the Development Order, subject to the conditions and limitations of said Subsection of the Florida
Statutes.
5. The Developer, or its successor(s) in title to the subject property shall submit a report
annually, commencing one year from the effective date of this Development Order, to the Board of
County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and
the Department of Community Affairs. This report shall contain the information required in Section
9J-2.025(7), Florida Administrative Code. This report shall be prepared in accordance with the "DRI
Monitoring Format", as may be amended, provided by the SWFRPC. Failure to submit the annual
report shall be governed by Subsection 380.06(18), Florida St.atutes.
6. Subsequent requests for development permits shall not require further review
pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County
Commissioners of Collier County, after due notice and heating, that one or more of the following
is present. Upon a finding that one or more of the following is present, the Board of County
Commissioners of Collier County may take any action authorized by Chapter 380.06(19), Florida
Statutes, pending issuance of an amended development order:
A. A substantial deviation from the terms or conditions of this Development
Order, a substantial deviation to the project development phasing schedule, a failure to carry out
conditions, commitments or mitigation measures to the extent or in accord with the timing schedules
1999
3.6
specified herein or in the phasing schedule in the ADA, or substantial deviation from the approved
development plans which create a reasonable likelihood of additional regional impacts or other types
o£regional impacts which were not previously reviewed by the Southwest Florida Regional Planning
Council; or
B. An expiration of the period of effectiveness of this Development Order as
provided herein; or
C. If the local government, during thc course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval of the Development
Order have occurred or that the Development Order was based on substamially inaccurate
information provided by the Developer, resulting in additional substantial regional impacts, then a
substantial deviation shall be deemed to have occurred. The monitoring checklist contained in
Appendix III shall be used as a guide by the local government in determining additional substantial
regional impacts.
7. The approval granted by this Development Order is limited. Such approval shall not
be construed to obviate the duty of the Developer to comply with all other applicable local, state or
federal permitting procedures.
8. It is understood that any reference herein to any governmental agency shall be
construed to mean any future instrumentality which may be created or designated or successor in
interest to, or which otherwise possesses any of the powers and duties of any referenced
governmental agency in existence on the effective date of this Order.
9. Appropriate conditions and commitments contained herein may be assigned to or
assumed by a Community Development District formed pursuant to Chapter 190, Florida Statutes.
10. In the event that any portion or section of this Order is determined to be invalid,
illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no
manner, affect the remaining portions of this Order which shall remain in full force and effect.
11. This Order shall be binding upon the County and the Developer, their assignees or
successors in interest.
12. This Development Order shall become effective as provided by law.
13. Certified copies of this Order shall be provided to the Department of Community
Affairs and the Southwest Florida Regional Planning Council as provided in Subsection
380.06(25)(g), Florida Statutes.
17
Commissioner Norris offered the Resolution and moved its adoption, seconded by
Commissioner Carter and upon roll call the vote was:
AYES: Commissioner Norris, Commissioner Carter, Commissioner
Constantine and Commissioner Berry
NAYS: None
ABSENT AND NOT VOTING: Commissioner Mac' Kie
1999
DONE AND ORDERED this 14th day of December, 1999.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
P~mela S. Mac'rie [
Chairwoman /
MARJORIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
18
Exhibit "A"
Exhibit "B"
Exhibit "C"
LIST OF EXHIBITS
WINDING CYPRESS DRI DEVELOPMENT ORDER
Legal Description
ADA and Sufficiencies (by reference)
Master Plan
1999
G:\users\Valarie\wpS\winding cypress (1940 acres)~misc~DRAFT 2.wpd
3.9
Wils nMiller
1999
Exhibit "A"
Description of Part of Sectioos 26, 34 and 38 of
Township 50 South, Range 26 East,
and Sections 2 and 3 of
Township .51 South, Range 26 East
Collier County, Florida.
(PARCELS "A" and "B")
All 0fSection 26, Township 50 South, Range 26 East, Collier County, Florida; less and except the north 30.00 feet
(for mad right-of-way) and the west 100' (for canal right-of-way) therefrom;
AND ALSO Ali of Section 35, Township 50 South, Range 26 East, Collier County, Florida' less and except the west
60.00 feet (for canal right-of-way);
AND ALSO Part of Section 34, Township 50 South, Range 26 East, Collier County, Florida;
AND ALSO Part of Section 2 Township 51 South, Range 26 East, Collier County, Florida;
AND ALSO Part of Section 3, Township 51 South, Range 26 East, Collier County, Florida;
Being more particularly describes ns follows:
PARCEL "A":
BEGINNING at the Southeast comer of Section 2, Township 5 i South, Range 26 East, Collier County, Florida;
thence along the south line of said Section 2 North 87°01 '52" West 2718.04 feet to the South Quarter Comer ofsaid
Section 2;
thence continuing along said line North 89~27' 14" West 234.04 feet;
thence leaving said line North 54°21 '33.'_'_=.West3 802.35 feet; ..... . .................
thence North 20°14'55" East 2036.85 feet;
thence North 69°45'05" West 45.00 feet;
thence South 89°15' 14" East 60.00 feet to a point on a line lying 60 feet east of the West Line of said Section 2;
thence along said line thence North'00°44'46'' East 1350.52 feet to a point on the North Line of Section 2, said
point on a line lying 60 East of the West Line of said Section 35;
thence along said linc North 00°50'06' East 2614.26 feet;
thence continuing along said line North 00052'55'' East 26 i 9.36 feet to a point on the North Line of said Section 35;
thence along said line South 89°33'56'' East 40.00;
thence leaving said line North 00050'24'' East 2633.1 i;
thence North 00°50' 18" East 2604.59 feet to a point on the Southerly Eight of Way line of Sabal Palm Road:
thence along said Right of Way line 89037'40'' East 2541.91 feet;
thence continuing along said line South 89037'48" East 2642.29 feet to a point on the East line of said Section 26;
thence along the East Line of said Section 26 South 00°14'32'' East 2606,87 feet to the East Quarter Comer of said
Section 26;
thence continuing along said line South 00°i 5' 12" East 2636.82 feet to the Southeast Comer of said Section 26;
thence along the East Line of said Section 35 South 00°24'5 i" West 263 $.26 feet to the East Quarter Comer of said
Section 35;
thence continuing along said line South 00~23'49'' West 2637.99 feet to the Southeast Comer of said Section 35;
thence along the East Line of said Section 2 South 00°4 !'03" West 2801.67 feet to the East Quarter Comer of said
Section 2;
thence continuing along said line South 00°4 i '05" West 2750.09 to the Southeast Comer of said Section 2 and the
POINT OF BEGINNING of the parcel herein described (PARCEL "A');
Parcel Contains 1922.5 acres more or less.
Subject to easements, restrictions nnd reservations of record.
Bearings are based on the east line of the south half of Section 2 being South 02°41'05.' West.
PAGE I OF 2
Naples Fort Myers Sarasota Bradenton Tampa
3200 Bailey Lane, Suite 200 Nap/es, Florida 34105-8507 941-649-4040 ~ 941-643-5716
v/ww. wilsonmlller, corn
WilsPnMiller
Description of Part of Sections 26, 34 and 35 of
Township SO South, Range 26 East, and Sections 2 and $ of
Township 51 South, Range 26 Enst Collie~ County, Floddt
(PARCELS "A' snd "B") Contint~d;
1999
ALSO INCLUDING THE FOLLOWING:
PARCEL "B":
COIVlMENCING at the Southwest Comer of said Section 26; .~
thence along the West Line of said Section 35 South 00052'55'' West 674.12 feet;
thence leaving said line North 89007'05" West 40.00 feet to a point on a line 40 feet west of the West Line of
Section 35 and the POINT OF BEGINNING of the parcel herein described (PARCEL 'B");
thence along said line South 00052'55" West 1 i 10.23 feet;
thence leaving said line North 89°07'05" West 539.68 feet;
thence North 35039'05" East 175.97 feet;
thence northcnsterly 1066.66 feet along the nrc ora tangential circular curve concave to the northwest
-having a radius, of 2694.93 feet through a central nngle of 20°36'46" subtended by a chord which bears
North 25o20'42" East 1060.92 feet to the POfNT OF BEGINNING of the parcel herein described
(PARCEL "B").
Parcel Contains 5.7 acres more or less.
Subject to easements, restrictions and reservations of record. '
Bearings are based on the east line oft he sou~h half of Section 2 b~ing South 02°41'05" West
Total parcel contains 1928.2 acres
WILSON, teIILLER, BARTON & PEEK, INC.
Registered Engineers and Land Surveyors
Certificate of authorization #LB-43.
Michael H. Maxwell/PSM 4650
Not Valid unless embossed with the Professional's seal.
Ref. lOG-18
W.O.: N7522-007-003-MABS2
Dare: June 15, 1999
PAGE 2 OF 2
,p~ 't zt 1999
/
I
/
//
/!
Exhibit
.I
.11
WIL~ON $. MILLER
December 14, 1999
Item #17D
ORDINANCE 99-88 RE PETITION PUD-89-14(2), ANITA L. JENKINS, AICP, OF
WILSONMILLER, INC., REPRESENTING OWEN M. WARD, TRUSTEE FOR CONTRACT
ENTERPRISES, INC., REQUESTING A REZONE FROM .PUD.. TO .PUD. KNOWN AS
BREEZEWOOD PUD TO AMEND THE PUD DOCUMENT HAVING THE EFFECT OF CHANGING
THE PROPERTY OWNERSHIP, REMOVING ANY REFERENCE TO TRACT I AND TRACT II
TO ALLOW COMMERCIAL, OFFICE AND HOTEL USES TO OCCUR THROUGHOUT THE
PARCEL, AND REMOVING CONSERVATION AREAS FROM THE MASTER PLAN, FOR
PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF
IMMOKALEE ROAD (CR 846) AND 1-75, IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Item #17E
ORDINANCE 99-89 RE PETITION PUD-89-28(2), WILLIAM HOOVER OF HOOVER
PLANNING, REPRESENTING 846 DEVELOPMENTS OF NAPLES, INC. REQUESTING AN
AMENDMENT TO THE BRENTWOOD PUD FOR THE PURPOSES OF REDUCING THE
MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 40 FEET, ELIMINATING LIGHT
MANUFACTURING, WHOLESALING AND GENERAL STORE USES, ADDING COMMERCIAL
RETAIL USES AND REVISING THE WATER MANAGEMENT PLAN FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846) AND ON THE
NORTHEAST SIDE OF THE MALIBU LAKE PUD, IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Item #17F
ORDINANCE 99-90 RE PETITION PUD-93-01(5), YOUNG, VAN ASSENDERP,
VARNADOE & ANDERSON, P.A., REPRESENTING WCI COHMUNITIES, INC.
REQUESTING A REZONE FROM "PUD" TO "PUD" KNOWN AS PELICAN MARSH PUD FOR
THE PURPOSE OF AMENDING ORDINANCE 99-33 HAVING THE EFFECT OF ADDING
141.6 +/- ACRES FOR ADDITIONAL MIXED USE RESIDENTIAL AND GOLF COURSE
DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT,
AND BY REZONING THE ADDED LAND FROM "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT, FOR PROPERTY LOCATED NORTH OF VANDERBILT
BEACH ROAD AND EAST OF LIVINGSTON ROAD, IN SECTION 48 SOUTH, RANGE 25
EAST, AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. (COMPANION TO DOA-99-04)
Item #17G
ORDINANCE 99-91 RE PETITION PUD-94-01(1), BRUCE ANDERSON, ESQ., OF
YOUNG, VAN ASSENDERP, VARNADOE AND ANDERSON, AND GREG STUART, AICP, OF
STUART & ASSOCIATES, REPRESENTING LAND TRUST NAPLES, REQUESTING A
REZONE FROM "PUD" TO "PUD" KNOWN AS SIERRA MEADOWS PUD HAVING THE
EFFECT OF MODIFYING THE MASTER PLAN AND PUD DOCUMENT BY INCREASING THE
CONSERVATION RESERVE TRACT FROM 34 +/- ACRES TO 38 +/- ACRES, REDUCING
THE NUMBER OF MULTI-FAMILY DWELLING UNITS FROM 425 TO 300, AND
INCREASING COMMERCIAL SQUARE FOOTAGE FROM 160,000 TO 260,000 FOR
Page 217
December 14, 1999
PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF
RATTLESNAKE HAMMOCK ROAD AND C.R. 951, IN SECTION 22, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 90.8 +/-
ACRES.
Item #17H
ORDINANCE 99-92 RE PETITION PUD-99-18, ROBERT L. DUANE, AICP, OF HOLE,
MONTES & ASSOCIATES, INC., REPRESENTING OLDE CYPRESS DEVELOPMENT
CORPORATION, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE AND .PUD.
(OLDE CYPRESS PUD) TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS
OLDE CYPRESS PUD FOR THE PURPOSE OF INCREASING THE PROJECT ACREAGE
FROM 500.1 +/- ACRES TO 528.79 +/- ACRES AND REDUCING THE GROSS
DENSITY FROM 2.2. TO 2.1 RESIDENTIAL DWELLING UNITS PER ACRE FOR A
MAXIMUM OF 1,100 RESIDENTIAL DWELLING UNITS FOR PROPERTY LOCATED ON
THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY 1.3 MILES
EAST OF 1-75 IN SECTION 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA (COMPANION TO DOA-99-03)
Item #17I
ORDINANCE 99-93 RE PETITION PUD-99-23, ALAN D. REYNOLDS, AICP, OF
WILSONMILLER, INC. AND GEORGE L. VARNADOE, ESQ. OF YOUNG, VAN
ASSENDERP, VARNADOE AND ANDERSON, P.A., REPRESENTING BARRON COLLIER
COMPANY, REQUESTING A REZONE FROM .A. RURAL AGRICULTURE TO .PUD.
