Resolution 1987-011
JANUARY 13, 1987
RESOLUTION NO. 87-~
RESOLUTION AUTHORIZING COMPLETION OF AN AGREEMENT WITH THE
FLORIDA DEPARTMENT OF COMMERCE AND TIlE FLORIDA DEPARTMENT
OF TRANSPORTATION FOR ECONOMIC DEVELOPMENT FUNDS AND
ACCEJlTING THE FUTURE MAINTENANCE OF TilE ROADWAY.
WHEREAS, the Board of County Commissioners of Collier County Florida, on
February 11, 1986, held a public hearing and approved the conceptual plan lor
application for Florida Department of Commerce, Economic Development
Transportation Funds; and
WHEREAS, the Florida Department of Commerce, Economic Development
Transportation Committee met on August 27, 1986 and recommended funding of
$199,999.00 for construction of an access road and turn lane on U.S. 41 in
Section 18, Township 51 South, Range 27 East to service industrial facilities
to be constructed by the Little Red Caboose, Inc.; and
WHEREAS, the Board of County Commissioners must enter into an agreement
with the F1ori~~ Department of Commerce and the Florida Department of
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Transportation to receive the funds from the State for construction of the
access road and turn lane; and
WHEREAS, a condition of the agreement, between the Florida Department of
Commerce, the Florida Department of Transportation and Collier County,
reqUires Collier County to accept future maintenance and other attendant costs
occurring after cOlllp1etion of the Project for the portion of the Project on
the County roadway system;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that the County enter into agreement with the Florida
Department of Commerce and the Florida Department of Transportation for
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funding for the construction of the access tDad and turn lane on U.S. 41; and
BE IT FURTHER RESOLVED AND ORDERED that the County shall accept: the
future maintenance and other attendant costs occurring after completion of the
project for the portion of the project on the County roadway system.
Cowssioner Pistor Motioned and aye
C01lllllissioner Goodnight Seconded and aye
C01lllllissioner Saunders Aye
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Cowss1oner Glass Aye aOOK 100 PACl 596
COllllllissioner . :Hasse Aye
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BOOK 100 PAr.!" 597
DATED: January 13, 1987
ATTEST:
JAMES C. G ES~ Clerk
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JANUA1cr 13, 1987
BOARD OF COUNty COMMISSIONERS
COLLIER , FLORIDA
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JANllt\RY 13, 1987
AGREEMENt
and
THIS AGREEMENT, made and entered into this /3~ day of ~,
betv... . tittlo R.d C.b..... I.,. . . n.ride c.rporat~.
Naples,
1981 by
Florida hereinafter referred to as Developer, and Collier County, a political
subdivision of the State of Florida, hereinafter called the County.
WITNESSETH
WHEREAS, the DEVELOPER, on June 4, 1985, did submit a written request for the.
COUNTY to make application for a grant of Economic Development Transportation Funds
from the Florida Department of Commerce; and
WHEREAS, the Board of County Commissioners, on February 11, 1986, did approve
the conceptual plan for acquiring Economic Development Transportation Funds and did
submit the formal application to the Florida Department of Commerce for the grant;
and
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WHEREAS, the' florida Department of Commerce, o~ August 27, 1986, t'eceived a
funding reco'llllllendation of $199,999.00 for construction of an access road to service
a new industrial facility and turn lane on eXisting U.S. 41 in Section 18, Township
51 South, Range 27 East; and
WHEREAS, the County must entcr into an agreement with the Florida Department
of Commerce and the Florida Department of Transportation regarding the
responsibilities of each party for expenditurc of the grant for Economic
Development Transportation Funda; and
WHEREAS, the DEVELOPER has control of development and construction of the
industrial facility for which the grant monies haye been allocated;
NOW, THEREFORE, in consideration of the mutual benefits and covenants
contained herein the Parties hereto do lllUtually covenant and agree as follows:
The County Shall:
1. Enter into an Agreement with the Florida Department of Commerce and the
Florida Department of Transportation to receive the grant monies. "
2. Be responsible for any future maintenance and other attendant costs after
completion of the project for the portion of the project on County
right-of-way.