PLANNED UNIT DEVELOPMENT TO BE KNOWN AS WINDING CYPRESS FOR A MAXIMUM
OF 2,892 RESIDENTIAL DWELLING UNITS, GOLF COURSE, AND A MAXIMUM OF
30,000 SQUARE FEET OF RETAIL, OFFICE AND RECREATIONAL USES, FOR
PROPERTY LOCATED ON THE EAST SIDE OF C.R. 951, NORTH OF U.S. 41 EAST
AND SOUTH OF SABAL PALM ROAD, IN SECTIONS. 26, 34 AND 35, TOWNSHIP 50
SOUTH, RANGE 26 EAST AND SECTIONS 2 AND 3, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING 1,928 +/- ACRES.
Item #17J
ORDINANCE 99-94 RE PETITION PUD-99-24, ALAN D. REYNOLDS, AICP, OF
WILSONMILLER, INC. AND R. BRUCE ANDERSON, OF YOUNG, VAN ASSENDERP,
VARNADOE & ANDERSON, REPRESENTING G-4 PARTNERSHIP, REQUESTING A REZONE
FROM "A" AGRICULTURE AND "RSF-3" TO "PUD" PLANNED UNIT DEVELOPMENT TO
BE KNOWN AS PINE RIDGE COMMONS FOR A MAXIMUM OF 275,000 SQUARE FEET OF
RETAIL COMMERCIAL AND OFFICE USES FOR PROPERTY LOCATED ON THE
NORTHEAST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD AND
GOODLETTE-FRANK ROAD, IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 31 +/- ACRES.
Item #17K
RESOLUTION 99-468 RE PETITION CU-99-11, JASON LASKEY OF MASTEC
WIRELESS SERVICES, REPRESENTING SPRINT SPECTRUM L.P. AND GATOR AIRBOAT
TOURS, REQUESTING A CONDITIONAL USE FOR A TELECOMMUNICATIONS TOWER AND
RECREATIONAL/TOURIST BUSINESS IN THE .A-ACSC/ST. RURAL AGRICULTURAL
Page 218
December 14, 1999
ZONING DISTRICT, WITHIN AN AREA OF CRITICAL STATE CONCERN AND A
SPECIAL TREATMENT OVERLAY AREA, LOCATED AT 31112 TAMIAMI TRAIL EAST,
IN SECTION 2, TOWNSHIP 53 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
FLORIDA.
Page 219
RESOLUTION 99-4 613
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CONDITIONAL USE 23 IN THE A-ACSC/ST ZONING
DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 2, TOWNSHIP 53
SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and '
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use 23 of Section
2.2.2.3. in an A-ACSC/ST Zone for airboat tours and related facilities and communication tower on the
property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory
provision and arrangement have been made conceming all applicable matters required by said
regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier
County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Jason Laskey of MasTec Wireless Services representing Sprint Spectrum
L.P. with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use 23 of Section 2.2.2.3. of the A-ACSC/ST
Zoning District for an airboat tour facility and related facilities and communication tower and
associated exhibits in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
'~c 1 q 1999
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this ~/6/'J~-' day of ~.t.~,,&e.~, 1999.
Attest as to Chairmmn'$
s lg~a'i:ure onl,y.
: DWIGHT E. BROCK, Clerk
ApProved as to Form and
Legal Sufficiency:
Marjori~-M. Student
Assistant County Attorney
g/admin/ RESOLUTION/CU-99-1 l/DM/im
BOARD OF ZONING APPEALS
-2-
1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
o
Consistency with the Land Development Code and Growth
Management Pi~ No
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and a~~in case of fire or catastrophe:
Adequate~hgr~ & egress
Affects neighboring properties in relation to noise,
gl,~""-,'o"'c-~omic or odor effects:
~k~ No a~ect or Affect mitigated by
~Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us~distriCtNo
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
f/FINDING OF FACT CHAIRMAN/
EXHIBIT "A"
1 1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management Plan:.
Yes / No
o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/~ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes / No
Based on the above findings, this conditional u~ should_~ith
stipulations, (copy attached) (should no%) be recom~men~d for
approval
DATE: ,~-- ~-~q ~ MEMBER:
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
1999
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
o
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~j No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes ~/ No
Co
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
,//No affect or Affect mitigated by
- Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes _/ No
Based on the above findings, this conditional use sh~oul~, with
stipulations, (copy attached) (should not) be recommended for
approval
f/FINDING OF FACT MEMBER/
1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes ~/ No
Affects neighboring properties in relation to noise,
glar~f~, economic or odor effects:
~/ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~thin district
Yes ~,-/, No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval
DATE: //-/~- ~ MEMBER: ~~~ _
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the L~/~d Development Code and
Growth Management Pi~:
Yes ~ No
S o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~
Adequate ingress & e s
Yes ~/ No
Affects ~eighboring properties in relation to noise,
glare/~conomic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
DJ
Compatibility with adjacent properties and other
property in the district:
Compatible use w,~in district
Yes / No
Based on the above findings,
stipulations, (copy attached)
approval /~.<
f/FINDIN~ OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management
Yes No
S o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~ress
Yes ,~/, No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use w~.thin district
Yes %/ No
Based on the above findings, t~ditional use should, with
stipulations, (copy attached) ~(should~not) be recommended for
approval
DATE: ,,,'~..6 MEMBER: ~7/~ ~~
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU~99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and
Growth Management Plan:
Yes t/~ No
S o
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
/No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes ,/.t~ No
Based on the above findings, this conditional use should, with
stipulations, (copy attached)~a~c)- be recommended for
approval
f/FINDING OF FACT MEMBER/
1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes ~/ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~-~ No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes L/ No
Based on the above findings,
stipulations, (copy attached)
approval
th~itional use should, with
~'shoul~/ not) be recommended for
f/FINDING OF FACT MEMBER/
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-11
The following facts are found:
Section 2.6.35.6.2.4. of the Land Development Code
authorized the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ao
Consistency with the Land Development Code and
Growth Management Plan:
Yes .~ No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &~gress
Yes ~ No
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~. No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible u~ within district
Yes~ No
Based on the above findings, this conditional use should, with
stipulations, (co,_p~
approval ~w~4w~/
attached)
(should not) be recommended for
MEMBER: ~~~
f/FINDING OF FACT MEMBER/
- 1 1999
OR: 2444 PG: 0050 ***
Exhibit °A" :o Warranty Deed
O~ IJAJ~ IOOFT XN I~D~'Jl LYING S0 ~ O~ ~ SIDE OY ~ ~R
T~eh~p 52 South, R~ge 29 ~a=C on ~e 8ou~ l~e o~ ~.R. 90
T~l~p 52 ~ou~h, R~ge 29 ~iC, ~d flecCiOnl 2 ~ 11 o~
S3 Zou~h, ~e 29 EII~, ~4,9~2 feet, ~re o~ ~ell, ~o ~he Sou~h
~e=~ conveyed ~ G=~o= to Mart~ J. ~, Jr. ~d ~ L~
deed da~ed Norther 14, ~gUT; ~SO
Nozr. h line og ~ec~ion 2, To~e~p 53 Sou~h, R~ge 29 Za~ ~h~ce Bou~h 19
d~ee~ 58' WeiC Glong sa~d c~Co~ ~tn~ ~E5.8 ~eeC~ ~ce no=~en~er~y
a~ righ~ ~glel ~o said c~Ce= l~e, ~0 teaC, ~o a located ~in~ o~
~4~g~ ~ce ~ ,~Sd ~oc~Ced ~C o~ b~ng South ~ degrees
58' ~6IC ~720 ~eeC, ~e or ~ell, Co I ~ ~ ~e Ho~ ~d ~ou~h hA~
· action l~e ot said section 2I ~ence South along ~e Ho~h ~d Sou~h
~lt lec~ion line o~ Se~cionl 2.~d 1L, T~l~p 53 8ou~, R~ge 29 Ell2,
4810 teaC, ~re or less, ~o a ~in~; Ch~ce eastwardly to a ~ln~ in ~he
a~ right ~les ~r~ ,aid c~ter line; ~ce no=c~a~y along ~he ~e~c
l~e et said right of ray, parallel Co ~d 50 [ee~ ~r~ said c~er line,
~,4~ Eee~ ~re or leal, ~o ~he ~in~ of b~i~ing~ LESS ~ ~CZ~, ~y
~rCion he~eo~ con~ or ~cep~ed in deed ~ Gr~or ~o ~in ~.
~, Jr. ~d ~ L~ Ho~ da~ed Nov~er 14, 199U.
Said ~'..x'cels o£ lq. nd ~ogechec conta4-,ing 60 accel, more or lens, lying end
being ~tua~e in Collier County, Florida.
Exhibit "B"
;i
!!!1~ 1111~
i
III
t
· ~'~ 1 ~ 1999
I
,
· i I
,i
Exhibit "C"
-- /
~{~' ~J;": ;~ ' i i i i'i': ,,~ ~ ~,~ ! ~: ,.: ~
? . ,;~',,' :~..:,,.
iiii ,~i ~!!!~ . i!i,l ill
ii, ": , ~i, -;
"'"'"'"'"'
tit.il P,,li ~' ,~
,~ Iii i! ~,I ,~ .... '
: ~,,,. ,:',, i,'-
:[I, 1~ ti, : :[ ' ' ;/
Exhibit "C"
1 /~ 1999
lJllJii
II,,ilj
I
Exhibit "C"
~"'" :'I~ ~ 1~ I
Conditions for Approval of Conditional Use CU-99-11
(November 18, 1999)
The Planning Services Director may approve minor changes in the location, siting, or height of
buildings, structures, and improvements authorized by this conditional use. Expansion of the uses
identified and approved within this conditional use application, or major changes to the site plan
submitted as part of this application, shall require the submittal of a new conditional use application,
and shall comply with all applicable County ordinances in effect at the time of submittal, including
Division 3.3, Site Development Plan Review and approval, of the Collier County land Development
Code (Ordinance 91-102).
Tower lighting as required by either the Federal Communication Commission (FCC) or the Federal
Aviation Administration (FAA) shall be affixed to the proposed tower. A white strobe light for night
time lighting and red flashing beacon for day time lighting is preferred, therefore, the applicant shall
request approval of dual mode lighting from the FAA/FCC.
No outside storage of vehicles or equipment are permitted except as needed on a temporary basis for
temporary work or repairs.
No habitable building shall be placed within a fall zone/collapse area around the base of the tower as
certified by a professional structural engineer licensed to practice in the state of Florida and as
identified on the site development plan.
Prior to a certificate of occupancy all exotic vegetation as defined by the County Land Development
Code shall be removed from the approved site development plan (SDP) development footprint. All
developed areas shall be maintained free of exotics as required per Section 2.2.24.7.4.18. of the LDC.
Upon issuance, the building permit is subject to a forty-five (45) day appeal period by the Florida
Department of Community Affairs (DCA).
Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation, or other
construction activity, an historic or archaeological artifact is found, al development within the
minimum area necessary top protect the discove~ shall be immediately stopped and the Collier
County Code Enforcement Department shall be contacted.
Approval of this conditional use shall not be misconstrued or interpreted in any way as to nullify any
pre-existing stipulation as may still apply to CU-93-18 (Resolution 94-159).
1999
Exhibit "D"
AGREEMENT
1999
I,Jason Laskey of MasTec Wireless Service representing Sprint Spectrum, as authorized agent
for Petition CU-99-11, agree to the following stipulations requested by the Collier County
Planning Commission in their public hearing on November 18, 1999.
PLANNING:
STATE OF FLORIDA
COUNTY OF COLLIER
PETITIONER OR AGENT
The foregoing Agreement Sheet was acknowledged before me this
1999 by
as identification.
day of
, who is personally known to me or who has produced
(Signature of Notary Public)
NOTARY PUBLIC
Commission ti
My Commission Expires:
STATE OF FLORIDA
COUNTY OF COLLIER
REPRESENTATIVE FOR CCPC
The foregoing Agreement Sheet was acknowledged before me this ~ day of
1999 by. , who is personally known to me or who has produced
as identification.
g/admin/suc/
(Signature of Notary Public)
NOTARY PUBLIC
Commission #
My Commission Expires:
Exhibit "D"
I I I
December 14, 1999
Item #17L
RESOLUTION 99-469 RE PETITION CU-99-23, J. GARY BUTLER, P.E., OF
BUTLER ENGINEERING, INC., REPRESENTING JAMES SOPER, REQUESTING
CONDITIONAL USE "6" OF THE .RMF-16. ZONING DISTRICT FOR AN ASSISTED
LIVING FACILITY FOR PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41
SOUTH, ON LOT L, LELY GOLF ESTATES IN SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.74 +/- ACRES.
Page 220
RESOLUTION 99-4 6 9
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF AN ASSISTED LIVING FACILITY CONDITIONAL USE
"6" IN THE RMF-16 ZONING DISTRICT PURSUANT TO
SECTION 2.2.7.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "6" of Section
2.2.7.3 in an RMF-16 Zoning District for an Assisted Living Facility on the.property hereinafter
described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
-3.-
The petition filed by J. Gary Butler of Butler Engineering, Inc., representing James Soper, with
respect to the property hereinafter described as:
Tract "L", Lely Golf Estates, as recorded in Plat Book 8, Page 20 of the Official
Records of Collier County, Florida
be and the same is hereby approved for Conditional Use "6" of Section 2.2.7.3 of the RMF-I 6 Zoning
District for an Assisted Living Facility in accordance with the Conceptual Master Plan (Exhibit "B")
and subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this /~/,J;~::~ day of ~'/~ , 1999.
' ."
DWIGHT E.:.BROCK, Clerk
BOARD OF ZONING APPEALS
P~LA S. MAC'KIE, CHAI
Attest as to Ch&trman's
Approved as to Form and signature on15.
Legal Sufficiency:
Marni W. Scuderi - -
Assistant County Attorney
g/admin/CU-99-23 RESOLUTION/FR/im
1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-23'
The following facts are found:
Section 2.2.7.3.6 of the Land Development Code authorized
the conditional use.
o
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
C o
Consistency with~_b~Land Development Code and Growth
Management P1 e~~s_~ No
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and acce~n case of fire or catastrophe:
Adequat Y~esg 'r___~&, Noegress
Affects neighboring properties in relation to noise,
gl~-~, e~Cc~-------~ic or odor effects:
~No af_~_ct or Affect mitigated by
Affect ca---~ be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible us~~'~l distriCtNo
Based on the above findings, this conditional use should, with
stipulations, (c~opy attached) (should not) be recommended for
approval /~//~P
f/FINDING OF FACT CHAIRMAN/
EXHIBIT "A"
/
/
Exhibit "B"
CU-99-23
1999
1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department shall be contacted.
2. An exotic vegetation removal, monitoring, and maintenance plan for the site, with
emphasis on areas of retained native vegetation, shall be submitted to the Planning
Services Director for review and approval, prior to Site Development Plan approval.
3. The assisted living facility is limited to a one-story structure.
EXHIBIT "C"
December 14, 1999
Item #17M
RESOLUTION 99-4?0 RE PETITION V-99-20, JAMES J. JESELLA REQUESTING A
5-FOOT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10
FEET ALONG THE SOUTH PROPERTY LINE FOR PROPERTY LOCATED ON SANTA
BARBARA BOULEVARD, FURTHER DESCRIBED AS LOTS 21 AND 22, BLOCK 188,
GOLDEN GATE UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA.
Page 221
1 h 1999
RESOLUTION NO. 99- 4 7 0
RELATING TO PETITION NUMBER V-99-20,
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 hearing after notice as in said regulations made and
provided, and has considered the advisability of a 5-foot variance from the required side yard
of 15 feet to 10 feet along the south property line, as shown on the attached plot plan, Exhibit
"A", in a C-2 Zone for the property hereinafter described, and has found as a matter of fact
that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with 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-99-20 filed by James J. Jesella with respect to the property hereinafter
described as:
Lots 21 and 22, Block 188, Golden Gate Unit 6, as recorded in Plat Book 5,
Page 134 of the Official Records of Collier County, Florida.
be and the same hereby is approved for a 5-foot variance from the required side yard of 15
feet to 10 feet along the south property line as shown on the attached plot plan, Exhibit "A",
of the C-2 Zoning District wherein said property is located, subject to the following
conditions:
1. This variance is for the encroachment shown in Exhibit "A"only. Any other
encroachment shall require a separate variance.
2. The structure is limited to one story in height.
!
20' IMPROVED ALLEY
EXHIi8IT "~"
December 14, 1999
Item #lTN
RESOLUTION 99-471 RE PETITION V-99-22, KEVIN L. DENTI, BUCKINGHAM,
DOOLITTLE & BURROUGHS, FOR RONALD A. FOWLE, NAPLES CAR WASH,
REQUESTING A 15-FOOT VARIANCE AND AN 18-FOOT VARIANCE TO REDUCE THE
REQUIRED 25-FOOT FRONT YARD SETBACKS TO 10 FEET AND 7 FEET FOR A
CORNER LOT WITH DOUBLE FRONTAGE LOCATED AT 2595 EAST TAMIAMI TRAIL, IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Page 222
RESOLUTION NO. 99- 4 71
RELATING TO PETITION NUMBER V-99-22,
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 particul,o~- 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 hearing after notice as in said regulations made and
provided, and has considered the advisability of both a 15-foot variance from the required
front yard setback of 25 feet to 10 feet and an 18-foot variance from the required 25-foot
front yard setback to 7 feet as shown on the attached plot plan, Exhibit "A", in a C-4 Zone for
the property hereinafter described, and has found as a matter of fact that satisfactory provision
and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with 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-99-22 filed by Kevin Denti of Buckingham, Doolittle, and Burroughs,
LLP, representing Ronald A. Fowle of Naples Car Wash, with respect to the property
hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same hereby is approved for a 15--foot variance from the required front yard
setback of 25 feet to 10 feet and an 18-foot variance from the required 25-foot front yard
setback to 7 feet as shown on the attached plot plan, Exhibit "A", of the C-4 Zoning District
wherein said property is located, subject to the following conditions:
Exhibit "C" which is attached hereto and incorporated by reference herein.
1 1999
BE IT RESOLVED that this Resolution relating to Petition Number V-99-22 be
recorded in the minutes of this Board.
Done this
DWIGHT E. BROCK, Clerk
ttie'st as to Chat~n'S
s Jgnatue~ ~a2gpom and Legal Sufficiency:
Approveo
This Resolution adopted after motion, second and majority vote.
day of.~ ,1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLOI~DA
WOMAN
Ma/'jorie M. Student
Assistant County Attorney
G/admin/ RESOLUTION/V-99-22/DM/im
F~NC~. '
18. 7'
19.4'
42.8'
!
Exhibit "A"
Description of Part of Section 11, Township 50 South,
Range 25 East, Collier County, FTorida
O.R. 458, page 195
Lots 40 through 45 and off that portion of Lot 46 of the TAMIAMI HEIGHTS SUEDP~1SiON of
Lot ~ of the Naples Groves and Truck Company's L/trio Farms No. '2 according to the map or
plat thereof on Els and recorded in the off,ce of the Clerk of the Circuit Court of Coil(er County,
FTodda, in Plat Book 1, page 29 which is described as follows: to-wit:
Beginning at a point on the north boundary line of said Lot 46, 65 feet from the intersect/on of
said north boundary line with the Tamiam/ Trail;
thence east along said north boundary line 90 feet to the east boundary line of said Lot 46;
thence at right angles along said east boundary line of Lot 46, 114 feet to the south boundary l(ne
of said Lot 46 which is the Tam/ami Trail;
thence northwest along said southwes~ boundary line of said Lot 46 .or Tam/ami Trial, 1 ! 1.8 feet;
thence north at right angles with~the north boundary line of saiB' Lot~ 46,'47~6 feet to Point of
Beginning;
Being ali of said Lot 46 except a triar~qular'.tract'on the western, end of said Lot 46, said triangular
shaped tract being 65 feet on the north bobndary of said LOt '46, 80,6'feet on the southwest
boundary of said Lot 46 and 47.6 feet on the eastern end of said tract.
Subject to easements, restrictions and reservations of record.
LESS AND EXCEP77NG THEREFROM O.R. 825, page 651 ..
Lot 40, and the west 33 feet of Lot 41, and the vacated Oils/ odfacent to said lots, of the
TAMIAMI HEIGHTS SUBDMSION, of Lot ,~,,T of the Naples Groves and Truck Company's
l. Jffle Farms No. 2, according to the plat thereof recorded in Plat Book 1, page 29, of the Public
Records of Collier County, FTorida; together with the following described portion of Lot 46 of
the aforesaid TAMIAMI HEIGHTS SUBDIVISION of Lot 33:
Commencing at the northeasterly comer of Lot 46;
thence along a portion of the northerly line of Lot 46, South 89'26'50' West 14.00 feet to
the Point of Beginning.;
thence once again on a portion of said North line, South 89'26'56" West, 76.00 feeC
thence South 00'30'50' East, 16.74 feet to the northerly right-of-way, line of Tamiomi
Trial and the southerly line of Lot 46;
thence South 52*00'2-0' East, 97. 11 feet;
thence North 00'30'50- West, 77.27 feet to the Point of Beginning and the vacated alley
adjacent thereto.
Bearings are based on the north right-of-way line' of Tamiami Trail (US 41) being North
52.00'~0- West.
{
,41.SO LESS AND EXC£P17NG THEREFROM O. Ro 2403, page 2386
Thorne portions of Lots 44, 45 and 46, Tom/ami Height Subdivision in Section 11, Township 50
South, Range 25 East, as' per plat thereof recorded n Plot Book , page 29, Public Record~ of
Collier County, Florida, being described as follows:
Commence at the northeast comer *of Lot 4,~ of said subdivision, said comer being on the west
llne of a 20 foot street (per said plat);
thence along maid west line South 00[$1'44 £ast, 269.49 feet to the northerly existing
r~ght-of-way line of State Road 90 (U.S. 41) (per Section 03010-2116) and the beginning of a
curve concave westerly;
~hence along said northerly existing right-of-way .line, the arc of said curve to the right, having
radius of 25.00 feet, a central angle of 21'10'12', an arc length of 9.24 feet, the chord for
which beam South 10'0,~'22' West to the end of said curve and the beginning of a curve
concave northerly for a Point of Beginning;
thence continue along said northerly existing right-~of-woy line, the arc of said curve to the
right, having o radium of 25.00 feet, a central angle of I07'20'43', an arc length of 46.84
feet, the chord for which bears South 74°18'50- West to the end of said curve;
thence North 52'00'49' West, 90.74 feet along said northerly existing right-of-way line;
thence North 00'31'44' West, 25.56 feeC
thence South 52'00'49' East ~ 17.32'feet to the beginning of a curve concave northerly;
thence along the arc of said curve to the. left, havin~ a radius of 28.00 feet, a central angle of
J7'49'56', an arc length of 18.49 feet, the chord for which bears North 84'40'28"
East to the end of said curve and the Point of Beginning.
Subject to easements and restrictions of record.
Containing 27867 sq. ff. more or less.
Bearings ore based on the north right-of-way line of Tamlami Troll [US 41) being Nor'~h
52'00'49' West.
Certificate of authorization
Exhibit "B"
Conditions for Approval of Variance V-99-22
(November 18, 1999)
Approval of this variance shall not be misconstrued or interpreted in any way as to allow a
modification, enlar§ement, or intensification of any existing structure, equipment, or use, which lies
within the front yard setbacks, and which was not approved by this petition.
If the vacuuming and car drying area is ever relocated or removed, or if the primary usc of this
business changes or is converted to another use, the new business shall meet all site development
standards of the Land Development Code and the shade canopy and non-conforming equipment shall
be removed from the front yard setback.
The proposed shade canopy shall meet all standards of the LDC and will be subject to Collier County
site development plan (SDP) and architectural review requirements.
1999
Exhibit "C"
December 14, 1999
Item #170
RESOLUTION 99-472 AND DEVELOPMENT ORDER 99-5 RE PETITION DOA-99-03,
ROBERT L. DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC.,
REPRESENTING OLDE CYPRESS DEVELOPMENT CORPORATION, REQUESTING AN
AMENDMENT TO THE OLD CYPRESS DEVELOPMENT ORDER NO. 86-1, AS AMENDED,
(FORMERLY KNOWN AS WOODLAND,S DRI) FOR THE PURPOSE OF ADDING 28.7 +/-
ACRES AND DECREASING THE GROSS DENSITY FROM 2.2 TO 2.1 DWELLING UNITS
PER ACRE, LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846) IN
SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 528.79 +/- ACRES. (COMPANION TO PUD-99-18)
Page 223
1999
RESOLUTION NO. 9 9- 4 7 2
DEVELOPMENT ORDER NO. 9 9- 5
A RESOLUTION AMENDING DEVELOPMENT ORDER 86-1,
AS AMENDED, FOR THE WOODLANDS DEVELOPMENT
OF REGIONAL IMPACT TO NOW BE KNOWN AS THE
OLDE CYPRESS DEVELOPMENT OF REGIONAL IMPACT
BY PROVIDING FOR: SECTION ONE: AMENDMENTS TO
FINDINGS OF FACT SECTION TO CHANGE THE NAME OF
THE PROJECT TO OLDE CYPRESS, TO INCREASE THE
ACREAGE' OF THE PROJECT AND TO INCREASE THE
ACREAGES ATTRIBUTABLE TO RESIDENTIAL
DEVELOPMENT AND TO ADD A PRESERVATION AREA;
AMENDMENTS TO CONCLUSIONS OF LAW SECTION TO
CHANGE THE NAME OF THE PROJECT OWNER;
AMENDMENTS TO THE DRAINAGE/WATER QUALITY
SECTION, THE FLOOD PLAIN/HURRICANE EVACUATION
SECTION AND THE TRANSPORTATION SECTION TO
REFLECT THE CHANGE IN PROJECT NAME TO OLDE
CYPRESS; AMENDMENTS TO THE HISTORICAL/
ARCHEOLOGICAL SECTION TO FURTHER DESCRIBE THE
PRESERVE/ARCHEOLOGICAL AREAS AND PROVIDE
DEVELOPMENT STANDARDS THEREFOR; AMENDMENTS
TO THE WETLANDS SECTION TO REFLECT THE PROJECT
NAME CHANGE AND CHANGES IN THE AMOUNT OF
WETLANDS PRESERVED; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, CONCLUSIONS OF LAW; AND
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDER. TRANSMITTAL TO
DEPARTMENT OF COMMUNITY AFFAIRS AND
EFFECTIVE DATE.
WHEREAS, the Immokalee Road Partnership and Greg Cabiness filed on December 6,
1983 with the County of Collier an Application for Development Approval (ADA) of a
Development of Regional Impact (DRI) known as the Woodlands in accordance with Section
380.06, Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order No. 86-1 (the "Development Order") for the Woodlands DRI on November
6, 1986; and
WHEREAS, subsequent to the approval of Development Order No. 86-1, the Board of
County Commissioners of Collier County, Florida approved several amendments to said
Development Order; and
WHEREAS, Olde Cypress Development, Ltd., a Florida limited partnership (hereinafter
"Olde Cypress"), the successor in interest to the Immokalee Road Partnership, desires to make
certain revisions to the plan of development and Development Order as amended, for the
Woodlands DRI, now to be known as the Olde Cypress DRI, and to make certain changes to the
development approved therein; and
- 1
Words underlined are additions; words struck thrcugh are deletions.