3. Certify to the Florida Departtlerit of Commerce that the Developn has seeured
all necessary permits and initiated construction of the Dew industrial
facility.
4. Prepare documents for acquisition of right-of-way fot the roadway and drainage
improvements.
~oo~ 100 PA(,t 5D8
JANUARY 13, 1987
100 PAr,\ 599
s. !Award conatruction of the project improvements to the lowest and best bidder.
The Developer Shall:
1. Obtain all. pem1ts necessary to construct and operate the industrial facility.
2. Initiate construction of the industrial facility prior to expenditure of any of
the gratnt funds.
3. Provide right-of-way frei! ot encumbrances or with subordination of interest
for all roadway and drainage facilities.
4. Reimburse the County for all costs associated with construction of the project
in exce.. of the grant monies from the Florida Department of C01lllllerce.
IN WITNESS w'HEREOF, the Patties hereto have caused this Agreement to be
executed by their appropriate officip1s, as of the date first above written.
AS TO THE BOARD OF COUNTY COMM1SStONEas,
.r BOARD ~orjJ COUNTY COMMISSIONERS .
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A. HASSE,J ., Chs an
Little Red Caboose, Inc.
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Attest
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Before me, t~ undersigned authority, this day personslly..".,appeared
LAt.JP.bJ/t' "';:.? l$.1II(1'k. and -p~" 11, WJ1JI:r to me well known and known to
me to be "'P~"JI O:ev r nd Sf?G .. ~+t. L ile respectively of the
Corporation IUlmed in the foregoing Agreement, and t y severally acknowledged to
and before me that they execute said Agreement on behalf of and in the name of said
Corporation as such officers; that the seal affixed to said Agreement is the
Corporate seal of said Corporation and that it was affixed thereto by due and
regular corporate authority; that they are duly authorized by said Corporation to
execute said Agreement and that said Agreement is the free act and de,ed,'3f said
Corporation. .J '.... . , "
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hand and affixed ~oU:1cia1 seal
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NOTARY P~IC a-N AND FOR.. THE.
COUNTY _I!!/lti/A" .( AND STATE
AFORESAID.
STATE OF FLORIDA
COUNTY OF. COLLIER
(Corp~ Seal)
IN WITNESS WHEREOF I have hereunto set my
this -2- day of rTPllIllll6-i ' A.D. 1987.
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Approved as to form and
legal sufficiency
<i i/.4!t{i..(!.Jfv~
't,Dav1d C.. We1ge ..
., Assistant County Attorney
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JANUAR'l13, 1987
AGRBBMBHT
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II Development of the Florida Department of Commerce, hereinafter
\; referred to as the "Division", the Florida Department of
d
I; Transportation, hereinafter referred to as "DOT-, and Collier
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I'county, Florida, hereinafter referred to as the "County".
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This
entered
into
day
this
Agreement,
1986, ,between the Division of Economic
WIT H B S S B T Hs
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WHEREAS, the Division has determined that the
i C?~.s.~.~~~.t~on ~~, ~ .~,r.~~4~po.~ta..~i~;~ ;~roj~~t ~.~~,~~.:na~te,r;.:~,~~~~~~~"..
. to as tlt'e "Project" and described in paragraph 1 below, is
I necessary to facilitate the economic :development and growth of
I! the State as contemplated by Section 288.063, Florida Statutes,
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and as set forth ~n the Economic Development Transportation Fund
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Application, attached hereto as Exhibit A, and
WHEREAS, the County is prepared to complet~
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I: Project at an estimated total cost of $265,053.
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II HOW, THEREFORE, in consideration of the
r undertakings and agreements hereinafter set forth and
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:(b~tween the parties as followss
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,; 1. The Project is described as.; f~llowss ""'" ..tI..:.,.,.. ...