1999
WHEREAS, "Olde Cypress", through its authorized agent, has filed its application and
notice of proposed change to Development Order No. 86-1, as amended, which is attached hereto
and incorporated herein as Exhibit "B"; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to The Woodlands
DRI Development Order No. 86-1, as amended; and
WHEREAS, the Collier County Board of County Commissioners passed Ordinance No.
c)~..~ on ~ fi.qr , 1999, which had the effect of amending the PUD zoning district for the
Woodlands development previously approved in Ordinance No. 99-27; and
WHEREAS, on ~/(/ , 1999, the Board of County Commissioners of Collier
County, Florida in accordance with Section 380.06, Florida Statutes, having considered "Olde
Cypress'" application and notice of proposed change to the Woodlands DRI Development Order
No. 86-1, as amended, and record made at said hearing, and having considered the record of the
documentary and oral evidence presented to the Collier County Planning Commission, the report
and recommendation of Collier County Planning Staff and Advisory Boards, the report and
recommendations of the Southwest Florida Regional Planning Council, the Board of County
hereby approves the following Woodlands DRI Development Order
Commissioners
amendments.
NOW,
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN
A. Paragraphs 3 and 4 of the Findings of Fact Section of Development Order 86-1, as
amended, for the Woodlands DRI is hereby amended to read as follows:
The real property which is the subject of the ADA and of the proposed changes to
T~e x?,rZC, dln~S Olde Cyp. ress is legally described as set forth in Exhibit B
attached hereto and by reference made a part hereof.
The applicant proposes the development of The W~cdl",,ndz.
pursuant to the ADA, and the terms and conditions of this Development Order, as
the same may be amended. The development consists of 599.11 528.8 acres
which includes a maximum of 165,000 square feet of commercial retail on a
maximum of 12.5 acres, residential development of 1,100 dwelling units on
approximately 132.0 152,5 acres, approximately 176.2 acres of preservation area,
and approximately 157.8 161.7 acres of lakes, open space, an 18-hole golf course
and 2.1 acres of lake/preservation area to preserve archaeological resources. The
-- 2 --
Words underlined are additions; words ctruck through are deletions.
1999
general plan of development is depicted on Exhibit "A" attached,hereto and
incorporated herein by reference, although the acreages referenced therein and
stated herein may vary somewhat to accommodate site conditions, topography
and environmental permitting requirements.
B. The general introductory paragraph of the Conclusions of Law Section of Development
Order No. 86-1, as amended, for the Woodlands DRI is hereby amended to read as follows:
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida, in public meeting, duly constituted and
assembled October 22, 1996, that the Development of Regional Impact Application for
Development Approval as amended pursuant to the Notice of Proposed Change
submitted by the.--.--...~....~.,T'~'""~'~ ~......~'a ~D~'*...~....~...}.U~ Olde Cworess.. _ LTD.. a Florida Limited
Partnership is hereby ordered approved subject to the following conditions in response to
the Southwest Florida Regional Planning Council's recommendations and the
commitments specified in the ADA and NOPC which are hereby adopted as conditions of
approval of this Development Order, so long as they are consistent with the terms and
conditions of this Development Order, as amended:
c. Subparagraph b. of Paragraph 1 entitled "Drainage/Water Quality" of the
Conclusions of Law Section of Development Order No. 86-1, as amended, for the Woodlands
DRI is hereby amended to read as follows:
b. An ongoing monitoring maintenance and sampling program shall be
designed by the Petitioner subject to review and approval by the Planning
Services Department (DSD) and the Florida Department of Environmental
Protection to determine concentrations of potential Pollutants in the
parcel's lakes, preserves, and groundwater. The details of the monitoring
program shall be mutually agreed upon between the Petitioner, the
Development Services Department, and the Florida Department of
Environmental Protection at a date prior to the commencement of site
development. Details of the monitoring program are hereby incorporated
by reference into this Development Order. The monitoring program shall
include:
1. Surface water in lakes, cypress preserves, and other retention
areas;
2. Groundwater monitoring of selected locations;
3. Lake sediment monitoring;
4. A sampling frequency adequate to allow assessment of pollution;
5. If any violation of the State water quality standards are attributable
¢/ord$ underlS, ned are add±t::i, ons; word8 ctrucl: ,4. ..... *' are delet;5on~
Z)F .I k 1999
to the development, the causation will be modified or stopped (if
deemed necessary to h~ the Development Services Department)
and remedial action taken and, upon the request of the Planning
Services Department, more intensive monitoring will occur.
Lastly, if during this monitoring program a wellfield protection
ordinance is adopted by Collier County, The~ W~od!ands Olde
Cypress shall be subject to the more stringent of the two programs.
D. Paragraph 3, entitled "Floodplain/Hurricane Evacuation" of the Conclusions of
Law Section of Development Order No. 86-1, as amended, for the Woodlands DRI is hereby
amended to read as follows:
3. FLOODPLAIN/HURRICANE EVACUATION: The Woe. al!ands Olde Cypress
DRI location has a natural elevation of twelve to fourteen feet above mean sea
level and is well beyond the expected flooding areas of hurricanes in categories
one through three. However, the project area is on a major evacuation route for
the Ceounty and one mile east of an 1-75 interchange offering excellent access to
and from major evacuation routes. The potential for on-site public/common areas
to be used as public hurricane shelters would provide a use of regional benefit.
E. Paragraph 4 entitled "Historical/Archaeological" of the Conclusions of Law
Section of Development Order No. 86-1, as amended, for the Woodlands DRI is hereby amended
to read as follows:
4. HISTORICAL/ARCHAEOLOGICAL: No historical or archaeological sites are
known to exist on the original Woodlands DRI site. However, a regionally
significant burial site is located..,....,.~,,.-.,.,,~,.,~./itm'mr~'4;~+~! ..... v~,o,+ ,,,~' +'~,-v ~,~,~'4+~ on lands comufisim,_ _
28.68 acres in Section 22 along the eastern edge of the Olde C,vpress DRI. A +2.1
acre preserve area i~ provided to protect this archaeological resource area which is
comprised of a lake/muck and buffer area.
A survey of the original DRI site, reviewed by the Florida Department of State,
Division of Historical Resources, encountered no cultural resources on site. The
only potential area which may contain archaeological resoumes is a small area of
cypress located within the wetland preservation area. These resources may occur
within an area of deep muck deposit. No impacts are proposed for this area.
Conditions:
a. If during the course of site cleating, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
Words underlined are additions; words ...... ~ ~ ..... ~ are deletions
1999
discovered, all development at that location shall be immediately stopped
and the State Division of Archives and Development Services Department
notified. Development will be suspended for a sufficient length of time to
enable the Development Services Department or a designated consultant
to assess the find and determine the proper course of action in regard to its
salvageability. The Development Services Department will respond to
any such notification in a timely and efficient mmmer so as to provide
only a minimal interruption to any constructional activities.
Evaluation of a historical/archaeological site shall include but not be
limited to its determination as a site of regional or local significance,
impact minimization by incorporating the site into preservation or green
space areas, or other mitigation actions.
The State Department of Archives and the County Development Services
Department shall be provided access to the project for monitoring
purposes any time during the life of the project.
the ±2,1 acre lake/mortuary preserve area will be surrounded by a 25-foot
protective buffer;
the buffer will be maintained in a natural state; should tree removal, tree or
shrub planting or other disturbance occur as part of the maintenance or
landscape of the buffer, a professional archaeologist will be present to
monitor these activities:
preservation of the lake/mortuary and buffer will be in pe~etuity;
no ~xcav~tion will be permitted within the ±2.1 acre lake/mortuary:
a professional archaeologist will monitor installation of any pipes, drains.
or other equipment necessary_ to construct and/or maintain the three lake
system:
h. inadvertent discoveries of human remains or mortuary_ artifacts made
0uring routine maintenance or site development activities will be handled
as required in Section 2.2.25.8.1 of the Collier County_ Land Development
Code.
F. Certain subparagraphs of Paragraph 5 entitled "Transportation" of Development
Order No. 86-1, as amended, for the Woodlands DRI is hereby amended to read as follows:
- 5 -
Words underlined are additions; words ...... '~ ~ ..... ~ are deletions
o
D, ?3 b, 1999
TRANSPORTATION
a. GENERAL:
The Wozd!ands Olde Cypress
846).
(1)
(2)
(3)
DRI has direct access to hnmokalee Road (CR
The Applicant, its successors or assigns shall be fully responsible for site-
related roadway and intersection improvements required within ri:the
Woodlands Olde C_vpress DRI. The Applicant shall be required to pay its
proportionate share of the cost for any intersection improvements
(including, but not limited to, signalization, turn lanes, and additional side
street or driveway through lanes) found to be necessary by Collier County
for the project's access intersections onto Immokalee Road.
For purposes of this section, "significant impact" is defined as when the
project traffic on any road segment/intersection equals or exceeds 5% of
LOS D, peak-hour, peak-season capacity of the roadway/intersection.
The We. cdlands Old C.vpress development is predicted to have a
"significant impact" on the following roadway segments:
Lee County:
Bonita Beach Road;
- 1-75 to CR 887
Collier County:
CR 951
- Immokalee Road to Vanderbilt Beach Road
- Immokalee Road to Bonita Beach Road
- Vanderbilt Beach Road to Golden Gate Boulevard
Immokalee Road:
- Goodlette Road to Airport Road
- Airport Road to Livingston Road extension
- Livingston Road extension to 1-75
- 1-75 to Oaks Boulevard
- Oaks Boulevard to ~3rc. zdl"~nds the
road entrance
- Woodlands main access road and CR-951
Olde C',roress main access
(4)
The following intersections are predicted to be "significantly impacted" by
The Wc, od!c~nds Olde C_vpress project:
- 6 -
Words underlined are additions; words ...... u ~ ..... ~ are deletions
(5)
(6)
(7)
Immokalee Road at Airport Road
Immokalee Road at Livingston Road extension
Immokalee Road at 1-75
Immokalee Road at Oaks Boulevard
Immokalee Road at Logan Boulevard extension
Immokalee Road at Project Entrance
Immokalee Road at CR 951
CR 951 at Vanderbilt Beach Road
Immokalee Road at Goodlette Road
The W,vo~lan~z Olde Cypress actual impact on the road segments and
intersections specified in (3) and (4) hereof and the service level of each of
the above referenced road segments and intersections shall be empirically
determined by the County using the monitoring reports required by
CONDITION 5.b.(5).
The County has adopted a Road Impact Fee Ordinance, and the developer,
or its successors in interest, shall pay the "impact fees" specified by said
ordinance for all development in The ',Voc~!~g Olde C_vpress. These
impact fees, together with that portion of gasoline taxes and ad valorem
taxes generated from the project and its inhabitants and programmed for
road improvements, and compliance with the conditions contained in
Paragraph 5.b., shall mitigate the transportation impacts reasonably
attributable '",.. The uT~,^,~....~, · ,....,.~.~,~ Qlfl~,_G.3~ilr. g~ development.
An analysis of the County's proposed schedule for improvements to the
roadway segments and intersections significantly impacted by ~
Wc.~d!n~ndg Olde Cypress indicates that the local government will be able
to provide the transportation facilities at the approved level of service
consistently with the development schedule for The Wocfi?~nds Olde
~ as set forth in the PUD document, with the potential exceptions of
that section of County Road 846 from 1-75 to CR 951, The section of
Bonita Beach Road located in Lee County has already been improved by
Lee County to four lanes divided.
(i) By adopting this development order Collier County is making no
commitment to improve Can'ell Road or any other road in Lee
County, however, CONDITION (4) shall be applicable.
- 7 -
Words underlined are additions; words struck thrcugh are deletions.
(ii) By adopting this Development Order, Collier County has
determined that if the developer complies with CONDITION 2, it
will have made adequate provision for its impacts on the roadway
segment of CR 846 between 1-75 and CR 951.
(8) Collier County, has estimated the time frame in which each of the road
segments/intersections significantly impacted by this development shall
need improvement to maintain the requisite level of service adopted by the
County, as the same may be amended from time to time, and has
ascertained that it can provide the transportation facilities consistent with
the development schedule of ~v~.~ nr^~.~,~.~.~ Olde Cwress Exhibit E;
however, the County makes no guarantee to the developer that said
roadway segments/intersections shall not fall below the requisite level of
service in spite of this commitment of the County to provide said facilities
consistent with the Development Schedule.
(9) By accepting this Development Order, developer understands and agrees
that, although the proposed schedule of the County for improving the
roadway segments/intersections significantly impacted by ~
Olde C_vpress would indicate that it will have the ability to keep the
necessary transportation improvements at the requisite level of service
consistent with the development schedule of The Wozfilands Olde
Qvpress, the County is not guaranteeing the same to the developer and
developer understands and agrees the County shall not be liable to
developer for its inability to have said facilities available consistent with
the development schedule of Zl:~qq~&~sdtam~ Olde Cypress.
CONDITIONS:
(1) Based on the transportation assessment of significant project impacts,
construction of the following transportation improvements or acceptable
substitutes or alternatives shall be needed coincident with, development o~
~ The Wz~fi!ands ~ DRI, if adopted level of service
conditions are to be maintained through project buildout on significantly
impacted regional road segxnents and intersections:
Immokalee Road
C.R. 951 to Airport Road
Airport Road to Goodlette-
Frank Road
The Woodlands to 1-75
Four Lanes
Four Lanes
Six Lanes
- 8 -
Words underlined are additions; words struck through are deletions.
C.R. 951
Immokalee Road to Golden
Gate Boulevard
Immokalee Road to Bonita
Beach Road
Livingston Road
Immokalee Road to Vander-
bilt Beach Road
Bonita Beach Road
1-75 to C.R. 887
(7)
Ordinance:
(i)
(ii)
(iii)
Four Lanes
Two Lanes
(or alter-
native im-
provement)
Two Lanes
Four or Six Lanes
In addition to the provisions of the Collier County APF
The Woodlands Olde Cypress DRI is subject to the specified
requirements of the Adequate Public Facilities Ordinance No. 93-
82 as that Ordinance existed on the effective date hereof. Any
amendment to the transportation portions of that Ordinance by
Collier County shall not be effective or applied to the Woodlands
Olde Cypress DRI unless and until this Development Order is
amended to incorporate and render applicable such changes or
amendments to the APF Ordinance.
In the event that Collier County designates an ASI around a
deficient road segment that is predicted to be substantially
impacted by Tke Wood!".mdr. the Olde C.vpress Project, and the
ASI does not include the Wec, d!n~d: Olde C.vpress DRI, then the
applicant shall be required to file a Notice of Change of this
Development Order with Collier County, the Southwest Florida
Regional Planning Council, and the Department of Community
Affairs, pursuant to Subsection 380.06(19), Florida Statutes.
The applicant shall file a Notice of Change within sixty (60) days
from the date the County creates an ASI for such a deficient road
segment that excludes the Wccdlands Olde C.vpres$ DRI. The
applicant shall file with the Notice of Change, a current traffic
analysis and other information attempting to establish that the DRI
- 9 -
Words underlined are additions; words struck tkrcugh are deletions.
(9)
(i)
is not having a substantial impact upon the pertinent road segment,
or other justification of the County's exclusion of the DRI from the
ASI. If an ASI is established for any deficient road segment listed
in Section 5 of this Development Order that does not include the
Woodlands Olde Cypress DRI, the DRI shall not apply for or be
issued any further Certificates of Public Facilities Adequacy until:
(1) the Notice of Change decision is made by Collier County, if
DCA did not submit written objections to Collier County pursuant
to Subsection 380.06(19)(0, Florida Statutes and the change is
adopted by Collier County, as proposed; or (2) until any appeal of
such decision to the Florida Land and Water Adjudicatory
Commission is resolved.
The applicant, its successors or assigns shall submit an annual
traffic monitoring report to the following entities: Collier County,
Florida Department of Transportation (FDOT), Florida Department
of Community Affairs (FDCA), and the Southwest Florida
Regional Planning Council (SWFRPC). The first traffic
monitoring report will be submitted one year after the date of the
issuance of the first building permit for a residential building
within the Woodlands Ol~le C_vpress DRI. Reports must be
submitted annually thereafter until buildout of the project. The
annual traffic monitoring report will contain the following
information:
AM and PM peak hour mining movement counts at all site access
points onto Immokalee Road and a comparison of the Project's
measured trip generation to the Project's trip generation assumed in
the original DRI analysis.
(ii)
A summary of the status of road improvements assumed to be
committed in the ADA, including the following:
Road
Pine Ridge Road
Airport-Pulling Road
Segment Type of
Improvement
1-75 to C.R. 951
Golden Gate Blvd. To
4 - lane
4 - lane
- 10 -
Words ~underlined are additions; words struck through are deletions.
Golden Gate Boulevard
C.R. 951
Livingston Road (North)
Immokalee Road
Goodlette Road
Santa Barbara Boulevard
/Logan Boulevard
C.R. 846
1-75 to C.R. 951 2 - lane
Golden Gate Parkway 4 - lane
to East Golden Gate
Boulevard
C.R. 846 to Lee County 4 - lane
Line
U.S. 41 to 1-75 4 - lane
Pine Ridge Road to 4 - lane
C.R. 846
Green Canal to Pine 4 - lane
Ridge Road
(12)
(13)
The above-traffic monitoring report, in combination with the
Annual Update and Inventory Report (AUIR) referenced in
Condition 5.B.(4), above, represents the annual traffic monitoring
requirements for the Wocdland's Olde Cypress DRI.
The applicant assigned a significant number of Woodlands Olde C.vpress
trips to the proposed Parklands South Access Road from the Parklands
boundary southward, in Phase IV (ending 2004) of ~ Olde
C_vpress. The Parklands South Access Road is now being replaced by an
extension of C.R. 951 located to the east and north of Immokalee Road.
This relocation is consistent with the County's 2020 Financially Feasible
Plan. A sixty foot (60') road right-of-way is now being provided on the
west boundary of =gh~4~qam~ Olde C.vpress from Immokalee Road to
the north property line. These substitute for the Parklands South Access
Road.
The applicant also assigned a significant number of Weod!andz, Olde
Cypress trips to the proposed Livingston Road Extension between
Immokalee Road and Vanderbilt Beach Road during Phase V (ending
2007). If this road segment is not constructed by the specified Phase, the
project shall undergo a determination as to whether a substantial deviation
has occurred. An amended development order shall be rendered alter any
substantial deviation determination, whether found to be a substantial
deviation or not.
Paragraph 7 entitled "Wetlands" of the Conclusions of Law Section of
- 11 -
Words underlined are additions; words struck thrcugh are deletions.
Development Order 86-1, as amended, for the Woodlands DRI is hereby amended to read as
follows:
7. WETLANDS' The x, Vecd!~nac, Olde Cyp. re~8 site contains a total of 258 176 acres
of preserved wetlands which accounts for 72°,/0 33% of the total site. Most of the
cypress and a major portion of the transitional wetlands are part of a major slough
system which traverses the eastern portion of the site. As a result of pumped
discharges associated with the agricultural operations located both west and north
of the project site, along with drainage improvements such as the canal located
immediately south of the project site adjacent to Immokalee (CR 846) Road, the
overall site has experienced an altered hydroperiod. Presently the exotic
melaleuca is diffused throughout the site, but no specific locations or acreages of
impacted areas have yet been delineated.
The applicant commits that wetlands will be impacted by roads, golf cart
crossings, lakes and golf course only to implement the approved Master Plan,
attached hereto as Exhibit "A", and only as authorized by the permit issued by the
South Florida Water Management District, attached hereto and marked Exhibit
"C". As mitigation for wetland impacts, the applicant has committed to a series of
mitigation measures such as wetland and upland buffer zone preserve areas,
upland preserve areas, lake littoral and limnetic zone creation, exotic invaded
wetland restoration and hydroperiod restoration, and off-site mitigation, as more
specifically stated in Exhibit "C".
Conditions
The applicant commits to wetland preservation, wetland mitigation and water
management design presented within Exhibit "C" and as depicted in Exhibit "A"
as conditions of approval.
H. Exhibit "A", Map "H", Master Plan of Development Order 86-1, as amended, for
the Woodlands DRI is hereby amended by replacing said Map "H" with a new
Map "H", Master Plan attached hereto and incorporated by reference herein as
Exhibit "A".
SECTION TW'O: FINDINGS OF FACT
A. The approved land uses within the Olde Cypress DRI are depicted on Ma "H",
Master Plan, which is marked Exhibit "A", attached hereto and incorporated by reference
herein.
B.
C.
The application is in accordance with Section 380.06(19), Florida Statutes.
The development of Olde Cypress on 528.8+ acres of land shall include the land
uses described in the above Findings of Fact at Paragraph 4.
- 3.9. -
Words ~ are additions; words ct--ack thrcu~h are deletions.
D. The requested amendment to the previously approved Development Order is
consistent with the report and review of Southwest Florida Regional Planning Council.
E. A comprehensive review of the impact generated by the requested amendments
has been conducted by the County Departments and the Southwest Florida Regional
Planning Council.
F. The development is not in an area designated an Area of Critical Slate Concern
pursuant to the provisions of Section 380.06, Florida Statues.
SECTION THREE: CONCLUSIONS OF LAW
A. The requested amendment of this previously approved Development Order is
consistent with the report and recommendations of the Southwest Florida Regional
Planning Council and does not constitute a "substantial deviation" pursuant to Section
380.06(19), Florida Sta tues.
B. The proposed amendment to the previously approved Development Order will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed amendment to the previously approved Development Order is
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
D. The proposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
A. Except as amended hereby, Development Order 86ol, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over all other applicable previous and
subsequent Development Orderamendments which are in conflict thereof.
B. Copies of this Development Order No. ~ .~..., shall be transmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land and Water
Management and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
- 13 -
Words underlined are additions; words struck thrcugh are deletions.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board. This Resolution adopted after motion, second and majority vote.
Done this /4~ dayof ,1~..~o , 1999.
ATTEST: '. -:
DWIGHT E.'. BROCK, Clerk
Boar. d of County Co.mmissione~
'~~, Attest as to Chalrm~n'$
Approved as to Form and Legal Sufficiency
Ma~jotJ~ M. Studehi- v -
Assistant County Attorney
DRI OLDE CYPRESS DEVELOPMENT ORDER/md
- 14 -
Words underlined are additions; words struck through are deletions.
m J ' ~
:i:i:!:i':':':':':':':':':':':':':':'
FORM RPM-BSP-PROCHANGE- 1
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
(904) 4884925
1999
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed Change to a
previously approved DRI be made to the local government, the regional planning agency, and the
state land planning agency according to this form.
I, Robert L. Duane, the undersigned owners/authorized representative of Olde Cypress
Development, LTD., a Florida Limited Partnership, hereby give notice of a proposed
change to a previously approved Development of Regional Impact in accordance with
Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following
information concerning the Woodlands DRI now to be known as Olde Cypress
Development of Regional Impact, which information is true and correct to the best of my
knowledge. I have submitted today, under separate cover, copies of this completed
notification to Collier County, to the Southwest Florida Regional Planning Council, and
to the Bureau of Local Planning, Department of Community Affairs.
Date(P .~ ~ /qq'f
Signature
Signature
EXHIBIT "B"
\~-IMA_NAPLF~WP~i 998~1998152~d~Nofice of Chang¢~FORM RPM-BSP.doc
o
Applicant (name, address, phone).
RESPONSE:
Mr. Paul Hardy
The Strand
5645 Strand Blvd., Ste. 3
Naples, Florida 34110-7300
Authorized Agent (name, address, phone)
RESPONSE:
Robert L. Duane, AICP
Hole, Montes & Associates, Inc.
715 Tenth Street South
Naples, Florida 34102
Tel. (941) 262-4617
Location (City, County, Township/Range/Section) of approved DRI and proposed
change.
RESPONSE:
The Olde Cypress DRI is located in Section 21, Township 48 South, Range 25 East.
Lands to be added to this Notice of Change are located in Section 22, ToWnship 48
South, Range 25 East, and comprise _+_28.69 acres and are located just to the east of Olde
Cypress. (See location map.)
Provide a complete description of the proposed change. Include any proposed
changes to the plan of development, phasing, additional lands, commencement date,
buildout date, development order conditions and requirements, or to the
representations contained in either the Development Order or the Application for
Development Approval.
Indicate such changes on the project master site plan, supplementing with other
detailed maps, as appropriate. Additional informntion may be requested by the
Department or any reviewing agency to clarify the nature of the change or the
resulting impacts.
RESPONSE:
a)
The proposed change is to incorporate 28.69 acres to the east of the Olde Cypress
DRI into the project. The number of dwelling traits will remain the same in the
project, which are l, 100 dwelling units. The gross project density will decrease
from 2.2 to 2.1 dwelling units per acre. There is no increase in commercial floor
b)
c)
d)
e)
g)
h)
i)
area and no change to the phasing schedule, commencement date or build out
date.
1999
There is a minor incrcasc in traffic, in this proposed Notice of Changc. 'l*l~crc is
5.9% increase in daily trips and a 5.4% increase in p.m. trips comparcd to thc
1996 Notice of Change. This is a result of the increasc of single family units in
the project and a decrease in multi-family units (see Exhibit 4, Traffic Analysis).
However, there was a decrease in daily trips of+ 16% in the 1996 Notice of
Change, with the reduction of 360 dwelling units and 35,000 s.f. of commercial
area. Therefore, the proposed Notice of Change is still below the initial ADA
parameters.
Furthermore, the lands to be added to this Notice of Change, comprising 28.69
acres at seven dwelling units per acre, will result in a reduction of density for the
lands to be added. For example, assuming .4- 6.63 trips per multi-family unit,
1,2
00 trips will be further reduced from the surrounding road network which will
serve to offset the increase in trips from the 1996 Notice of Change, as a practical
matter.
The name of the project developer will change from the Immokalee Road
Partnership to Olde Cypress Development Ltd., a Florida Limited Partnership in
addition to name changes throughout deleting reference to the Woodlands.
The acres of residential development in the Findings of Fact Section will increase
from 133 acres to 152.5 acres. Water management areas will increase from 157.8
acres to 161.7 acres.
Map H attached to the Development Order will increase gross project acreage
from 500.11 acres to 528.79 acres, right-of-way will increase from 20.6 acres to
23.8 acres including changes to water management areas as noted.
Language has been added to the HistoricaFArcheological Section to note that no
archeological resources have been identified on the lands to be added to the DRI.
References have been deleted referring to the Development Services Department
throughout the document and replaced with the Planning Services Department.
In the 1996 change to the DO in the Wetlands Section, 358 acres is identified as
the project preservation requirements. This conflicts with the 176.2 acres of
preservation area set forth in the Findings of Fact Section and it has been
corrected.
In the Transportation Section (8), the development schedule was not identified as
an exhibit nor was it attached to the Development Order. This oversight has also
been corrected.
\\HMA_NAPLES\WP~1998\!998152'a'io'~Notic~ of Changc~O, ESPONSES 1 ! 99.doc
J)
Other miscellaneous changes to the Development Order are struck through and
underlined.
1999
k)
A 2.1 acre preserve area is incorporated onto Map H and provisions provided in
the Development Order to preserve archaeological resources identified on the
Lands to be added.
i)
the +2.1 acre lake/mortuary preserve and along the eastern edge of the
development will be protected by a 25-foot protective buffer.
ii)
the buffer area will be maintained in a natural state; should tree removal, tree
or shrub planting or other disturbance occur as part of maintenance or
landscape of the buffer, a professional archaeologist be present to monitor
these activities.
iii)
a professional archaeologist will monitor installation of any pipes, drains, or
other equipment necessary to construct and/or maintain the three lake
system.
iv) no excavation will be permitted within the 4-1.4 acre lake/mortuary.
v) preservation of the lake/mortuary and buffer will be in perpetuity.
vi)
inadvertent discoveries of human remains or mortuary artifacts made during
routine maintenance or site development activities will be handled as
required in Section 2.2.25.8.1 of the Collier County Land Development
Code.
Complete the attached Substantial Deviation Determination Char~ for all land use
types approved in the development. If no change is proposed or has occurred,
indicate no change.