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Construct approximately 0.16 miles ,of an
urban section four lane road with 12 foot
lanes, North from U.s. 41 to the industrial
facility, andO.SQmiles of intersection
improvements at:. U.s. 41 and the new access
road in Collier C()unty
, and is in connection with the lOCation of facilitieS in the
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i: County by the following companys
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aoOK 100PAf.!600
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JANUARY 13. 1987
100 PAf,l 601
LITTLE RED CABOOSE, INC:
2.
The Division will transfer funds in the amount of
. $199,999 to the County to be applied toward total direct Project
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!, costs when this Agreement is executed by the Division.
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II 3. Funds transferred to the County by the Division
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il upon execution of thi~ Agreement shall be invested by the County
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I; until their actual expenditure, in such income or revenue
\; producing investments ~s authorized by law for other County
Ii, funds. All income, .interest or other revenues obtained from
- such investment shall be considered Division funds and shall be
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ii returned to the Division upon completion of the Project.
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Division pursuant to this Agreement are expended by the County,
4.
No expenditure of Project funds made available by
the Division shall
be 'made
satisfaction of
the
prior
to
following s '
" ,.f. -.,-:..;.::
available by the
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a.
Before
funds
made
any
Division pursuant to this Agreement are expended by the County,
the
County
shall
by
resolution
accept
future
to
agree
maintenance and other attendant costs occurring after completion
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of the Project for the portion of the Project on the County
system and forward said resolution to the Division.
b.
Before
funds made
available by the
any
Division pursuant to this Agreement are expended by the County,
the County shall certify to the Division that the business
entity
referred
in paragraph
1 above
has
secured
to
necessary permits and initiated construction of the facilities
referenced therein. In the event of such termination, a return.'-
of funds in accordance with paragraph 11 below shall be promptly
accomplished by the County.
c.
Before
funds
made
available by the
any
the COunty shall provide to the Division a copy of appropriate
I documentation substantiating that all required right-of-way ~as
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JANUARY 13, 1987
been obtained and meets the definition of right-of-way set forth
in Section 334.03(16), Florida Statutes.
d. No expenditure of funds made available by the
I: Division pursuant to this Agreement shall be made by the County
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,: prior to verification of invoices, statements or other related
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!1 documents being duly submitted to the County for pre-audit and
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p
;: approval by the County.
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s.
Funds made available by the bivision pursuant to
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I: this Agreement shall be expended solely "tor the purpose of the
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!: Project.
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Ii capital equipment nor f~r any legal action against the Division.
No such funds shall be used for the purchase of any
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:, if
6. As an inducement to the transfer of funds referred
in paragraph 2 abo~e, the County grants the assurances that,
initiated, the proje.ct will be carried through to its
jl completion and will . not
tI .
i' additio~). funds from: the
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!I Transportation (DOT).
"
i: overruns on the Project.
require
the
expenditure
of
any
of
Division
or
the
Department
The County shall be liable for all cost
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Ii 7. The County agrees to seek and accept authority
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i' from DOT to design and construct the Project in accordance with
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I,: standards promulgated by the DOT per Section 336.045, Florida
statutes, and to provide certification of same to the Division
, and DOT upon completion of the Project.
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Such certification
,i shall be provided by a professional engineer registered in
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" Florida who shall certify that all design and construction for
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the Project is in substantial conformance with the standards
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established.by 'DOT' '. pursuant<'to.' Section 336.045/"',norid..
Statutes.
DOT agrees to grant authority to the County to
construct any portion of the Project which may be on the State
system.
8. The County shall award construction of the project
(if construction costs will exceed $50,000 exclusive of local
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i' in-kind Project costs)." to the lowest and best bidder, in
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&OOK 100 PAr,! SD2
'OQK 100 PAt,! 603
JANlWt'l 13, 1987
accordance with applicable State and federal statutes and
regulations.
9. The County further agreesz
a. To maintain books, records, docum.ntsand
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other evidence according to generally accepted governmental
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\: accounting
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! sufficiently and properly
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:; incurred by the County in the performance of this Agreement and
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',to retain said books, records, documents and other evidence for
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,! a period of three (3) years after termination of thisAgreement~
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:! b. The '-aforesaid records, books, documents and
principles,
which
and
practices
procedures
reflect all costs of any nature
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_' other evidence shall be subject at all times to inspection,
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:' review or audit: by State personnel of the Office of Auditor
i; General,
Office
Comptroller
State
personnel
and
other
of
:' authorized by the Division.
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il recordkeeping requirements in contracts and subcontracts thezeto
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" entered into by the County with any party for work required in
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To i~clude these aforementioned audit - and
l- the performance o~ this Agreement.
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(i d. To t.:ovide t-he Division on .la' quarterly basis
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:: with a report which shall contain a narrative description of th~
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i: wozk completed according to t~e ~roject schedule, a description
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: of any change orders executed, -and a budget summary detailing
: planned expenditures ver~usactual expenditures.
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e. To prOVide the Division upon termination of
this Agreement with a certification to the Division that the
II Project has been completed In compliance with the terms and
, conditions of this Agreement, and a report which shall specify
(1) the total funds transferred to the County by the Division
pursuant to this Agreement, (11) the total income, interest or
other revenues obtained from the investment of said funds, (iii)
the total direct Project costs paid from funds made available by
the Division pursuant to_this Agreement, and (iv) the balance of
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JAOO\RY 13, 1987
any unexpended Project funds.
f. To provide copies to the Division of all audit
reports made pursuant to Sections 11.45, 125.01(1) (x) and
218.32, Florida Statutes (1985), encompassing any and all
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, Project records and documents made during the term of this
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'! Agreement. Said audit reports shall be forwarded by the County
to the Division upon their completion.
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g. The County shall act as an independent
contractor and not as an employee of the Division or DOT in the
performance of this Agreement. The County shall be liable, and
agrees to be liable for, and shall indemnify, defend and hold
the Division and DOT harmless from all claims, suits, judgments
or damages arising fr~m the County's performance Of th. tasks
and duties which are the - subject of this Agreement within the
confines of Section 768.28, Florida Statutes.
it
, .' 10.
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Unless terminated earlier, the term of this
Agreement shall commence on the date'inscribed above and shall
continue until complet~9n of the Project and payment of all
May 31 ,;fir
I costs or until~.t-*-r 1987, unless actual construction of
the Project has been initiated and is continuing at that date.
I: In such case, the term of this Agreement shall continue until
completion of the Project in a timely fashion and timely payment
, of all costs, ~in no event shall this Agreement continue
beyondO~J~~~~i~ 1987, unless extended by the parties pursuant to
\ paragraph l~.a hereof.
11.
Il ' 'i' '''~I~f''
in any manner, any funds made available by the Division pursuant
to this Agreement that remain unexpended at that time shall be
Upon termination or expiration of this Agreement
returned to the Division, and investment earnings, realized
pursuant to paragraph 2 above, shall also be returned to the
Division.
12. Any Project funds made available by the Division
_\
, pursuant to this Agreement which are determined by the nivision
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~OOK 100 PM.\ 604
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100 PAGE 605
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JANUARY 13, 1987
to have been improperly expended by the County in violation of
this Agreement or State requirements shall be promptly refunded
in full to the Division.
13. This Agreement may be terminated by the Division
the
event
the County
fails
to perform or
honor
the
il requirements and provisions of this Agreement, upon no less than
-!;
! 24 hours notice in writing delivered by certified mail, return
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I' receipt requested, or in person with proof of delivery. In the
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I event of such termination, a return of ,funds in accordance with
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i paragraph 11 above sh~ll be promptly accomplished by the County~
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The County, the DOT and the Division further
,:
i: agree:
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Th~~ Agreement may be modified upon the
,;
;: written and mutual consent of the parties.