RESPONSE:
Changes are proposed for only the following land use types listed in the Substantial
Deviation Chart:
Residential
The following page is a completed Substantial Deviation Determination chart for
Residential lands to be added. Also attached is the 1996 Notice of Change parameters.
\~VIA_NAPLES\WI~ 1998~ 1998152~d~otice of Change'xRESPONSES 1199.doc
1999
List all the dates and resolution numbers (or other appropriate identification
numbers) of all modifications or amendments to the originally approved DRI
development order that have been adopted by the local government, and provide a
brief description of the previous changes (i.e., any information not already
addressed in the Substantial Deviation Determination Chart). Has there been a
change in local government jurisdiction for any portion of the development since the
last approval or development order was issued? If so, has the annexing local
government adopted a new DRI development order for the project?
RESPONSE:
There have been five (5) Development Order Amendments adopted by Collier County
since the original Woodland's DRI Development Order (DO 86-1) was issued on
November 6, 1986. The following is a description of the five (5) DO Amendments:
(1)
Resolution Number 87-96 adopted April 28, 1987, amended Section B(5) (a) (7)
and (8), Transportation, to clarify responsibilities of Collier Cotmty and the
developer; amended Section B(5) (b) (4), Transportation Conditions, clarifying
and redefining criteria by which a substantial deviation shall be determined;
(2)
Resolution Number 87-207 adopted September 15, 1987, amending Section A(4),
findings of fact, to state a maximum square footage of permitted commercial
retail development and to increase the total acreage of preservation areas and to
set forth a revised land use schedule that did not increase the total amount of
acreage or dwelling units previously approved.
The two (2) development order amendments described above were adopted by
Collier County to resolve appeals of the original Woodland's DRI Development
Order to the Florida Land and Water Adjudicatory Commission taken by the
Florida Department of Community Affairs and the Southwest Florida Regional
Planning Council. The Woodland's DRI Development Order became effective on
November 7, 1990, the date on which the Florida Land and Water Adjudicatory
Commission issued its Final Order of Dismissal of the appeal.
(3)
Resolution Number 94-774 adopted November 1, 1994, extended The
Woodland's DRI commencement date and the buildout/termination date by four
(4) years, eleven (11) months or until October 7, 2000, and October 7, 2015,
respectively.
Collier County remains the local government with jurisdiction over all portions of
the Olde Cypress DRI.
(4)
On October 22, 1996, the BCC amended the Development Order with Resolution
96-482 to reduce the number of dwelling units from 1,460 to 1,100 dwelling units
and a reduction of the commercial use fi'om 200,000 S.F. to 165,000 S.F. and
\httMA_NAPLES\WI~ ! 998\ 1998152~rld~qotice o f Changehq, ESPONSES ! 199. doc
1999
1999
miscellaneous changes to the plan resulting solely from permitting requirements
of the South Florida Water Management District. Also, the Right-of-way
Reservation on the East side of the Woodlands was eliminated. Miscellaneous
changes were also made to drainage/water quality, transportation, vegetation and
wildlife, wetlands, consistency with the comprehensive plan and fire by the
deletion thereof.
(5)
On May 18, 1999, the BCC amended the PUD for Olde Cypress to make minor
revisions to the development standards, including setback requirements, and to
incorporate mini-storage as a permitted use in the commercial tract. Amendments
were not made to the Development Order as acreage and development intensity
remained the same.
Describe any lands purchased or optioned within 114 mile of the original DRI site
subsequent to the original approval or issuance of the DRI development order.
Identify such land, its size, intended use, and adjacent non-project land uses within
1/2 mile on a project master site plan or other map.
RESPONSE:
No additional lands have been purchased or optioned by the Applicant within one quarter
(1/4) mile of the original DRI site subsequent to the original approval and issuance of the
DRI Development Order.
Indicate if the proposed change is less than 40% (cumulatively with other previous
changes) of any of the criteria listed in Paragraph 380.06(19), Florida Statutes.
RESPONSE:
The proposed change does not exceed forty percent (40%) (cumulatively with other
previous changes) of any of the criteria listed in Paragraph 380.06(19) Florida Statutes.
Do you believe this Notification of Change proposes a change which meets the
criteria of subparagraph 380.06(19)(3)2, Florida Statutes?
Yes No X
10. Does the proposed change result in a change to the buildout date or any
phasing date of the project? If so, indicate the proposed new buildout or phasing
dates.
RESPONSE:
No change is proposed to the build-out date or to project phasing date of the project.
\LHMA_NAPLES\Wi~1998\1998152~rld~lotice of Chang¢~RESPONSES1199.doc
1999
11.
Will the proposed change require an amendment to the local government
comprehensive plan?
RESPONSE:
The proposed change will not require an amendment to the local comprehensive plan.
12.
Provide the following for incorporation into such an amended development order,
pursuant to Subsections 380.06(15), Florida Statutes, and 9J-2.025, Florida
Administrative Code:
An updated master site plan or other map of the development portraying and
distinguishing the proposed changes to the previously approved DRI or
development order conditions.
RESPONSE:
The existing Map H is attached as Exhibit 1 and the proposed Master Plan, Map H, is
attached as Exhibit 2.
13.
Pursuant to Subsection 380.06(19)(0, Florida Statutes, include the precise language
that is being proposed to be deleted or added as an amendment to the development
order. This language should address and quantify:
All proposed specific changes to the nature, phasing, and build-out date of the
development; to development order conditions and requirements; to commitments
and representations in the Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements including
locations, square footage, number of units; and other major characteristics or
components of the proposed change;
RESPONSE:
See attached Proposed Master Plan, Map H (Exhibit 2) and Proposed changes to Collier
County Development Order (Exhibit 8).
Ha
An updated legal description of the property, if any project acreage is/has been
added or deleted to the previously approved plan of development;
RESPONSE:
See revised legal description attached to Development Order.
\~HMA_NAPLES\WI~ 1998\ 19981 $2~rld~Notice of Chang¢~RESPONSES 1 ! 99.doc
Ce
Fe
A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
RESPONSE:
No change.
A proposed amended development order termination date that reasonably reflects
the time required to complete the development;
RESPONSE:
No change.
A proposed amended development order date until which the local government
agrees that the changes to the DRI shall not be subject to down-zoning; unit density
reduction, or intensity reduction, if applicable;
RESPONSE:
No change.
Proposed amended development order specifications for the annual report,
including the date of submission, contents, and parties to whom the report is
submitted as specified in Subsection 9J-2.025 (7), F.A.C.
RESPONSE:
No change.
\xaClMA_NAPLES\WP~ 1998\1998152~rld~lotice of Change~RESPONSES 1 ! 99.doc
~' I ~ ~ ~ 1999 I
Ii ,~1~ ,~! " .. ~,,,: /
Il I,~hl,I Jlll ~,Jlij~J' ,,
~'~ ~ ~ I I I
================================================================================================================= _ ~,,
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ . ~'11
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: C~I ,,~
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~:~:~:~:~:~: "::~:~:~:~:~:~:~:~ ~ ' ' '~:~:~:~:~:~:~:~::';~ .... ._-.,~
.:.:.:.:.:~.:.:.:.:.:.:.:.~~_ ",~~::::~::~~::~::[ ~ :
:'::::::::~ :::::::::::::::::::::::::::
Form #0942
08/95
Exhibit C ~),~L'{~'! ~t 199~
SOUTH FLORIDA WATER MANAGEMF NT DISTRICT
SURFACE WATER MANAGEM'E
GENERAL PERMIT NO. 11-01232-S
DATE ISSUED: March 12, 1997
PERMITTEE: tMMOKALEE ROAD PARTNERSHIP
1100 FIFTH AVENUE SOUTH
#201
NAPLES, FL 33940
PROJECT DESCRIPTION: MODIFICATION OF A SURFACE WATER MANAGEMENT SYSTEM SERVING 11.1
ACRE(S) OF RESIDENTIAL DEVELOPMENT KNOWN AS THE WOODLANDS.
PROJECT LOCATION: COLLIER COUNTY, SECTION 21TWP 48S RGE 26E
This is to notify you of the District's agency action concerning Permit Application No.
970107-2, dated January 7, 1997. This action is taken pursuant'to Rule 40E-1.606 and
Chapter 40E-40, Florida Administrative Code (F.A.C.).
Based on the information provided, District rules have been adhered to and a Surface
-Water Management General Permit is in effect for this project subject to:
1. Not receiving a filed request for a Chapter 120, Florida Statutes, administrative
hearing,
2. the attached Standard Limiting Conditions,
3. the attached 8 Special Conditions, and
4. the attached 3 Exhibit(s).
Should,you object to these Conditions, please refer to the attached "Notice of
Rights which addresses the procedures to be followed if you desire a public hearing
or other review of the proposed agency action. Please contact this office if you
have any questions concerning this matter. If we do not hear from you in accordance
with the "Notice of Rights," we will assume that you concur with the District's
action.
CERTIFICATE OF SERVICE -
I-HEREBY CERTIFY that a "Notice of Rights"has been mailed to the Permittee (and the
persons listed in the attached distribution list) no later than'5:00 p.m. on the 12th
day of March, 1997, in accordance with Section 120.60(3), Florida Statutes.
BY:~
Benjamin C. Pratt, P.E.
Area Manager - Regulation
Ft Myers Service Center
Certified Mail No. P 482 208 162
Enclosures ·
South Florida Water Management District
GENERAL PERMIT
NOTICE OF RIGHTS
,Notice of Rights is intended to inform the recipient of the administrative and judicial review which may be available as
ated by section 120.60(3), Florida Statutes. Be advised that although this notice is intended to be comprehensive, the review
lures set forth herein have been the subject of judicial construction and interpretation which may affect the administrative of
I review available. Recipients are therefore advised to become familiar with Chapters 120 and 373, Florida Statutes, and the
al interpretation of the provisions of these chapters.
s substantially affected person objects to the staff's recommendation, that person has the right to request an administrative
=aring on the proposed agency action. The substantially affected person may request either a formal or an informal hearing,
s set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing.
a substantially affected person believes a genuine issue of material fact is in dispute, that person may request a formal hearing
ursuant to section 120.57(1), Florida Statutes, by filing a petition not later than: '
a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days after
mailing of the proposed agency action or
b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual
notice.
-h,e request for a section 120.57(1), F.S., formal hearing must comply with the requirements of Rule 40E-1.521, Florida
dminlstrative Code, a copy of which is attached. Petitions are deemed filed upon receipt by the District. Failu re to
,ubsta .ntiall~, comply with the provisions of Rule 40E-1.521, Florida Administrative Code, shall constitute a waiver of the right to
,: 120.57(1) hearing. If a petition for administrative hearing is not timely filed, the staff's proposed agency will automatically
~ature into final agency action.
substantially affected person believes that no issues of material fact are in dispute, that person may request an informal
~earing pursuant to section 120.57(2), F.S., by filing a petition for hearing not later than:
a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT, within fourteen (14) days after
mailing of the proposed agency action or
b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual
notice.
request for Informal hearing shall be COnsidered as a waiver of the right to request a formal section 120.57(1), F.S., hearing. A
· equest for a section 120.57(1), F.S., formal hearing not in substantial compliance with the provisions of rule 40E-1.521, F.A.C.,
~ay be COnsidered by the District as a request for Informal hearing. If a petition for administrative hearing is not timely filed, the
taft"s proposed agency' action will automatically mature into fins! agency action.
Pursuant to section 373.114, Florida Statutes, a party to the proceeding below may seek review of a Final Order rendered on the
~)ermit application before the Land and Water Adjudicatory Commission, as provided therein. Review under this section is
~nitiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy on the Department
of Environmental Regulation and any person named in the Order within 20 days after rendering of the District's Order.
However, when the order to be reviewed hu statewide or regional significance, as determined by the Land and Water
~.diudicetory Commission within..60 days after receipt of a request ~or review, the COmmission may accept a request for review
Imm any affected person .within 30 days after the rendering of the order. Review under section 373.114, Florida Statutes, is
limited solely to a determination of COnsistency w~.th the provisions and purposes orChapter 373, Florida Statutes. This review
is appellate in nature and limited to the record below.
A party who is adversely affected by final agency action on the permit application is entitled to iudiclal review In the District
Court of Appeal pursuant to section 120.68, Florida Statutes, as provided therein. Review under section 120.68, Florida Statutes
in the District Court of Appeal is Initiated by filing a petition in the appropriate District Court of Appeal in ~ccordance with
Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the final agency action.
Section 373.617(2), Florida Statutes, provides:
Any person substantially affected by a final action of any agency v~ith respect to a permit may seek review
within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court
in the judicial circuit in which the affected property is located; however, circuit COurt review shall be confined
solely to determining whether final agency action is an unreasonable exercise of '[he state's police power
COnstituting a taking without just compensation. Review of final agency action for the purpose of determining
whether the action is in accordance with existing statutes or rules and based on component substantial evidence
shall proceed in'accordance .with Chapter 120.
Please be advised that exhaustion of administrative remedies Is generally a prerequisite to appeal to the District Court of
Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are,
...... , --- ,. ,~.., 4,,~.1-~., ,~finn r~.-~ f *i r~.m~.nt. The at)olicant is advised to consult the case law as to the requirements of
1999
40Eol.521 :
Irdt/ation of Formal Procoeding~
(11 Ink,laYoff of fo~na! proceedings shall be made by petit;onto the Dis~ct. The term ~etition as used I~reln Includes any app;=a~;on
or other document wl~ch expresses · request for formal proceecfing$. Each petitioit should be p~ntad, typewritten er otherwi=e
dul~qcated in lag~le form on wh;te p~per or standard legal ~;ze. Unless pdnted, the knpression cheil ba on one s;de cf the P~per crd¥ .n
;nes shall be double-spaced and Indented.