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originals.
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b.
This Agreement is
executed
in triplicate
15. By the execution he reof , the parties covenant
,'that the provisions of this Agreement have been duly approved
!-
I' and signatories hereto are duly authorized.
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IN WITNESS WHERBOr, the parties heut:o have caused
hands and seals to be set to this seven (7) page Agreement
the day and year first above written by their respective
; o~~icHals thereunto duly authorized.
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ECONOMIC DEVELOPMENT
ARTMENT or COMMERCB
BYI
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. ATTEST: .-J. ~
TITLB. E'!U.JNuS~/ldt<O TITLB.
BOARD or COUNTY COMKISSIORBRS
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aoaK 100 PACt 606
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JANUAR'{ 13, 1987
ECONOMIC DEVELOPMENT TRANSPO~TATION FUND APPLICATION
FLORIDA DEPARTMENT or COMME~CE
100 p~r,t607
DIVI~ION OF ECONOMIC DEVELOPMENT
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NO.~
Date: February 24. 1986
are Advised that this application must be submitted in
,l.:corl.lance with the provisions of Florida Statutes puuuarit to Section
['~.8.-063, and Rules 8-6.46 through 8--6.54 FDC adopted' b';-:;~h~~r-:ri~)h of
;~~';j'iI-' ,
:Iconomic Development. Failure to ~o so can be cause for withdrawing
';'l\6;'-/.
r~:'-'
~!entativ~ approval for funding, if a project is selected by the Division.
><,<,\
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Al'?LICANT
.
Lo~al Government Applicant Coll ier' Count v
~ t!!.P.rct e. Art:..h: OA I cL
Name of Primary Contact "FMmas E, KucktP.E. PUblic Works Administrator/County Engln(
AddressCollier County Government Complex. 3301 t, Tamiaml Trail. Naoles
r?~""
Jloricia 33962 Telephone 813 / 774-~
COMpANY PROVIDING EMPLOYMENT (only one company may be listed)
of'
,
Company Little Red Caboose Cqro.
Pr imary Contact Lawrence Baslk
Ti tle
President
Address 3003 ~. Tamiaml Trail. -Suite 320. Collter Place
-Telephone 813 /262-5727
___NaDles. Florida 33940
Principal Business Activity
Manufacturin9
.
Type of FacilitYI New(xx) Existing Susiness Expansion(
_ Estimated Date to Beg in Construction 60 da'ys after funding
Estimated Date to Complete'Construction 80 worklno days
New Employment Generated 55 to 80
(Must be at least 100 if grant request ls $200,000 or more)
New Ctpi tal Investment Generated $750,000,00
Briefly Describe the New Facility or the Expansion and Attach a
nouql' !; i.te Plan 30,000 square foot tnaustrial fact 1 itv
(1)
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JANl.JAre{ 13, 1987
i,.!1~tfSPORT~TION PROJEeT
Bdefly D..crU~. the 'l~aJ\.portat1on "robb. which 1, an %lIlptcUllent
-. -
to t.h. Location or Expandon of the Company Ducr ibleS Above aneS Giv.
.
it. Z.poct.anc. In the D.ci81on to Locat. or ExpaneS.
-Ih'_~~~~ of an acc,ss roael Qrc!cludes the construction of any tvo~ of facll\ty
..11' the orooosed location. WIthout the llccess road the como~ny would not locate
on th, Drooosed stte at the oresent tfme.
Bri.fly De.cr1b. the 'lranlportatlon 'ro~ect Which will Solve the
, :Ir an.por ta tion 'roble.. . :_ '
;. . '. . ..
Access roao to servtce a new t~dustrlal hell fty atoM with turn hne on
exlstln9 US 41.
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E.tll1lateeS co.t of 'lcan.portatlon 'roject.
Construction. $ 251.053.39
Right-of-Way. . DrovfC!ed Py owner .' po ~O$ti
Dulgn .. Englnllring, , 14.090.00
Supuvhlon_ ,tn,plction. 'fnduded In ne$lon '& rnQlneer-lng
- .
Toul COlta . 265,053,30
'lfanaportatlon'roject 8ueSget,
!) r-;', ij~." r; :;,~: > {.:: '. ,
City. .
County. .
~l";cr/,;,'tf f;ttn" ~ '.,
COlllpany. .
Requlst froa Economic D.Vllop.lnt 'lranaportltion runeS
(MaxilllulIl of $2,000,000). . 26~J053,30 .
Toed COlt (mutt b. ,qual to Toul 'COIt above) I $ 265,OS3,;j(l -
~"..l"'atoeS Date to Big in Conltructlonl 60 d~v~ after fund'n9
So:,' l.""tn" Date to COllplete Con.trucUonl~ eo worldM d,vs
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100 PAf;r 609 r
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JANUARY 13, 1987
If this application'is for -a city road, the cfty -must 'agree 'to
A -county road -is involved, 'the -county must
agree to maintain the road. This -will be stipulated 'in all
.-
contracts involving expendlture -of the Economic Development
,;.}'r:~~~~,~:~r t~ ~ i(on; Fund.
, l:';:j c\~
l'..; r.' \~ fl'
form, affidavit from applicant, and -letter from'riew firm or
t ,1,
affidavit from expanding firm must accompany -application.
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John A, Plstor
(Name)
Chairman. Board of County Commi~~ionp.r~
(Ti tle)
i;:;:
responsible city
Si9natures~~9n
specifi~uthori y
Implemented r
288.063,
288.063,
120. S3 (1) (a), F.S.
120 . 53 (1 ) (a), F.S .
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JANUARY 13, 1987
FLORIDA DEP^RTMENT OF COMMERCE
ECONOMIC DEVELOPMENT TRANSPORTATION PROJECT
',.... r~,DENTIFICATION
~l'roject No. I
'~,:i;-' (F. D. C.
. l,f~
,~~Name of Projects
Da te I
County l~lHer
only)
February 24, 1986
DOT Dlett let I
Four
San Marco Park Access Road
Naml! of Designated Eng ineer s Darrell D. March
Phonel(813) 394-1697
Address: P. O. Box 1700
PROJECT INFORMATION
Location of Project (Road NO.): U.S.~ State~ COufity____City___
Cl ty: Marco Island, FL 33937
Person responsible for maintenance' upkeep: State~ CountyXX City--":'"
(If more than one is applicable, please indicate.)
Total length of project: 0.66
mile (s)
Brief description of project:. Four lane access road within the site 0.16mile$
and required turn lanes on US 41 O,50:miles.
Is there an alternative that would provide more cost effective access
to the p~oject? Yes ( ) No ( XX )
, ...
If ~ please d~scribe:
Person responsible for design: Name Darrell D, March
Address P. 0, Box 1700, Marco Is.. FL 339~7
Person responsible for construction: Name same
Address
III. DOT TRANSPORTATION PROJECT CONSTRUCTION COST eSTIMATE
Estimatp. total cost of project: $ 265,053,30
Estimate cost of construction: $ 251,053.30
Estimate cost of right-of";way: $ 0
a
Estimate cost of design and eng inur ing i $14,000,00
Has design and engineering been compl~ted? Yes( XX) NO(
) No ( XX)
Was cost overrun considered in total cost? Yes(
If X!.! how much? $
Is design in accordance with DOT specifications? Yes( XX) No(
6lliest date project could begin: 60 days after funding
HOIl many days estimated for completion: 100 working days
oo'r CClmmen ts: * State will maintain the improvements within the US-41 (SR 90)
ri_gh:.-~~::-~al;,_ _ ._......
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