(2) All petitions filed under those roles shall contain:
(a) The name and address of the Distdct and the District's file er Identification number, If known;
(b} The name and address of the petitioner or per, ion·m;
(c] ~1 exp[attation of how each petitioner's substantig Interests wEI be affected by the District's determination;
(dl A statement of when and how petitioner recelved notice of the District'f derision or Intent to render a decision;
(e) A statement ef all disptrted Issues of material fact. If there are none, the petitioner must so Inchoate;
A concise statement of the ultimate facts which peth~oner believes entitle petitioner to the relief sought as well as the ~u[es and
statutes which support petitloner'a claim for relief;
(g) A demand for the relief to which the petitioner deems himself entitled; and
(hi Other Information which the petitioner contends Is material.
(3} Upon receipt of a petition for formal proceedings, the Office of Counsel shall review the petition for compliance with subs·ct;on
7.). The Board shall accept those petitions In ~bstantial compliance therewith, which have been timely Ned, which establish that the
~titionerls · substantially affected party, and which state a dispute which Is wlth~n the ]utisdictiofl of the District to resolve. If accepted.
~ 13card shall designate the pres;ding officer of the adtrdnL~trativa hearing. 'The Distdct shall prompti¥ give written notice to ai~ parties
the action taken on tho petition, and shall at.ate w~th particularity ks reasons therefor.
(4} If · petition Is filed that does not substantial:Ir oomply with the requirement of ~ubsaotion (2J of this section, the Dis~ct shzll
~Je aa cadet crtsmL~ng the petition with leave to file an ~nended petition complying with the rec~drements of this nde wtth~n the time
et~od dodgnated bt tho order. If ·n amended petition oom~yng wkh th~s nzlo Is'not filed with the District C~erk witl~n tho designated
me period, thc petitioner's right to · processing under Section 120.57, Florida Statutes, I$ waked.
(M If a valid petition Is filed, with the consent of all partJes and upon a showing of good cause, Board action on the petition pursuant
Section 120.ST(1J(bl shall be waked. 'Good cause' shal~ mean a set of oJteumstanoes unforeseen and out~de of t~.e control of the
· caen requesting the wa'war.
(6! When · valid petition for adndrdsttative hearing has boon filed, the Board motion shall defer oonskSeratJon of 1~0 matter penoqng
te completion of the adrntnisttetlvo heating end the s~amlttal of a .recommended order, attd arq, exceptions to that orde~.
(71 If the Board designates · Heating Officer as~lgned by the Dk4sion of Administrative Hearings es the presiding officer, tho Dis~d~ct
~ shall forward the petition end ali relevant materials ~ed wkh the I~strict to the b;vL~&~ of Aclm~nistratlve Hearings, and chal notify
p~ties of ks action.
~dr~ Authority 12o. sa, ate.044, ate.11 a F,S. Law implemented 120.sa(11, 120.1;7, ate.11 a F.s. H~storr- ne w 9-3-81. form·dy
SK-109411, 16K-1 .I 12(11 --{ale 1 ;K-1.12, Amended S-11-Sa.
STANDARD LIMITING CONDITIONS
1999
THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE
ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES,
AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE
CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED
AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT
LOADING AND SEDIMENTATION IN THE RECEIVING WATERS.
WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PEP, MIl-FEE'S PROPERTY OR~
INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED
BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, ]994."
PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C.
IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES
OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF
SAMPLING AND TOTAL MONTHLY~DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS
OF THE STATE.
THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN
NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS.
THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE
DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER
MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE
RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE
PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE
CONSTRUCTION COMPLETION CERTIFICATION.
ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN
SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS
WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET
FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994."
7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY
THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE
ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE
WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT
DISTRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE-
SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST
SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.
9. THE PERMIT DOES NOT CONVEY TO THE PERMII'I'EE ANY PROPERTY RIGHT NOR ANY RIGHTS OR
PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC.
10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION,
OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT.
11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH
REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE
CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY
THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE
THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER
IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE'TO MODIFY THE SURFACE
WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE
IMPACTS.
12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT
SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR
EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE
EXPECTED COMPLETION DATE.
~)£~1 i 1999
13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED
AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE
SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE
INITIAL COMMENCEMENT OF CONSTRUCTION.
14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT
SYSTEM, THE PERMI1-TEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF
COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER.
THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND
MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL
CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE
SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT). THE
CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING
ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT
FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE
DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE
ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED.
15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND
WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE
PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM
0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE
WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE {TO BE COMPLETED AND
SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND
40E-4.351, F.A.C.
16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS,
SUFFICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY TREATMENT,
MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.
17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON
OR WITHIN ONE HUNDRED (100} FEET.OF ALL PERMITTED DISCHARGE STRUCTURES NO LATER
THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE ELEVATION
REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.
18. IT IS THE RESPONSIBILITY OF THE PERMII'TEE TO INSURE THAT ADVERSE OFF-SITE WATER
RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION.
19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING,
UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-
20.302(4), F.A.C.
SPECIAL CONDITIOHS
1 · THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION,
SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.
2 . MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION
AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.-
3 . THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY
TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES
ARE SHOWN TO BE NECESSARY.
4 . FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT
AN APPROVED MODIFICATION OF THIS PERMIT.
5 . ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-01232-S
REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS
MODIFICATION.
6 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE
RESPONSIBILITY OF WOODLANDS HOME OWNERS ASSOCIATION.
7 . ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION,
MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK
SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD
APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE {1}
REASON FOR THE MODIFICATION; {2) PROPOSED START/FINISH DATES; AND (3)
PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS.
COMPLETION DATE
MARCH 30, 1997
OCTOBER 1, 1997
MAY 1, 1998
MAY 15, 1998
JUNE 15, 1998
NOVEMBER 1, 1998
NOVEMBER 1, 1999
NOVEMBER 1, 2000
NOVEMBER 1, 2001
NOVEMBER 1, 2002
NOVEMBER 1, 2003
ACTIVITY
SUBMIT CONSERVATION EASEMENT DOCUMENTS
BASELINE MONITORING REPORT
EXOTIC VEGETATION REMOVAL
EXCAVATION AND GRADING MITIGATION AREA
PLANTING MITIGATION AREA
TIME ZERO MONITORING REPORT
FIRST MONITORING REPORT
SECOND MONITORING REPORT
THIRD MONITORING'REPORT
FOURTH MONITORING REPORT
FIFTH MONITORING REPORT
8 . DISCHARGE FACILITIES:
BASIN-IA:
SPECIAL CONDITIONS
1-0.5' DIA. ORIFICE WITH INVERT AT ELEV: 13.0) NGVD.
1-7~5' WIDE SHARP CRESTED WEIR WITH CREST ELEV: ..13.95'_NGVD.
440 LF OF 3.0' DIA. RCP CULVERT.
RECEIVING BODY:
CONTROL ELEV:
BASIN-l:
WATERSHED-1 (BASIN-I).
13.0' NGVD / DRY SEASON:
13.0' NGVD.
28-0.31' DIA. ORIFICE(S) WITH INVERT(S) AT ELEV:
2-0.56' DIA. ORIFICE(S) WITH INVERT(S) AT ELEV:
50 LF OF 3.0' DIA. RCP CULVERT.
RECEIVING BODY: CR-846 CANAL.
CONTROL ELEV:
11.5' NGVD.
12.27' NGVD.
11.5' NGVD / DRY SEASON: 11.5' NGVD.
2'
l.. LOCATION M.AP
,,
THE PA
m oil lO
~ I UNDEVELOPED
~tCURRENT
~ ~'",' ~ I ~ ., ,.
< ~ i~ ~ HORTICULTURAL
m~ AND
.~ ~ / ~ IMMOKALEE ROAD
SMALL COM~. EXP. AG
~ EXISTING AREA I STA.
SINGLE FAMILY 75% AG. ~
, 50% ACTIVE
29 · 28 27
~ 25% 50% UNDEV.
I~UNDEV.
I
I I II I II ~ I I II
HE& WOODLANDS
'HOLE, MONTES &'ASSOC.
III I II III III
THE WOODLANDS
PERMIT SUMMARY SHEET
APPLICATION NUMBER: 970107-2
PERMIT M~DIFICATION NO.: 11-01232-S
LOCATION: COLLIER COUNTY, S2I/T48S/R26E
OWNER: IMMOKALEE ROAD PARTNERSHIP
ENGINEER: HOLE, MONTES & A~SOCIATES, INC.
PROJECT AREA: 11.10 ACRES DRAINAGE AREA:
PROJECT USE: RESIDENTIAL
11.10 ACRES
FACILITIES:
1. EXISTING: The Woodlands is located in north Collier County, bounded by
undeveloped lands to the north and east, residential lands to the
west (Longshore Lake) and the Cocohatchee Canal to the south. The
project was granted Conceptual Approval on August 11, lgg4, Permit
No. 11-01232-S, and later modified for Construction and Operation
of the multi-basin SWM system serving the residential development.
Them proposed modifications are located within the previously
permitted WATERSHED-1 & lA basins. The residential development
discharges to the Cocohatchee Canal via a single control structure
with a maximum discharge rate of 12.82 cfs.
2. PROPOSED: Plan sheets 2-7 of 7 by Hole, Montes & Associates, signed and
sealed by July C. Adarmes, P.E. on February 13, lgg7 are
incorporated by reference into this General Permit modification and
will be retained in the permit file.
The applicant proposes minor reconfiguration of lands within the
previously permitted basins (WATERSHED-1 & lA only) and'
modifications to the previously permitted WATERSHED-1 & lA control
structures. The modified WATERSHED-IA control structure will
include 1-0.5' diameter circular orifice with invert at the basin
control elevation of 13.0' NGVD and 1-7.5' wide sharp crested weir
with crest elevation at 13.95' NGVD. The structure discharges to
Watershed-1 {Basin-I).
The modified WATERSHED-1 control structure will include 28-0.31'
diameter circular orifice(s) with inverts set at the basin control
elevation of 11.5' NGVD, 2-0.56' diameter circular orifice(s) with
inverts set at 12.27' NGVD and 50 If of 3.0' ~iameter RCP outfall
culvert. The structure will continue to discharge to the CR-846
Exhibit ~
THE WOODLANDS
PERMIT SUMMARY SHEET
canal.
The proposed modifications result in a decrease in the project
discharge rate, from 12.82 cfs to 12.73 cfs. No additional
modifications to the WATERSHED-1 & lA SWM systems are proposed at
this time.
PROJECT LEVEL:
DRAINAGE BASIN: COCOHATCHEE RIVER BASIN
RECEIVING BODY: CR-846 CANAL
WATER QUALITY:
Water quality, 1" over the site, is provided.
Adverse impacts are not expected.
ENVIRONMENTAL ASSESSNENT:
PROJECT SITE DESCRIPTION:
The proposed modification involves approximately 11.1 acres of pine flatwood
uplands. The development includes wetland areas that are located outside the
limits of this modification.
EXISTING ON SITE UPLAND CONHUNITIES:
ID TOTAL BIOLOGICAL CONNUNITY
NO ACREAGE CONDITION TYPE
CONNUNITY
ACREAGE
1 11.10 GOOD
TOTAL ON SITE UPLAND ACREAGE:
PINE FLATWOODS
11.10
11.10
ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN:
POTENTIAL USE POTENTIAL
SPECIES TYPE OCCURANCE
BIG CYPRESS FOX SQUIRREL FORAGING
OBSERVED
Exhibit
THE WOODLANDS
PERMIT SUMMARY SHEET
ENDANGERED, THREATENED.& SPECIES OF SPECIAL COHCERN SUMMARY:
The oris]na]'permit required the preservation of 6.5 acres of Big Cypress Fox
Squirrel habitat. The approximate locations of the preserve areas were
indicated, however, the notes indicated these areas were preliminary and
subject to field modification based on the final golf course configuration and
pine tree distributions. Although' the proposed fox squirrel preserve areas
have been relocated as part of this modification, the total preserve area
remains 6.5 acres. The final location of these preserve areas is still
subject to the previously referenced conditions.
APPLICABLE LAND USE:
TOTAL ACREAGE includes all previously permitted lands to be reconfigured with
this permit modification.
OTHER contains 40.37 acres of offsite lands served by the WATERSHED-1SWH
system.
TOTAL PREVIOUSLY
PROJECT PERMITTED THIS PHASE
TOTAL ACRES 248.66 248.66 11.10 acres
WTRM ACREAGE 33.80 33.80 .00 acres
PAVEMENT 32.40 31.90 .50 acres
BUILD COVERAGE g5.40 88.40 7.00 acres
OTHER 40.37 40.37 .00 acres
DIVISIONAL APPROVAL:
SURFACE WATE~ MANAGEMENT
Ri6haYd:444Thompsdn, P.E.
NATURAL ~ESOURCEJlIANAGEMENT
Kar~n M. Johns~,~
OATE.'
OATE:
Exhibit
December 14, 1999
Item #17P
RESOLUTION 99-473 AND DEVELOPMENT ORDER 99-6 RE PETITION DOA-99-04,
GEORGE L. VARNADOE OF YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON, P.A.,
REPRESENTING WCI COMMUNITIES, L.P., FOR AN AMENDMENT TO THE PELICAN
MARSH DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER NO. 95-
01, AS AMENDED, FOR THE PURPOSE OF INCREASING THE PROJECT ACREAGE BY
141.6 +/- FOR A TOTAL OF 2,213.6 +/- ACRES, REDUCING THE NUMBER OF
RESIDENTIAL UNITS FROM A MAXIMUM OF 4,900 TO A MAXIMUM OF 4,800
DWELLING UNITS, DECREASING THE GROSS DENSITY FROM 2.36 UNITS PER ACRE
TO 2.16 UNITS PER ACRE, INCREASING THE NUMBER OF GOLF HOLES BY 9 FOR A
TOTAL OF 72 HOLES RESULTING IN AN INCREASE OF GOLF COURSE/OPEN SPACE
FROM 578.8 ACRES TO 642.4 ACRES, AND REVISING THE DISTRIBUTION OF
COMMERCIAL LAND USES IN ACTIVITY CENTER DESIGNATED AREAS, FOR PROPERTY
BORDERED ON THE WEST BY TAMIAMI TRAIL NORTH (U.S. 41), ON THE EAST BY
THE FUTURE LIVINGSTON ROAD, AND ON THE SOUTH BY VANDERBILT BEACH ROAD
IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 2,213.6 +/- ACRES. (COMPANION TO PUD-93-01(5)
Page 224
DEVELOPMENT ORDER 99-6
RESOLUTION NO. 99 - 4 7 3
A RESOLUTION AMENDING DEVELOPMENT ORDER NO.
95-1, AS AMENDED, FOR THE PELICAN MARSH
DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING
FOR: SECTION ONE, AMENDING THE FINDINGS OF
FACT SECTION TO REFLECT AN INCREASE IN OVERALL
ACREAGE, A DECREASE IN THE AMOUNTS OF SQUARE
FOOTAGE ATTRIBUTABLE TO RETAIL COMMERCIAL
AND MEDICAL OFFICE USES AND NUMBER OF
RESIDENTIAL UNITS, AN INCREASE IN THE AMOUNTS
OF SQUARE FOOTAGE ATTRIBUTABLE TO OFFICE
COMMERCIAL USES, NUMBER OF HOLES OF GOLF AND
AMOUNT OF ACREAGE ATTRIBUTABLE TO
CONSERVATION AREAS AND DELETION OF THE
CULTURAL FACILITY AND AMENDING THE MASTER
PLAN; SECTION TWO, FINDINGS OF FACT; SECTION
THREE, CONCLUSIONS OF LAW; AND SECTION FOUR,
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS AND EFFECTIVE DATE.
& <Eol q 1999
WHEREAS, WCN Communities, Inc., (herein "WCN") filed on November 30, 1993,
with the County of Collier an Application for Development Approval (ADA) of a Development
of Regional Imapct (DRI) known as Pelican Marsh Community in accordance with Section
380.06, Florida Statutes; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 95-1 (the "Development Order") for the Pelican Marsh Community DRI on
January 24, 1995; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 95-5 by Resolution No. 95-555, amending Development Order 95-1, on
September 26, 1995, to change the legal description of the Pelican Marsh Community; and
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Development Order 99-2 by Resolution No. 99-234, amending Development Order 95-1 on May
11, 1999, to make certain revisions; and
WHEREAS, WCI Communities, a limited partnership (hereinafter "WCI"), the successor
in interest to WCN, desires to make certain revisions to the plan of development and
Development Order for the Pelican Marsh Community and to make certain changes to the
development approved herein; and ~
WHEREAS, WCI, through its authorized agent, has filed its application and notification
of a proposed change to Development Order 95-1, as amended, which is attached hereto and
incorporated by reference herein as Exhibit "A"; and
Words ~truck tkrcu~k are deleted. Words underlined are added.
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with .jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Pelican
Marsh Community DRI, Development Order 95-1, as amended; and
WHEREAS, the Collier County Board of County Commissioners has passed Ordinance
No. ~ y.~-~d~ on ~,/~/ , 1999, which has the effect of amending
the PUD zoning for the Pelican Marsh Community previously approved in Ordinance No. 97-
79; and
WHEREAS, on /~_~.~n~&..o~/~ , 1999, the Board of County Commissioners,
at a public hearing in accordance with Section 380.06, Florida Statutes, having considered
WCI's application and notice of proposed changes to the Pelican Marsh Community
Development Order 95-1, as amended, and the record made at said hearing, and having
considered the record of the documentary and oral evidence presented to the Collier County
Planning Commission; and report and recommendation of the Collier County Planning
Commission; the report and recommendations of the Collier County Planning Staff and Advisory
Boards; the report and recommendations of the Southwest Florida Regional Planning Council,
the Board of County Commissioners of Collier County hereby approves the following Pelican
Marsh Community Development Order amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN
A. Paragraph 4 of the Findings of Fact Section of Development Order 95-1, as amended
(Resolution 95-71, as amended), for the Pelican Marsh Community DRI is hereby amended to
read as follows:
4. The applicant proposes the development of the Pelican Marsh Community consisting
of ~0-Tg-ae,~'.' 2213.6:!:. acres,, as depicted in t.he. Master Plan, Map "H3," attached as
Exhibit D." Pelican Marsh includes 80 acres of "activity center" use which will
contain the following land uses: up to ~9-5,000 381,100 square feet of gross floor
area (GFA) of retail commercial use; up to 200,900 295,800 square feet of GFA of
medical office use; ~
....... .,~ .................... ,-. ..... t, :pa.~:: and 450 hotel rooms. The Pelican
Marsh Community will contain a maximum of 4rO00 4.800 residential dwelling
units; 6-) 72 holes of golf and clubhouses; 3397. ~ acres of conservation area,
(some of which is within an FP&L easement); 114.2 acres of open space; and a 20
acre school site.
Words =truck tkrcu~k are deleted. Words underlined are added.
2
Bo
~),~-.1 q 1999
Exhibit "A", (Map "HI", Master Plan) of Development Order 95-1, as amended, for
the Pelican Marsh Community DRI, as amended by Development Order 99-2, is
hereby amended by replacing said Map "HI", Master Plan, with Exhibit "D", new
Map "H3", Master Plan, attached hereto and incorporated herein by reference,
reflecting the amended locations of the approved land uses.
SECTION TWO: FINDINGS OF FACT
A. The approved land uses within the Pelican Marsh DRI are depicted on Map "H3",
Master Plan, which is marked Exhibit "D", attached hereto and incorporated by reference
herein.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The development of Pelican Marsh Community on 2213.6+ acres of land shall
include the land uses described in the above Findings of Fact at Paragraph 4.
D. The requested amendment to the previously approved Development Order is
consistent with the report and review of the Southwest Florida Regional Planning
Council.
E. A comprehensive review of the impact generated by the requested amendments has
been conducted by the County Departments and the Southwest Florida Regional Planning
Council.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The requested amendment of this previously approved Development Order is
consistent with the report and recommendations of the Southwest Florida Regional
Planning Council and does not constitute a "substantial deviation" pursuant to Section
380.06(19), Florida Statutes.
B. The proposed amendment to the previously approved Development Order will not
um'easonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
C. The proposed amendment to the previously approved Development Order is
consistent with the Collier County Growth Management Plan and the Land Development
Regulations adopted pursuant thereto.
Words struck thrcu~h are deleted. Words underlined are added.
D. The proposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
1999
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
1. Except as amended hereby, Development Order 95-5, as amended shall remain in
full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over all other applicable previous and
subsequent Development Orders which are in conflict thereof.
B. Copies of this Development Order No. 99-~,, shall be transmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land and Water
Management and the Southwest Florida Regional Planning Council.
Board.
day of ~
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote. Done this/,~.,
,1999.
Approved as to Form and Legal Sufficiency
BO/~D OF COUNTY COMMI/S~SIONERS
l ~M~~Ei ~fi/A S.~MA~C,~~iE!C~ iR~W/OMAN
Attest as to Chairman's
signature on 1.v.
M'a['j ox(tg M. Student'
Assistant County Attorney
f/Marjorie Student/Development Order/I 1-24-99/MS/im
Words ctruck thrcu~h are deleted. Words underlined are added.
4
Retl~t"k
IrNGlNrrR"C · SURVEYORS · PLA~a~Ir'RS · I:'NVIR[~
L)s~NB$CAP£ ARCH[TIrCT$ · CaNSTRUCT
WILSON, MILLER, BARTON
3200 Baitey Lane, Naples,
VJU40~WLT BE~ ~
Exhibit "D"
MAP H3 (REVISrD MAP H)
MASTER PLAN
PELICAN MARSH COMMUNITIES
W¢l COMMUNITIES. UMITED PARTNERSHIP
JOHNSON ENGINEERING. INC.
IrNGINE:KRI, 8URVEYOR8 AND LrCOI.OGI~11
(813) 649-4040
1999
RECE!VEO December 14, 1999
Item #17Q
ORDINANCE 99 - 95 AMENDING ORDINANCE 99 - 46 LAND DEVELOPMENT CODE
AMENDMENT TO CORRECT A SCRIVENER'S ERROR DUE TO THE OMISSION OF AN
AMENDMENT TO FACILITATE THE ADMINISTRATIVE APPROVAL OF PRELIMINARY
SUBDIVISION PLATS HEARD AND APPROVED AT A PUBLIC HEARING ON JUNE 16,
1999.
Item #17R - CONTINUED INDEFINITELY
Item #17S - WITHDRAWN
Item #17T - MOVED TO ITEM #12C3
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 5:00 p.m.
ATTESTi
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
S P~~ONTROL
P~4ELA S . MAC ' KIE, CHAI~WOFL~N
/
DWIGHT E'. BROCK CLERK
These minutes approved by the Board
presented ~
one///).~o$ , as
or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC.
BY CHERIE R. LEONE AND ELIZABETH M. BROOKS, RPR
Page 225
SETTLEMENT AGREEMENT AND MUTUAL RELEASF
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter
referred to as the "Agreement and Release") is entered into and made on this//,~day of
/~~ ,-~by and between David E. Sadler and Linda A. Sadler, his wife'
(hereinafter referred to as "Plaintiffs") and Collier County (hereinafter referred to as the
"County").
WITNESSETH:
WHEREAS, Plaintiffs filed a lawsuit against the County in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier County, Florida styled David E. Sadler and
Linda A. Sadler, his wife v. Collier County, Florida, Case No. 98-4438-CA-HDH
(hereinafter referred to as the "Lawsuit"); and,
WHEREAS, Plaintiffs and the County, without either of them admitting any
liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate
or refer in any way, whether directly or indirectly, to the incidents described or allegations
made in the Complaint filed in the Lawsuit; and,
WHEREAS, Plaintiffs and the County desire to reduce their settlement to a writing
so that it shall be binding upon them as well as their respective owners, principals, elected
officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers,
spouses, successors, assigns, heirs and affiliates.
NOWt THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement and Release, and with the intent to be legally
bound, Plaintiffs and the County agree as follows:
1. Plaintiffs and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release.
2. In consideration of the resolution of all disputes or claims arising from or
referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and
in consideration of the sum of $3,957.30 and other valuable consideration, the receipt and
adequacy of which is hereby acknowledged by Plaintiffs, Plaintiffs agree to dismiss the
Lawsuit with prejudice.
3. In consideration of the resolution of the Lawsuit, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged,
Plaintiffs, on behalf of themselves as well as on behalf of their attorneys, agents,
representatives, insurers, heirs, successors and assigns hereby expressly releases and
forever discharges the County, as well as its elected officials, officers, employees, ex-
employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates
from any and all claims, demands, causes of actions, damages, costs, attorney's fees,
expenses and obligations of any kind or nature whatsoever that she has asserted or could
have asserted in the Lawsuit or that arise from or relate or refer in any way, whether
directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or
made in the Complaint in the Lawsuit.
2
4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this
Agreement and Release, Plaintiffs and the County agree that either of them (as well as any
other persons or entities intended to be bound) shall, in the event of any breach, retain the
right to enforce the terms and conditions of this Agreement and Release.
5. Plaintiffs and the County acknowledge and agree that this Agreement and
Release is intended to and shall be binding upon their respective owners, principals,
officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers,
successors, assigns, spouses, heirs and affiliates.
6. Plaintiffs and the County recognize and acknowledge that this Agreement
and Release memorializes and states a settlement of disputed claims and nothing in this
Agreement and Release shall be construed to be an admission of any kind, whether of
fault, liability, or of a particular policy or procedure, on the part of either Plaintiffs or the
County.
7. Plaintiffs and the County acknowledge and agree that this Agreement and
Release is the product of mutual negotiation and no doubtful or ambiguous language or
provision in this Agreement and Release is to be construed against any party based upon a
claim that the party drafted the ambiguous provision or language or that the party was
intended to be benefited by the ambiguous provision or language.
8. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed with the same formalities
as this Agreement and Release.
9. In the event of an alleged breach of this Agreement and Release, Plaintiffs
and the County agree that all underlying causes of action or claims oi: Plaintiffs have been
extinguished by this Agreement and Release and that the sole remedy for breach of this
Agreement and Release shall be for specific performance of its terms and conditions or any
damages arising from the breach. In this regard, Plaintiffs and the County further agree
that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for
Collier County, Florida in Naples, Florida.
10. This Agreement and Release shall be governed by the laws of the state of
Florida.
IN WITNESS WHEREOF, Plaintiffs and the County have signed and sealed this
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
TIMOTHY J. CONSTANTINE, Chairman
Date: ~..z~ ,,/?,/,,q~/~
Dav~ E. Sadler, Plaintiff
,.,,Agl'g,e, ment and Release as set forth below.
,,,,". ', ~:,
Date:
Sadler, Plaintiff
Date:
4
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed by David E. Sadler before me this
Signature of Notary Public
· Cc~'issioned-Na~e of Notary'Public
(Please print, type or stamp)
My Commission expires:
Personally Known
Produced Identification
or
Type of Identification Produced
Notary Pul~llC - State of FlOrida ·
My Commission Expires Feb 7.2001 ·
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFFS AND COLLIER
COUNTY, FLORIDA WAS SWORN TO and subscribed by Linda A. Sadler before me this
''~ day of ~.~h~~ 2000.
Signature of Notary Public or
Commissioned klame o~ Notary Public
(Please print, type or stamp)
My Corn.mission expires:
/
Approved as to form and
legal sufficiency:
Personally Known
Produced Identification
Type of Identification Produced
Notan/Public - State of Ro~I~ [
My Comml~lon Expires Feb 7, ~001 ·
Comml~on # CC 4:~)9519 ·
Wiliiar~' E'. Mountfo'rd ' I'
Assistant County Attorney
h:lit~Sadle~ettlement agreement & release